Avis juridique important

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31999L0063

Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) - Annex: European Agreement on the organisation of working time of seafarers

Official Journal L 167 , 02/07/1999 P. 0033 - 0037

COUNCIL DIRECTIVE 1999/63/ECof 21 June 1999concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and, in particular Article 139(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) following the entry into force of the Treaty of Amsterdam, the provisions of the Agreement on social policy annexed to the Protocol 14 on social policy, annexed to the Treaty establishing the European Community, as amended by the Treaty of Maastricht, have been incorporated into Articles 136 to 139 of the Treaty establishing the European Community;(2) management and labour ("the social partners"), may in accordance with Article 139(2) of the Treaty, request jointly that agreements at Community level be implemented by a Council decision on a proposal from the Commission;(3) the Council adopted Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time(1); whereas sea transport was one of the sectors of activity excluded from the scope of that Directive;(4) account should be taken of the relevant Conventions of the International Labour Organisation with regard to the organisation of working time, including in particular those relating to the hours of work of seafarers;(5) the Commission, in accordance with Article 3(2) of the Agreement on social policy, has consulted management and labour on the possible direction of Community action with regard to the sectors and activities excluded from Directive 93/104/EC;(6) after that consultation the Commission considered that Community action was desirable in that area, and once again consulted management and labour at Community level on the substance of the envisaged proposal in accordance with Article 3(3) of the said Agreement;(7) the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) informed the Commission of their desire to enter into negotiations in accordance with Article 4 of the Agreement on social policy;(8) the said organisations concluded, on 30 September 1998, an Agreement on the working time of seafarers; this Agreement contains a joint request to the Commission to implement the Agreement by a Council decision on a proposal from the Commission, in accordance with Article 4(2) of the Agreement on social policy;(9) the Council, in its resolution of 6 December 1994 on certain aspects for a European Union social policy: a contribution to economic and social convergence in the Union(2) asked management and labour to make use of the opportunities for concluding agreements, since they are close to social reality and to social problems;(10) the Agreement applies to seafarers on board every seagoing ship, whether publicly or privately owned, which is registered in the territory of any Member State and is ordinarily engaged in commercial maritime operations;(11) the proper instrument for implementing the Agreement is a Directive within the meaning of Article 249 of the Treaty; it therefore binds the Member States as to the result to be achieved, whilst leaving national authorities the choice of form and methods;(12) in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community; this Directive does not go beyond what is necessary for the attainment of those objectives;(13) with regard to terms used in the Agreement which are not specifically defined therein, this Directive leaves Member States free to define those terms in accordance with national law and practice, as is the case for other social policy Directives using similar terms, providing that those definitions respect the content of the Agreement;(14) the Commission has drafted its proposal for a Directive, in accordance with its communication of 20 May 1998 on adapting and promoting the social dialogue at Community level, taking into account the representative status of the signatory parties and the legality of each clause of the Agreement;(15) the Commission informed the European Parliament and the Economic and Social Committee, in accordance with its communication of 14 December 1993 concerning the application of the Agreement on social policy, by sending them the text of its proposal for a Directive containing the Agreement;(16) the implementation of the Agreement contributes to achieving the objectives under Article 136 of the Treaty,HAS ADOPTED THIS DIRECTIVE:Article 1The purpose of this Directive is to put into effect the Agreement on the organisation of working time of seafarers concluded on 30 September 1998 between the organisations representing management and labour in the maritime sector (ECSA and FST) as set out in the Annex hereto.Article 2Minimum requirements1. Member States may maintain or introduce more favourable provisions than those laid down in this Directive.2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive. This shall be without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are adhered to.Article 3Transposition1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2002, or shall ensure that, by that date at the latest, management and labour have introduced the necessary measures by agreement, the Member States being required to take any necessary measure to enable them at any time to be in a position to guarantee the results imposed by this Directive. They shall forthwith inform the Commission thereof.2. When Member States adopt the provisions referred to in the first paragraph, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by the Member States.Article 4AddresseesThis Directive is addressed to the Member States.Done at Luxembourg, 21 June 1999.For the CouncilThe PresidentL. SCHOMERUS(1) OJ L 307, 13.12.1993, p. 18.(2) OJ C 368, 23.12.1994, p. 6.ANNEXEUROPEAN AGREEMENTon the organisation of working time of seafarersHaving regard to the Agreement on social policy annexed to the Protocol on social policy attached to the Treaty establishing the European Community and in particular Articles 3(4) and 4(2) thereof;Whereas Article 4(2) of the Agreement on social policy provides that agreements concluded at European level may be implemented at the joint request of the signatory parties by a Council Decision on a proposal from the Commission;Whereas the signatory parties hereby make such a request,THE SIGNATORY PARTIES HAVE AGREED THE FOLLOWING:Clause 11. The Agreement applies to seafarers on board every seagoing ship, whether publicly or privately owned, which is registered in the territory of any Member State and is ordinarily engaged in commercial maritime operations. For the purpose of this Agreement a ship that is on the register of two States is deemed to be registered in the territory of the State whose flag it flies.2. In the event of doubt as to whether or not any ships are to be regarded as seagoing ships or engaged in commercial maritime operations for the purpose of the Agreement, the question shall be determined by the competent authority of the Member State. The organisations of shipowners and seafarers concerned should be consulted.Clause 2For the purpose of the Agreement:(a) the term "hours of work" means time during which a seafarer is required to do work on account of the ship;(b) the term "hours of rest" means time outside hours of work; this term does not include short breaks;(c) the term "seafarer" means any person who is employed or engaged in any capacity on board a seagoing ship to which the Agreement applies;(d) the term "shipowner" means the owner of