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32000L0077

Directive 2000/77/EC of the European Parliament and of the Council of 14 December 2000 amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition

Official Journal L 333 , 29/12/2000 P. 0081 - 0083

Directive 2000/77/EC of the European Parliament and of the Councilof 14 December 2000amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutritionTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 152(4) thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved on 11 October 2000 by the Conciliation Committee,Whereas:(1) Council Directive 95/53/EC of 25 October 1995(4) lays down the principles in accordance with which official inspections must be carried out in the field of animal nutrition. Experience has shown that, where appropriate, there should be the possibility of defining those principles more precisely at Community level in order to establish a reliable harmonised procedure and to introduce the new inspection system for products from third countries used in animal nutrition.(2) In order to adequately protect human and animal health and the environment, Commission and Member State experts should be able to carry out on-the-spot inspections not only in the Community but also in third countries, in particular following the appearance in a third country of any problem likely to affect the health of animal feedingstuffs put into circulation in the Community.(3) The Commission should furthermore be given the possibility of, where necessary, sending experts to carry out on-the-spot inspections in the Community to check that Community rules are being applied and, where appropriate, adopting Community measures.(4) For the same reason, a system of protective measures should be laid down. Under that system the Commission must be able to act by adopting measures appropriate to the situation.(5) By Directive 95/53/EC, the Council laid down the principle of organising annual, coordinated Community inspection programmes based on a recommendation from the Commission.(6) In particular cases justified on human or animal health grounds, the inspections carried out by and in the Member States should be stepped up. To ensure that the inspections and checks are uniformly and effectively applied across the Community in such cases, the Commission should be given responsibility for adopting specific coordinated inspection programmes.(7) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(8) Council Directive 95/53/EC should be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 95/53/EC is hereby amended as follows:1. the following paragraph shall be added to Article 5:"Where appropriate, detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23."2. the following paragraph shall be added to Article 7:"Where appropriate, detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23."3. the following Articles shall be inserted:"Article 9a1. Where a problem likely to pose a serious risk to human or animal health or the environment appears or spreads on the territory of a third country, the Commission, on its own initiative or at the request of a Member State, shall immediately depending on the gravity of the situation take the following measures, in accordance with the procedure laid down in Article 23a:- suspend imports of products from all or part of the third country concerned or from one or more specific production establishments and, where appropriate, any third country of transit and/or- lay down special conditions for products intended for import from all or part of the third country concerned.2. However, in emergencies, the Commission may provisionally adopt the measures referred to in paragraph 1 after informing the Member States. It shall submit the matter to the Standing Committee for Feedingstuffs within ten working days for its opinion, in accordance with the procedure laid down in Article 23a, with a view to the extension, amendment or repeal of those measures. For such time as the measures adopted by the Commission have not been replaced by another legal act, they shall continue to apply.3. Where a Member State officially informs the Commission of the need to take protective measures and where the Commission has not acted in accordance with paragraph 1, that Member State may adopt temporary protective measures with regard to imports. Where a Member State adopts temporary protective measures, it shall immediately inform the other Member States and the Commission. The Commission shall submit the matter to the Standing Committee for Feedingstuffs within ten working days in accordance with the procedure laid down in Article 23 with a view to the extension, amendment or repeal of the national temporary protective measures.Article 9b1. Where necessary, on-the-spot inspections may be carried out by Commission and Member State experts in third countries to verify whether guarantees, offered by those countries, regarding the conditions for the production and putting into circulation of products can be considered as at least equivalent to those required in the Community.2. The inspections referred to in paragraph 1 shall be carried out on behalf of the Community, which shall bear the costs thereof.3. The Commission shall inform the Member States of the results of the inspections referred to in paragraph 1.4. Where necessary, detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23.";4. the title of Chapter IV shall be replaced by the following:"GENERAL PROVISIONS AND INSPECTIONS";5. the following Article shall be inserted:"Article 17a1. Without prejudice to Article 15, and insofar as necessary for the uniform application of the requirements of this Directive, Commission and Member State experts may carry out on-the-spot inspections, in cooperation with the competent national authorities, to verify that the provisions of this Directive, and in particular Articles 4, 5, 7, 11 and 12, are being applied.The Commission shall appoint Member State experts on a proposal from the Member States.2. The Member State on whose territory an inspection is carried out shall afford the Commission and Member State experts full assistance to carry out their duties.3. The outcome of the inspections made shall be discussed with the competent authority of the Member State concerned before a final report is drawn up and circulated.The Commission shall inform the Member States and the European Parliament of the results of inspections carried out.4. Where the Commission or a Member State considers that the results of an inspection justify it, these shall be examined in the Standing Committee for Feedingstuffs. The Commission shall adopt any necessary decisions in accordance with the procedure laid down in Article 23.5. The Commission shall monitor the situation and amend or repeal the decisions referred to in paragraph 4 in accordance with the procedure laid down in Article 23.6. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23."6. the following paragraph shall be added to Article 22:"4. Without prejudice to paragraphs 1, 2 and 3, where the protection of human or animal health or the environment requires the prompt introduction of limited, specific, coordinated programmes of inspections at Community level, the Commission shall take the necessary measures in accordance with the procedure laid down in Article 23.These programmes shall in particular serve in situations provoked by a specific incident."7. Article 23 shall be replaced by the following:"Article 231. The Commission shall be assisted by the Standing Committee for Feedingstuffs (hereinafter referred to as 'the Committee').2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be 3 months.3. The Committee shall adopt its rules of procedure.";8. the following Article shall be inserted:"Article 23a1. The Commission shall be assisted by the Standing Committee for Feedingstuffs (hereinafter referred to as 'the Committee').2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be 15 days.3. The Committee shall adopt its rules of procedure."Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest on 29 December 2001.They shall forthwith inform the Commission thereof.2. 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 the Member States.3. Member States shall communicate to the Commission the text of the main provisions of national law they adopt in the field covered by this Directive.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 14 December 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentD. Gillot(1) OJ C 346, 14.11.1998, p. 9.(2) OJ C 138, 18.5.1999, p. 17.(3) Opinion of the European Parliament of 16 December 1998 (OJ C 98, 9.4.1999, p. 150), Council Common Position of 15 November 1999 (OJ C 17, 20.1.2000, p. 8) and Decision of the European Parliament of 11 April 2000 (not yet published in the Official Journal). Decision of the Council of 20 November 2000 and Decision of the European Parliament of 14 December 2000.(4) OJ L 265, 8.11.1995, p. 17. Directive as amended by Council Directive 1999/20/EC (OJ L 80, 25.3.1999, p. 20).(5) OJ L 184, 17.7.1999, p. 23.


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31989L0047

Fifth Council Directive 89/47/EEC of 21 December 1988 on summertime arrangements

Official Journal L 017 , 21/01/1989 P. 0057 - 0058

*****FIFTH  COUNCIL DIRECTIVE  of 21 December 1988  on summertime arrangements  (89/47/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Fourth Countil Directive 88/14/EEC of 22 December 1987 on summertime arrangements (4) introduced a common date and time throughout the Community for the beginning of the summertime period for 1989 and, for the end of that period in that year, two different dates, one for Member States apart from Ireland and the United Kingdom and one for Ireland and the United Kingdom;  Whereas Article 5 of the Fourth Directive provides that the Council, acting on a proposal from the Commission, shall adopt by 1 January 1989 the arrangements to apply from 1990 onwards;  Whereas it is appropriate to re-examine the summertime period from time to time and for this purpose arrangements should therefore be adopted for 1990, 1991 and 1992;  Whereas a common date and time for the beginning and end of the summertime period should be fixed in the whole Community area for those years;  Whereas, for geographical reasons, Ireland and the United Kingdom should be afforded the possibility of fixing, during some or all of those three years, an end date for summertime different from that provided for the other Member States;  Whereas, for geographical reasons, common summertime arrangements should not apply to the overseas territories of the Member States,  HAS ADOPTED THIS DIRECTIVE:  Article 1  For the purposes of this Directive the expression 'summertime period' means the period of the year during which the time is advanced by 60 minutes in relation to the time for the rest of the year.  Article 2  Member States shall take the measures necessary to ensure that in each Member State the summertime period for 1990, 1991 and 1992 begins at 1 a.m. Greenwich Mean Time (GMT) on the last Sunday in March, that is to say:  - in 1990: on 25 March,  - in 1991: on 31 March,  - in 1992: on 29 March.  Article 3  1. Member States shall take the measures necessary to ensure that the summertime period for 1990, 1991 and 1992 ends at 1 a.m. Greenwich Mean Time (GMT) on the last Sunday in September, that is to say:  - in 1990: on 30 September,  - in 1991: on 29 September,  - in 1992: on 27 September.  2. Ireland and the United Kingdom may, however, take the measures necessary to ensure that the summertime period for 1990, 1991 and 1992 ends at 1 a.m. Greenwich Mean Time (GMT) on the fourth Sunday in October, that is to say:  - in 1990: on 28 October,  - in 1991: on 27 October,  - in 1992: on 25 October.  3. Should Ireland and the United Kingdom decide, before 1992, to bring the end of their summertime period into line with the dates provided for in paragraph 1, they shall notify the Commission, which will inform the other Member States thereof.  Article 4  The Council, acting on a proposal from the Commission, shall adopt by 1 January 1992 the arrangements to apply from 1993 onwards.  Article 5  This Directive shall not apply to the overseas territories of the Member States.  Article 6  This Directive is addressed to the Member States.  Done at Brussels, 21 December 1988.  For the Council  The President  V. PAPANDREOU  (1) OJ No C 201, 2. 8. 1988, p. 5.  (2) OJ No C 290, 14. 11. 1988, p. 178, and Decision of 16 December 1988 (not yet published in the Official Journal).  (3) OJ No C 337, 31. 12. 1988.  (4) OJ No L 6, 9. 1. 1988, p. 38.


title: Commission Directive (EU) 2016/2309 of 16 December 2016 adapting for the fourth time the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to scientific and technical progress (Text with EEA relevance )

text:
               20.12.2016

               EN

               Official Journal of the European Union

               L 345/48

         COMMISSION DIRECTIVE (EU) 2016/2309
   of 16 December 2016
   adapting for the fourth time the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to scientific and technical progress
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (1), and in particular Article 8(1) thereof,
   Whereas:

               (1)

               Section I.1 of Annex I, Section II.1 of Annex II and Section III.1 of Annex III to Directive 2008/68/EC refer to provisions set out in international agreements on the inland transport of dangerous goods by road, rail and inland waterways as defined in Article 2 of that Directive.

