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31995L0052

Council Directive 95/52/EC of 25 October 1995 amending Directive 90/675/EEC laying down the principles governing the organization of veterinary checks on products entering the Community from third countries

Official Journal L 265 , 08/11/1995 P. 0016 - 0016

COUNCIL DIRECTIVE 95/52/EC of 25 October 1995 amending Directive  90/675/EEC laying down the principles governing the organization of veterinary checks on products  entering the Community from third countriesTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission  (1), Having regard to the opinion of the European Parliament  (2), Whereas the establishment of the internal market made it necessary to fix common principles for  veterinary checks given that internal border checks were to be abolished; Whereas Directive 90/675/EEC  (3) lays down the principles governing the organization of veterinary  checks on products entering the Community from third countries; Whereas, in order to facilitate the move to the new system of veterinary checks, it is possible for  the Commission, pursuant to Article 30 of the abovementioned Directive, to take transitional  measures until 30 June 1995; Whereas, by Decision 92/571/EEC  (4), the Commission took transitional measures taking into account  the difficulties of carrying out veterinary checks on non fully-harmonized products at the external  border; Whereas it has not been possible to put in place, within the existing time frame, all the necessary  checking arrangements, and in particular to complete the process of harmonizing the import  conditions for animal products originating in third countries; Whereas, in order to avoid disruption of trade in animal products, it is necessary to extend the  possibility of taking transitional measures for a limited period of time, given that the deadline  provided for this purpose was reached on 30 June 1995, HAS ADOPTED THIS DIRECTIVE: Article 1 In Article 30 of Directive 90/675/EEC, 'for three years` shall be  replaced by 'until 31 December 1996`. Article 2 This Directive shall enter into force on the day of its publication in the Official  Journal of the European Communities. It shall apply with effect from 1 July 1995. Article 3 This Directive is addressed to the Member States. Done at Luxembourg, 25 October 1995. For the Council The President L. ATIENZA


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31981L0020

Council Directive 81/20/EEC of 20 January 1981 amending for the seventh time the Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorized for use in foodstuffs intended for human consumption

Official Journal L 043 , 14/02/1981 P. 0011 - 0011 Finnish special edition: Chapter 13 Volume 11 P. 0107  Spanish special edition: Chapter 13 Volume 11 P. 0161  Swedish special edition: Chapter 13 Volume 11 P. 0107  Portuguese special edition Chapter 13 Volume 11 P. 0161

COUNCIL DIRECTIVE of 20 January 1981 amending for the seventh time the Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorized for use in foodstuffs intended for human consumption (81/20/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas part (b) of Annex II to the Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorized for use in foodstuffs intended for human consumption (4), as last amended by Directive 78/144/EEC (5), lays down the list of products for diluting or dissolving colouring matters;  Whereas the use of the carotenoid colouring matters E 160 and E 161 is facilitated by their dilution with carrageenan (E 407) and gum arabic (E 414) ; whereas the Commission is reviewing the use of all substances used for diluting and dissolving colouring matters and it is therefore not possible to take a final decision on whether these two substances should be authorized within the Community,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The following substances shall be added to part (b) of Annex II to the Directive of 23 October 1962 under the conditions specified therein:    - Carrageenan (exclusively for the colouring matters listed under numbers E 160 and E 161 in Annex I),       - Gum Arabic (exclusively for the colouring matters listed under numbers E 160 and E 161 in Annex I).          Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the Directive not later than 1 July 1981 and shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 20 January 1981.  For the Council  The President  Ch.A. van der KLAAUW   (1) OJ No C 201, 10.8.1979, p. 13.  (2) OJ No C 147, 16.6.1980, p. 124.  (3) OJ No C 113, 7.5.1980. p. 9.  (4) OJ No 115, 11.11.1962, p. 2645/62.  (5) OJ No L 44, 15.2.1978, p. 20.


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31990L0486

Council Directive 90/486/EEC of 17 September 1990 amending Directive 84/529/EEC on the approximation of the laws of the Member States relating to electrically operated lifts

Official Journal L 270 , 02/10/1990 P. 0021 - 0022 Finnish special edition: Chapter 13 Volume 19 P. 0246  Swedish special edition: Chapter 13 Volume 19 P. 0246

*****COUNCIL  DIRECTIVE  of 17 September 1990  amending Directive 84/529/EEC on the approximation of the laws of the Member States relating to electrically operated lifts  (90/486/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 European and Social Committee (3),  Whereas Council Directive 84/529/EEC (4), as amended by Commission Directive 86/312/EEC (5), may be applied, mutatis mutandis, to hydraulically or electro-hydraulically operated lifts;  Whereas the standard EN 81-1 on which Directive 84/529/EEC is based has been supplemented since that Directive was published by a second part, EN 81-2, which relates to hydraulic and oil lifts;  Whereas the scope of Directive 84/529/EEC should be extended as a matter of urgency since manufacturers face significant technical barriers to intra-Community trade which threaten to distort the market;  Whereas measures must be adopted aimed at progressively establishing the internal market over a period expiring on 31 December 1992,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 84/529/EEC is hereby amended as follows:  1. the title of the Directive is replaced by:  'Council Directive 84/529/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to electrically, hydraulically or oil-electrically operated lifts';  2. the first recital is replaced by the following:  'Whereas in the Member States the construction and inspection of electrically, hydraulically or oil-electrically operated lifts are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such lifts; whereas it is therefore necessary to approximate these provisions;'  3. Article 1 (1) is replaced by the following:  '1. This Directive shall apply to permanently installed hoisting appliances electrically, hydraulically or oil-electrically driven serving specific levels, having a car designed for the transport of persons or of persons and goods, suspended by ropes or chains or supported by one or more ramps and moving at least partially between guides which are vertical or inclined at an angle of less than 15° to the vertical, hereinafter referred to as "lifts".';  4. the following is deleted from the third indent of Article 1 (2):  'passenger, goods or service lifts not driven by an electric motor, appliances actuated by fluids (such as oil and hydraulic lifts),';  5. in Annex I:  (a) section 1 is replaced by the following:  '1. The appliances referred to in Article 1 (1) must, with the exception of the sections referred to in section 2, comply with the following standards adopted by the European Committee for Standardization (CEN):  - EN 81-1 (edition: December 1985). Safety rules for the construction and installation of lifts and service lifts. Part 1: Electric lifts.  - EN 81-2 (edition: November 1987). Safety rules for the construction and installation of lifts and service lifts. Part 2: Hydraulic lifts.';  (b) in section 2,  '2. This standard shall apply subject to the following modifications:  2.1. Section 12.4.2.1.'  is replaced by:  '2. These standards shall apply, subject to the following modifications:  2.1. Section 12.4.2.1 (applies only for standard EN 81-1 - edition: December 1985)'.  Article 2  1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary in order to comply with this Directive during the six months following its notification (1). They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of 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, 17 September 1990.  For the Council  The President  P. ROMITA  (1) OJ No C 17, 24. 1. 1990, p. 9.  (2) OJ No C 149, 18. 6. 1990, p. 144 and Decision of 12 September 1990 (not yet published in the Official Journal).  (3) OJ No C 168, 10. 7. 1990, p. 3.  (4) OJ No L 300, 19. 11. 1984, p. 86.  (5) OJ No L 196, 18. 7. 1986, p. 56.  (1) This Directive was notified to the Member States on 24 September 1990.


