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31990L0435

Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States

Official Journal L 225 , 20/08/1990 P. 0006 - 0009 Finnish special edition: Chapter 9 Volume 2 P. 0025  Swedish special edition: Chapter 9 Volume 2 P. 0025

COUNCIL DIRECTIVE of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (90/435/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 of 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 grouping together of companies of different Member States may be necessary in order to create within the Community conditions analogous to those of an internal market and in order thus to ensure the establishment and effective functioning of  the common market; whereas such operations ought not to be hampered by restrictions, disadvantages or distortions arising in particular from the tax provisions of the Member States; whereas it is therefore necessary to introduce with respect to such  grouping together of companies of different Member States, tax rules which are neutral from the point of view of competition, in order to allow enterprises to adapt to the requirements of the common market, to increase their productivity and to improve  their competitive strength at the international level;  Whereas such grouping together may result in the formation of groups of parent companies and subsidiaries;  Whereas the existing tax provisions which govern the relations between parent companies and subsidiaries of different Member States vary appreciably from one Member State to another and are generally less advantageous than those applicable to parent  companies and subsidiaries of the same Member State; whereas cooperation between companies of different Member States is thereby disadvantaged in comparison with cooperation between companies of the same Member State; whereas it is necessary to  eliminate this disadvantage by the introduction of a common system in order to facilitate the grouping together of companies;  Whereas where a parent company by virtue of its association with its subsidiary receives distributed profits, the State of the parent company must:  - either refrain from taxing such profits,   - or tax such profits while authorizing the parent company to deduct from the amount of tax due that fraction of the corporation tax paid by the subsidiary which relates to those profits;  Whereas it is furthermore necessary, in order to ensure fiscal neutrality, that the profits which a subsidiary distributes to its parent company be exempt from withholding tax; whereas, however, the Federal Republic of Germany and the Hellenic Republic,  by reason of the particular nature of their corporate tax systems, and the Portuguese Republic, for budgetary reasons, should be authorized to maintain temporarily a withholding tax,  HAS ADOPTED THIS DIRECTIVE:   Article 1 1.  Each Member State shall apply this Directive:  - to distributions of profits received by companies of that State which come from their subsidiaries of other Member States,  - to distributions of profits by companies of that State to companies of other Member States of which they are subsidiaries.  2.  This Directive shall not preclude the application of domestic or agreement-based provisions required for the prevention of fraud or abuse. Article 2 For the purposes of this Directive 'company of a Member State' shall mean any company which:  (a)  takes one of the forms listed in the Annex hereto;  (b) according to the tax laws of a Member State is considered to be resident in that State for tax purposes and, under the terms of a double taxation agreement concluded with a third State, is not considered to be resident for tax purposes outside the  Community;  (c) moreover, is subject to one of the following taxes, without the possibility of an option or of being exempt:  - impôt des sociétés/vennootschapsbelasting in Belgium,  - selskabsskat in Denmark,  - Koerperschaftsteuer in the Federal Republic of Germany,  - foros eisodimatos nomikon prosopon kerdoskopikoy charaktira in Greece,  - impuesto sobre sociedades in Spain,  - impôt sur les sociétés in France,  - corporation tax in Ireland,  - imposta sul reddito delle persone giuridiche in Italy,  - impôt sur le revenu des collectivités in Luxembourg,  - vennootschapsbelasting in the Netherlands,  - imposto sobre o rendimento das pessoas colectivas in Portugal,  - corporation tax in the United Kingdom,  or to any other tax which may be substituted for any of the above taxes. Article 3 1.  For the purposes of applying this Directive,  (a)  the status of parent company shall be attributed at least to any company of a Member State which fulfils the conditions set out in Article 2 and has a minimum holding of 25 % in the capital of a company of another Member State fulfilling the same  conditions;  (b)  'subsidiary' shall mean that company the capital of which includes the holding referred to in (a).  2.  By way of derogation from paragraph 1, Member States shall have the option of:  - replacing, by means of bilateral agreement, the criterion of a holding in the capital by that of a holding of voting rights,  - not applying this Directive to companies of that Member State which do not maintain for an uninterrupted period of at least two years holdings qualifying them as parent companies or to those of their companies in which a company of another Member  State does not maintain such a holding for an uninterrupted period of at least two years. Article 4 1.  Where a parent company, by virtue of its association with its subsidiary, receives distributed profits, the State of the parent company shall, except when the latter is liquidated, either:  - refrain from taxing such profits, or - tax such profits while authorizing the parent company to deduct from the amount of tax due that fraction of the corporation tax paid by the subsidiary which relates to those profits and, if appropriate, the amount of the withholding tax levied by the  Member State in which the subsidiary is resident, pursuant to the derogations provided for in Article 5, up to the limit of the amount of the corresponding domestic tax.  2.  However, each Member State shall retain the option of providing that any charges relating to the holding and any losses resulting from the distribution of the profits of the subsidiary may not be deducted from the taxable profits of the parent  company. Where the management costs relating to the holding in such a case are fixed as a flat rate, the fixed amount may not exceed 5 % of the profits distributed by the subsidiary.  3.  Paragraph 1 shall apply until the date of effective entry into force of a common system of company taxation.  The Council shall at the appropriate time adopt the rules to apply after the date referred to in the first subparagraph. Article 5 1.  Profits which a subsidiary distributed to its parent company shall, at least where the latter holds a minimum of 25 % of the capital of the subsidiary, be exempt from withholding tax.  2.  Notwithstanding paragraph 1, the Hellenic Republic may, for so long as it does not charge corporation tax on distributed profits, levy a withholding tax on profits distributed to parent companies of other Member States. However, the rate of that  withholding tax must not exceed the rate provided for in bilateral double-taxation agreements.  3.  Notwithstanding paragraph 1, the Federal Republic of Germany may, for as long as it charges corporation tax on distributed profits at a rate at least 11 points lower than the rate applicable to retained profits, and at the latest until mid-1996,  impose a compensatory withholding tax of 5 % on profits distributed by its subsidiary companies.  4.  Notwithstanding paragraph 1, the Portuguese Republic may levy a withholding tax on profits distributed by its subsidiaries to parent companies of other Member States until a date not later than the end of the eighth year following the date of  application of this Directive.  Subject to the existing bilateral agreements concluded between Portugal and a Member State, the rate of this withholding tax may not exceed 15 % during the first five years and 10 % during the last three years of that period.  Before the end of the eighth year the Council shall decide unanimously, on a proposal from the Commission, on a possible extension of the provisions of this paragraph. Article 6 The Member State of a parent company may not charge withholding tax on the profits which such a company receives from a subsidiary.  Article 7 1.  The term 'withholding tax' as used in this Directive shall not cover an advance payment or prepayment (précompte) of corporation tax to the Member State of the subsidiary which is made in connection with a distribution of profits to its  parent company.  2.  This Directive shall not affect the application of domestic or agreement-based provisions designed to eliminate or lessen economic double taxation of dividends, in particular provisions relating to the payment of tax credits to the recipients of  dividends. Article 8 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive before 1 January 1992. They shall forthwith inform the Commission thereof.  2.  Member States shall ensure that the texts of the main provisions of domestic law which 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, 23 July 1990. For the Council The President G. CARLI  (1) OJ No C 39, 22. 3. 1969, p. 7 and Amendment transmitted on 5 July 1985.(2)  OJ No C 51, 29. 4. 1970, p. 6.(3)  OJ No C 100, 1. 8. 1969, p. 7.   ANNEX   List of companies referred to in Article 2 (a)  (a)  companies under Belgian law known as 'société anonyme' / 'naamloze vennootschap', 'société en commandite par actions' / 'commanditaire vennootschap op aandelen', 'société privée à responsabilité limitée' / 'besloten vennootschap met beperkte  aansprakelijkheid' and those public law bodies that operate under private law;  (b) companies under Danish law known as: 'aktieselskab', 'anpartsselskab';  (c) companies under German law known as: 'Aktiengesellschaft', 'Kommanditgesellschaft auf Aktien', 'Gesellschaft mit beschraenkter Haftung', 'bergrechtliche Gewerkschaft';  (d) companies under Greek law known as: 'anonymi etairia';  (e) companies under Spanish law known as: 'sociedad anónima', 'sociedad comanditaria por acciones', 'sociedad de responsabilidad limitada' and those public law bodies which operate under private law;  (f) companies under French law known as 'société anonyme', 'société en commandite par actions', 'société à responsabilité limitée' and industrial and commercial public establishments and undertakings;  (g) the companies in Irish law known as public companies limited by shares or by guarantee, private companies limited by shares or by guarantee, bodies registered under the Industrial and Provident Societies Acts or building societies registered under the  Building Societies Acts;  (h) companies under Italian law known as 'società per azioni', 'società in accomandita per azioni', 'società a responsabilità limitata', and public and private entities carrying on industrial and commercial activities;  (i) companies under Luxembourg law known as 'société anonyme', 'société en commandite par actions', 'société à responsabilité limitée';  (j) companies under Dutch law known as: 'naamloze vennootschap', 'besloten vennootschap met beperkte aansprakelijkheid';  (k) commercial companies or civil law companies having a commercial form cooperatives and public undertakings incorporated in accordance with Portuguese law;  (l) companies incorporated under the law of the United Kingdom.


