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31992L0106

Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States

Official Journal L 368 , 17/12/1992 P. 0038 - 0042 Finnish special edition: Chapter 7 Volume 4 P. 0148  Swedish special edition: Chapter 7 Volume 4 P. 0148

COUNCIL DIRECTIVE 92/106/EEC  of 7 December 1992  on the establishment of common rules for certain types of combined transport of goods between Member StatesTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 75 and 84 (2) thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Council Directive 75/130/EEC of 17 February 1975 on the establishment of common rules for certain types of combined road/rail carriage of goods between Member States (4) has been amended several times; whereas on the occasion of further  amendments the Directive should be recast in the interests of clarity;  Whereas the internal market is leading to an increase in traffic; whereas the Community must do what is necessary to ensure optimum management of its transport resources in the interest of all citizens, which means using combined transport;  Whereas the increasing problems relating to road congestion, the environment and road safety call, in the public interest, for the further development of combined transport as an alternative to road transport;  Whereas measures must be taken to make possible the development and further improvement of transport methods based on the intermodality of forms of transport and on the specific means and requirements of transport operators and users; whereas such  measures must cover combined forms of transport bringing together road and other modes of transport, such as rail, inland waterway and sea transport;  Whereas greater recourse to combined transport will be encouraged by freedom from all quantitative restrictions and by the elimination of various administrative constraints which still exist in the field of road transport;  Whereas for combined transport methods to result in a real reduction in road congestion, such liberalization should relate to road journeys of limited distance;  Whereas the liberalization of the initial and final sections of a combined transport operation should be extended to combined transport operations using sea routes provided that the sea journey represents an important part of the combined transport  operation;  Whereas the Commission should submit a report every two years, starting before 1 July 1995, on the application of this Directive;  Whereas the development of combined transport would also be facilitated by stimulation measures and whereas it is therefore appropriate to reduce taxation on the use or possession of commercial vehicles to the exent that they are carried by rail and to  exempt initial and final road haulage legs from compulsory tariff regulations;  Whereas access by own-account transport to combined transport should be facilitated;  Whereas this Directive must not affect Member States' obligations regarding the time-limits for the transportation into national law and implementation of the Directives which make up the recast version,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. This Directive shall apply to combined transport operations, without prejudice to Regulation (EEC) No 881/92 (5).  For the purposes of this Directive, 'combined transport' means the transport of goods between Member States where the lorry, trailer, semi-trailer, with or without tractor unit, swap body or container of 20 feet or more uses the road on the initial or  final leg of the journey and, on the other leg, rail or inland waterway or maritime services where this section exceeds 100 km as the crow flies and make the initial or final road transport leg of the journey;  - between the point where the goods are loaded and the nearest suitable rail loading station for the initial leg, and between the nearest suitable rail unloading station and the point where the goods are unloaded for the final leg, or;  - within a radius not exceeding 150 km as the crow flies from the inland waterway port or seaport of loading or unloading.  Article 2  Each of the Member States shall, by 1 July 1993, liberalize the combined transport operations referred to in Article 1 from all quota systems and systems of authorization.  Article 3  In the case of combined transport for hire or reward, a transport document which fulfils at least the requirements laid down in Article 6 of Council Regulation No 11 of 27 June 1960 concerning the abolition of discrimination in transport  rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community (6), shall also specify the rail loading and unloading stations relating to the rail leg, or the inland waterway loading and unloading  ports relating to the inland waterway leg, or the maritime loading and unloading ports relating to the maritime section of the journey. These details shall be recorded before the transport operation is carried out and shall be confirmed by means of a  stamp affixed by the rail or port authorities in the railway stations or inland waterway or sea ports concerned when that part of the journey carried out by rail or inland waterway or by sea has been completed.  Article 4  All hauliers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goods between Member States shall have the right to carry out, in the context of a combined transport  operation between Member States, initial and/or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier.  Article 5  1. Every two years and in the first instance by 1 July 1995 the Commission shall draw up a report to the Council on:  - the economic development of combined transport,  - the application of Community law in this area,  - the definition, where necessary, of further measures to promote combined transport operations.  2. When drawing up the report referred to in paragraph 1, the Commission shall be assisted by representatives of the Member State to collect the information necessary for this purpose.  The report shall analyze the information and statistics relating in particular to:  - transport links used in combined transport operation,  - the number of vehicles (a road train counting as a single vehicle), swap bodies and containers transported over the various transport links,  - transported tonnages,  - services carried out, in terms of tonnes/kilometres.  The report shall, where appropriate, propose solutions for the subsequent improvement of such information and the situation in the combined transport sector.  Article 6  1. Member States shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles (lorries, tractors, trailers or semi-trailers) when routed in combined transport are reduced or reimbursed  either by a standard amount, or in proportion to the journeys that such vehicles undertake by rail, within limits and in accordance with conditions and rules they fix after consultation with the Commission.  The reductions of reimbursements referred to in the first paragraph shall be granted by the State in which the vehicles are registered, on the basis of the rail journeys effected within that State.  Member States may, however, grant these reductions or reimbursements on the basis of the rail journeys which take place partially or wholly outside the Member State in which the vehicles are registered.  2. Without prejudice to the provisions resulting from a possible reorganization of national taxation systems for commercial vehicles at Community level, vehicles used exclusively for road haulage in feeder or final delivery carriage by combined  transport may be exempted, if they are taxed separately, from the taxes listed in paragraph 3.  3. The taxes referred to in paragraphs 1 and 2 are the following:  - Belgium:  taxe de circulation sur les véhicules automobiles/verkeersbelasting op de autovoertuigen;  - Denmark:  vaegtafgift af motorkoeretoejer mv.;  - Germany:  Kraftfahrzeugsteuer;  - France:  taxe spéciale sur certains véhicules routiers;  - Greece:  ôÝëç êõêëïoeïñssáò áõôïêéíÞôùí;  - Spain:  (a) impuesto sobre actividades económicas,  (b) impuesto sobre vehículos de tracción mecánica;  - Ireland:  vehicle excise duties;  - Italy:  (a) tassa automobilistica,  (b) addizionale del 5 % sulla tassa automobilistica;  - Luxembourg:  taxe sur les véhicules automoteurs;  - Netherlands:  motorrijtuigenbelasting;  - Portugal:  (a) imposto de camionagem,  (b) imposto de circulaçao;  - United Kingdom:  vehicle excise duties.  Article 7  Where a trailer or semi-trailer belonging to an undertaking engaged in own-account transport is hauled on a final section by a tractor belonging to an undertaking engaged in transport for hire or reward, the transport operation so effected  shall be exempt from presentation of the document provided for in Article 3; however, another document shall be provided giving evidence of the journey covered or to be covered by rail, by inland waterway or by sea.  Article 8  Initial or final road haulage legs forming part of combined transport operations shall be exempted from compulsory tariff regulations.  Article 9  Where, as part of a combined transport operation, the dispatching undertaking carries out the initial road haulage leg for its own account within the meaning of the First Council Directive of 23 July 1962 on the establishment of common rules  for certain types of carriage of goods by road (7), the undertaking which is to receive the goods transported may, notwithstanding the definition given in the said Directive, carry out for its own account the final road haulage leg to transport the  goods to their destination using a tractor owned by it, bought by it on deferred terms or hired by it pursuant to Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road (8), and  driven by its employees, even though the trailer or semi-trailer is registered or hired by the undertaking which dispatched the goods.  The initial road haulage leg in a combined transport operation which the dispatching undertaking carries out using a tractor owned by it, bought by it on deferred terms or hired by it pursuant to Directive 86/647/EEC and which is driven by its  employees, whereas the trailer or semi-trailer is registered or hired by the undertaking which is to receive the goods transported, shall also, notwithstanding the Directive of 23 July 1962, be considered an own-account carriage operation if the final  road haulage leg is carried out for its own account in accordance with the latter Directive by the recipient undertaking.  Article 10  1. Member States shall bring into force the laws, regulations and administrative provisions necessary in order to comply with this Directive by 1 July 1993. They shall forthwith inform the Commission thereof.  When these Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  2. Member States shall communicate the main provisions of national law which they adopt in the field covered by this Directive to the Commission.  Article 11  1. Directive 75/130/EEC (9) is hereby repealed without prejudice to the obligations of the Member States regarding the time-limits for transposition and implementation set out in the Annex, part A.  2. References to the repealed Directive shall be understood as references to this Directive and shall be read in accordance with the correlation table in the Annex, part B.  Article 12  This Directive is addressed to the Member States. Done at Brussels, 7 December 1992. For the Council  The President  J. MacGREGOR   (1) OJ No L C 282, 30. 10. 1992, p. 8. (2) Opinion delivered on 20 November 1992 (not yet published in the Official Journal). (3) Opinion delivered on 24 November 1992 (not yet published in the Official Journal). (4) OJ No L 48, 22. 2. 1975,  p. 31. Directive last amended by Regulation (EEC) No 881/92 (OJ No L 95, 9. 4. 1992, p. 1). (5) Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of  a Member State or passing across the territory of one or more Member States (OJ No L 95, 9. 4. 1992, p. 1). (6) OJ No 52, 16. 8. 1960, p. 1121/60. (7) OJ No 70, 6. 8. 1962, p. 2205/62. Last amended by Regulation (EEC) No 881/92 (OJ No L 95, 9. 4. 1992,  p. 1). (8) OJ No L 335, 22. 12. 1984, p. 72. Amended by Directive 90/398/EEC (OJ No L 202, 31. 7. 1990, p. 46). (9) Including acts amending it, viz. the relevant provision of the 1985 Act of Accession and Directives 79/5/EEC, 82/3/EEC, 82/603/EEC,  86/544/EEC and 91/224/EEC.    ANNEX  PART A  Time-limits for transposition into national law and implementation      Directive  Time-limit for transposition and implementation     75/130/EEC (OJ No L 48, 22. 2. 1975, p. 31)   30 June 1975  79/ 5/EEC (OJ No L 5, 9. 1. 1979, p. 33)   1 July 1979  82/ 3/EEC (OJ No L 5, 9. 1. 1982, p. 12)   -  82/603/EEC (OJ No L  247, 23. 8. 1982, p. 6)   1 April 1983  86/544/EEC (OJ No L 320, 15. 11. 1986, p. 33)   1 July 1987  91/224/EEC (OJ No L 103, 23. 4. 1991, p. 1)   1 January 1992     PART B  Correlation table      This Directive  Directive 75/130/EEC     Article 1  Article 1  Article 2  Article 2  Article 3  Article 3  Article 4  Article 6  Article 5  Article 7  Article 6  Article 8  Article 7  Article 9  Article 8  Article 11  Article 9  Article 12  Article 10  -  Article 11  -  Article 12  Article 13  Annex  -


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31990L0439

Commission Directive 90/439/EEC of 24 July 1990 amending the Annex to Council Directive 82/471/EEC concern ing certain products used in animal feedingstuff

Official Journal L 227 , 21/08/1990 P. 0033 - 0034 Finnish special edition: Chapter 3 Volume 33 P. 0191  Swedish special edition: Chapter 3 Volume 33 P. 0191