the ship or any other organisation or person, such as the manager or bareboat charterer, who has assumed the responsibility for the operation of the ship from the shipowner and who on assuming such responsibility has agreed to take over all the attendant duties and responsibilities.Clause 3Within the limits set out in Clause 5, there shall be fixed either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number or hours of rest which shall be provided in a given period of time.Clause 4Without prejudice to Clause 5, the normal working hours' standard of seafarer is, in principle, based on an eight-hour day with one day of rest per week and rest on public holidays. Member States may have procedures to authorise or register a collective agreement which determines seafarers' normal working hours on a basis on less favourable than this standard.Clause 51. The limits on hours of work or rest shall be either:(a) maximum hours of work which shall not exceed(i) fourteen hours in any 24 hour period; and(ii) 72 hours in any seven-day period;or(b) minimum hours of rest which shall not be less than:(i) ten hours in any 24 hour period; and(ii) 72 hours in any seven-day period.2. Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length and the interval between consecutive periods of rest shall not exceed 14 hours.3. Musters, fire-fighting and lifeboat drills, and prescribed by national laws and regulations and by international instruments shall be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue.4. In respect of situations when a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.5. With regard to paragraphs 3 and 4, where no collective agreement or arbitration award exists or if the competent authority determines that the provisions in the agreement or award are inadequate, it would be for the competent authority to determine such provisions to ensure that the seafarers concerned have sufficient rest.6. With due regard for the general principles of the protection of the health and safety of workers, Member States may have national laws, regulations or a procedure for the competent authority to authorise or register collective agreements permitting exceptions to the limits set out in paragraphs 1 and 2. Such exceptions shall, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods, or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ship on short voyages.7. A table shall be posted, in an easily accessible place, with the shipboard working arrangements, which shall contain for every position at least:(a) the schedule of service at sea and service in port; and(b) the maximum hours of work or the minimum hours of rest required by the laws, regulations or collective agreements in force in the Member States.8. The table referred to in paragraph 7 shall be established in a standardised format in the working language or languages of the ship and in English.Clause 6No seafarer under 18 years of age shall work at night. For the purpose of this Clause, "night" means a period of at least nine consecutive hours, including the interval from midnight to five a.m. This provision need not be applied when the effective training of young seafarers between the ages of 16 and 18 in accordance with established programmes and schedules would be impaired.Clause 71. The master of a ship shall have the right to require a seafarer to perform any hours of work necessary for the immediate dafety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea.2. In accordance with paragraph 1, the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored.3. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarer who have performed work in a scheduled rest period are provided with an adequate period of rest.Clause 81. Records of seafarers' daily hours of work or of their daily hours of rest shall be maintained to allow monitoring of compliance with the provisions set out in Clause 5. The seafarer shall receive a copy of the records pertaining to him or her which shall be endorsed by the master, or a person authorised by the master, and by the seafarer.2. Procedures shall be determined for keeping such records on board, including the intervals at which the information shall be recorded. The format of the records of the seafarers' hours of work or of their hours of rest shall be established taking into account any available international guidelines. The format shall be established in the language provided by Clause 5, paragraph 8.3. A copy of the relevant provisions of the national legislation pertaining to this Agreement and the relevant collective agreements shall be kept on board and be easily accessible to the crew.Clause 9The records referred to in Clause 8 shall be examined and endorsed at appropriate intervals, to monitor compliance with the provisions governing hours of work or hours of rest that give effect to this Agreement.Clause 101. When determining, approving or revising manning levels, it is necessary to take into account the need to avoid or minimise, as fas as practicable, excessive hours of work, to ensure sufficient rest and to limit fatigue.2. If the records or other evidence indicate infringement of provisions governing hours of work or hours of rest, measures, including if necessary the revision of the manning of the ship, shall be taken so as to avoid future infringements.3. All ships to which this Agreement applies shall be sufficiently, safely and efficiently manned, in accordance with the minimum safe manning document or an equivalent issued by the competent authority.Clause 11No person under 16 years of age shall work on a ship.Clause 12The shipowner shall provide the master with the necessary resources for the purpose of compliance with obligations under this Agreement, including those relating to the appropriate manning of the ship. The master shall take all necessary steps to ensure that the requirements on seafarers' hours of work and rest arising from this Agreement are complied with.Clause 131. All seafarers shall possess a certificate attesting to their fitness for the work or which they are to be employed at sea.The nature of the health assessment to be made and the particulars to be included in the medical certifcate shall be established after consultation with the shipowners and seafarers organisations concerned.All seafarers shall have regular health assessments. Watchkeepers suffering from health problems certified by a medical practitioner as being due to the fact that they perform night work shall be transferred, wherever possible, to day work to which they are suited.2. The health assessment referred to in paragraph 1 shall be free and comply with medical confidentiality. Such health assessments may be conducted within the national health system.Clause 14Shipowners shall provide information on watchkeepers and other night workers to the national competent authority if they so request.Clause 15Seafarers shall have safety and health protection appropriate to the nature of their work. Equivalent protection and prevention services or facilities with regard to the safety and health of seafarers working by day or by night shall be available.Clause 16Every seafarer shall be entitled to paid annual leave of at least four weeks, or a proportion thereof for periods of employment of less than one year, in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and or/practice.The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.Brussels, 30 Septembre 1998.Federation of Transport Workers' Unions in the European Union (FST)European Community Shipowners' Association (ECSA)


