Avis juridique important

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31978L0052

Council Directive 78/52/EEC of 13 December 1977 establishing the Community criteria for national plans for the accelerated eradication of brucellosis, tuberculosis and enzootic leukosis in cattle

Official Journal L 015 , 19/01/1978 P. 0034 - 0041 Finnish special edition: Chapter 3 Volume 9 P. 0150  Greek special edition: Chapter 03 Volume 19 P. 0235  Swedish special edition: Chapter 3 Volume 9 P. 0150  Spanish special edition: Chapter 03 Volume 13 P. 0175  Portuguese special edition Chapter 03 Volume 13 P. 0175

COUNCIL DIRECTIVE  of 13 December 1977  establishing the Community criteria for national plans for the accelerated eradication of brucellosis, tuberculosis and enzootic leukosis in cattle  (78/52/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/391/EEC of 17 May 1977 introducing Community measures for the eradication of brucellosis, tuberculosis and leukosis in cattle (1), and in particular Article 13 thereof,  Having regard to the proposal from the Commission,  Whereas when laying down, in Directive 77/391/EEC, the basic principles for Community intervention for the eradication of brucellosis, tuberculosis and leukosis, the Council decided to establish subsequently the minimum criteria which the national plans for the eradication of the abovementioned diseases should satisfy in order to qualify for a financial contribution by the Community;  Whereas the first of these criteria relates to the acceleration of national plans, so that the campaign undertaken to eradicate the diseases in question in the Member States in which herds are still infected may be carried to a successful conclusion as rapidly as possible ; whereas to this end measures should be taken or strengthened, as far as possible simultaneously, concerning, in particular, checks on livestock, the functioning of laboratories and the compensation paid for cattle slaughtered under the eradication plans;  Whereas it is moreover necessary, depending on the diseases in question, to lay down the conditions in which slaughter, isolation, cleaning and disinfection should take place and the use which should be made of certain animal products;  Whereas it is also essential, in order to avoid the risk of reinfection, to practise strict control of movements of cattle, especially between herds of a different health status, and to make those movements conditional on certain tests;  Whereas the date on which Directive 77/391/EEC is to take effect should be fixed,  HAS ADOPTED THIS DIRECTIVE:    Article 1 In order to qualify for the Community financial contribution provided for in Directive 77/391/EEC, each eradication plan referred to in Articles 2, 3 and 4 of that Directive must, in respect of the herds to which it applies, satisfy at least the criteria laid down in the present Directive.   Article 2 For the purposes of this Directive, the following definitions shall apply:    1. in the case of brucellosis in cattle:      (a) type B1 bovine herds : herds in whose case the previous clinical history and vaccination and serological status are unknown;           (b) type B2 bovine herds : herds in whose case the previous clinical history and vaccination and serological status are known and in which routine monitoring tests are carried out in accordance with the national rules for bringing these herds up to type B3 or type B4 status;           (c) type B3 bovine herds : brucellosis-free herds within the meaning of Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (2), as last amended by Directive 77/98/EEC (3);           (d) type B4 bovine herds : officially brucellosis-free herds within the meaning of Directive 64/432/EEC;                  2. in the case of bovine tuberculosis:      (a) type T1 bovine herds : herds in whose case the previous clinical history and the tuberculin-test status are unknown;  (1)OJ No L 145, 13.6.1977, p. 44. (2)OJ No 121, 29.7.1964, p. 1977/64. (3)OJ No L 26, 31.1.1977, p. 81.             (b) type T2 bovine herds : herds in whose case the previous clinical history and the tuberculin-test status are known, and in which routine monitoring tests are carried out in accordance with the national rules for bringing these herds up to type T3 status;           (c) type T3 bovine herds : officially tuberculosis-free herds within the meaning of Directive 64/432/EEC;                  3. suspect animal : any bovine animal which shows symptoms indicating the possible presence of tuberculosis, brucellosis or bovine enzootic leucosis and for which an appropriate diagnosis has neither officially confirmed nor officially ruled out the presence of one or more of these diseases;       4. official veterinarian : the veterinarian designated by the competent central authority of the Member State;       5. means of transport : those parts of motor vehicles, rail vehicles and aircraft set aside for loading, the holds of ships and containers for land, sea or air transport.          CHAPTER I General provisions  Article 3 Member States shall ensure that, in all cases, the acceleration provided for in Directive 77/391/EEC involves a significant shortening of the period of time necessary for successfully completing eradication plans as compared with the time taken by programmes currently in progress.  The measures to be taken to achieve this end shall be the following:    1. The proportion of the national cattle population which is the subject of eradication and preventive measures must be so increased that most or all such cattle may be placed or kept under monitoring controls as soon as possible.       2. Compensation for animals slaughtered on the instructions of the official veterinarian must be so adjusted that breeders are appropriately compensated.       3. The number of laboratory staff must be increased and there must be an improvement in the conditions for carrying out diagnoses in the laboratory - in so far as such steps still remain to be taken - so as to attain a level that is sufficient to make possible the measures defined in point 1.       4. Measures introduced to combat enzootic diseases must be systematically applied.        To guarantee that acceleration is fully effective, the Member States shall ensure that all the measures outlined in points 1 to 4 are applied.    Article 4 1. For the purpose of officially monitoring the movement of the animals, Member States shall ensure that cattle are registered and identified in a permanent manner.  2. Member States shall, for each of the diseases for which an eradication plan exists, draw up and keep up to date an official record of bovine herds covered by such a plan classified according to their health status.   CHAPTER II Specific provisions relating to brucellosis in cattle  Article 5 Member States shall ensure that under a plan for the eradication of brucellosis:    (a) the presence and suspected presence of brucellosis are compulsorily and immediately notifiable to the competent authority;       (b) any therapeutic treatment of brucellosis is prohibited;       (c) if practised, anti-brucellosis vaccination is carried out under official supervision but is suspended as soon as possible so that the herds may pass to the stage of officially brucellosis-free herds.          Article 6 1. Where a herd contains an animal suspected of having brucellosis, the competent authorities shall ensure that the official investigations are carried out as soon as possible to confirm or rule out the presence of that disease.  Pending the outcome of these investigations, the competent authorities shall order:    - the herd to be placed under official surveillance,       - the prohibition of all movement into or out of the herd unless authorized by the competent authorities for the purpose of slaughter without delay. However, movement of the castrated cattle on the farm may be authorized by the competent authorities after the isolation of the suspect animals, provided that the castrated animals are moved to fattening herds, and thence to the slaughterhouse,       - isolation within the herd of the suspect animals.         2. The orders referred to in paragraph 1 shall not be lifted until the presence or suspected presence of brucellosis in the herd concerned has been officially ruled out.   3. Where the presence of brucellosis is officially confirmed in a herd, the Member States shall take appropriate measures to prevent any spread of the disease and shall ensure in particular that:    - all movement into or out of the herd in question is forbidden, unless authorized by the competent authorities for the purpose of slaughter without delay ; however, movement of the castrated cattle on the farm may be authorized by the competent authorities after the isolation and the marking prior to slaughter of infected animals and of cattle regarded by the same authorities as infected, provided that the castrated animals are moved to fattening herds and thence to the slaughterhouse,       - animals in which the presence of brucellosis has been officially confirmed, and animals which may have been infected by them, are isolated within the herd,       - subject to observance of the terms of Directive 64/432/EEC, and those of Council Directive 78/51/EEC of 13 December 1977 prolonging certain derogation measures in respect of brucellosis and tuberculosis granted to Denmark, Ireland and the United Kingdom (1), the cattle are examined without delay for brucellosis,       - animals in which the presence of brucellosis has been officially confirmed, animals which have been examined as stipulated in the third indent with unfavourable results, and animals considered by the competent authorities as infected are isolated and marked until their slaughter pursuant to Article 7,       - milk from infected cows may only be fed to animals on the same farm after suitable heat treatment,       - without prejudice to national provisions concerning foodstuffs, milk from cows from an infected herd, cannot be delivered to a dairy, except to undergo suitable heat treatment,       - carcases, half-carcases, quarters, pieces and offal from infected animals intended for use as feed for animals are treated in such a way as to avoid contamination,       - foetuses, still-born calves calves which have died from brucellosis after birth or placentae are carefully disposed of and destroyed immediately, unless they are to be examined,       - straw, litter or any other matter and substance which has come into contact with the infected cow or calf or with the placenta is destroyed immediately, burnt or buried after soaking in disinfectant,       - official regulations for the control of establishments such as carcase disposal plants ensure that there is no danger of the material produced spreading brucellosis,       - manure from sheds or other quarters used by the animals is stored in a place inaccessible to farm animals, treated with a suitable disinfectant and stored for at least three weeks. Use of disinfectant is not required if the manure is covered with a layer of uninfected manure or earth. Liquid waste from sheds or other quarters used by the animals must be disinfected if it is not collected at the same time as the manure.          