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32002L0100

Commission Directive 2002/100/EC of 20 December 2002 amending Council Directive 90/642/EEC in respect of maximum residue levels for azoxystrobin (Text with EEA relevance)

Official Journal L 002 , 07/01/2003 P. 0033 - 0038

Commission Directive 2002/100/ECof 20 December 2002amending Council Directive 90/642/EEC in respect of maximum residue levels for azoxystrobin(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/642/EEC of 27 November 1990 on fixing of maximum levels for pesticide residues in and on certain products of plant origin including fruit and vegetables(1), as last amended by Directive 2002/79/EC(2), and in particular Article 7 thereof,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(3), as last amended by Directive 2002/81/EC(4), and in particular Article 4(1)(f) thereof,Whereas:(1) The new active substance azoxystrobin was included in Annex I to Directive 91/414/EEC by Commission Directives 98/47/EC(5) for use as a fungicide only, without specifying particular conditions having an impact on crops which may be treated with plant protection products containing this active ingredient.(2) Maximum residue levels (MRLs) for azoxystrobin in and on all commodities covered by Directive 90/642/EEC are established in those Directives as amended in particular by Commission Directives 1999/71/EC(6), 2000/48/EC(7), 2001/48/EC(8) and 2002/23/EC(9).(3) The MRLs established in that Directive reflect authorised uses of azoxystrobin on certain crops. On crops where no uses are authorised the MRLs were set at the lower limit of analytical determination (LOD). In general, use of azoxystrobin would result in residues in excess of the LOD. Thus when a new use of it is proposed, Member States are required to establish a new national provisional MRL in accordance with Article 4(1)(f) of Directive 91/414/EEC before such a new use of a plant protection product containing this active substance may be authorised. Information relating to additional uses has accordingly been submitted by certain Member States. The information available has been reviewed and is sufficient to modify provisional maximum residue levels at Community level in respect of the crops on which Member States now propose to authorise the use of plant protection products containing azoxystrobin.(4) With respect to the inclusion in Annex I to Directive 91/414/EEC of azoxystrobin, the technical and scientific evaluations were finalised in the form of a Commission review report on 22 April 1998. This fixed the acceptable daily intake (ADI) for the substance at 0,1 mg/kg bw/day. The lifetime exposure of consumers of food products treated with azoxystrobin was assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation(10) and the opinion of the Scientific Committee for Plants(11) on the methodology employed and it is calculated that the new MRLs now proposed will not lead to the ADI being exceeded.(5) The Community notified the draft Commission Directive to the World Trade Organisation and the comments received have been considered in finalising the Directive.(6) Account has been taken of the opinions of the Scientific Committee for Plants, in particular of its advice and recommendations concerning the protection of consumers of food products treated with pesticides.(7) Directive 90/642/EEC should therefore be amended accordingly.(8) This Directive is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1The maximum pesticide residue levels for azoxystrobin in Annex II to Directive 90/642/EEC shall be replaced by the maximum pesticide residue levels in the Annex to this Directive.Article 21. This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.2. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 2003 at the latest. They shall forthwith inform the Commission thereof.3. They shall apply these provisions as of 1 April 2003.4. 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 3This Directive is addressed to the Member States.Done at Brussels, 20 December 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 350, 14.12.1990, p. 71.(2) OJ L 291, 28.10.2002, p. 1.(3) OJ L 230, 19.8.1991, p. 1.(4) OJ L 276, 12.10.2002, p. 28.(5) OJ L 191, 7.7.1998, p. 50.(6) OJ L 194, 27.7.1999, p. 36.(7) OJ L 197, 3.8.2000, p. 26.(8) OJ L 180, 3.7.2001, p. 26.(9) OJ L 64, 7.3.2002, p. 13.(10) Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).(11) Opinion of the Scientific Committee on Plants regarding questions relating to amending the Annexes to Council Directives 86/362/EEC (OJ L 221, 7.8.1986, p. 7), 86/363/EEC (OJ L 221, 7.8.1986, p. 43) and 90/642/EEC (Opinion expressed by the Scientific Committee on Plants, 14 July 1998) (http://europa.eu.int/comm/ dg24/health/sc/scp/ out21_en.html).ANNEX>TABLE>


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31990L0270

Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Official Journal L 156 , 21/06/1990 P. 0014 - 0018 Finnish special edition: Chapter 5 Volume 4 P. 0203  Swedish special edition: Chapter 5 Volume 4 P. 0203