title: Commission Directive 2011/9/EU of 1 February 2011 amending Council Directive 91/414/EEC to include dodine as active substance and amending Decision 2008/934/EC  Text with EEA relevance

text:
               2.2.2011

               EN

               Official Journal of the European Union

               L 28/36

         COMMISSION DIRECTIVE 2011/9/EU
   of 1 February 2011
   amending Council Directive 91/414/EEC to include dodine as active substance and amending Decision 2008/934/EC
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               The application was submitted to Portugal, which had been designated rapporteur Member State by Regulation (EC) No 451/2000. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

               (5)

               Portugal evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 14 August 2009. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on dodine to the Commission on 28 May 2010 (6). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 23 November 2010 in the format of the Commission review report for dodine.

               (6)

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

               (7)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the applicant submit further information to confirm the long-term risk assessment for birds and mammals and the risk assessment in natural surface water systems where major metabolites have potentially formed.

               (8)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

               (9)

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

               (10)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (7) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I.

               (11)

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

               (12)

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

               (13)

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

               (14)

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

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

               (a)

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

               (b)

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

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

      Done at Brussels, 1 February 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 55, 29.2.2000, p. 25.

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

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

      (5)  OJ L 15, 18.1.2008, p. 5.

      (6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance dodine. EFSA Journal 2010; 8(6):1631. [54 pp.]. doi:10.2903/j.efsa.2010.1631. Available online: www.efsa.europa.eu

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

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

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘326

                     Dodine
                     CAS No: 2439-10-3

                     CIPAC No: 101

                     1-dodecylguanidinium acetate

                     ≥ 950 g/kg

                     1 June 2011

                     31 May 2021

                     PART A
                     Only uses as fungicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on dodine, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 November 2010 shall be taken into account.
                     In this overall assessment Member States shall pay particular attention to:

                                 (a)

                                 the potential long-term risk to birds and mammals;

                                 (b)

                                 the risk to aquatic organisms and ensure that conditions of use impose adequate risk mitigation measures;

                                 (c)

                                 the risk to non-target plants in the off-field area and ensure that conditions of use impose adequate risk mitigation measures;

                                 (d)

                                 the monitoring of residue levels in pome fruit.

                           The Member States concerned shall request the submission of confirmatory information as regards:

                                 (a)

                                 long-term risk assessment for birds and mammals;

                                 (b)

                                 risk assessment in natural surface water systems where major metabolites have potentially formed.

                           The Member States concerned shall ensure that the applicant submits such confirmatory information to the Commission by 31 May 2013.’