Article 7 Member States shall ensure that, following a bacteriological, pathological or serological examination, animals in which the presence of brucellosis has been officially established and those considered by the competent authorities to be infected are slaughtered under official supervision as soon as possible and not later than 30 days after their owner or the person in charge has been officially notified of the results of the tests and of his obligation, under the eradication plan, to slaughter the cattle concerned within that time limit.   Article 8 Member States shall ensure that:    1. after the slaughter of the cattle referred to in Article 7 and prior to restocking, sheds and other herd quarters, and all containers, equipment and other articles used for the animals are cleaned and disinfected under official supervision, in accordance with the instructions given by the official veterinarian. Re-use of pastures which have contained these animals must not take place for 60 days after their removal from such pastures, the competent authorities may however derogate from this prohibition in the case of castrated animals, subject to the condition that these animals only leave these pastures for slaughter or that they are moved to fattening herds and thence to the slaughterhouse;       2. all means of transport, containers and equipment are cleaned and disinfected after the transport of animals from an infected herd, or of materials from such animals, or of materials or substances which have been in contact with such animals. Loading areas for such animals must be cleaned and disinfected after use;  (1)See page 32 of this Official Journal.         3. the disinfectant to be used and its concentrations are officially authorized by the competent authority of the Member State concerned.          Article 9 Member States shall ensure that after the slaughter of the cattle referred to in Article 7,    - without prejudice to the provisions of Article 11, no cattle may leave the herd concerned unless authorization has been given by the competent authority for the purpose of slaughter without delay. However, movement of the castrated cattle on the farm may be authorized by the competent authorities, provided that the castrated animals are moved to fattening herds and thence to the slaughterhouse,       - brucellosis tests are carried out on the herd concerned to confirm that the disease has been eliminated,       - the herd is not restocked with animals for breeding until the animals over 12 months old remaining in it for this purpose have passed one or more official serological examinations for brucellosis. However, for cattle which have been vaccinated in accordance with the provisions of Directive 64/432/EEC, this test need not be carried out until they are 18 months old.          Article 10 Member States shall ensure that official serological testing is carried out in type B1 and type B2 herds until such time as they become type B3 or type B4.   Article 11 Member States shall ensure that:    (i) all female animals and all bulls from type B1 herds destined for type B2 herds:      - if more than 12 months old, have passed an officially approved serological test carried out within the 30 days prior to movement and are accompanied by a certificate to this effect from the official veterinarian,           - are isolated immediately upon arrival for at least 60 days and if more than 12 months old, have passed a further officially approved serological test before admission to the type B2 herd;                  (ii) all female animals and all bulls from a type B2 herd destined for another type B2 herd:      - if more than 12 months old, have passed an officially approved serological test carried out within the 30 days prior to movement and are accompanied by a certificate to this effect from the official veterinarian,           - do not come into contact, during transfer, with animals from herds of a lower health status;                  (iii) transfers of animals between B3 and B4 herds are carried out subject to the observance of the requirements of Directive 64/432/EEC.          Article 12 Member States shall ensure that:    - official control measures are taken to prevent a herd in which brucellosis has been eliminated from being re-infected from other sources of infection,       - all movements of cattle into and within herds covered by an eradication plan are subject to official monitoring,       - the movement control measures referred to in the second indent can be applied without prejudice to existing Community measures concerning movement into and out of brucellosis-free and officially brucellosis-free herds.          CHAPTER III Specific provisions relating to bovine tuberculosis  Article 13 Member States shall ensure that under a plan for the accelerated eradication of tuberculosis:    (a) the presence and suspected presence of tuberculosis are compulsorily and immediately notifiable to the competent authority;       (b) the following are prohibited:      (i) any therapeutic or desensitizing treatment of tuberculosis;           (ii) anti-tuberculosis vaccination.                      Article 14 1. Where a herd contains an animal suspected of having tuberculosis, the competent authorities shall ensure that official investigations are carried out as soon as possible to confirm or rule out the presence of that disease.  Pending the outcome of these investigations, the competent authorities shall order:    - the herd to be placed under official surveillance,       - the prohibition of any movement into or out of the herd unless authorized by the competent authorities for the purpose of slaughter without delay,       - isolation within the herd of the suspect animals.         2. The orders referred to in paragraph 1 shall not be lifted until the presence or suspected presence of tuberculosis in the herd concerned has been officially ruled out.  3. Where the presence of tuberculosis is officially confirmed, the Member States shall take appropriate measures to prevent any spread of the disease and shall ensure in particular that:    - all movement into or out of the herd in question is prohibited unless authorized by the competent authorities for the purpose of slaughter without delay,       - cattle in which the presence of tuberculosis has been officially confirmed, and cattle which may have been infected by them, are isolated within the herd,       - the cattle undergo an examination for tuberculosis without delay,       - cattle in which the presence of tuberculosis has been officially confirmed, cattle which have been examined as stipulated in the third indent with unfavourable results, and cattle considered by the competent authorities as infected are isolated and marked until their slaughter pursuant to Article 15,       - milk from infected cows may only be fed to animals on the same farm after suitable heat treatment,       - without prejudice to national provisions concerning foodstuffs, milk from cows from an infected herd, cannot be delivered to a dairy, except to undergo suitable heat treatment,       - carcases, half-carcases, quarters, pieces and offal from infected cattle intended for use as feed for animals are treated in such a way as to avoid contamination,       - official regulations for the control of establishments such as carcase disposal plants ensure that there is no danger of the material produced spreading tuberculosis,       - manure from sheds or other quarters used by the animals is stored in a place inaccessible to farm animals, treated with a suitable disinfectant and stored for at least three weeks. Use of disinfectant is not required if the manure is covered with a layer of uninfected manure or earth. Liquid waste from sheds or other quarters used by the animals must be disinfected if it is not collected at the same time as the manure.          Article 15 Member States shall ensure that, following a bacteriological, pathological or tuberculin examination, animals in which the presence of tuberculosis has been officially established and those considered by the competent authorities to be infected are slaughtered under official supervision as soon as possible and not later than 30 days after the owner or the person in charge has been officially notified of the results of the tests and of his obligation, under the eradication plan, to slaughter the cattle concerned within that time limit.  