Avis juridique important

|

31963L0262

Council Directive 63/262/EEC of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years

Official Journal 062 , 20/04/1963 P. 1326 - 1328 Finnish special edition: Chapter 6 Volume 1 P. 0006  Danish special edition: Series I Chapter 1963-1964 P. 0020  Swedish special edition: Chapter 6 Volume 1 P. 0006  English special edition: Series I Chapter 1963-1964 P. 0020  Greek special edition: Chapter 06 Volume 1 P. 0019  Spanish special edition: Chapter 06 Volume 1 P. 0019  Portuguese special edition Chapter 06 Volume 1 P. 0019

COUNCIL DIRECTIVE  of 2 April 1963  laying down detailed provisions for the attainment of freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years  (63/262/EEC)THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (2) and (3) thereof; Having regard to the General Programme for the abolition of restrictions on freedom of establishment, (1) and in particular Title IV F 1 thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament (2); Having regard to the Opinion of the Economic and Social Committee; Whereas the General Programme for the abolition of restrictions on freedom of establishment includes a special timetable for the attainment of such freedom in agriculture, which takes account of the particular nature of agricultural activities ; whereas the first measure provided for in this timetable is the immediate abolition of all restrictions on freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years ; whereas restrictions on the right to transfer from one holding to another are however to remain; Whereas, in order to ensure that this Directive is correctly applied, it is necessary to define what is meant by an agricultural holding abandoned or left uncultivated for more than two years; Whereas, in view of the fact that the timetable in the General Programme provides for the abolition of restrictions on freedom of establishment in respect of agricultural activities to take place by stages, persons covered by this Directive should be given a document certifying the extent of the rights they enjoy in the host country; Whereas the conditions of establishment must not be distorted by aids granted by the Member State of departure ; whereas the special assistance already frequently given towards preparation for and achievement of establishment should not be regarded as constituting such an aid; HAS ADOPTED THIS DIRECTIVE:Article 1Member States, acting in accordance with the following provisions, shall abolish all restrictions on the right of the persons specified under Title I of the General Programme for the abolition of restrictions on freedom of establishment (hereinafter called "beneficiaries under this Directive") to take up and pursue agricultural activities as self-employed persons on agricultural holdings abandoned or left uncultivated for more than two years. Article 2For the purposes of this Directive, "agricultural holding abandoned or left uncultivated for more than two years" means any cultivable plot of land, or group of cultivable plots of land, which has lain fallow for more than two years and which satisfies the requirements applicable to nationals of the Member State in question, particularly with regard to the minimum area for agricultural holdings. This definition does not include ground which is lying fallow under a system of crop rotation.  (1) OJ No 2, 15.1.1962, p. 36/62. (2) OJ No 134, 14.12.1962, p. 2864/62.  The presence or absence of buildings used or intended to be used for agricultural purposes on any plot or plots of land within the meaning of paragraph 1 shall not be taken into account in applying this definition. Article 3For the purposes of this Directive, "agricultural activities" means activities falling within Annex V to the General Programme (ex Major Group 01, Agriculture, International Standard Industrial Classification of all Economic Activities, compiled by the U.N. Statistical Office, Statistical Papers, Series M, No 4, Rev. 1, New York, 1958), and in particular: (a) general agriculture including the growing of field crops and viticulture ; growing of fruits, nuts, seeds, vegetables, flowers, both in the open and under glass; (b) raising of livestock, poultry, rabbits, fur-bearing or other animals, bees ; and the production of meat, milk, wool, skins and fur, eggs, honey. Felling of timber, commercial exploitation of woodlands, and planting and replanting of trees may be practised as ancillary activities on holdings as defined in Article 2, where such operations are compatible with a Member State's internal legislation and in particular with land utilisation plans. Article 4 1. The restrictions to be abolished shall be those set out under Title III of the General Programme. Each Member State shall in particular ensure that beneficiaries under this Directive have the right, on the same terms and with the same legal effects as its own nationals: (a) under whatever legal form, to acquire, take on lease, take by grant or licence, occupy or exploit, any holding which satisfies the provisions of Article 2 ; to exercise the right of pre-emption on the occasion of the sale of all or part of the holding; (b) to obtain any general or special forms of credit, aid or subsidy provided for the purchase, exploitation or management of holdings which satisfy the provisions of Article 2, including measures under programmes to improve the structure of agriculture; (c) to be members of or hold managerial positions in co-operatives, irrespective of the duties involved, or in any other agricultural associations of a co-operative nature and to form such associations, which shall likewise be open to nationals of the host country.  2. By way of derogation from the provisions of paragraph 1 and pending implementation of the provisions of the second sentence of Title IV F 3 of the General Programme, Member States which at the date of entry into force of the Treaty applied such a restriction shall retain the right to require beneficiaries under this Directive to obtain authorisation before transferring to a holding which does not satisfy the provisions of Article 2. Article 5 1. Member States shall procure that beneficiaries under this Directive are entitled as of right to establish themselves under the same conditions as their own nationals on agricultural holdings abandoned or left uncultivated, simply upon notification and without prior authorisation.  2. Any objection raised by the competent authority on the grounds that one or more of the provisions of Articles 1, 2 and 3 is not satisfied shall, if it is to have legal effect, save in a case of fraudulent practice, be made known to the person concerned within two months of notification by that person to the competent authority of his intention, as a beneficiary under this Directive, to establish himself.  3. Member States shall grant to beneficiaries under this Directive a right of appeal against any decision whereby the competent authority raises objection to their establishment.  4. Any Member State where, as a general rule, the taking up by nationals of other Member States of the activities set out in Article 3 is still subject to their obtaining a special permit for foreign nationals shall issue to beneficiaries under this Directive, on their application and without charge, after expiry of the period provided for in paragraph 2, an individual certificate stating their special circumstances and their right, in accordance with Article 4, to the same treatment as nationals of that State.  Article 6 1. No Member State shall grant to its nationals, with a view to or on the occasion of emigration for the purpose of establishment under this Directive, any direct or indirect aid, whether financial or other, which would result in distortion of the conditions of establishment in the host country.  2. The following shall not be regarded as aids distorting the conditions of establishment: (a) Administrative, technical or social assistance towards establishment given to beneficiaries under this Directive under a system of co-operation  between departments and bodies so authorised and supervised by the competent authorities of the Member State of departure and of the host Member State. (b) Financial or practical aid given by the Member State of departure to assist a beneficiary in transporting himself, his family, personal effects, furniture, livestock, and deadstock as far as the frontier of the host country.  Article 7 1. Member States shall, not later than one month after notification of this Directive, inform the Commission of all provisions laid down by law, regulation or administrative action and of all administrative practices which, in their territory, govern specifically the acquisition, taking on lease, granting or licensing, exploitation and management, of agricultural holdings abandoned or left uncultivated.  2. Member States shall take the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof. Article 8This Directive is addressed to the Member States. Done at Brussels, 2 April 1963. For the Council The President Eugène SCHAUS


Avis juridique important

|

31981L0487

Council Directive 81/487/EEC of 30 June 1981 amending for the second time Directive 75/726/EEC on the approximation of the laws of the Member States concerning fruit juices and certain similar products

Official Journal L 189 , 11/07/1981 P. 0043 - 0045 Spanish special edition: Chapter 13 Volume 11 P. 0210  Portuguese special edition Chapter 13 Volume 11 P. 0210