*****COMMISSION  DIRECTIVE  of 24 July 1990  amending the Annex to Council Directive 82/471/EEC concern ing certain products used in animal feedingstuff  (90/439/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (1), as last amended by Commission Directive 89/520/EEC (2), and in particular Article 6 thereof,  Whereas Directive 82/471/EEC provides for regular amendment of the content of the Annex thereto as a result of developments in scientific or technical knowledge;  Whereas the study of two new products belonging to the group of protein products obtained from micro-organisms and the amino acids group has shown that these products fulfill the requirements of Directive 82/471/EEC; whereas the use of these products in animal nutrition should, therefore, be permitted under certain conditions;  Whereas the measures provided for in this Directive are in accordanced with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annex to Directive 82/471/EEC is amended as set out in the Annex hereto.  Article 2  The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1 not later than 30 June 1991. The shall immediately inform the Commission thereof.  The provisions adopted pursuant to the first paragraph shall make express reference to this Directive.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 24 July 1990.  For the Commission  Ray MAC SHARRY  Member of the Commission  (1) OJ No L 213, 21. 7. 1982, p. 8.  (2) OJ No L 270, 19. 9. 1989, p. 13.  ANNEX  1. Under 1.4 'Lower fungi', the following group of products and products are added:  1.2.3.4.5.6.7 //  //  //  //  //  //  //  // 1  // 2  // 3  // 4  // 5  // 6  // 7  //  //  //  //  //  //  //  // Name of product group  // Name of product  // Chemical designation of product or identity of micro-organism  // Nutrient substrate (specifications, if any)  // Composition characteristics of product  // Animal species  // Special provisions  //  //  //  //  //  //  //  // '1.4.1. Products from production of antibiotics by fermentation  // 1.4.1.1. Mycelium, wet by-product from the production of penicillin, ensiled by means of lactobacillus brevis, plantarun, sake, collenoid and streptococcus lactis to inactive the penicillin and heat treated  // Nitrogenous compound Penicillium chrysogenum ATCC 48271   // Different sources of carbohydrates and their hydrolysates   // Nitrogen expressed as crude protein: min. 7 %   // Ruminants pigs   // Declaration to be made on the label or packaging of the product: - the name: "Mycelium silage from the production of penicillin" - Nitrogen expressed as crude protein - crude ash - moisture - animal species or category Declaration to be made on the label or packaging of the compound feedingstuff: the name: "Mycelium silage from the production of penicillin".'   //    //   //  //   //   //   //  2. In group 3.2 'Lysine', the following product is added:  1.2.3.4.5.6.7 //  //  //  //  //  //  //  // 1  // 2  // 3  // 4  // 5  // 6  // 7  //  //  //  //  //  //  //  // Name of product group  // Name of product  // Chemical designation of product or identity of micro-organism  // Nutrient substrate (specifications, if any)  // Composition characteristics of product  // Animal species  // Special provisions  //  //  //  //  //  //  //  //  // '3.2.6. L-lysine phosphate and its by-products produced by fermentation with Brevibacterium lactofermentum NRRL B-11470  // [NH2-(CH2)4-CH (NH2)-COOH] ; H3PO4   // Sucrose ammonia and fish solubles  // L-lysine: min. 35 % Phosphorus: min. 4,3 %   // Poultry, pigs   // Declaration to be made on the label or packaging of the product: - the name "L-lysine phosphate and its by-products from fermentation". - L-lysine and moisture content.'   //  //   //   //   //   //   //


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31977L0489

Council Directive 77/489/EEC of 18 July 1977 on the protection of animals during international transport

Official Journal L 200 , 08/08/1977 P. 0010 - 0016 Greek special edition: Chapter 03 Volume 19 P. 0026  Spanish special edition: Chapter 03 Volume 13 P. 0008  Portuguese special edition Chapter 03 Volume 13 P. 0008