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


Avis juridique important

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31993L0115

Council Directive 93/115/EEC of 16 December 1993 amending Directive 90/684/EEC on aid to shipbuilding

Official Journal L 326 , 28/12/1993 P. 0062 - 0062

COUNCIL DIRECTIVE 93/115/EC of 16 December 1993 amending Directive 90/684/EEC on aid to shipbuildingTHE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Articles 92 (3) (d) and 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 Council Directive 90/684/EEC of 21 December 1990 on aid to shipbuilding (4) will expire on 31 December 1993;  Whereas the aid policy established in that Directive has generally achieved its objectives;  Whereas, however, in spite of the improvements forecast due to the expected increase in the demand for shipbuilding it is too early to speak of full normalization on the world shipbuilding market;  Whereas the Community's existing policy needs to be maintained in order to promote the long-term survival of an efficient and competitive European shipbuilding industry;  Whereas the Community is still pursuing its efforts within the Organization for Economic Cooperation and Development (OECD) framework to reach a multilateral agreement between the world's most important shipbuilding nations on a rapid phasing-out of all  direct and indirect public support measures in the shipbuilding, ship conversion and ship repair sector as well as other obstacles to re-establishing normal competitive conditions in the sector;  Whereas this agreement must ensure fair competition at an international level among shipyards through a balanced and equitable elimination of all existing impediments or obstacles to normal competitive conditions; whereas it must provide an effective  instrument for counteracting injurious pricing practices inconsistent with the agreement;  Whereas this Directive and Directive 90/684/EEC are without prejudice to any amendments that may be necessary in order to comply with international obligations entered into by the Community,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Article 13 of Directive 90/684/EEC shall be amended to read as follows:  'This Directive shall apply from 1 January 1991 to 31 December 1994.'  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive.  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.    Article 3  This Directive shall enter into force on 1 January 1994.   Article 4  This Directive is addressed to the Member States.  Done at Brussels, 16 December 1993.  For the Council The President R. URBAIN  (1) OJ No C 126, 7. 5. 1993, p. 24.  (2) Opinion delivered on 16 November 1993 (not yet published in the Official Journal).  (3) OJ No C 249, 13. 9. 1993, p. 10.  (4) OJ No L 380, 31. 12. 1990, p. 27. Directive as last amended by Directive 92/68/EEC (OJ No L 219, 4. 8. 1993, p. 54).


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32002L0018

Commission Directive 2002/18/EC of 22 February 2002 amending Annex I to Council Directive 91/414/EEC concerning the placing of plant-protection products on the market to include isoproturon as an active substance

Official Journal L 055 , 26/02/2002 P. 0029 - 0032

Commission Directive 2002/18/ECof 22 February 2002amending Annex I to Council Directive 91/414/EEC concerning the placing of plant-protection products on the market to include isoproturon as an active substanceTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant-protection products on the market(1), as last amended by Commission Directive 2001/103/EC(2), and in particular Article 6(1) thereof,Whereas:(1) Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant-protection products on the market(3), as last amended by Regulation (EC) No 2266/2000(4), provides for the adoption of a list of active substances of plant-protection products to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list is contained in Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant-protection products and designating the rapporteur Member State for the implementation of Commission Regulation (EEC) No 3600/92(5), as last amended by Regulation (EC) No 2230/95(6), and includes isoproturon.(2) For isoproturon the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulation (EEC) No 3600/92 for a range of uses proposed by the notifiers. Under Regulation (EC) No 933/94, Germany was designated as rapporteur Member State. The rapporteur Member State submitted the relevant assessment reports and recommendations to the Commission on 30 July 1999 in accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92.(3) This assessment report has been reviewed by the Member States and the Commission within the Standing Committee on Plant Health. The review was finalised on 7 December 2001 in the format of the Commission review report for isoproturon.(4) The review did not reveal any open questions or concerns, which would have required a consultation of the Scientific Committee on Plants.(5) It has appeared from the various examinations made that plant-protection products containing the active substance concerned may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include the active substance concerned in Annex I to that Directive, in order to ensure that in all Member States the authorisations of plant-protection products containing the active substances concerned can be granted in accordance with the provisions of Directive 91/414/EEC.(6) A period should be specified following the inclusion of isoproturon in Annex I to Directive 91/414/EEC, during which Member States must grant, vary or withdraw, as appropriate, the authorisations of the plant-protection products containing this active substance. In particular, plant-protection products should not be authorised unless account is taken of the conditions associated with the inclusion of the active substance in Annex I and the uniform principles laid down in the Directive on the basis of a dossier satisfying the prescribed data requirements.(7) The Commission review report is required for the proper implementation by the Member States, of several sections of the uniform principles laid down in Directive 91/414/EEC. It is, therefore, appropriate to provide that the finalised review report, except for confidential information, is kept available or made available by the Member States for consultation by any interested parties. If the review report has to be updated to take account of technical and scientific developments, the conditions for the inclusion of the substance concerned in Annex I to Directive 91/414/EEC should also be amended in accordance with that Directive.(8) A reasonable period must be provided for before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion. Moreover, after inclusion, a reasonable period is necessary to permit Member States to implement the provisions of Directive 91/414/EEC on plant-protection products containing isoproturon. In particular, Member States must, within that period, review existing authorisations and, where appropriate, grant new authorisations in accordance with the provisions of Directive 91/414/EEC. A longer period should be provided for the submission and assessment of the complete dossier of each plant-protection product in accordance with the uniform principles laid down in Directive 91/414/EEC. For plant-protection products containing several active substances, the complete evaluation on the basis of the uniform principles can only be carried out when all the active substances concerned have been included in Annex I to Directive 91/414/EEC.(9) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.Article 2Member States shall keep available the review report for isoproturon, except for confidential information within the meaning of Article 14 of Directive 91/414/EEC, for consultation by any interested parties or shall make it available to them on specific request.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, by 30 June 2003 at the latest. They shall forthwith inform the Commission thereof.In particular they shall, in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant-protection products containing isoproturon as active substance by that date.When Member States adopt this provision, they shall contain a reference to this Directive or shall 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. With regard to evaluation and decision-making pursuant to the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III thereto, the deadline for amending or withdrawing authorisations for plant-protection products containing isoproturon as the only active substance shall be 1 January 2007.3. For plant-protection products containing isoproturon together with another active substance which is in Annex I to Directive 91/414/EEC, the period for amending or withdrawing authorisations shall expire four years after the entry into force of the Directive which amended Annex I to Directive 91/414/EEC so as to add the last of those substances to it.Article 4This Directive shall enter into force on 1 January 2003.Article 5This Directive is addressed to the Member States.Done at Brussels, 22 February 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 230, 19.8.1991, p. 1.(2) OJ L 313, 30.11.2001, p. 37.(3) OJ L 366, 15.12.1992, p. 10.(4) OJ L 259, 13.10.2000, p. 27.(5) OJ L 107, 28.4.1994, p. 8.(6) OJ L 225, 22.9.1995, p. 1.ANNEXThe following entries shall be added at the end of the table in Annex I to Directive 91/414/EC: ""(1) Further details on identity and specification of active substance are provided in the review report.