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31985L0444

Council Directive 85/444/EEC of 27 September 1985 amending Council Directive 83/129/EEC concerning the importation into Member States of skins of certain seal pups and products derived therefrom

Official Journal L 259 , 01/10/1985 P. 0070 - 0070 Spanish special edition: Chapter 15 Volume 6 P. 0093  Portuguese special edition Chapter 15 Volume 6 P. 0093

*****COUNCIL  DIRECTIVE  of 27 September 1985  amending Council Directive 83/129/EEC concerning the importation into Member States of skins of certain seal pups and products derived therefrom  (85/444/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Directive 83/129/EEC (1), and in particular Article 2 thereof,  Having regard to the proposal from the Commission,  Whereas Directive 83/129/EEC provides that Member States shall take or maintain all necessary measures to ensure that the products listed in the Annex thereto are not commercially imported into their territories;  Whereas Directive 83/129/EEC expires on 1 October 1985;  Whereas the European Parliament has adopted a resolution requesting a prolongation of Directive 83/129/EEC;  Whereas the negative consequences to be expected from expiry of Directive 83/129/EEC should, in the interest of all parties concerned, be avoided; whereas, although the Inuits' traditional hunting is in itself compatible with a constant increase in the harp and hooded seal populations, doubts still exist on the effects of non-traditional hunting on the conservation of those species;  Whereas in accordance with Article 2 of Directive 83/129/EEC, the Commission sent a report to the Council on 26 August 1983, followed by a supplementary report on 14 June 1985;  Whereas Directive 83/129/EEC should be amended so that it remains applicable after 1 October 1985;  Whereas it will be necessary to review the situation on the basis of a report that the Commission will submit to the Council by 1 October 1987 at the latest, together with, where necessary, appropriate proposals, it being understood that this report will concern itself in particular with, on the one hand, the developments in scientific data on the conservation and the population status of harp and hooded seals and, on the other hand, the development, which on the basis of information available is negative, of the market in seal skins derived from the Inuits' traditional hunting and of the market in other seal skins which are also excluded from the scope of Directive 83/129/EEC,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 2 of Directive 83/129/EEC the date '1 October 1985' is replaced by '1 October 1989'.  Article 2  This Directive is addressed to the Member States.  Done at Luxembourg, 27 September 1985.  For the Council  The President  R. STEICHEN  (1) OJ No L 91, 9. 4. 1983, p. 30.


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32001L0111

Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption

Official Journal L 010 , 12/01/2002 P. 0053 - 0057

Council Directive 2001/111/ECof 20 December 2001relating to certain sugars intended for human consumptionTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 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:(1) Certain vertical Directives relating to foodstuffs should be simplified in order to take account only of the essential requirements to be met by the products they cover in order that those products may move freely within the internal market, in accordance with the conclusions of the European Council held in Edinburgh on 11 and 12 December 1992, as confirmed by those of the European Council in Brussels on 10 and 11 December 1993.(2) Council Directive 73/437/EEC of 11 December 1973 on the approximation of the laws of the Member States concerning certain sugars intended for human consumption(4) was justified by the fact that differences between national laws on certain categories of sugar could result in conditions of unfair competition likely to mislead consumers, and thereby have a direct effect on the establishment and functioning of the common market.(3) Directive 73/437/EEC was consequently designed to lay down definitions and common rules on the manufacturing characteristics, packaging and labelling of the products concerned so as to ensure their free movement within the Community.(4) The Commission intends to propose, as quickly as possible, and at all events before 1 July 2000, the inclusion in Council Directive 80/232/EEC of 15 January 1980 on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain prepackaged products(5) of a range of nominal weights of the products covered by this Directive.(5) Directive 73/437/EEC should be recast in order to make the rules on manufacturing and marketing conditions relating to certain sugars intended for human consumption more accessible and, furthermore, in order to bring it into line with general Community legislation on foodstuffs, particularly legislation on labelling, colouring matter and other authorised additives, extraction solvents and methods of analysis.(6) The general food-labelling rules laid down in Directive 2000/13/EC of the European Parliament and of the Council(6) should apply subject to certain conditions.(7) In accordance with the principles of subsidiarity and proportionality established by Article 5 of the Treaty, the objective of laying down common definitions and rules for the products concerned and bringing the provisions into line with general Community legislation on foodstuffs cannot be sufficiently achieved by the Member States and can therefore, by reason of the nature of this Directive, be better achieved by the Community. This Directive does not go beyond what is necessary in order to achieve the said objective.(8) 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(7).(9) To avoid creating new barriers to free movement, Member States should refrain from adopting, for the products in question, national provisions not provided for by this Directive,HAS ADOPTED THIS DIRECTIVE:Article 1This Directive shall apply to the products defined in Part A of the Annex.However, this Directive shall not apply to the products defined in Part A of the Annex when they take the following forms: icing sugars, candy sugars, sugars in loaf form.Article 2Directive 2000/13/EC shall apply to the products defined in Part A of the Annex hereto subject to the following conditions and derogations:1. Without prejudice to point 5 below, the product names listed in Part A of the Annex shall apply only to the products referred to therein and shall be used in trade to designate them.The product name referred to in point 2 of Part A of the Annex may also be used to designate the product referred to in point 3 thereof.However,- the products defined in Part A of the Annex may, in addition to the compulsory product name, also bear qualifying terms commonly used in the various Member States;- the product names may also be used in product names made up to designate other products, in accordance with custom,provided that such names are not liable to mislead the consumer.2. For pre-packaged products weighing less than 20 g, the net weight need not be indicated on the labelling.3. The labelling shall indicate the dry matter and invert sugar content of sugar solution, invert sugar solution and invert sugar syrup.4. The labelling shall include the qualifying term "crystallised" for invert sugar syrup incorporating crystals in the solution.5. Where the products referred to in points 7 and 8 of Part A of the Annex contain fructose in proportions greater than 5 % on a dry matter basis, they shall, in respect of their product name and as ingredients, be labelled as "glucose-fructose syrup" or "fructose-glucose syrup" and "dried glucose-fructose syrup" or "dried fructose-glucose syrup", respectively, to reflect whether the glucose component or the fructose component is in greater proportion.Article 3For the products defined in the Annex, Member States shall not adopt national provisions not provided for by this Directive.Article 4The measures necessary for the implementation of this Directive relating to the matters referred to below shall be adopted in accordance with the regulatory procedure set out in Article 5(2):- bringing this Directive into line with general Community legislation on foodstuffs,- adaptations to technical progress.Article 51. The Commission shall be assisted by the Standing Committee on Foodstuffs (hereinafter referred to as "the Committee") set up by Article 1 of Decision 69/414/EEC(8).2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 6Directive 73/437/EEC is hereby repealed with effect from 12 July 2003.References to the repealed Directive shall be construed as references to this Directive.Article 7Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 12 July 2003. They shall forthwith inform the Commission thereof.The measures shall be applied so as to:- authorise the marketing of the products defined in Part A of the Annex if they conform to the definitions and rules laid down in this Directive, with effect from 12 July 2003;- prohibit the marketing of products which fail to conform to this Directive, with effect from 12 July 2004;However, the marketing of products which fail to conform to this Directive but which were labelled before 12 July 2004 in accordance with Directive 73/437/EEC shall be permitted until stocks run out.When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be adopted by Member States.Article 8This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 9This Directive is addressed to the Member States.Done at Brussels, 20 December 2001.For the CouncilThe PresidentC. Picqué(1) OJ C 231, 9.8.1996, p. 6.(2) OJ C 279, 1.10.1999, p. 90.(3) OJ C 56, 24.2.1997, p. 20.(4) OJ L 356, 27.12.1973, p. 71. Directive as amended by the 1985 Act of Accession.(5) OJ L 51, 25.2.1980, p. 1. Directive as last amended by Directive 87/356/EEC (OJ L 192, 11.7.1987, p. 48).(6) OJ L 109, 6.5.2000, p. 29.(7) OJ L 184, 7.7.1999, p. 23.(8) OJ L 291, 19.11.1969, p. 9.ANNEXA. PRODUCT NAMES AND DEFINITIONS1. Semi-white sugarPurified and crystallised sucrose of sound and fair marketable quality with the following characteristics:>TABLE>2. Sugar or white sugarPurified and crystallised sucrose of sound and fair marketable quality with the following characteristics:>TABLE>3. Extra-white sugarThe product having the characteristics referred to in point 2(a), (b) and (c) and in respect of which the total number of points determined according to the provisions of Part B does not exceed eight, and not more than:- four for the colour type,- six for the ash content,- three for the colour in solution.4. Sugar solution(1)The aqueous solution of sucrose with the following characteristics:>TABLE>5. Invert sugar solution(2)The aqueous solution of sucrose partially inverted by hydrolysis, in which the proportion of invert sugar does not predominate, with the following characteristics:>TABLE>6. Invert sugar syrup(3)The aqueous solution, which has possibly been crystallised, of sucrose that has been partly inverted via hydrolysis, in which the invert sugar content (fructose/dextrose quotient 1,0 ± 0,1), must exceed 50 % by weight of dry matter, but which must otherwise meet the requirements laid down in point 5(a) and (c).7. Glucose syrupThe purified and concentrated aqueous solution of nutritive saccharides obtained from starch and/or inulin, with the following characteristics:>TABLE>8. Dried glucose syrupPartially dried glucose syrup with at least 93 % by weight of dry matter, but which must otherwise meet the requirements laid down in point 7(b) and (c).9. Dextrose or dextrose monohydratePurified and crystallised D-glucose containing one molecule of water of crystallisation, with the following characteristics:>TABLE>10. Dextrose or dextrose anhydrousPurified and crystallised D-glucose not containing water of crystallisation, with at least 98 % by weight of dry matter, but which must otherwise meet the requirements laid down in point 9(a) and (c).11. FructosePurified crystallised D-fructose with the following characteristics:>TABLE>B. METHOD OF DETERMINING THE COLOUR TYPE, CONDUCTIVITY ASH CONTENT AND THE COLOUR IN SOLUTION OF SUGAR (WHITE) AND OF EXTRA-WHITE SUGAR DEFINED IN POINTS 2 AND 3 OF PART A"Point" corresponds:(a) in the case of the colour type, to 0,5 units, calculated by the method of the Brunswick Institute for Agricultural and Sugar Industry Technology, as set out in Chapter A, paragraph 2, of the Annex to Commission Regulation (EEC) No 1265/69 of 1 July 1969 establishing methods for determining the quality of sugar bought in by intervention agencies(4);(b) in the case of ash content, to 0,0018 % calculated by the method of the International Commission for Uniform Methods of Sugar Analysis (ICUMSA) as set out in Chapter A, paragraph 1, of the Annex to Regulation (EEC) No 1265/69;(c) in the case of the colour in solution, to 7,5 units calculated by the ICUMSA method as set out in Chapter A, paragraph 3, of the Annex to Regulation (EEC) No 1265/69.(1) The description "white" is reserved for:(a) sugar solution where the colour in solution does not exceed 25 ICUMSA units determined in accordance with the method specified in point (c) of Part B;(b) invert sugar solution and invert sugar syrup of which:- the conductivity ash content does not exceed 0,1 %,- the colour in solution does not exceed 25 ICUMSA units determined in accordance with the method specified in point (c) of Part B.(2) The description "white" is reserved for:(a) sugar solution where the colour in solution does not exceed 25 ICUMSA units determined in accordance with the method specified in point (c) of Part B;(b) invert sugar solution and invert sugar syrup of which:- the conductivity ash content does not exceed 0,1 %,- the colour in solution does not exceed 25 ICUMSA units determined in accordance with the method specified in point (c) of Part B.(3) The description "white" is reserved for:(a) sugar solution where the colour in solution does not exceed 25 ICUMSA units determined in accordance with the method specified in point (c) of Part B;(b) invert sugar solution and invert sugar syrup of which:- the conductivity ash content does not exceed 0,1 %,- the colour in solution does not exceed 25 ICUMSA units determined in accordance with the method specified in point (c) of Part B.(4) OJ L 163, 1.7.1969, p. 1.


