Avis juridique important

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31978L1018

Council Directive 78/1018/EEC of 27 November 1978 on the harmonization of provisions laid down by law, regulation or administrative action in respect of standard exchange of goods exported for repair

Official Journal L 349 , 13/12/1978 P. 0033 - 0035 Greek special edition: Chapter 02 Volume 6 P. 0269  Spanish special edition: Chapter 02 Volume 5 P. 0135  Portuguese special edition Chapter 02 Volume 5 P. 0135

++++ ( 1 ) OJ N C 182 , 30 . 7 . 1977 , P . 4 .   ( 2 ) OJ N C 299 , 12 . 12 . 1977 , P . 41 .   ( 3 ) OJ N C 59 , 8 . 3 . 1978 , P . 48 .   ( 4 ) OJ N L 24 , 30 . 1 . 1976 , P . 58 .   ( 5 ) OJ N L 58 , 8 . 3 . 1969 , P . 1 .  COUNCIL DIRECTIVE  OF 27 NOVEMBER 1978  ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF STANDARD EXCHANGE OF GOODS EXPORTED FOR REPAIR   ( 78/1018/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS ON 18 DECEMBER 1975 THE COUNCIL ADOPTED DIRECTIVE 76/119/EEC ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF OUTWARD PROCESSING ( 4 ) ; WHEREAS THESE ARRANGEMENTS MAY BE APPLIED ONLY WHERE IT IS POSSIBLE FOR THE COMPETENT AUTHORITIES TO IDENTIFY THE EXPORTED GOODS AS HAVING BEEN INCORPORATED IN THE COMPENSATING PRODUCTS ;  WHEREAS IT IS ECONOMICALLY JUSTIFIABLE IN CERTAIN LIMITED CASES TO ALLOW STANDARD EXCHANGE ARRANGEMENTS , THAT IS TO SAY THE IMPORTATION WITH TOTAL OR PARTIAL RELIEF FROM IMPORT DUTIES OF REPLACEMENTS FOR GOODS EXPORTED FOR THE PURPOSE OF BEING REPAIRED , INCLUDING RESTORING THEM TO THEIR ORIGINAL CONDITION AND PUTTING THEM IN ORDER ; WHEREAS , HOWEVER , STANDARD EXCHANGE CANNOT BE ALLOWED UNLESS THE GOODS EXPORTED FALL WITHIN ONE OF THE SITUATIONS REFERRED TO IN ARTICLE 9 ( 2 ) OF THE TREATY ;  WHEREAS , BY THEIR VERY NATURE , AGRICULTURAL PRODUCTS OR GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS CAN HARDLY BE REPAIRED ; WHEREAS , FURTHERMORE , STANDARD EXCHANGE IS NOT COMPATIBLE WITH THE COMMON AGRICULTURAL POLICY OR WITH THE SPECIFIC ARRANGEMENTS APPLICABLE , PURSUANT TO ARTICLE 235 OF THE TREATY , TO GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ; WHEREAS THE PRODUCTS AND GOODS SUBJECT TO THAT POLICY OR TO THOSE ARRANGEMENTS SHOULD THEREFORE BE EXCLUDED FROM THE SCOPE OF STANDARD EXCHANGE ;  WHEREAS COMMON RULES MUST BE LAID DOWN IN THE MEMBER STATES IN RESPECT OF STANDARD EXCHANGE ; WHEREAS THESE ARRANGEMENTS RESEMBLE IN THEIR AIMS AND DETAILED PROVISIONS THOSE FOR OUTWARD PROCESSING ; WHEREAS