Avis juridique important

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31982L0470

Council Directive 82/470/EEC of 29 June 1982 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies (ISIC Group 718) and in storage and warehousing (ISIC Group 720)

Official Journal L 213 , 21/07/1982 P. 0001 - 0007 Spanish special edition: Chapter 06 Volume 2 P. 0139  Portuguese special edition Chapter 06 Volume 2 P. 0139

COUNCIL DIRECTIVE of 29 June 1982 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies (ISIC Group 718) and in storage and warehousing (ISIC Group 720) (82/470/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57 and 66 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, pursuant to the Treaty, all discriminatory treatment based on nationality with regard to establishment and provision of services is prohibited as from the end of the transitional period ; whereas the principle of such treatment based on nationality applies in particular to the right to join professional organizations where the professional activities of the person concerned necessarily involve the exercise of this right;  Whereas, moreover, Article 57 of the Treaty provides that, in order to make it easier for persons to take up and pursue activities as self-employed persons, directives are to be issued for the mutual recognition of diplomas, certificates and other evidence of formal qualifications and for the coordination of the provisions laid down by law, regulation or administrative action in Member States;  Whereas, in the absence of mutual recognition of diplomas and of immediate coordination, it nevertheless appears desirable to facilitate the attainment of freedom of establishment and freedom to provide services in respect of the activities falling within ISIC Groups 718 and 720 by the adoption of measures intended primarily to avoid causing exceptional difficulties for nationals of Member States in which the taking up of such activities is not subject to any conditions;  Whereas, in order to prevent such difficulties arising, the main object of the measures should be to allow, as sufficient qualification for taking up the activities in question, excluding transport activities proper, in host Member States which have rules governing the taking up of such activities, the fact that the activities have been pursued in the country of provenance for a reasonable period of time, such period being, in cases where no previous training is required, sufficiently recent to ensure that the person concerned possesses professional knowledge equivalent to that required of the host country's own nationals;  (1) OJ No 73, 23.4.1966, p. 1099/66. (2) OJ No 201, 5.11.1966, p. 3475/66. (3) OJ No 17, 28.1.1967, p. 284/67.   Whereas the activity in question must have been pursued and any vocational training received in the same branch of trade as that in which the beneficiary wishes to establish himself in the host Member State, where the latter country imposes this requirement on its own nationals;  Whereas, in accordance with the general principles of the Treaty as to equality of treatment and with the judgments of the Court of Justice on this matter, the freedom to provide services in each Member State is exercised on the same terms as such State imposes in its laws and regulations on its own nationals engaged in the same activity ; whereas it is incumbent on Member States, when they adopt the measures necessary to comply with this Directive, to ensure equivalence of conditions for their own nationals and nationals of other Member States as regards their freedom to engage in the activities concerned, with particular reference to operating conditions and financial guarantees required;  Whereas, in so far as in Member States the taking up or pursuit of the activities referred in this Directive is also dependent in the case of employed persons on the possession of general, commercial or professional knowledge and ability, this Directive should also apply to this category of persons in order to remove an obstacle to the free movement of workers and thereby to supplement the measures adopted in Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1);  Whereas, for the same reason, the provisions relating to proof of good repute and proof of no previous bankruptcy should also apply to employed persons,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Member States shall adopt the measures set out in this Directive in respect of establishment or provision of services in their territories by natural persons and companies or firms covered by Title I of the General Programmes (2) (hereinafter called "beneficiaries") in the sector of activities coming within Article 2.  2. This Directive shall also apply to nationals of Member States who, as provided in Regulation (EEC) No 1612/68, wish to pursue as employed persons activities coming within Article 2 of this Directive.   Article 2 This Directive shall apply to the activities appearing in Annex I of the General Programme for the abolition of restrictions on freedom of establishment, ISIC Groups 718 and 720.  These activities shall comprise in particular:    A.       (a) acting as an intermediary between contractors for various methods of transport and persons who dispatch or receive goods and who carry out various related activities:  (aa) by concluding contracts with transport contractors, on behalf of principals;           (bb) by choosing the method of transport, the firm and the route considered most profitable for the principal;           (cc) by arranging the technical aspects of the transport operation (e.g. packing required for transportation) ; by carrying out various operations incidental to transport (e.g. ensuring ice supplies for refrigerated wagons);           (dd) by completing the formalities connected with the transport such as the drafting of way bills ; by assembling and dispersing shipments;           (ee) by coordinating the various stages of transportation, by ensuring transit, reshipment, transhipment and other terminal operations;           (ff) by arranging both freight and carriers and means of transport for persons dispatching goods or receiving them;              (b) assessing transport costs, and checking the detailed accounts;   (c) hiring railway cars or wagons for transporting persons or goods;  (1) OJ No L 257, 19.10.1968, p. 2. (2) OJ No 2, 15.1.1962, pp. 32/62 and 36/62.    (d) taking certain temporary or permanent measures in the name of and on behalf of a shipowner or sea transport carrier (with the port authorities, ship's chandlers, etc.);   (e) acting as an intermediary in the sale, purchase or hiring of ships;       B.       (a) organizing, offering for sale and selling, outright or on commission, single or collective items (transport, board, lodging, excursions, etc.) for a journey or stay, whatever the reason for travelling;           (b) arranging, negotiating and concluding contracts for the transport of emigrants;                  C.       (a) receiving all objects and goods deposited, on behalf of the depositor, whether under customs control or not, in warehouse, general stores, furniture depots, coldstores, silos, etc.           (b) supplying the depositor with a receipt for the object or goods deposited;           (c) providing pens, feed and sales rings for livestock being temporarily accommodated while awaiting sale or while in transit to or from the market;                  D.       (a) carrying out inspection or technical valuation of motor vehicles;           (b) measuring, weighing and gauging goods.                     Article 3 In respect of the activities listed in Article 2, the usual titles current in Member States are given below for guidance:  Belgium    A. Commissionnaire de transport  Vervoercommissionair  Courtier de transport  Vervoermakelaar  Commissionnaire-expéditeur au transport  Commissionair-expediteur bij het vervoer  Commissionnaire affréteur  Commissionair-bevrachter  Commissionnaire-affréteur routier  Commissionair-wegbevrachter  Affréteur routier  Wegbevrachter  Affréteur fluvial  Binnenvaartbevrachter of rivierbevrachter  Affréteur maritime  Scheepsbevrachter  Agent maritime  Scheepsagent  Courtier de navires  Scheepsmakelaar       B. Agent de voyages  Reisagent  Agent d'émigration  Emigratieagent       C. Entrepositaire  Depothouder       D. Expert en automobiles  Deskundige inzake auto's  Peseur - mesureur - jaugeur juré  Beëdigde wegers, meters en ijkers         Germany    A. Spediteur  Abfertigungsspediteur  Güterkraftverkehrsvermittler  Schiffsmakler  Vermieter von Eisenbahnwagen und Eisenbahnwaggons       B. Reisebürounternehmer  Auswanderungsagent       C. Lagerhalter       D. Kraftfahrzeugsachverständiger  Wäger         Denmark    A. Speditør  Skibsagent       B. Rejsebureau       C. Opbevaring       D. Vejer og måler  Bilinspektør og bilassistent         France    A. Commissionnaire de transport  Courtier de fret routier  Dépositaire de colis  Courtier de fret de navigation intérieure  Agent maritime  Agent consignataire de navires       B. Agent de voyage       C. Entrepositaire  Exploitant de magasin général       D. Expert en automobiles  Peseur - mesureur juré          Greece >PIC FILE= "T0021853">   Ireland    A. Forwarding agent  Shipping and forwarding agent  Shipbroker  Freight agent  Shipping agent  Air freight agent  Road haulage broker       B. Travel agent  Tour operator  Air broker  Air travel organizer       C. Bonder  Warehouseman  Market or lairage operator       D. Motor vehicle examiner         Italy    A. Spedizioniere (commissionario)  Mediatore  Agente marittimo raccomandatario  Mediatore marittimo       B. Agente di viaggio e turismo  Mandatario di vettore di emigrante       C. Esercenti depositi in magazzini doganali di proprietà privata  Esercenti magazzini generali  Esercenti depositi franchi       D. Stimatore e pesatore pubblico         Luxembourg    A. Commissionnaire de transport  Commissionnaire expéditeur au transport       B. Agent de voyage  Agent d'émigration       C. Entrepositaire       D. Expert en automobiles  Peseur         Netherlands    A. Expediteur  Bevrachter  Scheepsmakelaar  Scheepsagent  Verhuren van spoorrijtuigen en spoorwagens       B. Reisbureaubedrijf  Reisagentschap  Emigratieagent       C. Douane-entrepot (publiek, particulier, fictief)  Gewone opslagplaatsen       D. Technische inspectie van motorrijtuigen  Meter, wagen en ijken         United Kingdom    A. Freight forwarder  Shipbroker  Air cargo agent  Shipping and forwarding agent       B. Tour operator  Travel agent  Air broker  Air travel organizer       C. Storekeeper  Livestock dealer  Market