               (2)

               The provisions of these international agreements are updated every two years. Consequently, the last amended versions of these agreements shall apply as from 1 January 2017, with a transitional period up to 30 June 2017.

               (3)

               Section I.1 of Annex I, Section II.1 of Annex II and Section III.1 of Annex III to Directive 2008/68/EC should therefore be amended accordingly.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Committee on the transport of dangerous goods,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments to Directive 2008/68/EC
   Directive 2008/68/EC is amended as follows:

               1.

               In Annex I, Section I.1 is replaced by the following:
               ‘I.1.   ADR
               Annexes A and B to the ADR, as applicable with effect from 1 January 2017, it being understood that “contracting party” is replaced by “Member State” as appropriate.’;

               2.

               In Annex II, Section II.1 is replaced by the following:
               ‘II.1.   RID
               Annex to the RID, appearing in Appendix C to the COTIF, as applicable with effect from 1 January 2017, it being understood that “RID Contracting State” is replaced by “Member State” as appropriate.’;

               3.

               In Annex III, Section III.1 is replaced by the following:
               ‘III.1.   ADN
               Annexed Regulations to the ADN, as applicable with effect from 1 January 2017, as well as Articles 3(f), 3(h), 8(1), 8(3) of the ADN, it being understood that “contracting party” is replaced by “Member State” as appropriate.’.

         Article 2
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2017 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   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
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 16 December 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 260, 30.9.2008, p. 13.


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31980L1156

Thirty-sixth Commission Directive 80/1156/EEC of 28 November 1980 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 343 , 18/12/1980 P. 0035 - 0037

****( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 336 , 13 . 12 . 1980 , P . 42 .        THIRTY-SIXTH COMMISSION DIRECTIVE   OF 28 NOVEMBER 1980   AMENDING THE ANNEXES TO COUNCIL DIRECTIVE 70/524/EEC CONCERNING ADDITIVES IN FEEDINGSTUFFS  ( 80/1156/EEC )   THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DIRECTIVE 70/524/EEC OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ( 1 ), AS LAST AMENDED BY THE THIRTY-FIFTH COMMISSION DIRECTIVE 80/1139/EEC ( 2 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,   WHEREAS DIRECTIVE 70/524/EEC PROVIDES FOR THE CONTENT OF ITS ANNEXES TO BE REGULARLY AMENDED TO TAKE ACCOUNT OF DEVELOPMENTS IN SCIENTIFIC AND TECHNICAL KNOWLEDGE ;   WHEREAS THE USE OF CERTAIN ANTIBIOTICS AND EMULSIFIERS HITHERTO AUTHORIZED AT NATIONAL LEVEL HAS BEEN WIDELY TESTED ; WHEREAS THE EXPERIENCE GAINED AND THE STUDIES CARRIED OUT INDICATE THAT THE USE OF THESE ADDITIVES MAY NOW BE AUTHORIZED UNDER CERTAIN CONDITIONS THROUGHOUT THE COMMUNITY ;   WHEREAS THE INVESTIGATION OF VARIOUS ADDITIVES CURRENTLY LISTED IN ANNEX II AND THEREFORE AUTHORIZABLE AT NATIONAL LEVEL HAS NOT YET BEEN COMPLETED WHEREAS , THEREFORE , THE PERIOD OF AUTHORIZATION OF THESE SUBSTANCES SHOULD BE EXTENDED FOR A GIVEN LENGTH OF TIME ;   WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   THE ANNEXES TO DIRECTIVE 70/524/EEC ARE HEREBY AMENDED AS FOLLOWS :   1 . IN ANNEX I ,  ( A ) IN PART A ' ANTIBIOTICS ' ,  ( AA ) AGAINST ITEM E 711 ' VIRGINIAMYCIN ' , THE PARTICULARS RELATING TO SWINE SHALL BE REPLACED BY THE FOLLOWING :  //   //  //  //  MINIMUM CONTENT //  MAXIMUM CONTENT //   //  ' EEC NO  //  ADDITIVES  //  CHEMICAL FORMULA , DESCRIPTION  //  SPECIES OF ANIMAL  //  MAXIMUM AGE  //  PPM OF COMPLETE FEEDINGSTUFFS //  OTHER PROVISIONS  //  //  //  //  //  PIGLETS //  4 MONTHS //  5 //  50 //  //  //  //  PIGS //  FROM 4 MONTHS TO 6 MONTHS //  5 //  20 '  //   ( B ) IN PART E ' EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS '  THE FOLLOWING ITEMS SHALL BE ADDED :   //   //  //  //  MINIMUM CONTENT //  MAXIMUM CONTENT //   //  ' EEC NO  //  ADDITIVES  //  CHEMICAL FORMULA , DESCRIPTION  //  SPECIES OF ANIMAL  //  MAXIMUM AGE  //  PPM OF COMPLETE FEEDINGSTUFFS //  OTHER PROVISIONS  //  // E 491 //  SORBITAN MONOSTEARATE // E 492 //  SORBITAN TRISTEARATE //  ALL SPECIES //  //  //  //  ALL FEEDING- // E 493 //  SORBITAN MONOLAURATE //  OF ANIMAL //  //  //  //  STUFFS '  // E 494 //  SORBITAN MONO-OLEATE // E 495 //  SORBITAN MONOPALMITATE //   ( C ) IN PART J ' GROWTH PROMOTERS ' , THE NUMBER ' E 800 ' APPEARING AGAINST ' NITROVIN '  IN THE COLUMN HEADED ' EEC NO ' SHALL BE REPLACED BY ' E 850 ' ;   2 . IN ANNEX II ,  ( A ) IN PART A ' ANTIBIOTICS '  THE DATE ' 31 DECEMBER 1980 '  IN THE COLUMN HEADED ' PERIOD OF AUTHORIZATION '  SHALL BE REPLACED BY ' 30 NOVEMBER 1981 '  IN RESPECT OF THE FOLLOWING ITEMS :   NO 24 MOCIMYCIN ,   NO 25 NOSIHEPTIDE ;  ( B ) IN PART B ' COCCIDIOSTATS '  THE DATE ' 31 DECEMBER 1980 ' IN THE COLUMN HEADED ' PERIOD OF AUTHORIZATION '  SHALL BE REPLACED BY THE DATE ' 30 NOVEMBER 1981 '  IN RESPECT OF THE FOLLOWING ITEMS :   NO  6 NICARBAZIN ,   NO 16 METICLORPINDOL + METHYLBENZOQUATE ( MIXTURE OF 100 PARTS OF ( A ) AND 8.35 PARTS OF ( B )),   NO 19 3,5-DINITROSALICYLIC ACID ( 5-NITROFURFURYLIDENE ) HYDRAZIDE ,   NO 20 AMPROLIUM + SULPHAQUINOXALINE + ETHOPABATE ( MIXTURE OF 18 PARTS OF ( A ), 10.8 PARTS OF ( B ) AND 0.9 PART OF ( C )),   NO 21 AMPROLIUM + SULPHAQUINOXALINE + ETHOPABATE + PYRIMETHAMINE ( MIXTURE OF 20 PARTS OF ( A ), 12 PARTS OF ( B ), 1 PART OF ( C ) AND 1 PART OF ( D )),   NO 22 HALOFUGINONE ,   NO 24 LASALOCIDE SODIUM ;  ( C ) IN PART C ' EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS '  THE DATE ' 31 DECEMBER 1980 '  IN THE COLUMN HEADED ' PERIOD OF AUTHORIZATION '  SHALL BE REPLACED BY ' 30 NOVEMBER 1981 '  IN RESPECT OF THE FOLLOWING ITEMS :   NO 4 1,2 PROPANEDIOL ,   NO 5 1,3-BUTANEDIOL ;  ( D ) IN PART D ' PRESERVATIVES '  THE DATE ' 31 DECEMBER 1980 ' IN THE COLUMN HEADED ' PERIOD OF AUTHORIZATION '  SHALL BE REPLACED BY ' 30 NOVEMBER 1981 '  IN RESPECT OF THE FOLLOWING ITEMS :   NO 3 HYDROCHLORIC ACID ,   NO 4 SULPHURIC ACID ,   NO 5 FORMALDEHYDE ,   NO 16 SODIUM NITRITE ( E 250 );  ( E ) IN PART DA ' TRACE ELEMENTS '  THE DATE ' 31 DECEMBER 1980 ' IN THE COLUMN HEADED ' PERIOD OF AUTHORIZATION '  SHALL BE REPLACED BY ' 30 NOVEMBER 1981 '  IN RESPECT OF ITEM NO 3  ' COPPER ' ;  ( F ) IN PART DB ' NON-PROTEIN NITROGEN COMPOUNDS '  THE DATE  ' 31 DECEMBER 1980 '  IN THE COLUMN HEADED ' PERIOD OF AUTHORIZATION '  SHALL BE REPLACED BY ' 30 NOVEMBER 1981 '  IN RESPECT OF THE FOLLOWING ITEMS :   NO 1 CYANURIC ACID ,   NO 2 TRIURET ;  ( G ) IN PART F ' GROWTH PROMOTERS ' :  ( AA ) THE DATE ' 31 DECEMBER 1980 IN THE COLUMN HEADED  ' PERIOD OF AUTHORIZATION '  SHALL BE REPLACED BY ' 30 JUNE 1981 '  IN RESPECT OF ITEM NO 2 ' CARBADOX ' ;  ( BB ) THE DATE ' 31 DECEMBER 1980 '  IN THE COLUMN HEADED  ' PERIOD OF AUTHORIZATION '  SHALL BE REPLACED BY ' 30 NOVEMBER 1981 '  IN RESPECT OF ITEM NO 3 ' OLAQUINDOX ' ;  ( H ) IN PART G ' BINDERS , ANTI-CAKING AGENTS AND COAGULANTS ' THE DATE ' 31 DECEMBER 1980 '  IN THE COLUMN HEADED ' PERIOD OF AUTHORIZATION '  SHALL BE REPLACED BY ' 30 NOVEMBER 1981 '  IN RESPECT OF THE FOLLOWING ITEMS :   NO 1 SILICA ,   NO 2 SILICATES , FREE OF ASBESTOS , WITH THE EXCEPTION OF CALCIUM SILICATES .   ARTICLE 2   THE MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH ARTICLE 1 ( 1 ) NOT LATER THAN 1 JULY 1981 . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .   ARTICLE 3   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 28 NOVEMBER 1980 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT


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31978L0631

Council Directive 78/631/EEC of 26 June 1978 on the approximation of the laws of the Member States relating to the classification, packaging and labelling of dangerous preparations (pesticides)

Official Journal L 206 , 29/07/1978 P. 0013 - 0025 Finnish special edition: Chapter 13 Volume 8 P. 0162  Greek special edition: Chapter 13 Volume 7 P. 0142  Swedish special edition: Chapter 13 Volume 8 P. 0162  Spanish special edition: Chapter 13 Volume 8 P. 0212  Portuguese special edition Chapter 13 Volume 8 P. 0212

COUNCIL DIRECTIVE  of 26 June 1978  on the approximation of the laws of the Member States relating to the classification, packaging and labelling of dangerous preparations (pesticides)  (78/631/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas there are in the Member States regulations governing dangerous substances and preparations ; whereas these regulations differ, especially as regards labelling to indicate risk and classification according to the degree of danger ; whereas these differences constitute a barrier to trade and directly affect the establishment and functioning of the common market;  Whereas it is therefore important to eliminate these barriers and it is necessary, in order to attain this objective, to approximate the relevant legislation existing in the Member States;  Whereas rules for dangerous substances have already been laid down in Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (3), as last amended by Directive 76/907/EEC (4), which covers the active substances in pesticides ; whereas it is necessary to introduce parallel rules for dangerous preparations composed of two or more substances;  Whereas many dangerous substances and preparations are used in plant and wood protection and pest control ; whereas more use is made of preparations than of substances as such in this sector ; whereas most of these preparations contain substances which are toxic to varying degrees, so that toxicological classification, together with prescriptions regarding labelling (danger symbols, indications of risk and safety advice) and rules concerning packaging are necessary in order to preclude the risk of damage, particularly to public health, as a result of the marketing of pesticides;  Whereas this Directive applies to the classification, packaging and labelling of pesticides ; whereas it will in addition be necessary to include in later Directives special provisions concerning the authorization, distribution and use of these pesticides, which will themselves contain further requirements as to labelling and possibly first aid information for doctors;  Whereas the principal objective of this Directive must be to improve the protection of the public and in particular of persons handling pesticides;  Whereas this Directive can also contribute, through its requirements as to the indication of risk, to the protection of the consumer;  Whereas dangerous preparations used as pesticides may, although conforming to the provisions of this Directive, nevertheless constitute a danger to public health or safety ; whereas it is therefore advisable to provide for a procedure intended to reduce this danger,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive shall apply, without prejudice to other relevant Community provisions, to the approximation of the laws of Member States relating to:    - the classification according to danger,       - the packaging, and       - the labelling to indicate risk,         of dangerous preparations (pesticides), hereinafter referred to as "pesticides", in the form in which they are supplied to the user and intended for use as pesticides.  (1)OJ No C 30, 7.2.1977, p. 35. (2)OJ No C 114, 11.5.1977, p. 20. (3)OJ No 196, 16.8.1967, p. 1. (4)OJ No L 360, 30.12.1976, p. 1.   2. This Directive shall not apply to:    (a) medicines, narcotics and radioactive preparations;       (b) the carriage of pesticides by rail, road, inland waterway, sea or air;       (c) pesticides for export to third countries;       (d) pesticides in transit subject to customs control, provided that they undergo no processing or transformation.         3. The definitions laid down in Article 2 of Directive 67/548/EEC shall apply for the purposes of this Directive.   Article 2 For the purposes of this Directive "pesticides" shall mean preparations designed:    1. to destroy organisms harmful to plants or to plant products or to protect plants and plant products from such organisms ; or       2. to improve or regulate plant production, with the exception of fertilizers and soil conditioners ; or       3. to preserve plant products, including wood preservatives, in so far as there are no other Community provisions specifically relating to preservatives, except those products which are applied to surfaces and do not contain preserving substances which penetrate into the plant product ; or       4. to destroy undesired plants ; or       5. to destroy parts of plants or to prevent undesired growth ; or       6. to render harmless or to destroy, or to give protection against, harmful organisms which do not attack plants, and undesired organisms.          Article 3 1. Pesticides shall be classified by means of the determination of the acute oral or percutaneous toxicity of the preparation, expressed in LD50 values determined in the rat, or respiratory toxicity expressed in LC50 values determined in the rat.    (a) The following shall serve as reference values for oral LD50 in the rat:      (1) for solids (except bait preparations and pesticides in tablet form):  5mg/kg of body weight or less : "very toxic",  more than 5 but not more than 50 mg/kg of body weight : "toxic",  more than 50 but not more than 500 mg/kg of body weight : "harmful";           (2) for liquids (including bait preparations and pesticides in tablet form):  25 mg/kg of body weight or less : "very toxic",  more than 25 but not more than 200 mg/kg of body weight : "toxic",  more than 200 but not more than 2 000 mg/kg of body weight : "harmful".                  (b) For pesticides in the form of gas or liquefied gas, and for fumigants and aerosols, the following reference LC50 values, determined by means of a four-hour inhalation test on rats, shall be applicable:  0 75 mg/litre of air or less : "very toxic",  more than 0 75 but not more than 2 mg/litre of air : "toxic",  more than 2 but not more than 20 mg/litre of air : "harmful".  For pesticides in powder form in which the diameter of the particles does not exceed 50 microns the values must be determined by inhalation test. However, where such pesticides are already marketed or are in the process of being authorized at the date on which this Directive is adopted, they may be classified in accordance with the provisions laid down for the liquid pesticides referred to in point (a).       (c) For pesticides which can be absorbed through the skin, and where the percutaneous LD50 value is such that it would place the pesticides in a more restrictive class than the oral LD50 value or the inhalation LC50 value would indicate, the following reference values, determined by the percutaneous test on rats and/or, where a Member State so requires, on rabbits, shall be applicable:      (1) for solids (except bait preparations and pesticides in tablet form):  10 mg/kg of body weight or less : "very toxic",  more than 10 but not more than 100 mg/kg of body weight : "toxic",  more than 100 but not more than 1 000 mg/kg of body weight : "harmful";           (2) for liquids (including bait preparations and pesticides in tablet form):  50 mg/kg of body weight or less : "very toxic",  more than 50 but not more than 400 mg/kg of body weight : "toxic",  more than 400 but not more than 4 000 mg/kg of body weight : "harmful".                        The prescribed tests shall be carried out in accordance with internationally recognized methods or with the method, if any, provided for in Directive 67/548/EEC.  2. By way of derogation from paragraph 1, a pesticide containing one active substance may be classified by means of a calculation carried out in accordance with Annexes I and III if:    (a) on the basis of its ingredients, its classification as "very toxic", "toxic" or "harmful" is obvious ; or       (b) it is shown that the composition of a pesticide closely resembles that of another pesticide which has already been classified and the toxicological data relating to the latter are sufficiently well established.             In such cases there must be valid grounds for assuming that the classification resulting from a calculation would not vary substantially from those obtainable by biological testing in accordance with paragraph 1.  3. For the classification of pesticides which contain more than one active substance and are intended solely for marketing within their territories, Member States may allow the use of the method of calculation set out in Annex II with the restrictions specified in paragraph 2.  4. If facts appear which leave the correctness of the classification open to doubt, the competent authorities may require that the calculation be replaced by toxicological tests as laid down in paragraph 1.  5. Additional toxicological data may be taken into account for the purpose of classifying a pesticide where,    (a) there are facts which suggest that in normal use a pesticide involves a risk to human health ; or       (b) it is shown that, as regards a particular pesticide, the rat is not the most suitable animal for testing and that another species is, for example, clearly more sensitive or displays reactions closer to those of man ; or       (c) the LD50 values of the pesticide, determined orally or by the percutaneous test should not be used as the main basis of classification (in certain instances, for example, aerosols, other special preparations, powders and fumigants).             Conversely, where it can be shown that a pesticide is less toxic or harmful than its ingredients seem to indicate, this fact will also be taken into account when it is classified.   Article 4 The Member States shall take all necessary measures to ensure that pesticides cannot be placed on the market unless they comply with this Directive.   Article 5 1. The Member States shall take all necessary measures to ensure that pesticides cannot be placed on the market unless their packaging satisfies the following requirements:    (a) the packaging must be so designed and constructed that its contents cannot escape ; this requirement shall not apply where special safety devices are prescribed;       (b) the materials constituting the packaging and fastenings must not be susceptible to attack by the contents, or liable to form harmful or dangerous compounds with the contents;       (c) packaging and fastenings must be strong and solid throughout so as to ensure that they will not come apart and will safely withstand normal handling;       (d) containers with fastening devices must be so designed that the container can be repeatedly refastened so that the contents cannot escape.         2. The Member States may also prescribe that:    - packages must initially be closed with a seal in such a way that when the package is opened for the first time the seal is irreparably damaged;       - containers with a capacity not exceeding three litres which contain pesticides intended for domestic use must have childproof fastenings.           Article 6 1. Member States shall take all necessary measures to ensure that pesticides cannot be placed on the market unless the labelling on their packaging satisfies the following requirements.  