THEY SHOULD IN THESE CIRCUMSTANCES BE SUBJECT TO THE SAME RULES AS THOSE PROVIDED FOR BY DIRECTIVE 76/119/EEC , EXCEPT WHERE THE PRESENT DIRECTIVE LAYS DOWN SPECIAL PROVISIONS ; WHEREAS THESE SPECIAL PROVISIONS CONCERN IN PARTICULAR THE SCOPE OF THE ARRANGEMENTS AND THE RIGHT TO IMPORT REPLACEMENTS ( EQUIVALENT COMPENSATION ) , INCLUDING THE RIGHT TO DO SO BEFORE THE GOODS TO BE REPAIRED ARE EXPORTED ; WHEREAS UNDER STANDARD EXCHANGE , IN ORDER TO FACILITATE CONTROL , THE TRIANGULAR SYSTEM MAY NOT BE USED UNLESS PROVISIONS ALLOWING ITS USE ARE ADOPTED IN ACCORDANCE WITH THE PROCEDURE SET OUT IN ARTICLE 28 ( 2 ) AND ( 3 ) OF DIRECTIVE 69/73/EEC ( 5 ) ;  WHEREAS IT IS IMPORTANT TO ENSURE THAT SUCH RULES ARE APPLIED IN A UNIFORM MANNER AND THEREFORE PROVISION SHOULD BE MADE FOR A COMMUNITY PROCEDURE WHEREBY THE APPROPRIATE IMPLEMENTING PROVISIONS MAY BE ADOPTED WITHIN A SUITABLE PERIOD OF TIME ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THIS DIRECTIVE DETERMINES THE RULES WHICH MUST BE INCORPORATED IN THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES IN RESPECT OF ARRANGEMENTS FOR STANDARD EXCHANGE OF GOODS EXPORTED FOR REPAIR , HEREINAFTER CALLED " STANDARD EXCHANGE ARRANGEMENTS " .  ARTICLE 2  1 . STANDARD EXCHANGE ARRANGEMENTS MEANS THE CUSTOMS ARRANGEMENTS WHEREBY REPLACEMENTS FOR GOODS OF WHATEVER KIND AND WHATEVER ORIGIN EXPORTED OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY FOR REPAIR , INCLUDING RESTORING THEM TO THEIR ORIGINAL CONDITION AND PUTTING THEM IN ORDER , MAY BE IMPORTED WHOLLY OR PARTLY FREE OF IMPORT DUTIES . SUCH GOODS ARE HEREINAFTER REFERRED TO AS " EXPORT GOODS " .  2 . STANDARD EXCHANGE ARRANGEMENTS SHALL BE SUBJECT TO RULES IDENTICAL TO THOSE PROVIDED FOR BY DIRECTIVE 76/119/EEC , WITH THE EXCEPTION OF SUCH SPECIAL PROVISIONS AS ARE PROVIDED FOR IN THE PRESENT DIRECTIVE .  3 . STANDARD EXCHANGE ARRANGEMENTS SHALL NOT APPLY TO GOODS WHICH HAVE ENTERED THE COMMUNITY UNDER INWARD PROCESSING ARRANGEMENTS , OR TO GOODS FALLING UNDER THE COMMON AGRICULTURAL POLICY OR THE SPECIFIC ARRANGEMENTS APPLICABLE , PURSUANT TO ARTICLE 235 OF THE TREATY , TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS .  ARTICLE 3  1 . WHERE CIRCUMSTANCES SO WARRANT , REPLACEMENTS MAY , UNDER CONDITIONS LAID DOWN BY THE COMPETENT AUTHORITIES , BE IMPORTED BEFORE THE EXPORT GOODS ARE EXPORTED . SUCH PRIOR IMPORTATION SHALL BE TREATED IN THE SAME WAY AS THE IMPORTATION REFERRED TO IN ARTICLE 2 ( 1 ) .  