****( 1 ) OJ NO C 175 , 14 . 7 . 1980 , P . 87 .  ( 2 ) OJ NO C 182 , 21 . 7 . 1980 , P . 31 .  ( 3 ) OJ NO L 33 , 8 . 2 . 1979 , P . 1 .  ( 4 ) OJ NO L 311 , 1 . 12 . 1975 , P . 40 .        COUNCIL DIRECTIVE   OF 30 JUNE 1981   AMENDING FOR THE SECOND TIME DIRECTIVE 75/726/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING FRUIT JUICES AND CERTAIN SIMILAR PRODUCTS  ( 81/487/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),   WHEREAS COUNCIL DIRECTIVE 79/112/EEC OF 18 DECEMBER 1978 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE LABELLING , PRESENTATION AND ADVERTISING OF FOODSTUFFS FOR SALE TO THE ULTIMATE CONSUMER ( 3 ), PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 20 THEREOF , DID NOT AFFECT THE PROVISIONS OF DIRECTIVE 75/726/EEC ( 4 ), AS LAST AMENDED BY THE 1979 ACT OF ACCESSION , RELATING TO THE LABELLING AND PRESENTATION OF FRUIT JUICES AND SIMILAR PRODUCTS ;   WHEREAS THESE PROVISIONS SHOULD , PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 20 OF DIRECTIVE 79/112/EEC , BE ADAPTED TO THE RULES LAID DOWN IN THE SAID DIRECTIVE , INCLUDING THOSE GRANTING EXEMPTION OR HAVING A TRANSITIONAL NATURE ;   WHEREAS THE IMPLEMENTATION OF THE NEW LABELLING ARRANGEMENTS FOR FRUIT JUICES AND SIMILAR PRODUCTS SHOULD COINCIDE SIMULTANEOUSLY WITH THAT OF DIRECTIVE 79/112/EEC ;   WHEREAS , PENDING THE ADOPTION OF COMMUNITY PROVISIONS IN THIS FIELD , THE MEMBER STATES SHOULD , FOR THE TIME BEING , BE FREE TO LAY DOWN RULES GOVERNING THE LABELLING OF PRODUCTS NOT FOR SALE TO THE ULTIMATE CONSUMER ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   DIRECTIVE 75/726/EEC IS HEREBY AMENDED AS FOLLOWS :   1 . ARTICLE 11 SHALL BE REPLACED BY THE FOLLOWING :   ' ARTICLE 11   1 .  DIRECTIVE 79/112/EEC SHALL APPLY TO THE PRODUCTS DEFINED IN ARTICLE 1 ( 5 ) TO ( 8 ), IN ACCORDANCE WITH THE FOLLOWING PROVISIONS .   2 . ( A ) THE NAMES UNDER WHICH THE PRODUCTS DEFINED IN ARTICLE 1 ( 5 ) TO ( 8 ) ARE SOLD SHALL BE THE NAME RESERVED FOR THEM PURSUANT TO ARTICLE 3 ( 1 ), ( 2 ) AND ( 3 ).   HOWEVER :  ( I ) THE USE OF THE DESCRIPTION  " FRUIT NECTAR "  MAY BE MADE OPTIONAL BY MEMBER STATES FOR ONE OR MORE OF THE PRODUCTS REFERRED TO IN ARTICLE 3 ( 2 ) WHERE THE DESCRIPTIONS LISTED THEREIN ARE USED TO DESIGNATE THESE PRODUCTS ;  ( II ) FOR THE PRODUCT DEFINED IN ARTICLE 1 ( 8 ), THE ADJECTIVE  " DRIED "  MAY BE REPLACED BY THE ADJECTIVE  " POWDERED "  AND MAY BE ACCOMPANIED OR REPLACED BY PARTICULARS OF THE SPECIFIC PROCESS USED ( E.G . FREEZE-DRIED OR ANY OTHER SIMILAR REFERENCE ).  ( B ) THE NAMES UNDER WHICH THEY ARE SOLD SHALL BE SUPPLEMENTED :  ( I ) FOR PRODUCTS MANUFACTURED FROM TWO OR MORE KINDS OF FRUIT , EXCEPT AS REGARDS THE USE OF LEMON JUICE IN ACCORDANCE WITH ARTICLE 7 ( 2 ) ( D ), BY A LIST OF THE FRUITS USED , IN DESCENDING ORDER OF THE WEIGHT OF THE FRUIT JUICES OR PUREES INCLUDED , WHERE APPROPRIATE AFTER RESTORATION ; THE USE OF THE TERM  " FRUIT "  SHALL BE OPTIONAL IN THIS CASE ;  ( II ) FOR PRODUCTS WITH SUGAR ADDED WITHIN THE LIMITS LAID DOWN IN ARTICLE 4 ( 2 ) ( A ) ( II ), BY THE DESCRIPTION  " SWEETENED " , FOLLOWED BY AN INDICATION OF THE MAXIMUM QUANTITY OF SUGARS ADDED , CALCULATED AS DRY MATTER AND EXPRESSED AS GRAMS PER LITRE ; THE QUANTITY INDICATED MAY NOT EXCEED THE ACTUAL QUANTITY ADDED BY MORE THAN 15 % ;  ( III ) FOR THE FRUIT NECTARS REFERRED TO IN ARTICLE 3 ( 2 )  ( C ) WHICH ARE NOT DESIGNATED BY THE DESCRIPTION  " SUCCO E POLPA "  ALONE , IN ACCORDANCE WITH THE NATIONAL PROVISIONS REFERRED TO IN ( A ) ( I ), BY THE DESCRIPTION  " CONTAINS FRUIT PULP "  OR AN EQUIVALENT DESCRIPTION .   3 . AN OBLIGATION TO DECLARE THE LIST OF INGREDIENTS SHALL APPLY , SUBJECT TO THE FOLLOWING DEROGATIONS :  ( A )   ( I ) THE RESTORATION TO ITS ORIGINAL STATE , BY MEANS OF THE SUBSTANCES STRICTLY NECESSARY FOR THIS OPERATION :   -  OF FRUIT JUICE FROM A CONCENTRATED FRUIT JUICE ,   -  OF A FRUIT PUREE FROM CONCENTRATED FRUIT PUREE ;  ( II ) THE RESTORATION OF THE FLAVOUR :   -  TO CONCENTRATED FRUIT JUICE ,   -  TO DRIED FRUIT JUICE ,   SHALL NOT INVOLVE AN OBLIGATION TO DECLARE THE LIST OF THE INGREDIENTS USED FOR THIS PURPOSE .  ( B ) THE SUBSTANCES LISTED IN THE FIRST INDENT OF ARTICLE 4  ( 2 ) ( B ) SHALL NOT BE CONSIDERED AS INGREDIENTS OF ONE OF THE PRODUCTS DEFINED IN ARTICLE 1 ( 5 ) TO ( 8 ) WHERE THE SULPHUR DIOXIDE CONTENT OF THESE PRODUCTS , AS DETERMINED BY ANALYSIS , DOES NOT EXCEED 10 MG PER LITRE .   4 . INDICATION OF THE FOLLOWING PARTICULARS SHALL ALSO BE COMPULSORY ON THE LABELLING OF THE PRODUCTS DEFINED IN ARTICLE 1 ( 5 ) TO ( 8 ):  ( A ) FOR FRUIT JUICE AND NECTAR OBTAINED WHOLLY OR PARTIALLY FROM A CONCENTRATED PRODUCT , THE DECLARATION  " CONTAINS . . . MADE FROM CONCENTRATE " , PLUS THE NAME OF THE CONCENTRATED PRODUCT USED ; THIS DECLARATION SHALL APPEAR IN THE IMMEDIATE VICINITY OF THE PRODUCT NAME , STANDING OUT PROMINENTLY IN BOLD LETTERING ;  ( B ) FOR THE PRODUCTS DEFINED IN ARTICLE 1 ( 5 ), ( 6 ) AND ( 7 ), THE CARBON DIOXIDE CONTENT OF WHICH IS GREATER THAN 2 G PER LITRE , THE DESCRIPTION  " CARBONATED " ;  ( C ) FOR CONCENTRATED FRUIT JUICE AND DRIED FRUIT JUICE , AN INDICATION OF THE QUANTITY OF WATER TO BE ADDED TO RESTORE THE PRODUCT ;  ( D ) FOR FRUIT NECTARS , THE ACTUAL MINIMUM CONTENT OF FRUIT JUICE , FRUIT PUREE OR MIXTURE OF THESE INGREDIENTS , BY THE DECLARATION  " FRUIT CONTENT :  . . . % MINIMUM " .   5 . THE PARTICULARS REFERRED TO IN PARAGRAPH 4 ( A ), ( B ) AND  ( D ) SHALL APPEAR IN THE SAME FIELD OF VISION OF THOSE REFERRED TO IN ARTICLE 11 ( 3 ) ( A ) OF DIRECTIVE 79/112/EEC .   6 . THE ADDITION OF L-ASCORBIC ACID AS PROVIDED FOR IN ARTICLE 4 ( 1 ) ( B ) SHALL NOT AUTHORIZE ANY REFERENCE TO VITAMIN C . '   2 . THE FOLLOWING ARTICLE SHALL BE INSERTED :   ' ARTICLE 11A   WITHOUT PREJUDICE TO THE PROVISIONS TO BE ADOPTED BY THE COMMUNITY IN THIS FIELD , THE MEMBER STATES SHALL REMAIN FREE TO DETERMINE THE LABELLING RULES FOR THE PRODUCTS REFERRED TO IN ARTICLE 2 ( 2 ) WHICH ARE NOT TO BE DELIVERED AS SUCH TO THE ULTIMATE CONSUMER . '   ARTICLE 2   MEMBER STATES SHALL AMEND THEIR LAWS AS NECESSARY TO COMPLY WITH THIS DIRECTIVE AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF . THE LAWS THUS AMENDED SHALL APPLY SO AS TO :   -  PERMIT NOT LATER THAN 1 JULY 1983 TRADE IN THOSE PRODUCTS WHICH COMPLY WITH THIS DIRECTIVE ,   -  PROHIBIT AS FROM 1 JULY 1984 TRADE IN THOSE PRODUCTS WHICH DO NOT COMPLY WITH THIS DIRECTIVE .   ARTICLE 3   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT LUXEMBOURG , 30 JUNE 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . BRAKS