or lairage operator  Warehousekeeper  Wharfinger       D. Motor vehicle examiner  Master porter  Cargo superintendent          Article 4 1. Where a host Member State requires of its own nationals wishing to take up one of the activities coming within 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 of provenance showing that these requirements have been met.  2. Where a host Member State imposes on its own nationals wishing to take up one of the activities  referred to in Article 2 (B) certain requirements as to good repute, and evidence that such requirements are satisfied cannot be obtained from the document referred to in paragraph 1, that State shall accept as sufficient evidence, in respect of nationals of other Member States, a certificate issued by a competent judicial or administrative authority in the country of origin or in the country of provenance, indicating that the requirements in question have been met. Such certificate shall relate to the specific facts regarded as relevant by the host country.  3. Where the country of origin or the country whence the foreign national comes does not issue the document referred to in paragraph 1 or the certificate referred to in paragraph 2, furnishing proof of good repute or proof of no previous bankruptcy, such proof may be replaced by a declaration on oath - or, in States where there is no provision for declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority, or where appropriate a notary, in the country of origin or the country whence that person comes ; such authority or notary will issue a certificate attesting the authenticity of the declaration on oath or solemn declaration. The declaration in respect of no previous bankruptcy may also be made before a competent professional or trade body in the said country.  Notwithstanding the foregoing, the host Member State may also take into account specific information which it has acquired through its own means.  4. Where in the host Member State proof of financial standing is required, that State shall regard certificates issued by banks in other States as equivalent to certificates issued in its own territory.  5. Documents issued in accordance with paragraphs 1, 2, 3 and 4 shall not be produced more than three months after their date of issue.  6. Member States shall, within the time limit laid down in Article 8, designate the authorities and bodies competent to issue the documents referred to above and shall forthwith inform the other Member States and the Commission thereof.   Article 5 Member States in which the taking up or pursuit of any activity referred to in Article 2 is subject to possession of certain qualifications shall ensure that any beneficiary who applies therefor be provided, before he establishes himself or before he begins to pursue any activity on a temporary basis, with information as to the rules governing the activity which he proposes to pursue.   Article 6 1. Where, in a Member State, the taking up or pursuit of any activity coming within Article 2 (A) (a), (b) or (d) is dependent on the possession of general, commercial, or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for any of the following periods:    (a) five consecutive years in an independent capacity or in a managerial capacity ; or       (b) either:      - two consecutive years in an independent capacity or in a managerial capacity, where the beneficiary proves that for the activity in question he has received previous training lasting at least three years, attested by a certificate recognized by the State, or regarded by the competent professional or trade body as fully satisfying its requirements, or           - three consecutive years either in an independent capacity or in a managerial capacity, where the beneficiary proves that for the activity in question he has received previous training lasting at least two years, attested by a certificate recognized by the State, or regarded by the competent professional or trade body as fully satisfying its requirements ; or                  (c) two consecutive years in an independent capacity or in a managerial capacity, where the beneficiary proves that he has pursued the activity in question for at least three years in a non-independent capacity ; or       (d) three consecutive years in a non-independent capacity where the beneficiary proves that for the activity in question he has received at least two years of previous training, attested by a certificate recognized by the State or regarded by the competent professional or trade body as fully satisfying its requirements.         2. Where, in a Member State, the taking up or pursuit of any activity coming within Article 2, point A (c) or (e), point B (b), point C or D is dependent on the possession of general, commercial, or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for any of the following periods:    (a) three consecutive years in an independent capacity or in a managerial capacity ; or       (b) two consecutive years either in an independent capacity or in a managerial capacity, where the  beneficiary proves that for the activity in question he has received previous training, attested by a certificate recognized by the State, or regarded by the competent professional or trade body as fully satisfying its requirements ; or       (c) two consecutive years in an independent capacity or in a managerial capacity, where the beneficiary proves that he has pursued the activity in question for at least three years in a non-independent capacity ; or       (d) three consecutive years in a non-independent capacity where the beneficiary proves that for the activity in question he has received previous training, attested by a certificate recognized by the State or regarded by the competent professional or trade body as fully satisfying its requirements.         