Avis juridique important

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31990L0488

Council Directive 90/488/EEC of 17 September 1990 amending Directive 87/404/EEC on the harmonization of the laws of the Member States relating to simple pressure vessels

Official Journal L 270 , 02/10/1990 P. 0025 - 0025 Finnish special edition: Chapter 13 Volume 19 P. 0250  Swedish special edition: Chapter 13 Volume 19 P. 0250

*****COUNCIL  DIRECTIVE  of 17 September 1990  amending Directive 87/404/EEC on the harmonization of the laws of the Member States relating to simple pressure vessels  (90/488/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Directive 87/404/EEC (4) provides for the complete harmonization of the standards for simple pressure vessels manufactured in series;  Whereas in the absence of harmonized standards Directive 87/404/EEC requires EC-type examination of the vessels in question; whereas those standards will not be available by the date of application of the Directive;  Whereas Directive 87/404/EEC has not provided for a transitional period during which it would be permitted to market stocks of vessels manufactured in accordance with national rules still applicable before that Directive takes effect;  Whereas manufacturers must have the time needed to apply the EC-type examination procedure and it is necessary to set a transitional period to allow vessels in stock to be marketed,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following is hereby added to Article 18 (1) of Directive 87/404/EEC:  Member States shall, for the period up to 1 July 1992, permit the placing on the market and/or in service of vessels conforming to the rules in force in their territories before the date of application of this Directive.'  Article 2  Member States shall adopt the provisions necessary to comply with this Directive by 1 July 1991. They shall forthwith inform the Commission thereof,  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 17 September 1990.  For the Council  The President  P. ROMITA  (1) OJ No C 13, 19. 1. 1990, p. 7.  (2) OJ No C 149, 18. 6. 1990, p. 145 and Decision of 12 September 1990 (not yet published in the Official Journal).  (3) OJ No C 168, 10. 7. 1990, p. 2.  (4) OJ No L 220, 8. 8. 1987, p. 48.


Avis juridique important

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31978L0388

First Commission Directive 78/388/EEC of 18 April 1978 amending the Annexes to Directive 69/208/EEC on the marketing of seed of oil and fibre plants

Official Journal L 113 , 25/04/1978 P. 0020 - 0026 Greek special edition: Chapter 03 Volume 20 P. 0240  Spanish special edition: Chapter 03 Volume 14 P. 0010  Portuguese special edition Chapter 03 Volume 14 P. 0010  Finnish special edition: Chapter 3 Volume 9 P. 0216  Swedish special edition: Chapter 3 Volume 9 P. 0216

FIRST COMMISSION DIRECTIVE  of 18 April 1978  amending the Annexes to Directive 69/208/EEC on the marketing of seed of oil and fibre plants  (78/388/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (1), as last amended by Directive 78/55/EEC (2), and in particular Article 20a thereof,  Whereas, in the light of the development of scientific and technical knowledge, Annexes I, II and III to the said Directive should be amended for the reasons set out below;  Whereas, in order to improve the genetic value of seeds, the crop isolation for monoecious hemp should be strengthened and provision should be made for varietal purity standards which the crop must satisfy in the case of certain species;  Whereas certain conditions for crop isolation should be adapted to the conditions sufficient for ensuring the satisfaction of the varietal purity standards;  Whereas special standards should be set in respect of the maximum content of further undesiderable or noxious seeds such as Avena ludoviciana, Avena sterilis, or Rumex species other than Rumex acetosella;  Whereas, in order to satisfy the conditions for official examination of seed carried out in accordance with current international methods, it is necessary to revise certain provisions;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 69/208/EEC is hereby amended as follows:  1. Annex I shall read as follows:  "ANNEX I  CONDITIONS TO BE SATISFIED BY THE CROP    1. The previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous cropping.       2. The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesiderable foreign pollination:  (1)OJ No L 169, 10.7.1969, p. 3. (2)OJ No L 16, 20.1.1978, p. 23.   >PIC FILE= "T0013140">   These distances can be disregarded if there is sufficient protection from any undesiderable foreign pollination.       3. The crop shall have sufficient varietal identity and varietal purity. In particular, crops of Brassica spp., Cannabis sativa, Carum carvi, Gossypium spp., Helianthus annuus, Sinapis alba shall conform to the following standards : the number of plants of the crop species which are recognizable as obviously not being true to the variety shall not exceed one per 10 m2.       4. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.       5. The satisfaction of the abovementioned standards or other conditions shall be examined in official field inspections.  These field inspections shall be carried out in accordance with the following conditions:    A. The condition and the stage of development of the crop shall permit an adequate examination.       B. There shall be at least one field inspection.       C. The size, the number and the distribution of the portions of the field to be inspected in order to examine the satisfaction of the provisions of this Annex shall be determined in accordance with appropriate methods."            2. Annex II shall read as follows:  "ANNEX II  CONDITIONS TO BE SATISFIED BY THE SEED  I. BASIC AND CERTIFIED SEED     1. The seed shall have sufficient varietal identity and varietal purity. In particular, seeds of the species listed below shall conform to the following standards or other conditions: >PIC FILE= "T0013141">   The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.       2. The seed shall conform to the following standards or other conditions as regards germination, analytical purity and content of seeds of other plant species including Orobanche spp.:      A. Table:  >PIC FILE= "T0013142">             B. Standards or other conditions applicable where reference is made to them in the table under Section I (2) (A) of this Annex:        (a) The maximum contents of seeds laid down in column 5 include also the seeds of the species in columns 6 to 11.               (b) The determination of total content of seeds of other plants species by number need not be carried out unless there is doubt whether the conditions laid down in column 5 have been satisfied.               (c) The determination of seeds of Cuscuta spp. by number need not be carried out unless there is doubt whether the conditions laid down in column 7 have been satisfied.               (d) The presence of one seed of Cuscuta ssp. in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of Cuscuta spp.               (e) The seed shall be free from Orobanche spp. ; however the presence of one seed of Orobanche spp. in a sample of 100 grams shall not be regarded as an impurity where a second sample of 200 grams is free from any seeds of Orobanche spp.                                 3. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.  In particular, the seed shall conform to the following standards or other conditions:      A. Table: >PIC FILE= "T0013143">            B. Standards or other conditions applicable where reference is made to them in table under Section I (3) (A) of this Annex:        (a) In flax the maximum percentage by number of seeds contaminated by Ascochyta linicola (syn. Phoma linicola) shall not exceed 1 %.               (b) The determination of sclerotia or fragments of sclerotia of Sclerotinia sclerotiorum by number need not be carried out unless there is doubt whether the conditions laid down in column 5 of this table have been satisfied.                                     II. COMMERCIAL SEED  With the exception of Section 1, the conditions laid down in Annex II (I) shall apply to commercial seed."     3. Annex III shall read as follows:  "ANNEX III  LOT AND SAMPLE WEIGHTS >PIC FILE= "T0013144">      Article 2 1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with:    - on 1 January 1981, the provisions of Article 1 (1) in respect of Annex I (3), and Article 1 (2) in respect of Annex II (I) (1),       - the other provisions of this Directive, not later than 1 July 1980.         2. Member States shall ensure that seed of oil and fibre plants is subject to no marketing restrictions due to different dates of implementation of this Directive, in accordance with the second indent of paragraph 1.    Article 3 This Directive is addressed to the Member States.     Done at Brussels, 18 April 1978.  For the Commission  Finn GUNDELACH  Vice-President