2. All packaging must show the following clearly and indelibly:    (a) trade name or designation of the preparation;       (b)      - in the case of pesticides not subject to authorization, the name and address of the manufacturer or any other person placing the preparation on the market,           - in the case of pesticides subject to authorization, the name and address of the holder of the authorization and the registered number of the preparation and, if different, the name and address of the person placing the preparation on the market;                 (c) the name and amount of each active substance expressed:      - for pesticides which are solids, aerosols, volatile liquids (maximum boiling point 50 ºC) or viscous liquids (lower limit 1 Pa s at 20 ºC) : as a percentage by weight,           - for other liquids : as a percentage by weight and in grams per litre at 20 ºC,           - for gases : as a percentage by volume;                  (d) the name of each very toxic, toxic, harmful or corrosive substance contained in the preparation, excluding active substances, in concentrations of more than 0 72 % in the case of very toxic and toxic substances, 5 % in the case of harmful substances and 5 % in the case of corrosive substances.  In the case of solvents, account should be taken of the concentration limits laid down in Article 5 (2) of Council Directive 73/173/EEC of 4 June 1973 on the approximation of Member States' laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (solvents) (1).  The name must be as given in the nomenclature of the list contained in Annex I to Directive 67/548/EEC;       (e) the net quantity of the preparation given in legal units of measurement;       (f) the batch number;       (g) the symbols and indications of the dangers of the preparation as specified in Article 6 (2) (c) of Directive 67/548/EEC and in Annex V thereto;       (h) an indication of the special risks, within the meaning of this Directive, deriving from these dangers;       (i) for very toxic, toxic or harmful pesticides, the indication that the packaging must not be re-used except in the case of containers which are specifically designed for re-use, recharging or refilling by the manufacturer or distributer.         3. In the case of pesticides which are subject to authorization, the indications of special risks shall be specified by the competent authority, and in all other cases by the manufacturer or other person placing the preparation on the market. These indications must be compulsorily selected from among those contained in Annex IV to this Directive and may be supplemented if necessary by indications contained in Annex III to Directive 67/548/EEC.  4. Safety advice concerning the use of the pesticide must appear on the label or the packaging or, when this is not physically possible, on another label firmly affixed to the packaging itself. In the case of pesticides which are subject to authorization, this safety advice shall be selected by the competent authority, and in all other cases by the manufacturer or other person placing the preparation on the market. Safety advice must comply with the indications given in Annex IV to Directive 67/548/EEC and in Annex V to this Directive.  5. Subject to Community rules on the authorization of pesticides, the competent authorities may prescribe additional particulars concerning special risks and safety advice for pesticides which are subject to authorization.  6. In no case may the label or the packaging of pesticides to which this Directive applies bear such indications as "non-toxic", "harmless" or other similar indications.   Article 7 1. Where the particulars required by Article 6 appear on a label, that label must be firmly affixed to one or more surfaces of the packaging so that particulars can be read horizontally when the package is set down normally. The dimensions of the label must be as follows:  (1)OJ No L 189, 11.7.1973, p. 7.   Capacity of the packaging:  - less than or equal to three litres:  if possible at least 52 × 74 mm,   - greater than three litres but not exceeding 50 litres:  at least 74 × 105 mm,   - greater than 50 litres but not exceeding 500 litres:  at least 105 × 148 mm,   - greater than 500 litres:  at least 148 × 210 mm.    Each symbol must cover at least one tenth of the surface area of the label but not be less than 1 cm2 in area. The entire surface of the label must adhere to the immediate packaging of the preparation.  2. A label shall not be required where the particulars are clearly shown on the packaging itself as specified in paragraph 1.  3. The colour and presentation of the label - or, in the case referred to in paragraph 2, of the packaging - must be such that the danger symbol and its orange-yellow background stand out clearly.  4. Member States may make the placing of pesticides on the market in their territories subject to the use of the national or official language or languages in the labelling thereof.  5. For the purpose of this Directive, labelling requirements shall be deemed to be satisfied when the outer transportation packaging bears a symbol which complies with the international regulations on the transport of dangerous substances and with Article 6 (2) (a) to (f), (h), (i) and (4).   Article 8 1. Member States may:    (a) permit the labelling required by Article 6 to be applied in some other appropriate manner on packaging which is either too small or otherwise unsuitable for labelling in accordance with Article 7 (1) and (2);       (b) by way of derogation from Articles 6 and 7, permit the packaging of pesticides other than those classified as very toxic or toxic to be labelled in some other way if such packaging contains small quantities presenting no danger to persons handling the pesticide or otherwise concerned.         2. Member States availing themselves of the options provided for in paragraph 1 shall immediately inform the Commission accordingly.   Article 9 Member States may not prohibit, restrict or impede, on grounds of classification, packaging or labelling within the meaning of this Directive, the placing on the market of pesticides which satisfy the requirements of this Directive.   Article 10 1. Where a Member State establishes on the basis of detailed evidence that a pesticide, although satisfying the requirements of this Directive, constitutes a danger to health or safety, it may, provisionally, prohibit or impose special conditions on the placing on the market of that pesticide within its territory. It shall immediately inform the other Member States and the Commission of such action and state the reasons for its decision.  2. The Commission shall consult the Member States concerned within six weeks, express its opinion without delay and take the appropriate measures.  3. If the Commission is of the opinion that technical amendments to the Directive are required, such amendments shall be adopted either by the Commission or by the Council in accordance with the procedure laid down in Article 8c of Directive 67/548/EEC. In this event, the Member State which has adopted safeguard measures may maintain them until such amendments enter into force.   Article 11 1. The following shall be drawn up in accordance with the procedure laid down in Article 8c of Directive 67/548/EEC:    - a list of active substances with indications of their conventional LD50 and LC50 values (Annex III),       - an up-to-date list of active substances for the classification of pesticides containing more than one active substance in accordance with the method of calculation laid down in Annex II.         2. The amendments necessary to adapt the Annexes to this Directive to technical progress shall be adopted in accordance with the same procedure.   Article 12 1. The Member States shall bring into force on 1 January 1981 the laws, regulations and administrative provisions necessary for them to comply with this Directive and shall forthwith inform the Commission thereof.   2. The 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 13 This Directive is addressed to the Member States.     Done at Luxembourg, 26 June 1978.  For the Council  The President  K.B. ANDERSEN      ANNEX I  CLASSIFICATION BY CALCULATION OF PESTICIDES CONTAINING ONE ACTIVE SUBSTANCE (see Article 3 (2))  Pesticides containing one active substance and one or more inert vehicles and/or adjuvants shall be classified by means of the following formula: >PIC FILE= "T0013231">   where:  L = oral LD50 of the active substance in the rat,  C = concentration of active substance in percentage by weight,  A = value determining the classification of the pesticide in accordance with Article 3 (1) (a).  Where the active substance appears in Annex III, the LD50 value to be used in the calculation shall be that given in that Annex.    ANNEX II  CLASSIFICATION BY CALCULATION OF PESTICIDES CONTAINING MORE THAN ONE ACTIVE SUBSTANCE  (see Article 3 (3))    1. For the purpose of applying the method of calculation for the classification of pesticides which contain more than one active substance, the dangerous substances used in their preparation are divided into categories and sub-categories in accordance with the list in point 5.       2. The following formula shall be used for the classification of a pesticide: >PIC FILE= "T0013232">   where:  P = the percentage by weight of each dangerous substance present in the pesticide;  I = the distinguishing index of the sub-category to which each substance belongs. It is assigned for every percentage unit of the substance in question present in the pesticide.  In particular, I breaks down into the following:  I1 : for classifying solid pesticides as toxic or harmful;  I2 : for classifying liquid or gaseous pesticides as toxic or harmful.   The values of the indices I1 and I2 are given in the table below:  TABLE OF CLASSIFICATION INDICES >PIC FILE= "T0013233">        3. Pesticides containing one or more of the substances listed in point 5 are regarded as toxic if the sum of the products obtained by multiplying the percentage by weight P of the various substances present in the pesticide by the respective indices I1 or I2 is greater than 500, i.e.: >PIC FILE= "T0013234">        4. Pesticides containing one or more of the substances listed in point 5 are regarded as harmful if the sum of the products referred to in point 3 is 500 or less but greater than 25 for solid pesticides, or 500 or less but greater than 40 for liquid and gaseous pesticides, i.e.: >PIC FILE= "T0013235">   When the result of this calculation is 25 or less for a solid pesticide or 40 or less for a liquid or gaseous one, the pesticide is not classified.       5. LIST OF ACTIVE SUBSTANCES, DIVIDED INTO CLASSES AND SUBCLASSES  Toxic substances  The substances bearing the indication (NT) cannot be transferred into other classes. >PIC FILE= "T0013236">    >PIC FILE= "T0013237">    >PIC FILE= "T0013238">    >PIC FILE= "T0013239">             ANNEX III  LIST OF ACTIVE SUBSTANCES WITH INDICATIONS OF THEIR CONVENTIONAL LD50 AND LC50 VALUES  (see the first indent of Article 11 (1))    ANNEX IV  PHRASES INDICATING THE NATURE OF THE SPECIAL RISKS ATTACHING TO PESTICIDES (see Article 6 (3))  Depending on the nature of the risks, one or more of the phrases indicating the nature of the special risks involved must be mentioned on the labels of pesticides which are considered as dangerous within the meaning of this Directive.  If two or more phrases are required they may be combined in accordance with Annex III to Directive 67/548/EEC. >PIC FILE= "T0013240">      ANNEX V  SAFETY ADVICE  (see Article 6 (4))  For pesticides classified as very toxic, toxic, harmful, corrosive or irritant, the following safety advice is compulsory: >PIC FILE= "T0013241">


