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31999L0092

Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Official Journal L 023 , 28/01/2000 P. 0057 - 0064

DIRECTIVE 1999/92/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 16 December 1999on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 137 thereof,Having regard to the proposal from the Commission(1), submitted after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work and the Safety and Health Commission for the Mining and Other Extractive Industries,Having regard to the opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure referred to in Article 251 of the Treaty, in the light of the joint text approved by the Conciliation Committee on 21 October 1999(3),Whereas:(1) Article 137 of the Treaty provides that the Council may adopt, by means of Directives, minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the health and safety of workers;(2) Under the terms of that Article, those Directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;(3) The improvement of occupational safety, hygiene and health is an objective which should not be subordinated to purely economic considerations;(4) Compliance with the minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres is essential if workers' safety and health protection is to be ensured;(5) This Directive is an individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(4); therefore, the provisions of the said Directive, in particular those relating to worker information, to the consultation and participation of workers and to the training of workers, are also fully applicable to cases in which workers are potentially at risk from explosive atmospheres, without prejudice to more restrictive or specific provisions contained in this Directive;(6) This Directive constitutes a practical step towards the achievement of the social dimension of the internal market;(7) Directive 94/9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres(5) states that it is intended to prepare an additional Directive based on Article 137 of the Treaty covering, in particular, explosion hazards which derive from a given use and/or types and methods of installation of equipment;(8) Explosion protection is of particular importance to safety; whereas explosions endanger the lives and health of workers as a result of the uncontrolled effects of flame and pressure, the presence of noxious reaction products and consumption of the oxygen in the ambient air which workers need to breathe;(9) The establishment of a coherent strategy for the prevention of explosions requires that organisational measures complement the technical measures taken at the workplace; Directive 89/391/EEC requires the employer to be in possession of an assessment of the risks to workers' health and safety at work; this requirement is to be regarded as being specified by this Directive in that it provides that the employer is to draw up an explosion protection document, or set of documents, which satisfies the minimum requirements laid down in this Directive and is to keep it up to date; the explosion protection document includes the identification of the hazards, the evaluation of risks and the definition of the specific measures to be taken to safeguard the health and safety of workers at risk from explosive atmospheres, in accordance with Article 9 of Directive 89/391/EEC; the explosion protection document may be part of the assessment of the risks to health and safety at work required by Article 9 of Directive 89/391/EEC;(10) An assessment of explosion risks may be required under other Community acts; whereas, in order to avoid unnecessary duplication of work, the employer should be allowed, in accordance with national practice, to combine documents, parts of documents or other equivalent reports produced under other Community acts to form a single "safety report";(11) The prevention of the formation of explosive atmospheres also includes the application of the substitution principle;(12) Coordination should take place when workers from several undertakings are present at the same workplace;(13) Preventive measures must be supplemented if necessary by additional measures which become effective when ignition has taken place; maximum safety can be achieved by combining preventive measures with other additional measures limiting the detrimental effects of explosions on workers;(14) Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(6) is fully applicable, in particular to places immediately contiguous to hazardous areas, where smoking, crosscutting, welding and other activities introducing flames or sparks may interact with the hazardous area;(15) Directive 94/9/EC divides the equipment and protective systems which it covers into equipment groups and categories; this Directive provides for a classification by the employer of the places where explosive atmospheres may occur in terms of zones and determines which equipment and protective systems groups and categories should be used in each zone,HAVE ADOPTED THIS DIRECTIVE:SECTION IGENERAL PROVISIONSArticle 1Object and scope1. This Directive, which is the 15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC, lays down minimum requirements for the safety and health protection of workers potentially at risk from explosive atmospheres as defined in Article 2.2. This Directive shall not apply to:(a) areas used directly for and during the medical treatment of patients;(b) the use of appliances burning gaseous fuels in accordance with Directive 90/396/EEC(7);(c) the manufacture, handling, use, storage and transport of explosives or chemically unstable substances;(d) mineral-extracting industries covered by Directive 92/91/EEC(8) or Directive 92/104/EEC(9);(e) the use of means of transport by land, water and air, to which the pertinent provisions of the international agreements (e.g. ADNR, ADR, ICAO, IMO, RID), and the Community Directives giving effect to those agreements, apply. Means of transport intended for use in a potentially explosive atmosphere shall not be excluded.3. The provisions of Directive 89/391/EEC and the relevant individual Directives are fully applicable to the domain referred to in paragraph 1, without prejudice to more restrictive and/or specific provisions contained in this Directive.Article 2DefinitionFor the purposes of this Directive, "explosive atmosphere" means a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture.SECTION IIOBLIGATIONS OF THE EMPLOYERArticle 3Prevention of and protection against explosionsWith a view to preventing, within the meaning of Article 6(2) of Directive 89/391/EEC, and providing protection against explosions, the employer shall take technical and/or organisational measures appropriate to the nature of the operation, in order of priority and in accordance with the following basic principles:- the prevention of the formation of explosive atmospheres, or where the nature of the activity does not allow that,- the avoidance of the ignition of explosive atmospheres, and- the mitigation of the detrimental effects of an explosion so as to ensure the health and safety of workers.These measures shall where necessary be combined and/or supplemented with measures against the propagation of explosions and shall be reviewed regularly and, in any event, whenever significant changes occur.Article 4Assessment of explosion risks1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC the employer shall assess the specific risks arising from explosive atmospheres, taking account at least of:- the likelihood that explosive atmospheres will occur and their persistence,- the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective,- the installations, substances used, processes, and their possible interactions,- the scale of the anticipated