title: Commission Directive 2007/72/EC of 13 December 2007 amending Council Directive 66/401/EEC as regards the inclusion of the species Galega orientalis Lam. (Text with EEA relevance)

text:
               14.12.2007

               EN

               Official Journal of the European Union

               L 329/37

      COMMISSION DIRECTIVE 2007/72/EC
   of 13 December 2007
   amending Council Directive 66/401/EEC as regards the inclusion of the species Galega orientalis Lam.
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular Article 2(1a) thereof,
   Whereas

               (1)

                  Galega orientalis Lam. is a fodder plant largely grown in certain Member States and plays a significant role in improving the quality of feed for farm animals.

               (2)

               That species is currently not covered by uniform rules on seed certification under Directive 66/401/EEC and therefore the relevant seed cannot benefit from free circulation.

               (3)

               Since it meets all relevant conditions for certification, the species Galega orientalis Lam. should therefore be included in the list in Directive 66/401/EEC.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 66/401/EEC is amended as follows:

               1.

               in Article 2(1)(A)(b), the following entry is inserted between the heading ‘Leguminosae’ and ‘Hedysarum coronarium L. Sulla’:
               ‘Galega orientalis Lam. fodder galega’;

               2.

               in Article 3(1), the following entry is inserted between ‘Festuca rubra L. x Festulolium’ and ‘Lolium multiflorum Lam.’:
               ‘Galega orientalis Lam. fodder galega’;

               3.

               Annexes II and III are amended as set out in the Annex to this Directive.

         Article 2
   Transposition
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2008 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.
   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, 13 December 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2004/117/EC (OJ L 14, 18.1.2005, p. 18).

      ANNEX

                  1.

                  Annex II to Directive 66/401/EEC is amended as follows:

                              (a)

                              in the table in point 2.A of Section I ‘CERTIFIED SEED’, the following line is inserted between the heading ‘LEGUMINOSAE’ and ‘Hedysarum coronarium’:

                                          Species

                                          Germination

                                          Analytical purity

                                          Maximum content of seeds of other plant species in a sample of the weight specified in column 4 of Annex III
                                          (total per column)

                                          Conditions as regards content of lupin seeds of another colour and of bitter lupin seeds

                                          Minimum germination
                                          (% of pure seed)

                                          Maximum content of hard seed
                                          (% of pure seed)

                                          Minimum analytical purity
                                          (% by weight)

                                          Maximum content of seeds of other plant species
                                          (% by weight)

                                          Total

                                          A single species

                                             Agropyron repens

                                             Alopecurus myosuroides

                                             Melilotus spp.

                                             Raphanus raphanistrum

                                             Sinapis arvensis

                                             Avena fatua, Avena ludoviciana, Avena sterilis

                                             Cuscuta spp.

                                             Rumex spp. other than Rumex acetosella and Rumex maritimus

                                          1

                                          2

                                          3

                                          4

                                          5

                                          6

                                          7

                                          8

                                          9

                                          10

                                          11

                                          12

                                          13

                                          14

                                          15

                                          ‘Galega orientalis Lam.

                                          60

                                          40

                                          97

                                          2,0

                                          1,5

                                          0,3

                                          0

                                          0

                                          0

                                          0 (l) (m)

                                          10 (e)’

                              (b)

                              in the table in point 2.A of Section II ‘BASIC SEED’, the following line is inserted between the heading ‘LEGUMINOSAE’ and ‘Hedysarum coronarium’:

                                          Species

                                          Maximum content of seeds of other plant species

                                          Other standards or conditions

                                          Total
                                          (% by weight)

                                          Content by number in a sample of the weight specified in column 4 of Annex III
                                          (total per column)

                                          A single species

                                             Rumex spp. other than Rumex acetosella and Rumex maritimus

                                             Agropyron repens

                                             Alopecurus myosuroides

                                             Melilotus spp.