++++COUNCIL DIRECTIVE  OF 18 JULY 1977  ON THE PROTECTION OF ANIMALS DURING INTERNATIONAL TRANSPORT   ( 77/489/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 MOST MEMBER STATES HAVE RATIFIED THE EUROPEAN CONVENTION FOR THE PROTECTION OF ANIMALS DURING INTERNATIONAL TRANSPORT ; WHEREAS AN ADDITIONAL PROTOCOL ENABLING THE COMMUNITY AS SUCH TO ACCEDE TO THE SAID CONVENTION IS CURRENTLY BEING PREPARED ;  WHEREAS , HOWEVER , COMMUNITY MEASURES ON THE SUBJECT SHOULD BE ADOPTED WITHOUT DELAY ;  WHEREAS GENERAL PROVISIONS ON THE PROTECTION OF ANIMALS SHOULD NOT HAVE A DIRECT EFFECT ON THE FUNCTIONING OF THE COMMON MARKET ;  WHEREAS , HOWEVER , THERE EXIST BETWEEN THE NATIONAL LAWS AT PRESENT IN FORCE IN THE FIELD OF ANIMAL TRANSPORT DISPARITIES AFFECTING THE FUNCTIONING OF THE COMMON MARKET ;  WHEREAS , IN ORDER TO ELIMINATE THE RESULTANT TECHNICAL BARRIERS TO TRADE IN LIVE ANIMALS , THE LAWS OF THE MEMBER STATES SHOULD BE HARMONIZED ; WHEREAS THAT WOULD ACCORDINGLY ENABLE ACTION TO BE TAKEN AT COMMUNITY LEVEL TO PROTECT ANIMALS FROM CRUEL TREATMENT DURING TRANSPORT ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THIS DIRECTIVE SHALL APPLY TO THE INTERNATIONAL TRANSPORT OF :   ( A ) DOMESTIC SOLIPEDS AND DOMESTIC ANIMALS OF THE BOVINE , OVINE , CAPRINE AND PORCINE SPECIES ( ANNEX , CHAPTER I ) ;   ( B ) DOMESTIC BIRDS AND DOMESTIC RABBITS ( ANNEX , CHAPTER II ) ;   ( C ) DOMESTIC CATS AND DOMESTIC DOGS ( ANNEX , CHAPTER III ) ;   ( D ) OTHER MAMMALS AND BIRDS ( ANNEX , CHAPTER IV ) ;   ( E ) COLD-BLOODED ANIMALS ( ANNEX , CHAPTER V ) .  ARTICLE 2  THIS DIRECTIVE SHALL NOT APPLY TO GREENLAND .  IF THE COMMISSION FINDS THAT THE EXCLUSION OF GREENLAND IS NO LONGER JUSTIFIED , IT SHALL SUBMIT APPROPRIATE PROPOSALS TO THE COUNCIL .  ARTICLE 3  1 . FOR THE PURPOSES OF THIS DIRECTIVE :   ( A ) " OFFICIAL VETERINARIAN " MEANS THE VETERINARIAN DESIGNATED BY THE COMPETENT CENTRAL AUTHORITY OF THE MEMBER STATE ;   ( B ) " MEANS OF TRANSPORT " MEANS THOSE PARTS OF MOTOR VEHICLES , RAIL VEHICLES AND AIRCRAFT SET ASIDE FOR LOADING AND THE HOLDS OF SHIPS OR CONTAINERS FOR LAND , SEA OR AIR TRANSPORT ;   ( C ) " INTERNATIONAL TRANSPORT " MEANS ANY MOVEMENT OF ANIMALS EFFECTED BY A MEANS OF TRANSPORT WHICH INVOLVES THE CROSSING OF A FRONTIER . FRONTIER TRAFFIC SHALL , HOWEVER , BE EXCLUDED .  2 . FOR INTERNATIONAL TRANSPORT OF ANIMALS MENTIONED IN CHAPTER I OF THE ANNEX , THE OFFICIAL VETERINARY OFFICER MUST CERTIFY THAT THESE ANIMALS ARE FIT FOR TRANSPORT WITHIN THE MEANING OF THIS DIRECTIVE .  ARTICLE 4  EACH MEMBER STATE SHALL ENSURE THAT , IN THE CASE OF A CONSIGNMENT TO OR FROM ANOTHER MEMBER STATE OR OF EXPORTS TO OR IMPORTS FROM THIRD COUNTRIES OR IN THE CASE OF TRANSIT , THE INTERNATIONAL TRANSPORT OF ANIMALS WITHIN ITS TERRITORY IS EFFECTED IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN THE ANNEX TO THIS DIRECTIVE .  THEY SHALL IN PARTICULAR TAKE ALL NECESSARY MEASURES TO AVOID OR REDUCE TO A MINIMUM THE SUFFERING OF ANIMALS WHEN STRIKES OR OTHER UNFORESEEABLE CIRCUMSTANCES IN THEIR TERRITORY IMPEDE APPLICATION OF THIS DIRECTIVE .  ARTICLE 5  IF IN THE COURSE OF INTERNATIONAL TRANSPORT IT IS FOUND THAT THE PROVISIONS OF THIS DIRECTIVE ARE NOT , OR ARE NO LONGER , COMPLIED WITH , THE COMPETENT AUTHORITY OF THE MEMBER STATE IN THE TERRITORY OF WHICH SUCH A SITUATION ARISES SHALL TAKE THE APPROPRIATE ACTION TO REMEDY THE SITUATION , AS FAR AS IS POSSIBLE .  NEVERTHELESS , WITHOUT PREJUDICE TO THE IMPLEMENTATION OF ANY ANIMAL HEALTH MEASURES , A CONSIGNMENT OF ANIMALS SHALL BE DETAINED ONLY WHEN IT IS STRICTLY NECESSARY FOR THE WELFARE OF THE ANIMALS .  ARTICLE 6  1 . WHERE A MEMBER STATE CONSIDERS THAT , DURING THE INTERNATIONAL TRANSPORT OF ANIMALS FROM ANOTHER MEMBER STATE , THE PROVISIONS OF THIS DIRECTIVE ARE NOT , OR ARE NO LONGER , COMPLIED WITH IN THE LATTER MEMBER STATE , IT SHALL INFORM THAT MEMBER STATE ACCORDINGLY AND THE LATTER SHALL TAKE ALL NECESSARY MEASURES AND SHALL INFORM THE OTHER MEMBER STATE OF THE DECISIONS TAKEN AND THE REASONS FOR SUCH DECISIONS .  IF THAT OTHER MEMBER STATE FEARS THAT THE NECESSARY MEASURES HAVE NOT BEEN TAKEN OR ARE INAPPROPRIATE , IT SHALL INFORM THE COMMISSION ACCORDINGLY , WHEREUPON THE COMMISSION MAY SEEK THE OPINION OF ONE OR MORE VETERINARY EXPERTS .  2 . VETERINARY EXPERTS MUST BE NATIONALS OF A MEMBER STATE OTHER THAN THOSE INVOLVED IN THE DISPUTE .  3 . AFTER CONSULTING THE MEMBER STATES , THE COMMISSION SHALL LAY DOWN DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE , IN PARTICULAR AS REGARDS THE APPOINTMENT OF VETERINARY EXPERTS AND THE PROCEDURE TO BE FOLLOWED AS REGARDS DELIVERY BY THEM OF AN OPINION .  ARTICLE 7  THE COUNCIL , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION AND AFTER CONSULTING THE EUROPEAN PARLIAMENT , SHALL ADOPT THE PROVISIONS NECESSARY FOR THE IMPLEMENTATION OF THIS DIRECTIVE .  IN PARTICULAR IT SHALL WITHIN ONE YEAR OF THE DATE OF ADOPTION OF THIS DIRECTIVE ADOPT THE PROVISIONS NECESSARY FOR THE IMPLEMENTATION OF POINT 1 ( D ) OF THE ANNEX HERETO AND SHALL AT THAT TIME LAY DOWN DETAILED RULES OF APPLICATION TO BE ADOPTED BY THE COMMISSION AND THE PROCEDURE FOR THE ADOPTION OF SUCH RULES .  ARTICLE 8  MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NEEDED TO COMPLY WITH THIS DIRECTIVE ON 1 AUGUST 1978 .  THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 9  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 18 JULY 1977 .  FOR THE COUNCIL  THE PRESIDENT  A . HUMBLET  ( 1 ) OJ NO C 257 , 10 . 11 . 1975 , P . 38 .  ( 2 ) OJ NO C 286 , 15 . 12 . 1975 , P . 22 .  ANNEX  CHAPTER I  DOMESTIC SOLIPEDS AND DOMESTIC ANIMALS OF THE BOVINE , OVINE , CAPRINE AND PORCINE SPECIES  A . GENERAL PROVISIONS  1 . ( A ) BEFORE ANIMALS ARE LOADED FOR INTERNATIONAL TRANSPORT THEY SHALL BE INSPECTED BY AN OFFICIAL VETERINARIAN OF THE EXPORTING COUNTRY WHO SHALL SATISFY HIMSELF THAT THEY ARE FIT FOR TRANSPORTATION .   ( B ) LOADING SHALL BE CARRIED OUT UNDER ARRANGEMENTS APPROVED BY AN OFFICIAL VETERINARIAN .   ( C ) THE OFFICIAL VETERINARIAN SHALL ISSUE A CERTIFICATE WHICH IDENTIFIES THE ANIMALS , STATES THAT THEY ARE FIT FOR TRANSPORTATION AND , WHERE POSSIBLE , RECORDS THE REGISTRATION NUMBER OF THE MEANS OF TRANSPORT AND THE TYPE OF VEHICLE USED .   ( D ) IN CERTAIN SPECIFIC CASES , MEMBER STATES MAY BE AUTHORIZED , AT THEIR REQUEST AND IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 7 , NOT TO APPLY THE PROVISIONS OF THIS POINT .  2 . ANIMALS LIKELY TO GIVE BIRTH DURING CARRIAGE OR HAVING GIVEN BIRTH DURING THE PRECEDING 48 HOURS SHALL NOT BE CONSIDERED FIT FOR TRANSPORTATION .  3 . THE OFFICIAL VETERINARIAN OF THE EXPORTING COUNTRY , COUNTRY OF TRANSIT , OR IMPORTING COUNTRY MAY PRESCRIBE A PERIOD OF REST , AT A PLACE DETERMINED BY HIM , DURING WHICH THE ANIMALS SHALL RECEIVE THE NECESSARY CARE .  4 . ( A ) ANIMALS SHALL BE PROVIDED WITH ADEQUATE SPACE AND , UNLESS SPECIAL CONDITIONS REQUIRE TO THE CONTRARY , ROOM TO LIE DOWN .   ( B ) THE MEANS OF TRANSPORT AND CONTAINERS SHALL BE CONSTRUCTED SO AS TO PROTECT ANIMALS AGAINST INCLEMENT WEATHER CONDITIONS AND MARKED DIFFERENCES IN CLIMATIC CONDITIONS . VENTILATION AND AIR SPACE SHALL BE ADAPTED TO THE CONDITIONS OF TRANSPORT AND BE APPROPRIATE FOR THE SPECIES OF ANIMALS CARRIED .   ( C ) CONTAINERS IN WHICH ANIMALS ARE TRANSPORTED SHALL BE MARKED WITH A SYMBOL INDICATING THE PRESENCE OF LIVE ANIMALS AND A SIGN INDICATING THE UPRIGHT POSITION . CONTAINERS SHALL BE EASY TO CLEAN , ESCAPE-PROOF AND SHALL BE SO CONSTRUCTED AS TO ENSURE THE SAFETY OF THE ANIMALS . CONTAINERS SHALL ALSO ALLOW FOR THE INSPECTION AND CARE OF THE ANIMALS AND SHALL BE STOWED IN A WAY WHICH DOES NOT INTERFERE WITH VENTILATION . DURING TRANSPORT AND HANDLING , CONTAINERS SHALL ALWAYS BE KEPT UPRIGHT AND SHALL NOT BE EXPOSED TO SEVERE JOLTS OR SHAKING .   ( D ) DURING TRANSPORT ANIMALS SHALL BE OFFERED WATER AND APPROPRIATE FOOD AT SUITABLE INTERVALS . ANIMALS SHALL NOT BE LEFT MORE THAN 24 HOURS WITHOUT BEING FED AND WATERED . THIS PERIOD MAY , HOWEVER , BE EXTENDED IF THE JOURNEY TO THE DESTINATION WHERE THE ANIMALS ARE UNLOADED CAN BE COMPLETED WITHIN A REASONABLE PERIOD .   ( E ) SOLIPEDS SHALL WEAR HALTERS DURING TRANSPORT . THIS PROVISION NEED NOT APPLY TO UNBROKEN ANIMALS .   ( F ) WHEN ANIMALS ARE TIED THE ROPES OR OTHER ATTACHMENTS USED SHALL BE STRONG ENOUGH NOT TO BREAK DURING THE TRANSPORT UNDER NORMAL CONDITIONS , AND LONG ENOUGH TO ALLOW THE ANIMALS , IF NECESSARY , TO LIE DOWN AND TO EAT AND DRINK . BOVINES SHALL NOT BE TIED BY THE HORNS .   ( G ) SOLIPEDS , UNLESS IN INDIVIDUAL STALLS , SHALL HAVE THEIR HIND FEET UNSHOD .   ( H ) BULLS OVER 18 MONTHS SHOULD PREFERABLY BE TIED . THEY SHALL BE FITTED WITH A NOSE-RING FOR HANDLING PURPOSES ONLY .  5 . ( A ) WHEN ANIMALS OF VARIOUS SPECIES TRAVEL IN THE SAME TRUCK , VEHICLE , VESSEL OR AIRCRAFT , THEY SHALL BE SEGREGATED ACCORDING TO SPECIES . FURTHERMORE SPECIAL MEASURES SHALL BE TAKEN TO AVOID ADVERSE REACTIONS WHICH MIGHT RESULT FROM THE TRANSPORT IN THE SAME CONSIGNMENT OF SPECIES NATURALLY HOSTILE TO EACH OTHER . WHEN ANIMALS OF DIFFERENT AGES ARE CARRIED IN THE SAME TRUCK , VEHICLE , VESSEL OR AIRCRAFT , ADULT AND YOUNG ANIMALS SHALL BE KEPT SEPARATE ; THIS RESTRICTION SHALL NOT , HOWEVER , APPLY TO FEMALES TRAVELLING WITH THEIR YOUNG WHICH THEY SUCKLE . WITH REGARD TO BOVINE , SOLIPED AND PORCINE ANIMALS , MATURE UNCASTRATED MALES SHALL BE SEPARATED FROM FEMALES . ADULT BOARS SHALL ALSO BE SEPARATED FROM EACH OTHER . THIS SHALL ALSO APPLY TO STALLIONS .   ( B ) IN COMPARTMENTS IN WHICH ANIMALS ARE TRANSPORTED GOODS SHALL NOT BE LOADED WHICH COULD PREJUDICE THE WELFARE OF THE ANIMALS .  