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31998L0093

Council Directive 98/93/EC of 14 December 1998 amending Directive 68/414/EEC imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products

Official Journal L 358 , 31/12/1998 P. 0100 - 0104

COUNCIL DIRECTIVE 98/93/EC of 14 December 1998 amending Directive 68/414/EEC imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum productsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 103a(1) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),(1) Whereas the Council adopted Directive 68/414/EEC of 20 December 1968 imposing an obligation on Member States of the European Economic Community to maintain minimum stocks of crude oil and/or petroleum products (4);(2) Whereas imported crude oil and petroleum products continue to play an important role in the Community's energy supplies; whereas any difficulty, even temporary, having the effect of reducing supplies of such products, or significantly increasing the price thereof on international markets, could cause serious disturbances in the economic activity of the Community; whereas the Community must be in a position to offset or at least to diminish any harmful effects in such a case; whereas it is necessary to update Directive 68/414/EEC adapting it to the reality of the internal market of the Community and the evolution of the oil markets;(3) Whereas in Directive 73/238/EEC (5) the Council decided upon appropriate measures - including drawing on oil stocks - to be taken in the event of difficulties in the supply of crude oil and petroleum products to the Community; whereas Member States have undertaken similar obligations in the Agreement on an 'International Energy Programme`;(4) Whereas it is important that the security of oil supply is enhanced;(5) Whereas it is necessary that the organisational arrangements for oil stocks do not prejudice the smooth running of the internal market;(6) Whereas the provisions of this Directive do not affect the full application of the Treaty, in particular the provisions concerning the internal market and competition;(7) Whereas, in accordance with the principle of subsidiarity and in accordance with the principle of proportionality as stipulated in Article 3b of the Treaty, the objective of maintaining a high level of security of oil supply in the Community through reliable and transparent mechanisms based on solidarity amongst Member States and, at the same time, complying with the rules of the internal market and competition, can be carried out more adequately at the level of the Community; whereas this Directive does not exceed what is necessary to achieve this objective;(8) Whereas it is necessary that stocks are at the disposal of Member States should difficulties in oil supply arise; whereas Member States should possess the powers and the capacity to control the use of stocks so that they can be made available promptly for the benefit of the areas which most need oil supplies;(9) Whereas organisational arrangements for the maintenance of stocks should ensure the stocks' availability and their accessibility to the consumer;(10) Whereas it is appropriate that organisational arrangements for the maintenance of stocks are transparent, ensuring a fair and non-discriminatory sharing of the burden of the stock-holding obligation; whereas, therefore, information relating to the cost of holding oil stocks may be made available by Member States to interested parties;(11) Whereas, in order to organise the maintenance of stocks, Member States may have recourse to a system based on a stockholding body or entity which will hold all, or part, of the stocks making up their stockholding obligation; whereas the balance, if any, should be maintained by refiners and other market operators; whereas partnership between the Government and the industry is essential to operate efficient and reliable stockholding mechanisms;(12) Whereas indigenous production contributes in itself to security of supply; whereas the oil market evolution can justify an appropriate derogation from the obligation to maintain oil stocks for Member States with indigenous oil production; whereas, in accordance with the principle of subsidiarity, Member States may exempt undertakings from the obligation to maintain stocks in respect of an amount not exceeding the quantity of products which those undertakings manufacture from indigenously produced crude oil;(13) Whereas it is appropriate to adopt approaches which are already followed by the Community and the Member States within their international obligations and agreements; whereas, owing to changes in the pattern of oil consumption, international aviation bunkers have become an important component of this consumption;(14) Whereas there is a need to adapt and simplify the Community statistical reporting mechanism concerning oil stocks;(15) Whereas oil stocks can, in principle, be held anywhere in the Community and, therefore, it is appropriate to facilitate the establishment of stocks outside national territory; whereas it is necessary that decisions for holding stocks outside national territory are taken by the Government of the Member State concerned according to its needs and supply security considerations; whereas in the case of stocks held at the disposal of another undertaking, or body/entity, more detailed rules are needed to guarantee their availability and accessibility in the event of oil supply difficulties;(16) Whereas it is desirable, in order to ensure the smooth running of the internal market, to promote the use of agreements between Member States concerning minimum stockholding in order to further the use of storage facilities in other Member States; whereas it is for the Member States concerned to take the decision to conclude such agreements;(17) Whereas it is appropriate to strengthen the administrative supervision of stocks and establish efficient mechanisms for the control and verification of stocks; whereas a regime of sanctions is necessary to impose such a control;(18) Whereas Directive 72/425/EEC raised from 65 to 90 days the reference period appearing in the first paragraph of Article 1 of Directive 68/414/EEC and laid down the conditions to implement this increase; whereas that Directive has been rendered obsolete by this Directive; whereas Directive 72/425/EEC should therefore be repealed;(19) Whereas it is appropriate to inform the Council on a regular basis on the situation concerning security stocks in the Community,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 68/414/EEC is hereby amended as follows:1. Article 1 shall be replaced by the following:'Article 11. Member States shall adopt such laws, regulations or administrative provisions as may be appropriate in order to maintain within the European Community at all times, subject to the provisions of Article 7, their stocks of petroleum products at a level corresponding, for each of the categories of petroleum products listed in Article 2, to at least 90 days' average daily internal consumption in the preceding calendar year referred to in Article 4.2. That part of internal consumption met by derivatives of petroleum produced indigenously by the Member State concerned may be deducted up to a maximum of 25 % of the said consumption. The distribution within the Member States of the result of such a deduction shall be decided by the Member State concerned.`;2. Article 2 shall be deleted;3. the existing Article 3 shall become Article 2 and shall be supplemented by the following paragraph:'Bunker supplies for sea-going vessels shall not be included in the calculation of internal consumption.`;4. the following Article shall be inserted:'Article 31. Stocks maintained in accordance with Article 1 shall be fully at the disposal of Member States should difficulties arise in obtaining oil supplies. Member States shall ensure that they have the legal powers to control the use of stocks in such circumstances.At all other times, Member States shall ensure the availability and accessibility of these stocks; they shall establish arrangements allowing for the identification, accounting and control of the stocks.2. Member States shall ensure that fair and non-discriminatory conditions apply in their stockholding arrangements.The cost burden resulting from the maintenance of stocks in accordance with Article 1 shall be identified by transparent arrangements. In this context, Member States may adopt measures to obtain appropriate information regarding the cost burden of stockholding in accordance with Article 1 and to make such information available to interested parties.3. To fulfil the requirements of paragraphs 1 and 2, Member States may decide to have recourse to a stockholding body or entity which will be responsible for holding all or part of the stocks.Two or more Member States may decide to have recourse to a joint stockholding body or entity. In that case they shall be jointly responsible for the obligations deriving from this Directive.