2 . THE PRIOR IMPORTATION OF A REPLACEMENT SHALL REQUIRE THE PROVISION OF A GUARANTEE COVERING THE AMOUNT OF THE IMPORT DUTIES . THE GUARANTEE SHALL BE DISCHARGED ON PAYMENT OF THE IMPORT DUTIES DUE PURSUANT TO ARTICLE 8 .  ARTICLE 4  1 . REPLACEMENTS MUST FALL WITHIN THE SAME TARIFF SUBHEADING , BE OF THE SAME COMMERCIAL QUALITY AND HAVE THE SAME TECHNICAL CHARACTERISTICS AS THE EXPORT GOODS IF THE LATTER HAD UNDERGONE THE REPAIR IN QUESTION .  2 . WHERE THE EXPORT GOODS HAVE BEEN USED BEFORE EXPORTATION , THE REPLACEMENTS MUST ALSO HAVE BEEN USED AND MAY NOT BE NEW PRODUCTS .  THE COMPETENT AUTHORITIES MAY , HOWEVER , WAIVE THIS RULE , IF THE REPLACEMENT HAS BEEN SUPPLIED FREE OF CHARGE EITHER BECAUSE OF A GUARANTEE IMPOSED BY CONTRACT OR BY STATUTE OR BECAUSE OF A MANUFACTURING DEFECT , ON CONDITION THAT THE IMPORTATION OF THE REPLACEMENT TAKES PLACE WITHIN 12 MONTHS OF THE DATE WHEN THE EXPORT GOODS WERE FIRST PUT INTO FREE CIRCULATION .  HOWEVER , THE COMPETENT AUTHORITIES MAY PERMIT THIS TIME LIMIT TO BE EXCEEDED IN DULY SUBSTANTIATED EXCEPTIONAL CASES .  ARTICLE 5  1 . THE COMPETENT AUTHORITIES OF THE EXPORTING MEMBER STATE SHALL , BY MEANS OF GENERAL OR SPECIAL AUTHORIZATIONS , ALLOW STANDARD EXCHANGE ARRANGEMENTS TO BE APPLIED UPON REQUEST BEFORE THE EXPORTATION OF THE GOODS OR THE PRIOR IMPORTATION OF THE REPLACEMENTS .  2 . THE COMPETENT AUTHORITIES MAY ALLOW STANDARD EXCHANGE ARRANGEMENTS TO BE APPLIED TO GOODS ALREADY EXPORTED UNDER AN OUTWARD PROCESSING AUTHORIZATION UPON REQUEST SUBMITTED NOT LATER THAN THE TIME OF IMPORTATION OF THE REPLACEMENT .  3 . THE COMPETENT AUTHORITIES SHALL DECIDE THAT STANDARD EXCHANGE ARRANGEMENTS MAY NOT BE APPLIED WHERE THEY WOULD GIVE RISE TO AN UNJUSTIFIED ADVANTAGE AS REGARDS EXEMPTION FROM IMPORT DUTIES .  ARTICLE 6  1 . THE PERIOD WITHIN WHICH THE IMPORTATION OF REPLACEMENTS MUST TAKE PLACE SHALL NOT EXCEED SIX MONTHS . HOWEVER , THIS PERIOD MAY BE EXTENDED BY THE COMPETENT AUTHORITIES ON SUBMISSION OF A DULY SUBSTANTIATED REQUEST BY THE HOLDER OF THE AUTHORIZATION , PROVIDED THAT THE TOTAL PERIOD DOES NOT EXCEED 12 MONTHS . THIS PERIOD SHALL BE CALCULATED FROM THE DATE OF ACCEPTANCE BY THE COMPETENT AUTHORITIES OF THE EXPORT DOCUMENT FOR THE EXPORT GOODS .  2 . IN THE CASE OF PRIOR IMPORTATION , THE PERIOD WITHIN WHICH THE EXPORT GOODS MUST BE EXPORTED SHALL NOT EXCEED TWO MONTHS . HOWEVER , THIS PERIOD MAY BE EXTENDED BY THE COMPETENT AUTHORITIES ON SUBMISSION OF A DULY SUBSTANTIATED REQUEST BY THE HOLDER OF THE AUTHORIZATION , PROVIDED THAT THE TOTAL PERIOD DOES NOT EXCEED FOUR MONTHS . THIS PERIOD SHALL BE CALCULATED FROM THE DATE OF ACCEPTANCE BY THE COMPETENT AUTHORITIES OF THE IMPORT DOCUMENT FOR THE REPLACEMENTS .  