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32003L0088

Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time

Official Journal L 299 , 18/11/2003 P. 0009 - 0019

Directive 2003/88/EC of the European Parliament and of the Councilof 4 November 2003concerning certain aspects of the organisation of working timeTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and Social Committee(1),Having consulted the Committee of the Regions,Acting in accordance with the procedure referred to in Article 251 of the Treaty(2),Whereas:(1) Council Directive 93/104/EC of 23 November 1993, concerning certain aspects of the organisation of working time(3), which lays down minimum safety and health requirements for the organisation of working time, in respect of periods of daily rest, breaks, weekly rest, maximum weekly working time, annual leave and aspects of night work, shift work and patterns of work, has been significantly amended. In order to clarify matters, a codification of the provisions in question should be drawn up.(2) Article 137 of the Treaty provides that the Community is to support and complement the activities of the Member States with a view to improving the working environment to protect workers' health and safety. Directives adopted on the basis of that Article are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.(3) The provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(4) remain fully applicable to the areas covered by this Directive without prejudice to more stringent and/or specific provisions contained herein.(4) The improvement of workers' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations.(5) All workers should have adequate rest periods. The concept of "rest" must be expressed in units of time, i.e. in days, hours and/or fractions thereof. Community workers must be granted minimum daily, weekly and annual periods of rest and adequate breaks. It is also necessary in this context to place a maximum limit on weekly working hours.(6) Account should be taken of the principles of the International Labour Organisation with regard to the organisation of working time, including those relating to night work.(7) Research has shown that the human body is more sensitive at night to environmental disturbances and also to certain burdensome forms of work organisation and that long periods of night work can be detrimental to the health of workers and can endanger safety at the workplace.(8) There is a need to limit the duration of periods of night work, including overtime, and to provide for employers who regularly use night workers to bring this information to the attention of the competent authorities if they so request.(9) It is important that night workers should be entitled to a free health assessment prior to their assignment and thereafter at regular intervals and that whenever possible they should be transferred to day work for which they are suited if they suffer from health problems.(10) The situation of night and shift workers requires that the level of safety and health protection should be adapted to the nature of their work and that the organisation and functioning of protection and prevention services and resources should be efficient.(11) Specific working conditions may have detrimental effects on the safety and health of workers. The organisation of work according to a certain pattern must take account of the general principle of adapting work to the worker.(12) A European Agreement in respect of the working time of seafarers has been put into effect by means of Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST)(5) based on Article 139(2) of the Treaty. Accordingly, the provisions of this Directive should not apply to seafarers.(13) In the case of those "share-fishermen" who are employees, it is for the Member States to determine, pursuant to this Directive, the conditions for entitlement to, and granting of, annual leave, including the arrangements for payments.(14) Specific standards laid down in other Community instruments relating, for example, to rest periods, working time, annual leave and night work for certain categories of workers should take precedence over the provisions of this Directive.(15) In view of the question likely to be raised by the organisation of working time within an undertaking, it appears desirable to provide for flexibility in the application of certain provisions of this Directive, whilst ensuring compliance with the principles of protecting the safety and health of workers.(16) It is necessary to provide that certain provisions may be subject to derogations implemented, according to the case, by the Member States or the two sides of industry. As a general rule, in the event of a derogation, the workers concerned must be given equivalent compensatory rest periods.(17) This Directive should not affect the obligations of the Member States concerning the deadlines for transposition of the Directives set out in Annex I, part B,HAVE ADOPTED THIS DIRECTIVE:CHAPTER 1SCOPE AND DEFINITIONSArticle 1Purpose and scope1. This Directive lays down minimum safety and health requirements for the organisation of working time.2. This Directive applies to:(a) minimum periods of daily rest, weekly rest and annual leave, to breaks and maximum weekly working time; and(b) certain aspects of night work, shift work and patterns of work.3. This Directive shall apply to all sectors of activity, both public and private, within the meaning of Article 2 of Directive 89/391/EEC, without prejudice to Articles 14, 17, 18 and 19 of this Directive.This Directive shall not apply to seafarers, as defined in Directive 1999/63/EC without prejudice to Article 2(8) of this Directive.4. The provisions of Directive 89/391/EEC are fully applicable to the matters referred to in paragraph 2, without prejudice to more stringent and/or specific provisions contained in this Directive.Article 2DefinitionsFor the purposes of this Directive, the following definitions shall apply:1. "working time" means any period during which the worker is working, at the employer's disposal and carrying out his activity or duties, in accordance with national laws and/or practice;2. "rest period" means any period which is not working time;3. "night time" means any period of not less than seven hours, as defined by national law, and which must include, in any case, the period between midnight and 5.00;4. "night worker" means:(a) on the one hand, any worker, who, during night time, works at least three hours of his daily working time as a normal course; and(b) on the other hand, any worker who is likely during night time to work a certain proportion of his annual working time, as defined at the choice of the Member State concerned:(i) by national legislation, following consultation with the two sides of industry; or(ii) by collective agreements or agreements concluded between the two sides of industry at national or regional level;5. "shift work" means any method of organising work in shifts whereby workers succeed each other at the same work stations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks;6. "shift worker" means any worker whose work schedule is part of shift work;7. "mobile worker" means any worker employed as a member of travelling or flying personnel by an undertaking which operates transport services for passengers or goods by road, air or inland waterway;8. "offshore work" means work performed mainly on or from offshore installations (including drilling rigs), directly or indirectly in connection with the exploration, extraction or exploitation of mineral resources, including hydrocarbons, and diving in connection with such activities, whether performed from an offshore installation or a vessel;9. "adequate rest" means that workers have regular rest periods, the duration of which is expressed in units of time and which are sufficiently long and continuous to ensure that, as a result of fatigue or other irregular working patterns, they do not cause injury to themselves, to fellow workers or to others and that they do not damage their health, either in the short term or in the longer term.CHAPTER 2MINIMUM REST PERIODS - OTHER ASPECTS OF THE ORGANISATION OF WORKING TIMEArticle 3Daily restMember States shall take the measures necessary to ensure that every worker is entitled to a minimum daily rest period of 11 consecutive hours per 24-hour period.Article 4BreaksMember States shall take the measures necessary to ensure that, where the working day is longer than six hours, every worker is entitled to a rest break, the details of which, including duration and the terms on which it is granted, shall be laid down in collective agreements or agreements between the two sides of industry or, failing that, by national legislation.Article 5Weekly rest periodMember States shall take the measures necessary to ensure that, per each seven-day period, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11 hours' daily rest referred to in Article 3.If objective, technical or work organisation conditions so justify, a minimum rest period of 24 hours may be applied.Article 6Maximum weekly working timeMember States shall take the measures necessary to ensure that, in keeping with the need to protect the safety and health of workers:(a) the period of weekly working time is limited by means of laws, regulations or administrative provisions or by collective agreements or agreements between the two sides of industry;(b) the average working time for each seven-day period, including overtime, does not exceed 48 hours.Article 7Annual leave1. Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.CHAPTER 3NIGHT WORK - SHIFT WORK - PATTERNS OF WORKArticle 8Length of night workMember States shall take the measures necessary to ensure that:(a) normal hours of work for night workers do not exceed an average of eight hours in any 24-hour period;(b) night workers whose work involves special hazards or heavy physical or mental strain do not work more than eight hours in any period of 24 hours during which they perform night work.For the purposes of point (b), work involving special hazards or heavy physical or mental strain shall be defined by national legislation and/or practice or by collective agreements or agreements concluded between the two sides of industry, taking account of the specific effects and hazards of night work.Article 9Health assessment and transfer of night workers to day work1. Member States shall take the measures necessary to ensure that:(a) night workers are entitled to a free health assessment before their assignment and thereafter at regular intervals;(b) night workers suffering from health problems recognised as being connected with the fact that they perform night work are transferred whenever possible to day work to which they are suited.2. The free health assessment referred to in paragraph 1(a) must comply with medical confidentiality.3. The free health assessment referred to in paragraph 1(a) may be conducted within the national health system.Article 10Guarantees for night-time workingMember States may make the work of certain categories of night workers subject to certain guarantees, under conditions laid down by national legislation and/or practice, in the case of workers who incur risks to their safety or health linked to night-time working.Article 11Notification of regular use of night workersMember States shall take the measures necessary to ensure that an employer who regularly uses night workers brings this information to the attention of the competent authorities if they so request.Article 12Safety and health protectionMember States shall take the measures necessary to ensure that:(a) night workers and shift workers have safety and health protection appropriate to the nature of their work;(b) appropriate protection and prevention services or facilities with regard to the safety and health of night workers and shift workers are equivalent to those applicable to other workers and are available at all times.Article 13Pattern of workMember States shall take the measures necessary to ensure that an employer who intends to organise work according to a certain pattern takes account of the general principle of adapting work to the worker, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate, depending on the type of activity, and of safety and health requirements, especially as regards breaks during working time.CHAPTER 4MISCELLANEOUS PROVISIONSArticle 14More specific Community provisionsThis Directive shall not apply where other Community instruments contain more specific requirements relating to the organisation of working time for certain occupations or occupational activities.Article 15More favourable provisionsThis Directive shall not affect Member States' right to apply or introduce laws, regulations or administrative provisions more favourable to the protection of the safety and health of workers or to facilitate or permit the application of collective agreements or agreements concluded between the two sides of industry which are more favourable to the protection of the safety and health of workers.Article 16Reference periodsMember States may lay down:(a) for the application of Article 5 (weekly rest period), a reference period not exceeding 14 days;(b) for the application of Article 6 (maximum weekly working time), a reference period not exceeding four months.The periods of paid annual leave, granted in accordance with Article 7, and the periods of sick leave shall not be included or shall be neutral in the calculation of the average;(c) for the application of Article 8 (length of night work), a reference period defined after consultation of the two sides of industry or by collective agreements or agreements concluded between the two sides of industry at national or regional level.If the minimum weekly rest period of 24 hours required by Article 5 falls within that reference period, it shall not be included in the calculation of the average.CHAPTER 5DEROGATIONS AND EXCEPTIONSArticle 17Derogations1. With due regard for the general principles of the protection of the safety and health of workers, Member States may derogate from Articles 3 to 6, 8 and 16 when, on account of the specific characteristics of the activity concerned, the duration of the working time is not measured and/or predetermined or can be determined by the workers themselves, and particularly in the case of:(a) managing executives or other persons with autonomous decision-taking powers;(b) family workers; or(c) workers officiating at religious ceremonies in churches and religious communities.2. Derogations provided for in paragraphs 3, 4 and 5 may be adopted by means of laws, regulations or administrative provisions or by means of collective agreements or agreements between the two sides of industry provided that the workers concerned are afforded equivalent periods of compensatory rest or that, in exceptional cases in which it is not possible, for objective reasons, to grant such equivalent periods of compensatory rest, the workers concerned are afforded appropriate protection.3. In accordance with paragraph 2 of this Article derogations may be made from Articles 3, 4, 5, 8 and 16:(a) in the case of activities where the worker's place of work and his place of residence are distant from one another, including offshore work, or where the worker's different places of work are distant from one another;(b) in the case of security and surveillance activities requiring a permanent presence in order to protect property and persons, particularly security guards and caretakers or security firms;(c) in the case of activities involving the need for continuity of service or production, particularly:(i) services relating to the reception, treatment and/or care provided by hospitals or similar establishments, including the activities of doctors in training, residential institutions and prisons;(ii) dock or airport workers;(iii) press, radio, television, cinematographic production, postal and telecommunications services, ambulance, fire and civil protection services;(iv) gas, water and electricity production, transmission and distribution, household refuse collection and incineration plants;(v) industries in which work cannot be interrupted on technical grounds;(vi) research and development activities;(vii) agriculture;(viii) workers concerned with the carriage of passengers on regular urban transport services;(d) where there is a foreseeable surge of activity, particularly in:(i) agriculture;(ii) tourism;(iii) postal services;(e) in the case of persons working in railway transport:(i) whose activities are intermittent;(ii) who spend their working time on board trains; or(iii) whose activities are linked to transport timetables and to ensuring the continuity and regularity of traffic;(f) in the circumstances described in Article 5(4) of Directive 89/391/EEC;(g) in cases of accident or imminent risk of accident.4. In accordance with paragraph 2 of this Article derogations may be made from Articles 3 and 5:(a) in the case of shift work activities, each time the worker changes shift and cannot take daily and/or weekly rest periods between the end of one shift and the start of the next one;(b) in the case of activities involving periods of work split up over the day, particularly those of cleaning staff.5. In accordance with paragraph 2 of this Article, derogations may be made from Article 6 and Article 16(b), in the case of doctors in training, in accordance with the provisions set out in the second to the seventh subparagraphs of this paragraph.With respect to Article 6 derogations referred to in the first subparagraph shall be permitted for a transitional period of five years from 1 August 2004.Member States may have up to two more years, if necessary, to take account of difficulties in meeting the working time provisions with respect to their responsibilities for the organisation and delivery of health services and medical care. At least six months before the end of the transitional period, the Member State concerned shall inform the Commission giving its reasons, so that the Commission can give an opinion, after appropriate consultations, within the three months following receipt of such information. If the Member State does not follow the opinion of the Commission, it will justify its decision. The notification and justification of the Member State and the opinion of the Commission shall be published in the Official Journal of the European Union and forwarded to the European Parliament.Member States may have an additional period of up to one year, if necessary, to take account of special difficulties in meeting the responsibilities referred to in the third subparagraph. They shall follow the procedure set out in that subparagraph.Member States shall ensure that in no case will the number of weekly working hours exceed an average of 58 during the first three years of the transitional period, an average of 56 for the following two years and an average of 52 for any remaining period.The employer shall consult the representatives of the employees in good time with a view to reaching an agreement, wherever possible, on the arrangements applying to the transitional period. Within the limits set out in the fifth subparagraph, such an agreement may cover:(a) the average number of weekly hours of work during the transitional period; and(b) the measures to be adopted to reduce weekly working hours to an average of 48 by the end of the transitional period.With respect to Article 16(b) derogations referred to in the first subparagraph shall be permitted provided that the reference period does not exceed 12 months, during the first part of the transitional period specified in the fifth subparagraph, and six months thereafter.Article 18Derogations by collective agreementsDerogations may be made from Articles 3, 4, 5, 8 and 16 by means of collective agreements or agreements concluded between the two sides of industry at national or regional level or, in conformity with the rules laid down by them, by means of collective agreements or agreements concluded between the two sides of industry at a lower level.Member States in which there is no statutory system ensuring the conclusion of collective agreements or agreements concluded between the two sides of industry at national or regional level, on the matters covered by this Directive, or those Member States in which there is a specific legislative framework for this purpose and within the limits thereof, may, in accordance with national legislation and/or practice, allow derogations from Articles 3, 4, 5, 8 and 16 by way of collective agreements or agreements concluded between the two sides of industry at the appropriate collective level.The derogations provided for in the first and second subparagraphs shall be allowed on condition that equivalent compensating rest periods are granted to the workers concerned or, in exceptional cases where it is not possible for objective reasons to grant such periods, the workers concerned are afforded appropriate protection.Member