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31991L0148

Council Directive 91/148/EEC of 18 March 1991 revoking Directive 75/404/EEC on the restriction of the use of natural gas in power stations

Official Journal L 075 , 21/03/1991 P. 0052 - 0052

COUNCIL DIRECTIVE  of 18 March 1991  revoking Directive 75/404/EEC on the restriction of the use of natural gas in power stations  (91/148/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 103 (4) thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the implementation of a Community energy policy is one of the objectives that the Community has set itself;  Whereas the security of Community energy supplies requires the development of all its sources of energy;  Whereas natural gas is one such source which, moreover, has specific advantages for the production of electricity in terms of limiting emissions of pollutants;  Whereas technological advances have enabled natural gas to be used for electricity production in production units having advantages both of lower capital and operating costs, and of greater transformation efficiency and improved operational flexibility  compared with units using other fuels;  Whereas Directive 75/404/EEC (4) was adopted at a time when natural gas reserves were considered to be of an insufficient level with regard to the security of supplies of this source of energy;  Whereas this situation has changed and, in view of current developments on the gas market, the restriction imposed under Directive 75/404/EEC should not be retained,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 75/404/EEC is hereby repealed.  Article 2  This Directive is addressed to the Member States. Done at Brussels, 18 March 1991. For the Council  The President  J.-C. JUNCKER  (1) OJ No C 203, 14. 8. 1990, p. 19. (2) OJ No C 48, 25. 2. 1991. (3) OJ No C 31, 6. 2. 1991, p. 41. (4) OJ No L 178, 9. 7. 1975, p. 24.


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31995L0013

Commission Directive 95/13/EC of 23 May 1995 implementing Council Directive 92/75/EEC with regard to energy labelling of household electric tumble driers

Official Journal L 136 , 21/06/1995 P. 0028 - 0051

COMMISSION  DIRECTIVE 95/13/ECof 23 May 1995implementing Council Directive 92/75/EEC with regard to energy  labelling of household electric tumble driersTHE COMMISSION OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling  and standard product information of the consumption of energy and other resources of household  appliances (1), and in particular Articles 9 and 12 thereof, Whereas under Directive 92/75/EEC the Commission is to adopt an implementing directive in respect  of household appliances including electric tumble driers; Whereas electricity use by tumble driers accounts for a significant part of total Community energy  demand; whereas the scope for reduced energy use by these appliances is substantial; Whereas the Community, confirming the interest of an international standardization system capable  of producing standards that are actually used by all partners in international trade and of meeting  the requirements of Community policy, invites the European standards organization to continue their  cooperation with international standards organizations; Whereas the European Committee for Standardization (CEN) and the European Committee for  Electrotechnical Standardization (Cenelec) are the bodies recognized as competent to adopt  harmonized standards in accordance with the general guidelines for cooperation between the  Commission and these two bodies signed on 13 November 1984; whereas, within the meaning of this  Directive, a harmonized standard is a technical specification (European standard or harmonization  document) adopted by Cenelec, on the basis of a remit (mandate) from the Commission in accordance  with the provisions of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for  the provision of information in the field of technical standards and regulations (2), as last  amended by Directive 94/10/EC of the European Parliament and the Council (3), and on the basis of  those general guidelines; Whereas the measures set out in this Directive are in accordance with the opinion of the committee  set up under Article 10 of Directive 92/75/EEC, HAS ADOPTED THIS DIRECTIVE: Article 11. This Directive shall apply to electric mains operated household  tumble driers. Appliances that can also use other energy sources are excluded, as are combined  washer-driers. 2. The information required by this Directive shall be measured in accordance with harmonized  standards, the reference numbers of which have been published in the Official Journal of the  European Communities and for which Member States have published the reference numbers of the  national standards transposing those harmonized standards. Throughout this Directive any provisions  requiring the giving of information relating to noise shall apply only where that information is  required under Article 3 of Council Directive 86/594/EEC (4). This information, where required,  shall be measured in accordance with that Directive. 3. The harmonized standards referred to in paragraph 2 shall be drawn up under mandate from the  Commission in accordance with Directive 83/189/EEC. 4. 'Dealer', 'supplier', 'information sheet', 'other essential resources' and 'supplementary  information' shall have the meanings set out in Article 1 (4) of Directive 92/75/EEC. Article 21. The technical documentation referred to in Article 2 (3) of Directive 92/75/EEC  shall include: - the name and address of the supplier, - a general description of the appliance, sufficient for it to be uniquely identified, - information, including drawings as relevant, on the main design features of the model and in  particular items which appreciably affect its energy consumption, - reports of relevant measurement tests carried out under test procedures of the harmonized  standards referred to in Article 1 (2), - operating instructions, if any. 2. The label referred to in Article 2 (1) of Directive 92/75/EEC shall be as specified in Annex I  to this Directive. The label shall be placed on the outside of the front or top of the appliance,  in such a way as to be clearly visible, and not obscured. 3. The content and format of the fiche referred to in Article 2 (1) of Directive 92/75/EEC shall be  as specified in Annex II to this Directive. 4. In the circumstances covered by Article 5 of Directive 92/75/EEC, and where the offer for sale,  hire, or hire purchase, is provided by means of a printed communication, such as a mail order  catalogue, then that printed communication shall include all the information specified in Annex III  to this Directive. 5. The energy efficiency class of an appliance, as specified in the label and the fiche, shall be  as specified in Annex IV. Article 3Member States shall take all necessary measures to ensure that all suppliers and  dealers established in their territory fulfil their obligations under this Directive. Article 41. Member States shall adopt and publish the laws, regulations and administrative  provisions necessary to comply with this Directive by 1 March 1996. They shall immediately inform  the Commission thereof. They shall apply those provisions from 1 April 1996. However, Member States shall allow, until 30 September 1996: - the placing on the market, the commercialization and/or the display of products, - the distribution of the printed communications referred to in Article 2 (4), which do not conform  to this Directive. When Member States adopt these provisions, these shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by Member States. 2. Member States shall communicate to the Commission the text of the provisions of national law  which they adopt in the field covered by this Directive. Article 5This Directive shall enter into force on the 20th day following its publication in the  Official Journal of the European Communities. Article 6This Directive is addressed to the Member States. Done at Brussels, 23 May 1995. For the CommissionChristos PAPOUTSISMember of the Commission(1) OJ No L 297,  13. 10. 1992, p. 16. (2) OJ No L 109, 26. 4. 1983, p. 8. (3) OJ No L 100, 19. 4. 1994, p. 30. (4) OJ No L 334, 6. 12. 1986, p. 24.  ANNEX I THE LABEL Label design 1. The label shall be the appropriate language version  chosen from the following illustrations: >REFERENCE TO A FILM>>REFERENCE TO A FILM>>REFERENCE TO A FILM>>REFERENCE TO A FILM>>REFERENCE  TO A FILM>>REFERENCE TO A FILM>>REFERENCE TO A FILM>>REFERENCE TO A FILM>>REFERENCE TO A FILM>> REFERENCE TO A FILM>>REFERENCE TO A FILM>>REFERENCE TO A FILM>Notes concerning the label 2.  The following notes define the information to be included: Note: I. Supplier's name or trade mark. II. Supplier's model identifier. III. The energy efficiency class of an appliance shall be determined in accordance with Annex IV.  This shall be placed at the same level as the relevant arrow. IV. Without prejudice to any requirements under the EU eco-label scheme, where an appliance has  been granted a 'EU eco-label' pursuant to Council Regulation (EEC) No 880/92 (1), a copy of the  eco-label may be added here. The 'electric tumble drier label design guide' referred to below,  explains how the eco-label mark may be included in the label. V. Energy consumption in kWh per cycle, for 'dry cotton cycle' in accordance with test procedures  of the harmonized standards referred to in Article 1 (2). VI. Rated capacity of cotton, in kg, in accordance with the harmonized standards referred to in  Article 1 (2). VII. The type of appliance, air vented or condensing, in accordance with test procedures of the  harmonized standards referred to in Article 1 (2). The arrow shall be placed at the same level as  the relevant type. VIII. Where applicable, noise measured in accordance with Council Directive 86/594/EEC (2). Note: The equivalent terms in other languages in those described above are given in Annex V. Printing 3. The following defines certain aspects of the label: >REFERENCE TO A FILM>Colours used: CMYB - Cyan, magenta, yellow, black. For example: 07X0: 0 % cyan, 70 % magenta, 100 % yellow, 0 % black. Arrows: - A: X0X0- B: 70X0- C: 30X0- D: 00X0- E: 03X0- F: 07X0- G: 0XX0Outline colour: X070All text  is in black. The background is white. Complete printing information is contained in the 'Electric tumble drier label design guide', which  is for information only, obtainable from: The Secretary of the Committee on energy labelling and standard product information for household  appliances, Directorate-General for Energy XVII, European Commission, Rue de la Loi/Wetstraat 200, B-1049 Brussels. (1) OJ No L 99, 11. 4. 1992, p. 1. (2) OJ No L 344, 6. 12. 1986, p. 24. The relevant noise measurement standards are EN 60704-2-4 and  EN 60704-3.  ANNEX II THE FICHE The fiche shall contain the following information. The information  may be given in the form of a table covering a number of appliances supplied by the same supplier,  in which case it shall be given in the order specified, or given close to the description of the  appliance: 1. Supplier's trade mark. 2. Supplier's model identifier. 3. The energy efficiency class of the model as defined in Annex IV. Expressed as 'Energy efficiency  class . . . on a scale of A (more efficient) to G (less efficient). Where this information is  provided in a table this may be expressed by other means provided it is clear that the scale is  from A (more efficient) to G (less efficient)'. 4. Where the information is provided in a table, and where some of the appliances listed in the  table have been granted a 'EU eco-label' pursuant to Regulation (EEC) No 880/92, this information  may be included here. In this case the row heading shall state 'EU eco-label', and the entry shall  consist of a copy of the eco-label mark. This provision is without prejudice to any requirements  under the Community eco-label mark scheme. 5. Energy consumption (Annex I note V). 6. Rated capacity of cotton (Annex I note VI). 7. Water consumption in accordance with test procedues of the harmonized standards referred to in  Article 1 (2), for 'dry cotton' programme cycle, if applicable. 8. Drying time in accordance with test procedures of the harmonized standards referred to in  Article 1 (2) for 'dry cotton' cycle. 9. The same information as given above, under notes 5, 6, 7 and 8, but in respect of the 'iron dry  cotton' and 'easy care textiles' programmes. These lines may be omitted if there is no such cycle  on the machines in question. 10. Suppliers may include the information in points 5 to 8 in respect of other drying cycles. 11. The average annual consumption of energy (and water if applicable) based on the drying of 150  kg using 'dry cotton', plus 280 kg using 'iron-dry' cotton, plus 150 kg using 'easy care' textile  programmes. This shall be expressed as 'estimated annual consumption for a four person household  normally using a drier'. 12. The type of appliance, air vented or condensing, in accordance with test procedures of the  harmonized standards referred to in Article 1 (2), (Annex I note VII). 13. Where applicable, 'noise' in accordance with Directive 86/594/EEC. If a copy of the label, either in colour or black and white, is included in the fiche, only the  further information included in the fiche needs to be included. Note: The equivalent terms in other languages to those described above are given in Annex V.  ANNEX III MAIL ORDER AND OTHER DISTANCE SELLING Mail order catalogues and other printed  communications referred to in Article 2 (4) shall contain the following information, given in the  order specified: 1. Energy efficiency class (Annex II point 3)2. Energy consumption (Annex I note V)3. Capacity  (Annex I note VI)4. Water consumption per cycle (if applicable) (Annex II point 7)5. Estimated  annual consumption per household (Annex II point 11)6. Noise (Annex I note VIII). Where other information contained in the fiche is provided it shall be in the form defined in Annex  II and shall be included in the above table in the order defined for the fiche. Note: The equivalent terms in other languages to those described above are given in Annex V.  ANNEX IV ENERGY EFFICIENCY CLASS The energy efficiency class of an appliance shall be  defined in accordance with the following tables: >TABLE>>TABLE> ANNEX V >TABLE>