ARTICLE 7  1 . THE IMPORTATION OF THE REPLACEMENTS MAY BE CARRIED OUT ONLY BY THE HOLDER OF THE AUTHORIZATION OR ON HIS BEHALF .  2 . REPLACEMENTS MUST BE IMPORTED INTO THE MEMBER STATE FROM WHICH THE EXPORT GOODS HAVE BEEN OR ARE TO BE EXPORTED .  3 . THE COMPETENT AUTHORITIES MAY PRESCRIBE IN THE AUTHORIZATION THAT THE EXPORT AND IMPORT TRANSACTIONS MUST BE CARRIED OUT AT THE SAME CUSTOMS OFFICE .  4 . HOWEVER , PROVISIONS PERMITTING REPLACEMENTS TO BE IMPORTED INTO A MEMBER STATE OTHER THAN THAT OF EXPORT MAY BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 10 .  ARTICLE 8  1 . THE TOTAL OR PARTIAL RELIEF FROM IMPORT DUTIES REFERRED TO IN ARTICLE 2 SHALL BE GRANTED IN ACCORDANCE WITH THE RULES LAID DOWN BY ARTICLES 10 AND 11 OF DIRECTIVE 76/119/EEC , THE REPLACEMENTS BEING TREATED IN THE SAME WAY AS THE REIMPORTED PRODUCTS REFERRED TO IN THE SAID ARTICLES .  2 . HOWEVER , IN THE CASE OF PRIOR IMPORTATION OF THE REPLACEMENTS , THE AMOUNT OF THE IMPORT DUTIES WHICH WOULD BE APPLICABLE TO THE EXPORT GOODS IF THEY WERE IMPORTED INTO THE COMMUNITY FROM THE COUNTRY FROM WHICH THE REPLACEMENTS COME SHALL BE DETERMINED BY REFERENCE TO THE RATE OR THE AMOUNT APPLICABLE ON THE DATE OF ACCEPTANCE BY THE COMPETENT AUTHORITIES OF THE EXPORT DOCUMENT FOR THE GOODS IN QUESTION . THIS DATE SHALL ALSO BE TAKEN TO DETERMINE THE QUANTITY , TYPE AND VALUE OF THE SAID GOODS .  ARTICLE 9  THE COMMITTEE FOR CUSTOMS PROCESSING ARRANGEMENTS , SET UP BY ARTICLE 26 OF DIRECTIVE 69/73/EEC , MAY EXAMINE ANY MATTER RELATING TO THE APPLICATION OF THIS DIRECTIVE WHICH IS BROUGHT TO ITS ATTENTION BY ITS CHAIRMAN EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .  ARTICLE 10  THE PROVISIONS NECESSARY FOR THE IMPLEMENTATION OF THIS DIRECTIVE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 28 ( 2 ) AND ( 3 ) OF DIRECTIVE 69/73/EEC .  ARTICLE 11  MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NEEDED IN ORDER TO COMPLY WITH THIS DIRECTIVE WITHIN SIX MONTHS OF ITS NOTIFICATION .  MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE PROVISIONS WHICH THEY ADOPT IN ORDER TO IMPLEMENT THIS DIRECTIVE . THE COMMISSION SHALL INFORM THE OTHER MEMBER STATES THEREOF .  ARTICLE 12  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 27 NOVEMBER 1978 .  FOR THE COUNCIL  THE PRESIDENT  H . EHRENBERG