However, in the case of animals which have been examined for tuberculosis with unfavourable results without showing clinical symptoms of the disease, the competent authorities may extend to not more than three months the period provided for in the above paragraph,    - in the case of a female animal which is expected to calve within the three month period,       - where they order the slaughter of all cattle in a herd of more than 20 head in a region in which, for technical reasons connected with the capacity of the slaughter-houses designated for this purpose, slaughter cannot be carried out within the 30 days.          Article 16 Member States shall ensure that:    1. after the slaughter of the cattle referred to in Article 15 and prior to restocking, sheds and other herd quarters, and all containers, equipment and other articles used for the animals are cleaned and disinfected under official supervision, in accordance with the instructions given by the official veterinarian;        2. all means of transport, containers and equipment are cleaned and disinfected after the transport of animals from an infected herd or of materials from such animals or of materials or substances which have been in contact with such animals. Loading areas for such animals must be cleaned and disinfected after use;       3. the disinfectant to be used and its concentrations are officially authorized by the competent authority of the Member State concerned.          Article 17 Member States shall ensure that after the slaughter of the cattle referred to in Article 15,    - without prejudice to the provisions of Article 19, no cattle may leave the herd concerned, unless authorization has been given by the competent authority for the purpose of slaughter without delay,       - tuberculosis tests are carried out on the herd concerned to confirm that the disease has been eliminated,       - the herd is not re-stocked until the cattle over six weeks old remaining in it have passed one or more official tuberculosis tests.          Article 18 Member States shall ensure that, under a plan for the eradication of tuberculosis, officially supervised intra-dermal tuberculin testing is carried out on all cattle over six weeks old at least every six months in type T1 and type T2 herds until such time as they become type T3 herds.   Article 19 Member States shall ensure that:    (i) any animal from a type T1 herd and destined for a type T2 herd:      - has passed an intradermal tuberculin test carried out within the 30 days prior to movement and is accompanied by a certificate to this effect from the official veterinarian,           - is isolated immediately upon arrival for at least 60 days and has passed a further official intradermal tuberculin test before admission to the herd;                  (ii) any animal from a type T2 herd and destined for another type T2 herd:      - has passed an intradermal tuberculin test within the 30 days prior to movement and is accompanied by a certificate to this effect from the official veterinarian,           - does not come into contact, during transfer, with cattle from herds of a lower health status;                  (iii) all transfers of cattle between type T3 herds are carried out subject to observance of the requirements of Directive 64/432/EEC.          Article 20 Member States shall ensure that:    - official control measures are taken to prevent a herd in which tuberculosis has been eliminated from being re-infected from other sources of infection,       - all movements of cattle into and within herds covered by an eradication plan are subject to official supervision,       - the movement control measures referred to in the second indent can be applied without prejudice to existing Community measures concerning movement into and out of officially tuberculosis-free herds.          CHAPTER IV Specific provisions relating to enzootic bovine leukosis  Article 21 Pending the entry into force of Community rules, and without prejudice to Article 4, third subparagraph of Directive 77/391/EEC, national provisions on the detection of leukosis and on the classification of herds with regard to leukosis shall apply.   Article 22 Member States shall ensure that, under a plan for the eradication of leukosis,    (a) the presence and suspected presence of leukosis, and in particular tumours of the lymphatic system and other organs of cattle, are compulsorily and immediately notifiable to the competent authority;       (b) therapeutic treatment or anti-leukosis vaccination of any kind is prohibited.           Article 23 Notwithstanding any measures adopted pursuant to national provisions in the event of leukosis being suspected, Member States shall, when the presence of leukosis is officially confirmed in a herd, take appropriate measures to prevent any spread of the disease and shall ensure in particular that:    - any movement of animals from this herd is prohibited, unless authorized by the competent authorities for the purpose of slaughter without delay,       - the herd in question is isolated so that the cattle cannot come into contact with cattle not belonging to this herd,       - milk from infected cows may only be fed to animals after suitable heat treatment or delivered to a dairy to undergo such treatment ; feeding animals with milk which has not undergone heat treatment may be authorized for herds where all animals are to be slaughtered pursuant to Article 24, point 1,       - carcases, half-carcases, quarters, pieces and offal from infected animals intended for use as feed for animals are prepared in such a way as to avoid contamination,       - official regulations for the control of establishments such as carcase disposal plants ensure that there is no danger of the material produced spreading leukosis,       - the farmer notifies the official veterinarian of the death or emergency slaughter of any cattle from his farm.          Article 24 Member States shall ensure that, within the framework of the eradication plan,    1. where such plan provides for the slaughter of all cattle belonging to a herd in which leukosis has been officially established, these animals are slaughtered within a period to be set by the competent authorites;       2. where such plan provides for the slaughter of only those cattle in which leukosis has been officially established and possibly those considered by the competent authorities to be infected, such slaughter takes place within a period of 30 days after their owner or the person in charge has been officially notified of the result of the examinations and of his obligation, under the eradication plan, to slaughter the cattle concerned within this period.          Article 25 Member States shall ensure that, in the event of slaughter pursuant to Article 24, point 2,    - no cattle may leave the herd concerned unless authorization has been given by the competent authorities for the purpose of slaughter without delay,       - leukosis tests are carried out on the herd concerned to confirm that the disease has been eliminated,       - only animals from herds considered by the competent authorities as not infected with leukosis may be used to re-stock the herd.          Article 26 Member States shall ensure that:    1. after the slaughter of the cattle referred to in Article 24 and prior to restocking, sheds and other herd quarters, and all containers, equipment and other articles used for the animals are cleaned and disinfected under official supervision, in accordance with the instructions given by the official veterinarian;       2. all means of transport, containers and equipment are cleaned and disinfected after the transport of animals or of materials from such animals or of materials or substances which have been in contact with such animals. Loading areas for such animals are cleaned and disinfected after use;       3. the disinfectant to be used and its concentrations are officially authorized by the competent authority of the Member State concerned.          Article 27 Member States shall ensure that cattle from a herd classified as not suspect do not come into contact with cattle from herds which are not so classified.   CHAPTER V Final provisions  Article 28 Before expiry of the three-year period provided for in Directive 77/391/EEC, the Commission shall submit to the Council a report on the application of the plans provided for in that Directive, accompanied if necessary by proposals to achieve closer harmonization of national preventive measures.    Article 29 1. Directive 77/391/EEC shall take effect on 1 January 1978.  2. Member States shall bring into force the laws, regulations and administrative provisions necessary for implementation of national plans for accelerated eradication adopted in accordance with Article 9 (2) of Directive 77/391/EEC, on the date laid down by the Commission in its Decision approving the plans, and for plans approved during 1978, not later than 31 December 1978.  3. The three-year period of execution provided for in Article 6 (1) of Directive 77/391/EEC shall run, for each Member State, from the date laid down by the Commission pursuant to paragraph 2. However, Community finance shall in all cases be restricted to slaughterings carried out before 1 January 1982.  4. The Council, acting unanimously on a proposal from the Commission, may, where implementation of the plan on the date laid down would meet with considerable difficulties in some Member States, postpone for such States the dates specified in paragraphs 2 and 3 by not more than one year.   Article 30 This Directive is addressed to the Member States.     Done at Brussels, 13 December 1977.  For the Council  The President  A. HUMBLET