`;5. Article 4 shall be replaced by the following:'Article 4Member States shall submit to the Commission a statistical summary showing stocks existing at the end of each month, drawn up in accordance with Articles 5 and 6 and specifying the number of days of average consumption in the preceding calendar year which those stocks represent. This summary must be submitted at the latest by the 25th day of the second month after the month to be reported.A Member State's stockholding obligation shall be based on the previous calendar year's internal consumption. At the beginning of each calendar year, Member States must re-calculate their stockholding obligation at the latest by 31 March in each year and ensure that they comply with their new obligations as soon as possible and, in any event, at the latest by 31 July in each year.In the statistical summary, stocks of jet fuel of the kerosene type shall be reported separately under category II.`;6. Article 5 shall be replaced by the following:'Article 5Stocks required to be maintained by Article 1 may be maintained in the form of crude oil and intermediate products, as well as in the form of finished products.In the statistical summary of stocks provided for in Article 4, finished products shall be accounted for according to their actual tonnage; crude oil and intermediate products shall be accounted for:- in the proportions of the quantities for each category of product obtained during the preceding calendar year from the refineries of the State concerned, or- on the basis of the production programmes of the refineries of the State concerned for the current year, or- on the basis of the ratio between the total quantity manufactured during the preceding calendar year in the State concerned of products covered by the obligation to maintain stocks and the total amount of crude oil used during that year; the foregoing shall apply to not more than 40 % of the total obligation for the first and second categories (petrol and gas oils), and to not more than 50 % for the third category (fuel oils).Blending components, when intended for processing into the finished products listed in Article 2, may be substituted for the products for which they are intended.`;7. Article 6 shall be amended as follows:(a) Paragraph 1 shall be replaced by the following:'1. When calculating the level of minimum stocks provided for in Article 1, only those quantities which would be held in accordance with Article 3(1) shall be included in the statistical summary.`;(b) Paragraph 2 shall be replaced by the following:'2. For the purposes of implementing this Directive, stocks may be established, under agreements between Governments, within the territory of a Member State for the account of undertakings, or bodies/entities, established in another Member State. It is for the Government of the Member State concerned to decide whether to hold a part of its stocks outside its national territory.In such cases, the Member State on whose territory the stocks are held under the framework of such an agreement shall not oppose the transfer of these stocks to the other Member States for the account of which stocks are held under that agreement; it shall keep a check on such stocks in accordance with the procedures specified in that agreement but shall not include them in its statistical summary. The Member State on whose behalf the stocks are held may include them in its statistical summary.In such cases, together with the statistical summary provided for by Article 4, each Member State shall send a report to the Commission concerning the stocks maintained within its own territory for the benefit of another Member State, as well as the stocks held in other Member States for its own benefit. In both cases, the storage locations and/or companies holding the stocks, quantities and product category - or crude oil - stored will be indicated in the report.Drafts of the agreements mentioned in the first subparagraph shall be sent to the Commission, which may make its comments known to the Governments concerned. The agreements, once concluded, shall be notified to the Commission, which shall make them known to the other Member States.Agreements shall satisfy the following conditions:- they must relate to crude oil and to all petroleum products covered by this Directive,- they must lay down conditions and arrangements for the maintenance of stocks with the aim of safeguarding control and availability of these stocks,- they must specify the procedures for checking and identifying the stocks provided for, inter alia, the methods for carrying out and cooperating on inspections,- they must as a general rule be concluded for an unlimited period,- they must state that, where provision is made for unilateral termination, the latter shall not operate in the event of a supply crisis and that, in any event, the Commission shall receive prior information of any termination.When stocks established under such agreements are not owned by the undertaking, or body/entity, which has an obligation to hold stocks, but are held at the disposal of this undertaking, or body/entity, by another undertaking, or body/entity, the following conditions shall be met:- the beneficiary undertaking, or body/entity, must have the contractual right to acquire these stocks throughout the period of the contract; the methodology for establishing the price of such acquisition must be agreed between the parties concerned,- the minimum period of such a contract must be 90 days,- storage location and/or companies holding the stocks at the disposal of the beneficiary undertaking, or body/entity, as well as quantity and category of product, or crude oil, stored in that location must be specified,- the actual availability of the stocks for the beneficiary undertaking, or body/entity, must be guaranteed, at all times throughout the period of the contract, by the undertaking or body/entity holding the stocks at the disposal of the beneficiary undertaking, or body/entity,- the undertaking, or body/entity, holding the stocks at the disposal of the beneficiary undertaking, or body/entity, must be one which is subject to the jurisdiction of the Member State on whose territory the stocks are situated insofar as the legal powers of that Member State to control and verify the existence of the stocks are concerned.`;(c) Paragraph 3, second subparagraph, shall be replaced by the following:'Consequently the following shall, in particular, be excluded from the statistical summary: indigenous crude oil not yet extracted; supplies intended for the bunkers of sea-going vessels; supplies in direct transit apart from the stocks referred to in paragraph 2; supplies in pipelines, in road tankers and rail tank-wagons, in the storage tanks of retail outlets, and those held by small consumers. Quantities held by the armed forces and those held for them by the oil companies shall also be excluded from the statistical summary.`;8. the following Article shall be inserted:'Article 6aMember States shall adopt all the necessary provisions and take all the necessary measures to ensure control and supervision of stocks. They shall put in place mechanisms to verify the stocks according to the provisions of this Directive.`9. the following Article shall be inserted:'Article 6bMember States shall determine the penalties applicable to breaches of the national provisions adopted pursuant to this Directive and shall take any measure necessary to ensure the implementation of these provisions. The penalties shall be effective, proportionate and dissuasive.`Article 2 Directive 72/425/EEC shall be repealed with effect from 31 December 1999.Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 2000. They shall forthwith inform the Commission thereof.2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.Article 4 Owing to its specific characteristics, the Hellenic Republic shall be granted a non-renewable additional period of three years to apply the obligations of this Directive in relation to the inclusion of bunker supplies for international aviation in the calculation of internal consumption.Article 5 The Commission shall submit regularly to the Council a report on the situation concerning stocks in the Community, including if appropriate on the need for harmonisation in order to ensure effective control and supervision of stocks. The first report shall be submitted to the Council during the second year following the date stipulated in Article 3(1).Article 6 This Directive shall enter into force on the date of its publication in the Official Journal of the European Communities.Article 7 This Directive is addressed to the Member States.Done at Brussels, 14 December 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ C 160, 27. 5. 1998, p. 18.(2) OJ C 359, 23. 11. 1998.(3) Opinion delivered on 10-11 September 1998 (not yet published in the Official Journal).(4) OJ L 308, 23. 12. 1968, p. 14. Directive as amended by Directive 72/425/EEC (OJ L 291, 28. 12. 1972, p. 154).(5) OJ L 228, 16. 8. 1973, p. 1.