effects.Explosion risks shall be assessed overall.2. Places which are or can be connected via openings to places in which explosive atmospheres may occur shall be taken into account in assessing explosion risks.Article 5General obligationsTo ensure the safety and health of workers, and in accordance with the basic principles of risk assessment and those laid down in Article 3, the employer shall take the necessary measures so that:- where explosive atmospheres may arise in such quantities as to endanger the health and safety of workers or others, the working environment is such that work can be performed safely,- in working environments where explosive atmospheres may arise in such quantities as to endanger the safety and health of workers, appropriate supervision during the presence of workers is ensured in accordance with the risk assessment by the use of appropriate technical means.Article 6Duty of coordinationWhere workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters coming under his control.Without prejudice to the individual responsibility of each employer as provided for in Directive 89/391/EEC, the employer responsible for the workplace in accordance with national law and/or practice shall coordinate the implementation of all the measures concerning workers' health and safety and shall state, in the explosion protection document referred to in Article 8, the aim of that coordination and the measures and procedures for implementing it.Article 7Places where explosive atmospheres may occur1. The employer shall classify places where explosive atmospheres may occur into zones in accordance with Annex I.2. The employer shall ensure that the minimum requirements laid down in Annex II are applied to places covered by paragraph 1.3. Where necessary, places where explosive atmospheres may occur in such quantities as to endanger the health and safety of workers shall be marked with signs at their points of entry in accordance with Annex III.Article 8Explosion protection documentIn carrying out the obligations laid down in Article 4, the employer shall ensure that a document, hereinafter referred to as the "explosion protection document", is drawn up and kept up to date.The explosion protection document shall demonstrate in particular:- that the explosion risks have been determined and assessed,- that adequate measures will be taken to attain the aims of this Directive,- those places which have been classified into zones in accordance with Annex I,- those places where the minimum requirements set out in Annex II will apply,- that the workplace and work equipment, including warning devices, are designed, operated and maintained with due regard for safety,- that in accordance with Council Directive 89/655/EEC(10), arrangements have been made for the safe use of work equipment.The explosion protection document shall be drawn up prior to the commencement of work and be revised when the workplace, work equipment or organisation of the work undergoes significant changes, extensions or conversions.The employer may combine existing explosion risk assessments, documents or other equivalent reports produced under other Community acts.Article 9Special requirements for work equipment and workplaces1. Work equipment for use in places where explosive atmospheres may occur which is already in use or is made available in the undertaking or establishment for the first time before 30 June 2003 shall comply from that date with the minimum requirements laid down in Annex II, Part A, if no other Community Directive is applicable or is so only partially.2. Work equipment for use in places where explosive atmospheres may occur which is made available in the undertaking or establishment for the first time after 30 June 2003 shall comply with the minimum requirements laid down in Annex II, Parts A and B.3. Workplaces which contain places where explosive atmospheres may occur and which are used for the first time after 30 June 2003 shall comply with minimum requirements set out in this Directive.4. Where workplaces which contain places where explosive atmospheres may occur are already in use before 30 June 2003, they shall comply with the minimum requirements set out in this Directive no later than three years after that date.5. If, after 30 June 2003, any modification, extension or restructuring is undertaken in workplaces containing places where explosive atmospheres may occur, the employer shall take the necessary steps to ensure that these comply with the minimum requirements set out in this Directive.SECTION IIIMISCELLANEOUS PROVISIONSArticle 10Adjustments to the annexesPurely technical adjustments to the annexes made necessary by:- the adoption of Directives on technical harmonisation and standardisation in the field of explosion protection, and/or- technical progress, changes in international regulations or specifications, and new findings on the prevention of and protection against explosions,shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.Article 11Guide of good practiceThe Commission shall draw up practical guidelines in a guide of good practice of a non-binding nature. This guide shall address the topics referred to in Articles 3, 4, 5, 6, 7 and 8, Annex I and Annex II, Part A.The Commission shall first consult the Advisory Committee on Safety, Hygiene and Health Protection at Work in accordance with Council Decision 74/325/EEC(11).In the context of the application of this Directive, Member States shall take the greatest possible account of the abovementioned guide in drawing up their national policies for the protection of the health and safety of workersArticle 12Information to undertakingsMember States shall, on request, endeavour to make relevant information available to employers in accordance with Article 11, with particular reference to the guide of good practiceArticle 13Final provisions1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 June 2003. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the provisions of domestic law which they have already adopted or adopt in the field governed by this Directive.3. Member States shall report to the Commission every five years on the practical implementation of the provisions of this Directive, indicating the points of view of employers and workers. The Commission shall inform thereof the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work.Article 14This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 15This Directive is addressed to the Member States.Done at Brussels, 16 December 1999.For the European ParliamentThe PresidentN. FONTAINEFor the CouncilThe PresidentK. HEMILÄ(1) OJ C 332, 9.12.1995, p. 10 and OJ C 184, 17.6.1997, p. 1.(2) OJ C 153, 28.5.1996, p. 35.(3) Opinion of the European Parliament of 20 June 1996 (OJ C 198, 8.7.1996, p. 160) confirmed on 4 May 1999 (OJ C 279, 1.10.1999, p 55), Council Common Position of 22 December 1998 (OJ C 55, 25.2.1999, p. 45), Decision of the European Parliament of 6 May 1999 (OJ C 279, 1.10.1999, p. 386). Decision of the European Parliament of 2 December 1999 and Council Decision of 6 December 1999.(4) OJ L 183, 29.6.1989, p. 1.(5) OJ L 100, 19.4.1994, p. 1.(6) OJ L 245, 26.8.1992, p. 23.(7) OJ L 196, 26.7.1990, p. 15. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).(8) OJ L 348, 28.11.1992, p. 9.(9) OJ L 404, 31.12.1992, p. 10.(10) OJ L 393, 30.12.1989, p. 13. Directive as amended by Directive 95/63/EC (OJ L 335, 30.12.1995, p. 28).