                                          1

                                          2

                                          3

                                          4

                                          5

                                          6

                                          7

                                          8

                                          ‘Galega orientalis Lam.

                                          0,3

                                          20

                                          2

                                          (e)

                                          (j)’

                  2.

                  in Annex III, in the table the following line is inserted between the heading ‘LEGUMINOSAE’ and ‘Hedysarum coronarium’:

                              Species

                              Maximum weight of a lot
                              (tonnes)

                              Minimum weight of a sample to be drawn from a lot
                              (grams)

                              Weight of the sample for the determinations by number provided for in columns 12 to 14 of Annex II (I) (2) (A) and columns 3 to 7 of Annex II (II) (2) (A)
                              (grams)

                              1

                              2

                              3

                              4

                              ‘Galega orientalis Lam.

                              10

                              250

                              200’


Avis juridique important

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31984L0513

Council Directive 84/513/EEC of 23 October 1984 amending Directives 72/159/EEC, 72/160/EEC and 72/161/EEC relating to agricultural structures

Official Journal L 285 , 30/10/1984 P. 0013 - 0013

*****COUNCIL  DIRECTIVE  of 23 October 1984  amending Directives 72/159/EEC, 72/160/EEC and 72/161/EEC relating to  agricultural structures  (84/513/EEC)  THE 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 Article 16 of Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (3), Article 7 of Council Directive 72/160/EEC of 17 April 1972 concerning measures to encourage the cessation of farming and the reallocation of utilized agricultural area for the purposes of structural improvement (4) and Article 9 of Council Directive 72/161/EEC of 17 April 1972 concerning the provision of socio-economic guidance for and the acquisition of occupational skills by persons engaged in agriculture (5), all three Directives as last amended by Directive 84/140/EEC (6), provide for the estimated time required for carrying out the common measures referred to in those Directives to run until 30 June 1984;  Whereas, on 10 October 1983, the Commission forwarded to the Council proposals for improving the efficiency of agricultural structures, which were designed to replace the measures referred to in the abovementioned Directives;  Whereas, in accordance with Article 6 (2) (c) of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (7), as last amended by Regulation (EEC) No 3509/80 (8), the target date for completing these common measures should be deferred until 31 December 1984 in order to ensure the necessary continuity, pending the outcome of Commission proposals in this field,  HAS ADOPTED THIS DIRECTIVE:  Article 1  With effect from 1 July 1984:  1. Article 16 (1) of Directive 72/159/EEC is hereby replaced by the following:  '1. The estimated time required for carrying out the common measures shall run until 31 December 1984.'  2. The first subparagraph of Article 7 (1) of Directive 72/160/EEC is hereby replaced by the following:  '1. The estimated time required for carrying out the common measures shall run until 31 December 1984.'  3. Article 9 (1) of Directive 72/161/EEC is hereby replaced by the following:  '1. The estimated time required for carrying out the common measures shall run until 31 December 1984.'  Article 2  This Directive is addressed to the Member States.  Done at Luxembourg, 23 October 1984.  For the Council  The President  A. DEASY  (1) OJ No C 189, 17. 7. 1984, p. 5.  (2) OJ No C 274, 15. 10. 1984, p. 51.  (3) OJ No L 96, 23. 4. 1972, p. 1.  (4) OJ No L 96, 23. 4. 1972, p. 9.  (5) OJ No L 96, 23. 4. 1972, p. 15.  (6) OJ No L 72, 15. 3. 1984, p. 24.  (7) OJ No L 94, 28. 4. 1970, p. 13.  (8) OJ No L 367, 31. 12. 1980, p. 87.


Important legal notice

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32006L0031

Directive 2006/31/EC of the European Parliament and of the Council of  5 April 2006  amending directive 2004/39/EC on markets in financial instruments, as regards certain deadlines   (Text with EEA relevance)