title: Council Directive 2005/24/EC of 14 March 2005 with regard to the use of ova and embryos and storage centres for semen from pure-bred breeding animals of the bovine species (Text with EEA relevance)

text:
               24.3.2005

               EN

               Official Journal of the European Union

               L 78/43

         COUNCIL DIRECTIVE 2005/24/EC
   of 14 March 2005
   with regard to the use of ova and embryos and storage centres for semen from pure-bred breeding animals of the bovine species
   (Text with EEA relevance)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Having regard to the Opinion of the European Economic and Social Committee (2),
   Whereas:

               (1)

               Article 4 of Council Directive 87/328/EEC of 18 June 1987 on the acceptance for breeding purposes of pure-bred breeding animals of the bovine species (3) requires semen for intra-Community trade to be collected, treated and stored in an officially approved artificial insemination centre.

               (2)

               Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in, and imports of, semen of domestic animals of the bovine species (4) allows semen to be stored not only in semen collection centres but also in semen storage centres.

               (3)

               In order to ensure consistency in Community legislation, Article 4 of Directive 87/328/EEC should be adapted to the extended scope of, and the newly introduced definitions in, Directive 88/407/EEC. On that occasion, Directive 87/328/EEC should be aligned on the other legislation on pure-breeding animals with regard to ova and embyros,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 87/328/EEC shall be amended as follows:

               1.

               Article 1 shall be replaced by the following:
               ‘Article 1
               Member States shall ensure that, without prejudice to animal health rules, there is no prohibition, restriction or impediment on:

                           —

                           the acceptance of pure-bred female animals of the bovine species for breeding purposes,

                           —

                           the acceptance of pure-bred bulls for natural service, and

                           —

                           the use of ova and embryos from pure-bred female animals of the bovine species.’;

               2.

               Article 4 shall be replaced by the following:
               ‘Article 4
               Member States shall ensure that, for intra-Community trade, the semen referred to in Article 2 is collected, processed and stored in a collection centre, or, if need be, stored in a storage centre, approved in accordance with Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (5).’.

                  (5)  OJ L 194, 22.7.1988, p. 10. Directive as last amended by Commission Decision 2004/101/EC (OJ L 30, 4.2.2004, p. 15)."

         Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 24 March 2007. They shall forthwith communicate to the Commission the text of those measures, together with a table showing how the provisions of this Directive correspond to the national measures adopted.
   When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following the date of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 14 March 2005.

            For the Council

            The President

         F. BODEN

      (1)  Opinion of 14 December 2004 (not yet published in the Official Journal).

      (2)  Opinion of 15 December 2004 (not yet published in the Official Journal).

      (3)  OJ L 167, 26.6.1987, p. 54.

      (4)  OJ L 194, 22.7.1988, p. 10. Directive as last amended by Commission Decision 2004/101/EC (OJ L 30, 4.2.2004, p. 15).