6 . SUITABLE EQUIPMENT FOR LOADING AND UNLOADING OF ANIMALS SUCH AS BRIDGES , RAMPS , OR GANGWAYS SHALL BE USED . THE FLOORING OF THIS EQUIPMENT SHALL BE CONSTRUCTED SO AS TO PREVENT SLIPPING , AND THE EQUIPMENT SHALL BE PROVIDED WITH LATERAL PROTECTION IF NECESSARY . ANIMALS SHALL NOT BE LIFTED BY THE HEAD , HORNS , OR LEGS DURING LOADING OR UNLOADING .  7 . THE FLOOR OF TRUCKS , VEHICLES , VESSELS , AIRCRAFT , OR CONTAINERS SHALL BE SUFFICIENTLY STRONG TO BEAR THE WEIGHT OF THE ANIMALS BEING TRANSPORTED , CLOSE-BOARDED AND SO CONSTRUCTED AS TO PREVENT SLIPPING . THE FLOOR SHALL BE COVERED WITH AN ADEQUATE AMOUNT OF LITTER TO ABSORB EXCREMENT UNLESS THIS CAN BE DEALT WITH IN A DIFFERENT WAY PRESENTING AT LEAST THE SAME ADVANTAGES .  8 . IN ORDER TO ENSURE THE NECESSARY CARE OF THE ANIMALS DURING TRANSPORT , CONSIGNMENTS OF LIVESTOCK SHALL BE ACCOMPANIED BY AN ATTENDANT , EXCEPT IN THE FOLLOWING CASES :   ( I ) WHERE LIVESTOCK IS CONSIGNED IN CONTAINERS WHICH ARE SECURED ;   ( II ) WHERE THE TRANSPORTER UNDERTAKES TO ASSUME THE FUNCTIONS OF THE ATTENDANT ;   ( III ) WHERE THE SENDER HAS APPOINTED AN AGENT TO CARE FOR THE ANIMALS AT APPROPRIATE STAGING POINTS .  9 . ( A ) THE ATTENDANT OR SENDER'S AGENT SHALL LOOK AFTER THE ANIMALS , FEED AND WATER THEM , AND , IF NECESSARY , MILK THEM .   ( B ) COWS IN MILK SHALL BE MILKED AT INTERVALS OF NOT MORE THAN 12 HOURS .   ( C ) TO ENABLE THE ATTENDANT TO PROVIDE THIS CARE , HE SHALL , IF NECESSARY , HAVE AVAILABLE A SUITABLE MEANS OF LIGHTING .  10 . ANIMALS WHICH BECOME ILL OR INJURED DURING TRANSPORT SHALL RECEIVE VETERINARY ATTENTION AS SOON AS POSSIBLE , AND IF NECESSARY BE SLAUGHTERED IN A WAY WHICH AVOIDS UNNECESSARY SUFFERING .  11 . ANIMALS SHALL ONLY BE LOADED INTO TRUCKS , VEHICLES , VESSELS , AIRCRAFT , OR CONTAINERS WHICH HAVE BEEN THOROUGHLY CLEANED . DEAD ANIMALS , LITTER AND EXCREMENT SHALL BE REMOVED AS SOON AS POSSIBLE .  12 . ANIMALS SHALL BE TRANSPORTED TO THEIR DESTINATION AS SOON AS POSSIBLE , AND DELAYS , PARTICULARLY IN TRANSHIPMENT AND MARSHALLING YARDS , SHALL BE REDUCED TO A MINIMUM .  13 . IN ORDER THAT IMPORTATION AND TRANSIT FORMALITIES MAY BE COMPLETED AS QUICKLY AS POSSIBLE , CONSIGNMENTS OF ANIMALS SHALL BE NOTIFIED AS EARLY AS POSSIBLE TO CONTROL POSTS . IN SUCH FORMALITIES PRIORITY SHOULD BE GIVEN TO CONSIGNMENTS OF ANIMALS .  14 . AT POSTS WHERE SANITARY CONTROL IS EXERCISED AND AND ANIMALS IN SIGNIFICANT NUMBERS ARE REGULARLY TRANSPORTED , FACILITIES SHALL BE PROVIDED FOR RESTING , FEEDING AND WATERING .  B . SPECIAL PROVISIONS FOR TRANSPORT BY RAIL  15 . ANY RAILWAY TRUCK USED IN THE TRANSPORT OF ANIMALS SHALL BE MARKED WITH A SYMBOL FOR THE LIVING ANIMAL . IF NO TRUCKS PARTICULARLY ADAPTED FOR TRANSPORT OF ANIMALS ARE OBTAINABLE , ANIMALS SHALL BE CARRIED IN COVERED TRUCKS WHICH ARE CAPABLE OF TRAVELLING AT HIGH SPEED AND ARE PROVIDED WITH SUFFICIENTLY LARGE AIR VENTS . THEY SHALL BE CONSTRUCTED SO AS TO PREVENT ANIMALS FROM ESCAPING AND ENSURE THEIR SAFETY . THE INTERIOR SIDES OF THE TRUCKS SHALL BE OF WOOD OR OTHER SUITABLE MATERIAL COMPLETELY SMOOTH AND FITTED WITH RINGS OR BARS AT SUITABLE HEIGHT TO WHICH THE ANIMALS MAY BE ATTACHED .  16 . SOLIPEDS SHALL BE TIED IN SUCH A WAY THAT THEY ARE ALL FACING THE SAME SIDE OF THE VEHICLE OR TIED FACING EACH OTHER . HOWEVER , YOUNG UNBROKEN ANIMALS SHALL NOT BE TIED .  17 . LARGE ANIMALS SHALL BE LOADED IN SUCH A WAY AS TO ALLOW AN ATTENDANT TO MOVE BETWEEN THEM .  18 . WHEN , IN ACCORDANCE WITH THE PROVISIONS OF POINT 5 ( A ) , THE SEPARATION OF ANIMALS IS REQUIRED , THIS MAY BE EFFECTED EITHER BY TYING THEM IN SEPARATE PARTS OF THE TRUCK , IF ITS SPACE PERMITS , OR BY MEANS OF SUITABLE PARTITIONS .  19 . WHEN ASSEMBLING TRAINS AND DURING ALL OTHER MOVEMENT OF TRUCKS ALL PRECAUTIONS SHALL BE TAKEN TO AVOID VIOLENT JOLTING OF TRUCKS CONTAINING ANIMALS .  C . SPECIAL PROVISIONS FOR TRANSPORT BY ROAD  20 . VEHICLES SHALL BE ESCAPE-PROOF AND SO CONSTRUCTED AS TO ENSURE THE SAFETY OF THE ANIMALS AND SHALL ALSO BE EQUIPPED WITH A ROOF WHICH ENSURES EFFECTIVE PROTECTION AGAINST THE WEATHER .  21 . TYING FACILITIES SHALL BE PROVIDED IN VEHICLES USED IN THE TRANSPORT OF LARGE ANIMALS WHICH NORMALLY REQUIRE TO BE TIED . WHEN VEHICLES ARE REQUIRED TO BE SUB-DIVIDED , THE PARTITIONS SHALL BE OF RIGID CONSTRUCTION .  22 . VEHICLES SHALL CARRY A RAMP COMPLYING WITH THE REQUIREMENTS OF POINT 6 .  D . SPECIAL PROVISIONS FOR TRANSPORT BY WATER  23 . THE FITTINGS OF VESSELS BE SUCH THAT ANIMALS CAN BE TRANSPORTED WITHOUT INJURY AND UNNECESSARY SUFFERING .  24 . ANIMALS SHALL NOT BE TRANSPORTED ON OPEN DECKS UNLESS IN ADEQUATELY SECURED CONTAINERS OR SUBSTANTIAL STRUCTURES , APPROVED BY THE COMPETENT AUTHORITY AND GIVING ADEQUATE PROTECTION AGAINST SEA AND WEATHER .  25 . ANIMALS SHALL BE TIED OR PROPERLY ACCOMMODATED IN PENS OR CONTAINERS .  26 . THERE SHALL BE ADEQUATE PASSAGEWAYS HAVING ACCESS TO ALL PENS OR CONTAINERS ACCOMMODATING ANIMALS . LIGHTING FACILITIES SHALL BE AVAILABLE .  27 . A SUFFICIENT NUMBER OF ATTENDANTS SHALL BE PROVIDED TAKING INTO ACCOUNT THE NUMBER OF ANIMALS TRANSPORTED AND THE DURATION OF THE VOYAGE .  28 . ALL PARTS OF THE VESSEL WHERE ANIMALS ARE ACCOMMODATED SHALL BE PROVIDED WITH DRAINAGE AND SHALL BE KEPT IN A SANITARY CONDITION .  29 . A TYPE OF INSTRUMENT APPROVED BY THE COMPETENT AUTHORITY SHALL BE CARRIED FOR SLAUGHTERING ANIMALS IF NECESSARY .  30 . VESSELS USED IN THE TRANSPORT OF ANIMALS SHALL , BEFORE SAILING , BE PROVISIONED WITH SUCH SUPPLIES OF DRINKING WATER AND APPROPRIATE FOODSTUFFS AS SHALL BE CONSIDERED SUFFICIENT BY THE COMPETENT AUTHORITY OF THE SENDING COUNTRY , HAVING REGARD TO SPECIES AND NUMBER OF ANIMALS BEING TRANSPORTED AS WELL AS TO THE DURATION OF THE VOYAGE .  31 . PROVISIONS SHALL BE MADE FOR ISOLATING ILL OR INJURED ANIMALS DURING THE VOYAGE AND FIRST-AID TREATMENT RENDERED WHEN NECESSARY .  32 . THE PROVISIONS OF POINTS 23 TO 31 SHALL NOT APPLY TO THE TRANSPORT OF ANIMALS LOADED IN RAILWAY TRUCKS OR ROAD VEHICLES ON BOARD FERRY BOATS OR SIMILAR VESSELS .  E . SPECIAL PROVISIONS FOR TRANSPORT BY AIR  33 . ANIMALS SHALL BE TRANSPORTED IN CONTAINERS OR STALLS APPROPRIATE FOR THE SPECIES . SOME MODIFICATIONS OF THESE REQUIREMENTS MAY BE PERMITTED IF APPROPRIATE ARRANGEMENTS ARE MADE FOR RESTRAINING THE ANIMALS .  34 . PRECAUTIONS SHALL BE TAKEN TO AVOID EXTREMELY HIGH OR LOW TEMPERATURES ON BOARD , HAVING REGARD TO THE SPECIES OF ANIMALS . IN ADDITION , SEVERE FLUCTUATIONS OF AIR PRESSURE SHALL BE AVOIDED .  35 . IN FREIGHT AIRCRAFT A TYPE OF INSTRUMENT APPROVED BY THE COMPETENT AUTHORITY SHALL BE CARRIED FOR SLAUGHTERING ANIMALS IF NECESSARY .  CHAPTER II  DOMESTIC BIRDS AND DOMESTIC RABBITS  36 . THE FOLLOWING PROVISIONS OF CHAPTER I SHALL APPLY MUTATIS MUTANDIS TO THE TRANSPORT OF DOMESTIC BIRDS AND DOMESTIC RABBITS : POINTS 4 ( A ) , ( B ) AND ( C ) , 5 , 11 TO 15 INCLUSIVE , 19 , 20 , 23 TO 28 INCLUSIVE , 30 , 32 TO 34 INCLUSIVE .  37 . ( A ) ANIMALS THAT ARE ILL OR INJURED SHALL NOT BE CONSIDERED FIT FOR TRANSPORT . ANY THAT BECOME ILL OR INJURED SHALL RECEIVE FIRST-AID TREATMENT AS SOON AS POSSIBLE AND IF NECESSARY BE SUBMITTED TO VETERINARY EXAMINATION .   ( B ) WHEN ANIMALS ARE LOADED IN CONTAINERS ONE PLACED ON TOP OF ANOTHER OR IN A TRUCK OR VEHICLE WITH MORE THAN ONE FLOOR , THE NECESSARY PRECAUTIONS SHALL BE TAKEN TO AVOID DROPPINGS FALLING ON THE ANIMALS PLACED UNDERNEATH .   ( C ) SUITABLE FOOD AND , IF NECESSARY , WATER SHALL BE AVAILABLE IN ADEQUATE QUANTITIES , SAVE IN THE CASE OF :   ( I ) A JOURNEY LASTING LESS THAN 12 HOURS ;   ( II ) A JOURNEY LASTING LESS THAN 24 HOURS FOR CHICKS OF ALL SPECIES , PROVIDED THAT IT IS COMPLETED WITHIN 72 HOURS AFTER HATCHING .  CHAPTER III  DOMESTIC DOGS AND DOMESTIC CATS  38 . ( A ) THE PROVISIONS OF THIS CHAPTER SHALL APPLY TO THE TRANSPORT OF DOMESTIC DOGS AND DOMESTIC CATS EXCEPT THOSE THAT ARE ACCOMPANIED BY THE OWNER OR HIS REPRESENTATIVE .   ( B ) THE FOLLOWING PROVISIONS OF CHAPTER I SHALL APPLY MUTATIS MUTANDIS TO THE TRANSPORT OF DOMESTIC DOGS AND DOMESTIC CATS : POINT 2 , POINT 4 , PARAGRAPHS  ( A ) TO ( C ) INCLUSIVE , POINTS 5 , 7 , 8 , POINT 9 , PARAGRAPHS ( A ) AND ( C ) , POINTS 10 TO 15 INCLUSIVE , 18 TO 21 INCLUSIVE , 23 TO 27 INCLUSIVE AND 29 TO 35 INCLUSIVE .  39 . ANIMALS IN TRANSPORT SHALL BE FED AT INTERVALS OF NOT MORE THAN 24 HOURS AND GIVEN WATER AT INTERVALS OF NOT MORE THAN 12 HOURS . THERE SHALL BE CLEAR WRITTEN INSTRUCTIONS ABOUT FEEDING AND WATERING . BITCHES IN OESTRUS SHALL BE SEPARATED FROM MALE DOGS .  CHAPTER IV  OTHER MAMMALS AND BIRDS  40 . ( A ) THE PROVISIONS OF THIS CHAPTER SHALL APPLY TO THE TRANSPORT OF THOSE MAMMALS AND BIRDS WHICH ARE NOT ALREADY COVERED BY THE PROVISIONS OF THE PRECEDING CHAPTERS .   ( B ) THE FOLLOWING PROVISIONS OF CHAPTER I , SHALL APPLY MUTATIS MUTANDIS TO THE TRANSPORT OF THE SPECIES CONCERNED IN THIS CHAPTER : POINTS 2 AND 3 , POINT 4 , PARAGRAPHS ( A ) TO ( C ) INCLUSIVE , POINTS 5 TO 8 INCLUSIVE , POINT 9 , PARAGRAPHS ( A ) AND ( C ) , POINTS 10 TO 15 INCLUSIVE , 18 TO 35 INCLUSIVE .  41 . ANIMALS SHALL ONLY BE TRANSPORTED IN SUITABLY CONSTRUCTED VEHICLES OR CONTAINERS , ON WHICH SHALL , IF NECESSARY , BE DIRECTIONS THAT THERE ARE WILD ANIMALS IN THEM WHICH ARE TIMID OR DANGEROUS . MOREOVER , THERE SHALL BE CLEAR WRITTEN INSTRUCTIONS ABOUT FEEDING AND WATERING AND ANY SPECIAL CARE REQUIRED .  42 . ANTLERED ANIMALS SHALL NOT BE TRANSPORTED WHILE IN VELVET UNLESS SPECIAL PRECAUTIONS ARE TAKEN .  43 . ANIMALS COVERED BY THIS CHAPTER SHALL BE CARED FOR IN ACCORDANCE WITH THE INSTRUCTIONS REFERRED TO IN POINT 41 .  CHAPTER V  COLD-BLOODED ANIMALS  44 . COLD-BLOODED ANIMALS SHALL BE TRANSPORTED IN SUCH CONTAINERS , UNDER SUCH CONDITIONS , IN PARTICULAR WITH REGARD TO SPACE , VENTILATION AND TEMPERATURE , AND WITH SUCH SUPPLY OF WATER AND OXYGEN AS ARE CONSIDERED APPROPRIATE FOR THE SPECIES . THEY SHALL BE TRANSPORTED TO THEIR DESTINATION AS SOON AS POSSIBLE .