COUNCIL DIRECTIVE of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16 (1) of Directive 87/391/EEC) (90/270/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,  Having regard to the Commission proposal (1) drawn up after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work,  In cooperation with the European Parliament (2) Having regard to the opinion of the Economic and Social Committee (3),  Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of Directives, minimum requirements designed to encourage improvements, especially in the working environment, to ensure a better level of protection of workers' safety  and health;  Whereas, under the terms of that Article, those Directives shall avoid imposing administrative, financial and legal constraints, in a way which would hold back the creation and development of small and medium-sized undertakings;  Whereas the communication from the Commission on its programme concerning safety, hygiene and health at work (4) provides for the adoption of measures in respect of new technologies; whereas the Council has taken note thereof in its resolution of 21  December 1987 on safety, hygiene and health at work (5);  Whereas compliance with the minimum requirements for ensuring a better level of safety at workstations with display screens is essential for ensuring the safety and health of workers;  Whereas this Directive is an individual Directive within the meaning of Article 16 (1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to  encourage improvements in the safety and health of workers at work (6); whereas the provisions of the latter are therefore fully applicable to the use by workers of display screen equipment, without prejudice to more stringent and/or specific provisions  contained in the present Directive;  Whereas employers are obliged to keep themselves informed of the latest advances in technology and scientific findings concerning workstation design so that they can make any changes necessary so as to be able to guarantee a better level of protection  of workers' safety and health;  Whereas the ergonomic aspects are of particular importance for a workstation with display screen equipment;  Whereas this Directive is a practical contribution towards creating the social dimension of the internal market;  Whereas, pursuant to Decision 74/325/EEC (7), the Advisory Committee on Safety, Hygiene and Health Protection at Work shall be consulted by the Commission on the drawing-up of proposals in this field,  HAS ADOPTED THIS DIRECTIVE:   SECTION I GENERAL PROVISIONS Article 1 Subject 1.  This Directive, which is the fifth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum safety and health requirements for work with display screen equipment as defined in Article 2.  2.  The provisions of Directive 89/391/EEC are fully applicable to the whole field referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in the present Directive.   3.  This Directive shall not apply to:  (a)  drivers' cabs or control cabs for vehicles or machinery;  (b) computer systems on board a means of transport;  (c) computer systems mainly intended for public use;  (d) 'portable' systems not in prolonged use at a workstation;  (e) calculators, cash registers and any equipment having a small data or measurement display required for direct use of the equipment;  (f) typewriters of traditional design, of the type known as 'typewriter with window'.  Article 2 Definitions For the purpose of this Directive, the following terms shall have the following meanings:  (a)  display screen equipment: an alphanumeric or graphic display screen, regardless of the display process employed;  (b) workstation: an assembly comprising display screen equipment, which may be provided with a keyboard or input device and/or software determining the operator/machine interface, optional accessories, peripherals including the diskette drive, telephone,  modem, printer, document holder, work chair and work desk or work surface, and the immediate work environment;  (c) worker: any worker as defined in Article 3 (a) of Directive 89/391/EEC who habitually uses display screen equipment as a significant part of his normal work.   SECTION II EMPLOYERS' OBLIGATIONS Article 3 Analysis of workstations 1.  Employers shall be obliged to perform an analysis of workstations in order to evaluate the safety and health conditions to which they give rise for their workers, particularly as regards possible risks to eyesight, physical problems and problems of  mental stress.  2.  Emyployers shall take appropriate measures to remedy the risks found, on the basis of the evaluation referred to in paragraph 1, taking account of the additional and/or combined effects of the risks so found.  Article 4 Workstations put into service for the first time Employers must take the appropriate steps to ensure that workstations first put into service after 31 December 1992 meet the minimum requirements laid down in the Annex.  Article 5 Workstations already put into service Employers must take the appropriate steps to ensure that workstations already put into service on or before 31 December 1992 are adapted to comply with the minimum requirements laid down in the Annex not later than four years after that date.  Article 6 Information for, and training of, workers 1.  Without prejudice to Article 10 of Directive 89/391/EEC, workers shall receive information on all aspects of safety and health relating to their workstation, in particular information on such measures applicable to workstations as are implemented  under Articles 3, 7 and 9.  In all cases, workers or their representatives shall be informed of any health and safety measure taken in compliance with this Directive.  2.  Without prejudice to Article 12 of Directive 89/391/EEC, every worker shall also receive training in use of the workstation before commencing this type of work and whenever the organization of the workstation is substantially modified.  Article 7 Daily work routine The employer must plan the worker's activities in such a way that daily work on a display screen is periodically interrupted by breaks or changes of activity reducing the workload at the display screen.  Article 8 Worker consultation and participation Consultation and participation of workers and/or their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive, including its Annex.  Article 9 Protection of workers' eyes and eyesight 1.  Workers shall be entitled to an appropriate eye and eyesight test carried out by a person with the necessary capabilities:  - before commencing display screen work,  - at regular intervals thereafter, and - if they experience visual difficulties which may be due to display screen work.  2.  Workers shall be entitled to an ophthalmological examination if the results of the test referred to in paragraph 1 show that this is necessary.  3.  If the results of the test referred to in paragraph 1 or of the examination referred to in paragraph 2 show that it is necessary and if normal corrective appliances cannot be used, workers must be provided with special corrective appliances  appropriate for the work concerned.  4.  Measures taken pursuant to this Article may in no circumstances involve workes in additional financial cost.  5.  Protection of workers' eyes and eyesight may be provided as part of a national health system.   SECTION III MISCELLANEOUS PROVISIONS Article 10 Adaptations to the Annex The strictly technical adaptations to the Annex to take account of technical progress, developments in international regulations and specifications and knowledge in the field of display screen equipment shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.  Article 11 Final provisions 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1992.  They shall forthwith inform the Commission thereof.  2.  Member States shall communicate to the Commission the texts of the provisions of national law which they adopt, or have already adopted, in the field covered by this Directive.  3.  Member States shall report to the Commission every four years on the practical implementation of the provisions of this Directive, indicating the points of view of employers and workers.  The Commission shall inform the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work.  4.  The Commission shall submit a report on the implementation of this Directive at regular intervals to the European Parliament, the Council and the Economic and Social Committee, taking into account paragraphs 1, 2 and 3.  Article 12 This Directive is addressed to the Member States.   Done at Brussels, 29 May 1990.  For the Council The President B. AHERN  (1) OJ No C 113, 29. 4. 1988, p. 7 and OJ No C 130, 26. 5. 1989,  p. 5. (2) OJ No C 12, 16. 1. 1989, p. 92 and OJ No C 113, 7. 5. 1990. (3) OJ No C 318, 12. 12. 1988, p. 32. (4) OJ No C 28, 3. 2. 1988, p. 3. (5) OJ No C 28, 3. 2. 1988, p. 1.(6) OJ No L 183, 29. 6. 1989, p. 1. (7) OJ No L 185, 9. 7. 1974, p. 15.   Annex   MINIMUM REQUIREMENTS (Articles 4 and 5)  Preliminary remark The obligations laid down in this Annex shall apply in order to achieve the objectives of this Directive and to the extent that, firstly, the components concerned are present at the workstation, and secondly, the inherent requirements or characteristics  of the task do not preclude it.  1.  EQUIPMENT (a)  General comment The use as such of the equipment must not be a source of risk for workers.  (b)  Display screen The characters on the screen shall be well-defined and clearly formed, of adequate size and with adequate spacing between the characters and lines.  The image on the screen should be stable, with no flickering or other forms of instability.  The brightness and/or the contrast between the characters and the background shall be easily adjustable by the operator, and also be easily adjustable to ambient conditions.  The screen must swivel and tilt easily and freely to suit the needs of the operator.  It shall be possible to use a separate base for the screen or an adjustable table.  The screen shall be free of reflective glare and reflections liable to cause discomfort to the user.  (c) Keyboard The keyboard shall be tiltable and separate from the screen so as to allow the worker to find a comfortable working position avoiding fatigue in the arms or hands.  The space in front of the keyboard shall be sufficient to provide support for the hands and arms of the operator.  The keyboard shall have a matt surface to avoid reflective glare.  The arrangement of the keyboard and the characteristics of the keys shall be such as to facilitate the use of the keyboard.  The symbols on the keys shall be adequately contrasted and legible from the design working position.  (d)  Work desk or work surface The work desk or work surface shall have a sufficiently large, low-reflectance surface and allow a flexible arrangement of the screen, keyboard, documents and related equipment.  The document holder shall be stable and adjustable and shall be positioned so as to minimize the need for uncomfortable head and eye movements.  There shall be adequate space for workers to find a comfortable position.  (e) Work chair The work chair shall be stable and allow the operator easy freedom of movement and a comfortable position.  The seat shall be adjustable in height.  The seat back shall be adjustable in both height and tilt.  A footrest shall be made available to any one who wishes for one.  2.  ENVIRONMENT (a)  Space requirements The workstation shall be dimensioned and designed so as to provide sufficient space for the user to change position and vary movements.  (b)  Lighting Room lighting and/or spot lighting (work lamps) shall ensure satisfactory lighting conditions and an appropriate contrast between the screen and the background environment, taking into account the type of work and the user's vision requirements.  Possible disturbing glare and reflections on the screen or other equipment shall be prevented by coordinating workplace and workstation layout with the positioning and technical characteristics of the artificial light sources.  (c)  Reflections and glare Workstations shall be so designed that sources of light, such as windows and other openings, transparent or translucid walls, and brightly coloured fixtures or walls cause no direct glare and, as far as possible, no reflections on the screen.  Windows shall be fitted with a suitable system of adjustable covering to attenuate the daylight that falls on the workstation.  (d) Noise Noise emitted by equipment belonging to workstation(s) shall be taken into account when a workstation is being equipped, in particular so as not to distract attention or disturb speech.  (e) Heat Equipment belonging to workstation(s) shall not produce excess heat which could cause discomfort to workers.  (f) Radiation All radiation with the exception of the visible part of the electromagnetic spectrum shall be reduced to negligible levels from the point of view of the protection of workers' safety and health.  (g) Humidity An adequate level of humidity shall be established and maintained.  3.  OPERATOR/COMPUTER INTERFACE In designing, selecting, commissioning and modifying software, and in designing tasks using display screen equipment, the employer shall take into account the following principles:  (a)  software must be suitable for the task;  (b) software must be easy to use and, where appropriate, adaptable to the operator's level of knowledge or experience; no quantitative or qualitative checking facility may be used without the knowledge of the workers;  (c) systems must provide feedback to workers on their performance;  (d) systems must display information in a format and at a pace which are adapted to operators;  (e) the principles of software ergonomics must be applied, in particular to human data processing.