(11) OJ L 185, 9.7.1974, p. 15. Decision as last amended by the 1994 Act of Accession.ANNEX ICLASSIFICATION OF PLACES WHERE EXPLOSIVE ATMOSPHERES MAY OCCURPreliminary noteThe following system of classification must be applied to places where precautions in accordance with Articles 3, 4, 7 and 8 are taken.1. Places where explosive atmospheres may occurA place in which an explosive atmosphere may occur in such quantities as to require special precautions to protect the health and safey of the workers concerned is deemed to be hazardous within the meaning of this Directive.A place in which an explosive atmosphere is not expected to occur in such quantities as to require special precautions is deemed to be non-hazardous within the meaning of this Directive.Flammable and/or combustible substances are considered as materials which may form an explosive atmosphere unless an investigation of their properties has shown that in mixtures with air they are incapable of independently propagating an explosion.2. Classification of hazardous placesHazardous places are classified in terms of zones on the basis of the frequency and duration of the occurrence of an explosive atmosphere.The extent of the measures to be taken in accordance with Annex II, Part A, is determined by this classification.Zone 0A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is present continuously or for long periods or frequently.Zone 1A place in which an explosive atmosphere consisting of a mixture with air or flammable substances in the form of gas, vapour or mist is likely to occur in normal operation occasionally.Zone 2A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is not likely to occur in normal operation but, if it does occur, will persist for a short period only.Zone 20A place in which an explosive atmosphere in the form of a cloud of combustable dust in air is present continously, or for long periods or frequently.Zone 21A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is likely to occur in normal operation occasionally.Zone 22A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is not likely to occur in normal operation but, if it does occur, will persist for a short period only.Notes:1. Layers, deposits and heaps of combustible dust must be considered as any other source which can form an explosive atmosphere.2. "Normal operation" means the situation when installations are used within their design parameters.ANNEX IIA. MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH PROTECTION OF WORKERS POTENTIALLY AT RISK FROM EXPLOSIVE ATMOSPHERESPreliminary noteThe obligations laid down in this Annex apply to:- places classified as hazardous in accordance with Annex I whenever required by the features of workplaces, workstations, the equipment or substances used or the danger caused by the activity related to the risks from explosive atmospheres,- equipment in non-hazardous places which is required for, or helps to ensure, the safe operation of equipment located in hazardous places.1. Organisational measures1.1. Training of workersThe employer must provide those working in places where explosive atmospheres may occur with sufficient and appropriate training with regard to explosion protection.1.2. Written instructions and permits to workWhere required by the explosion protection document:- work in hazardous places must be carried out in accordance with written instructions issued by the employer,- a system of permits to work must be applied for carrying out both hazardous activities and activities which may interact with other work to cause hazards.Permits to work must be issued by a person with responsibility for this function prior to the commencement of work.2. Explosion protection measures2.1. Any escape and/or release, whether or not intentional, of flammable gases, vapours, mists or combustible dusts which may give rise to explosion hazards must be suitably diverted or removed to a safe place or, if that is not practicable, safely contained or rendered safe by some other suitable method.2.2. If an explosive atmosphere contains several types of flammable and/or combustible gases, vapours, mists or dusts, protective measures shall be appropriate to the greatest potential risk.2.3. Prevention of ignition hazards in accordance with Article 3 must also take account of electrostatic discharges, where workers or the working environment act as charge carrier or charge producer. Workers must be provided with appropriate working clothes consisting of materials which do not give rise to electrostatic discharges that can ignite explosive atmospheres.2.4. Plant, equipment, protective systems and any associated connecting devices must only be brought into service if the explosion protection document indicates that they can be safely used in an explosive atmosphere. This applies also to work equipment and associated connecting devices which are not regarded as equipment or protective systems within the meaning of Directive 94/9/EC if their incorporation into an installation can in itself give rise to an ignition hazard. Necessary measures must be taken to prevent confusion between connecting devices.2.5. All necessary measures must be taken to ensure that the workplace, work equipment and any associated connecting device made available to workers have been designed, constructed, assembled and installed, and are maintained and operated, in such a way as to minimise the risks of an explosion and, if an explosion does occur, to control or minimise its propagation within that workplace and/or work equipment. For such workplaces appropriate measures must be taken to minimise the risks to workers from the physical effects of an explosion.2.6. Where necessary, workers must be given optical and/or acoustic warnings and withdrawn before the explosion conditions are reached.2.7. Where required by the explosion protection document, escape facilities must be provided and maintained to ensure that, in the event of danger, workers can leave endangered places promptly and safely.2.8. Before a workplace containing places where explosive atmospheres may occur is used for the first time, its overall explosion safety must be verified. Any conditions necessary for ensuring explosion protection must be maintained.Such verification must be carried out by persons competent in the field of explosion protection as a result of their experience and/or professional training.2.9. Where the risk assessment shows it is necessary:- it must be possible, where power failure can give rise to the spread of additional risks, to maintain equipment and protective systems in a safe state of operation independently of the rest of the installation in the event of power failure,- manual override must be possible in order to shut down the equipment and protective systems incorporated within automatic processes which deviate from the intended operating conditions, provided that this does not compromise safety. Only workers competent to do so may take such action,- on operation of the emergency shutdown, accumulated energy must be dissipated as quickly and as safely as possible or isolated so that it no longer constitutes a hazard.B. CRITERIA FOR THE SELECTION OF EQUIPMENT AND PROTECTIVE SYSTEMSIf the explosion protection document based on a risk assessment does not state otherwise, equipment and protective systems for all places in which explosive atmospheres may occur must be selected on the basis of the categories set out in Directive 94/9/EC.In particular, the following categories of equipment must be used in the zones indicated, provided they are suitable for gases, vapours or mists and/or dusts as appropriate:- in zone 0 or zone 20, category 1 equipment,- in zone 1 or zone 21, category 1 or 2 equipment,- in zone 2 or zone 22, category 1, 2 or 3 equipment.ANNEX IIIWarning sign for places where explosive atmospheres may occur, pursuant to Article 7(3):Place where explosive atmospheres may occur>PIC FILE= "L_2000023EN.006402.EPS">Distinctive features:- triangular shape,- black letters on a yellow background with black edging (the yellow part to take up at least 50 % of the area of the sign).Member States may add other explanatory data if they wish.