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31997L0048

Commission Directive 97/48/EC of 29 July 1997 amending for the second time Council Directive 82/711/EEC laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs (Text with EEA relevance)

Official Journal L 222 , 12/08/1997 P. 0010 - 0015

COMMISSION DIRECTIVE 97/48/EC of 29 July 1997 amending for the second time Council Directive 82/711/EEC laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (1), and in particular Article 3 thereof,Whereas Council Directive 82/711/EEC of 18 October 1982 laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs (2), as amended by Directive 93/8/EEC (3), does not specify the migration tests to be carried out in cases where the fatty food simulants are inappropriate;Whereas the application of the test using the fatty food simulants is time consuming and difficult to conduct and therefore alternative tests in some specified conditions should be permitted;Whereas it is not clear whether Directive 82/711/EEC authorizes the use of plastic materials and articles which are not intended to come into contact with foodstuffs of all types but which are intended to come into contact with more than one single foodstuff or more than one specific group of foodstuffs; whereas this use may be authorized without posing any problem to health provided an appropriate indication informs the consumer or the retailer of the type(s) of foodstuff(s) with which it may or may not come into contact;Whereas the indication of an excessive number of foodstuffs types which could be in contact with some plastic materials and articles may not be easy to understand and therefore these materials and articles should be submitted to all the food simulants or test media provided by this Directive to protect the consumer;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1 The Annex to Directive 82/711/EEC is replaced by the Annex hereto.Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive as from 1 July 1998. They shall immediately inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.Article 3 This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 29 July 1997.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 40, 11. 2. 1989, p. 38.(2) OJ No L 297, 23. 10. 1982, p. 26.(3) OJ No L 90, 14. 4. 1993, p. 22.ANNEX 'ANNEXBASIC RULES FOR OVERALL AND SPECIFIC MIGRATION TESTING1. "Migration tests" for the determination of specific and overall migration shall be carried out using the "food simulants" laid down in Chapter I of this Annex and under "conventional migration test conditions" specified in Chapter II of this Annex.2. "Substitute tests" which use the "test media" under the "conventional substitute test conditions" as set out in Chapter III shall be carried out if the migration test using the fatty food simulants (see Chapter I) is not feasible for technical reasons connected with the method of analysis.3. "Alternative tests" indicated in Chapter IV are permissible instead of migration tests with fatty food simulant when the conditions specified in Chapter IV are fulfilled.4. In all three cases it is permissible:(a) to reduce the number of tests to be carried out to that or those which, in the specific case under examination, is (are) generally recognized to be the most severe on the basis of scientific evidence;(b) to omit the migration or the substitute or the alternative tests where there is conclusive proof that the migration limits cannot be exceeded in any foreseeable conditions of use of the material or article.CHAPTER IFood simulants1. IntroductionAs it is not possible always to use foodstuffs for testing food contact materials, food simulants are introduced. They are classified by convention as having the character of one or more food types. The food types and the food simulants to be used are indicated in Table 1. In practice various mixtures of food types are possible, for instance fatty and aqueous foods. They are described in Table 2 accompanied by the indication of the food simulant(s) to be selected in carrying out the migration tests.>TABLE>2. Selection of food simulants2.1. Materials and articles intended for contact with all food typesThe tests shall be carried out using the food simulants mentioned below, which are considered the more severe, at the test conditions specified in Chapter II, taking a new test specimen of the plastic material or article for each simulant:- 3 % acetic acid (w/v) in aqueous solution,- 10 % ethanol (v/v) in aqueous solution,- rectified olive oil ("reference simulant D").However this reference simulant D may be replaced by a synthetic mixture of triglycerides or sunflower oil or corn oil with standardized specifications ("Other fatty food simulants", called "simulants D"). If, when using any of these other fatty food simulants, the migration limits are exceeded, for the judgement of non compliance a confirmation of the result by using olive oil is obligatory, when technically feasible. If this information is not technically feasible and the material or article exceeds the migration limits it shall be deemed not in compliance with the Directive 90/128/EEC.2.2. Materials and articles intended for contact with specific food typesThis case refers only to the following situations:(a) when the material or article is already in contact with a known foodstuff;(b) when the material or article is accompanied, according to the rules of Article 6 of Directive 89/109/EEC, by a specific indication stating with which food types described in Table 1 it may or may not be used, for example "only for aqueous foods";(c) when the material or article is accompanied, according to the rules of Article 6 of Directive 89/109/EEC, by a specific indication stating with which foodstuff(s) or group(s) of foodstuffs mentioned in Directive 85/572/EEC they may or may not be used. This indication shall be expressed:(i) at the marketing stages other than retail stage, by using the "reference number" or "description of foodstuffs" provided in the Table of Directive 85/572/EEC;(ii) at the retail stage using an indication which shall refer to only a few foods or groups of food, preferably with examples which are easy to understand.In these situations the tests shall be carried out using for the case under (b) the food simulant(s) indicated as examples in Table 2 and for the case under (a) and (c) the food(s) simulant(s) mentioned in Directive 85/572/EEC. Where the foodstuff(s) or group(s) of foodstuffs is (are) not included in the list specified in Directive 85/572/EEC, select the item from Table 2 which corresponds most closely to the foodstuff(s) or group(s) of foodstuffs under examination.If the material or article is intended to come into contact with more than one foodstuff or group(s) of foodstuffs having different reduction factors, for each foodstuff apply the appropriate reduction factors to the test result. If one or more results of such calculation exceed the restriction, then the material is not suitable for that particular foodstuff or group(s) of foodstuff.The tests shall be carried out at the test conditions specified in Chapter II, taking a new test specimen for each simulant.>TABLE>CHAPTER IIMigration test conditions (times and temperatures)1. The migration tests are to be carried out, selecting from the times and temperatures specified in Table 3 those which correspond to the worst foreseeable conditions of contact for the plastic material or article being studied and to any labelling information on maximum temperature for use. Therefore if the plastic material or article is intended for a food contact application covered by a combination of two or more times and temperatures taken from the table, the migration test shall be carried out subjecting the test specimen successively to all the applicable worst foreseeable conditions appropriate to the sample, using the same portion of food simulant.2. Contact conditions generally recognized as more severeIn application of the general criteria that the determination of migration should be restricted to the test conditions which, in the specific case under examination, are recognized to be the most severe on the basis of scientific evidence, some specific examples for the test contact conditions are given below.2.1. Plastic materials and articles intended to come into contact with foodstuffs at any condition of time and temperatureWhere no labelling or instructions are given to indicate contact temperature and time expected in actual use, depending on food type(s), simulant(s) A and/or B and/or C shall be used for 4 hours at 100 °C or for 4 hours at reflux temperature and/or simulant D shall be used only for 2 hours at 175 °C. These conditions of time and temperature are conventionally considered to be the more severe.2.2. Plastic materials and articles intended to come into contact with foodstuffs at room temperature or below for an unspecified periodWhere the materials and articles are labelled for use at room temperature or below or where the materials and articles by their nature are clearly intended for use at room temperature and below, the test shall be carried out at 40 °C for 10 days. These conditions of time and temperature are conventionally considered to be the more severe.3. Volatile migrantsWhen testing for the specific migration of volatile substances, the test(s) with simulant(s) shall be performed in a manner which recognizes the loss of volatile migrants which may occur in the worst foreseeable conditions of use.4. Special cases4.1. For materials and articles intended for use in microwave ovens, migration testing may use either a conventional or a microwave oven provided the appropriate time and temperature conditions are selected from Table 3.4.2. If it is found that carrying out the tests under the contact conditions specified in Table 3 causes physical or other changes in the test specimen which do not occur under worst foreseeable conditions of use of the material or article under examination, the migration tests shall be carried out under the worst foreseeable conditions of use in which these physical or other changes do not take place.4.3. By derogation from the test conditions provided in Table 3 and in paragraph 2, if the plastic material or article may in actual use be employed for periods of less than 15 minutes at temperatures between 70 °C and 100 °C (e.g. "hot fill") and is so indicated by appropriate labelling or instructions, only the 2 hours test at 70 °C shall be carried out. However if the material or article is intended to be used also for storage at room temperature, the above-mentioned test is replaced by a test at 40 °C for 10 days conventionally considered more severe.4.4. In those instances where the conventional conditions for migration testing are not adequately covered by the test contact conditions of Table 3 (for instance contact temperatures greater than 175 °C or contact time less than 5 minutes), other contact conditions may be used which are more appropriate to the case under examination, provided that the selected conditions may represent the worst foreseeable conditions of contact for the plastic materials or articles being studied.>TABLE>CHAPTER IIISubstitute fat test for overall and specific migration1. If the use of the fatty food simulants is not feasible for technical reasons connected with the method of analysis, use instead all test media prescribed in Table 4 under the test conditions corresponding to the test conditions for simulant D.This table gives some examples of the most important conventional migration test conditions and their corresponding conventional conditions of the substitute tests. For other test conditions not stated in Table 4, take into account these examples as well as the existing experience for the type of polymer under examination.Use for each test a new test specimen. Apply for each test medium the same rules prescribed in Chapters I and II for simulant D. Use, where appropriate, the reduction factors established in Directive 85/572/EEC. To ascertain compliance with any migration limit, select the highest value obtained using all the test media.However if it is found that carrying out these tests causes physical or other changes in the test specimen which do not occur under the worst foreseeable conditions of use of the material or article under examination, the result for this test media shall be discarded and the highest of the remaining values shall be chosen.2. By derogation of point 1, it may be possible to omit one or two of the substitute tests provided in Table 4, if these tests are generally recognized as not appropriate for the sample under consideration on the basis of scientific evidence.>TABLE>CHAPTER IVAlternative fat tests for overall and specific migration1. It is permissible to use the result of alternative tests as specified in this Chapter provided that both the following conditions are fulfilled:(a) the results obtained in a "comparison test" show that the values are equal to or greater than those obtained in the test with simulant D;(b) the migration in alternative test does not exceed the migration limits, after application of appropriate reduction factors provided in Directive 85/572/EEC.If either or both conditions are not fulfilled, then the migration tests must be performed.2. By derogation of the condition previously mentioned in paragraph 1 (a), it is possible to omit the comparison test if there is other conclusive proof based on scientific experimental results that the values obtained in the alternative test are equal to or greater than those obtained in the migration test.3. Alternative tests3.1. Alternative tests with volatile mediaThese tests use volatile media such as isooctane or ethanol 95 % or other volatile solvents or mixture of solvents. They shall be carried out at the contact conditions such that the condition under 1 (a) is fulfilled.3.2. "Extraction tests"Other tests, which use media having a very strong extraction power under very severe test conditions, may be used if it is generally recognized, on the basis of scientific evidence, that the results obtained using these tests ("extraction tests") are equal to or higher than those obtained in the test with simulant D.`