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31994L0030

Council Directive 94/30/EC of 23 June 1994 amending Annex II to Directive 90/642/EEC relating to the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables and providing for the establishment of a list of maximum levels

Official Journal L 189 , 23/07/1994 P. 0070 - 0083 Finnish special edition: Chapter 3 Volume 59 P. 0128  Swedish special edition: Chapter 3 Volume 59 P. 0128

COUNCIL DIRECTIVE 94/30/EC of 23 June 1994 amending Annex II to Directive 90/642/EEC relating to the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables and providing for the  establishment of a list of maximum levelsTHE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 90/642/EEC of 27 November 1990 relating to the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (1), and in particular Article 1 thereof,  Having regard to the proposal from the Commission,  Whereas the Commission has received a mandate in the framework of Directive 90/642/EEC to prepare the list of pesticide residues and their maximum levels for approval by Council;  Whereas pesticide residues may arise in products of plant origin, including fruit and vegetables as a result of agricultural practices; whereas, to establish maximum levels for the former, it is necessary to take into account relevant data for both  authorized pesticide uses and supervised trials; whereas, however, available data is frequently insufficient by current standards to estabish maximum levels;  Whereas, in order better to estimate dietary intake of pesticide residues, it is prudent to establish simultaneously, where possible, maximum residue levels for individual pesticides in all major components of the diet; whereas these levels represent  the use of minimum quantities of pesticide to achieve adequate control, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable;  Whereas, it is now appropriate that maximum levels be fixed for certain pesticides, namely, daminozide, lambda-cyhalothrin, propiconazole, carbofuran, carbosulfan, benfuracarb, furathiocarb, cyfluthrin, metalaxyl, benalaxyl, fenarimol and ethephon in  products of plant origin; whereas, however, it is not possible to establish maximum pesticide residue levels for all pesticide residue product combinations due to insufficient data;  Whereas, in cases of insufficient data availability a period of time should be allowed for the generation of the necessary data; whereas a period not exceeding four years would seem reasonable for this purpose; whereas, therefore, maximum levels should  be established on the basis of such data by 30 June 1999 at the latest; whereas failure to provide satisfactory data normally results in the estabishment of levels at the appropriate limit of determination;  Whereas the maximum residue levels established in this Directive will have to be reviewed in the framework of the re-evaluation of active substances provided for in the work programme established in Article 8 (2) of Council Directive 91/414/EEC of 15  July 1991 concerning the placing of plant protection products on the market (2),  HAS ADOPTED THIS DIRECTIVE:   Article 1  The following pesticide residues shall be added to Annex II to Directive 90/642/EEC:   ID="1"> "" ID="1">1. Fruit, fresh, dried or uncooked preserved by freezing not containing added sugar; nuts"> ID="1">(i) CITRUS FRUIT> ID="2">0,02 (4)()> ID="3">(5)()> ID="4">0,05 (4)()"> ID="1">grapefruit"> ID="1">lemons"> ID="1">limes">  ID="1">mandarins (including clementines and similar hybrids)"> ID="1">oranges"> ID="1">pommelo"> ID="1">others"> ID="1">(ii) TREE NUTS (shelled or unshelled)> ID="2">0,05 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()"> ID="1">almonds"> ID="1">brazil  nuts"> ID="1">cashew nuts"> ID="1">chestnuts"> ID="1">coconuts"> ID="1">hazelnuts"> ID="1">macadamia"> ID="1">pecans"> ID="1">pine nuts"> ID="1">pistachios"> ID="1">walnuts"> ID="1">others"> ID="1">(iii) POME FRUIT> ID="3">0,1> ID="4">0,05  (4)()"> ID="1">apples> ID="2">0,02 (4)() (×)"> ID="1">pears"> ID="1">quinces"> ID="1">others> ID="2">0,02 (4)()"> ID="1">(iv) STONE FRUIT> ID="2">0,02 (4)()"> ID="1">apricots> ID="3">0,2> ID="4">0,2"> ID="1">cherries> ID="4">(6)()">  ID="1">peaches (including nectarines and similar hybrids)> ID="3">0,2> ID="4">0,2"> ID="1">plums> ID="4">(6)()"> ID="1">others> ID="3">0,1> ID="4">0,05 (4)()"> ID="1">(v) BERRIES AND SMALL FRUITS> ID="2">0,02 (4)()"> ID="1">(a) table and wine  grapes> ID="3">0,2> ID="4">0,5"> ID="1">table grapes"> ID="1">wine grapes"> ID="1">(b) strawberries (other than wild)> ID="3">(5)()> ID="4">0,05 (4)()"> ID="1">(c) cane fruit (other than wild):> ID="3">0,02> ID="4">0,05 (4)()">  ID="1">blackberries"> ID="1">dewberries"> ID="1">loganberries"> ID="1">raspberries"> ID="1">others"> ID="1">(d) other