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31984L0531

Council Directive 84/531/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to appliances using gaseous fuels for instantaneous production of hot water for sanitary purposes

Official Journal L 300 , 19/11/1984 P. 0106 - 0110 Spanish special edition: Chapter 13 Volume 18 P. 0116  Portuguese special edition Chapter 13 Volume 18 P. 0116

+++++( 1 ) OJ NO C 134 , 16 . 6 . 1975 , P . 37 .  ( 2 ) OJ NO C 76 , 7 . 4 . 1975 , P . 37 .  ( 3 ) OJ NO C 270 , 26 . 11 . 1975 , P . 28 .  ( 4 ) SEE PAGE 95 OF THIS OFFICIAL JOURNAL .  COUNCIL DIRECTIVE OF 17 SEPTEMBER 1984 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO APPLIANCES USING GASEOUS FUELS FOR INSTANTANEOUS PRODUCTION OF HOT WATER FOR SANITARY PURPOSES ( 84/531/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 IN THE MEMBER STATES THE CONSTRUCTION AND INSPECTION OF APPLIANCES USING GASEOUS FUELS FOR INSTANTANEOUS PRODUCTION OF HOT WATER FOR SANITARY PURPOSES ARE SUBJECT TO MANDATORY PROVISIONS WHICH DIFFER FROM ONE MEMBER STATE TO ANOTHER AND CONSEQUENTLY HINDER TRADE IN THESE APPLIANCES ; WHEREAS IT IS THEREFORE NECESSARY TO APPROXIMATE THESE PROVISIONS ;  WHEREAS COUNCIL DIRECTIVE 84/530/EEC OF 17 SEPTEMBER 1984 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMMON PROVISIONS FOR APPLIANCES USING GASEOUS FUELS , SAFETY AND CONTROL DEVICES FOR THESE APPLIANCES AND METHODS OF SURVEILLANCE OF THEM ( 4 ) LAID DOWN IN PARTICULAR THE EEC TYPE-EXAMINATION AND EEC SURVEILLANCE PROCEDURES FOR THESE APPLIANCES ; WHEREAS IN ACCORDANCE WITH THAT DIRECTIVE IT IS NECESSARY TO LAY DOWN THE TECHNICAL REQUIREMENTS WITH WHICH APPLIANCES USING GASEOUS FUELS FOR INSTANTANEOUS PRODUCTION OF HOT WATER MUST COMPLY IN ORDER TO BE PLACED ON THE MARKET , CONNECTED TO THE DISTRIBUTION NETWORK AND PUT INTO SERVICE AFTER THEY HAVE BEEN SUBJECTED TO SURVEILLANCE AND THE PRESCRIBED MARKS HAVE BEEN AFFIXED TO THEM ;  WHEREAS IT IS ADVISABLE , WITH A VIEW TO THE MUTUAL EXCHANGE OF INFORMATION , THAT EACH MEMBER STATE SHOULD NOTIFY THE COMMISSION AND THE OTHER MEMBER STATES OF THE CONDITIONS UNDER WHICH FAMILIES OF GASES AND THEIR SUPPLY PRESSURES ARE DEFINED WITHIN ITS TERRITORY ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THIS DIRECTIVE SHALL APPLY TO THE FOLLOWING APPLIANCES USING GASEOUS FUELS FOR THE INSTANTANEOUS PRODUCTION OF HOT WATER :  - SMALL WATER HEATERS WITH A NOMINAL USEFUL OUTPUT OF LESS THAN 17 KW ,  - BATH WATER HEATERS WITH A NOMINAL USEFUL OUTPUT OF BETWEEN 17 AND 28 KW INCLUSIVE .  2 . FOR THE PURPOSES OF THIS DIRECTIVE , " APPLIANCE FOR THE INSTANTANEOUS PRODUCTION OF HOT WATER " MEANS ANY APPLIANCE IN WHICH THE HEATING OF WATER IS DIRECTLY ACTIVATED BY DRAWING OFF WATER AND THE OUTPUT TEMPERATURE OF THE HOT WATER IS LESS THAN 100* C .  3 . STORAGE APPLIANCES IN WHICH THE HOT WATER IS DIRECTLY STORED INSIDE THE ACTUAL APPLIANCE SHALL NOT BE COVERED .  ARTICLE 2  1 . FOR THE PURPOSES FOR THIS DIRECTIVE , " EEC-TYPE APPLIANCE " MEANS ANY APPLIANCE WHICH SATISFIES THE REQUIREMENTS OF THE ANNEX TO THIS DIRECTIVE AND OF DIRECTIVE 84/530/EEC AND WHICH ACCORDINGLY BEARS THE EEC MARK OF CONFORMITY REFERRED TO IN ARTICLE 5 .  PURSUANT TO DIRECTIVE 84/530/EEC , EEC-TYPE APPLIANCES , EQUIPPED WITH THEIR SAFETY AND CONTROL DEVICES , MUST HAVE SATISFACTORILY UNDERGONE EEC-TYPE EXAMINATION AND SHALL BE SUBJECT TO EEC SURVEILLANCE .  EEC TYPE-EXAMINATION AND EEC SURVEILLANCE SHALL BE CARRIED OUT BY THE APPROVED BODIES IN ACCORDANCE WITH DIRECTIVE 84/530/EEC AND THE ANNEX TO THIS DIRECTIVE .  2 . THE PERIOD OF VALIDITY OF AN EEC TYPE-EXAMINATION CERTIFICATE ISSUED FOR THESE APPLIANCES SHALL BE FIVE YEARS FROM THE DATE ON WHICH THE PARTY CONCERNED IS NOTIFIED .  THIS PERIOD OF VALIDITY MAY BE EXTENDED FOR SUCCESSIVE PERIODS OF A MAXIMUM OF FIVE YEARS BY THE APPROVED BODY WHICH ISSUED THE CERTIFICATE .  ARTICLE 3  NO MEMBER STATE MAY , ON GROUNDS RELATING TO THE CONSTRUCTION OF AN EEC-TYPE APPLIANCE OR SURVEILLANCE THEREOF WITHIN THE MEANING OF DIRECTIVE 84/530/EEC AND OF THIS DIRECTIVE , REFUSE , SUBJECT TO THE CONDITIONS LAID DOWN IN ARTICLE 4 , PROHIBIT OR RESTRICT THE PLACING ON THE MARKET , CONNECTION TO THE DISTRIBUTION NETWORK OR PUTTING INTO SERVICE FOR A PURPOSE FOR WHICH IT IS INTENDED OF AN EEC-TYPE APPLIANCE .  MEMBER STATES SHALL IN PARTICULAR ENSURE THAT AUTHORITIES OR BODIES RESPONSIBLE FOR THE SUPPLY OF GAS , CONNECTION TO THE MAINS AND PUTTING INTO SERVICE OF SUCH APPLIANCES DO NOT IMPOSE UPON SUCH CONNECTION AND PUTTING INTO SERVICE ANY TECHNICAL CONDITIONS OTHER THAN THE FOLLOWING :  - CONNECTION AND PUTTING INTO SERVICE FOR A PURPOSE FOR WHICH THE APPLIANCE IS INTENDED ,  - COMPLIANCE WITH THE INSTALLATION REQUIREMENTS IN FORCE IN THE TERRITORY OF A MEMBER STATE .  ARTICLE 4  1 . APPLIANCES SHALL BE PLACED ON THE MARKET AND PUT INTO SERVICE FOR THE PURPOSE FOR WHICH THEY ARE INTENDED IN ACCORDANCE WITH THE CONDITIONS LAID DOWN BY EACH MEMBER STATE IN RESPECT OF THE CLAUSES OF STANDARD EN 26 REFERRED TO IN THE ANNEX , AS REGARDS :  - COMMERCIAL CATEGORIES OF APPLIANCES ( 6.1 ) ,  - GASES USED AND SUPPLY PRESSURES ( 6.2 ) ,  - GAS INLET CONNECTIONS ( 6.3 ) ,  - WATER INLET CONNECTIONS ( 6.4 ) ,  - PILOT-LIGHT FLAME FAILURE DEVICES ( 6.7 ) .  