Avis juridique important

|

31997L0075

Council Directive 97/75/EC of 15 December 1997 amending and extending, to the United Kingdom of Great Britain and Northern Ireland, Directive 96/34/EC on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC

Official Journal L 010 , 16/01/1998 P. 0024 - 0024

COUNCIL DIRECTIVE 97/75/EC of 15 December 1997 amending and extending, to the United Kingdom of Great Britain and Northern Ireland, Directive 96/34/EC on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUCTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European 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 the Council, acting in accordance with the Agreement on social policy annexed to Protocol 14 to the Treaty, and in particular Article 4(2) thereof, adopted Directive 96/34/EC (4); whereas, as a result, the said Directive does not apply to the United Kingdom of Great Britain and Northern Ireland;Whereas the Amsterdam European Council, held on 16 and 17 June 1997, noted with approval the agreement of the Intergovernmental Conference to incorporate the Agreement on social policy in the Treaty and also noted that a means had to be found to give legal effect to the wish of the United Kingdom of Great Britain and Northern Ireland to accept the Directives already adopted on the basis of that Agreement before the signature of the Amsterdam Treaty; whereas this Directive seeks to achieve this aim by extending Directive 96/34/EC to the United Kingdom;Whereas the fact that Directive 96/34/EC is not applicable in the United Kingdom directly affects the functioning of the internal market; whereas implementation of the framework agreement annexed to the said Directive and, in particular, the principle of reconciliation of parental and professional responsibilities for working parents, in all the Member States will improve the functioning of the internal market;Whereas implementation of the framework agreement aims, in particular, at achieving the objective of equal treatment between men and women with regard to labour opportunities and treatment at work, and the reconciliation of working and family life;Whereas the adoption of this Directive will make Directive 96/34/EC applicable in the United Kingdom; whereas, from the date on which this Directive enters into force, the term 'Member States` in Directive 96/34/EC should be construed as including the United Kingdom,HAS ADOPTED THIS DIRECTIVE:Article 1 Without prejudice to Article 2, Directive 96/34/EC shall apply to the United Kingdom of Great Britain and Northern Ireland.Article 2 The following paragraph shall be inserted in Article 2 of Directive 96/34/EC:'1a. As regards the United Kingdom of Great Britain and Northern Ireland, the date of 3 June 1998 in paragraph 1 shall be replaced by 15 December 1999.`Article 3 This Directive is addressed to the Member States.Done at Brussels, 15 December 1997.For the CouncilThe PresidentJ.-C. JUNCKER(1) OJ C 335, 6. 11. 1997.(2) OJ C 371, 8. 12. 1997.(3) OJ C 355, 21. 11. 1997.(4) OJ L 145, 19. 6. 1996, p. 4.


Avis juridique important

|

31976L0118

Council Directive 76/118/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption

Official Journal L 024 , 30/01/1976 P. 0049 - 0057 Finnish special edition: Chapter 13 Volume 4 P. 0221  Greek special edition: Chapter 03 Volume 14 P. 0148  Swedish special edition: Chapter 13 Volume 4 P. 0221  Spanish special edition: Chapter 13 Volume 4 P. 0232  Portuguese special edition Chapter 13 Volume 4 P. 0232