Avis juridique important

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31966L0403

Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes  /* CODIFIED VERSION CF 374Y0608(04) */

Official Journal 125 , 11/07/1966 P. 2320 - 2326 Danish special edition: Series I Chapter 1965-1966 P. 0135  English special edition: Series I Chapter 1965-1966 P. 0154  Greek special edition: Chapter 03 Volume 2 P. 0014  Spanish special edition: Chapter 03 Volume 1 P. 0196  Portuguese special edition Chapter 03 Volume 1 P. 0196  Finnish special edition: Chapter 3 Volume 1 P. 0153  Swedish special edition: Chapter 3 Volume 1 P. 0153

COUNCIL DIRECTIVE of 14 June 1966 on the marketing of seed potatoes (66/403/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  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;  Whereas potato production occupies an important place in the agriculture of the European Economic Community;  Whereas satisfactory results in potato cultivation depend to a large extent on the use of appropriate seed potatoes ; whereas to this end certain Member States have for some time restricted the marketing of seed potatoes to high-quality seed potatoes ; whereas they have been able to take advantage of the systematic plant selection work carried out over several decades which has resulted in the development of sufficiently stable and uniform potato varieties which, by reason of their characters, promise to be of great value for the purposes in view;  Whereas greater productivity will be achieved in Community potato cultivation if for the choice of the varieties permitted to be marketed the Member States apply uniform rules which are as strict as possible, in particular as regards health status;  Whereas it is, however, justifiable to restrict marketing to certain varieties only if the user can be sure of actually obtaining seed potatoes of those varieties;  Whereas certain Member States have for this purpose been applying certification schemes which are intended by official control to ensure identity and varietal purity and health status;  Whereas recommendations have been made within the framework of the Economic Commission for Europe concerning standardisation of the commercial quality of seed potatoes moving in international trade ; whereas these recommendations relate in particular to the health of the progeny ; whereas they may, consequently, constitute one of the bases for a uniform Community certification scheme;  Whereas such scheme should apply to marketing both in other Member States and on domestic markets;  Whereas, as a general rule, seed potatoes should be allowed to be marketed only if they have been officially examined and certified, in accordance with the rules for certification, as basic seed potatoes or certified seed potatoes ; whereas the choice of the technical terms "basic seed potatoes" and "certified seed potatoes" is based on already existing international terminology;  Whereas seed potatoes which are not placed on the market should not, in view of their minor economic importance, be subject to Community rules ; whereas Member States must retain the right to make such seed potatoes subject to special provisions;  Whereas Community rules should not apply to seed potatoes shown to he intended for export to third countries;  Whereas, in order to improve not only the genetic value and health status of Community seed potatoes but also their external characters, provision should be   1 OJ No 109, 9.7.1964, p. 1770/64.   made for tolerances in respect of impurities, blemishes and diseases in seed potatoes;  Whereas, in order to ensure the identity of the seed potatoes, Community rules on packaging, sealing and marking must be established ; whereas to this end the labels should give the particulars needed both for official control and for the information of the user and should clearly show the Community nature of the certification;  Whereas, in order to ensure that both the requirements as to the quality of the seed potatoes and the provisions for ensuring their identity are complied with during marketing, the Member States must make provision for appropriate control arrangements;  Whereas seed potatoes satisfying these requirements should, without prejudice to Article 36 of the Treaty, be subject to no marketing restrictions other than those provided for in Community rules, except in those cases where Community rules provide for tolerances in respect of diseases, harmful organisms or their vectors;  Whereas, during a first stage, until a common catalogue of varieties has been established, the restrictions allowed should include in particular the right of Member States to restrict the marketing of seed potatoes to those varieties which are of value for cropping and use in their own territory;  Whereas provision should be made for authorising the marketing within the Community of seed potatoes harvested in third countries only if they afford the same assurances as seed potatoes officially certified within the Community and complying with Community rules;  Whereas, during periods in which there are difficulties in obtaining supplies of certified seed potatoes of the various categories, seed potatoes satisfying less stringent requirements should temporarily be permitted to be marketed;  Whereas, in order to ensure that seed potatoes certified in the Member States satisfy the requirements laid down and to enable comparisons to be made in the future between such seed potatoes and those coming from third countries, Community test fields should be established in Member States to permit annual post-control of the various categories of certified seed potatoes ; whereas the Member States should be authorised to prohibit the marketing of all or certain varieties of seed potatoes coming from other Member States if the comparative tests have given unsatisfactory results over a period of several years;  Whereas the Commission should be entrusted with the task of adopting certain measures for the application of this Directive ; whereas, in order to facilitate implementation of the proposed measures, a procedure should be provided for establishing close co-operation between Member States and the Commission within a Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry;  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to seed potatoes marketed within the Community.   Article 2 For the purposes of this Directive, the following definitions shall apply:    A. Basic seed potatoes : potato tubers      (a) which have been produced according to  accepted practices for the maintenance of the  variety and of health;           (b) which are intended mainly for the production  of certified seed potatoes;           (c) which satisfy the minimum conditions laid  down in Annexes I and II for basic seed  potatoes ; and           (d) which have been found by official  examination to satisfy the minimum  conditions laid down above.                  B. Certified seed potatoes : potato tubers      (a) which are of direct descent from basic seed  potatoes or certified seed potatoes of a given  variety;           (b) which are intended mainly for the production  of potatoes other than seed potatoes;           (c) which satisfy the minimum conditions laid  down in Annexes I and II for certified seed  potatoes ; and           (d) which have been found by official  examination to satisfy the above-mentioned  minimum conditions.                  C. Official measures : measures taken      (a) by State authorities, or           (b) by any legal person whether governed by  public or by private law, acting under the  responsibility of the State, or            (c) in the case of ancillary activities which are  also subject to State control, by any natural  person duly sworn for that purpose,             provided that the persons mentioned under (b)  and (c) derive no private gain from such  measures.          Article 3 1. The Member States shall provide that seed potatoes may not be placed on the market unless they have been officially certified as "basic seed potatoes" or "certified seed potatoes" and unless they satisfy the minimum conditions laid down in Annexes I and II. The Member States shall provide that seed potatoes which do not during marketing satisfy the minimum conditions laid down in Annex II may be sorted. The tubers which are not rejected shall then undergo a further official examination.  2. Member States may:    A. subdivide the categories of seed potatoes provided  for in Article 2 into grades satisfying different  requirements;       B. provide for derogations from the provisions of the  first sentence of paragraph 1:      (a) for seed potatoes of generations prior to basic  seed potatoes,           (b) for tests or for scientific purposes,           (c) for selection work.                     Article 4 Member States may, as regards the minimum conditions laid down in Annexes I and II, impose additional or more stringent requirements for the certification of seed potatoes produced in their own territory.   Article 5 1. Each Member State shall establish a list of the varieties of potato officially accepted for certification in its territory ; the list shall give the main morphological or physiological characters by which the varieties can be distinguished one from another.  2. The varieties accepted shall be officially checked. If any of the conditions for acceptance for certification is no longer satisfied, acceptance shall be revoked and the variety deleted from the list.  3. These lists and any alterations made to them shall be sent forthwith to the Commission, which shall communicate them to the other Member States.   Article 6 The Member States shall provide that seed potatoes may not be placed on the market if they have been treated with sprout inhibitors.   Article 7 1. The Member States shall provide that seed potatoes may not be placed on the market unless they have a minimum size such that they do not pass through a square mesh of 28 × 28 mm ; for varieties having, on an average, a length of at least twice the greatest width, the square mesh must not be less than 25 × 25 mm. In the case of tubers which are too large to pass through a square mesh of 35 × 35 mm, the dimensions of the two square meshes used for sizing a consignment shall be divisible by 5. The maximum variation in size between tubers in consignment shall be such that the difference between the dimensions of the two square meshes used does not exceed 20 mm.  2. A consignment shall not contain more than 3 % by weight of tubers smaller than the minimum size indicated or more than 3 % by weight of tubers larger than the maximum size indicated.  