small fruit and berries (other than wild)> ID="4">0,05"> ID="1">bilberries (fruits of species vaccinium myrtyllus)">  ID="1">cranberries"> ID="1">currants (red, black and white)> ID="3">0,1"> ID="1">gooseberries> ID="3">0,1"> ID="1">others> ID="3">0,02 (4)()"> ID="1">(e) wild berries and wild fruit> ID="3">0,02 (4)()> ID="4">0,05 (4)()"> ID="1">(vi) MISCELLANEOUS>  ID="2">0,02 (4)()> ID="3">0,02 (4)()"> ID="1">avocados"> ID="1">bananas"> ID="1">dates"> ID="1">figs"> ID="1">kiwi"> ID="1">kumquats"> ID="1">litchis"> ID="1">mangoes"> ID="1">olives"> ID="1">passion fruit"> ID="1">pineapples">  ID="1">pomegranate"> ID="1">others> ID="4">0,05 (4)()"> ID="1">2. Vegetables, fresh or uncooked, frozen or dry"> ID="1">(i) ROOT AND TUBER VEGETABLES> ID="2">0,02 (4)()> ID="3">0,02 (4)()> ID="4">0,05 (4)()"> ID="1">Beetroot"> ID="1">carrots">  ID="1">celeriac"> ID="1">horseradish"> ID="1">jerusalem artichokes"> ID="1">parsnip"> ID="1">parsley root"> ID="1">radishes"> ID="1">salsify"> ID="1">sweet potatoes"> ID="1">swedes"> ID="1">turnips"> ID="1">yam"> ID="1">others"> ID="1">(ii)  BULB VEGETABLES> ID="2">0,02 (4)()> ID="4">0,05 (4)()"> ID="1">garlic"> ID="1">onions"> ID="1">shallots"> ID="1">spring onions> ID="3">(5)()"> ID="1">others> ID="3">0,02 (4)()"> ID="1">(iii) FRUITING> ID="2">0,02 (4)()"> ID="1">(a) Solanacea>  ID="3">(5)()"> ID="1">tomatoes"> ID="1">peppers"> ID="1">aubergines> ID="4">(6)()"> ID="1">others> ID="4">0,05 (4)()"> ID="1">(b) cucurbits - edible peel> ID="3">0,1> ID="4">(6)()"> ID="1">cucumbers"> ID="1">gherkins"> ID="1">courgettes">  ID="1">others"> ID="1">(c) cucurbits - inedible peel> ID="3">(5)()> ID="4">(6)()"> ID="1">melons"> ID="1">squashes"> ID="1">watermelons"> ID="1">others"> ID="1">(d) sweet corn> ID="3">0,02 (4)()> ID="4">0,05 (4)()"> ID="1">(iv) BRASSICA  VEGETABLES> ID="2">0,02 (4)()> ID="4">0,05 (4)()"> ID="1">(a) flowering brassicas> ID="3">(5)()"> ID="1">broccoli"> ID="1">cauliflower"> ID="1">others"> ID="1">(b) head brassicas"> ID="1">brussels sprouts> ID="3">0,05 "> ID="1">head cabbage>  ID="3">0,2"> ID="1">others> ID="3">0,02 (4)()"> ID="1">(c) leafy brassicas> ID="3">(5)()"> ID="1">chinese cabbage"> ID="1">kale"> ID="1">others"> ID="1">(d) kohlrabi> ID="3">(5)()"> ID="1">(v) LEAF VEGETABLES AND FRESH HERBS> ID="2">0,02 (4)()>  ID="4">0,05 (4)()"> ID="1">(a) lettuce and similar> ID="3">1"> ID="1">cress"> ID="1">lamb's lettuce"> ID="1">lettuce"> ID="1">scarole"> ID="1">others"> ID="1">(b) spinach and similar> ID="3">(5)()"> ID="1">beet leaves (chard)"> ID="1">(c)  watercress> ID="3">0,02 (4)()"> ID="1">(d) witloof> ID="3">(5)()"> ID="1">(e) herbs> ID="3">1"> ID="1">chervil"> ID="1">chives"> ID="1">parsley"> ID="1">celery leaves"> ID="1">others"> ID="1">(vi) LEGUME VEGETABLES (fresh)> ID="2">0,02 (4)()>  ID="4">0,05 (4)()"> ID="1">beans (with pods)> ID="3">0,2"> ID="1">beans (without pods)"> ID="1">peas (with pods)> ID="3">0,2"> ID="1">peas (without pods)> ID="3">0,2"> ID="1">others> ID="3">0,02 (4)()"> ID="1">(vii) STEM VEGETABLES> ID="2">0,02  (4)()"> ID="1">asparagus> ID="3">0,02 (4)()"> ID="1">cardoons> ID="4">(6)()"> ID="1">celery"> ID="1">fennel> ID="4">(6)()"> ID="1">globe artichokes"> ID="1">leek"> ID="1">rhubarb"> ID="1">others> ID="3">(5)()> ID="4">0,05 (4)()"> ID="1">(viii)  FUNGI> ID="2">0,02 (4)()> ID="4">0,05 (4)()"> ID="1">cultivated mushrooms> ID="3">(5)()"> ID="1">wild mushrooms> ID="3">0,02 (4)()"> ID="1">3. Pulses> ID="2">0,02 (4)()> ID="3">0,02 (4)()> ID="4">0,05 (4)()"> ID="1">beans"> ID="1">lentils">  ID="1">peas"> ID="1">others"> ID="1">4. Oil seeds> ID="2">0,05 (4)()> ID="3">0,02"> ID="1">linseed> ID="4">(6)()"> ID="1">peanuts"> ID="1">poppy seed"> ID="1">sesame seed"> ID="1">sunflower seed (with shell)"> ID="1">rape seed"> ID="1">soya  bean"> ID="1">mustard"> ID="1">cotton seed"> ID="1">others> ID="4">0,05 (4)()"> ID="1">5. Potatoes> ID="2">0,02 (4)()> ID="3">0,02 (4)()> ID="4">0,05 (4)()"> ID="1">early and ware"> ID="1">potatoes"> ID="1">6. Tea (black tea processed from the  leaves of camellia sinensis)> ID="2">0,1 (4)()> ID="3">1> ID="4">0,1 (4)()"> ID="1">7. Hops (dried), including hop pellets and unconcentrated powder> ID="2">0,1 (4)()> ID="3">10> ID="4">0,1 (4)()"> "" ID="1">1. Fruit, fresh, dried or uncooked, preserved by freezing not containing added sugar; nuts"> ID="1">(i) CITRUS FRUIT> ID="2">(7)()> ID="3">(6)()> ID="4">(6)()> ID="5">0,05 (4)()"> ID="1">grapefruit"> ID="1">lemons"> ID="1">limes">  ID="1">mandarins (including clementines and similar hybrids)"> ID="1">oranges"> ID="1">pommelo"> ID="1">others"> ID="1">(ii) TREE NUTS (shelled or unshelled)> ID="3">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">almonds"> ID="1">brazil nuts">  ID="1">cashew