COUNCIL DIRECTIVE  of 18 December 1975  on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption  (76/118/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas in order to contribute towards the establishment of a single market for preserved milk, to lay down conditions of production which take account of consumer requirements and to facilitate trade relations on the basis of fair competition, common rules must be adopted governing composition, use of reserved descriptions, manufacturing specification and labelling of the products concerned;  Whereas existing differences between national provisions governing these products constitute barriers to free movement and create unfair conditions of competition;  Whereas the determination of methods of analysis for checking the purity criteria of the additives and processing aids used in the manufacture of preserved milk, and the determination of the sampling procedure and the methods of analysis required for checking the composition and the manufacturing specifications of this milk, are implementing measures of a technical nature, the adoption of which should be left to the Commission so as to simplify and expedite the procedure;  Whereas, it is desirable that for all cases where the Council empowers the Commission to implement rules relating to foodstuffs, provision should be made for a procedure establishing close cooperation between the Member States and the Commission within the Standing Committee on Foodstuffs set up by the Council Decision of 13 November 1969 (3);  Whereas certain labelling rules laid down in this Directive cannot be implemented at present on account of the problems of understanding which this would create for the buyer;  Whereas in some cases it is sufficient to provide for a supplementary period after which the Directive would be applicable in its entirety;  Whereas in other cases national provisions must be maintained and a review clause applied;  Whereas pending the adoption of Community rules on indication of quality applicable to preserved milk, national provisions on this subject shall not be affected, but this situation must be reviewed if a Community system cannot be established within three years,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive concerns partly or wholly dehydrated preserved milk as defined in the Annex.  2. For the purposes of this Directive:    (a) "partly dehydrated milk" means the liquid product obtained directly by the partial removal of water from milk, from wholly or partly skimmed milk, or from a mixture of these products, which may have an admixture of cream or of wholly  (1)OJ No C 65, 5.6.1970, p. 47. (2)OJ No C 146, 11.12.1970, p. 26. (3)OJ No L 291, 29.11.1969, p. 9.    dehydrated milk or of both, the addition of wholly dehydrated milk not to exceed, in the finished product, 25 % of total milk solids ; however, Member States may maintain in their territory any ban on the use of wholly dehydrated milk in the production and marketing of partly dehydrated milk, if the ban existed prior to 1 October 1974.  When adopting the quality criteria referred to in Article 11 (1) (d) and in any case not later than two years after notification of this Directive, the Council shall decide whether or not to continue to permit these prohibitions;       (b) "wholly dehydrated milk" means the solid product whose moisture content is not more than 5 % by weight in the finished product obtained directly by the removal of water from milk, wholly or partly skimmed milk, cream or from a mixture of these products.         3. The preservation of the products defined in the Annex shall be achieved as follows:    (i) products in point 1 (a) to (d) by sterilization through heat treatment;       (ii) products in point 1 (e) to (g) by the addition of sucrose (semi-white sugar, sugar or white sugar or extra white sugar);       (iii) products in point 2 by dehydration.          Article 2 Member States shall take all measures necessary to ensure that the products defined in the Annex may be marketed only if they conform to the definitions and rules laid down in this Directive and the Annex thereto.   Article 3 1. The designations referred to in the Annex shall apply only to the products defined therein and must be used in trade to denote such products.  2. The use of the following designations may also be reserved, in their territory, by the Member States concerned:    (a) "evaporated milk" in Ireland and the United Kingdom to denote unsweetened condensed milk containing, by weight, at least 9 % fat and 31 % total milk solids;       (b) "kondenseret kaffefløde" in Denmark, "kondensierte Kaffeesahne" in Germany and "panna da caffè" in Italy to denote the product defined in point 1 (d) of the Annex;       (c) "flødepulver" in Denmark, and "Rahmpulver" and "Sahnepulver" in Germany, to denote the product defined in point 2 (d) of the Annex.         3. Five years after the date of notification of this Directive, the Council, acting on a proposal from the Commission, may decide to modify or revoke paragraph 2.   Article 4 Without prejudice to provisions concerning health and hygiene to be adopted by the Community in relation to the basic materials referred to in Article 1 (2), such materials must be subjected to heat treatment at least equivalent to pasteurization where the process of manufacture of the products defined in Article 1 (1) does not include such treatment.   Article 5 1. In the manufacture of the products defined in point 1 (a) to (d) of the Annex, only the use of the following shall be authorized:    >PIC FILE= "T9000919">      >PIC FILE= "T9000921">      - provided that the total quantity by weight of these added substances in the finished product is not greater than:    - 0 72 % for products with a total dry matter content not exceeding 28 %,       - 0 73 % for products with a total dry matter content exceeding 28 %;          - provided that the total triphosphate and linear polyphosphate content by weight expressed as P2O5, in ultra heat treated (UHT) unsweetened partly dehydrated milk, is not greater than 0 71 %;       - provided that the total added phosphate content expressed as P2O5 is not greater than 0 71 % for products whose total dry matter content does not exceed 28 %, and is not greater than 0 715 % for products whose total dry matter content exceeds 28 %.   2. In the manufacture of the products defined in point 1 (e) to (g) of the Annex, only the use of the following shall be authorized:    (a) the substances listed in paragraph 1, provided that their total quantity by weight in the finished product is not greater than 0 72 % and that the total added phosphate content expressed as P2O5 does not exceed 0 71 %;       (b) a quantity of lactose that is not greater than 0 702 % by weight of the finished product with the addition, where appropriate, of tricalcium phosphate, the quantity of which must not exceed 10 % of the lactose added.         3. In the manufacture of the products defined in point 2 of the Annex, only the use of the following shall be authorized:    (a) the substances listed in paragraph 1:      - provided that their total quantity, by weight, in the finished product is not greater than 0 75 % of which the maximum content of sodium and potassium bicarbonate is 0 72 %. The latter quantity may be a maximum of 0 73 % in the case of wholly dehydrated milk of the "Hatmaker" or "Roller" types other than that intended for retail sale and for the manufacture of which none of the other substances listed in paragraph 1 is used ; however, the United Kingdom may authorize the retail sale of this milk in its territory;           - provided that the total added phosphate content expressed as P2O5 does not exceed 0 725 %;                  (b) L-ascorbic acid (E 300), sodium L-ascorbate (E 301) and ascorbyl palmitate (E 304), singly or mixed at a maximum level, by weight, of the finished product, of 0 705 % expressed as ascorbic acid.   4. Where the designation of the products defined in point 2 (a), (c) and (d) of the Annex refers to instant solubility, the use of lecithins (E 322) shall also be authorized for their manufacture at a maximum level, by weight, of 0.5 %.  5. Where this Article refers to the percentage of an additive, the anhydrous substance is meant.  6. Member States may authorize in their territory the use of additional additives for wholly dehydrated milk used in vending machines and clearly labelled as such.  7. Notwithstanding paragraphs 1 to 3, Member States may authorize in their territory the addition of vitamins to the products defined in the Annex.   Article 6 Without prejudice to the provisions adopted under Article 11 (1), the lactate content of the products defined in the Annex shall not be greater than 300 mg per 100 g of milk solids not fat.   Article 7 1. The only information which is compulsory on the packages, containers or labels of the products defined in the Annex, and which must be conspicuous, clearly legible and indelible, shall be the following:    (a) one of the designations reserved for such products in accordance with Article 3;       (b) the word "instant" and a reference to the use of lecithin immediately following the designation where the authorization referred to in Article 5 (4) has been used;       (c) the percentage of milk fat expressed as a proportion of the finished product by weight,  except for those products defined in point 1 (b) and (f) and point 2 (b) of the Annex, and the percentage of milk solids not fat derived from milk for products defined in point 1 of the Annex;       (d) further particulars indicating the dehydration process for the products defined in point 2 of the Annex;       (e) for products defined in point 1 of the Annex, intended for retail sale, a statement as to the method of use ; this statement may be replaced by meaningful information on the use of the product if the product is intended for consumption unaltered ; until the expiry of the transitional period referred to in (h), Member States may stipulate that if such statements relate to quantities expressed by weight or by volume, they must also be expressed in equivalent imperial units of measurement;       (f) for products defined in point 2 of the Annex, intended for retail sale, recommendations on the method of dilution or reconstitution, including a statement of the fat content of the products obtained after dilution or reconstitution except for those products defined under point 2 (b) of the Annex ; until the expiry of the transitional period referred to in (h), Member States may stipulate that if such recommendations relate to quantities expressed by weight or by volume, they must also be expressed in equivalent imperial units of measurement;       (g) the words "UHT" or "ultra heat treated" for the products defined in point 1 (a) to (d) of the Annex, where these products are obtained as a result of such treatment and aseptically packed;       (h) the nominal weight, expressed in grammes or kilogrammes and, for liquid and semi-liquid products contained in bottles, the nominal volume expressed in litres, centilitres or millilitres ; pending the entry into force of Community provisions in the matter, national provisions on the measuring and marking of nominal volume and of nominal weight shall apply.  Until the expiry of the transitional period during which the use of the imperial units of measurement appearing in Annex II to Council Directive 71/354/EEC (1), as last amended by the Act of Accession (2), is authorized in the Community, the indication of the nominal weight or nominal volume of the contents expressed in SI units of measurement shall, if the United Kingdom or Ireland so desire for products put up for sale on their national territories, be accompanied by an indication of the nominal weight or nominal volume of the contents expressed in equivalent imperial units of measurement calculated on the basis of the following conversion factors: >PIC FILE= "T0009068">        (i) the name or trade name and address or registered office of the manufacturer or packer, or of a seller established within the Community.         