3. Member States may, in respect of seed potatoes produced in their own territory, further reduce the permitted variation in size between tubers in a consignment.   Article 8 1. The Member States shall require that basic seed potatoes and certified seed potatoes be marketed only in sufficiently homogeneous consignments and in unused closed containers bearing, as prescribed in Articles 9 and 10, a sealing device and markings.  2. Member States may, for the marketing of small quantities to the final consumer, provide for derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking.   Article 9 1. The Member States shall require that packages of basic seed potatoes and certified seed potatoes be officially sealed in such a manner that when the container is opened the seal is damaged and cannot be reattached.   2. Packages shall not be resealed except officially. If packages are resealed, the fact of resealing, the date of resealing and the authority responsible therefor shall be stated on the label required under Article 10 (1).   Article 10 1. The Member States shall require that packages of basic seed potatoes and certified seed potatoes    (a) be labelled on the outside with an official label in  one of the official languages of the Community  conforming to the specification in Annex III ; it  shall be attached with the official seal ; the colour  of the label shall be white for basic seed potatoes  and blue for certified seed potatoes ; for  marketing in other Member States the label shall  bear the date on which the official seal was  attached;       (b) contain an official document, in the same colour  as the label, giving the same information as that  required under Annex III for the label.         2. Member States may:    (a) require that in all cases the date on which the  official seal was attached be stated on the label;       (b) as a substitute for the official document required  under paragraph 1 (b), permit the information  required for the label to be indelibly printed on  the container;       (c) provide in the case of small packages for  derogations from the provisions of paragraph 1.          Article 11 This Directive shall not affect the right of Member States to require that containers of basic seed potatoes or certified seed potatoes, whether the seed potatoes have been produced in their own territory or imported, must, if the seed potatoes are to be marketed within their territory, bear a supplier's label.   Article 12 The Member States shall require that any chemical treatment of basic seed potatoes or certified seed potatoes be noted either on the official label or on the supplier's label and on the container or inside it.   Article 13 1. The Member States shall ensure that basic seed potatoes and certified seed potatoes which have been officially certified and whose containers have been officially marked and sealed as prescribed in this Directive are subject to no marketing restrictions as regards their characters, examination arrangements, marking and sealing other than those laid down in this Directive.  2. The Commission, acting in accordance with the procedure laid down in Article 19, shall, in respect of the marketing of seed potatoes in all or part of the territory of one or more Member States, authorise more stringent measures than those provided for in Annex I to be taken against particular virus diseases which do not exist in those regions or which appear particularly harmful to crops in those regions. Where there is imminent danger of the introduction or spread of such diseases, and until such time as the Commission has given a final ruling on the matter, such measures may be taken by the Member State concerned as soon as its request has been submitted.  3. Member States may, until such time, which should not be later than 1 January 1970, as a common catalogue of varieties can be introduced, restrict the marketing of seed potatoes to those varieties which are entered in a national list based on value for cropping and use in their territory ; the conditions for inclusion in this list shall be the same for varieties coming from other Member States as for domestic varieties.   Article 14 1. Member States may prohibit, in whole or in part, the marketing of seed potatoes harvested in another Member State if the progeny of officially drawn samples of basic seed potatoes or certified seed potatoes harvested in that Member State and grown in one or more Community test fields has for three successive years fallen appreciably below the minimum conditions laid down in Annex I, 1 (c), 2 (c), 3 and 4.  2. Any measures taken under paragraph 1 shall be withdrawn as soon as it has been established with adequate certainty that the basic seed potatoes and certified seed potatoes harvested in the Member State concerned will in future satisfy the minimum conditions referred to in paragraph 1.  3. Before the measures provided for in paragraph 1 are taken a reasoned opinion shall be requested from the Committee referred to in Article 19. Its opinion shall also be sought if a Member State refuses to withdraw a measure taken under paragraph 1 where its withdrawal appears to be required under paragraph 2.  4. The Commission, acting in accordance with the procedure laid down in Article 19, shall make the necessary arrangements for the comparative tests to be carried out. Seed potatoes harvested in third countries may be included in the comparative tests.    Article 15 1. The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether seed potatoes harvested in a third country and affording the same assurances as regards their characters and the arrangements for their inspection, for ensuring identity, for marking and for control are equivalent in these respects to basic seed potatoes or certified seed potatoes harvested within the Community and complying with the provisions of this Directive.  2. Until such time as the Council has taken a decision under paragraph 1, the Member States shall be free to take such decisions themselves. This right shall expire on 1 July 1969.   Article 16 1. In order to remove any temporary difficulties in the general supply of basic seed potatoes or certified seed potatoes that occur in one or more Member States and cannot be overcome within the Community, the Commission, acting in accordance with the procedure laid down in Article 19, shall authorise one or more of the Member States to accept for marketing, for a period to be set by the Commission, seed potatoes of a category satisfying less stringent requirements.  2. For that category the colour of the official label shall be dark yellow. The label shall always state that the seed potatoes in question are of a category satisfying less stringent requirements.   Article 17 This Directive shall not apply to seed potatoes shown to be intended for export to third countries.   Article 18 The Member States shall make suitable arrangements for seed potatoes to be officially controlled during marketing, at least by check sampling, as regards their compliance with the requirements of this Directive.   Article 19 1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State, to the Standing Committee on Seeds and Propagating Material for Agriculture, - Horticulture and Forestry (hereinafter called the "Committee") set up by the Council Decision of 14 June 1966 1.  2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within a time limit set by the Chairman according to the urgency of the matter. Opinions shall be delivered by a majority of twelve votes.  4. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall forthwith be communicated by the Commission to the Council. In that event the Commission may defer application of the measures which it has adopted for not more than one month from the date of such communication.  The Council, acting by a qualified majority, may take a different decision within one month.   Article 20 Save as otherwise provided in Annexes I and II in respect of tolerances for diseases, harmful organisms or their vectors, this Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.   Article 21 The Member States shall, not later than 1 July 1968, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of Article 13 (1) and, not later than 1 July 1969, those necessary to comply with the other provisions of this Directive and its Annexes. They shall forthwith inform the Commission thereof.   Article 22 This Directive is addressed to the Member States.     Done at Brussels, 14 June 1966.  For the Council  The President  P. WERNER   1 OJ No 125, 11.7.1966, p. 2289/66.     ANNEX I Minimum conditions to be satisfied by seed potatoes     1. Basic seed potatoes shall satisfy the following conditions:      (a) On official inspection of the growing plants the number affected by blackleg must not  exceed 2 %;           (b) In the direct progeny the number of plants not breeding true to the variety must not  exceed 0 725 % and the number of plants of a different variety must not exceed 0 71 %;           (c) In the direct progeny the number of plants showing symptoms of mild or severe virus  infection must not exceed 4 %.                  2. Certified seed potatoes shall satisfy the following conditions:      (a) On official inspection of the growing plants the number affected by blackleg must not  exceed 4 %;           (b) In the direct progeny the number of plants not breeding true to the variety must not  exceed 0 75 % and the number of plants of a different variety must not exceed 0 72 %;           (c) In the direct progeny the number of plants showing symptoms of severe virus infection  must not exceed 10 %. Light mosaics merely causing discoloration and not leaf  deformation shall be ignored.                  3. In assessing the progeny of a variety affected by a chronic virus disease, slight symptoms  caused by the virus in question shall not be taken into account.       4. The tolerances allowed under Items 1 (c), 2 (c) and 3 are applicable only where the virus  diseases are caused by viruses that are prevalent in Europe.         ANNEX II Minimum quality conditions for lots of seed potatoes  Tolerances for the following impurities, blemishes and diseases allowed for seed potatoes : >PIC FILE= "T0019172">     ANNEX III Label     A. Required information      1. "Seed potatoes certified in accordance with European Economic Community rules"           2. Certification authority and Member State           3. Producer's identification number or reference number of lot           4. Variety           5. Country of production           6. Category and, if desirable, grade           7. Size           8. Declared net weight           9. Crop year                  B. Minimum dimensions  110 × 67 mm