Avis juridique important

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32003L0021

Commission Directive 2003/21/EC of 24 March 2003 amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the Community

Official Journal L 078 , 25/03/2003 P. 0008 - 0009

Commission Directive 2003/21/ECof 24 March 2003amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the CommunityTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2002/89/EC(2), and in particular the first subparagraph of Article 2(1)(h) thereof,Having regard to the requests made by Ireland, Italy, Austria, Portugal, Sweden and the United Kingdom,Whereas:(1) Under Commission Directive 2001/32/EC of 8 May 2001 recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EEC(3), as last amended by Directive 2002/29/EC(4), certain areas of Portugal are recognised as protected zones in respect of Gonipterus scutellatus Gyll.(2) From information supplied by Portugal based on updated surveys, it appears that the protected zone for Gonipterus scutellatus Gyll. should be modified and restricted to Azores only.(3) From information supplied by Ireland based on surveys, it appears that Liriomyza bryoniae (Kaltenbach) is not present in its territory.(4) From information supplied by the United Kingdom based on surveys, it appears that Liriomyza bryoniae (Kaltenbach) is not present in Northern Ireland.(5) Under Directive 2001/32/EC, Ireland, certain areas of Italy and certain areas of Austria are provisionally recognised as "protected zones" in respect of Erwinia amylovora (Burr.) Winsl. et al. for a period expiring on 31 March 2003.(6) From information supplied by Austria, Ireland and Italy it appears that the provisional recognition of the protected zones for those countries in respect of Erwinia amylovora (Burr.) Winsl. et al. should exceptionally be extended for a further period to enable the responsible official bodies of those countries to complete the information on the distribution of Erwinia amylovora (Burr.) Winsl. et al. and to complete efforts for the eradication of this harmful organism in the areas concerned.(7) From information supplied by Italy it appears that some parts of the region of Veneto, where this harmful organism is now established, should no longer be recognised as a protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al.(8) Under Directive 2001/32/EC, Sweden is provisionally recognised as a "protected zone" in respect of Beet necrotic yellow vein virus for a period expiring on 31 March 2003.(9) From information supplied by Sweden, it appears that certain areas in the county of Skåne, where this harmful organism is now established, should no longer be recognised as a protected zone in respect of Beet necrotic yellow vein virus. The provisional recognition of this protected zone for the rest of Sweden should exceptionally be extended for a further period to enable the responsible official bodies of Sweden to complete the information on the distribution of Beet necrotic yellow vein virus and to complete efforts for the eradication of this harmful organism in other areas concerned.(10) Directive 2001/32/EC should therefore be amended accordingly.(11) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 2001/32/EC is amended as follows:1. Article 1 is amended as follows:(a) the second paragraph is replaced by the following:"In the case of point (b)(2), for Ireland, for Italy (Apulia, Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Lombardia; Trentino-Alto Adige: autonomous province of Bolzano; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes of Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), and for Austria (Burgenland, Kärnten, Niederösterreich, Tirol (administrative district Lienz), Steiermark, Wien), the said zones are recognised until 31 March 2004.";(b) in the third paragraph, "31 March 2003" is replaced by "31 March 2004";2. the Annex is amended in accordance with the Annex to this Directive.Article 2Member States shall adopt and publish by 31 March 2003 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 April 2003.When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such a reference is to be made.Article 3This Directive shall enter into force on the third 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 Brussels, 24 March 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 10.7.2000, p. 1.(2) OJ L 355, 30.12.2002, p. 45.(3) OJ L 127, 9.5.2001, p. 38.(4) OJ L 77, 20.3.2002, p. 26.ANNEXThe Annex to Directive 2001/32/EC is amended as follows:1. under heading (a):(i) in point 7, the entry in the right hand column is replaced by the following:"Portugal (Azores)"(ii) the following point 14 is inserted after point 13:">TABLE>"2. under heading (b), in point 2, the entry in the right hand column is replaced by the following:"Spain, France (Corsica), Ireland, Italy (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), and for Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), Portugal, Finland, the United Kingdom (Northern Ireland, Isle of Man and Channel Islands)";3. under heading (d), in point 1, the entry in the right hand column is replaced by the following:"Denmark, France (Britanny), Ireland, Portugal (Azores), Finland, Sweden (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), the United Kingdom (Northern Ireland)".


Important legal notice

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32003L0046

Commission Directive 2003/46/EC of 4 June 2003 amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the Community

Official Journal L 138 , 05/06/2003 P. 0045 - 0046

Commission Directive 2003/46/ECof 4 June 2003amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the CommunityTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2003/22/EC(2), and in particular the first subparagraph of Article 2(1)(h) thereof,Having regard to the request made by Greece,Whereas:(1) Since 1993, by Commission Directive 92/76/EEC(3) and then by Commission Directive 2001/32/EC of 8 May 2001 recognising protected zones exposed to particular plant health risks in the Community and repealing Commission Directive 92/76/EEC(4), as last amended by Directive 2003/21/EC(5), Greece was recognised as a protected zone in respect of Gonipterus scutellatus Gyll.(2) Due to a clerical error in the preparation of Commission Directive 2003/21/EC amending Directive 2001/32/EC, the amended text did not refer to Greece in connection with Gonipterus scutellatus Gyll. However, the reasons which led Greece to be recognised as a protected zone in respect of Gonipterus scutellatus Gyll. remain valid.(3) Directive 2001/32/EC should therefore be amended accordingly.(4) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 2001/32/EC is amended in accordance with the Annex to this Directive.Article 2Member States shall adopt and publish by 15 June 2003 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 16 June 2003.When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such a reference is to be made.Article 3This Directive shall enter into force on the third 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 Brussels, 4 June 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 10.7.2000, p. 1.(2) OJ L 78, 25.3.2003, p. 10.(3) OJ L 305, 21.10.1992, p. 12.(4) OJ L 127, 9.5.2001, p. 38.(5) OJ L 78, 25.3.2003, p. 8.ANNEXIn the Annex to Directive 2001/32/EC, under heading (a), in point 7, the entry in the right-hand column is replaced by the following:">TABLE>".


Important legal notice

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32003L0045

Commission Directive 2003/45/EC of 28 May 2003 amending Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants (Text with EEA relevance)