2. The details referred to in paragraph 1 (a) to (d) and (h) shall appear on one of the main surfaces of the packaging or container and in the same field of vision.  3. By way of derogation from paragraph 1, the Member States may:    (a) retain national provisions which require the indication of      - a list of ingredients,           - a list of additives,           - the date,           - the factory or packaging plant ; this information may, however, appear in code only,           - the country of origin, although this information may not be required for products manufactured within the Community,           - subject to paragraph 8, a specific recommendation on the use of partly or wholly skimmed-milk products for infants where such products are sold retail;                  (b) retain or lay down national provisions requiring the indication of the date of the products under point 1 (a) to (d) of the Annex where these products are obtained as a result of ultra heat treatment (UHT) and aseptically packed.         4. By way of derogation from paragraph 1, and without prejudice to the provisions to be adopted by the Community with regard to dietetic foodstuffs, the Member States may retain or lay down national  (1)OJ No L 243, 29.10.1971, p. 29. (2)OJ No L 73, 27.3.1972, p. 14.    provisions which require indication of the quantity of added vitamins.  5. Where the products defined in the Annex are made up in packages or containers of a nominal weight of more than 20 kg and are not sold retail, the information required under paragraph 1 (b) to (h) need appear only on the accompanying documents.  6. Where products weighing less than 20 g per unit are packed in an outer package, the information required under paragraph 1 (b) to (h) need appear only on that outer package.  7. For a period of four years from the notification of this Directive and by way of derogation from paragraph 1 (a), Member States may allow the designation herein adopted to be accompanied on the packages, containers or labels by the designation previously used according to the national practices or provisions current at the time of notification of this Directive.  8. Within three years of the notification of this Directive the Council shall re-examine the derogation provided for in paragraph 3 (a), last indent, on the basis of a report from the Commission, accompanied by suitable proposals, where appropriate.  As regards partly skimmed-milk products, this derogation shall in any case cease to apply five years after the notification of this Directive.  9. Member States shall refrain from stating, apart from what is laid down in paragraph 1, how the information referred to in that paragraph is to be given.  However, Member States may forbid trade in their territory in the products defined in the Annex if the details referred to in paragraph 1 (a) to (g) are not shown in their national language or languages on one of the main surfaces of the package, container or label, or as provided for in paragraph 5, on the accompanying documents.  10. Paragraphs 1 to 9 shall apply without prejudice to the provisions to be adopted by the Community on labelling.   Article 8 The products referred to in Article 1 and destined for retail sale shall be packaged by the manufacturer or packer in sealed containers which protect the product from harmful influence and which must be delivered intact to the consumer.   Article 9 1. Member States shall adopt all the measures necessary to ensure that trade in products referred to in Article 1 which comply with the definitions and rules laid down in this Directive and the Annex cannot be impeded by the application of non-harmonized national provisions governing the composition, manufacturing specifications, packaging or labelling of these products or foodstuffs in general.  2. Paragraph 1 shall not be applicable to non-harmonized provisions justified on grounds of:    - protection of public health,       - prevention of frauds unless such provisions are liable to impede the application of the definitions and rules laid down by this Directive,       - protection of industrial and commercial property, indications of source, registered designation and prevention of unfair competition.          Article 10 1. Where a Member State, as a result of new information or of a re-assessment of existing information made since the Directive was adopted, has detailed grounds for establishing that the use, in the products referred to in the Annex, of one of the substances listed in Article 5, or where the maximum level which may be employed endangers human health although it complies with the provisions of this Directive, that Member State may temporarily suspend or restrict application of the provisions in question in its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision.  2. The Commission shall examine as soon as possible the grounds given by the Member State concerned and consult the Member States within the Standing Committee for Foodstuffs, and shall then deliver its opinion forthwith and take the appropriate measures.  3. If the Commission considers that amendments to the Directive are necessary in order to resolve the difficulties mentioned in paragraph 1 and to ensure  the protection of human health, it shall initiate the procedure laid down in Article 12, with a view to adopting these amendments ; the Member State which has adopted safeguard measures may in that event retain them until the amendments enter into force.   Article 11 1. The Council, acting on a proposal from the Commission, shall lay down:    (a) as far as is necessary, the purity criteria for the additives or products used as additives referred to in Article 5;       (b) the hygienic, chemical and physical criteria for the products defined in the Annex;       (c) the microbiological criteria for the products defined in the Annex;       (d) the quality criteria for wholly dehydrated milk which may be used in the production of partly dehydrated milk in accordance with Article 1 (2) (a).         2. The following shall be determined in accordance with the procedure laid down in Article 12:    (a) the methods of analysis necessary for checking the above purity criteria;       (b) the sampling procedures and methods of analysis necessary for checking the composition and manufacturing specifications of the products defined in the Annex.          Article 12 1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Standing Committee on Foodstuffs set up by the Council Decision of 13 November 1969 (hereinafter called "the committee") by its chairman, either on his own initiative or at the request of a representative of a Member State.  2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall give its opinion on this draft within a time limit set by the chairman having regard to the urgency of the matter. Opinions shall be delivered by a majority of 41 votes, the votes of the Member States being weighted in accordance with Article 148 (2) of the Treaty. The chairman shall not vote.  3.    (a) Where the measures envisaged are in accordance with the opinion of the committee, the Commission shall adopt them.       (b) Where the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority.       (c) If, within three months of the proposals having been submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.         Article 13 The provisions of Article 12 shall apply for a period of 18 months from the date on which the matter was first referred to the committee under Article 12 (1).   Article 14 This Directive shall not affect the laws of the Member States concerning indications of quality applicable to products referred to in the Annex and manufactured in their territory.  In the absence of relevant Community provisions within a period of three years from notification of this Directive, the Council shall re-examine the provisions of this Article on the basis of a report from the Commission with any appropriate proposals.   Article 15 This Directive shall not apply:    - without prejudice to any provisions to be adopted by the Community, to dietetic products or products specifically prepared for babies and young children;       - to products intended for export outside the Community.           Article 16 Within a period of one year from notification of this Directive, the Member States shall, where necessary, amend their laws to comply with the provisions of this Directive. They shall immediately inform the Commission of these amendments and of those exceptions laid down by this Directive of which they avail themselves. Not later than two years after notification of this Directive the laws thus amended shall apply to the products put on the market for the first time in the Member States.   Article 17 This Directive is addressed to the Member States.     Done at Brussels, 18 December 1975.  For the Council  The President  M. TOROS      ANNEX DESIGNATIONS AND DEFINITIONS OF PRODUCTS    1. Partly dehydrated milk to which this Directive is applicable      (a) Unsweetened condensed milk  Partly dehydrated milk containing, by weight, not less than 7 75 % fat and 25 % total milk solids.           (b) Unsweetened condensed skimmed milk  Partly dehydrated milk containing, by weight, not more than 1 % fat and not less than 20 % total milk solids.           (c) Unsweetened condensed partly skimmed milk  Partly dehydrated milk containing, by weight, not less than 1 % and not more than 7 75 % fat, and not less than 20 % total milk solids. Partly dehydrated milk containing, by weight, between 4 and 4 75 % fat and not less than 24 % total milk solids is the only milk which may be sold retail with this designation.           (d) Unsweetened condensed high-fat milk  Partly dehydrated milk containing, by weight, not less than 15 % fat and not less than 26 75 % total milk solids.           (e) Sweetened condensed milk  Partly dehydrated milk with an admixture of sucrose (semi-white sugar, sugar or white sugar or extra white sugar) and containing, by weight, not less than 8 % fat and 28 % total milk solids. Partly dehydrated milk with an admixture of sucrose (semi-white sugar, sugar or white sugar or extra white sugar) and containing, by weight, not less than 9 % fat and 31 % total milk solids is the only milk which may be sold retail with this designation.           (f) Sweetened condensed skimmed milk  Partly dehydrated milk with an admixture of sucrose (semi-white sugar, sugar or white sugar or extra white sugar) and containing, by weight, not more than 1 % fat and not less than 24 % total milk solids.           (g) Sweetened condensed partly skimmed milk  Partly dehydrated milk with an admixture of sucrose (semi-white sugar, sugar or white sugar or extra white sugar) and containing by weight not less than 1 % and not more than 8 % fat and not less than 24 % total milk solids. Partly dehydrated milk with an admixture of sucrose (semi-white sugar, sugar or white sugar or extra white sugar) and containing, by weight, between 4 and 4 75 % fat and not less than 28 % total milk solids is the only milk which may be sold retail with this designation.      2. Wholly dehydrated milk to which this Directive is applicable     (a) Dried whole milk or whole milk powder  Dehydrated milk containing, by weight, not less than 26 % fat.        (b) Dried skimmed milk or skimmed-milk powder  Dehydrated milk containing, by weight, not more than 1 75 % fat.       (c) Dried partly skimmed milk or partly skimmed-milk powder  Dehydrated milk with a fat content not less than 1 75 % and not more than 26 % by weight.       (d) Dried high-fat milk or high-fat milk powder  Dehydrated milk containing, by weight, not less than 42 % fat.