3. Where, in a Member State, the taking up or pursuit of the activities coming within Article 2 (B) (a) is dependent on the possession of general, commercial, or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for any of the following periods:    (a) six consecutive years in an independent capacity or in a managerial capacity ; or       (b) either:      - three consecutive years either in an independent capacity or in a managerial capacity, where the beneficiary proves that for the activity in question he has received previous training lasting at least three years, attested by a certificate recognized by the State, or regarded by the competent professional or trade body as fully satisfying its requirements, or           - four consecutive years either in an independent capacity or in a managerial capacity, where the beneficiary proves that for the activity in question he has received previous training lasting at least two years, attested by a certificate recognized by the State, or regarded by the competent professional or trade body as fully satisfying its requirements ; or                  (c) three consecutive years in an independent capacity or in a managerial capacity, where the beneficiary proves that he has pursued the activity in question for at least five years in a non-independent capacity ; or       (d) either:      - five consecutive years in a non-independent capacity where the beneficiary proves that for the activity in question he has received previous training lasting at least three years, attested by a certificate recognized by the State or regarded by the competent professional or trade body as fully satisfying its requirements, or           - six consecutive years in a non-independent capacity where the beneficiary proves that for the activity in question he has received previous training lasting at least two years, attested by a certificate recognized by the State or regarded by the competent professional or trade body as fully satisfying its requirements.                    4. The host Member State may require of nationals of other Member States, in so far as it so requires of its own nationals, that the activity in question should have been pursued and vocational training received in the same branch of trade as that in which the beneficiary wishes to establish himself in the host Member State.  5. In the cases referred to in paragraphs 1 (a) and (c), 2 (a) and (c) and 3 (a) und (c), pursuit of the activity shall not have ceased more than 10 years before the date on which the application provided for in Article 7 (3) is made. However, where a shorter period is laid down in a Member State for its own nationals, that period may also be applied in respect of beneficiaries.   Article 7 1. A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Articles 6 (1) and (2) if he has pursued such an activity in an undertaking in the occupational field in question:    (a) as manager of an undertaking or manager of a branch of an undertaking ; or       (b) as deputy to the proprietor or to the manager of an undertaking, where such post involves responsibility equivalent to that of the proprietor or manager represented ; or       (c) in a managerial post with duties of a commercial nature and with responsibility for at least one department of the undertaking.         2. A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Article 6 (3) if he has pursued such an activity in an undertaking in the occupational field in question:   (a)  as manager of an undertaking ; or   (b) as deputy to the proprietor or to the manager of an undertaking or manager of a branch of an undertaking, where such post involves responsibility equivalent to that of the proprietor or manager represented ; or   (c) in a managerial post with duties of a commercial nature and with responsibility for at least one department of the undertaking.  3. Proof that the conditions laid down in Article 6 are satisfied shall be established by a certificate issued by the competent authority or body in the Member State of origin or Member State whence the person concerned comes, which such person shall submit in support of his application for authorization to pursue the activity or activities in question in the host country.  4. Member States shall, within the time limit laid down in Article 8, designate the authorities and bodies competent to issue the certificates referred to in paragraph 3 and shall forthwith inform the other Member States and the Commission thereof.   Article 8 Member States shall adopt the measures necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.   Article 9 Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.   Article 10This Directive is addressed to the Member States.     Done at Brussels, 29 June 1982.  For the Council  The President  P. de KEERSMAEKER