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31971L0235

Council Directive 71/235/EEC of 21 June 1971 on harmonisation of the provisions laid down by law, regulation or administrative action relating to the usual forms of handling which may be carried out in customs warehouses and in free zones

Official Journal L 143 , 29/06/1971 P. 0028 - 0030 Danish special edition: Series I Chapter 1971(II) P. 0352  English special edition: Series I Chapter 1971(II) P. 0398  Greek special edition: Chapter 02 Volume 1 P. 0130  Spanish special edition: Chapter 02 Volume 1 P. 0095  Portuguese special edition Chapter 02 Volume 1 P. 0095

++++ ( 1 ) OJ N L 58 , 8 . 3 . 1969 , P . 7 .   ( 2 ) OJ N C 41 , 29 . 4 . 1971 , P . 9 .   ( 3 ) OJ N L 58 , 8 . 3 . 1969 , P . 11 .  COUNCIL DIRECTIVE  OF 21 JUNE 1971  ON HARMONISATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO THE USUAL FORMS OF HANDLING WHICH MAY BE CARRIED OUT IN CUSTOMS WAREHOUSES AND IN FREE ZONES   ( 71/235/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 COUNCIL DIRECTIVE N 69/74 ( 1 ) OF 4 MARCH 1969 ON HARMONISATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS WAREHOUSING PROCEDURE , AND IN PARTICULAR ARTICLE 9 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ;  WHEREAS IN ACCORDANCE WITH ARTICLE 9 ( 1 ) OF THE ABOVE-MENTIONED DIRECTIVE , THE COMMON LIST OF THE USUAL FORMS OF HANDLING , REFERRED TO IN THE FIRST SUBPARAGRAPH OF THAT PARAGRAPH , WHICH MAY BE CARRIED OUT IN THE VARIOUS TYPES OF WAREHOUSES SHOULD BE DRAWN UP .  WHEREAS , IN ACCORDANCE WITH ARTICLE 3 OF COUNCIL DIRECTIVE , N 69/75 ( 3 ) OF 4 MARCH 1969 ON HARMONISATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO FREE ZONES , IT MUST BE POSSIBLE FOR GOODS PLACED IN FREE ZONES TO BE THE SUBJECT OF THE USUAL FORM OF HANDLING SHOWN IN THE COMMON LIST ;  WHEREAS SUCH USUAL FORMS OF HANDLING AS ARE NEEDED TO ENSURE PRESERVATION OF GOODS OR TO IMPROVE PACKAGING OR MARKETABLE QUALITY SHOULD BE INCLUDED IN THAT LIST ;  WHEREAS IT IS NECESSARY TO SPECIFY THE CONDITIONS OF APPLICATION OF THE RULES LAID DOWN WITH REGARD TO TAXATION , TAKING INTO ACCOUNT THE FACT THAT THE USUAL FORMS OF HANDLING OUGHT NOT IN PRINCIPLE TO HAVE ANY EFFECT ON SUCH TAXATION ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THE COMMON LIST OF USUAL FORMS OF HANDLING , REFERRED TO IN ARTICLE 9 ( 1 ) OF COUNCIL DIRECTIVE N 69/74 OF 4 MARCH 1969 ON HARMONISATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS WAREHOUSING PROCEDURE , SHALL BE AS FOLLOWS :  1 . EXAMINATIONS STOCKTAKING AND SAMPLING ;  2 . ELEMENTARY REPAIRS FOLLOWING DAMAGE INCURRED DURING TRANSPORT OR STORAGE ;  3 . CLEANING ;  4 . REMOVAL OF DAMAGED PARTS ;  5 . SORTING , STRAINING , SIFTING , MECHANICAL CLARIFICATION , FILTERING , UNPOTTING , DRAWING OFF AND ANY OTHER SIMILAR SIMPLE TREATMENT ;  6 . THE AFFIXING TO THE GOODS THEMSELVES , OR TO THEIR PACKINGS , OF MARKS , SEALS , LABELS , OR OTHER SIMILAR DISTINGUISHING SIGNS , ON CONDITION THAT THERE IS NO RISK OF THAT GIVING THE GOODS AN APPARENT ORIGIN DIFFERENT FROM THEIR REAL ONE ;  7 . ALTERING THE MARKS AND NUMBERS ON PACKAGES , ON CONDITION THAT THERE IS NO RISK OF THAT GIVING THE GOODS AN APPARENT ORIGIN DIFFERENT FROM THEIR REAL ONE ;  8 . PACKING , UNPACKING , CHANGE OF PACKINGS , REPAIR OF PACKINGS , DECANTING AND SIMPLE TRANSFER INTO OTHER CONTAINERS ;  9 . FIXING GOODS ON STANDS FOR PACKAGING OR FOR THEIR PRESENTATION ;  10 . SIMPLE SORTING AND CLASSIFICATION OPERATIONS ;  11 . EXAMINATION , TESTING AND PUTTING INTO WORKING ORDER OF MACHINES , APPARATUS OR VEHICLES , IF ONLY SIMPLE OPERATIONS ARE INVOLVED ;  12 . MIXING OF GOODS OTHER THAN LIQUEURS , BRANDY , WINES AND OTHER SPIRITS , IF ONLY SIMPLE OPERATIONS ARE INVOLVED ;  13 . MIXING OF LIQUEURS WITH ONE ANOTHER ;  14 . MIXING OF POTABLE SPIRITS WITH ONE ANOTHER ;  15 . COUPAGE OF WINES , AND OTHER CURRENT OENOLOGICAL PRACTICES ;  16 . DILUTION OF SPIRITS WITH WATER WITH A VIEW TO REDUCING THEIR ALCOHOLIC STRENGTH ;  17 . DESALINATION , CLEANING AND BUTTING OF HIDES ;  18 . CRUSHING OF DRIED VEGETABLES ;  19 . DIVIDING UP OF GOODS , IF ONLY SIMPLE OPERATIONS ARE INVOLVED ;  20 . ALL HANDLING INTENDED TO ENSURE PRESERVATION OF GOODS IN SOUND CONDITION DURING STORAGE SUCH AS AIRING , DRYING ( EVEN BY MEANS OF ARTIFICIAL HEAT ) REFRIGERATION AND CHILLING , ADDITION OF PRESERVATIVES , FUMIGATION AND SULPHUR TREATMENT ( ANTIPARASITIC ) , GREASING , ANTI-RUST PAINTING , APPLICATION OF PROTECTIVE COATING FOR TRANSPORT .  