AFTER 31 DECEMBER 1984 THESE DEVICES SHALL BE MANDATORY FOR ALL EEC-TYPE APPLIANCES AND MEMBER STATES MAY NOT WITHHOLD APPROVAL OF APPLIANCES AFFORDING A DEGREE OF SAFETY AT LEAST EQUAL TO THAT REQUIRED IN STANDARD EN 26 REFERRED TO IN THE ANNEX , AND IN PARTICULAR 3.4.1 THEREOF .  2 . NO LATER THAN SIX MONTHS AFTER NOTIFICATION OF THIS DIRECTIVE , EACH MEMBER STATE SHALL INFORM THE COMMISSION AND THE OTHER MEMBER STATES OF THE CONDITIONS REFERRED TO IN PARAGRAPH 1 WHICH MUST BE MET WITHIN ITS TERRITORY .  3 . ( A ) EACH MEMBER STATE SHALL INFORM THE COMMISSION AND THE OTHER MEMBER STATES 18 MONTHS BEFOREHAND OF ANY AMENDMENTS TO THE CONDITIONS REFERRED TO IN PARAGRAPH 2 .  ( B ) AMENDMENTS CONCERNING :  - RULES GOVERNING THE CONNECTION OF GAS ,  - RULES GOVERNING THE CONNECTION OF WATER ,  - FLAME FAILURE DEVICES ,  MUST NOT RESULT IN THE APPLICATION , ON THE COMMUNITY MARKET , OF SOLUTIONS OTHER THAN THOSE PROVIDED FOR IN THE CORRESPONDING TABLES OF STANDARD EN 26 REFERRED TO IN THE ANNEX ( TABLES 14 , 15 AND 16 OF THE STANDARD ) .  ARTICLE 5  THE EEC MARK OF CONFORMITY PROVIDED FOR IN ARTICLE 7 ( 6 ) OF DIRECTIVE 84/530/EEC SHALL BE AFFIXED TO EACH APPLIANCE FOR WHICH AN EEC TYPE-EXAMINATION CERTIFICATE HAS BEEN GRANTED , EITHER BY THE MANUFACTURER OF THE APPLIANCE , OR BY THE PERSON RESPONSIBLE FOR PLACING IT ON THE MARKET , ACTING ON THEIR OWN RESPONSIBILITY .  ARTICLE 6  IN ADDITION TO COMPLYING WITH SECTION 1 OF ANNEX I TO DIRECTIVE 84/530/EEC , APPLICANTS FOR EEC TYPE-EXAMINATION CERTIFICATES SHALL BE REQUIRED TO SUBMIT :  - TECHNICAL SCHEDULES AS PROVIDED FOR IN 4.10.2 OF STANDARD EN 26 REFERRED TO IN THE ANNEX ,  - A NUMBER OF APPLIANCES REPRESENTATIVE OF THE SERIES SUFFICIENT TO SATISFY THE REQUIREMENTS OF THE APPROVED BODY .  ARTICLE 7  ANY AMENDMENTS NECESSARY TO ADAPT THE ANNEX AND ARTICLES 4 ( 1 ) AND 6 OF THIS DIRECTIVE TO TECHNICAL PROGRESS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 19 OF DIRECTIVE 84/530/EEC .  ARTICLE 8  1 . WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 4 ( 1 ) , THE MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE SO THAT THEY TAKE EFFECT ON THE SAME DATE AS THOSE INTRODUCED PURSUANT TO THE DIRECTIVE ADAPTING FOR THE FIRST TIME THE ANNEX TO THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  2 . THE MEMBER STATES SHALL ENSURE THAT THE TEXTS OF ANY PROVISIONS OF NATIONAL LAW THAT THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE ARE COMMUNICATED TO THE COMMISSION .  ARTICLE 9  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 17 SEPTEMBER 1984 .  FOR THE COUNCIL  THE PRESIDENT  P . BARRY  ANNEX  1 . THE APPLIANCES REFERRED TO IN ARTICLE 1 OF THE DIRECTIVE MUST SATISFY THE REQUIREMENTS OF STANDARD EN 26 OF SEPTEMBER 1977 , EDITION NO 3 , ON GAS-BURNING APPLIANCES FOR INSTANTANEOUS PRODUCTION OF HOT WATER AS ADOPTED BY THE EUROPEAN COMMITTEE FOR STANDARDIZATION WITH THE EXCEPTION OF CLAUSES 5.2 AND 6.5 , HEREINAFTER REFERRED TO AS STANDARD EN 26 .  HOWEVER , THE NOMINAL USEFUL OUTPUT FOR THE WATER HEATERS REFERRED TO IN 1.4.3 OF STANDARD EN 26 SHALL BE BETWEEN 8 AND 10 KW .  2 . DATA PLATE  THE DATA PLATE , WHICH SHALL BE AFFIXED TO EACH APPLIANCE , SHALL BEAR THE PARTICULARS GIVEN BELOW :  EXAMPLE  CHAUFFE-EAU - WATER HEATER - WARMWASSERBEREITER SCALDACQUA - WARMWATERTOESTEL - VANDVARMER - ] ( . . . ) ( 1 )  + ( 2 ) * II12 HL ( 3 ) * 8,7 KW ( 4 )  NAME AND ADDRESS ( 5 ) :  NO 8355 SE ( 6 ) * B ( 7 ) * 13 BARS ( 8 )  025 20 MBAR ( 9 ) * 20 MBAR ( 10 )  THE DATA PLATE SHALL BE DIVIDED INTO TWO SECTIONS IN SUCH A WAY THAT THE FOLLOWING PARTICULARS APPEAR :  ( A ) IN THE UPPER SECTION :  ( 1 ) THE DENOMINATION UNDER WHICH THE APPLIANCE IS SUBMITTED FOR EEC TYPE-EXAMINATION ;  ( 2 ) THE EEC MARK OF CONFORMITY ;  ( 3 ) THE CATEGORY OF APPLIANCE ;  ( 4 ) THE NOMINAL USEFUL OUTPUT OF THE APPLIANCE EXPRESSED IN KW ;  ( B ) IN THE LOWER SECTION :  ( 5 ) NAME AND ADDRESS OF THE MANUFACTURER OR OF THE PERSON RESPONSIBLE FOR PLACING THE APPLIANCE ON THE MARKET ;  ( 6 ) MANUFACTURER'S SERIAL NUMBER ;  ( 7 ) THE TYPE OF APPLIANCE ;  ( 8 ) THE MAXIMUM WATER SUPPLY PRESSURE , EXPRESSED IN BARS , AT WHICH THE APPLIANCE MAY BE USED ;  ( 9 ) THE GAS SUPPLY PRESSURE FOR THE THIRD FAMILY , EXPRESSED IN MBAR ;  ( 10 ) THE GAS PRESSURE FOR WHICH THE APPLIANCE HAS BEEN SET BY THE MANUFACTURER , AT ONE OF THE PRESSURE LISTED IN 6.2 OF STANDARD EN 26 , WHERE THIS GAS BELONGS TO THE THIRD FAMILY , EXPRESSED IN MBAR .  3 . THE APPLIANCES SHALL BE ACCOMPANIED BY THE DIRECTIONS REFERRED TO IN 5.3 OF STANDARD EN 26 , TAKING INTO ACCOUNT THE CONDITIONS LAID DOWN IN ARTICLE 4 ( 1 ) ( CONNECTION OF GAS AND WATER , PILOT-LIGHT FLAME FAILURE DEVICE ) .  4 . PROCEDURES AND ARRANGEMENTS FOR CARRYING OUT EEC SURVEILLANCE  AT LEAST ONE APPLIANCE MUST BE SUBJECTED TO EEC SURVEILLANCE EACH YEAR .  PURSUANT TO ARTICLE 14 ( 3 ) OF DIRECTIVE 84/530/EEC , THE COSTS WHICH THE MANUFACTURER IS REQUIRED TO BEAR AS A RESULT OF EEC SURVEILLANCE CARRIED OUT AT ANY STAGE IN THE MARKETING PROCESS ONCE THE APPLIANCE HAS LEFT THE DESIGNATED PLACE OF MANUFACTURE OR WAREHOUSING SHALL BE LIMITED TO THOSE ARISING OUT OF THE SAMPLING AND EXAMINING OF A MAXIMUM OF 0,1 % OF THE MANUFACTURER'S ANNUAL PRODUCTION OF THE APPLIANCES CONCERNED .