Official Journal L 114 , 27/04/2006 P. 0060 - 0063

		Directive 2006/31/EC of the European Parliament and of the Councilof 5 April 2006amending directive 2004/39/EC on markets in financial instruments, as regards certain deadlines(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 47(2) thereof,Having regard to the proposal from the Commission,After consulting the European Economic and Social Committee,Having regard to the opinion of European Central Bank [1],Acting in accordance with the procedure laid down in Article 251 of the Treaty [2],Whereas:(1) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments [3] introduces a comprehensive regulatory regime to ensure a high quality of execution of investor transactions.(2) Directive 2004/39/EC provides that Member States are to adopt the laws, regulations and administrative provisions necessary to comply with it by 30 April 2006. In order to ensure uniform application in the Member States, a significant number of complex provisions of that Directive need to be supplemented by implementing measures, to be adopted by the Commission during the period for transposition by Member States. Because Member States cannot fully prepare and finalise their national laws until the content of the implementing measures is clear, they may have difficulty in meeting the current transposition deadline.(3) In order to comply with the requirements of Directive 2004/39/EC and national implementing legislation, investment firms and other regulated entities may have to introduce new information technology systems, new organisational structures, and reporting and record-keeping procedures, or to make significant modifications to existing systems and practices. This can only be done once the contents of the implementing measures to be adopted by the Commission and of the national legislation transposing the Directive are settled.(4) It is also necessary that Directive 2004/39/EC and its implementing measures be transposed into national law or apply directly in Member States simultaneously for the Directive to produce its full effect.(5) It is therefore appropriate to extend the deadline for Member States to transpose Directive 2004/39/EC into national law. Similarly, the deadline for investment firms and credit institutions to comply with the new requirements should be postponed for a period after the transposition into national law has been completed by the Member States.(6) Given the interaction between the different provisions of Directive 2004/39/EC, it is appropriate that any extension of those deadlines apply to all the provisions of that Directive. Any extension of the transposition and application deadlines should be proportionate to, and not exceed, the needs of the Member States and regulated entities. In order to avoid fragmentation that could hamper the functioning of the internal market in securities, Member States should apply the provisions of Directive 2004/39/EC at the same time.(7) In its Resolution of 5 February 2002 on the implementation of financial services legislation [4], the European Parliament requested that it and the Council should have an equal role in supervising the way in which the Commission exercises its executive role in order to reflect the legislative powers of the European Parliament under Article 251 of the Treaty. In the solemn declaration made before the European Parliament the same day by its President, the Commission supported that request. On 11 December 2002, the Commission proposed amendments to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [5], and then submitted an amended proposal on 22 April 2004. The European Parliament does not consider that this proposal preserves its legislative prerogatives. In the view of the European Parliament, it and the Council should have the opportunity of evaluating the conferral of implementing powers on the Commission within a determined period. It is therefore appropriate to limit the period during which the Commission may adopt implementing measures.(8) The European Parliament should be given a period of three months from the first transmission of draft amendments and implementing measures to allow it to examine them and to give its opinion. However, in urgent and duly justified cases, it should be possible to shorten that period. If, within that period, a resolution is adopted by the European Parliament, the Commission should re-examine the draft amendments or measures.(9) Further consequential amendments are necessary to postpone the dates for the repeal of Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field [6] and for the transitional provisions laid down in Directive 2004/39/EC, and to extend the timetable for the Commission's reporting obligations.(10) Given the postponed deadline between the obligation for Member States to transpose Directive 2004/39/EC into national law and the deadline for investment firms and credit institutions to comply with the new requirements, the provisions of Directive 2004/39/EC will remain ineffective until 1 November 2007; it is therefore appropriate to repeal Directive 93/22/EEC with effect from 1 November 2007.(11) Directive 2004/39/EC should therefore be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 2004/39/EC is hereby amended as follows:(1) Recital 69 shall be replaced by the following:"(69) The European Parliament should be given a period of three months from the first transmission of draft amendments and implementing measures to allow it to examine them and to give its opinion. However, in urgent and duly justified cases, it should be possible to shorten that period. If, within that period, a resolution is adopted by the European Parliament, the Commission should re-examine the draft amendments or measures.";(2) Article 64 shall be amended as follows:(a) the following paragraph shall be inserted:"2a. None of the implementing measures enacted may change the essential provisions of this Directive.";(b) paragraph 3 shall be replaced by the following:"3. Without prejudice to the implementing measures already adopted, on 1 April 2008 at the latest, the application of this Directive's provisions requiring the adoption of technical rules, amendments and decisions in accordance with paragraph 2 shall be suspended. Acting on a proposal from the Commission, the European Parliament and the Council may renew the provisions concerned in accordance with the procedure laid down in Article 251 of the Treaty and, to that end, they shall review them prior to the date referred to above.";(3) Article 65 shall be replaced by the following:"Article 65Reports and review1. By 31 October 2007, the Commission shall, on the basis of public consultation and in the light of discussions with competent authorities, report to the European Parliament and to the Council on the possible extension of the scope of the provisions of this Directive concerning pre and post-trade transparency obligations to transactions in classes of financial instruments other than shares.2. By 31 October 2008, the Commission shall present the European Parliament and the Council with a report on the application of Article 27.3. By 30 April 2008, the Commission shall, on the basis of public consultations and in the light of discussions with competent authorities, report to the European Parliament and to the Council on:(a) the continued appropriateness of the exemption provided for in Article 2(1)(k) for undertakings whose main business is dealing on own account in commodity derivatives;(b) the content and form of proportionate requirements for the authorisation and supervision of such undertakings as investment firms within the meaning of this Directive;(c) the appropriateness of rules concerning the appointment of tied agents in performing investment services and/or activities, in particular with respect to the supervision of them;(d) the continued appropriateness of the exemption provided for in Article 2(1)(i).4. By 30 April 2008, the Commission shall present the European Parliament and the Council with a report on the state of the removal of the obstacles which may prevent the consolidation at European level of the information that trading venues are required to publish.5. On the basis of the reports referred to in paragraphs 1 to 4, the Commission may submit proposals for related amendments to this Directive.6. By 31 October 2006, the Commission shall, in the light of discussions with competent authorities, report to the European Parliament and to the Council on the continued appropriateness of the requirements for professional indemnity insurance imposed on intermediaries under Community law.";(4) Article 69 shall be replaced by the following:"Article 69Repeal of Directive 93/22/EECDirective 93/22/EEC shall be repealed with effect from 1 November 2007. References to Directive 93/22/EEC shall be construed as references to this Directive. References to terms defined in, or Articles of, Directive 93/22/EEC shall be construed as references to the equivalent term defined in, or Article of, this Directive.";(5) in Article 70, the first subparagraph shall be replaced by the following:"Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 31 January 2007. They shall forthwith inform the Commission thereof.They shall apply these measures from 1 November 2007.";(6) In Article 71, paragraphs 1 to 5 shall be replaced by the following:"1. Investment firms already authorised in their home Member State to provide investment services before 1 November 2007 shall be deemed to be so authorised for the purposes of this Directive if the laws of that Member State provide that to take up such activities they must comply with conditions comparable to those provided for in Articles 9 to 14.2. A regulated market or a market operator already authorised in its home Member State before 1 November 2007 shall be deemed to be so authorised for the purposes of this Directive if the laws of that Member State provide that the regulated market or market operator, as the case may be, must comply with conditions comparable to those provided for in Title III.3. Tied agents already entered in a public register before 1 November 2007 shall be deemed to be so registered for the purposes of this Directive if the laws of Member States concerned provide that tied agents must comply with conditions comparable to those provided for in Article 23.4. Information communicated before 1 November 2007 for the purposes of Articles 17, 18 or 30 of Directive 93/22/EEC shall be deemed to have been communicated for the purposes of Articles 31 and 32 of this Directive.5. Any existing system falling under the definition of an MTF operated by a market operator of a regulated market shall, at the request of the market operator of the regulated market, be authorised as an MTF, provided that it complies with rules equivalent to those required by this Directive for the authorisation and operation of MTFs and that the request concerned is made within eighteen months following 1 November 2007.".Article 21. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 31 January 2007. They shall forthwith inform the Commission thereof.They shall apply these measures from 1 November 2007.2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 3This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Strasbourg, 5 April 2006.For the European ParliamentThe PresidentJ. Borrell FontellesFor the CouncilThe PresidentH. Winkler[1] OJ C 323, 20.12.2005, p. 31.[2] Opinion of the European Parliament of 13 December 2005 (not yet published in the Official Journal) and Council Decision of 10 March 2006.[3] OJ L 145, 30.4.2004, p. 1.[4] OJ C 284 E, 21.11.2002, p. 115.[5] OJ L 184, 17.7.1999, p. 23.[6] OJ L 141, 11.6.1993, p. 27. Directive as last amended by Directive 2002/87/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1).--------------------------------------------------