Official Journal L 138 , 05/06/2003 P. 0040 - 0044

Commission Directive 2003/45/ECof 28 May 2003amending Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants(1), as amended by Directive 2002/68/EC(2), and in particular Article 2(3a) and Article 24 thereof,Whereas:(1) Directive 2002/57/EC lays out Community provisions for the marketing of seed of oil and fibre plants within the Community. It does not cover, within the definition of the category "basic seed", seed of hybrids other than sunflower; furthermore the Directive does not establish specific conditions to be satisfied by the seed of swede rape and cotton.(2) Commission Decision 95/232/EC of 27 June 1995 on the organisation of a temporary experiment under Council Directive 69/208/EEC in order to establish conditions to be satisfied by the seed of hybrids and varietal associations of swede rape and turnip rape(3), as last amended by Directive 2002/68/EC, aims at, inter alia, establishing the conditions to be satisfied by the seed of hybrids of swede rape for certification and marketing under Community legislation.(3) The results of the temporary experiment provided for in Decision 95/232/EC have confirmed that specific conditions for seed of hybrids of swede rape should be established. Accordingly, Directive 2002/57/EC should be amended in order to include specific conditions.(4) The OECD has established rules for seed for intra- and inter-specific hybrids of cotton (Gossypium hirsutum and Gossypium barbadense). In order to ensure coherence between the OECD and the EU in such an area, Directive 2002/57/EC should be amended to include rules equivalent to those of the OECD.(5) Varietal associations of oil and fibre plants came within the scope of Directive 2002/57/EC. However, the labelling provisions of that Directive do not adequately provide for the labelling of seeds of varietal associations. Accordingly, to provide for a specific labelling of seed of varietal associations, Directive 2002/57/EC should be amended to include adequate labelling requirements for varietal associations.(6) Directive 2002/57/EC should therefore be amended accordingly.(7) The measures contained 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 1Directive 2002/57/EC is amended as follows:1. in Article 2(1)(c), the introductory sentence is replaced by the following:"(c) basic seed: (varieties other than hybrids) means seed";2. in Article 2(1)(d), the introductory sentence is replaced by the following:"(d) basic seed (hybrids)";3. Annexes I, II, and IV are amended in accordance with the text set out in the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 31 December 2003 at the latest.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 texts 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 following its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 28 May 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 193, 20.7.2002, p. 74.(2) OJ L 195, 24.7.2002, p. 32.(3) OJ L 154, 5.7.1995, p. 22.ANNEXAnnexes I, II, and IV to Directive 2002/57/EC are amended as follows.1. Annex I is amended as follows:(a) in point 1, the following subparagraph is added:"In the case of hybrids of swede rape, the crop shall be raised in a production ground where five years have elapsed since plants of Cruciferae were last grown.";(b) in point 2, the table is replaced by the following:">TABLE>"(c) point 3 is replaced by the following:"3. The crop shall have sufficient varietal identity and varietal purity or, in the case of a crop of an inbred line, sufficient identity and purity as regards its characteristics.For the production of seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or restoration of fertility.In particular, crops of Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi, Gossypium spp. and hybrids of Helianthus annuus and Brassica napus shall conform to the following standards or other conditions:A. Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi and Gossypium spp. other than hybrids:the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed:- one per 30 m2 for the production of basic seed,- one per 10 m2 for the production of certified seed;B. hybrids of Helianthus annuus:(a)>TABLE>(b) the following other standards or conditions shall be satisfied for the production of seed of hybrid varieties:(aa) sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;(bb) where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen or are shedding pollen shall not exceed 0,5 %;(cc) for the production of basic seed the total percentage by number of plants of the female component which are recognisable as obviously not being true to the component and which have shed pollen or are shedding pollen shall not exceed 0,5 %;(dd) where the condition laid down in Annex II(I)(2) cannot be satisfied, the following conditions shall be satisfied: a male-sterile component shall be used to produce certified seed by using a male component which contains a specific restorer line or lines so that at least one third of the plants grown from the resulting hybrid will produce pollen which appears normal in all respects;C. hybrids of Brassica napus, produced using the male sterility:(a)>TABLE>(b) male sterility shall be at least 99 % for the production of basic seed and 98 % for the production of certified seed. The level of male sterility shall be assessed by examining flowers for the absence of fertile anthers;D. hybrids of Gossypium hirsutum and Gossypium barbadense:(a) in crops to produce basic seed of parental lines of Gossypium hirsutum and Gossypium barbadense, the minimum varietal purity of both the female and male parental lines shall be 99,8 % when 5 % or more of seed-bearing plants have pollen receptive flowers. The level of male sterility of the seed-bearing parent line shall be assessed by examining the flowers for the presence of sterile anthers and shall not be less than 99,9 %;(b) in crops to produce certified seed of hybrid varieties of Gossypium hirsutum and/or Gossypium barbadense, the minimum varietal purity of both the seed-bearing parent and the pollen parent line shall be 99,5 % when 5 % or more of seed-bearing plants have pollen receptive flowers. The level of male sterility of the seed-bearing parent line shall be assessed by examining the flowers for the presence of sterile anthers and shall not be less than 99,7 %.";(d) point 5 (B) is replaced by the following:"B. In cases other than crops of hybrids of Helianthus annuus, Brassica napus, Gossypium hirsutum and Gossypium barbadense, there shall be at least one inspection.In the case of hybrids of Helianthus annuus there shall be at least two inspections.In the case of hybrids of Brassica napus there shall be at least three inspections: the first shall be made before the flowering stage, the second at the early flowering stage and the third at the end of the flowering stage.In the case of hybrids of Gossypium hirsutum and/or Gossypium barbadense there shall be at least three inspections: the first shall be made at the early flowering stage, the second before the end of the flowering stage and the third at the end of the flowering stage after removal, where appropriate, of the pollen parent plants."2. Annex II 1 is amended as follows:(a) in point 1 the words "other than hybrids" are inserted after the words "Brassica napus";(b) the following point 1a is inserted after point 1:"1a. In the case of hybrids of Brassica napus produced using male sterility the seed shall conform with the conditions and standards set out in points (a) to (d).(a) The seed shall have sufficient identity and purity as regards the varietal characteristics of its components, including male sterility or restoration of fertility.(b) The minimum varietal purity of the seed shall be:>TABLE>(c) Seed shall not be certified as certified seed unless due account has been taken of the results of official post-control plot tests on samples of basic seed taken officially and carried out during the growing season of the seed entered for certification as certified seed to ascertain whether the basic seed has met the requirements for basic seed laid down in respect of identity as regards the characteristics of the components, including male sterility, and the standards for basic seed laid down in respect of the minimum varietal purity laid down in point (b).In the case of basic seed of hybrids, the varietal purity may be assessed by appropriate biochemical methods.(d) The standards in respect of the minimum varietal purity laid down in point (b) in respect of certified seed of hybrids shall be monitored by official post-control tests on an appropriate proportion of samples taken officially. Appropriate biochemical methods may be utilised."3. In Annex IV (A), the following point (aa) is inserted after point (a):"(aa) For certified seed of a varietal association:the information required under section (a), except that instead of the name of the variety, the name of the varietal association shall be (information 'varietal association' and its name) and the percentages by weight of the various components shown by variety shall be given; it shall be sufficient to give the name of the varietal association if the percentage by weight has been notified in writing to the purchaser, on request, and officially recorded."