nuts"> ID="1">chestnuts"> ID="1">coconuts"> ID="1">hazelnuts> ID="2">(7)()> ID="4">(6)()"> ID="1">macadamia"> ID="1">pecans"> ID="1">pine nuts"> ID="1">pistachios"> ID="1">walnuts"> ID="1">others> ID="2">0,1 (4)()> ID="4">0,05  (4)()"> ID="1">(iii) POME FRUIT> ID="2">(7)()> ID="3">(6)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">apples"> ID="1">pears"> ID="1">quinces"> ID="1">others"> ID="1">(iv) STONE FRUIT> ID="2">(7)()> ID="3">(6)()> ID="4">0,05 (4)()> ID="5">0,05  (4)()"> ID="1">apricots"> ID="1">cherries"> ID="1">peaches (including nectarines and similar hybrids)"> ID="1">plums"> ID="1">others"> ID="1">(v) BERRIES AND SMALL FRUIT> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">(a) Table  and wine grapes> ID="2">0,01 (4)()"> ID="1">table grapes"> ID="1">wine grapes"> ID="1">(b) strawberries (other than wild)> ID="2">(7)()"> ID="1">(c) cane fruit (other than wild)> ID="2">0,1 (4)()"> ID="1">blackberries"> ID="1">dewberries">  ID="1">loganberries"> ID="1">raspberries"> ID="1">others"> ID="1">(d) other small fruit and berries (other than wild)> ID="2">0,1 (4)()"> ID="1">bilberries (fruit of species"> ID="1">vaccinium myrtyllus)"> ID="1">cranberries"> ID="1">currants  (red, black and white)"> ID="1">gooseberries (cynorrhodon)"> ID="1">others"> ID="1">(e) wild berries and wild fruit> ID="2">0,1 (4)()"> ID="1">(vi) MISCELLANEOUS> ID="2">0,1 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()">  ID="1">avocados"> ID="1">bananas"> ID="1">dates"> ID="1">figs"> ID="1">kiwi"> ID="1">kumquats"> ID="1">litchis"> ID="1">mangoes"> ID="1">olives (table consumption)"> ID="1">olives (oil extraction)"> ID="1">passion fruit"> ID="1">pineapples">  ID="1">pomegranate"> ID="1">others"> ID="1">2. Vegetables, fresh or uncooked, frozen or dry"> ID="1">(i) ROOT AND TUBER VEGETABLES> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">beetroot"> ID="1">carrots> ID="2">0,3> ID="3">0,1"> ID="1">celeriac>  ID="2">(7)()"> ID="1">horseradish"> ID="1">jerusalem artichokes"> ID="1">parsnip> ID="2">0,3> ID="3">0,1"> ID="1">parsley root"> ID="1">radishes> ID="2">0,5"> ID="1">salsify"> ID="1">sweet potatoes"> ID="1">swedes> ID="2">(7)()> ID="3">(6)()">  ID="1">turnips> ID="2">(7)()> ID="3">(6)()"> ID="1">yam"> ID="1">others> ID="2">0,1 (4)()> ID="3">0,05 (4)()"> ID="1">(ii) BULB VEGETABLES> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">garlic> ID="2">0,3"> ID="1">onions> ID="2">0,3>  ID="3">(6)()"> ID="1">shallots> ID="2">0,3"> ID="1">spring onions"> ID="1">others> ID="2">0,1 (4)()> ID="3">0,05 (4)()"> ID="1">(iii) FRUITING"> ID="1">(a) Solanacea> ID="2">0,1 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()">  ID="1">tomatoes"> ID="1">peppers"> ID="1">aubergines"> ID="1">others"> ID="1">(b) cucurbits - edible peel> ID="2">0,1 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">cucumbers"> ID="1">gherkins"> ID="1">courgettes">  ID="1">others"> ID="1">(c) cucurbits - inedible peel> ID="3">(6)()> ID="4">(6)()> ID="5">0,05 (4)()"> ID="1">melons> ID="2">(7)()"> ID="1">squashes"> ID="1">watermelons"> ID="1">others> ID="2">0,1 (4)()"> ID="1">(d) sweet corn> ID="2">(7)()>  ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">(iv) BRASSICA"> ID="1">(a) flowering brassicas> ID="2">0,2> ID="3">(6)()> ID="4">(6)()> ID="5">0,1"> ID="1">broccoli"> ID="1">cauliflower"> ID="1">others"> ID="1">(b) head brassicas>  ID="2">(7)()> ID="3">(6)()> ID="4">(6)()> ID="5">0,05"> ID="1">brussels sprouts"> ID="1">head cabbage"> ID="1">others"> ID="1">(c) leafy brassicas> ID="2">(7)()> ID="3">(6)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">chinese cabbage">  ID="1">kale"> ID="1">others"> ID="1">(d) kohlrabi> ID="2">0,2> ID="3">(6)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">(v) LEAF VEGETABLES AND FRESH HERBS> ID="2">0,1 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">(a)  lettuce and similar"> ID="1">cress"> ID="1">lamb's lettuce"> ID="1">lettuce"> ID="1">scarole"> ID="1">others"> ID="1">(b) spinach and similar"> ID="1">beet leaves (chard)"> ID="1">(c) watercress"> ID="1">(d) witloof"> ID="1">(e) herbs">  ID="1">chervil"> ID="1">chives"> ID="1">parsley"> ID="1">celery leaves"> ID="1">others"> ID="1">(vi) LEGUME VEGETABLES (fresh)> ID="3">0,05 (4)()> ID="4">0,05 (4)()"> ID="1">beans (with pods)> ID="2">(7)()> ID="5">(6)()"> ID="1">beans (without  pods)> ID="2">(7)()> ID="5">(6)()"> ID="1">peas (with pods)"> ID="1">peas (without pods)"> ID="1">others> ID="2">0,1 (4)()> ID="5">0,05 (4)()"> ID="1">(vii) STEM VEGETABLES> ID="4">0,05 (4)()"> ID="1">asparagus"> ID="1">cardoons"> ID="1">celery>  ID="2">(7)()> ID="3">(6)()> ID="5">(6)()"> ID="1">fennel"> ID="1">globe artichokes"> ID="1">leek> ID="2">(7)()> ID="3">(6)()"> ID="1">rhubarb"> ID="1">others> ID="2">0,1 (4)()> ID="3">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">(viii) FUNGI> ID="2">0,1  (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">cultivates mushrooms"> ID="1">wild mushrooms"> ID="1">3. Pulses> ID="3">0,05 (4)()> ID="4">0,05 (4)()"> ID="1">beans> ID="2">(7)()> ID="5">(6)()"> ID="1">lentils">  ID="1">peas"> ID="1">others> ID="2">0,1 (4)()> ID="5">0,05 (4)()"> ID="1">4. Oil seeds> ID="3">0,05 (4)()"> ID="1">linseed> ID="2">(7)()"> ID="1">peanuts> ID="2">(7)()"> ID="1">poppy seed"> ID="1">sesame seed> ID="2">(7)()"> ID="1">sunflower  seed> ID="2">(7)()> ID="3">(6)()"> ID="1">rape seed> ID="2">(7)()> ID="3">(6)()> ID="5">(6)()"> ID="1">soya bean> ID="2">(7)()> ID="5">(6)()"> ID="1">mustard"> ID="1">cotton seed> ID="2">(7)()> ID="3">(6)()> ID="4">(6)()> ID="5">(6)()">  ID="1">others> ID="2">0,1 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">5. Potatoes> ID="2">(7)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,05 (4)()"> ID="1">Early and ware potatoes"> ID="1">6. Tea (black tea processed  from the leaves of camellia sinensis)> ID="2">0,2 (4)()> ID="3">0,1 (4)()> ID="4">0,1 (4)()> ID="5">0,1 (4)()"> ID="1">7. Hops (dried), including hop pellets and unconcentrated powder> ID="2">10> ID="3">(6)()> ID="4">5> ID="5">5"> "" ID="1">1. Fruit, fresh, dried or uncooked, preserved by freezing not containing added sugar; nuts"> ID="1">(i) CITRUS FRUIT> ID="2">0,02 (4)()> ID="3">(6)()> ID="4">0,05 (4)()> ID="5">0,02 (4)()> ID="6">(6)()"> ID="1">grapefruit">  ID="1">lemons"> ID="1">limes"> ID="1">mandarins (including clementines and similar hybrids)"> ID="1">oranges"> ID="1">pommelo"> ID="1">others"> ID="1">(ii) TREE NUTS (shelled or unshelled)> ID="2">0,02 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()>  ID="5">0,02 (4)()> ID="6">0,1 (4)()"> ID="1">almonds"> ID="1">brazil nuts"> ID="1">cashew nuts"> ID="1">chestnuts"> ID="1">coconuts"> ID="1">hazelnuts"> ID="1">macadamia"> ID="1">pecans"> ID="1">pine nuts"> ID="1">pistachios">  ID="1">walnuts"> ID="1">others"> ID="1">(iii) POME FRUIT> ID="2">0,2> ID="3">1> ID="4">0,05 (4)()> ID="5">0,3> ID="6">3"> ID="1">apples"> ID="1">pears"> ID="1">quinces"> ID="1">others"> ID="1">(iv) STONE FRUIT> ID="4">0,05 (4)()> ID="5">(5)()">  ID="1">apricots"> ID="1">cherries> ID="2">0,2> ID="3">(6)()> ID="6">3"> ID="1">peaches (including nectarines and similar hybrids)> ID="3">(6)()"> ID="1">plums> ID="2">0,2"> ID="1">others> ID="2">(5)()> ID="3">0,05 (4)()> ID="6">0,05 (4)()">  ID="1">(v) BERRIES AND SMALL FRUIT"> ID="1">(a) table and wine grapes> ID="2">0,3> ID="4">0,2> ID="5">0,3> ID="6">(6)()"> ID="1">table grapes> ID="3">2"> ID="1">wine grapes> ID="3">1"> ID="1">(b) strawberries (other than wild)> ID="2">(5)()>  ID="3">0,5> ID="4">0,05 (4)()> ID="5">0,3> ID="6">0,05 (4)()"> ID="1">(c) cane fruit (other than wild)> ID="2">0,02 (4)()> ID="3">(6)()> ID="4">0,05 (4)()> ID="6">0,05 (4)()"> ID="1">blackberries"> ID="1">dewberries"> ID="1">loganberries">  ID="1">raspberries> ID="5">(5)()"> ID="1">others> ID="5">0,02 (4)()"> ID="1">(d) other small fruit and berries (other than wild)> ID="3">0,05 (4)()> ID="4">0,05 (4)()"> ID="1">bilberries (fruit of species vaccinium myrtyllus)"> ID="1">cranberries">  ID="1">currants (red, black and white)> ID="2">(5)()> ID="5">1> ID="6">5"> ID="1">gooseberries> ID="2">(5)()> ID="5">1"> ID="1">others> ID="2">0,02 (4)()> ID="5">0,02 (4)()> ID="6">0,05 (4)()"> ID="1">(e) wild berries and wild fruit> ID="2">0,02  (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,02 (4)()> ID="6">0,05 (4)()"> ID="1">(vi) MISCELLANEOUS> ID="2">0,02 (4)()> ID="4">0,05 (4)()> ID="5">0,02 (4)()"> ID="1">avocados> ID="3">(6)()"> ID="1">bananas"> ID="1">dates"> ID="1">figs>  ID="6">(6)()"> ID="1">kiwi> ID="3">(6)()"> ID="1">kumquats"> ID="1">litchis"> ID="1">mangoes"> ID="1">olives (table consumption)> ID="6">(6)()"> ID="1">olives (oil extraction)> ID="6">(6)()"> ID="1">passion fruit"> ID="1">pineapples>  ID="6">(6)()"> ID="1">pomegranate"> ID="1">others> ID="3">0,05 (4)()> ID="6">0,05 (4)()"> ID="1">2. Vegetables, fresh or uncooked, frozen or dry"> ID="1">(i) ROOT AND TUBER VEGETABLES> ID="2">0,02 (4)()> ID="5">0,02 (4)()> ID="6">0,05 (4)()">  ID="1">beetroot"> ID="1">carrots> ID="3">0,1"> ID="1">celeriac"> ID="1">horseradish"> ID="1">jerusalem artichokes"> ID="1">parsnip> ID="3">0,1"> ID="1">parsley root"> ID="1">radishes"> ID="1">salsify> ID="4">(6)()"> ID="1">sweet potatoes">  ID="1">swedes"> ID="1">turnips"> ID="1">yam"> ID="1">others> ID="3">0,05 (4)()> ID="4">0,05 (4)()"> ID="1">(ii) BULB VEGETABLES> ID="2">0,02 (4)()> ID="3">(6)()> ID="5">0,02 (4)()"> ID="1">garlic"> ID="1">onions> ID="4">0,2> ID="6">(6)()">  ID="1">shallots"> ID="1">spring onions"> ID="1">others> ID="4">0,05 (4)()> ID="6">0,05 (4)()"> ID="1">(iii) FRUITING"> ID="1">(a) solanacea> ID="5">(5)()"> ID="1">tomatoes> ID="2">0,05 (4)()> ID="3">(6)()> ID="4">0,2> ID="6">3"> ID="1">peppers>  ID="2">(5)()> ID="3">(6)()> ID="4">0,2> ID="6">3"> ID="1">aubergines"> ID="1">others> ID="2">0,02 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="6">0,05 (4)()"> ID="1">(b) cucurbits - edible peel> ID="2">(5)()> ID="3">(6)()> ID="4">0,05 (4)()>  ID="5">(5)()> ID="6">0,05 (4)()"> ID="1">cucumbers"> ID="1">gherkins"> ID="1">courgettes"> ID="1">others"> ID="1">(c) cucurbits - inedible peel> ID="2">0,02 (4)()> ID="5">(5)()> ID="6">0,05 (4)()"> ID="1">melons> ID="3">(6)()> ID="4">(6)()">  ID="1">squashes"> ID="1">watermelons> ID="3">(6)()> ID="4">(6)()"> ID="1">others> ID="3">0,05 (4)()> ID="4">0,05 (4)()"> ID="1">(d) sweet corn> ID="2">0,02 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,02 (4)()> ID="6">(6)()"> ID="1">(iv)  BRASSICA VEGETABLES> ID="4">0,05 (4)()> ID="5">0,02 (4)()> ID="6">0,05 (4)()"> ID="1">(a) flowering brassicas> ID="3">(6)()"> ID="1">broccoli> ID="2">(5)()"> ID="1">cauliflower> ID="2">0,05"> ID="1">others> ID="2">0,02 (4)()"> ID="1">(b) head  brassicas> ID="2">0,2"> ID="1">brussels sprouts"> ID="1">head cabbage> ID="3">1"> ID="1">others> ID="3">0,05 (4)()"> ID="1">(c) leafy brassicas> ID="2">(5)()"> ID="1">chinese cabbage> ID="3">(6)()"> ID="1">kale> ID="3">(6)()"> ID="1">others>  ID="3">0,05 (4)()"> ID="1">(d) kohlrabi> ID="2">0,02 (4)()> ID="3">0,05 (4)()"> ID="1">(v) LEAF VEGETABLES AND FRESH HERBS> ID="4">0,02 (4)()> ID="5">0,05 (4)()"> ID="1">(a) lettuce and similar> ID="2">0,5> ID="3">(6)()"> ID="1">cress">  ID="1">lamb's lettuce"> ID="1">lettuce> ID="4">(6)()"> ID="1">scarole"> ID="1">others> ID="4">0,05 (4)()"> ID="1">(b) spinach and similar> ID="2">0,02 (4)()> ID="3">(6)()> ID="4">0,05 (4)()"> ID="1">beet leaves (chard)"> ID="1">(c) watercress>  ID="2">0,02 (4)()> ID="3">(6)()> ID="4">0,05 (4)()"> ID="1">(d) witloof> ID="2">0,02 (4)()> ID="3">(6)()> ID="4">0,05 (4)()"> ID="1">(e) herbs> ID="2">0,02 (4)()> ID="3">(6)()> ID="4">0,05 (4)()"> ID="1">chervil"> ID="1">chives"> ID="1">parsley">  ID="1">celery leaves"> ID="1">others"> ID="1">(vi) LEGUME VEGETABLES (fresh)> ID="2">0,05> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="6">0,05 (4)()"> ID="1">beans (with pods)"> ID="1">beans (without pods)"> ID="1">peas (with pods)> ID="5">(5)()">  ID="1">peas (without pods)> ID="5">(5)()"> ID="1">others> ID="5">0,02 (4)()"> ID="1">(vii) STEM VEGETABLES> ID="4">0,05 (4)()> ID="6">0,05 (4)()"> ID="1">Asparagus"> ID="1">cardoons"> ID="1">celery"> ID="1">fennel"> ID="1">globe artichokes>  ID="3">(6)()> ID="5">(5)()"> ID="1">leek> ID="2">(5)()> ID="3">(6)()"> ID="1">rhubarb"> ID="1">others> ID="2">0,02 (4)()> ID="3">0,05 (4)()> ID="5">0,02 (4)()"> ID="1">(viii) FUNGI> ID="2">0,02 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()>  ID="5">0,02 (4)()> ID="6">0,05 (4)()"> ID="1">cultivated mushrooms"> ID="1">wild mushrooms"> ID="1">3. Pulses> ID="2">0,02 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,02 (4)()> ID="6">0,05 (4)()"> ID="1">beans"> ID="1">lentils">  ID="1">peas"> ID="1">others"> ID="1">4. Oil seeds> ID="5">0,02 (4)()> ID="6">0,05 (4)()"> ID="1">linseed> ID="3">(6)()"> ID="1">peanuts"> ID="1">poppy seed"> ID="1">sesame seed"> ID="1">sunflower seed"> ID="1">rape seed> ID="2">0,05>  ID="4">(6)()"> ID="1">soya bean> ID="4">(6)()"> ID="1">mustard"> ID="1">cotton seed"> ID="1">others> ID="2">0,02 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()"> ID="1">5. Potatoes> ID="2">0,02 (4)()> ID="3">0,05 (4)()> ID="4">0,05 (4)()> ID="5">0,02  (4)()> ID="6">0,05 (4)()"> ID="1">early and ware potatoes"> ID="1">6. Tea (black tea processed from the leaves of camellia sinensis)> ID="2">(7)()> ID="3">0,1 (4)()> ID="4">0,1 (4)()> ID="5">0,05 (4)()> ID="6">0,1 (4)()"> ID="1">7. Hops (dried),  including hop pellets and unconcentrated powder> ID="2">20> ID="3">10> ID="4">0,1 (4)()> ID="5">5> ID="6">0,1 (4)()">>    " Article 2  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 30 June 1995.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.   Article 3  This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.   Article 4  This Directive is addressed to the Member States.  Done at Luxembourg, 23 June 1994.  For the Council The President G. MORAITIS  (1) OJ No L 350, 14. 12. 1990, p. 71. Directive as amended by Directive 93/58/EEC (OJ No L 211, 23. 8. 1993, p. 6).  (2) OJ No L 230, 19. 8. 1991, p. 1. Directive as amended by Commission Directive 93/71/EEC (OJ No L 221, 31. 8. 1993, p. 27).  (3)(×) As from 1 January 1996.  (4)() Indicates limit of analytical determination.  (a) (b) (c) As from 30 June 1999, and save for adoption of other levels, the following maximum limits shall apply:  (5)() 0,02 (*) (6)() 0,05 (*) (7)() 0,1 (*)