Avis juridique important

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31982L0893

Council Directive 82/893/EEC of 21 December 1982 amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to foot-and-mouth disease and swine vesicular disease

Official Journal L 378 , 31/12/1982 P. 0057 - 0057 Finnish special edition: Chapter 3 Volume 15 P. 0214  Swedish special edition: Chapter 3 Volume 15 P. 0214

COUNCIL DIRECTIVE of 21 December 1982 amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to foot-and-mouth disease and swine vesicular disease (82/893/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas Directive 64/432/EEC (3), as last amended by Directive 82/61/EEC (4), lays down the conditions to be met, as regards health, by live cattle and pigs intended for intra-Community trade;  Whereas, in view of the development of foot-and-mouth disease and swine vesicular disease in the Community, the Community measures provided for in Articles 4a and 4b of Directive 64/432/EEC should be retained for an additional period ; whereas, in addition, if foot-and-mouth disease occurs accidentally in a limited part of the territory of a Member State, the right to apply the provisions in question must be retained if the disease is eliminated;  Whereas Directive 72/461/EEC (5), as last amended by Directive 81/476/EEC (6), lays down the conditions to be met, as regards health, by animals whose meat is intended for intra-Community trade;  Whereas, having regard to the trend of foot-and-mouth disease in the Community, the Community measures provided for by Article 13 of Directive 72/461/EEC should be retained,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 64/432/EEC is hereby amended as follows:    1. in the first subparagraph of Article 4a, the date"31 December 1982" shall be replaced by"31 December 1983";       2. in Article 4b:      (a) in the first and second subparagraphs,"31 December 1982", shall be replaced by"31 December 1983";           (b) the following paragraph shall be added:  "This Article shall continue to apply to:        (i) the Member States defined in theintroductory part of the first paragraphwhere foot-and-mouth disease hasoccurred in a limited part of their territoryand has been eliminated,               (ii) the Member States defined in points Aand B of the first paragraph wherefoot-and-mouth disease has occurred ina limited part of their territory and hasbeen eliminated."                                    Article 2 In Article 13 of Directive 72/461/EEC, the date "31 December 1982" shall be replaced by "31 December 1983".   Article 3 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1983.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 21 December 1982.  For the Council  The President  O. MØLLER  (1) Opinion delivered on 17 December 1982 (not yet published in the Official Journal). (2) Opinion delivered on 17 December 1982 (not yet published in the Official Journal). (3) OJ No 121, 29.7.1964, p. 1977/64. (4) OJ No L 29, 6.2.1982, p. 13. (5) OJ No L 302, 31.12.1972, p. 24. (6) OJ No L 186, 8.7.1982, p. 20.


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31988L0642

Council Directive 88/642/EEC of 16 December 1988 amending Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work

Official Journal L 356 , 24/12/1988 P. 0074 - 0078 Finnish special edition: Chapter 5 Volume 4 P. 0138  Swedish special edition: Chapter 5 Volume 4 P. 0138