Avis juridique important

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31999L0066

Commission Directive 1999/66/EC of 28 June 1999 setting out requirements as to the label or other document made out by the supplier pursuant to Council Directive 98/56/EC

Official Journal L 164 , 30/06/1999 P. 0076 - 0077

COMMISSION DIRECTIVE 1999/66/ECof 28 June 1999setting out requirements as to the label or other document made out by the supplier pursuant to Council Directive 98/56/ECTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants(1), and in particular Article 8(3) thereof,(1) Whereas the label or other documents should give the particulars needed both for official control and for the information of the grower;(2) Whereas in the case where the propagating material is accompagnied by a plant passport under the Community Plant Health System the plant passport may constitute on certain conditions the label or other document made up by the supplier;(3) Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Propagating Material for Ornamental Plants,HAS ADOPTED THIS DIRECTIVE:Article 1This Directive establishes the requirements as to the labels or other document made up by the supplier of propagating material of ornamental plants referred to in Article 8 of Directive 98/56/EC.Article 21. The suppliers' label or document referred to in Article 1 shall be of suitable material which has not previously been used and shall be printed in at least one of the official languages of the Community. It shall contain the following information headings:(i) indication "EC quality";(ii) indication of EC Member State code;(iii) indication of responsible official body or its distinguishing code;(iv) registration number;(v) individual serial, week or batch number;(vi) botanical name;(vii) denomination of the variety, where appropriate. In the case of rootstock: denomination of the variety or its designation;(viii) denomination of the group of plants, where appropriate;(ix) quantity;(x) in the case of imports from third countries pursuant to Article 11(2) of Directive 98/56/EC, the name of the country of production.2. In the case where the propagating material is accompanied by a plant passport in accordance with Commission Directive 92/105/EEC(2) the plant passport may constitute the suppliers' label or document referred to in paragraph 1. Nonetheless, the indication "EC quality" and an indication as to the responsible official body under Directive 98/56/EC must be given and, where appropriate, a reference to the denomination of the variety, rootstock or group of plants. In the case of imports from third countries pursuant to Article 11(2) of Directive 98/56/EC, the name of the country of production must also be given. This information may be on the same document as the plant passport but clearly separated.Article 3Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive on 31 December 1999. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such a reference is to be made.Member States shall communicate to the Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 28 June 1999.For the CommissionFranz FISCHLERMember of the Commission(1) OJ L 226, 13.8.1998, p. 16.(2) OJ L 4, 8.1.1993, p. 22.


title: Commission Directive 2006/35/EC of  24 March 2006  amending Annexes I to IV to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

text:
               25.3.2006

               EN

               Official Journal of the European Union

               L 88/9

         COMMISSION DIRECTIVE 2006/35/EC
   of 24 March 2006
   amending Annexes I to IV to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular point (c) of the second paragraph of Article 14 thereof,
   After consulting the Member States concerned,
   Whereas:

               (1)

               Directive 2000/29/EC provides for certain measures against the introduction into the Member States from other Member States or third countries of organisms which are harmful to plants or plant products. It also provides for certain zones to be recognised as protected zones.

               (2)

               From information supplied by Portugal, it appears that Bemisia tabaci Genn. (European populations) is now established in the Alentejo region and in some communes of the Ribatejo e Oeste region. These parts of the Portuguese territory should therefore no longer be recognised as a protected zone in respect of that harmful organism.

               (3)

               From information supplied by Slovenia, it appears that Erwinia amylovora (Burr.) Winsl. et al. is now established in the Gorenjska and Maribor regions. These regions should no longer be recognised as a protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al.

               (4)

               From information supplied by Slovakia, it appears that Erwinia amylovora (Burr.) Winsl. et al. is now established in certain communes of the Dunajská Streda, Levice, Topoľčany, Poltár, Rožňava and Trebišov Counties. These communes should no longer be recognised as a protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al.

               (5)

               Italy has submitted information showing that Erwinia amylovora (Burr.) Winsl. et al. is now established in some parts of its territory. Those parts of the Italian territory should therefore no longer be recognised as a protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al.

               (6)

               Lithuania has submitted information showing that Beet necrotic yellow vein virus is now established in its territory. Lithuania should therefore no longer be recognised as a protected zone in respect of Beet necrotic yellow vein virus.

               (7)

               The relevant Annexes to Directive 2000/29/EC should therefore be amended accordingly.

               (8)

               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
   Annexes I to IV to Directive 2000/29/EC are amended in accordance with the text in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 30 April 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 May 2006.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such a 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, 24 March 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2006/14/EC (OJ L 34, 7.2.2006, p. 24).

      ANNEX
      Annexes I to IV to Directive 2000/29/EC are amended as follows:

                  (1)

                  In Annex I, Part B is amended as follows:

                              (a)

                              in point 1 of heading (a) the words in brackets after ‘P’ are replaced by the following:
                              ‘Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste (communes of Alcobaça, Alenquer, Bombarral, Cadaval, Caldas da Rainha, Lourinhã, Nazaré, Obidos, Peniche and Torres Vedras) and Trás-os-Montes’;

                              (b)

                              in point 1 of heading (b) ‘LT’ is deleted.

                  (2)

                  In Annex II, Part B is amended as follows:
                  in the third column of point 2 of heading (b):

                              (a)

                              the words ‘(with exclusion of the provincial area situated to the North of the State road n. 9 — Via Emilia)’ are added after each of the words ‘Forli-Cesena’ and ‘Rimini’;

                              (b)

                              the words ‘Trentino-Alto Adige: autonomous province of Trento;’ are deleted;

                              (c)

                              the following words are inserted after the word ‘SI’: ‘(except the Gorenjska and Maribor regions)’;

                              (d)

                              the following words are inserted after the word ‘SK’: ‘(except the communes of Blahová, Horné Mýto and Okoč (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Veľké Ripňany (Topoľčany County), Málinec (Poltár County), Hrhov (Rožňava County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County))’.

                  (3)

                  In Annex III, Part B is amended as follows:
                  in the second column of points 1 and 2:

                              (a)

                              the words ‘(with exclusion of the provincial area situated to the North of the State road n. 9 — Via Emilia)’ are added after each of the words ‘Forli-Cesena’ and ‘Rimini’;

                              (b)

                              the words ‘Trentino-Alto Adige: autonomous province of Trento;’ are deleted;

                              (c)

                              the following words are inserted after the word ‘SI’: ‘(except the Gorenjska and Maribor regions)’;

                              (d)

                              the following words are inserted after the word ‘SK’: ‘(except the communes of Blahová, Horné Mýto and Okoč (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Veľké Ripňany (Topoľčany County), Málinec (Poltár County), Hrhov (Rožňava County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County))’.

                  (4)

                  In Annex IV, Part B is amended as follows:

                              (a)

                              in the third column of point 20.1, ‘LT’ is deleted;

                              (b)

                              in the third column of point 20.2, ‘LT ’is deleted;

                              (c)

                              in the third column of point 21, the words ‘Trentino-Alto Adige: autonomous province of Trento;’ are deleted;

                              (d)

                              in the third column of points 21 and 21.3:

                                          1.

                                          the words ‘(with exclusion of the provincial area situated to the North of the State road n. 9 — Via Emilia)’ are added after each of the words ‘Forli-Cesena’ and ‘Rimini’;

                                          2.

                                          the following words are inserted after the word ‘SI’: ‘(except the Gorenjska and Maribor regions)’;

                                          3.

                                          the following words are inserted after the word ‘SK’: ‘(except the communes of Blahová, Horné Mýto and Okoč (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Veľké Ripňany (Topoľčany County), Málinec (Poltár County), Hrhov (Rožňava County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County))’.

                              (e)

                              in the third column of point 22, ‘LT’ is deleted;

                              (f)

                              in the third column of point 23, ‘LT’ is deleted;

                              (g)

                              in the third column of points 24.1, 24.2 and 24.3;
                              the words in brackets after ‘P’ are replaced by the following words ‘Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste (communes of Alcobaça, Alenquer, Bombarral, Cadaval, Caldas da Rainha, Lourinhã, Nazaré, Obidos, Peniche and Torres Vedras) and Trás-os-Montes’.

                              (h)

                              in the third column of point 25, ‘LT’ is deleted;

                              (i)

                              in the third column of point 26, ‘LT’ is deleted;

                              (j)

                              in the third column of point 27.1, ‘LT’ is deleted;

                              (k)

                              in the third column of point 27.2, ‘LT’ is deleted;

                              (l)

                              in the third column of point 30, ‘LT’ is deleted.