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31992L0078

Council Directive 92/78/EEC of 19 October 1992 amending Directives 72/464/EEC and 79/32/EEC on taxes other than turnover taxes which are levied on the consumption of manufactured tobacco

Official Journal L 316 , 31/10/1992 P. 0005 - 0007 Finnish special edition: Chapter 9 Volume 2 P. 0084  Swedish special edition: Chapter 9 Volume 2 P. 0084

COUNCIL DIRECTIVE 92/78/EEC  of 19 October 1992  amending Directives 72/464/EEC and 79/32/EEC on taxes other than turnover taxes which are levied on the consumption of manufactured tobaccoTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 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 Directive 72/464/EEC (4) lays down general provisions concerning excise duties on manufactured tobacco and special provisions concerning the structure of excise duties applicable to cigarettes;  Whereas Directive 79/32/EEC (5) laid down the definitions of the various groups of manufactured tobacco;  Whereas the definition of manufactured tobacco should no longer extend to snuff and chewing tobacco;  Whereas in Article 3 (1) of Directive 72/464/EEC and in Article 1 (1) of Directive 79/32/EEC a distinction needs to be made between fine-cut tobacco for the rolling of cigarettes and other smoking tobacco;  Whereas in Article 4 (1) and 6 (2) of Directive 72/464/EEC the concept of import and release for consumption needs to be modified in connection with the abolition of fiscal frontiers;  Whereas in Article 5 (1) of Directive 72/464/EEC a manufacturer needs to be defined as a natural or legal person who actually prepares tobacco products and sets the maximum retail selling price for each of the Member States for which the products in  question are to be released for consumption;  Whereas a majority of Member States grant exemptions from excise duty or make refunds of excise duty in respect of certain types of manufactured tobacco depending on the use which is made of them, and whereas the exemptions or refunds for particular  uses need to be specified in this Directive;  Whereas the definitions of tobacco products are all-embracing and therefore the reference to subheading 24.02 E of the Common Customs Tariff should be deleted from Article 2 (3) and (4) of Directive 79/32/EEC;  Whereas rolls of tobacco capable of being smoked as they are after simple handling should also be deemed to be cigarettes for the purposes of uniform taxation of these products;  Whereas Germany should be authorized to tax rolls at least at the rate or amount applicable to fine-cut tobacco for the rolling of cigarettes until 31 December 1998 at the latest;  Whereas Articles 5, 6, 7 (3) and 8 of Directive 79/32/EEC have lapsed and should be deleted,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 72/464/EEC is hereby amended as follows:  1. Article 2 shall be deleted;  2. Article 3 shall be amended as follows:  (a) point (c) of paragraph 1 shall be replaced by the following:  '(c) smoking tobacco:  - fine-cut tobacco for the rolling of cigarettes,  - other smoking tobacco';  (b) points (d) and (e) shall be deleted;  3. Article 4 (1) shall be amended as follows:  the phrase 'national and imported cigarettes' shall be replaced by 'cigarettes manufactured in the Community and those imported from non-member countries';  4. Article 5 (1) shall be replaced by the following:  '1. Manufacturers established in the Community, or, where appropriate, their representatives or authorized agents in the Community and importers of tobacco from non-member countries shall be free to determine the maximum retail selling price for each of  their products for each Member State for which the products in question are to be released for consumption. This provision may not, however, hinder implementation of the national systems of legislation regarding the control of price levels or the  observance of imposed prices, provided that they are compatible with Community legislation. A natural or legal person who converts tobacco into manufactured products prepared for retail sale shall be deemed to be a manufacturer.';  5. In Article 6 (2), the word 'national' shall be deleted;  6. the following Article shall be inserted:  'Article 6a  The following may be exempted from excise duty or excise duty already paid on them may be refunded:  (a) denatured manufactured tobacco used for industrial or horticultural purposes;  (b) manufactured tobacco which is destroyed under administrative supervision;  (c) manufactured tobacco which is solely intended for scientific tests and for tests connected with product quality;  (d) manufactured tobacco which is re-worked by the producer.  Member States shall determine the conditions and formalities to which the abovementioned exemptions or refunds are subject.';  7. Article 10b (5) shall be replaced by the following:  '5. Member States may levy a minimum excise duty on cigarettes and on fine-cut tobacco for the rolling of cigarettes, provided that this does not have the effect of raising the total tax to more than 90 % of the total tax on the most popular price  category of cigarettes or the most popular price category of fine-cut tobacco for the rolling of cigarettes respectively.';  8. Article 12 (1) shall be amended as follows:  'Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1973. They shall immediately inform the Commission thereof.'  Article 2  Council Directive 79/32/EEC is hereby amended as follows:  1. Article 1 shall be amended as follows:  (a) point (c) of paragraph 1 shall be replaced by the following:  '(c) smoking tobacco:  - fine-cut tobacco for the rolling of cigarettes,  - other smoking tobacco';  (b) points (d) and (e) shall be deleted;  2. Article 2 shall be amended as follows:  (a) in point 3, the words 'falling within subheading 24.02 E of the Common Customs Tariff' shall be deleted;  (b) in point 4, the words 'falling within subheading 24.02 E of the Common Customs Tariff' shall be deleted;  3. Article 3 (1) shall be replaced by the following:  '1. The following shall be deemed to be cigarettes:  (a) rolls of tobacco capable of being smoked as they are and which are not cigars or cigarillos within the meaning of Article 2;  (b) rolls of tobacco which, by simple non-industrial handling, are inserted into cigarette-paper tubes;  (c) rolls of tobacco which, by simple non-industrial handling, are wrapped in cigarette paper.  Until 31 December 1998, the Federal Republic of Germany shall be authorized to tax the rolls of tobacco referred to in (b) at least at the rate or amount applicable to fine-cut tobacco for the rolling of cigarettes.';  4. The following Article shall be inserted:  'Article 4a  Smoking tobacco as defined in Article 4 in which more than 25 % by weight of the tobacco particles have a cut width of less than 1 millimetre shall be deemed to be fine-cut tobacco for the rolling of cigarettes. Member States which do not apply this cut  width of 1 millimetre on 1 January 1993 shall have until 31 December 1997 to comply with this provision.  Member States may also deem smoking tobacco in which more than 25 % by weight of the tobacco particles have a cut width of more than 1 millimetre and which was sold or intended to be sold for the rolling of cigarettes to be fine-cut tobacco for the  rolling of cigarettes.';  5. Articles 5, 6, 7 (3) and 8 shall be deleted;  6. Article 9 shall be amended as follows:  (a) in paragraph 1, the figure '1' shall be deleted;  (b) paragraphs 2 and 3 shall be deleted.  Article 3  1. The Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 31 December 1992. They shall forthwith inform the Commission thereof.  When the Member States adopt such provisions 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 the Member  States.  2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.  Article 4  This Directive is addressed to the Member States. Done at Luxembourg, 19 October 1992. For the Council  The President  J. COPE   (1) OJ No C 322, 21. 12. 1990, p. 16. (2) OJ No C 94, 13. 9. 1992, p. 33. (3) OJ No C 69, 18. 3. 1991, p. 25. (4) OJ No L 303, 31. 12. 1972, p. 1. Last amended by Directive 86/246/EEC (OJ No L 164, 20. 6. 1986, p. 26). (5) OJ No L 10, 16. 1.  1979, p. 8. Amended by Directive 80/369/EEC (OJ No L 90, 3. 4. 1980, p. 42) and by the Act of Accession of Spain and Portugal.