Avis juridique important

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31980L1200

Commission Directive 80/1200/EEC of 4 December 1980 setting a time limit for the processing of certain agricultural products under inward processing arrangements

Official Journal L 369 , 31/12/1980 P. 0019 - 0020 Spanish special edition: Chapter 02 Volume 7 P. 0205  Portuguese special edition Chapter 02 Volume 7 P. 0205

COMMISSION DIRECTIVE  of 4 December 1980  setting a time limit for the processing of certain agricultural products under inward processing arrangements  (80/1200/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 69/73/EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing (1), as last amended by Directive 76/119/EEC (2), and in particular Article 28 thereof,  Whereas Commission Directive 69/354/EEC of 30 September 1969 setting a time limit for the processing of certain agricultural products under inward processing arrangements (3), limited the period referred to in Article 9 (b) of Directive 69/73/EEC in the case of goods subject to inward processing arrangements, which are of the same kind as the basic Community products referred to in Article 1 of Council Regulation (EEC) No 441/69 of 4 March 1969 laying down additional general rules for granting export refunds on products subject to a single price system, exported unprocessed or in the form of certain goods not covered by Annex II to the Treaty (4), as last amended by Regulation (EEC) No 269/78 (5);  Whereas the restriction of the time limit referred to above reflects a concern for consistency with Article 3 (3) of Commission Regulation (EEC) No 1957/69 of 30 September 1969 on additional detailed rules for granting export refunds on products subject to a single price system (6);  Whereas Regulation (EEC) No 441/69 has been replaced by Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (7) ; whereas the latter Regulation has extended the scope of the former Regulation;  Whereas Regulation (EEC) No 1957/69 has been replaced by Commission Regulation (EEC) No 798/80 of 31 March 1980, laying down general rules on the advance payment of export refunds and positive monetary compensatory amounts in respect of agricultural products (8) ; whereas, by virtue of Article 11 (1) of Regulation (EEC) No 798/80, the time limit during which the basic products may remain under customs control with a view to their being processed shall, in principle, be six months from the date of acceptance of the payment declaration;  Whereas the reasons which led to the adoption of Directive 69/354/EEC continue to exist, namely the need to ensure that a balance is maintained between the use of Community basic products in the manufacture of processed products for export to third countries on the one hand and the use of third country basic products brought in under inward processing arrangements on the other ; whereas it is nevertheless appropriate to replace that Directive in order to take account of Regulations (EEC) No 565/80 and (EEC) No 798/80 referred to above;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Customs Processing Arrangements,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. For the purposes of implementing Article 9 (b) of Directive 69/73/EEC, the period within which goods imported under inward processing arrangements must be dealt with in any one of the ways specified in Article 13 of that Directive is hereby fixed at a maximum of six months for agricultural products of the same kind as those referred to in Article 1 of Regulation (EEC) No 565/80, where such products are intended to be exported in the form of processed products or goods within the meaning of Article 2 (b) or (c) of that Regulation.  2. The competent authorities of the Member States may, however, extend the period for reasons arising out of the inward processing operations.  (1)OJ No L 58, 8.3.1969, p. 1. (2)OJ No L 24, 30.1.1976, p. 58. (3)OJ No L 264, 22.10.1969, p. 7. (4)OJ No L 59, 10.3.1969, p. 1. (5)OJ No L 40, 10.2.1978, p. 7. (6)OJ No L 250, 4.10.1969, p. 1. (7)OJ No L 62, 7.3.1980, p. 5. (8)OJ No L 87, 1.4.1980, p. 42.    Article 2 Directive 69/354/EEC is hereby repealed with effect from 1 February 1981. It shall, however, continue to apply to goods placed under inward processing arrangements before that date.   Article 3 1. Member States shall bring into force the measures necessary to ensure that this Directive takes effect on 1 February 1981. They shall forthwith inform the Commission thereof.  2. The Commission shall communicate this information to the other Member States.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 4 December 1980  For the Commission  Étienne DAVIGNON  Member of the Commission


title: Commission Directive 2006/139/EC of 20 December 2006 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of arsenic compounds for the purpose of adapting its Annex I to technical progress   (Text with EEA relevance)

text:
               29.12.2006

               EN

               Official Journal of the European Union

               L 384/94

      COMMISSION DIRECTIVE 2006/139/EC
   of 20 December 2006
   amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of arsenic compounds for the purpose of adapting its Annex I to technical progress
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Members States relating to the restrictions on the marketing and use of dangerous substances and preparations (1), and in particular Article 2a thereof,
   Whereas:

               (1)

               Directive 76/769/EEC permits the use of certain arsenic compounds as biocides for the treatment of wood and lays down rules for the marketing and use of arsenic treated wood.

               (2)

               The marketing and use of biocidal products are also regulated by Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (2). The effect of Directive 98/8/EC read in conjunction with Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and amending Regulation (EC) No 1896/2000 (3), is that from 1 September 2006 the placing on the market and the use of biocidal products containing arsenic and arsenic compounds for wood preservation purposes is not possible unless those substances are authorised in accordance with Article 5(1) of Directive 98/8/EC.

               (3)

               In order to ensure a coherent application of the legislation in question, it is therefore necessary to adapt the rules concerning biocidal products containing arsenic compounds in Directive 76/769/EEC to the rules in Directive 98/8/EC.

               (4)

               The rules concerning wood treated with arsenic compounds in Directive 76/769/EEC do not adequately distinguish between the first placing on the market and the reuse of such wood. It is therefore necessary to clarify those rules and in particular the placing of such wood on the second hand market.

               (5)

               Directive 76/769/EEC should therefore be amended accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Committee on the adaptation to technical progress of the Directives for the elimination of technical barriers to trade in dangerous substances and preparations,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 76/769/EEC is amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 30 June 2007 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 by 30 September 2007 at the latest.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 20 December 2006.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 262, 27.9.1976, p. 201. Directive as last amended by Directive 2005/90/EC of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 28).

      (2)  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Commission Directive 2006/50/EC (OJ L 142, 30.5.2006, p. 6).

      (3)  OJ L 307, 24.11.2003, p. 1. Regulation as last amended by Regulation (EC) No 1048/2005 (OJ L 178, 9.7.2005, p. 1).

      ANNEX
      Annex I to Directive 76/769/EEC, point 20 is replaced by the following:

                                 ‘20.

                                 Arsenic Compounds

                                 1.

                                 Shall not be placed on the market or used as substances and constituents of preparations intended for use to prevent the fouling by micro-organisms, plants or animals of:

                                             —

                                             the hulls of boats,

                                             —

                                             cages, floats, nets and any other appliances or equipment used for fish or shellfish farming,

                                             —

                                             any totally or partly submerged appliances or equipment;

                                 2.

                                 Shall not be placed on the market or used as substances and constituents of preparations intended for use in the treatment of industrial waters, irrespective of their use.

                                 3.

                                 Shall not be used in the preservation of wood. Furthermore, wood so treated shall not be placed on the market;

                                 4.

                                 However, by way of derogation:

                                             (a)

                                             Relating to the substances and preparations for the preservation of wood: these may only be used in industrial installations using vacuum or pressure to impregnate wood if they are solutions of inorganic compounds of the copper, chromium, arsenic (CCA) type C and if they are authorised in accordance with Article 5(1) of Directive 98/8/EC. Wood so treated shall not be placed on the market before fixation of the preservative is completed.

                                             (b)

                                             Wood treated with CCA solutions in industrial installations according to point (a) may be placed on the market for professional and industrial use provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely:

                                                         —

                                                         as structural timber in public and agricultural buildings, office buildings, and industrial premises,

                                                         —

                                                         in bridges and bridgework,

                                                         —

                                                         as constructional timber in freshwater areas and brackish waters e.g. jetties and bridges,

                                                         —

                                                         as noise barriers,

                                                         —

                                                         in avalanche control,

                                                         —

                                                         in highway safety fencing and barriers,

                                                         —

                                                         as debarked round conifer livestock fence posts,

                                                         —

                                                         in earth retaining structures,

                                                         —

                                                         as electric power transmission and telecommunications poles,

                                                         —

                                                         as underground railway sleepers.

                                             (c)

                                             Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, all treated wood placed on the market shall be individually labelled “For professional and industrial installation and use only, contains arsenic”. In addition, all wood placed on the market in packs shall also bear a label stating “Wear gloves when handling this wood. Wear a dust mask and eye protection when cutting or otherwise crafting this wood. Waste from this wood shall be treated as hazardous by an authorised undertaking”.

                                             (d)

                                             Treated wood referred to under point (a) shall not be used:

                                                         —

                                                         in residential or domestic constructions, whatever the purpose,

                                                         —

                                                         in any application where there is a risk of repeated skin contact,

                                                         —

                                                         in marine waters,

                                                         —

                                                         for agricultural purposes other than for livestock fence posts and structural uses in accordance with point (b),

                                                         —

                                                         in any application where the treated wood may come into contact with intermediate or finished products intended for human and/or animal consumption.

                                 5.

                                 Wood treated with arsenic compounds that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with the rules of this Directive may remain in place and continue to be used until it reaches the end of its service life.

                                 6.

                                 Wood treated with CCA type C that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with the rules of this Directive:

                                             —

                                             may be used or reused subject to the conditions pertaining to its use listed under point 4(b), (c) and (d),

                                             —

                                             may be placed on the second hand market subject to the conditions pertaining to its use listed under point 4(b), (c) and (d).