Avis juridique important

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31976L0603

Fifteenth Commission Directive 76/603/EEC of 21 June 1976 amending the Annexes to the Council Directive of 23 November 1970 concerning additives in feedingstuffs

Official Journal L 198 , 23/07/1976 P. 0010 - 0021 Greek special edition: Chapter 03 Volume 16 P. 0022

+++++( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 160 , 22 . 6 . 1976 , P . 11 .  FIFTEENTH COMMISSION DIRECTIVE OF 21 JUNE 1976 AMENDING THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ( 76/603/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 CONCERNING ADDITIVES IN FEEDINGSTUFFS ( 1 ) , AS LAST AMENDED BY THE FOURTEENTH COMMISSION DIRECTIVE OF 8 JUNE 1976 ( 2 ) , AND IN PARTICULAR ARTICLE 6 THEREOF ,  WHEREAS THIS DIRECTIVE PROVIDES FOR THE CONTENTS OF THE ANNEXES TO BE REGULARLY AMENDED TO TAKE ACCOUNT OF DEVELOPMENTS IN SCIENTIFIC AND TECHNICAL KNOWLEDGE ;  WHEREAS IN A PREVIOUS AMENDMENT OF THE DIRECTIVE AN ERROR OCCURRED REGARDING THE CONDITION OF USE OF OLEANDOMYCIN FOR POULTRY ; WHEREAS THIS SHOULD BE CORRECTED ;  WHEREAS THE PROVISIONS OF THE ANNEXES RELATING TO ANTI-OXIDANTS , EMULSIFIERS AND STABILIZERS NEED TO BE ADAPTED TO THE COMMUNITY PROVISIONS ADOPTED IN THIS REGARD IN THE FIELD OF FOODSTUFFS ;  WHEREAS THE USE OF THE COCCIDIOSTATS DECOQUINATE AND MONENSIN SODIUM FOR CHICKENS AND ROBENIDINE FOR CHICKENS AND TURKEYS , INCLUDED HITHERTO IN ANNEX II HAVE BEEN WIDELY TESTED IN THE COMMUNITY ; WHEREAS IT SHOULD THEREFORE BE AUTHORIZED , SUBJECT TO CERTAIN CONDITIONS , AT COMMUNITY LEVEL ;  WHEREAS MOST OF THE PRESERVATIVES COVERED BY COMMUNITY PROVISIONS IN THE FIELD OF FOODSTUFFS ARE ALSO USED IN THE COMMUNITY FOR PRESERVING ANIMAL FEEDINGSTUFFS ; WHEREAS THEY SHOULD THEREFORE BE INCLUDED IN THE ANNEXES ;  WHEREAS THE USE OF CERTAIN ADDITIVES BELONGING TO THE GROUPS OF ANTIBIOTICS , COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES , EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS , COLOURING MATTERS , GROWTH PROMOTERS AND MANUFACTURING AIDS , ALREADY INCLUDED IN ANNEX II , REQUIRES FURTHER EXAMINATION ; WHEREAS THEIR PERIOD OF AUTHORIZATION SHOULD THEREFORE BE EXTENDED ;  WHEREAS LIVESTOCK PRODUCTION CONDITIONS FOR YOUNG ANIMALS IN CERTAIN MEMBER STATES REQUIRE THE USE OF ANTIBIOTICS IN ANNEX I AT HIGHER LEVELS THAN THOSE LAID DOWN THEREIN ; WHEREAS THIS USE SHOULD BE AUTHORIZED AT NATIONAL LEVEL UNDER RESTRICTED CONDITIONS WHICH CANNOT INVOLVE RISKS FOR ANIMAL OR HUMAN HEALTH ;  WHEREAS THE USE OF THE ANTIBIOTIC AVOPARCIN FOR CHICKENS AND SWINE HAS BEEN SUCCESSFULLY TESTED IN CERTAIN MEMBER STATES ; WHEREAS IT SHOULD BE AUTHORIZED , SUBJECT TO CERTAIN CONDITIONS , AT LEAST AT NATIONAL LEVEL , PENDING ITS ADMISSION 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  THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ARE HEREBY AMENDED AS SET OUT IN THE FOLLOWING ARTICLES .  ARTICLE 2  ANNEX I SHALL BE AMENDED AS FOLLOWS :  1 . PART A " ANTIBIOTICS " .  FOR THE ADDITIVE E 704 " OLEANDOMYCIN " , THE FIGURE " 5 " IN THE COLUMN HEADED " MINIMUM CONTENT " AND THE FIGURE " 20 " IN THE COLUMN HEADED " MAXIMUM CONTENT " , RELATING TO " TURKEYS " AND " OTHER POULTRY EXCLUDING DUCKS , GEESE , LAYING HENS , PIGEONS " SHALL BE REPLACED BY THE FIGURES " 2 " AND " 10 " RESPECTIVELY .  2 . PART B " ANTI-OXIDANTS " .  THE EXISTING PROVISIONS SHALL BE REPLACED BY THE FOLLOWING TEXT :  ( SEE OJ NO L 198 OF 23 . 7 . 1976 )  3 . PART D " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " .  THE FOLLOWING ITEMS SHALL BE ADDED : ( SEE OJ )  4 . PART E " EMULSIFIERS " SHALL BE DELETED AND REPLACED BY THE FOLLOWING TEXT : ( SEE OJ )  5 . PART G " STABILIZERS " SHALL BE DELETED AND REPLACED BY THE FOLLOWING TEXT : ( SEE OJ )  ARTICLE 3  ANNEX II SHALL BE AMENDED AS FOLLOWS :  1 . PART A " ANTIBIOTICS " .  1.1 FOR ITEM NO 2 " ERYTHROMYCIN " THERE SHALL BE ADDED THE WORDS " CHICKENS FOR FATTENING , SWINE " IN THE COLUMN HEADED " SPECIES OF ANIMAL " AND THE FIGURES " 5 " AND " 20 " RESPECTIVELY IN THE COLUMNS HEADED " MINIMUM CONTENT " AND " MAXIMUM CONTENT " RELATING TO THESE SPECIES .  1.2 FOR ITEMS NO 2 " ERYTHROMYCIN " , NO 6 " TYLOSIN " , NO 17 " LINCOMYCIN " , NO 18 " BACITRACIN-METHYLENE-DISALICYLATE " AND FOR THE USE OF ADDITIVE NO 15 " ZINC-BACITRACIN " FOR DUCKS , THE DATE " 30 JUNE 1976 " IN THE COLUMN HEADED " PERIOD OF AUTHORIZATION " SHALL BE REPLACED BY THE DATE " 31 DECEMBER 1977 " .  1.3 FOR ITEM NO 3 " HYGROMYCIN B " THE DATE " 30 JUNE 1976 " IN THE COLUMN HEADED " PERIOD OF AUTHORIZATION " SHALL BE REPLACED BY THE DATE " 31 DECEMBER 1976 " .  1.4 THERE SHALL BE ADDED TO ITEM NO 15 " ZINC-BACITRACIN " THE FOLLOWING : ( SEE OJ )  1.5 THE FOLLOWING ITEMS SHALL BE ADDED : ( SEE OJ )  2 . PART B " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " .  2.1 THE DATE " 30 JUNE 1976 " IN THE COLUMN HEADED " PERIOD OF AUTHORIZATION " SHALL BE REPLACED BY THE DATE " 31 DECEMBER 1977 " FOR THE FOLLOWING ITEMS :  NO 2 " DIMETRIDAZOLE "  NO 4 " FURAZOLIDONE "  NO 6 " NICARBAZIN "  NO 7 " NITROFURAZONE "  NO 8 " SULPHAQUINOXALINE "  NO 9 " SULPHAQUINOXALINE + PYRIMETHAMINE "  NO 10 " SULPHAQUINOXALINE + DIAVERIDINE "  NO 11 " SULPHADIMETHOXINE + DIAVERIDINE "  NO 12 " RONIDAZOL "  NO 13 " BIFURAN ( NITROFURAZONE + FURAZOLIDONE ) "  NO 19 " 3 , 5-DINITROSALICYLIC ACID ( 5-NITROFURFURYLIDENE ) HYDRAZIDE "  NO 20 " AMPROLIUM + SULPHAQUINOXALINE + ETHOPABATE "  NO 21 " AMPROLIUM + SULPHAQUINOXALINE + ETHOPABATE + PYRIMETHAMINE "  2.2 THE DATE " 30 JUNE 1976 " IN THE COLUMN HEADED " PERIOD OF AUTHORIZATION " SHALL BE REPLACED BY THE DATE " 31 DECEMBER 1978 " FOR THE FOLLOWING ITEMS :  NO 14 " METHYLBENZOQUATE "  NO 16 " METICLORPINDOL + METHYLBENZOQUATE "  2.3 ITEMS NO 1 " DECOQUINATE " , NO 17 " MONENSIN-SODIUM " AND NO 18 " ROBENIDINE " SHALL BE DELETED .  3 . PART C " EMULSIFIERS " SHALL DE DELETED AND REPLACED BY THE FOLLOWING TEXT : ( SEE OJ )  4 . PART D " STABILIZERS " SHALL BE DELETED AND REPLACED BY THE FOLLOWING TEXT : ( SEE OJ )  5 . PART E " OTHER ADDITIVES " SHALL BE DELETED AND REPLACED BY THE FOLLOWING TEXT : ( SEE OJ )  6 . THE FOLLOWING TEXT SHALL BE ADDED : ( SEE OJ )  ARTICLE 4  THE MEMBER STATES SHALL , NOT LATER THAN 31 DECEMBER 1976 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 21 JUNE 1976 .  FOR THE COMMISSION  P . J . LARDINOIS  MEMBER OF THE COMMISSION


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31998L0025

Council Directive 98/25/EC of 27 April 1998 amending Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)