Avis juridique important

|

31963L0474

Council Directive 63/474/EEC of 30 July 1963 liberalising transfers in respect of invisible transactions not connected with the movement of goods, services, capital or persons

Official Journal 125 , 17/08/1963 P. 2240 - 2241 Danish special edition: Series I Chapter 1963-1964 P. 0040  English special edition: Series I Chapter 1963-1964 P. 0045  Greek special edition: Chapter 10 Volume 1 P. 0030  Spanish special edition: Chapter 06 Volume 1 P. 0023  Portuguese special edition Chapter 06 Volume 1 P. 0023

COUNCIL DIRECTIVE  of 30 July 1963  liberalising transfers in respect of invisible transactions not connected with the movement of goods, services, capital or persons  (63/474/EEC)THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 63 and 106 (3) 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; Whereal the establishment of the common market requires that restrictions on transfers between residents of Member States should be abolished as quickly and as widely as possible; Whereas in respect of transfers relating to the invisible transactions set out in Annex III to the Treaty which are not governed by the provisions of Article 106 (1) and (2) or by the Chapter on freedom of movement of capital, a very high level of liberalisation has already been achieved in Member States; Whereas, on these grounds and taking into account the economic situation of Member States, the liberalisation of transfers relating to all the relevant transactions in the form of a general permission or at least of the issue of any foreign exchange authorisations that may be required already appears possible at the present stage of the transitional period; HAS ADOPTED THIS DIRECTIVE:Article 1 1. Member States shall grant all foreign exchange authorisations required for transfers between residents of Member States relating to the invisible transactions set out in the Annex to this Directive.  2. Member States shall enable transfers relating to such transactions to be made at the exchange rates ruling for payments relating to current transactions. Article 2 1. The provisions of this Directive shall not restrict the right of Member States to verify the nature and genuineness of the transactions or transfers and to take all requisite measures to prevent infringements of their laws and regulations.  2. Member States shall simplify, as far as possible, the authorisation and control formalities applicable to transfers and shall where necessary consult one another with a view to such simplification. Article 3Member States shall, within five months of notification of this Directive, put into force the measures required to comply with its provisions and shall forthwith inform the Commission thereof. Article 4This Directive is addressed to the Member States.Done at Brussels, 30 July 1963 For the Council The President J.M.A.H. LUNS  (1) OJ No 61, 19.4.1963, p. 1275. ANNEX Invisible transactions referred to in Article 1 of the Directive - Banking charges. - Representation expenses. - Participation by subsidiary companies and branches in overhead expenses of parent companies situated abroad and vice versa. - Differences, margins and deposits due in respect of operations on commodity terminal markets in conformity with normal commercial practice. - Subscriptions and membership fees (excluding those representing remuneration for services and contributions paid to official or private social security bodies). - Government expenditure (official representation abroad, contributions to international organisations). - Taxes (excluding death duties), court expenses, registration of patents and trade marks. - Damages, where these cannot be considered as capital. - Refunds in the case of cancellation of contracts and refunds of uncalled-for payments where these cannot be considered as capital. - Fines. - Periodic settlements in connection with public transport and postal, telegraphic and telephone services. - Consular receipts. - Maintenance payments resulting from a legal obligation and financial assistance in cases of hardship. - Charges for documentation of all kinds incurred on their own account by authorised dealers in foreign exchange. - Sports prizes and racing earnings (excluding those won by professionals).


Avis juridique important

|

31981L0488

Council Directive 81/488/EEC of 30 June 1981 amending certain provisions of Directives 73/132/EEC and 78/53/EEC relating to the statistical surveys to be carried out by the Member States on bovine livestock

Official Journal L 189 , 11/07/1981 P. 0046 - 0047 Spanish special edition: Chapter 03 Volume 22 P. 0130  Portuguese special edition Chapter 03 Volume 22 P. 0130