States may lay down rules:(a) for the application of this Article by the two sides of industry; and(b) for the extension of the provisions of collective agreements or agreements concluded in conformity with this Article to other workers in accordance with national legislation and/or practice.Article 19Limitations to derogations from reference periodsThe option to derogate from Article 16(b), provided for in Article 17(3) and in Article 18, may not result in the establishment of a reference period exceeding six months.However, Member States shall have the option, subject to compliance with the general principles relating to the protection of the safety and health of workers, of allowing, for objective or technical reasons or reasons concerning the organisation of work, collective agreements or agreements concluded between the two sides of industry to set reference periods in no event exceeding 12 months.Before 23 November 2003, the Council shall, on the basis of a Commission proposal accompanied by an appraisal report, re-examine the provisions of this Article and decide what action to take.Article 20Mobile workers and offshore work1. Articles 3, 4, 5 and 8 shall not apply to mobile workers.Member States shall, however, take the necessary measures to ensure that such mobile workers are entitled to adequate rest, except in the circumstances laid down in Article 17(3)(f) and (g).2. Subject to compliance with the general principles relating to the protection of the safety and health of workers, and provided that there is consultation of representatives of the employer and employees concerned and efforts to encourage all relevant forms of social dialogue, including negotiation if the parties so wish, Member States may, for objective or technical reasons or reasons concerning the organisation of work, extend the reference period referred to in Article 16(b) to 12 months in respect of workers who mainly perform offshore work.3. Not later than 1 August 2005 the Commission shall, after consulting the Member States and management and labour at European level, review the operation of the provisions with regard to offshore workers from a health and safety perspective with a view to presenting, if need be, the appropriate modifications.Article 21Workers on board seagoing fishing vessels1. Articles 3 to 6 and 8 shall not apply to any worker on board a seagoing fishing vessel flying the flag of a Member State.Member States shall, however, take the necessary measures to ensure that any worker on board a seagoing fishing vessel flying the flag of a Member State is entitled to adequate rest and to limit the number of hours of work to 48 hours a week on average calculated over a reference period not exceeding 12 months.2. Within the limits set out in paragraph 1, second subparagraph, and paragraphs 3 and 4 Member States shall take the necessary measures to ensure that, in keeping with the need to protect the safety and health of such workers:(a) the working hours are limited to a maximum number of hours which shall not be exceeded in a given period of time; or(b) a minimum number of hours of rest are provided within a given period of time.The maximum number of hours of work or minimum number of hours of rest shall be specified by law, regulations, administrative provisions or by collective agreements or agreements between the two sides of the industry.3. The limits on hours of work or rest shall be either:(a) maximum hours of work which shall not exceed:(i) 14 hours in any 24-hour period; and(ii) 72 hours in any seven-day period;or(b) minimum hours of rest which shall not be less than:(i) 10 hours in any 24-hour period; and(ii) 77 hours in any seven-day period.4. Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.5. In accordance with the general principles of the protection of the health and safety of workers, and for objective or technical reasons or reasons concerning the organisation of work, Member States may allow exceptions, including the establishment of reference periods, to the limits laid down in paragraph 1, second subparagraph, and paragraphs 3 and 4. Such exceptions shall, as far as possible, comply with the standards laid down but may take account of more frequent or longer leave periods or the granting of compensatory leave for the workers. These exceptions may be laid down by means of:(a) laws, regulations or administrative provisions provided there is consultation, where possible, of the representatives of the employers and workers concerned and efforts are made to encourage all relevant forms of social dialogue; or(b) collective agreements or agreements between the two sides of industry.6. The master of a seagoing fishing vessel shall have the right to require workers on board to perform any hours of work necessary for the immediate safety of the vessel, persons on board or cargo, or for the purpose of giving assistance to other vessels or persons in distress at sea.7. Members States may provide that workers on board seagoing fishing vessels for which national legislation or practice determines that these vessels are not allowed to operate in a specific period of the calendar year exceeding one month, shall take annual leave in accordance with Article 7 within that period.Article 22Miscellaneous provisions1. A Member State shall have the option not to apply Article 6, while respecting the general principles of the protection of the safety and health of workers, and provided it takes the necessary measures to ensure that:(a) no employer requires a worker to work more than 48 hours over a seven-day period, calculated as an average for the reference period referred to in Article 16(b), unless he has first obtained the worker's agreement to perform such work;(b) no worker is subjected to any detriment by his employer because he is not willing to give his agreement to perform such work;(c) the employer keeps up-to-date records of all workers who carry out such work;(d) the records are placed at the disposal of the competent authorities, which may, for reasons connected with the safety and/or health of workers, prohibit or restrict the possibility of exceeding the maximum weekly working hours;(e) the employer provides the competent authorities at their request with information on cases in which agreement has been given by workers to perform work exceeding 48 hours over a period of seven days, calculated as an average for the reference period referred to in Article 16(b).Before 23 November 2003, the Council shall, on the basis of a Commission proposal accompanied by an appraisal report, re-examine the provisions of this paragraph and decide on what action to take.2. Member States shall have the option, as regards the application of Article 7, of making use of a transitional period of not more than three years from 23 November 1996, provided that during that transitional period:(a) every worker receives three weeks' paid annual leave in accordance with the conditions for the entitlement to, and granting of, such leave laid down by national legislation and/or practice; and(b) the three-week period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.3. If Member States avail themselves of the options provided for in this Article, they shall forthwith inform the Commission thereof.CHAPTER 6FINAL PROVISIONSArticle 23Level of ProtectionWithout prejudice to the right of Member States to develop, in the light of changing circumstances, different legislative, regulatory or contractual provisions in the field of working time, as long as the minimum requirements provided for in this Directive are complied with, implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to workers.Article 24Reports1. Member States shall communicate to the Commission the texts of the provisions of national law already adopted or being adopted in the field governed by this Directive.2. Member States shall report to the Commission every five years on the practical implementation of the provisions of this Directive, indicating the viewpoints of the two sides of industry.The Commission shall inform the European Parliament, the Council, the European Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof.3. Every five years from 23 November 1996 the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Directive taking into account Articles 22 and 23 and paragraphs 1 and 2 of this Article.Article 25Review of the operation of the provisions with regard to workers on board seagoing fishing vesselsNot later than 1 August 2009 the Commission shall, after consulting the Member States and management and labour at European level, review the operation of the provisions with regard to workers on board seagoing fishing vessels, and, in particular examine whether these provisions remain appropriate, in particular, as far as health and safety are concerned with a view to proposing suitable amendments, if necessary.Article 26Review of the operation of the provisions with regard to workers concerned with the carriage of passengersNot later than 1 August 2005 the Commission shall, after consulting the Member States and management and labour at European level, review the operation of the provisions with regard to workers concerned with the carriage of passengers on regular urban transport services, with a view to presenting, if need be, the appropriate modifications to ensure a coherent and suitable approach in the sector.Article 27Repeal1. Directive 93/104/EC, as amended by the Directive referred to in Annex I, part A, shall be repealed, without prejudice to the obligations of the Member States in respect of the deadlines for transposition laid down in Annex I, part B.2. The references made to the said repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex II.Article 28Entry into forceThis Directive shall enter into force on 2 August 2004.Article 29AddresseesThis Directive is addressed to the Member States.Done at Brussels, 4 November 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentG. Tremonti(1) OJ C 61, 14.3.2003, p. 123.(2) Opinion of the European Parliament of 17 December 2002 (not yet published in the Official Journal) and Council Decision of 22 September 2003.(3) OJ L 307, 13.12.1993, p. 18. Directive as amended by Directive 2000/34/EC of the European Parliament and of the Council (OJ L 195, 1.8.2000, p. 41).(4) OJ L 183, 29.6.1989, p. 1.(5) OJ L 167, 2.7.1999, p. 33.ANNEX IPART AREPEALED DIRECTIVE AND ITS AMENDMENT(Article 27)>TABLE>PART BDEADLINES FOR TRANSPOSITION INTO NATIONAL LAW(Article 27)>TABLE>ANNEX IICORRELATION TABLE>TABLE>