Official Journal L 133 , 07/05/1998 P. 0019 - 0020

COUNCIL DIRECTIVE 98/25/EC of 27 April 1998 amending Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 84(2) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),(1) Whereas Article 2(1) of Directive 95/21/EC (4) defines 'Conventions` in terms of the Conventions cited in that Article in force at the time of adoption of the Directive; whereas Article 2(2) stipulates that 'MOU` means the Memorandum of Understanding on port State control, signed in Paris on 26 January 1982, as it stood at the date of adoption of the Directive;(2) Whereas since the adoption of Directive 95/21/EC, amendments to the Solas 74 Convention, to the Marpol 73/78 Convention and to the STCW 78 Convention have entered into force; whereas the latest amendments to the Paris MOU have entered into force on 14 January 1998; whereas it is appropriate to apply these amendments for the purpose of the Directive;(3) Whereas the International management code for the safe operation of ships and for pollution prevention (ISM Code) adopted by the International Maritime Organisation on 4 November 1993 and made mandatory through the new Chapter IX of the Solas Convention establishes a safety management system applicable both shipboard and on shore by the company responsible for operation of the ship and verified by the administration of the country in which the company conducts its business;(4) Whereas the ISM Code is an essential contribution to maritime safety and to protection of the marine environment in Community waters;(5) Whereas the ISM Code enters into force at international level on 1 July 1998 for all passenger ships and for oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high-speed craft with a gross tonnage of 500 tonnes or more;(6) Whereas Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries) (5) aims at advanced mandatory enforcement of the provisions of the ISM Code to all ro-ro ferries to or from Community ports, regardless of their flag;(7) Whereas delays in implementing the provisions of the ISM Code at international level by companies and administrations would create cause for concern from the point of view of marine safety and protection of the environment;(8) Whereas it is therefore necessary to establish specific Community-wide measures to deal with cases where no ISM certificates are on board; whereas these measures must include detention of all ships without certificates issued pursuant to the ISM Code;(9) Whereas, however, in the absence of other serious deficiencies warranting detention of the vessel, the Member State concerned should be able to give authorisation to lift the detention order on the ship when it is necessary in order to avoid port congestion;(10) Whereas, in this case, Member States need to take, in conformity with Article 11 of Directive 95/21/EC, well-coordinated measures to ensure that ships which have been authorised to leave port without proper ISM certification are refused access to all ports within the Community until valid certificates have been issued under the ISM Code, without prejudice to paragraph 6 of the said Article;(11) Whereas only the detaining Member State can lift the refusal of access to ports within the Community; whereas this State may accept, if it so wishes, any information from another Member State which is deemed to be proof that a ship has valid certificates issued in accordance with the ISM Code;(12) Whereas it should be possible to adapt Directive 95/21/EC to take account of amendments to the international conventions and the Memorandum of Understanding on port State control mentioned in Article 2 of that Directive by a simplified procedure; whereas the procedure provided for in Article 18 of the said Directive appears the most appropriate for such amendments; whereas to that end Article 19 should be extended,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 95/21/EC is hereby amended as follows:1. Article 2 shall be amended as follows:(a) in point 1, the words 'in force at the date of adoption of this Directive` shall be replaced by 'in force on 1 July 1998`;(b) in point 2, the words 'as it stands at the date of adoption of this Directive` shall be replaced by 'as it stands on 14 January 1998`.2. The following Article shall be inserted:'Article 9aProcedure applicable in the absence of ISM certificates1. Where the inspection reveals that the copy of the document of compliance or the safety management certificate issued in accordance with the International management code for the safe operation of ships and for pollution prevention (ISM Code) are missing on board a vessel to which, within the Community, the ISM Code is applicable at the date of the inspection, the competent authority shall ensure that the vessel is detained.2. Notwithstanding the absence of the documentation referred to in paragraph 1, if the inspection finds no other deficiencies warranting detention the competent authority may lift the detention order in order to avoid port congestion. Whenever such a decision is taken, the competent authority shall immediately inform the competent authorities of the other Member States thereof.3. Member States shall take the measures necessary to ensure that all ships authorised to leave a port in a Member State under the circumstances referred to in paragraph 2 shall be refused access to all ports in the Community, except in the situations referred to in Article 11(6), until the owner or operator of the vessel has demonstrated, to the satisfaction of the competent authority of the Member State in which detention was ordered, that the ship has valid certificates issued in accordance with the ISM Code. Where deficiencies as referred to in Article 9(2) are found and cannot be rectified in the port of detention, the relevant provisions of Article 11 shall also apply.`.3. In Article 19 the following point shall be added:'(c) adapt the dates in Article 2 in order to take into account amendments which have entered into force to the international Conventions and to the MOU referred to in the said Article with the exception of Protocols to such Conventions.`.Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1998. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.Article 3 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Luxembourg, 27 April 1998.For the CouncilThe PresidentR. COOK(1) OJ C 264, 30. 8. 1997, p. 33.(2) Opinion delivered on 10 December 1997 (OJ C 73, 9. 3. 1998, p. 64).(3) Opinion of the European Parliament of 4 December 1997 (OJ C 388, 22. 12. 1997, p. 16), Council common position of 12 February 1998 (OJ C 91, 26. 3. 1998, p. 28) and Decision of the European Parliament of 31 March 1998 (OJ C 138, 4. 5. 1998).(4) OJ L 157, 7. 7. 1995, p. 1.(5) OJ L 320, 30. 12. 1995, p. 14.


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31973L0173

Council Directive 73/173/EEC of 4 June 1973 on the approximation of Member States' laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations (solvents)

Official Journal L 189 , 11/07/1973 P. 0007 - 0029 Finnish special edition: Chapter 13 Volume 3 P. 0131  Greek special edition: Chapter 15 Volume 1 P. 0003  Swedish special edition: Chapter 13 Volume 3 P. 0131  Spanish special edition: Chapter 13 Volume 3 P. 0003  Portuguese special edition Chapter 13 Volume 3 P. 0003

COUNCIL DIRECTIVE  of 4 June 1973  on the approximation of Member States' laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations (solvents)  (73/173/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament;  Having regard to the Opinion of the Economic and Social Committee;  Whereas dangerous substances and preparations are subject to rules in the Member States ; whereas there are considerable differences between these national rules particularly as regards labelling but equally as regards classification according to the degree of risk ; whereas these differences constitute a barrier to trade and directly affect the establishment and functioning of the common market;  Whereas rules relating to dangerous substances have already been laid down in Council Directive (1) of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances as last amended by the Directive of 21 May 1973 (2) ; whereas it is necessary to approximate laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations;  Whereas in view of the extent of this field and the many detailed measures which will be required for the approximation of all the provisions relating to dangerous preparations, it is advisable to deal first with the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations such as solvents;  Whereas the main feature of these preparations is the risk of toxicity and harmfulness of their ingredients;  Whereas preparations containing one or more of these dangerous substances are frequently used for industrial, farming, craft and domestic purposes either as solvents as such or as dilutants, cleaning products, degreasing agents or similar products;  Whereas the many different uses of solvents in other preparations require moreover that account be taken in other Directives of the material dangers deriving from the circumstances of use such as prolonged or occasional exposure, the quantity of the dangerous preparations and the dimensions of their packages and from all other possible factors concerning dangerous substances which may aggravate or reduce these risks ; whereas such Directives should relate to pesticides, glues, printing inks, paints and varnishes;  Whereas in view of the particular features and conditions of use of preparations consisting exclusively of solvents, account must likewise be taken, quite apart from any other factor, of known data concerning risks of intoxication arising out of prolonged exposure;  (1)OJ No 196, 16.8.1967, p. 1. (2)OJ No L 167, 25.6.1973, p. 1.   Whereas technical progress necessitates rapid adaptation of the technical prescriptions laid down in this Directive ; whereas, in order to facilitate the implementation of measures required to that end, close cooperation should be established between the Member States and the Commission within the Committee for the adaptation to technical progress of directives for removing technical barriers to trade in the sector of dangerous substances and preparations, established by the Directive of 27 June 1967;  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive shall concern:    - the classification       - the packaging       - the labelling         of dangerous preparations consisting exclusively of solvents intended for use as such. Substances intended for use as solvents and containing impurities listed in the Annex hereto in quantities exceeding the limits prescribed in Article 2 (5) shall also be considered as dangerous preparations.  2. This Directive shall apply to preparations which are placed on the market in the Member States and which contain one or more of the substances listed in the Annex hereto.  3. This Directive shall not apply to:    (a) medicines, narcotics, radioactive substances and fuels;       (b) the carriage of dangerous preparations by rail, road, inland waterway, sea or air;       (c) munitions or objects which contain these preparations in the form of igniters or fuels;       (d) dangerous preparations exported to third countries;       (e) preparations in transit subject to customs control provided they are not altered in any way.         4. The definitions specified in Article 2 of the Directive of 27 June 1967, shall apply to this Directive.   Article 2 1. Toxic and harmful substances as defined in the Directive of 27 June 1967 and used as solvents, shall be divided into classes and sub-classes in accordance with the Annex hereto.  Toxic substances are under class I, harmful substances under class II. Each sub-class is given a classification index I1 and an exemption index I2, as in the table below: >PIC FILE= "T0006039">   2. Preparations containing one or more of the substances listed in the Annex hereto shall be considered toxic if the sum of the products obtained by multiplying the weight percentage of each toxic or harmful substance in a preparation by its respective I1 index exceeds 500, that is: >PIC FILE= "T0006067">   3. Preparations containing one or more substances listed in the Annex hereto shall be considered harmful if:    (a) the sum of the products specified in paragraph 2 is less than or equal to 500, that is >PIC FILE= "T0006068">   and       (b) the sum of the products obtained by multiplying the weight percentage of each toxic or harmful  substance in a preparation by its respective I2 index exceeds 100, that is: >PIC FILE= "T0006073">          4. Preparations containing one or more of the substances listed in the Annex hereto shall not be considered as toxic or harmful if the sum of the products obtained by multiplying the weight percentage of each toxic or harmful substance in a preparation by its respective I2 index is less than or equal to 100 ; that is: >PIC FILE= "T0006074">   5. No account shall be taken of substances in preparations covered by this Directive whether existing as impurities or as additives, the individual concentration of which is less than 0.2 % by weight if falling within class I and 1 % by weight if falling within class II.   Article 3 Member States shall take all necessary measures to ensure that dangerous preparations (solvents) cannot be placed on the market unless they comply with the provisions of this Directive and the Annex thereto.   Article 4 Member States shall take all necessary measures to ensure that dangerous preparations (solvents) cannot be placed on the market unless their packages fulfil the following conditions:    (a) packages must be made up and closed in such a way as to preclude any loss of the contents save for prescribed safety devices;       (b) the materials constituting the packages and closures must not be liable to attack by the contents or liable to form harmful or dangerous compounds with the contents;       (c) packages and closures must be strong and solid throughout to ensure that they will not loosen and will safely meet the normal stresses and strains of handling.         Packages meeting these requirements shall be considered as satisfactory.   Article 5 1. Member States shall take all necessary measures to ensure that dangerous preparations (solvents) cannot be placed on the market unless the labelling relating to the package fulfils the following conditions.  2. All packages must show clearly and indelibly the following:    (a) the name(s) of the toxic ingredient(s) of the dangerous preparation;  the name of the harmful ingredients present in a concentration which, >PIC FILE= "T9000540">   The name must be shown under one of the terms listed in Annex I to the Directive of 27 June 1967.       (b) the name and address of the manufacturer or any other person placing the preparation on the market;       (c) symbols and indications of the dangers attendant to the toxic, harmful or highly flammable preparation, in accordance with Article 6 (2) (c) of the Directive of 27 June 1967 and in connection with Annex V thereto;       (d) a notice of the special risks deriving from these dangers. In the case of non-toxic preparations these risks need not be shown, if the contents of the package do not exceed 100 ml.          3. The notice of the special risks shall be supplied by the manufacturer or any other person putting that preparation on the market according to the importance of the main risks.  This notice should conform with the indications given in Annex III to the Directive of 27 June 1967.  No more than 4 phrases need be shown. Health risks must be given priority over risks concerning explosion or fire.  4. The package shall be accompanied by safety advice on how to avoid the main dangers attendant to the preparation. These warnings shall be selected by the manufacturer or any other person putting that preparation on the market from among the phrases given in the list contained in Annex I to the Directive of 27 June 1967 and Annex IV thereto.  5. Provisions of Article 2 (5) of this Directive shall apply by analogy to labelling.   Article 6 1. Where the particulars required by Article 5 appear on a label, that label must be placed on one or more surfaces of the package so that it can be read horizontally when the package is set down normally. The dimensions of the label must be as follows: >PIC FILE= "T0006133">   Each symbol must cover at least one tenth of the surface area of the label. The entire surface of the label must adhere to the package immediately containing the substance.  2. A label shall not be required where the particulars are clearly shown on the package itself as specified in paragraph 1.  3. Member States may make the placing on the market of dangerous preparations in their territories subject to the use of the national language or languages in respect of the labelling thereof.  4. For the purposes of this Directive labelling requirements shall be deemed to be satisfied:    (a) in the case of an outer package containing one or more inner packages:  where the outer package is labelled in accordance with regulations on the transport of dangerous materials and where the inner package or packages are labelled in accordance with this Directive;       (b) in the case of a single package, where such a package is satisfactorily labelled in accordance with rules on the transport of dangerous materials and with Article 5 (2) (a), (b) and (d) and (3) of this Directive.          Article 7 1. Member States may:    (a) permit the labelling required by Article 5 to be applied in some other appropriate manner on packages too small to allow labelling in accordance with Article 6 (1) and (2);       (b) by way of derogation from Articles 5 and 6, permit the packages of preparations other than toxic preparations to be unlabelled or to be labelled in some other way if they contain such small quantities that there is no danger to workers or others.         2. Member States availing themselves of facilities provided for in paragraph 1 shall immediately inform the Commission thereof.   Article 8 Member States shall not prohibit, restrict or impede on the grounds of classification, packaging or labelling as defined in this Directive, the placing on the market of dangerous preparations which satisfy the requirements of this Directive and the Annex thereto.   Article 9 1. Where a Member State establishes that a dangerous preparation, although satisfying the requirements of this Directive, presents a health or safety risk necessitating a classification or labelling other than those provided for by this Directive, it may, for a period not exceeding six months, prohibit  the distribution, sale or use of that preparation in its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision.  2. The Commission shall, within six weeks, consult with the Member States concerned, express its opinion without delay and take the appropriate steps. Where it deems an amendment referred to in Article 10 to be necessary the period provided for in paragraph 1 shall be extended until the procedure laid down in Article 8c of the Directive of 27 June 1967 has been completed.   Article 10 The amendments required for adapting the Annex to technical progress shall be adopted in accordance with the procedure laid down in Article 8c of the Directive of 27 June 1967.   Article 11 1. The Member States shall introduce the provisions necessary to comply with this Directive within eighteen months from its communication and shall inform the Commission immediately thereof.  However, for a period of three years from the notification of this Directive and by way of derogation from the provisions of this Article, Denmark, Ireland and the United Kingdom may allow the marketing on their territory of dangerous preparations (solvents) the packaging and labelling of which are in accordance with the conditions in force in their territory at the time of Accession.  2. The Member States shall ensure that the internal legal provisions to be adopted in the field covered by this Directive are sent to the Commission.   Article 12 This Directive is addressed to the Member States.     Done at Luxembourg, 4 June 1973.  For the Council  The President  R. VAN ELSLANDE     ANNEXE Liste concernant la classification des substances dangereuses (solvants)  ANLAGE Liste für die Einteilung der gefährlichen Stoffe (Lösemittel)  ALLEGATO Elenco relativo alla classificazione delle sostanze pericolose (solventi)  BIJLAGE Lijst betreffende de classificatie van de gevaarlijke stoffen (oplosmiddelen)  ANNEX Classification of dangerous substances (solvents)  BILAG Liste vedrørende klassificering af farlige stoffer (opløsningsmidler)    CLASSE I/a  KLASSE I/a  >PIC FILE= "T9000499">    >PIC FILE= "T9000500">     CLASSE I/b  KLASSE I/b  >PIC FILE= "T9000501">    >PIC FILE= "T9000502">    CLASSE I/c  KLASSE I/c  >PIC FILE= "T9000503">    >PIC FILE= "T9000504">    CLASSE II/a  KLASSE II/a  >PIC FILE= "T9000505">    >PIC FILE= "T9000506">    CLASSE II/b  KLASSE II/b  >PIC FILE= "T9000507">     >PIC FILE= "T9000508">    >PIC FILE= "T9000509">    CLASSE II/c  KLASSE II/c  >PIC FILE= "T9000510">     >PIC FILE= "T9000511">    >PIC FILE= "T9000512">      CLASSE II/d  KLASSE II/d  >PIC FILE= "T9000513">    >PIC FILE= "T9000514">    >PIC FILE= "T9000515">