****( 1 ) OJ NO L 153 , 9 . 6 . 1973 , P . 25 .  ( 2 ) OJ NO L 16 , 20 . 1 . 1978 , P . 20 .  ( 3 ) OJ NO C 101 , 4 . 5 . 1981 , P . 56 .    COUNCIL DIRECTIVE   OF 30 JUNE 1981   AMENDING CERTAIN PROVISIONS OF DIRECTIVES 73/132/EEC AND 78/53/EEC RELATING TO THE STATISTICAL SURVEYS TO BE CARRIED OUT BY THE MEMBER STATES ON BOVINE LIVESTOCK  ( 81/488/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 209 THEREOF ,   HAVING REGARD TO COUNCIL DIRECTIVE 73/132/EEC OF 15 MAY 1973 ON THE STATISTICAL SURVEYS TO BE CARRIED OUT BY THE MEMBER STATES ON BOVINE LIVESTOCK , ON FORECASTS ON THE AVAILABILITY OF BOVINE ANIMALS FOR SLAUGHTER AND ON STATISTICS ON SLAUGHTERED BOVINE ANIMALS ( 1 ),   HAVING REGARD TO COUNCIL DIRECTIVE 78/53/EEC OF 19 DECEMBER 1977 LAYING DOWN ADDITIONAL PROVISIONS RELATING TO THE STATISTICAL SURVEYS TO BE CARRIED OUT BY MEMBER STATES ON BOVINE LIVESTOCK ( 2 ),   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 3 ),   WHEREAS , IN ORDER TO PROMOTE THE APPROXIMATION OF SURVEY METHODS AND THE HARMONIZATION OF STATISTICS ON THE CATTLE SECTOR , CERTAIN PROVISIONS OF DIRECTIVE 73/132/EEC MUST BE CLARIFIED OR SUPPLEMENTED ;   WHEREAS ITALY HAS NOT YET BEEN ABLE , FOR TECHNICAL REASONS , DURING THE PERIOD COVERED BY DIRECTIVE 73/132/EEC , TO UPDATE THE SAMPLING CRITERIA IN ORDER TO OBSERVE THE COMMUNITY MARGINS OF ERROR AND THEREFORE WISHES TO EXTEND THE EXEMPTION PROVIDED FOR BY ARTICLE 4 OF THE DIRECTIVE ;   WHEREAS , FOR TECHNICAL REASONS , THE FEDERAL REPUBLIC OF GERMANY CARRIES OUT AGRICULTURAL SURVEYS IN EVEN YEARS ; WHEREAS ARRANGEMENTS SHOULD FORTHWITH BE MADE TO PERMIT THE DATA PROVIDED FOR BY ARTICLE 5 ( 4 ) OF DIRECTIVE 73/132/EEC TO BE SUPPLIED ACCORDING TO THIS PATTERN ;   WHEREAS EXPERIENCE INDICATED THAT THE COMMISSION DEPARTMENTS RESPONSIBLE FOR ADMINISTERING THE MARKET SHOULD HAVE ACCESS TO CERTAIN ADDITIONAL BREAKDOWNS AND PRODUCTION FORECASTS COVERING THE ENTIRE YEAR FOLLOWING THE YEAR UNDER REVIEW ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   DIRECTIVE 73/132/EEC IS HEREBY AMENDED AS FOLLOWS :   1 . THE EXEMPTION PROVIDED FOR IN ARTICLE 4 ( 3 ) SHALL BE EXTENDED TO 31 DECEMBER 1983 FOR ITALY .   2 . IN ARTICLE 5 , PARAGRAPHS 2 AND 3 SHALL BE REPLACED BY THE FOLLOWING :   ' 2 .  THE MEMBER STATES SHALL NOTIFY THE COMMISSION ANNUALLY , NOT LATER THAN 10 WEEKS AFTER THE REFERENCE MONTH , OF THE FINAL RESULTS OF ONE OF THE TWO SURVEYS ON THE POPULATION , BROKEN DOWN ACCORDING TO THE FOLLOWING TERRITORIAL SUB-DIVISIONS :   //  BELGIUM //  PROVINCES/PROVINCIES // DENMARK //   -  // GERMANY //  REGIERUNGSBEZIRKE // GREECE //   -  // FRANCE //  REGIONS DE PROGRAMME // IRELAND //   -  // ITALY //  REGIONI // LUXEMBOURG //   -  // NETHERLANDS //  PROVINCIES // UNITED KINGDOM //  STANDARD REGIONS //   HOWEVER , AS FAR AS GREECE IS CONCERNED , PROVISION MAY BE MADE , PURSUANT TO THE PROCEDURE REFERRED TO IN ARTICLE 9 , FOR THE RESULTS TO BE NOTIFIED ACCORDING TO SUB-DIVISIONS TO BE DETERMINED .   3 .  ON THE BASIS OF THE RESULTS OF ONE OF THE TWO SURVEYS ON THE POPULATION , THE MEMBER STATES SHALL PROCESS AND FORWARD TO THE COMMISSION , AT LEAST EVERY TWO YEARS STARTING WITH THE FORWARDING OF THE DATA FOR 1981 , THE NATIONAL DATA ACCORDING TO THE SIZE OF THE HERD KEPT AND IN THE FORM OF THE TABLES DRAWN UP IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 9 .   3A .  FOR TECHNICAL REASONS THE FEDERAL REPUBLIC OF GERMANY SHALL , HOWEVER , BE AUTHORIZED TO FORWARD :   -  THE RESULTS BROKEN DOWN ACCORDING TO THE SIZE OF HERD KEPT , AND   -  THE RESULTS TO BE ESTABLISHED IN ACCORDANCE WITH ARTICLE 1 ( 2 ),   EVERY TWO YEARS FROM THE FORWARDING OF THE DATA FOR 1980 .   AS REGARDS THE OTHER YEARS , THE FEDERAL REPUBLIC OF GERMANY SHALL FORWARD THE RESULTS REFERRED TO IN THE SECOND INDENT FOR THE  " LAENDER " . '   3 . IN ARTICLE 6 ( 1 ) THE FIRST SUBPARAGRAPH SHALL BE REPLACED BY THE FOLLOWING :   ' 1 .  ON THE BASIS OF THE RESULTS OF THE SURVEYS AND OF OTHER AVAILABLE DATA , THE MEMBER STATES SHALL ESTIMATE GROSS INDIGENOUS PRODUCTION OF CATTLE :   -  IN THE CASE OF THE INTERMEDIATE SURVEY , FOR THE SECOND HALF OF THE CURRENT YEAR AND FOR EACH HALF OF THE FOLLOWING CALENDAR YEAR ,   -  IN THE CASE OF THE DECEMBER SURVEY , FOR EACH HALF OF THE FOLLOWING CALENDAR YEAR . '   ARTICLE 2   THE EXEMPTION PROVIDED FOR IN ARTICLE 2 ( 3 ) OF DIRECTIVE 78/53/EEC SHALL BE EXTENDED TO 31 DECEMBER 1983 .   ARTICLE 3   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT LUXEMBOURG , 30 JUNE 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . BRAKS


Avis juridique important

|

31999L0078

Commission Directive 1999/78/EC of 27 July 1999 amending Commission Directive 95/10/EC (Text with EEA relevance)

Official Journal L 209 , 07/08/1999 P. 0022 - 0022

COMMISSION DIRECTIVE 1999/78/ECof 27 July 1999amending Commission Directive 95/10/EC(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs(1), as last amended by Directive 98/87/EC(2), and in particular Article 10(d) thereof,(1) Whereas Commission Directive 94/39/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes(3), as amended by Commission Directive 95/9/EC(4), foresees the compulsory labelling declaration of the energy value of dog and cat food intended for some particular nutritional purposes, calculated according to EC method.(2) Whereas Commission Directive 95/10/EC of 7 April 1995 fixing the method of calculating the energy value of dog and cat food intended for particular nutritional purposes(5), lays down a method for calculating the energy value;(3) Whereas this method is not sufficiently precise and was therefore adopted only provisionally, pending the availability of satisfactory method;(4) Whereas, although some progress to improve the current equations has been achieved, this improvement is still not statistically significant; whereas it is considered to be necessary to continue the ongoing research;(5) Whereas, meanwhile, the validity of the equations laid down in Directive 95/10/EC should be extended for a defined period;(6) 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 1The date of "30 June 1998" in Article 2 of Directive 95/10/EC shall be replaced by "30 March 2002".Article 21. Member States shall bring into force not later than 30 November 1999 the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive. They shall immediately inform the Commission thereof.When Member States adopt these provisions, 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 adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 27 July 1999.For the CommissionFranz FISCHLERMember of the Commission(1) OJ L 86, 6.4.1979, p. 30.(2) OJ L 162, 26.6.1999, p. 67.(3) OJ L 207, 10.8.1994, p. 20.(4) OJ L 91, 22.4.1995, p. 35.(5) OJ L 91, 22.4.1995, p. 39.


Avis juridique important

|

31996L0018

Commission Directive 96/18/EC of 19 March 1996 amending various Council Directives on the marketing of seeds and propagating materials (Text with EEA relevance)

Official Journal L 076 , 26/03/1996 P. 0021 - 0022

COMMISSION DIRECTIVE 96/18/EC of 19 March 1996 amending various Council Directives on the marketing of seeds and propagating materials (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 21 (a) thereof,Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (2), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 20 (a) thereof,Having regard to Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 40 (a) thereof,Whereas, in the light of the development of scientific and technical knowledge, Directives 66/401/EEC, 69/208/EEC and 70/458/EEC should be amended for the reasons set out hereafter;Whereas current international rules, namely those of the International Seed Testing Association and the Organization for Economic Cooperation and Development, have been revised in respect of maximum weights for seed lots of certain species; whereas that revision has been shown to be suitable for adoption by the Community;Whereas the maximum weights in the Community rules for seed lots of those species should therefore be revised accordingly;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 66/401/EEC is hereby amended as follows:in column 2 of the Table in Annex III '20` is replaced by '25` in the case of- Lupinus albus- Lupinus angustifolius- Lupinus luteus- Pisum sativum- Vicia faba,and- Vicia sativa.Article 2 Directive 69/208/EEC is hereby amended as follows:in column 2 of the Table in Annex III '20` is replaced by '25` in all the cases where it appears and '10` is replaced by '25` in the case of Carthamus tinctorius.Article 3 Directive 70/458/EEC is hereby amended as follows:point 1 of Annex III is replaced by the following:'1. Maximum weight of a seed lot:>TABLE>The maximum lot weight shall not be exceeded by more than 5 %.`Article 4 1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 July 1996. 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.2. Member States shall communicate to the Commission the text of the main provisions of national law they adopt in the field covered by this Directive.Article 5 This Directive shall enter into force on the day after its publication in the Official Journal of the European Communities.Article 6 This Directive is addressed to the Member States.Done at Brussels, 19 March 1996.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No 125, 11. 7. 1966, p. 2298/66.(2) OJ No L 169, 10. 7. 1969, p. 3.(3) OJ No L 225, 12. 10. 1970, p. 7.


title: Commission Directive 2011/21/EU of 2 March 2011 amending Council Directive 91/414/EEC to include clethodim as active substance and amending Decision 2008/934/EC  Text with EEA relevance

text:
               3.3.2011

               EN

               Official Journal of the European Union

               L 58/49

         COMMISSION DIRECTIVE 2011/21/EU
   of 2 March 2011
   amending Council Directive 91/414/EEC to include clethodim as active substance and amending Decision 2008/934/EC
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list included clethodim.