2 . THE FORMS OF HANDLING REFERRED TO IN PARAGRAPH 1 MAY BE UNDERTAKEN ONLY IN ACCORDANCE WITH ANY COMMUNITY OR NATIONAL REGULATIONS WHICH MAY GOVERN THEM .  ARTICLE 2  MEMBER STATES MAY PROVIDE THAT THE USUAL FORMS OF HANDLING , OR CERTAIN OF THEM , MAY BE UNDERTAKEN ONLY IN CERTAIN TYPES OF WAREHOUSES OR FREE ZONES IF THE FEATURES OF THE PREMISES INTENDED FOR WAREHOUSING THE GOODS , THE NATURE OF THE GOODS OR THE FEASIBILITY OF CHECKING SO REQUIRE .  ARTICLE 3  1 . BEFORE UNDERTAKING , OR CAUSING TO BE UNDERTAKEN , THE USUAL FORMS OF HANDLING WHICH HE INTENDS THE WAREHOUSED GOODS TO UNDERGO , THE DEPOSITOR OF THE GOODS OR THE WAREHOUSEKEEPER SHOULD OBTAIN AN AUTHORISATION ISSUED , ON REQUEST , BY THE COMPETENT CUSTOMS AUTHORITIES .  2 . WITHOUT PREJUDICE TO ARTICLE 3 OF COUNCIL DIRECTIVE 69/75 OF 4 MARCH 1969 ON HARMONISATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO FREE ZONES , THE INTERESTED PARTY , BEFORE UNDERTAKING OR CAUSING TO BE UNDERTAKEN THE USUAL FORMS OF HANDLING WHICH HE INTENDS GOODS DEPOSITED IN FREE ZONES TO UNDERGO , SHOULD , IF HE WISHES ARTICLE 5 OF THIS DIRECTIVE TO APPLY TO HIM , OBTAIN AN AUTHORISATION ISSUED , ON REQUEST , BY THE COMPETENT CUSTOMS AUTHORITIES .  3 . SUBJECT TO ARTICLE 2 THE COMPETENT CUSTOMS AUTHORITIES SHALL AUTHORISE THE FORMS OF HANDLING REFERRED TO IN PARAGRAPHS 1 AND 2 , TAKING ALL NECESSARY STEPS TO ENSURE VERIFICATION OF THE REGULARITY OF THE OPERATIONS .  ARTICLE 4  WHERE GOODS WHICH HAVE UNDERGONE USUAL FORMS OF HANDLING IN WAREHOUSES ARE CLEARED FOR HOME USE , THE CUSTOMS DUTIES , TAXES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES CHARGEABLE ON IMPORTATION SHALL BE AS DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 10 OF COUNCIL DIRECTIVE 69/74 OF 4 MARCH 1969 ON HARMONISATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS WAREHOUSING PROCEDURE . NEVERTHELESS , AT THE REQUEST OF THE DECLARANT , THE NATURE , VALUE FOR CUSTOMS PURPOSES AND QUANTITY OF THE GOODS AS THEY WERE BEFORE HAVING UNDERGONE SUCH HANDLING SHALL BE THOSE TAKEN INTO CONSIDERATION .  ARTICLE 5  WHERE GOODS WHICH HAVE UNDERGONE USUAL FORMS OF HANDLING IN FREE ZONES ARE CLEARED FOR HOME USE , THE CUSTOMS DUTIES , TAXES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES CHARGEABLE ON IMPORTATION SHALL BE AS DETERMINED IN ACCORDANCE WITH ARTICLE 8 OF COUNCIL DIRECTIVE 69/75 OF 4 MARCH 1969 ON HARMONISATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO FREE ZONES .  NEVERTHELESS , AT THE REQUEST OF THE DECLARANT AND ON CONDITION THAT THE SAID USUAL FORMS OF HANDLING WERE THE SUBJECT OF AN AUTHORISATION ISSUED IN ACCORDANCE WITH ARTICLE 3 ( 2 ) , THE NATURE , VALUE FOR CUSTOMS PURPOSES AND QUANTITY OF THE GOODS AS THEY WERE BEFORE HAVING UNDERGONE SUCH HANDLING SHALL BE THOSE TAKEN INTO CONSIDERATION .  ARTICLE 6  THE MEMBER STATES SHALL BRING INTO FORCE NOT LATER THAN 31 DECEMBER 1971 THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE .  ARTICLE 7  EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE PROVISIONS IT ADOPTS FOR THE APPLICATION OF THIS DIRECTIVE .  THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 8  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT LUXEMBOURG , 21 JUNE 1971  FOR THE COUNCIL  THE PRESIDENT  M . SCHUMANN


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31969L0074

Council Directive 69/74/EEC of 4 March 1969 on the harmonisation of provisions laid down by law, regulation or administrative action relating to customs warehousing procedure

Official Journal L 058 , 08/03/1969 P. 0007 - 0010 Danish special edition: Series I Chapter 1969(I) P. 0075  English special edition: Series I Chapter 1969(I) P. 0082  Greek special edition: Chapter 02 Volume 1 P. 0041  Spanish special edition: Chapter 02 Volume 1 P. 0026  Portuguese special edition Chapter 02 Volume 1 P. 0026