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31975L0130

Council Directive 75/130/EEC of 17 February 1975 on the establishment of common rules for certain types of combined road/rail carriage of goods between Member States

Official Journal L 048 , 22/02/1975 P. 0031 - 0032 Greek special edition: Chapter 07 Volume 1 P. 0244  Spanish special edition: Chapter 07 Volume 2 P. 0030  Portuguese special edition Chapter 07 Volume 2 P. 0030

++++ ( 1 ) OJ N C 138 , 31 . 12 . 1972 , P . 25 .   ( 2 ) OJ N C 131 , 13 . 12 . 1972 , P . 21 .   ( 3 ) OJ N 52 , 16 . 8 . 1960 , P . 1121/60 .  COUNCIL DIRECTIVE  OF 17 FEBRUARY 1975  ON THE ESTABLISHMENT OF COMMON RULES FOR CERTAIN TYPES OF COMBINED ROAD / RAIL CARRIAGE OF GOODS BETWEEN MEMBER STATES   ( 75/130/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 75 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ;  WHEREAS THE INTRODUCTION OF A COMMON TRANSPORT POLICY INCLUDES , INTER ALIA , THE DRAWING UP OF COMMON RULES APPLICABLE TO THE CARRIAGE OF GOODS BY ROAD FROM OR TO THE TERRITORY OF A MEMBER STATE OR ACROSS THE TERRITORY OF ONE OR MORE MEMBER STATES ; WHEREAS THESE RULES MUST BE DRAWN UP IN SUCH A WAY AS TO MAKE POSSIBLE THE PROGRESSIVE DEVELOPMENT OF TRANSPORT METHODS BASED ON THE COMPLEMENTARY FUNCTIONS OF VARIOUS TYPES OF TRANSPORT AND ON THE SPECIFIC MEANS AND REQUIREMENTS OF TRANSPORT OPERATORS AND USERS ;  WHEREAS THE USE OF THE ROAD / RAIL METHOD FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD IS ECONOMICALLY ADVANTAGEOUS OVER LONG DISTANCES ; WHEREAS IT REDUCES ROAD TRAFFIC AND THUS ENHANCES ROAD SAFETY ; WHEREAS AT THE SAME TIME IT CONTRIBUTES TO THE PROTECTION OF THE ENVIRONMENT ; WHEREAS ITS DEVELOPMENT IS ENCOURAGED BY FREEDOM FROM ALL QUANTITATIVE RESTRICTIONS AND BY THE ELIMINATION OF VARIOUS EXISTING ADMINISTRATIVE RESTRAINTS ; WHEREAS CONTROL MEASURES MUST BE PROVIDED TO ENSURE THAT THE REGULATIONS ARE COMPLIED WITH ;  WHEREAS SUCH A SYSTEM SHOULD BE INTRODUCED FOR A PERIOD OF TIME LONG ENOUGH FOR THE SYSTEM ULTIMATELY APPLIED TO BE DETERMINED IN THE LIGHT OF EXPERIENCE ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . FOR THE PURPOSES OF THIS DIRECTIVE :   _ " COMBINED ROAD / RAIL CARRIAGE " MEANS ROAD TRANSPORT OF GOODS BETWEEN MEMBER STATES WHERE THE TRACTOR UNIT , LORRY , TRAILER , SEMI-TRAILER OR THEIR SWOP BODIES ARE TRANSPORTED BY RAIL BETWEEN THE NEAREST SUITABLE RAIL LOADING STATION TO THE POINT OF LOADING AND THE NEAREST SUITABLE RAIL UNLOADING STATION TO THE POINT OF UNLOADING ;   _ " SWOP BODY " MEANS THE PART OF A VEHICLE WHICH IS INTENDED TO BEAR THE LOAD , HAS SUPPORTS AND , BY MEANS OF A DEVICE WHICH IS PART OF THE VEHICLE , MAY BE DETACHED FROM THE VEHICLE AND RE-INCORPORATED THEREIN .  2 . TRANSPORT USING THE RAILWAY PRINCIPALLY TO OVERCOME A NATURAL OBSTACLE SHALL NOT BE CONSIDERED AS COMBINED ROAD / RAIL CARRIAGE FOR THE PURPOSES OF THIS DIRECTIVE .  ARTICLE 2  EACH OF THE MEMBER STATES SHALL , BY 1 OCTOBER 1975 , LIBERALIZE THE COMBINED ROAD / RAIL CARRIAGE REFERRED TO IN ARTICLE 1 FROM ALL QUOTA SYSTEMS AND SYSTEMS OF AUTHORIZATION .  ARTICLE 3  IN THE CASE OF COMBINED CARRIAGE FOR HIRE OR REWARD , A TRANSPORT DOCUMENT WHICH FULFILS AT LEAST THE REQUIREMENTS LAID DOWN IN ARTICLE 6 OF COUNCIL REGULATION N 11 ( 3 ) OF 27 JUNE 1960 CONCERNING THE ABOLITION OF DISCRIMINATION IN TRANSPORT RATES AND CONDITIONS , IN IMPLEMENTATION OF ARTICLE 79 ( 3 ) OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , SHALL ALSO SPECIFY THE RAIL LOADING AND UNLOADING STATIONS . THESE DETAILS SHALL BE RECORDED BEFORE THE TRANSPORT OPERATION IS CARRIED OUT AND SHALL BE CONFIRMED BY MEANS OF A STAMP AFFIXED BY THE RAIL AUTHORITIES IN THE STATIONS CONCERNED WHEN THAT PART OF THE JOURNEY CARRIED OUT BY RAIL HAS BEEN COMPLETED .  ARTICLE 4  1 . WHEN A FRONTIER IS CROSSED ON THE ROAD JOURNEY BEFORE THE RAIL JOURNEY , MEMBER STATES MAY REQUIRE THE OPERATOR TO PROVE THAT THE RAIL AUTHORITIES OR A BODY AUTHORIZED BY THEM HAVE MADE A RESERVATION FOR THE TRANSPORT BY RAIL OF THE TRACTOR UNIT , LORRY , TRAILER , SEMI-TRAILER , OR THE SWOP BODIES THEREOF .  2 . MEMBER STATES MAY AUTHORIZE THE INSPECTION AUTHORITIES TO REQUIRE THE RAIL CARRIAGE DOCUMENT TO BE PRODUCED ON COMPLETION OF THE RAIL PART OF THE COMBINED ROAD / RAIL JOURNEY .  ARTICLE 5  MEMBER STATES SHALL INFORM THE COMMISSION BY 30 JUNE 1975 OF THE MEASURES TAKEN TO IMPLEMENT THIS DIRECTIVE .  ARTICLE 6  THIS DIRECTIVE SHALL NOT AFFECT THE CONDITIONS IN FORCE IN EACH MEMBER STATE GOVERNING ADMISSION TO THE OCCUPATION OF ROAD TRANSPORT OPERATOR AND ACCESS TO THE TRANSPORT MARKET .  ARTICLE 7  THE COMMISSION WILL REPORT TO THE COUNCIL BY 31 DECEMBER 1977 ON THE IMPLEMENTATION OF THIS DIRECTIVE AND WILL SUBMIT PROPOSALS IN THIS CONNECTION .  THIS DIRECTIVE SHALL BE VALID UNTIL 31 DECEMBER 1978 . THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , WILL DECIDE BEFORE THAT DATE ON THE ARRANGEMENTS TO BE APPLIED .  ARTICLE 8  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 17 FEBRUARY 1975 .  FOR THE COUNCIL  THE PRESIDENT  R . RYAN