title: Council Directive 2013/1/EU of 20 December 2012 amending Directive 93/109/EC as regards certain detailed arrangements for the exercise of the right to stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals

text:
               26.1.2013

               EN

               Official Journal of the European Union

               L 26/27

         COUNCIL DIRECTIVE 2013/1/EU
   of 20 December 2012
   amending Directive 93/109/EC as regards certain detailed arrangements for the exercise of the right to stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 22(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Acting in accordance with a special legislative procedure,
   Whereas:

               (1)

               The right of every citizen of the Union to vote and to stand as a candidate in elections to the European Parliament in his Member State of residence is recognised under Article 20(2)(b) of the Treaty on the Functioning of the European Union and under Article 39(1) of the Charter of Fundamental Rights of the European Union. Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals (2) provides for arrangements for the exercise of that right.

               (2)

               The Commission reports of 12 December 2006 and of 27 October 2010 on the application of Directive 93/109/EC to the 2004 elections and the 2009 elections, respectively, revealed the need to amend certain provisions of Directive 93/109/EC.

               (3)

               Directive 93/109/EC provides that any citizen of the Union who has been deprived of his right to stand as a candidate under either the law of the Member State of residence or the law of his home Member State shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament. To that end, Directive 93/109/EC requires a citizen of the Union, when submitting his application to stand as a candidate in a Member State other than the home Member State, to produce an attestation from the competent administrative authorities of the home Member State certifying that the person concerned has not been deprived of the right to stand as a candidate in the home Member State or that no such disqualification is known to them.

               (4)

               The difficulties encountered by such citizens in identifying the authorities empowered to issue that attestation and in obtaining it in good time act as a barrier to the exercise of the right to stand as a candidate and contribute to the low number of citizens of the Union standing as candidates in elections to the European Parliament in their Member State of residence.

               (5)

               The requirement for those citizens to submit such an attestation should accordingly be abolished and replaced by a statement confirming that the person concerned has not been deprived of the right to stand in the elections to the European Parliament, to be included in the formal declaration that those citizens are required to produce as part of their application.

               (6)

               The Member State of residence should be required to notify the home Member State of such declarations, in order to verify whether the citizen of the Union has in fact been deprived of the right to stand in elections to the European Parliament in the home Member State. Upon receipt of that notification, the home Member State should provide the Member State of residence with relevant information within a time-limit allowing for the admissibility of the candidacy to be effectively assessed.

               (7)

               Failure by the home Member State to provide that information on time should not result in the deprivation of the right to stand as a candidate in the Member State of residence. In cases where the relevant information is provided at a later stage, the Member State of residence should ensure, by appropriate measures and in accordance with the procedures provided for by its national law, that citizens of the Union deprived of the right to stand in their home Member State who were registered on the roll or have already been elected, are prevented from being elected or from exercising their mandate.

               (8)

               Given that the admissibility procedure in a Member State necessarily entails additional administrative steps for a national of another Member State than for the nationals of that Member State, it should be possible for Member States to set a different deadline for the submission of applications to stand as a candidate by citizens of the Union who are not nationals than that set for national citizens. Any difference in the deadline should be limited to that which is necessary and proportionate in order to allow for the notification of the information from the home Member State to be taken into account in good time, with a view to rejecting an application before the nomination of the candidates. Establishing such a separate deadline should not affect the deadlines for obligations for other Member States to effect notifications pursuant to Directive 93/109/EC.

               (9)

               To facilitate communication between national authorities, Member States should designate one contact point to be responsible for the notification of information concerning such candidates.

               (10)

               To ensure a more efficient identification of candidates registered both on the list of their home Member State and that of the Member State of residence, the list of data to be required from citizens of the Union when submitting an application to stand as candidates in the Member State of residence should include their date and place of birth and the last address of residence in their home Member State.

               (11)

               In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

               (12)

               Directive 93/109/EC should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 93/109/EC is hereby amended as follows:

               (1)

               Article 6 is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   Any citizen of the Union who resides in a Member State of which he is not a national and who, through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies, has been deprived of his right to stand as a candidate under either the law of the Member State of residence or the law of his home Member State, shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament.’;

                           (b)

                           paragraph 2 is replaced by the following:
                           ‘2.   The Member State of residence shall check whether the citizens of the Union who have expressed a desire to exercise their right to stand as a candidate there have not been deprived of that right in the home Member State through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies.’;

                           (c)