++++ ( 1 ) OJ N C 55 , 5 . 6 . 1968 , P . 34 .   ( 2 ) OJ N C 58 , 13 . 6 . 1968 , P . 17 .   ( 3 ) OJ N L 148 , 28 . 6 . 1968 , P . 6 .  COUNCIL DIRECTIVE  OF 4 MARCH 1969  ON THE HARMONISATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS WAREHOUSING PROCEDURE   ( 69/74/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ;  WHEREAS THE COMMUNITY IS BASED UPON A CUSTOMS UNION ;  WHEREAS THE ESTABLISHMENT OF THE CUSTOMS UNION IS GOVERNED IN THE MAIN BY CHAPTER 1 OF TITLE I OF PART TWO OF THE TREATY ; WHEREAS THAT CHAPTER CONTAINS A SERIES OF SPECIFIC PROVISIONS DEALING , IN PARTICULAR , WITH THE ELIMINATION OF CUSTOMS DUTIES BETWEEN MEMBER STATES , THE ESTABLISHMENT AND PROGRESSIVE INTRODUCTION OF A COMMON CUSTOMS TARIFF AND THE AUTONOMOUS ALTERATION OR SUSPENSION OF THE DUTIES THEREIN ; WHEREAS , WHILE ARTICLE 27 PROVIDES THAT MEMBER STATES SHALL , BEFORE THE END OF THE FIRST STAGE AND IN SO FAR AS MAY BE NECESSARY , TAKE STEPS TO APPROXIMATE THEIR PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF CUSTOMS MATTERS , THAT ARTICLE DOES NOT EMPOWER THE INSTITUTIONS OF THE COMMUNITY TO ISSUE BINDING PROVISIONS IN THAT FIELD ; WHEREAS , HOWEVER , A THOROUGH EXAMINATION UNDERTAKEN JOINTLY WITH MEMBER STATES HAS SHOWN THE NEED IN CERTAIN FIELDS FOR DECISION , BY BINDING ACTS OF THE COMMUNITY , UPON MEASURES ESSENTIAL FOR THE INTRODUCTION OF CUSTOMS LEGISLATION WHICH WILL ENSURE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF ;  WHEREAS IN ALL MEMBER STATES THERE ARE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION CONCERNING CUSTOMS WAREHOUSES , AND THE MAIN RESULT OF PLACING GOODS THEREIN IS THAT CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES IN RESPECT OF SUCH GOODS ARE NOT COLLECTED ;  WHEREAS CERTAIN DIFFERENCES CONTAINED IN THOSE PROVISIONS COULD LEAD TO DEFLECTION OF TRADE AND OF CUSTOMS RECEIPTS IF THEY WERE TO REMAIN OPERATIVE AFTER THE CUSTOMS UNION HAS BEEN FULLY ACHIEVED ;  WHEREAS CERTAIN DIFFERENCES CONTAINED IN THOSE PROMENT AND OPERATION OF THE COMMON MARKET ;  WHEREAS , SINCE THE ESSENTIAL PURPOSE OF CUSTOMS WAREHOUSES IS TO STORE GOODS , HANDLING OF GOODS DURING STORAGE IS ONLY PERMISSIBLE IF ITS PURPOSE IS TO ENSURE THEIR PRESERVATION OR TO IMPROVE PACKAGING OR MARKETABLE QUALITY , AND WHERE GOODS IN STORE RECEIVE OTHER HANDLING THEY ARE NO LONGER ELIGIBLE FOR THE CUSTOMS WAREHOUSING PROCEDURE AND ARE THUS NO LONGER GOVERNED BY THE RULES OF THIS DIRECTIVE ;  WHEREAS THE APPROXIMATION OF NATIONAL PROVISIONS AS PROVIDED FOR IN THIS DIRECTIVE IS NOT INCOMPATIBLE WITH THE EXISTENCE OF DIFFERENT KINDS OF CUSTOMS WAREHOUSES ; WHEREAS THE POSITION WOULD HAVE TO BE RE-EXAMINED IF SUCH DISPARITIES AFFECTED THE PROPER FUNCTIONING OF THE COMMON MARKET ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THIS DIRECTIVE PRESCRIBES THE RULES THAT MUST BE INCLUDED IN THE PROVISIONS OF MEMBER STATES LAID DOWN BY LAW , REGULATION AND ADMINISTRATIVE ACTION RELATING TO CUSTOMS WAREHOUSING PROCEDURE .  2 . THIS DIRECTIVE SHALL APPLY TO :   ( A ) THE CUSTOMS WAREHOUSES REFERRED TO IN THE ANNEX ; AND   ( B ) SUCH CUSTOMS WAREHOUSES AS MAY BE ESTABLISHED AFTER NOTIFICATION OF THIS DIRECTIVE .  ARTICLE 2  1 . THE EFFECT OF THE SYSTEM OF CUSTOMS WAREHOUSES ( HEREINAFTER CALLED " WAREHOUSES " ) SHALL BE THAT CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES ARE NOT COLLECTED DURING THE PERIOD OF STORAGE OF GOODS .  2 . WHEN THE GOODS LEAVE THE WAREHOUSES IT MUST BE POSSIBLE FOR THEM TO BE CLEARED FOR HOME USE , PLACED UNDER ANOTHER CUSTOMS PROCEDURE OR EXPORTED .  ARTICLE 3  1 . GOODS OF EVERY KIND SHALL BE ADMITTED INTO WAREHOUSES , WHATEVER THEIR QUANTITY OR THEIR COUNTRY OF ORIGIN , CONSIGNMENT OR DESTINATION .  2 . THE PROVISIONS OF PARAGRAPH 1 SHALL NOT PRECLUDE THE IMPOSITION OF :   ( A ) PROHIBITIONS OR RESTRICTIONS JUSTIFIED ON GROUNDS OF PUBLIC MORALITY , PUBLIC POLICY OR PUBLIC SECURITY ; THE PROTECTION OF HEALTH AND LIFE OF HUMANS , ANIMALS OR PLANTS ; THE PROTECTION OF NATIONAL TREASURES POSSESSING ARTISTIC , HISTORIC OR ARCHAEOLOGICAL VALUE ; OR THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY ;   ( B ) PROHIBITIONS OR RESTRICTIONS JUSTIFIED ON GROUNDS OF SPECIAL FEATURES OF THE WAREHOUSING ARRANGEMENTS , OR THE NATURE AND CONDITION OF THE GOODS .  ARTICLE 4  THE ESTABLISHING OF WAREHOUSES SHALL BE SUBJECT TO PERMISSION FROM THE COMPETENT AUTHORITIES OF THE MEMBER STATES ( HEREINAFTER CALLED THE " COMPETENT AUTHORITIES " ) . SUCH AUTHORITIES MAY WITHDRAW OR SUSPEND PERMISSION WHERE NECESSARY .  ARTICLE 5  1 . GOODS INTENDED FOR DEPOSIT IN A WAREHOUSE MUST BE SUBMITTED TO THE COMPETENT CUSTOMS AUTHORITIES OF THE MEMBER STATE IN WHICH THE WAREHOUSE IS SITUATED .  NEVERTHELESS , ON CONDITION THAT CUSTOMS CONTROL OF THE GOODS IS ENSURED , THE COMPETENT AUTHORITIES MAY , UNDER CONDITIONS WHICH THEY SHALL DETERMINE , WAIVE THAT REQUIREMENT .  