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31998L0054

Commission Directive 98/54/EC of 16 July 1998 amending Directives 71/250/EEC, 72/199/EEC, 73/46/EEC and repealing Directive 75/84/EEC (Text with EEA relevance)

Official Journal L 208 , 24/07/1998 P. 0049 - 0050

COMMISSION DIRECTIVE 98/54/EC of 16 July 1998 amending Directives 71/250/EEC, 72/199/EEC, 73/46/EEC and repealing Directive 75/84/EEC (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 2 thereof,Whereas Directive 70/373/EEC stipulates that official controls of feedingstuffs for the purpose of checking compliance with the requirements arising under the laws, regulations and administrative provisions governing their quality and composition must be carried out using Community sampling and analysis methods;Whereas the First Commission Directive 71/250/EEC of 15 June 1971 establishing Community methods of analysis for the official control of feedingstuffs (2) as last amended by Directive 81/680/EEC (3) sets out methods of analysis for, inter alia, the determination of lupin alkaloids; whereas Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs (4), as last amended by Commission Directive 97/8/EC (5), does not require that feedingstuffs are officially controlled for the presence of lupin alkaloids; whereas, therefore, a Community method of analysis for the official control of lupin alkaloids is not necessary and it is appropriate to delete this method;Whereas the Third Commission Directive 72/199/EEC of 27 April 1972 establishing Community methods of analysis for the official control of feedingstuffs (6), as last amended by Directive 93/28/EC (7) sets out methods of analysis for, inter alia, the detection and identification of antibiotics of the tetracycline group, the determination of chlortetracycline, oxytetracycline and tetracycline and the determination of oleandomycin; whereas these methods are no longer required for the purposes of Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (8), as last amended by Commission Directive 98/19/EC (9); whereas the methods described are no longer valid in the light of advances in scientific and technical knowledge for use for other purposes; whereas it is therefore appropriate to delete these methods;Whereas the Fourth Commission Directive 73/46/EEC of 5 December 1972 establishing Community methods of analysis for the official control of feedingstuffs (10), as last amended by Directive 92/89/EC (11), sets out methods of analysis for, inter alia, the determination of thiamine (vitamin B1, aneurine) and the determination of ascorbic acid and dehydroascorbic acid (vitamin c); whereas these methods are no longer valid for their intended purpose and have been superseded by advances in scientific and technical knowledge; whereas it is therefore appropriate to delete these methods;Whereas the Sixth Commission Directive 75/84/EEC of 20 December 1974 establishing Community methods of analysis for the official control of feedingstuffs (12), as last amended by Directive 81/680/EEC, sets out methods of analysis for the determination of buquinolate, sulphaquinoxaline and furazolidone; whereas these methods are no longer required for the purposes of Directive 70/524/EEC; whereas there are grounds to assume in the light of advances in scientific and technical knowledge that these methods yield incorrect results; whereas it is preferable to have no method of analysis rather than a method which yields false results; whereas it is therefore appropriate to delete these methods;Whereas in accordance with Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition (13), and in particular Article 18 thereof, Member States, in the absence of Community methods of sampling and analysis, ensure that methods of analysis are used, complying with standards recognised by international bodies or, in the absence of such standards, complying with scientifically recognised rules;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 71/250/EEC is amended as follows:1. in Article 1, 'and the determination of alkaloids in lupins` is deleted;2. point 15, 'Determination of lupin alkaloids`, in the Annex to the Directive is deleted.Article 2 Directive 72/199/EEC is amended as follows:1. in Article 2, 'of detecting and identifying antibiotics of the tetracycline group and also` and 'chlortetracycline, oxytetracycline, tetracyclin, oleandomycin,` are deleted;2. points 1, 'Detection and identification of antibiotics of the tetracycline group`, 2, 'Determination of chlortetracycline, oxytetracycline and tetracycline` and 3, 'Determination of oleandomycin` in Annex II to the Directive are deleted.Article 3 Directive 73/46/EEC is amended as follows:1. in Article 2, 'thiamine (aneurine, vitamin B1), ascorbic and dehydroascorbic acids (vitamin C)` is deleted;2. points 2, 'Determination of thiamine (vitamin B1, aneurine)` and 3, 'Determination of ascorbic acid and dehydroascorbic acid (vitamin C)` in Annex II to the Directive are deleted.Article 4 Directive 75/84/EEC is repealed.Article 5 The Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive, not later than nine months after its entry into force. They shall forthwith notify the Commission thereof.When Member States adopt these provisions, the provisions 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.Article 6 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.This Directive is addressed to the Member States.Done at Brussels, 16 July 1998.For the CommissionFranz FISCHLERMember of the Commission(1) OJ L 170, 3. 8. 1970, p. 2.(2) OJ L 155, 12. 7. 1971, p. 13.(3) OJ L 246, 29. 8. 1981, p. 32.(4) OJ L 38, 11. 2. 1974, p. 31.(5) OJ L 48, 19. 2. 1997, p. 22.(6) OJ L 123, 29. 5. 1972, p. 6.(7) OJ L 179, 22. 7. 1993, p. 8.(8) OJ L 270, 14. 12. 1970, p. 1.(9) OJ L 96, 28. 3. 1998, p. 39.(10) OJ L 83, 30. 3. 1973, p. 21.(11) OJ L 344, 26. 11. 1992, p. 35.(12) OJ L 32, 5. 2. 1975, p. 27.(13) OJ L 265, 8. 11. 1995, p. 17.


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31992L0060

Council Directive 92/60/EEC of 30 June 1992 amending Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market

Official Journal L 268 , 14/09/1992 P. 0075 - 0076 Finnish special edition: Chapter 3 Volume 45 P. 0074  Swedish special edition: Chapter 3 Volume 45 P. 0074

COUNCIL DIRECTIVE 92/60/EEC of 30 June 1992 amending Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal marketTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the Community is to adopt measures designed to establish the internal market progressively over a period expiring on 31 December 1992;  Whereas Directive 90/425/EEC (3) provides that veterinary checks on certain live animals and animal products are no longer to be carried out at the Community's internal borders;  Whereas, since adopting Directive 90/425/EEC, the Council has fixed the principles governing the organization of veterinary checks on live animals and animal products entering the Community from third countries; whereas, in this respect, account should  be taken of Council Directive 70/675/EEC of 10 December 1990, laying down the principles govering the organization of veterinary checks on products entering the Community from third countries (4) and Council Directive 91/496/EEC of 15 July 1991 laying  down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (5);  Whereas the fourth paragraph of Article 21 of Directive 90/452/EEC provides for the inclusion in the scope of the said Directive, and of Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view  to the completion of the internal market (6) of live animals and products of animal origin not covered by the said Directives;  Whereas Article 25 of Directive 90/425/EEC stipulates that the arrangements which are to apply when the transitional provisions provided for in Article 24 expire must be determined; whereas, in this regard, account should be taken of the progress made  in the Community as regards both the adoption of rules concerning live animals and animal products from third countries and the harmonization of measures to control foot-and-mouth disease and swine fever, specifically Council Directive 90/423/EEC of 26  June 1990 amending Directive 85/511/EEC introducing Community measures for the control of foot-and-mouth disease, Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine and Directive 72/462/EEC on  health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat or meat products from third countries (7) and Council Directive 91/685/EEC of 11 December 1991 amending Directive 80/217/EEC introducing Community  measures for the control of classical swine fever (8);  Whereas, particularly in the light of the progress made in harmonizing veterinary rules, provision should be made for the abolition, from 1 July 1992, of veterinary checks carried out at internal borders on all live animals and animal products;  Whereas, however, provision must be made for specific rules concerning the veterinary checks applicable to movements of pets accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial  transaction,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 90/425/EEC is herby amended as follows:  1. the following paragraph shall be added to Article 1:  'This Directive shall not apply to veterinary checks on movements between Member States of pets accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.';  2. in Article 7 (2), '1 January 1993' shall be replaced by '1 July 1992';  3. in the first paragraph of Article 21, the words 'until 31 December 1992' shall be deleted;  4. the second paragraph of Article 21 is replaced by the following:  'Member States shall communicate to the Commission and the other Member States the conditions and procedures applicable to trade in the animals and products referred to in the first paragraph.';  5. the last sentence of the fourth paragraph of Article 21 shall be deleted;  6. Article 22 shall be replaced by the following:  'Article 22 1. Member States shall submit to the Commission, using a harmonized model, the relevant information concerning the checks carried out pursuant to this Directive.  2. The Commission shall examine the information referred to in paragraph 1 within the Standing Veterinary Committee. It may adopt appropriate measures in accordance with the procedure laid down in Article 18.  3. Detailed rules for the application of this Article, in particular the frequency of communication of information, the model to be used and the type of information required, shall be laid down in accordance with the procedure laid down in Article 18.';   7. Article 24 shall be replaced by the following:  'Article 24 Until 31 December 1992 in order to permit the gradual implementation of the checking arrangements laid down by this Directive, Member States may operate:  - documentary checks during transport of animals and products covered by Annexes A and B or imported from third countries,  - spot veterinary checks of a non-discriminatory nature during transport of animals and products covered by Annex B;';  8. Article 25 shall be deleted;  9. Part A of Annex B shall be replaced by the following:  'A. Veterinary legislation - Other live animals not covered by Annex A.I.';  10. Part B of Annex B shall be replaced by the following:  'B. Veterinary legislation - Semen, ova and embryos not covered by Annex A.I.' Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 July 1992. They shall forthwith inform the Commission thereof.  When these measures are adopted by the Member States, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by  the Member States.  2. Member States shall communicate to the Commission the texts of the main provisions of domestic law which they adopt in the field governed by this Directive.  Article 3  This Directive is addressed to the Member States.   Done at Luxembourg, 30 June 1992.  For the Council The President Arlindo MARQUES CUNHA (1) OJ No C 122, 14. 5. 1992, p. 18.(2) OJ No C 176, 13. 7. 1992.(3) OJ No L 224, 18. 8. 1990, p. 29. Last amended by Directive 91/628/EEC (OJ No L 340, 11. 12. 1991, p. 17).(4) OJ No L 373, 31. 12. 1990, p. 1.(5) OJ No L 268, 24. 9. 1991, p.  56.(6) OJ No L 395, 30. 12. 1989, p. 13.(7) OJ No L 224, 18. 8. 1990, p. 13.(8) OJ No L 377, 31. 12. 1991, p. 1.


Avis juridique important

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32000L0007

Directive 2000/7/EC of the European Parliament and of the Council of 20 March 2000 on speedometers for two- or three-wheel motor vehicles and amending Council Directive 92/61/EEC on the type-approval of two- or three-wheel motor vehicles

Official Journal L 106 , 03/05/2000 P. 0001 - 0006

Directive 2000/7/EC of the European Parliament and of the Councilof 20 March 2000on speedometers for two- or three-wheel motor vehicles and amending Council Directive 92/61/EEC on the type-approval of two- or three-wheel motor vehiclesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Road safety is a fundamental Community objective which requires speed to be monitored and checked by means of a speedometer, with a view to raising awareness, particularly among young people, of the need for proper road use.(2) The technical legislation on road safety should be adopted in a cohesive fashion, in the form of "packages" of directives, so as to raise public awareness of the European Union's contribution to enhancing road safety.(3) In every Member State, two- or three-wheel motor vehicles must, as regards speedometers, display certain technical characteristics laid down as compulsory requirements that vary from Member State to Member State; such variation constitutes an obstacle to intra-Community trade.(4) Such obstacles to the functioning of the internal market can be eliminated by the adoption of the same requirements by all the Member States in lieu of their existing rules and regulations.(5) This Directive is to be added to the separate Directives that must be complied with under Article 4 of Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(4).(6) The introduction of harmonised requirements for speedometers in two- or three-wheel motor vehicles is necessary in order to permit implementation, for each type of those vehicles, of the type-approval and approval procedures laid down by Directive 92/61/EEC.(7) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objective of the action envisaged, namely Community type-approval by type of vehicle, cannot be sufficiently achieved by the Member States and can therefore, in view of the scale and the impact of the action proposed, be better achieved at the Community level. This Directive limits itself to the minimum required for the attainment of that objective and does not go beyond what is necessary for that purpose.(8) To facilitate access to the markets of non-member countries, it is clearly necessary to establish equivalence between the requirements of this Directive and those of Regulation No 39 of the Economic Commission for Europe of the United Nations (hereinafter referred to as "UN-ECE Regulation No 39").(9) The Member States of the European Union must negotiate as soon as possible an amendment to UN-ECE Regulation No 39 to align it with the provisions of this Directive.(10) Directive 92/61/EEC should therefore be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 11. This Directive shall apply to the speedometer of each type of vehicles described in Article 1 of Directive 92/61/EEC.2. Any vehicle falling within the scope of Directive 92/61/EEC shall be fitted with a speedometer complying with the Annex to this Directive.Article 2The procedures for the granting of component type-approval in respect of the speedometer of a type of two- or three-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in, respectively, Chapters II and III of Directive 92/61/EEC.Article 3In accordance with Article 11 of Directive 92/61/EEC, the equivalence between the requirements laid down in this Directive and those laid down in UN-ECE Regulation No 39, in the latest version adopted by the Community, is hereby acknowledged.The authorities of the Member States which grant type-approval shall accept approvals, and type-approval marks, granted in accordance with the requirements of the said Regulation No 39 within the scope of that Regulation, in place of the corresponding approvals and type-approval marks granted in accordance with the requirements of this Directive.Article 4The amendments that are essential in order to take account of the amendments to UN-ECE Regulation No 39 and to adapt the Annex to technical progress shall be adopted in accordance with the procedure referred to in Article 13 of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5).Article 5Directive 92/61/EEC is amended as follows:1. In Annex I, heading No 45, "Speedometer and odometer for motorcycles, motor tricycles and quadricycles" shall be replaced by "Speedometer" and the term "CONF" by "SD".2. Annex IIA is amended as follows:(a) item 4.7. "Speedometer and odometer: yes/no (1)" shall be replaced by "Speedometer";(b) the following items shall be inserted:"4.7.3. Photos and/or drawings of the complete system4.7.4. Range of speeds displayed4.7.5. Tolerance of the speedometer's measuring mechanism4.7.6. Technical constant of the speedometer4.7.7. Modus operandi and description of the drive mechanism4.7.8. Overall transmission ratio of the drive mechanism".3. In Annex IIIB, heading No 10.12, "Speedometer and odometer for motorcycles, motor tricycles and quadricycles" shall be replaced by "Speedometer" and the term "CONF" by "SD".Article 61. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive before 1 January 2001. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.2. The Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the area covered by this Directive.3. With effect from 1 January 2001, Member States may no longer prohibit, on grounds relating to the speedometers, the first bringing into service of vehicles that meet the requirements of this Directive.4. Member States shall apply the requirements set out in the first subparagraph of paragraph 1 as from 1 July 2001, except for mopeds, to which these requirements shall be applicable from 1 July 2002.Article 7This Directive shall take effect on the day of its publication in the Official Journal of the European Communities.Article 8This Directive is addressed to the Member States.Done at Brussels, 20 March 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Gama(1) OJ C 212, 8.7.1998, p. 7.(2) OJ C 40, 15.2.1999, p. 1.(3) Opinion of the European Parliament of 12 January 1999 (OJ C 104, 14.4.1999, p. 19) confirmed on 27 October 1999, Council common position of 20 May 1999 (OJ C 232, 13.8.1999, p. 1) and Decision of the European Parliament of 27 October 1999 (not yet published in the Official Journal).(4) OJ L 225, 10.8.1992, p. 72. Directive as amended by the 1994 Act of Accession.(5) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC (OJ L 11, 16.1.1999, p. 25).ANNEX1. DefinitionsFor the purposes of this Directive:1.1. "Type of vehicle in respect of its speedometer" shall mean vehicles which do not among themselves display any essential differences, where those differences can apply, in particular, to the following:1.1.1. the size designation of the tyres chosen from the range of tyres normally fitted;1.1.2. the overall transmission ratio, including any adaptor reduction drive, to the speedometer;1.1.3. the type of speedometer as characterised by:1.1.3.1. the tolerance of the speedometer's measuring mechanism,1.1.3.2. the technical constant of the speedometer,1.1.3.3. the range of speeds displayed.1.2. "Tyres normally fitted" shall mean the types(s) of tyres intended by the manufacturer for the type of vehicle under consideration and entered in the information document referred to in Annex II to Directive 92/61/EEC.Winter tyres shall not be considered to be the tyres normally fitted.1.3. "Normal running pressure" shall mean the cold inflation pressure specified by the vehicle manufacturer, plus 0,2 bar.1.4. "Speedometer" shall mean that part of the equipment intended to inform the driver of the speed of his vehicle at any given time.1.4.1. "Tolerance of the speedometer's measuring mechanism" shall mean the accuracy of the speedometer instrument itself, expressed as the upper and lower speed indication limits for a range of speed inputs.1.4.2. "Technical constant of the speedometer" shall mean the relationship between the input revolutions or pulses per minute and a specified displayed speed.1.5. "Mass in running order" shall mean the mass as defined in note (d)(2) to Annex II to Directive 92/61/EEC.2. Requirements2.1. The dial of the speedometer must be located within the direct field of view of the driver and must be clearly legible both day and night. The range of speeds displayed must be sufficiently wide to include the maximum speed of this type of vehicle as stated by its manufacturer.2.2. Where the speedometer includes a dial instead of a digital readout that dial must be clearly graduated.2.2.1. In the case of speedometers intended for motorcycles or motor tricycles, the subdivisions must be of 1, 2, 5 or 10 km/h. Speed must be displayed as follows:2.2.1.1. where the maximum speed on the dial does not exceed 200 km/h, the marked numerical speed value intervals must not exceed 20 km/h,2.2.1.2. where the maximum speed on the dial exceeds 200 km/h, the marked numerical speed value intervals shown on the dial must not exceed 30 km/h;2.2.2. in the case of speedometers intended for mopeds, the dial must indicate a maximum speed not exceeding 80 km/h; the subdivisions must be of 1, 2, 5 or 10 km/h and the speed value intervals shown on the dial must not exceed 10 km/h.In addition, the dial must show the speed of 45 km/h clearly (or 25 km/h in the case of low-performance mopeds).2.2.3. where a vehicle is intended for sale in a Member State where imperial distances are used, the speedometer must also be graduated in mph (miles per hour), with subdivisions of 1, 2, 5 or 10 mph. Marked numerical speed value intervals must not exceed 20 mph and must begin at either 10 mph or 20 mph;2.2.4. the marked numerical speed values need not be at regular intervals.2.3. The accuracy of the speedometer will be checked in accordance with the following procedure:2.3.1. the tyres will be one of the types normally fitted to the vehicle as defined in 1.2. A test will have to be carried out for each type of speedometer intended to be fitted by the manufacturer;2.3.2. the load on the wheel spindle driving the speedometer will have to correspond to the mass in running order;2.3.3. the reference temperature at the speedometer position must be 296 K ± 5 K;2.3.4. during each test, the tyre pressure must be the normal running pressure defined in item 1.3;2.3.5. the vehicle will be tested at the following speeds:>TABLE>2.3.6. the checking device used to measure the actual speed of the vehicle must be accurate to at least ± 0,5 %;2.3.6.1. if the tests are carried out on a track, the surface thereof must be flat and dry and provide sufficient grip;2.3.6.2. if a rolling-road dynamometer is used for the test, the rollers must have a diameter of at least 2 m. In the case of speedometers intended for mopeds, the test may be carried out on rollers with a diameter of at least 400 mm;2.3.7. the speed displayed must never be lower than the actual speed. Between speed V1, read on the speedometer and actual speed V2: there must be the following relationship with the test values specified in item 2.3.5 and between those values:0 <= (V1 - V2) <= 0,1 · V2 + 4 km/h.3. Conformity of production3.1. Conformity of production will be checked on the basis of the provisions of Annex VI to Directive 92/61/EEC.3.2. Production models will be considered to meet the requirements of this Directive if, under the conditions referred to in items 2.3.1 to 2.3.6, the relationship between speed V1 read on the speedometer and actual speed V2 is as follows:0 <= (V1 - V2) <= 0,1 · V2 + 4 km/h for mopeds,and0 <= (V1 - V2) <= 0,1 · V2 + 8 km/h for motorcycles and motor tricycles.Appendix 1INFORMATION DOCUMENTin respect of the fitting of a speedometer to a type of two- or three-wheel motor vehicle(to be attached to the application for approval if this is lodged separately from that for approval of the vehicle)Order No (assigned by the applicant)The application for approval in respect of the fitting of a speedometer to two- or three-wheel motor vehicles must include the information referred to in the following items in Section A of Annex II to Directive 92/61/EEC:0.1.0.2.0.5.0.6.2.1.2.1.1.4.7 to 4.7.8.5.2.5.2.2.Appendix 2TYPE-APPROVAL CERTIFICATEin respect of the fitting of a speedometer to a type of two- or three-wheel motor vehicleMODEL>PIC FILE= "L_2000106EN.000602.EPS">


title: Commission Directive 2011/90/EU of 14 November 2011 amending Part II of Annex I to Directive 2008/48/EC of the European Parliament and of the Council providing additional assumptions for the calculation of the annual percentage rate of charge Text with EEA relevance

text:
               15.11.2011

               EN

               Official Journal of the European Union

               L 296/35

         COMMISSION DIRECTIVE 2011/90/EU
   of 14 November 2011
   amending Part II of Annex I to Directive 2008/48/EC of the European Parliament and of the Council providing additional assumptions for the calculation of the annual percentage rate of charge
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (1) (the Consumer Credit Directive), and in particular Article 19(5) thereof,
   Whereas:

               (1)

               The experience gathered by Member States with the implementation of Directive 2008/48/EC has shown that the assumptions set out in Part II of Annex I to that Directive do not suffice to calculate the annual percentage rate of charge in a uniform manner and moreover are not adapted any more to the commercial situation at the market.

               (2)

               It is necessary to add to those assumptions by providing new assumptions on standards for the calculation of the annual percentage rate of charge for credits without fixed duration or repayable in full repeatedly. It is also necessary to provide standards for the timing of the initial drawdown of credit and the payments to be made by the consumer.

               (3)

               Part II of Annex I to Directive 2008/48/EC should therefore be amended accordingly.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 25(1) of Directive 2008/48/EC and neither the European Parliament nor the Council has opposed them,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Part II of Annex I to Directive 2008/48/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 31 December 2012 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
   They shall apply those provisions from 1 January 2013.
   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, 14 November 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 133, 22.5.2008, p. 66.

      ANNEX
      Part II of Annex I to Directive 2008/48/EC is replaced by the following:

                     ‘II.

                     The additional assumptions for the calculation of the annual percentage rate of charge shall be as follows:

                                 (a)

                                 If a credit agreement gives the consumer freedom of drawdown, the total amount of credit shall be deemed to be drawn down immediately and in full.

                                 (b)

                                 If a credit agreement gives the consumer freedom of drawdown in general but imposes, amongst the different ways of drawdown, a limitation with regard to the amount of credit and period of time, the amount of credit shall be deemed to be drawn down on the earliest date provided for in the credit agreement and in accordance with those drawdown limits.

                                 (c)

                                 If a credit agreement provides different ways of drawdown with different charges or borrowing rates, the total amount of credit shall be deemed to be drawn down at the highest charge and borrowing rate applied to the most common drawdown mechanism for this type of credit agreement.

                                 (d)

                                 In the case of an overdraft facility, the total amount of credit shall be deemed to be drawn down in full and for the whole duration of the credit agreement. If the duration of the overdraft facility is not known, the annual percentage rate of charge shall be calculated on the assumption that the duration of the credit is 3 months.

                                 (e)

                                 In the case of an open-end credit agreement, other than an overdraft facility, it shall be assumed that:

                                             (i)

                                             the credit is provided for a period of 1 year starting from the date of the initial drawdown, and that the final payment made by the consumer clears the balance of capital, interest and other charges, if any;

                                             (ii)

                                             the capital is repaid by the consumer in equal monthly payments, commencing 1 month after the date of the initial drawdown. However, in cases where the capital must be repaid only in full, in a single payment, within each payment period, successive drawdowns and repayments of the entire capital by the consumer shall be assumed to occur over the period of 1 year. Interest and other charges shall be applied in accordance with those drawdowns and repayments of capital and as provided for in the credit agreement.

                                       For the purposes of this point, an open-end credit agreement is a credit agreement without fixed duration and includes credits which must be repaid in full within or after a period but, once repaid, become available to be drawn down again.

                                 (f)

                                 In the case of credit agreements other than overdrafts and open-end credits as referred to in the assumptions set out in points (d) and (e):

                                             (i)

                                             if the date or amount of a repayment of capital to be made by the consumer cannot be ascertained, it shall be assumed that the repayment is made at the earliest date provided for in the credit agreement and is for the lowest amount for which the credit agreement provides;

                                             (ii)

                                             if the date of conclusion of the credit agreement is not known, the date of the initial drawdown shall be assumed to be the date which results in the shortest interval between that date and the date of the first payment to be made by the consumer.

                                 (g)

                                 Where the date or amount of a payment to be made by the consumer cannot be ascertained on the basis of the credit agreement or the assumptions set out in points (d), (e) or (f), it shall be assumed that the payment is made in accordance with the dates and conditions required by the creditor and, when these are unknown:

                                             (i)

                                             interest charges are paid together with the repayments of capital;

                                             (ii)

                                             a non-interest charge expressed as a single sum is paid at the date of the conclusion of the credit agreement;

                                             (iii)

                                             non-interest charges expressed as several payments are paid at regular intervals, commencing with the date of the first repayment of capital, and if the amount of such payments is not known they shall be assumed to be equal amounts;

                                             (iv)

                                             the final payment clears the balance of capital, interest and other charges, if any.

                                 (h)

                                 If the ceiling applicable to the credit has not yet been agreed, that ceiling is assumed to be EUR 1 500.

                                 (i)

                                 If different borrowing rates and charges are offered for a limited period or amount, the borrowing rate and the charges shall be deemed to be the highest rate for the whole duration of the credit agreement.

                                 (j)

                                 For consumer credit agreements for which a fixed borrowing rate is agreed in relation to the initial period, at the end of which a new borrowing rate is determined and subsequently periodically adjusted according to an agreed indicator, the calculation of the annual percentage rate shall be based on the assumption that, at the end of the fixed borrowing rate period, the borrowing rate is the same as at the time of calculating the annual percentage rate, based on the value of the agreed indicator at that time.’.