                                 7.

                                 Member States may allow wood treated with other types of CCA solutions that was in use in the Community before 30 September 2007:

                                             —

                                             to be used or reused subject to the conditions pertaining to its use listed under point 4 (b), (c) and (d),

                                             —

                                             to be placed on the second hand market subject to the conditions pertaining to its use listed under point 4(b), (c) and (d).’


title: Commission Directive 2013/2/EU of 7 February 2013 amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste  Text with EEA relevance

text:
               8.2.2013

               EN

               Official Journal of the European Union

               L 37/10

         COMMISSION DIRECTIVE 2013/2/EU
   of 7 February 2013
   amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (1), and in particular Article 3(1) thereof,
   Whereas:

               (1)

               Article 3(1) of Directive 94/62/EC defines ‘packaging’ by setting out a number of criteria. The items listed in Annex I to that Directive are illustrative examples of the application of those criteria.

               (2)

               For reasons of legal certainty and harmonisation of the interpretation of the definition of ‘packaging’, it is necessary to review and amend the list of illustrative examples to clarify additional cases where the borderline between what is packaging and what is not, remains unclear. The review follows calls from the Member States and the economic operators to reinforce the implementation of the Directive and create a level playing field in the internal market.

               (3)

               Directive 94/62/EC should therefore be amended accordingly.

               (4)

               The Committee established by Article 21 of Directive 94/62/EC has not delivered an opinion (on the measures provided for in this Directive) and the Commission therefore submitted to the Council a proposal relating to the measures and forwarded it to the European Parliament. The Council did not act within the two-month period provided for by Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2) and the Commission therefore submitted the proposal to the European Parliament without delay. The European Parliament did not oppose the measure within four months from the abovementioned forwarding,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 94/62/EC is replaced by the text set out in the Annex to this Directive.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 2013 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 7 February 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 365, 31.12.1994, p. 10.

      (2)  OJ L 184, 17.7.1999, p. 23.

      ANNEX

            ‘ANNEX I

               ILLUSTRATIVE EXAMPLES FOR THE CRITERIA REFERRED TO IN ARTICLE 3(1)

               Illustrative examples for criterion (i)

               Packaging

                        Sweet boxes

                        Film overwrap around a CD case

                        Mailing pouches for catalogues and magazines (with a magazine inside)

                        Cake doilies sold with a cake

                        Rolls, tubes and cylinders around which flexible material (e.g. plastic film, aluminium, paper) is wound, except rolls, tubes and cylinders intended as parts of production machinery and not used to present a product as a sales unit

                        Flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant throughout its life time

                        Glass bottles for injection solutions

                        CD spindles (sold with CDs, not intended to be used as storage)

                        Clothes hangers (sold with a clothing item)

                        Matchboxes

                        Sterile barrier systems (pouches, trays and materials necessary to preserve the sterility of the product)

                        Beverage system capsules (e.g. coffee, cacao, milk) which are left empty after use

                        Refillable steel cylinders used for various kinds of gas, excluding fire extinguishers

               Non-packaging

                        Flower pots intended to stay with the plant throughout its life time

                        Tool boxes

                        Tea bags

                        Wax layers around cheese

                        Sausage skins

                        Clothes hangers (sold separately)

                        Beverage system coffee capsules, coffee foil pouches, and filter paper coffee pods disposed together with the used coffee product

                        Cartridges for printers

                        CD, DVD and video cases (sold together with a CD, DVD or video inside)

                        CD spindles (sold empty, intended to be used as storage)

                        Soluble bags for detergents

                        Grave side lights (containers for candles)

                        Mechanical quern (integrated in a refillable recipient, e.g. refillable pepper mill)

               Illustrative examples for criterion (ii)

               Packaging, if designed and intended to be filled at the point of sale

                        Paper or plastic carrier bags

                        Disposable plates and cups

                        Cling film

                        Sandwich bags

                        Aluminium foil

                        Plastic foil for cleaned clothes in laundries

               Non-packaging

                        Stirrer

                        Disposable cutlery

                        Wrapping paper (sold separately)

                        Paper baking cases (sold empty)

                        Cake doilies sold without a cake

               Illustrative examples for criterion (iii)

               Packaging

            Labels hung directly on or attached to a product

               Part of packaging

                        Mascara brush which forms part of the container closure

                        Sticky labels attached to another packaging item

                        Staples

                        Plastic sleeves

                        Device for measuring dosage which forms part of the container closure for detergents

                        Mechanical quern (integrated in a non-refillable recipient, filled with a product, e.g. pepper mill filled with pepper)

               Non-packaging

            Radio frequency identification (RFID) tags’


Avis juridique important

|

31975L0339

Council Directive 75/339/EEC of 20 May 1975 obliging the Member States to maintain minimum stocks of fossil fuel at thermal power stations

Official Journal L 153 , 13/06/1975 P. 0035 - 0037 Finnish special edition: Chapter 12 Volume 1 P. 0072  Greek special edition: Chapter 10 Volume 1 P. 0092  Swedish special edition: Chapter 12 Volume 1 P. 0072  Spanish special edition: Chapter 12 Volume 2 P. 0042  Portuguese special edition Chapter 12 Volume 2 P. 0042

COUNCIL DIRECTIVE  of 20 May 1975  obliging the Member States to maintain minimum stocks of fossil fuel at thermal power stations  (75/339/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 103 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 implementation of a Community energy policy is one of the objectives that the Communities have set themselves;  Whereas a regular and adequate supply of electricity is a fundamental condition for the existence and development of modern society, and whereas interruptions in electricity supplies would cause serious disruption to the vital activities of the Community;  Whereas in order to guarantee such supplies, it must be possible to produce electricity as and when the demand arises;  Whereas the fundamental condition for the continuous operation of power stations is the possession of sufficient quantities of primary energy;  Whereas crises of supply may occur unexpectedly in the case of certain types of primary energy and it is therefore essential to take the necessary measures to alleviate the effects of such shortages;  Whereas it is necessary to reinforce security of supplies to power stations by building up and maintaining a minimum level of stocks on their premises;  Whereas the development of security of fuel supplies to power stations may necessitate a review of the minimum level of stocks in several years time,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall take all appropriate measures by way of law, regulation or administrative action to oblige electricity producers to maintain, permanently, a minimum level of stocks of fossil fuel at their thermal power stations, which level shall be sufficient to ensure at all times the continuation of electricity supplies for a period of at least 30 days.  The level of stocks specified in the first paragraph may be reduced by an amount corresponding to 25 % of the stocks of petroleum products built up at power stations pursuant to the rules laid down in Directive No 68/414/EEC (3), Decision No 68/416/EEC (4) and Directive No 72/425/EEC (5), and which are reserved for the exclusive use of such power stations.  (1)OJ No C 85, 18.7.1974, p. 28. (2)OJ No C 125, 16.10.1974, p. 14. (3)OJ No L 308, 23.12.1968, p. 14. (4)OJ No L 308, 23.12.1968, p. 19. (5)OJ No L 291, 28.12.1972, p. 154.    Article 2 1. The obligation to maintain stocks shall apply to power stations including private industrial generators.  2. This obligation shall not apply to power stations fired by manufactured gases, industrial waste and other fuel derived from waste, nor to private industrial generators with a total capacity of less than 100 MWe.  Governments of Member States may, depending on their domestic situation, fix a threshold lower than that referred to above.  3. When the obligation to maintain stocks is such to create difficulties of a particularly serious nature for any power station, the competent authority in the Member State concerned may exempt it in full or in part from this obligation. The Member State shall inform the Commission of its decision immediately, stating the reasons for it.  4. Stocks shall be held on the premises of the power station or at a place directly linked thereto. Stocks may be held at a place further removed, provided that they can be conveyed to the power station at all times.  In the case of power stations fired by natural gas, lignite or peat, the deposit which supplies the station may be considered as station stock, provided there is a guarantee that sufficient quantities can be delivered to ensure the continuation of electricity supplies for the period laid down in Article 1, even in the event of difficulties in maintaining fuel supplies to thermal power stations. This shall also apply to power stations fired by coal, provided they are located near the mines which supply them.  5. The quantities of fuel to be held at each thermal power station shall be determined by the electricity producers in the light of the possibilities offered by the transmission and interconnection network.  Electricity producers may form themselves into groups in order to apportion fuel stocks among their power stations, provided they can guarantee the continuation of electricity supplies for the period laid down in Article 1.   Article 3 1. Each electricity producer shall furnish the competent authority in the Member State concerned with a statement, drawn up on 1 January, 1 April, 1 July and 1 October each year at least, of the stocks held at its thermal power stations specifying the quantities necessary to ensure the continuation of electricity supplies for the period laid down in Article 1. These statements shall be forwarded within 30 days of each of the abovementioned dates. Member States shall take the necessary steps to check the accuracy of these statements.  2. Member States shall submit to the Commission the statement of the stocks held on 1 April and 1 October of each year at these power stations, specifying the quantities necessary to ensure the continuation of electricity supplies for the period laid down in Article 1. These statements must be forwarded not later than 1 June and 1 December of each year.  3. At the request of the Commission, the statements referred to in paragraph 2 shall be made for periods and on dates other than those laid down in that paragraph.   Article 4 If Community thermal power stations experience fuel supply difficulties, electricity producers may, after authorization by the competent authority of the Member State concerned, draw on the minimum stocks built up pursuant to the rules laid down in Article 1.  Member States shall inform the Commission of all drawings on stocks and shall make known, as soon as possible:    - the quantities drawn from the stocks and the date on which the stocks fall below the mandatory minimum;       - the urgent reasons justifying such drawings;       - any measures taken to build up these stocks again;       - if possible, probable changes in stock levels during the period in which they remain below the mandatory minimum.          Article 5 Stocks conforming to the provisions of this Directive shall be built up as soon as possible after the date of notification of this Directive and at the latest by 1 January 1978. Member States shall inform the Commission of the measures taken to this end.   Article 6 Any information forwarded pursuant to this Directive shall be confidential. This provision shall not hinder the publication of general information or summaries  which do not include specific details concerning undertakings.   Article 7 This Directive is addressed to the Member States.     Done at Brussels, 20 May 1975.  For the Council  The President  R. RYAN