2 . GOODS INTENDED FOR DEPOSIT IN A WAREHOUSE MUST BE THE SUBJECT , UNDER CONDITIONS DETERMINED BY THE COMPETENT AUTHORITIES , OF A WRITTEN DECLARATION WHICH IN PARTICULAR ENABLES THEIR POSITION WITH REGARD TO CUSTOMS TO BE DETERMINED IN ACCORDANCE WITH ARTICLES 9 AND 10 OF THE TREATY .  ARTICLE 6  1 . THE DEPOSITOR OR THE WAREHOUSE KEEPER SHALL :   ( A ) COMPLY WITH ALL REQUIREMENTS RELATING TO WAREHOUSES AND FOLLOW INSTRUCTIONS GIVEN BY THE COMPETENT CUSTOMS AUTHORITIES ;   ( B ) PRODUCE THE GOODS WHENEVER SO REQUIRED ;   ( C ) CONSENT TO ANY SUPERVISION OR CHECKING OF THE GOODS .  2 . THE DEPOSITOR OR THE WAREHOUSE KEEPER MAY BE REQUIRED :   ( A ) TO KEEP A STOCK-ACCOUNT OF THE GOODS FOR THE USE OF THE COMPETENT CUSTOMS AUTHORITIES ;   ( B ) TO NOTIFY THE COMPETENT CUSTOMS AUTHORITIES OF ANY CIRCUMSTANCES WHICH HAVE ALTERED OR ARE LIKELY TO ALTER THE CONDITION OF THE GOODS DEPOSITED IN A WAREHOUSE .  ARTICLE 7  IT MUST BE POSSIBLE FOR OWNERSHIP OF GOODS DEPOSITED IN WAREHOUSES TO BE TRANSFERRED UNDER THE CONDITIONS AND IN ACCORDANCE WITH THE PROCEDURE ESTABLISHED BY NATIONAL PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION .  ARTICLE 8  1 . IT MUST BE POSSIBLE FOR GOODS DEPOSITED IN WAREHOUSES TO REMAIN THERE FOR A PERIOD OF FIVE YEARS .  2 . HOWEVER , FOR SUCH GOODS THE COMPETENT AUTHORITIES MAY :   ( A ) EXTEND OR SHORTEN THE PERIOD OF STORAGE FOR REASONS CONNECTED WITH THE NATURE OF THE GOODS ;   ( B ) SHORTEN THE PERIOD OF STORAGE FOR REASONS CONNECTED WITH THE TYPE OF WAREHOUSE .  ARTICLE 9  1 . IT MUST BE POSSIBLE FOR GOODS DEPOSITED IN WAREHOUSES TO UNDERGO THERE , UNDER THE CONDITIONS LAID DOWN BY THE COMPETENT AUTHORITIES , SUCH USUAL FORMS OF HANDLING AS ARE NEEDED TO ENSURE PRESERVATION OR TO IMPROVE PACKAGING OR MARKETABLE QUALITY .  NOT LATER THAN ONE YEAR AFTER THE NOTIFICATION OF THIS DIRECTIVE , THE COUNCIL SHALL , ON A PROPOSAL FROM THE COMMISSION , DRAW UP A COMMON LIST OF THE USUAL FORMS OF HANDLING REFERRED TO IN THE FIRST SUBPARAGRAPH WHICH MAY BE CARRIED OUT IN THE VARIOUS TYPES OF WAREHOUSES .  2 . GOODS WHICH UNDERGO TREATMENT OTHER THAN THE USUAL FORMS OF HANDLING REFERRED TO IN PARAGRAPH 1 SHALL BE SUBJECT TO THE RULES IN FORCE RELATING TO INWARD PROCESSING .  ARTICLE 10  1 . SUBJECT TO THE PROVISIONS OF PARAGRAPH 2 , WHEN GOODS DEPOSITED IN WAREHOUSES ARE CLEARED FOR HOME USE THE CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES CHARGEABLE ON IMPORTATION SHALL BE COLLECTED ON THE BASIS OF THE RATES OR AMOUNT APPLICABLE ON THE DATE OF REMOVAL FROM THE WAREHOUSE , AND ACCORDING TO THE NATURE OF THE GOODS , THE VALUE FOR CUSTOMS PURPOSES AND THE QUANTITY , AS ASCERTAINED OR ACCEPTED FOR THAT PURPOSE BY THE CUSTOMS AUTHORITIES .  2 . WHERE THE PRICE PAID OR PAYABLE IS TAKEN INTO ACCOUNT IN DETERMINING THE VALUE FOR CUSTOMS PURPOSES , THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY :   ( A ) SUBJECT TO THE PROVISIONS OF ARTICLE 9 OF COUNCIL REGULATION ( EEC ) N 803/68 ( 3 ) OF JUNE 1968 ON THE VALUATION OF GOODS FOR CUSTOMS PURPOSES , THE PRICE PAID OR PAYABLE MAY BE EITHER THE PRICE ON A SALE RELATED TO DEPOSIT IN THE WAREHOUSE OR THE PRICE ON RESALE ; IN EITHER CASE THE PRICE SHALL BE FIXED WITH REFERENCE TO IMPORTATION INTO THE COMMUNITY ;   ( B ) WHERE THE DATE OF DEPOSIT IN THE WAREHOUSE IS TAKEN AS A BASIS , ACCOUNT SHALL BE TAKEN OF ABNORMAL PRICE FLUCTUATIONS WHICH , DURING THE STORAGE PERIOD , GAVE RISE TO THE SUSPENSION , PROVIDED FOR IN ARTICLE 10 ( 7 ) OF REGULATION ( EEC ) N 803/68 , OF THE APPLICATION OF PERIODS OF GRACE . WHERE THE STORAGE PERIOD EXCEEDS TWO YEARS , ACCOUNT SHALL ALSO BE TAKEN OF OTHER PRICE FLUCTUATIONS ;   ( C ) WHERE THE DATE OF REMOVAL FROM THE WAREHOUSE IS TAKEN AS A BASIS , THE PERIODS OF GRACE PROVIDED FOR IN ARTICLE 10 OF REGULATION ( EEC ) N 803/68 SHALL BE EXTENDED BY THE STORAGE PERIOD WHEN THAT PERIOD DOES NOT EXCEED TWO YEARS ;   ( D ) THE COSTS OF WAREHOUSING AND OF PRESERVING THE GOODS WHILE IN WAREHOUSES BORNE BY A PURCHASER SHALL NOT BE INCLUDED IN THE VALUE FOR CUSTOMS PURPOSES WHERE THE PRICE PAID OR PAYABLE BY THAT PURCHASER IS TAKEN AS THE BASIS FOR VALUATION .  ARTICLE 11  1 . THE DEPOSITOR AND THE WAREHOUSE-KEEPER MUST BE ABLE TO ENJOY COMPLETE EXEMPTION FROM CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES IN RESPECT OF LOSSES OCCURRING DURING THE STORAGE PERIOD AND ATTRIBUTABLE TO FORTUITOUS EVENTS , FORCE MAJEURE OR CAUSES INHERENT IN THE NATURE OF THE GOODS .  2 . IT MUST BE POSSIBLE FOR GOODS DAMAGED DURING THE STORAGE PERIOD TO BE DESTROYED UNDER CUSTOMS SUPERVISION .  