               (2)

               In accordance with Article 11e of Regulation (EC) No 1490/2002 the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from receipt of the draft assessment report. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (4) was adopted on the non-inclusion of clethodim.

               (3)

               Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (5).

               (4)

               The application was submitted to the Netherlands, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

               (5)

               The Netherlands evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 1 December 2009. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on clethodim to the Commission on 10 September 2010 (6). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 28 January 2011 in the format of the Commission review report for clethodim.

               (6)

               It has appeared from the various examinations made that plant protection products containing clethodim may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which have been examined and detailed in the Commission review report. It is therefore appropriate to include clethodim in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.

               (7)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the applicant submit further information to confirm the results of the risk assessment, on the basis of most recent scientific knowledge, as regards the soil and groundwater exposure assessments and the residue definition for risk assessment.

               (8)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

               (9)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of 6 months after inclusion to review existing authorisations of plant protection products containing clethodim to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (10)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (7) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I.

               (11)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (12)

               Decision 2008/934/EC provides for the non-inclusion of clethodim and the withdrawal of authorisations for plant protection products containing that substance by 31 December 2011. It is necessary to delete the line concerning clethodim in the Annex to that Decision.

               (13)

               It is therefore appropriate to amend Decision 2008/934/EC accordingly.

               (14)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   The line concerning clethodim in the Annex to Decision 2008/934/EC is deleted.
   Article 3
   Member States shall adopt and publish by 30 November 2011 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 December 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 4
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing clethodim as an active substance by 30 November 2011.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to clethodim are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing clethodim as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning clethodim. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing clethodim as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or

               (b)

               in the case of a product containing clethodim as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 5
   This Directive shall enter into force on 1 June 2011.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 2 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 55, 29.2.2000, p. 25.

      (3)  OJ L 224, 21.8.2002, p. 23.

      (4)  OJ L 333, 11.12.2008, p. 11.

      (5)  OJ L 15, 18.1.2008, p. 5.

      (6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance clethodim. EFSA Journal 2010; 8(9):1771. [93 pp.]. doi:10.2903/j.efsa.2010.1771. Available online: www.efsa.europa.eu

      (7)  OJ L 366, 15.12.1992, p. 10.

      ANNEX
      The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

                     No

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘336

                     Clethodim
                     CAS No: 99129-21-2

                     CIPAC No: 508

                     (5RS)-2-{(1EZ)-1-[(2E)-3-chloroallyloxyimino]propyl}-5-[(2RS)-2-(ethylthio)propyl]-3-hydroxycyclohex-2-en-1-one

                     ≥ 930 g/kg
                     Impurities:
                     toluene max. 4 g/kg

                     1 June 2011

                     31 May 2021

                     PART A
                     Only uses as herbicide on sugar beet may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI the conclusions of the review report on clethodim, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 28 January 2011, shall be taken into account.
                     In this overall assessment Member States shall pay particular attention to the protection to aquatic organisms, birds and mammals, and shall ensure that conditions of use include the application of adequate risk mitigation measures.
                     The Member States concerned shall request the submission of confirmatory information, on the basis of most recent scientific knowledge, as regards:

                                 —

                                 the soil and groundwater exposure assessments,

                                 —

                                 the residue definition for risk assessment.

                           The Member States concerned shall ensure that the applicant submits such confirmatory information to the Commission by 31 May 2013.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


title: Commission Directive 2011/26/EU of 3 March 2011 amending Council Directive 91/414/EEC to include diethofencarb as active substance and amending Decision 2008/934/EC  Text with EEA relevance

text:
               4.3.2011

               EN

               Official Journal of the European Union

               L 59/37

         COMMISSION DIRECTIVE 2011/26/EU
   of 3 March 2011
   amending Council Directive 91/414/EEC to include diethofencarb as active substance and amending Decision 2008/934/EC
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list included diethofencarb.

               (2)

               In accordance with Article 11e of Regulation (EC) No 1490/2002 the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from receipt of the draft assessment report. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (4) was adopted on the non-inclusion of diethofencarb.

               (3)

               Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (5).

               (4)

               The application was submitted to France, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

               (5)

               France evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 21 December 2009. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on diethofencarb to the Commission on 7 September 2010 (6). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 28 January 2011 in the format of the Commission review report for diethofencarb.

               (6)

               It has appeared from the various examinations made that plant protection products containing diethofencarb may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which have been examined and detailed in the Commission review report. It is therefore appropriate to include diethofencarb in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.

               (7)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the applicant submit further information confirming the potential uptake of the metabolite 6-NO2-DFC in succeeding crops and the risk assessment for non-target arthropod species.

               (8)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

               (9)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of 6 months after inclusion to review existing authorisations of plant protection products containing diethofencarb to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (10)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (7) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I.

               (11)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (12)

               Decision 2008/934/EC provides for the non-inclusion of diethofencarb and the withdrawal of authorisations for plant protection products containing that substance by 31 December 2011. It is necessary to delete the line concerning diethofencarb in the Annex to that Decision.

               (13)

               It is therefore appropriate to amend Decision 2008/934/EC accordingly.

               (14)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   The line concerning diethofencarb in the Annex to Decision 2008/934/EC is deleted.
   Article 3
   Member States shall adopt and publish by 30 November 2011 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 December 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 4
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing diethofencarb as an active substance by 30 November 2011.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to diethofencarb are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing diethofencarb as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning diethofencarb. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing diethofencarb as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or

               (b)

               in the case of a product containing diethofencarb as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 5
   This Directive shall enter into force on 1 June 2011.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 3 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 55, 29.2.2000, p. 25.

      (3)  OJ L 224, 21.8.2002, p. 23.

      (4)  OJ L 333, 11.12.2008, p. 11.

      (5)  OJ L 15, 18.1.2008, p. 5.

      (6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance diethofencarb. EFSA Journal 2010;8(9):1721. [55 pp.] doi:10.2903/j.efsa.2010.1721. Available online: www.efsa.europa.eu/efsajournal.htm.

      (7)  OJ L 366, 15.12.1992, p. 10.

      ANNEX
      The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

                     No

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘331

                     Diethofencarb
                     CAS No: 87130-20-9

                     CIPAC No: 513

                        isopropyl 3,4-diethoxycarbanilate

                     ≥ 970 g/kg
                     Impurities:
                     Toluene: not more than 1 g/kg

                     1 June 2011

                     31 May 2021

                     PART A
                     Only uses as fungicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI the conclusions of the review report on diethofencarb, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 28 January 2011, shall be taken into account.
                     In this overall assessment Member States shall pay particular attention to the risk to aquatic organisms and non-target arthropods and shall ensure that conditions of use include the application of adequate risk mitigation measures.
                     The Member States concerned shall request the submission of confirmatory information as regards:

                                 (a)

                                 the potential uptake of the metabolite 6-NO2-DFC in succeeding crops;

                                 (b)

                                 the risk assessment for non-target arthropod species.

                           The Member States concerned shall ensure that the applicant submits such information to the Commission by 31 May 2013.’

         (1)  Further details on identity and specification of active substance are provided in the review report.