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31978L0612

Council Directive 78/612/EEC of 29 June 1978 amending for the first time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs

Official Journal L 197 , 22/07/1978 P. 0022 - 0025 Finnish special edition: Chapter 13 Volume 8 P. 0153  Greek special edition: Chapter 03 Volume 22 P. 0034  Swedish special edition: Chapter 13 Volume 8 P. 0153  Spanish special edition: Chapter 13 Volume 8 P. 0203  Portuguese special edition Chapter 13 Volume 8 P. 0203

COUNCIL DIRECTIVE  of 29 June 1978  amending for the first time Directive 74/329/EEC on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs  (78/612/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 Annex I to Directive 74/329/EEC (3) lays down a single list of emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs which may be authorized in the Member States;  Whereas it appears that the presentation of certain provisions of Annex I to Directive 74/329/EEC may give rise to conflicting interpretations and that these provisions should therefore be worded more clearly;  Whereas having regard to the most recent scientific information on the safety of the mixed acetic and tartaric esters of mono- and diglycerides of fatty acids, their use may be authorized by including them under E 472 (f);  Whereas the reference to polyphosphates (E 450) in the aforementioned Annex I must be worded more precisely to take account of commercial practice;  Whereas the criteria of purity for carrageenan (E 407) are also applicable to furcelleran (E 408) ; whereas therefore E 408 is not now necessary;  Whereas tamarind seed flour (E 411) and stearoyl-2-lactylic acid (E 480) are no longer commercially available for use in foodstuffs;  Whereas ethylcellulose (E 462) has no technical function as an emulsifier, stabilizer, thickener or gelling agent;  Whereas the addition of sugars as defined in Directive 73/437/EEC (4) is necessary, especially in the case of carrageenan (E 407), pectin (E 440 (a)) and amidated pectin (E 440 (b)), in order to ensure that users are supplied with a product having a constant gelling power;  Whereas it is appropriate to use for these products, as the case may be, the designations "carrageenan", "pectin" or "amidated pectin" ; whereas, however, the user of these products should be informed of the presence of the added sugars, though it is impractical to require a statement of the quantity of sugar utilized, which may vary according to the natural gelling properties of the substances concerned,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The following shall be added to Article 2 of Directive 74/329/EEC:  "3. However, as regards the substance referred to in Annex I under E 440 (b), the Council, acting in accordance with the procedure provided for in Article 100 of the Treaty, may decide, before 31 December 1982 and after an enquiry by the Commission, to delete it from that Annex or otherwise to change its status.".   Article 2 Article 6 of Directive 74/329/EEC shall be amended as follows:    1. The third indent of paragraph 1 (a) shall be replaced by the following:  "- they shall not contain more than 50 mg/kg of copper and zinc taken together of which the  (1)OJ No C 266, 7.11.1977, p. 45. (2)OJ No C 59, 8.3.1978, p. 41. (3)OJ No L 189, 12.7.1974, p. 1. (4)OJ No L 356, 27.12.1973, p. 71.   zinc content must in no case exceed 25 mg/kg, subject to any exception deriving from the specific criteria of purity referred to in (b);".       2. Paragraph 1 (b) shall be replaced by the following:  "(b) the specific criteria of purity determined in accordance with Article 7 (1).".       3. The following paragraph shall be added:  "3. Member States shall also provide that the substances listed in Annex I under E 407 and E 440 may, for the purposes of standardization, contain one or more sugars as defined in Directive 73/437/EEC.".          Article 3 Article 8 of Directive 74/329/EEC shall be amended as follows:    1. Paragraph 1 (b) shall be replaced by the following:  "(b) the number and designation of the substance as given in Annex I, qualified in the case of substances to which sugars have been added for standardization in accordance with Article 6 (3) by adding to the designation the statement "standardized with sugar(s)";".       2. In paragraph 1, the following subparagraph shall be inserted:  "(d) appropriate words for the substance referred to in Annex I under E 420 (ii), where it contains after hydrosysis a level of total sugars of more than 1 %;".       3. In paragraph 1, subparagraph (d) shall be replaced by the following:  "(e) in the case of substances listed in Annex I, whether or not standardized with sugars in accordance with Article 6 (3), when mixed with each other, with other additives and where relevant with substances in which such other additives can be dissolved or diluted:      - the number or the designation of the substance as given in Annex I, qualified as necessary in accordance with paragraph 1 (b);           - the designation of each other additive and where relevant the substances in which such additives can be dissolved or diluted;           - the percentage of each component where this requirement is laid down in provisions relating to other categories of additives.".                  4. The following sentence shall be added to the first subparagraph of paragraph 2:  "In the case of substances to which sugars have been added in accordance with Article 6 (3), this percentage incorporates the sugar used for standardization.".          Article 4 The following shall be added to Article 9:  "(e) products containing pectin and derived from dried apple pomace or dried peel of citrus fruits, or from a mixture of both, by the action of dilute acid followed by partial neutralization with sodium or potassium salts.".   Article 5 Annex I to Directive 74/329/EEC shall be replaced by the Annex to this Directive.   Article 6 Member States shall, within one year of the notification of this Directive, amend their laws in accordance with the preceding provisions and shall forthwith inform the Commission thereof. The laws thus amended shall be implemented two years after notification of this Directive.   Article 7 This Directive is addressed to the Member States.     Done at Luxembourg, 29 June 1978.  For the Council  The President  S. AUKEN      ANNEX  "ANNEX I  Emulsifiers, stabilizers, thickeners and gelling agents which may be used in foodstuffs  >PIC FILE= "T0013213">    >PIC FILE= "T0013214">