COUNCIL DIRECTIVE  of 16 December 1988  amending Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work  (88/642/EEC)  (88/642/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the European Economic Community, and in particular Article 118a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, for improved protection of workers with respect to chemical, physical and biological agents at work, it is necessary to strengthen the provisions contained in Council Directive 80/1107/EEC (4), as last amended by the Act of Accession of Spain  and Portugal;  Whereas the Council resolution of 27 February 1984 on a second programme of action of the European Communities on safety and health at work (5) provides for the harmonization of provisions and measures regarding the protection of workers with respect to  certain chemical, physical and biological agents; whereas, in the interests of balanced development, it is therefore necessary to harmonize and improve those measures, while adapting them to take account of technical progress; whereas this harmonization  and improvement should be based on common principles;  Whereas the Council resolution of 21 December 1987 on safety, hygiene and health at work (6) stresses the importance of improving the safety and health of workers at the place of work;  Whereas, in accordance with Decision 74/325/EEC (7), as amended by the Act of Accession of Spain and Portugal, the Advisory Committee on Safety, Hygiene and Health at Work is to be consulted by the Commission with a view to drawing up proposals in this  field;  Whereas, for certain agents, the Council will lay down, in individual Directives, the limit values of a binding nature for occupational exposure and, where appropriate, other specific requirements;  Whereas provision should be made at Community level for drawing up for the other agents indicative limit values which the Member States would, inter alia, take into account when establishing national limit values;  Whereas representatives of employers and workers have a role to play in the protection of workers;  Whereas the provisions of this Directive are minimum requirements and in no way prevent Member States from maintaining or taking other measures so as to protect workers furhter.  HAS ADOPTED THIS DIRECTIVE:    Article 1   Directive 80/1107/EEC is hereby amended as follows:  1. The following subparagraph is added to Article 3 (1):  ´The Council, in accordance with the procedure laid down in Article 118a of the Treaty, may amend Annex I with a view, inter alia, to inserting in it agents in respect of which a binding limit value or binding limit values and/or other specific  requirements appear necessary.'  2. Article 4 is amended as follows:  (a) point 4 is replaced by the following:  ´4. (a) in the case of any activity likely to involve a risk of exposure of workers, determination of the nature and degree of the workers' exposure so that any risk to their safety or health can be assessed and the measures to be taken can be defined;  (b) establishment of limit values and of sampling procedures, measuring procedures and procedures for evaluating results; in the case of chemical agents, the establishment of sampling procedures, measuring procedures and procedures for evaluating  results, in accordance with the reference method described in Annex II a or a method yielding equivalent results;  (c) when a limit value is exceeded, identification without delay of the reasons for the limit being exceeded and implementation as soon as possible of appropriate measures to remedy the situation.';  (b) point 9 is replaced by the following:  ´9. appropriate measures shall be taken by the employer to ensure that workers and/or their representatives in undertakings or establishments receive full information on, and instruction in:  (a) the potential risks connected with their exposure, the technical preventive measures to be observed by workers and the precautions taken by the employer and to be taken by workers;  (b) the risk assessment methods used, the existence of a limit value as referred to in point 4 (b) and the need to carry out measurements, and the action to be taken, as laid down in point 4 (c), in the event of a limit value being exceeded.'  3. Article 8 (1) is replaced by the following:  ´1. The Council shall, in accordance with the procedure laid down in Article 118a of the Treaty, fix in the individual directives that it adopts with regard to the agents listed in Annex I a binding limit value or binding limit values and/or other  specific requirements.'  4. The following paragraph is added to Article 8:  ´4. Without prejudice to paragraph 1, for agents other than those listed in Annex I, indicative limit values shall be drawn up in accordance with the procedure laid down in Article 10.  The Member States shall take account, inter alia, of those indicative limit values when establishing the limit values referred to in Article 4 (4) (b).  Indicative limit values shall reflect expert evaluations based on scientific data.'  5. Article 9 (1) is replaced by the following:  ´1. With a view to the adaptation to technical progress referred to in Article 8 (3) and to the establishment of indicative limit values as referred to in Article 8 (4), a committee is hereby established consisting of representatives of the Member  States and chaired by a representative of the Commission.'  6. Annex II a, which appears in the Annex to this Directive, is inserted.  Article 2   1. This Directive shall be without prejudice to the right of Member States to apply or adopt other laws, regulations and administrative provisions laying down more stringent standards.  2. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than two years after its notifiction (1). They shall forthwith inform the Commission thereof.  3. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.  Article 3   This Directive is addressed to the Member States.   Done at Brussels, 16 December 1988.  For the Council  The President  G. GENNIMATAS   (1) OJ No C 164, 2. 7. 1986, p. 4.  (2) OJ No C 167, 27. 6. 1988, p. 84 and OJ No C 290, 14. 11. 1988.  (3) OJ No C 319, 30. 11. 1987, p. 41.  (4) OJ No L 327, 3. 12. 1980, p. 8.  (5) OJ No C 67, 8. 3. 1984, p. 2.  (6) OJ No C 28, 3. 2. 1988, p. 1.  (7) OJ No L 185, 9. 7. 1974, p. 15.  (8) This Directive was notified to the Member States on 21 December 1988.    ANNEX  ´ANNEX II a  REFERENCE METHOD REFERRED TO IN ARTICLE 4 (4) (b)   A. DEFINITIONS  I. Suspended matter  1. Physico-chemical definitions  (a) "Dust" means a disperse distribution of solids in air, brought about by mechanical processes or stirred up.  (b) "Fume" means a disperse distribution of solids in air, brought about by thermal and/or chemical processes.  (c) "Mist" means a disperse distribution of liquids in air, brought about by condensation or dispersion.  2. Occupational medicine and toxicological definitions of particle populations  (a) Dusts, like fumes and mists, fall into the category of suspended matter.  In assessing the health risks of suspended matter, account must be taken of particle size as well as specific dangerous effect, concentration and exposure time.  (b) Only part of the total suspended matter within a worker's breathing area is inhaled. This is termed the inspirable fraction.  Important factors here are the inspiration rate around the nose and mouth and flow conditions about the head.  (c) Depending on its size, the inspirable fraction may be deposited in various areas of the respiratory tract.  Deposition has, inter alia, a considerable effect on the point and nature of noxious effect.  The fraction of the inspirable fraction reaching the alveoli is called the respirable fraction.  The respirable fraction is of particular interest in occupational medicine.  II. Limit value  (a) The limit value is stated as the eight-hour time-weighted average concentration of exposure of a substance in gaseous, vaporous or suspended form in the air at the workplace.  Exposure means the presence of a chemical agent in the air within the breathing area of a worker.  It is described in terms of concentration over a reference period.  This section does not concern limit values for biological indicators.  (b) In addition it may be necessary to limit, for certain substances, permissible upward excursions from the average eight-hour time-weighted exposure to substances for shorter terms.  Monitoring then relates to the average concentration of the substance for the shorter term in question.  (c) The limit value for gases and vapours is stated in terms independent of temperature and air pressure variables in ml/m3 (ppm) and in terms dependent on those variables in mg/m3 for a temperature of 20 °C and a pressure of 101,3 kPa.  The limit value for suspended matter is given in mg/m3 for operating conditions at the workplace.  B. ASSESSMENT OF EXPOSURE AND MEASURING STRATEGY  1. Basics  (a) If the presence of one or more agents in gaseous, vaporous or suspended form in the air at the workplace cannot for certain be ruled out, an assessment must be made to see whether the limit values are complied with.  (b) In this assessment, all points which might be relevant to exposure must be carefully looked into, for example:  - agents used or produced,  - operations, technical installations and processes,  - temporal and spatial distribution of concentrations of agents.  (c) A limit value is complied with if the assessment shows that exposure does not exceed it.  If the information obtained is insufficient to establish reliably whether the limit values are complied with, it must be supplemented by workplace measurements.  (d) If the assessment shows that a limit value is not complied with:  - the reasons for the limit being exceeded must be identified and appropriate measures to remedy the situation must be implemented as soon as possible.  - the assessment must be repeated.  (e) If the assessment shows that the limit values are complied with, subsequent measurements at appropriate intervals must, if necessary, be taken to ensure that the situation continues to prevail.  The nearer the concentration recorded comes to the limit value, the more frequently measurements must be taken.  (f) If the assessment shows that, on a long-term basis, owing to the arrangement of the work process, the limit values are complied with and there is no substantial change in conditions at the workplace likely to lead to a change of workers' exposure,  the frequency of checks on compliance through measurements may be curtailed.  In such cases, however, it must regularly be checked whether the assessment leading to that conclusion is still applicable.  (g) If workers are exposed simultaneously or consecutively to more than one agent, this fact must be taken into consideration in evaluating the health risk to which they are exposed.  2. Requirements for persons who carry out measurements  Those carrying out measurements must possess the necessary expertise and facilities.  3. Requirements for measuring procedures  (a) The measuring procedure must give results represesentative of worker exposure.  (b) To ascertain the exposure of the worker at the workplace, where possible personal sampling devices should be used, attached to workers' bodies.  Where a group of workers is performing identical or similar tasks at the same place and has similar exposure, sampling such as to be representative of the group may be carried out within that group.  Fixed-point measuring systems may be used if the results make it possible to assess exposure of the worker at the workplace.  Samples should as far as possible be taken at breathing height and in the immediate vicinity of workers.  If in doubt, the point of greatest risk is to be taken as the measuring point.  (c) The measuring procedure used must be appropriate to the agent to be measured, its limit value and the workplace atmosphere.  The result must show the concentration of the agent exactly and in the same terms as the limit value.  (d) If the measuring procedure is not specific to the agent to be measured, the full value recorded must be counted as applying to the agent to be measured.  (e) The limits of detection, sensitivity and precision of the measuring procedure must be appropriate to the limit value.  (f) The accuracy of the measuring procedure should be ensured.  (g) The measuring procedure must have been tested under practical conditions of use.  (h) If the European Committee for Standardization (CEN) publishes general requirements for the performance of measuring procedures and devices for workplace measurements together with provisions on testing, they should be referred to when selecting  appropriate measuring procedures.  4. Measurement specifications for detecting representative particle populations in the air at the workplace  (a) Suspended matter concentration should be measured in relation to effect; therefore, when sampling, either the inspirable fraction or the respirable fraction should be measured.  This requires particle separation according to aerodynamic diameter equivalent to the deposition occurring in breathing.  Since appropriate equipment for workplace sampling is not yet available, practical specifications for uniform measurement are needed.  (b) The fraction of suspended matter which can be breathed in by a worker through the mouth and/or the nose is deemed to be inspirable.  By way of example, in measurement practice, devices with an inspiration rate of 1,25 m/s +/  10 % or devices in conformity with ISO/TR 7708 1983 (E) are used for sampling.  In the first of these two cases, cited by way of example:  - with sampling devices attached to the person, the inlet should be directed parallel to the worker's face throughout sampling,  - with fixed-point sampling, the position and shape of the inlet should enable samples representative of workers' exposure covering various directions of flow to be taken,  - the position of the sampling device inlet is of little significance where there are very low flow rates for the surrounding air,  - with surrounding flow rates of 1 m/s and above, omnidirectional sampling in the horizontal plane is recommended.  (c) The respirable fraction of suspended matter comprises a population passed through a separation system equivalent in its effect to the theoretical separation function of a sedimentation separator giving 50 % separation of particles with an  aerodynamic diameter of 5 mm (Johannesburg Convention, 1979).  (d) If the CEN establishes specifications for the collection of suspended material at the workplace, they should be applied, by way of preference.  Other methods may be used provided that they yield the same conclusion or a stricter conclusion in relation to compliance with the limit values.'