                           the following paragraphs are added:
                           ‘3.   For the purposes of paragraph 2 of this Article, the Member State of residence shall notify the home Member State of the declaration referred to in Article 10(1). To that end, the relevant information that is available from the home Member State shall be provided in any appropriate manner within five working days from the reception of the notification or, where possible, within a shorter time-limit, if so requested by the Member State of residence. Such information may include only details which are strictly necessary for the implementation of this Article and may be used only for that purpose.
                           If the information is not received by the Member State of residence within the time-limit, the candidate shall none the less be admitted.
                           4.   If the information provided invalidates the content of the declaration, the Member State of residence, irrespective of whether it receives the information within the time-limit or at a later stage, shall take the appropriate steps in accordance with its national law to prevent the person concerned from standing as a candidate or where this is not possible, to prevent this person either from being elected or from exercising the mandate.
                           5.   Member States shall designate a contact point to receive and transmit the information necessary for the application of paragraph 3. They shall communicate to the Commission the name and contact details of the contact point and any updated information or changes concerning it. The Commission shall keep a list of contact points and make it available to the Member States.’;

               (2)

               Article 10 is amended as follows:

                           (a)

                           in paragraph 1, point (a) is replaced by the following:

                                       ‘(a)

                                       his nationality, date and place of birth, last address in the home Member State and his address in the electoral territory of the Member State of residence;’;

                           (b)

                           the following point is added to paragraph 1:

                                       ‘(d)

                                       that he has not been deprived of the right to stand as a candidate in the home Member State through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies.’;

                           (c)

                           paragraph 2 is deleted.

         Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 28 January 2014. They shall immediately inform the Commission thereof.
   When Member States adopt those 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 measures of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 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, 20 December 2012.

            For the Council

            The President

         E. FLOURENTZOU

      (1)  European Parliament legislative resolutions of 26 September 2007 (OJ C 219 E, 28.8.2008, p. 193) and of 20 November 2012 (not yet published in the Official Journal).

      (2)  OJ L 329, 30.12.1993, p. 34.


title: Commission Directive 2010/50/EU of 10 August 2010 amending Directive 98/8/EC of the European Parliament and of the Council to include dazomet as an active substance in Annex I thereto  Text with EEA relevance

text:
               11.8.2010

               EN

               Official Journal of the European Union

               L 210/30

         COMMISSION DIRECTIVE 2010/50/EU
   of 10 August 2010
   amending Directive 98/8/EC of the European Parliament and of the Council to include dazomet as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

               Belgium was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission by 16 April 2007 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 11 March 2010, in an assessment report.

               (5)

               It appears from the examinations made that biocidal products used as wood preservatives and containing dazomet may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include dazomet in Annex I to that Directive.

               (6)

               Not all potential uses have been evaluated at EU level. The EU level risk assessment addresses only professional use outdoors for the remedial treatment of wooden poles, such as transmission poles, by insertion of granules. It is therefore appropriate that Member States assess those uses or exposure scenarios and those risks to the compartments and populations that have not been representatively addressed in the EU level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to reduce the identified risks to acceptable levels.

               (7)

               In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing dazomet and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto.

               (8)

               In particular, it is appropriate to require that products intended for industrial or professional use be used with appropriate personal protective equipment, unless it can be demonstrated that risks for industrial or professional users can be reduced by other means.

               (9)

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

               (10)

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

               (11)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC.

               (12)

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

               (13)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 31 July 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 August 2012.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 10 August 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 123, 24.4.1998, p. 1.

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

      ANNEX
      In Annex I to Directive 98/8/EC, the following entry for the substance dazomet is added:

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

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

                     Date of inclusion

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

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘34

                     Dazomet

                     Tetrahydro-3,5-dimethyl-1,3,5-thiadiazine-2-thione
                     EC No: 208-576-7
                     CAS No: 533-74-4

                     960 g/kg

                     1 August 2012

                     31 July 2014

                     31 July 2022

                     8

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, when relevant for the particular product, those uses or exposure scenarios and those risks to compartments and populations that have not been representatively addressed in the EU level risk assessment. In particular, where relevant, Member States shall assess any other use than professional use outdoors for the remedial treatment of wooden poles by insertion of granules.
                     Member States shall ensure that authorisations are subject to the following condition:
                     Products authorised for industrial and/or professional use shall be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial and/or professional users can be reduced to an acceptable level by others means.’

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