IN THAT EVENT THEY SHALL NOT BE SUBJECT TO CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT OR AGRICULTURAL LEVIES .  WASTE AND DEBRIS RESULTING FROM DESTRUCTION SHALL BE SUBJECT AS SUCH , WHERE CLEARED FOR HOME USE , TO CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES , IN ACCORDANCE WITH ARTICLE 10 .  3 . IN CASES OF UNAUTHORISED REMOVAL OF GOODS , CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES SHALL BE COLLECTED ON THE GOODS REMOVED , ON THE BASIS OF THE RATES AND AMOUNTS APPLICABLE ON THE DATE OF REMOVAL AND IN ACCORDANCE WITH OTHER PROVISIONS OF ARTICLE 10 .  WHERE THE DATE OF REMOVAL CANNOT BE ASCERTAINED , THE RATE THAT SHALL APPLY SHALL BE THE HIGHEST RATE OR AMOUNT APPLICABLE SINCE THE DATE OF DEPOSIT IN THE WAREHOUSE OR , WHERE APPROPRIATE , SINCE THE LAST CHECKING OF THE GOODS , UP TO THE DATE OF ASCERTAINING THE SHORTAGE .  ARTICLE 12  THE MEMBER STATES SHALL BRING INTO FORCE NOT LATER THAN 1 OCTOBER 1969 THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE .  ARTICLE 13  EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE PROVISIONS IT IS MAKING IN IMPLEMENTATION OF THIS DIRECTIVE .  THE COMMISSION SHALL COMMUNICATE THE INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 14  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 4 MARCH 1969 .  FOR THE COUNCIL  THE PRESIDENT  G . THORN  ANNEX   ( ARTICLE 1 ( 2 ) ( A ) )  1 . FEDERAL REPUBLIC OF GERMANY   _ OEFFENTLICHE ZOLLGUTLAGER ZOLLGESETZ , PAR . PAR . 42 TO 46 )   ( ZOLLNIEDERLAGEN )   _ PRIVATE ZOLLGUTLAGER   _ ZOLLAUFSCHUBLAGER  2 . KINGDOM OF BELGIUM   _ ENTREPOTS PUBLICS / ( LOI OF 4 MARCH 1846 , CHAPTERS I TO VI AND VIII )  OPENBARE ENTREPOTS   _ ENTREPOTS PARTICULIERS /  PARTICULIERE ENTREPOTS   _ ENTREPOTS FICTIFS /  FICTIEVE ENTREPOTS  3 . FRENCH REPUBLIC   _ ENTREPOTS DE DOUANE ( CODE DES DOUANES ARTICLES 140 TO 162 TER )   ( ENTREPOTS DE STOCKAGE )   _ ENTREPOTS DE DOUANE   ( ENTREPOTS INDUSTRIELS )  4 . ITALIAN REPUBLIC   _ MAGAZZINI DOGANALI SOTTO DIRETTA CUSTODIA DELLA DOGANA ( LEGGE DOGANALE OF 25 SEPTEMBER 1940 , N 1424 , TITLE V , CHAPTERS I AND II )   _ MAGAZZINI DOGANALI DATI IN AFFITTO   _ MAGAZZINI DOGANALI DI PROPRIETA PRIVATA   _ MAGAZZINI GENERALI  5 . GRAND DUCHY OF LUXEMBOURG   _ ENTREPOTS PUBLICS ( ARRETE GRAND-DUCAL OF 20 APRIL 1922 , ARTICLE 1 )   _ ENTREPOTS PARTICULIERS   _ ENTREPOTS FICTIFS  6 . KINGDOM OF THE NETHERLANDS   _ TIJDELIJKE OPSLAG ( ALGEMENE WET INZAKE DE DOUANE EN DE ACCIJNZEN OF 26 JANUARY 1961 , ARTICLE 8 CHAPTER III )   _ VOORLOPIGE OPSLAG   _ FICTIEVE ENTREPOTS   _ FABRIEKSENTREPOTS


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31973L0275

Second Commission Directive 73/275/EEC of 27 July 1973 modifying the Annexes to the Council Directive of 23 November 1970 on additives in feedingstuffs

Official Journal L 254 , 11/09/1973 P. 0016 - 0017 Greek special edition: Chapter 03 Volume 10 P. 0013

+++++( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 253 , 10 . 9 . 1973 , P . 12 .  SECOND COMMISSION DIRECTIVE OF 27 JULY 1973 MODIFYING THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ON ADDITIVES IN FEEDINGSTUFFS ( 73/275/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ( 1 ) ON ADDITIVES IN FEEDINGSTUFFS , AS LAST AMENDED BY THE FIRST COMMISSION DIRECTIVE OF 27 JULY 1973 ( 2 ) .  WHEREAS THE PROVISIONS OF THE ABOVEMENTIONED DIRECTIVE PROVIDE THAT THE CONTENT OF THE ANNEXES MUST BE CONSTANTLY AMENDED DUE TO THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;  WHEREAS IT IS APPARENT THAT THE GROUP OF PENICILLINS AND ALSO THE MIXTURE OF PENICILLIN-G-STREPTOMYCIN LISTED IN ANNEX I DO NOT CORRESPOND , AT THE PRESENT TIME , TO CERTAIN ASPECTS OF THE REQUIREMENTS OF ANIMAL NUTRITION ; WHEREAS IT IS NOW CONVENIENT TO PLACE THEM IN ANNEX II , UNDER CERTAIN CONDITIONS OF USE ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 , CONCERNING ADDITIVES IN FEEDINGSTUFFS , SHALL BE AMENDED AS STIPULATED IN THE FOLLOWING ARTICLES .  ARTICLE 2  IN ANNEX I PART A " ANTIBIOTICS " , THE ADDITIVES NUMBERED EEC E 705 , E 706 , E 707 , E 708 AND E 709 AND ALL RELEVANT REFERENCES SHALL BE DELETED .  ARTICLE 3  THE FOLLOWING PROVISIONS SHALL BE ADDED TO ANNEX II PART A " ANTIBIOTICS " :  ( SEE OJ NO L 254 OF 11 . 9 . 1973 ) .  ARTICLE 4  THE MEMBER STATES SHALL , NOT LATER THAN 1 JANUARY 1974 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 27 JULY 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI