Avis juridique important

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32003L0104

Commission Directive 2003/104/EC of 12 November 2003 authorising isopropyl ester of the hydroxylated analogue of methionine

Official Journal L 295 , 13/11/2003 P. 0083 - 0084

Commission Directive 2003/104/ECof 12 November 2003authorising isopropyl ester of the hydroxylated analogue of methionineTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition(1), as last amended by Directive 1999/20/EC(2), and in particular Article 6 thereof,Whereas:(1) Directive 82/471/EEC provides that amendments to be made to the Annex to that Directive as a result of developments in scientific or technical knowledge shall be adopted by the procedure laid down in Article 13.(2) An application for authorisation has been submitted for isopropyl ester of the hydroxylated analogue of methionine which belongs to the group "analogues of aminoacids" referred to in the Annex to Directive 82/471/EEC.(3) The Scientific Committee on Animal Nutrition (SCAN) delivered an opinion on the use of this product in feedingstuffs on 25 April 2003, which concludes that the isopropyl ester of the hydroxylated analogue of methionine does not present a risk on human health, animal health or the environment.(4) The assessment of the request for authorisation submitted in respect of the isopropyl ester of the hydroxylated analogue of methionine shows that this product meets the requirements laid down in Article 6(2) of Directive 82/471/EEC, under the conditions set out in the Annex to this Directive. This product should therefore be authorised.(5) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 82/471/EEC is amended as provided in the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 20 May 2004 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.2. 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.3. 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 3This Directive shall enter into force on the seventh day of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 12 November 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 213, 21.7.1982, p. 8.(2) OJ L 80, 23.3.1999, p. 20.ANNEXThe following is added to the list of analogues of aminoacids in the Annex to Directive 82/421/EEC under the heading "4.1 Analogues of methionine"">TABLE>"


title: Directive 2009/102/EC of the European Parliament and of the Council of 16 September 2009 in the area of company law on single-member private limited liability companies (Text with EEA relevance)

text:
               1.10.2009

               EN

               Official Journal of the European Union

               L 258/20

      DIRECTIVE 2009/102/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 16 September 2009
   in the area of company law on single-member private limited liability companies
   (codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Twelfth Council Company Law Directive 89/667/EEC of 21 December 1989 on single-member private limited-liability companies (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Certain safeguards which, for the protection of the interests of members and others, are required by Member States of companies and firms within the meaning of the second paragraph of Article 48 of the Treaty should be coordinated with a view to making such safeguards equivalent throughout the Community.

               (3)

               In this field, First Council Directive 68/151/EEC of 9 March 1968 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (5), Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (6) and Seventh Council Directive 83/349/EEC of 13 June 1983 based on Article 54(3)(g) of the Treaty on consolidated accounts (7), respectively concerning disclosure, the validity of commitments, nullity, annual accounts and consolidated accounts, apply to all share-capital companies. However, Second Council Directive 77/91/EEC of 13 December 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (8), Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies (9), and Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54(3)(g) of the Treaty, concerning the division of public limited liability companies (10), relating respectively to formation and capital, mergers and divisions, apply only to public limited liability companies.

               (4)

               A legal instrument is required allowing the limitation of liability of the individual entrepreneur throughout the Community, without prejudice to the laws of the Member States, which, in exceptional circumstances, require that entrepreneur to be liable for the obligations of his undertaking.

               (5)

               A private limited liability company may be a single-member company from the time of its formation, or may become one because its shares have come to be held by a single shareholder. Pending the coordination of national provisions on the laws relating to groups, Member States may lay down certain special provisions and penalties for cases where a natural person is the sole member of several companies or where a single-member company or any other legal person is the sole member of a company. The sole aim of this power is to take account of the differences which exist in certain national laws. For that purpose, Member States may in specific cases lay down restrictions on the use of single-member companies or remove the limits on the liabilities of sole members. Member States are free to lay down rules to cover the risks that single-member companies may present as a consequence of having single members, particularly in order to ensure that the subscribed capital is paid.

               (6)

               The fact that all the shares have come to be held by a single shareholder and the identity of the sole member should be disclosed by an entry in a register accessible to the public.

               (7)

               Decisions taken by the sole member exercising the powers of the general meeting should be recorded in writing.

               (8)

               Contracts between a sole member and his company as represented by him should likewise be recorded in writing, in so far as such contracts do not relate to current operations concluded under normal conditions.

               (9)

               This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex II, Part B,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   The coordination measures prescribed by this Directive shall apply to the laws, regulations and administrative provisions of the Member States relating to the types of company listed in Annex I.
   Article 2
   1.   A company may have a sole member when it is formed and also when all its shares come to be held by a single person (single-member company).
   2.   Member States may, pending coordination of national laws relating to groups, lay down special provisions or penalties for cases where:

               (a)

               a natural person is the sole member of several companies; or

               (b)

               a single-member company or any other legal person is the sole member of a company.

         Article 3
   Where a company becomes a single-member company because all its shares come to be held by a single person, that fact, together with the identity of the sole member, must either be recorded in the file or entered in the register as referred to in Article 3(1) and (2) of Directive 68/151/EEC or be entered in a register kept by the company and accessible to the public.
   Article 4
   1.   The sole member shall exercise the powers of the general meeting of the company.
   2.   Decisions taken by the sole member in the field referred to in paragraph 1 shall be recorded in minutes or drawn up in writing.
   Article 5
   1.   Contracts between the sole member and his company as represented by him shall be recorded in minutes or drawn up in writing.
   2.   Member States need not apply paragraph 1 to current operations concluded under normal conditions.
   Article 6
   Where a Member State allows single-member companies as defined by Article 2(1) in the case of public limited companies as well, this Directive shall apply.
   Article 7
   A Member State need not allow the formation of single-member companies where its legislation provides that an individual entrepreneur may set up an undertaking the liability of which is limited to a sum dedicated to a stated activity, on condition that safeguards are laid down for such undertakings which are equivalent to those imposed by this Directive or by any other Community provisions applicable to the companies referred to in Article 1.
   Article 8
   Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 9
   Directive 89/667/EEC, as amended by the acts listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex II, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
   Article 10
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 11
   This Directive is addressed to the Member States.

      Done at Strasbourg, 16 September 2009.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         C. MALMSTRÖM

      (1)  OJ C 77, 31.3.2009, p. 42.

      (2)  Opinion of the European Parliament of 18 November 2008 (not yet published in the Official Journal) and Council Decision of 13 July 2009.

      (3)  OJ L 395, 30.12.1989, p. 40.

      (4)  See Annex II, Part A.

      (5)  OJ L 65, 14.3.1968, p. 8.

      (6)  OJ L 222, 14.8.1978, p. 11.

      (7)  OJ L 193, 18.7.1983, p. 1.

      (8)  OJ L 26, 31.1.1977, p. 1.

      (9)  OJ L 295, 20.10.1978, p. 36.

      (10)  OJ L 378, 31.12.1982, p. 47.

      ANNEX I

         Types of companies referred to in Article 1

                  —

                     Belgium:

                  ‘société privée à responsabilité limitée/besloten vennootschap met beperkte aansprakelijkheid’,

                  —

                     Bulgaria:

                  ‘дружество с ограничена отговорност, акционерно дружество’,

                  —

                     Czech Republic:

                  ‘společnost s ručením omezeným’,

                  —

                     Denmark:

                  ‘anpartsselskaber’,

                  —

                     Germany:

                  ‘Gesellschaft mit beschränkter Haftung’,

                  —

                     Estonia:

                  ‘aktsiaselts, osaühing’,

                  —

                     Ireland:

                  ‘private company limited by shares or by guarantee’,

                  —

                     Greece:

                  ‘εταιρεία περιορισμένης ευθύνης’,

                  —

                     Spain:

                  ‘sociedad de responsabilidad limitada’,

                  —

                     France:

                  ‘société à responsabilité limitée’,

                  —

                     Italy:

                  ‘società a responsabilità limitata’,

                  —

                     Cyprus:

                  ‘ιδιωτική εταιρεία περιορισμένης ευθύνης με μετοχές ή με εγγύηση’,

                  —

                     Latvia:

                  ‘sabiedrība ar ierobežotu atbildību’,

                  —

                     Lithuania:

                  ‘uždaroji akcinė bendrovė’,

                  —

                     Luxembourg:

                  ‘société à responsabilité limitée’,

                  —

                     Hungary:

                  ‘korlátolt felelősségű társaság, részvénytársaság’,

                  —

                     Malta:

                  ‘kumpannija privata/Private limited liability company’,

                  —

                     The Netherlands:

                  ‘besloten vennootschap met beperkte aansprakelijkheid’,

                  —

                     Austria:

                  ‘Aktiengesellschaft, Gesellschaft mit beschränkter Haftung’,

                  —

                     Poland:

                  ‘spółka z ograniczoną odpowiedzialnością’,

                  —

                     Portugal:

                  ‘sociedade por quotas’,

                  —

                     Romania:

                  ‘societate cu răspundere limitată’,

                  —

                     Slovenia:

                  ‘družba z omejeno odgovornostjo’,

                  —

                     Slovakia:

                  ‘spoločnosť s ručením obmedzeným’,

                  —

                     Finland:

                  ‘osakeyhtiö/aktiebolag’,

                  —

                     Sweden:

                  ‘aktiebolag’,

                  —

                     United Kingdom:

                  ‘private company limited by shares or by guarantee’.

      ANNEX II
      PART A

         Repealed Directive with list of its successive amendments

      (referred to in Article 9)

                  Council Directive 89/667/EEC
                  (OJ L 395, 30.12.1989, p. 40)

                  Annex I, point XI.A of the 1994 Act of Accession
                  (OJ C 241, 29.8.1994, p. 194)

                  Annex II, point 4.A of the 2003 Act of Accession
                  (OJ L 236, 23.9.2003, p. 338)

                  Council Directive 2006/99/EC
                  (OJ L 363, 20.12.2006, p. 137)

                  Only point A.4 of the Annex

            PART B

         List of time limits for transposition into national law and application

      (referred to in Article 9)

                  Directive

                  Time limit for transposition

                  Date of application

                  89/667/EEC

                  31 December 1991

                  1 January 1993 in the case of companies already in existence on 1 January 1992

                  2006/99/EC

                  1 January 2007

      ANNEX III

         CORRELATION TABLE

                  Directive 89/667/EEC

                  This Directive

                  Article 1, introductory wording

                  Article 1

                  Article 1, first to 27th indent

                  Annex I

                  Articles 2 to 7

                  Articles 2 to 7

                  Article 8(1)

                  —

                  Article 8(2)

                  —

                  Article 8(3)

                  Article 8

                  —

                  Article 9

                  —

                  Article 10

                  Article 9

                  Article 11

                  —

                  Annex I

                  —

                  Annex II

                  —

                  Annex III


title: Commission Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondiiText with EEA relevance

text:
               24.12.2004

               EN

               Official Journal of the European Union

               L 379/81

      COMMISSION DIRECTIVE 2004/116/EC
   of 23 December 2004
   amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondii

   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 82/471/EEC concerning certain products used in animal nutrition (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               An application for authorisation has been submitted for Candida guilliermondii, cultivated on substrates of vegetable origin, which belongs to the product group ‘1.2.1. yeasts cultivated on substrates of animal or vegetable origin’ set out in the Annex to Directive 82/471/EEC. This feed is a microbial product based on the spent cells remaining after the industrial production of citric acid by fermentation.

               (2)

               The Scientific Panel on additives and products or substances used in animal feed of the European Food Safety Authority has delivered an opinion on the use of this product in feedingstuffs on 7 of June 2004, which concludes that the use of Candida guilliermondii cultivated on a substrate of vegetable origin (sugar cane molasses) does not present a risk to human health, animal health or the environment.

               (3)

               The assessment of the request for authorisation submitted in respect of Candida guilliermondii cultivated on substrates of vegetable origin shows that this product meets the requirements laid down in Article 6(2) of Directive 82/471/EEC, under the conditions set out in the Annex.

               (4)

               Directive 82/471/EEC should therefore be amended accordingly.

               (5)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   The Annex to Directive 82/471/EC is amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2005 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   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 seventh day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 23 December 2004.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 213, 21.7.1982, p. 8. Directive as last amended by Commission Directive 2003/104/EC (OJ L 295, 13.11.2003, p. 83).

      ANNEX
      In the Annex to Directive 82/471/EEC product group 1.2.1 is replaced by the following:

                     Name of product group

                     Name of product

                     Designation of nutritive principle or identity of micro-organism

                     Culture substrate
                     (identifications, if any)

                     Composition characteristics of the product

                     Animal species

                     Special provisions

                                 ‘1.2.1.

                                 Yeasts cultivated on substrates of animal or vegetable origin

                     All yeasts

                                 —

                                 obtained from the microorganisms and substrates listed in columns 3 and 4 respectively

                                 —

                                 the cells of which have been killed

                        Saccharomyces cerevisiae

                        Saccharomyces carlsbergiensis

                        Kluyveromyces lactis

                        Kluyveromyces fragilis

                     Molasses, distillery residues, cereals and products containing starch, fruit juice, whey, lactic acid and hydrolysed vegetable fibres

                     All animal species

                        Candida guilliermondii

                     Molasses, distillery residues, cereals and products containing starch, fruit juice, whey, lactic acid and hydrolysed vegetable fibres

                     Dry matter 16 % minimum

                     Pigs for fattening’


title: Directive 2005/82/EC of the European Parliament and of the Council of  14 December 2005  repealing Council Directive 90/544/EEC on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community   (Text with EEA relevance)

text:
               27.12.2005

               EN

               Official Journal of the European Union

               L 344/38

      DIRECTIVE 2005/82/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 14 December 2005
   repealing Council Directive 90/544/EEC on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community
   (Text with EEA relevance)
   THE 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,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               Directive 90/544/EEC (4) required Member States to designate, by 31 December 1992, in the 169,4 to 169,8 MHz radio spectrum band four channels for the pan-European land-based public radio paging service (hereinafter ERMES) and to prepare, as quickly as possible, plans to enable pan-European public radio paging service to occupy the whole band 169,4 to 169,8 MHz according to commercial demand.

               (2)

               Use of the 169,4 to 169,8 MHz spectrum band for ERMES in the Community has decreased or even ceased, so that this band is not currently being efficiently utilised by ERMES and could be better used to fulfil other Community policy needs.

               (3)

               Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (5) established a Community policy and legal framework to ensure coordination of policy approaches and, where appropriate, harmonised conditions with regard to availability and efficient use of the spectrum band necessary for the establishment and functioning of the internal market. That Decision allows the Commission to adopt technical implementing measures to ensure harmonised conditions for the availability and efficient use of the spectrum band.

               (4)

               Since the 169,4 to 169,8 MHz band is appropriate for applications benefiting people with impairments or disabilities, and considering that promotion of such applications is a policy objective for the Community together with the general objective of ensuring the functioning of the internal market, the Commission pursuant to Article 4(2) of the Radio Spectrum Decision issued the European Conference of Postal and Telecommunications Administration (hereinafter the CEPT) with a mandate to examine, inter alia, applications related to assistance for people with disabilities.

               (5)

               As mandated, the CEPT produced a new frequency plan, and a channel arrangement allowing six types of preferred applications to share the band in order to meet several Community policy needs.

               (6)

               For these reasons and in accordance with the objectives of the Radio Spectrum Decision, Directive 90/544/EEC should be repealed,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 90/544/EEC is hereby repealed with effect from 27 December 2005.
   Article 2
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 3
   This Directive is addressed to the Member States.

      Done at Strasbourg, 14 December 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         C. CLARKE

      (1)  Opinion delivered on 27 October 2005 (not yet published in the Official Journal).

      (2)  Opinion delivered on 17 November 2005, following non-compulsory consultation (not yet published in the Official Journal).

      (3)  Opinion of the European Parliament of 15 November 2005 (not yet published in the Official Journal) and Council Decision of 1 December 2005.

      (4)  OJ L 310, 9.11.1990, p. 28.

      (5)  OJ L 108, 24.4.2002, p. 1.


Avis juridique important

|

31987L0487

Council Directive 87/487/EEC of 22 September 1987 amending Directive 80/1095/EEC laying down conditions designed to render and keep the territory of the Community free from classical swine fever

Official Journal L 280 , 03/10/1987 P. 0024 - 0025 Finnish special edition: Chapter 3 Volume 24 P. 0154  Swedish special edition: Chapter 3 Volume 24 P. 0154

*****COUNCIL  DIRECTIVE  of 22 September 1987  amending Directive 80/1095/EEC laying down conditions designed to render and keep the territory of the Community free from classical swine fever  (87/487/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 87/230/EEC of  7 April 1987 amending Directive 80/1095/EEC and Decisions 80/1096/EEC and 82/18/EEC with regard to the duration and the financial areas of measures for the eradication of classical swine fever (1), and in particular Article 2 thereof,  Having regard to the proposal from the Commission (2),  Having regard to the opinion of the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas Council Directive 80/1095/EEC (5) lays down that Member States which are not officially swine fever-free must carry out national programmes with a view to eradicating the disease during a six-year period;  Whereas, pursuant to Article 2 of Decision 87/230/EEC, the Council is to decide in particular on the necessary measures which must be implemented by the Member States in order to achieve the eradication of classical swine fever in the Community; whereas such measures are likely to have repercussions on the entire set of Community regulations adopted to date with regard to animal health policy problems in the trade of animals and meat; whereas in order to guarantee the effectiveness of these measures, the provisions of these regulations should be amended as appropriate;  Whereas, because of a serious outbreak of classical swine fever in their territory during the period covered by Directive 80/1095/EEC, certain Member States have experienced difficulties in completing their eradication programme;  Whereas the disease has, thanks to the measures adopted to combat it, in particular the setting-up of vaccination areas, been brought under control; whereas, therefore, the Member States concerned could continue to implement the control operations with a view to making the territories in question free from classical swine fever and whereas an additional four-year period is therefore required; whereas these measures may prove necessary in those Member States from which the disease has already been eradicated;  Whereas in the light of those developments provision should be made for coordinating the arrangements for discontinuing systematic vaccination where that type of vaccination is performed;  Whereas the establishment and maintenance of officially swine fever-free or swine fever-free Member States or parts of Member States will contribute to the free movement of live pigs and pigmeat as well as to improvements in the productivity of breeding herds and, as a result, to the income of those working in this sector,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 80/1095/EEC is amended as follows:  1. In Article 2:  - in point 1, second indent, 'in the preceding 12 months' is inserted after 'there are no pigs which have been vaccinated against swine fever,'  - in point 2, second subparagraph and in point 3, second subparagraph, 'in the preceding 12 months' is inserted after 'in which the following contain no pigs which have been vaccinated against swine fever'.  2. The following Article is inserted:  'Article 3a  1. Any Member State which is not officially swine fever-free upon completion of the measure specified in Article 3 shall prepare a new plan for completing the eradication of the disease.  2. The period for implementing the new plan shall be such that the total period for implementing the measures specified in Article 3 and in this Article is 10 years. The new plan must meet the requirements laid down in Article 4a and be approved in accordance with Article 5 (3) of Decision 80/1096/EEC (1).  (1) OJ No L 325, 1. 12. 1980, p. 5.'  3. The following is inserted:  'Article 4a  1. The new plan referred to in Article 3a must be designed to ensure that, upon expiry of the period specified, the territory of the Member State concerned will be officially free from classical swine fever.  2. The new plan must specify as appropriate:  (a) in the case of regions where vaccination has been performed for upwards of one year:  - the number of holdings selected for the purpose of obtaining samples which are representative of the region concerned, and the number of pigs in each holding,  - the number of piglets which have been produced by vaccinated sows on those holdings and which will not be vaccinated,  - the number and type of the tests which those piglets will undergo over a six-month period with a view to detecting whether or not the classical swine-fever virus is present,  - that vaccination must be discontinued if the test referred to in the third indent reveal that the classical swine-fever virus is not present, and the date on which the prohibition is likely to take effect;  (b) in the case of regions where vaccination has been performed for less than 12 months:  - the date of commencement of vaccination,  - the likely date on which the measures referred to in subparagraph (a) will be implemented;  (c) in the case of Member States or parts of territories in which vaccination has been suspended but which are not yet officially swine fever free:  - the number of herds (breeding, multiplier, mixed and fattening herds) in which spot checks will be carried out,  - the total number and description of the tests carried out on those herds each year,  - the number of spot serological tests which will be carried out each year on slaughter pigs at the time of slaughter.  3. The Member States concerned shall notify the Commission of the forecast annual expenditure on the new plan in respect of the period from 1 January 1988.'  4. Article 6 (1) is replaced by the following:  'Member States shall, in accordance with Article 5 (1) of Decision 80/1096/EEC, forward to the Commission the plans provided for in Article 3 or, in accordance with Article 5 (1) (a) of that Decision, the new plans provided for in Article 3a'.  5. The following is added to Article 6 (2):  'The new plans shall be approved in accordance with the procedure set out in Article 5 (3) of Decision 80/1096/EEC.'  6. In Article 6 (3), first and second lines, 'or in any other part of the Community territory' is inserted after 'in their territories.'  7. Article 8 (1) is supplemented by the following:  'Similarly, any Member State which, during the whole period laid down in Article 2 (1) of Decision 80/1096/EEC, loses its status as officially swine fever-free, may avail itself of Article 3a (1) provided the execution of its plan does not extend beyond the duration of the supplementary measures.'  8. The following Article 12a is inserted:  'Article 12a  Member States shall bring into force the laws, regulations and administrative provisions necessary for the implementation of the new eradication plans referred to in Article 3a approved in accordance with Article 5 (3) of Decision 80/1096/EEC on the date laid down by the Commission in its Decision approving the said plans.'  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 22 September 1987.  For the Council  The President  L. TOERNAES  (1) OJ No L 99, 11. 4. 1987, p. 16.  (2) OJ No C 295, 21. 11. 1986, p. 5.  (3) OJ No C 76, 23. 3. 1987, p. 169.  (4) OJ No C 83, 30. 3. 1987, p. 3.  (5) OJ No L 325, 1. 12. 1980, p. 1.