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31986L0216

Council Directive 86/216/EEC of 26 May 1986 amending, on account of the accession of Portugal, Directive 83/416/EEC concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States

Official Journal L 152 , 06/06/1986 P. 0047 - 0047

*****COUNCIL  DIRECTIVE  of 26 May 1986  amending, on account of the accession of Portugal, Directive 83/416/EEC concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States  (86/216/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,  Having regard to the proposal from the Commission,  Whereas the Act of Accession of Spain and Portugal provides that Directive 83/416/EEC (1) must be adjusted so as to add to it the classification of Portuguese airports open to scheduled international traffic;  Whereas air traffic in the Atlantic islands comprising the autonomous region of the Azores is currently insufficiently developed; whereas, for that reason, airports situated on these islands should be temporarily exempted from the application of Directive 83/416/EEC;  Whereas the infrastructure at Oporto airport is still being expanded to enable it to cope with the growth in scheduled services; whereas, consequently, the airport should be temporarily exempted from the application of Directive 83/416/EEC,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 83/416/EEC is hereby amended as follows:  1. Article 15 (1) and (3) are replaced by the following:  '1. Airports in the Greek islands and in the Atlantic islands comprising the autonomous region of the Azores shall be exempted from the application of this Directive until 1 July 1993.'  '3. The Commission shall make a report on the air traffic system in the Greek islands and in the Atlantic islands comprising the autonomous region of the Azores by 31 December 1991, and a further report by 31 December 1996.'  2. The following Article is inserted:  'Article 15a  1. By way of derogation from the classification of airports set out in Annex A, Oporto airport shall be exempted from the application of this Directive until 1 January 1993.  2. The derogation referred to in paragraph 1 shall be rescinded as soon as the Portuguese Republic judges that the economic conditions of the airport have improved. To this end, the Portuguese Republic shall inform the Commission, which shall take the necessary decision.'  3. In Annex A to Directive 83/416/EEC the following is inserted after 'Netherlands':  1.2.3 // 'PORTUGAL   // Lisboa   // 1   //   // Faro   // 1  //   // Funchal   // 2   //   // Porto   // 2'.  Article 2  1. After consulting the Commission, Member States shall take the necessary measures to comply with this Directive by 30 June 1986.  2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 26 May 1986.  For the Council  The President  G. BRAKS  (1) OJ No L 237, 26. 8. 1983, p. 19.


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31969L0463

Third Council Directive 69/463/EEC of 9 December 1969 on the harmonisation of legislation of Member States concerning turnover taxes - introduction of value added tax in Member States

Official Journal L 320 , 20/12/1969 P. 0034 - 0035 Finnish special edition: Chapter 9 Volume 1 P. 0013  Danish special edition: Series I Chapter 1969(II) P. 0535  Swedish special edition: Chapter 9 Volume 1 P. 0013  English special edition: Series I Chapter 1969(II) P. 0551  Greek special edition: Chapter 09 Volume 1 P. 0025  Spanish special edition: Chapter 09 Volume 1 P. 0027  Portuguese special edition Chapter 09 Volume 1 P. 0027

THIRD COUNCIL DIRECTIVE  of 9 December 1969  on the harmonisation of legislation of Member States concerning turnover taxes - introduction of value added tax in Member States  (69/463/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament (1); Having regard to the Opinion of the Economic and Social Committee (2); Whereas the Italian Republic and the Kingdom of Belgium made known to the Commission, on 14 July and 12 September 1969 respectively, that they were not in a position to meet the final date of 1 January 1970 for the introduction of value added tax as provided in the second paragraph of Article 1 of the First Council Directive of 11 April 1967 (3) on the harmonisation of legislation of Member States concerning turnover taxes ; whereas, consequently, those Member States have asked for a further period of two years and one year respectively for the introduction of that tax; Whereas the Kingdom of Belgium considers that it is not in a position to apply value added tax on the date laid down, mainly for conjunctural and budgetary reasons peculiar to Belgium; Whereas the Italian Republic has pointed out that a proposal for the general reform of taxes has now been tabled for consideration and adoption by Parliament, which has not yet considered this problem ; whereas, according to that proposal, the appropriate legislation must be adopted before 31 October 1970 ; whereas, consequently, that Member State is not in a position to apply value added tax on the date laid down; Whereas an additional period may be granted only if it is kept to a minimum; Whereas, in these circumstances, introduction of value added tax may not be delayed beyond 1 January 1972; Whereas one of the main objectives of the First Directive mentioned above is, through the introduction of value added tax on 1 January 1970, to establish conditions making it possible to avoid competition being distorted by turnover taxes; Whereas that objective cannot be attained by 1 January 1970, in particular as regards trade, since these Member States will continue to apply, by means of turnover taxes, average rates of equalisation of the internal tax burden; Whereas Member States which are not in a position to introduce value added tax by 1 January 1970 should not increase their average equalisation rates in operation on 1 October 1969; HAS ADOPTED THIS DIRECTIVE:Article 1The date of 1 January 1972 shall be substituted for that of 1 January 1970 laid down in Article 1 of the First Directive of 11 April 1967. Article 2For the purposes of this Directive, "average rates" means the rates of countervailing charges on  (1) OJ No C 139, 28.10.1969, p. 32. (2) OJ No C 144, 8.11.1969, p. 13. (3) OJ No 71, 14.4.1967, p. 1301/67.  importation and of repayments on exportation introduced so as to equalise, as regards national products, the burden resulting from the cumulative multi-stage turnover tax at the various stages of production, excluding the tax on sales by the final producer. Article 3The average rates in force on 1 October 1969 may not be increased. However, the average rates in operation on that date shall be adapted to any later changes in the rates of turnover tax. Article 4This Directive is addressed to the Member States.Done at Brussels, 9 December 1969. For the Council The President H.J. DE KOSTER