title: Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work

text:
               5.12.2008

               EN

               Official Journal of the European Union

               L 327/9

      DIRECTIVE 2008/104/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 19 November 2008
   on temporary agency work
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               This Directive respects the fundamental rights and complies with the principles recognised by the Charter of Fundamental Rights of the European Union (3). In particular, it is designed to ensure full compliance with Article 31 of the Charter, which provides that every worker has the right to working conditions which respect his or her health, safety and dignity, and to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave.

               (2)

               The Community Charter of the Fundamental Social Rights of Workers provides, in point 7 thereof, inter alia, that the completion of the internal market must lead to an improvement in the living and working conditions of workers in the European Community; this process will be achieved by harmonising progress on these conditions, mainly in respect of forms of work such as fixed-term contract work, part-time work, temporary agency work and seasonal work.

               (3)

               On 27 September 1995, the Commission consulted management and labour at Community level in accordance with Article 138(2) of the Treaty on the course of action to be adopted at Community level with regard to flexibility of working hours and job security of workers.

               (4)

               After that consultation, the Commission considered that Community action was advisable and on 9 April 1996, further consulted management and labour in accordance with Article 138(3) of the Treaty on the content of the envisaged proposal.

               (5)

               In the introduction to the framework agreement on fixed-term work concluded on 18 March 1999, the signatories indicated their intention to consider the need for a similar agreement on temporary agency work and decided not to include temporary agency workers in the Directive on fixed-term work.

               (6)

               The general cross-sector organisations, namely the Union of Industrial and Employers' Confederations of Europe (UNICE) (4), the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP) and the European Trade Union Confederation (ETUC), informed the Commission in a joint letter of 29 May 2000 of their wish to initiate the process provided for in Article 139 of the Treaty. By a further joint letter of 28 February 2001, they asked the Commission to extend the deadline referred to in Article 138(4) by one month. The Commission granted this request and extended the negotiation deadline until 15 March 2001.

               (7)

               On 21 May 2001, the social partners acknowledged that their negotiations on temporary agency work had not produced any agreement.

               (8)

               In March 2005, the European Council considered it vital to relaunch the Lisbon Strategy and to refocus its priorities on growth and employment. The Council approved the Integrated Guidelines for Growth and Jobs 2005-2008, which seek, inter alia, to promote flexibility combined with employment security and to reduce labour market segmentation, having due regard to the role of the social partners.

               (9)

               In accordance with the Communication from the Commission on the Social Agenda covering the period up to 2010, which was welcomed by the March 2005 European Council as a contribution towards achieving the Lisbon Strategy objectives by reinforcing the European social model, the European Council considered that new forms of work organisation and a greater diversity of contractual arrangements for workers and businesses, better combining flexibility with security, would contribute to adaptability. Furthermore, the December 2007 European Council endorsed the agreed common principles of flexicurity, which strike a balance between flexibility and security in the labour market and help both workers and employers to seize the opportunities offered by globalisation.

               (10)

               There are considerable differences in the use of temporary agency work and in the legal situation, status and working conditions of temporary agency workers within the European Union.

               (11)

               Temporary agency work meets not only undertakings' needs for flexibility but also the need of employees to reconcile their working and private lives. It thus contributes to job creation and to participation and integration in the labour market.

               (12)

               This Directive establishes a protective framework for temporary agency workers which is non-discriminatory, transparent and proportionate, while respecting the diversity of labour markets and industrial relations.

               (13)

               Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (5) establishes the safety and health provisions applicable to temporary agency workers.

               (14)

               The basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job.

               (15)

               Employment contracts of an indefinite duration are the general form of employment relationship. In the case of workers who have a permanent contract with their temporary-work agency, and in view of the special protection such a contract offers, provision should be made to permit exemptions from the rules applicable in the user undertaking.

               (16)

               In order to cope in a flexible way with the diversity of labour markets and industrial relations, Member States may allow the social partners to define working and employment conditions, provided that the overall level of protection for temporary agency workers is respected.

               (17)

               Furthermore, in certain limited circumstances, Member States should, on the basis of an agreement concluded by the social partners at national level, be able to derogate within limits from the principle of equal treatment, so long as an adequate level of protection is provided.

               (18)

               The improvement in the minimum protection for temporary agency workers should be accompanied by a review of any restrictions or prohibitions which may have been imposed on temporary agency work. These may be justified only on grounds of the general interest regarding, in particular the protection of workers, the requirements of safety and health at work and the need to ensure that the labour market functions properly and that abuses are prevented.

               (19)

               This Directive does not affect the autonomy of the social partners nor should it affect relations between the social partners, including the right to negotiate and conclude collective agreements in accordance with national law and practices while respecting prevailing Community law.

               (20)

               The provisions of this Directive on restrictions or prohibitions on temporary agency work are without prejudice to national legislation or practices that prohibit workers on strike being replaced by temporary agency workers.

               (21)

               Member States should provide for administrative or judicial procedures to safeguard temporary agency workers' rights and should provide for effective, dissuasive and proportionate penalties for breaches of the obligations laid down in this Directive.

               (22)

               This Directive should be implemented in compliance with the provisions of the Treaty regarding the freedom to provide services and the freedom of establishment and without prejudice to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (6).

               (23)

               Since the objective of this Directive, namely to establish a harmonised Community-level framework for protection for temporary agency workers, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level by introducing minimum requirements applicable throughout the Community, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,

         HAVE ADOPTED THIS DIRECTIVE:
   CHAPTER I
   GENERAL PROVISIONS
   Article 1
   Scope
   1.   This Directive applies to workers with a contract of employment or employment relationship with a temporary-work agency who are assigned to user undertakings to work temporarily under their supervision and direction.
   2.   This Directive applies to public and private undertakings which are temporary-work agencies or user undertakings engaged in economic activities whether or not they are operating for gain.
   3.   Member States may, after consulting the social partners, provide that this Directive does not apply to employment contracts or relationships concluded under a specific public or publicly supported vocational training, integration or retraining programme.
   Article 2
   Aim
   The purpose of this Directive is to ensure the protection of temporary agency workers and to improve the quality of temporary agency work by ensuring that the principle of equal treatment, as set out in Article 5, is applied to temporary agency workers, and by recognising temporary-work agencies as employers, while taking into account the need to establish a suitable framework for the use of temporary agency work with a view to contributing effectively to the creation of jobs and to the development of flexible forms of working.
   Article 3
   Definitions
   1.   For the purposes of this Directive:

               (a)

               ‘worker’ means any person who, in the Member State concerned, is protected as a worker under national employment law;

               (b)

               ‘temporary-work agency’ means any natural or legal person who, in compliance with national law, concludes contracts of employment or employment relationships with temporary agency workers in order to assign them to user undertakings to work there temporarily under their supervision and direction;

               (c)

               ‘temporary agency worker’ means a worker with a contract of employment or an employment relationship with a temporary-work agency with a view to being assigned to a user undertaking to work temporarily under its supervision and direction;

               (d)

               ‘user undertaking’ means any natural or legal person for whom and under the supervision and direction of whom a temporary agency worker works temporarily;

               (e)

               ‘assignment’ means the period during which the temporary agency worker is placed at the user undertaking to work temporarily under its supervision and direction;

               (f)

               ‘basic working and employment conditions’ means working and employment conditions laid down by legislation, regulations, administrative provisions, collective agreements and/or other binding general provisions in force in the user undertaking relating to:

                           (i)

                           the duration of working time, overtime, breaks, rest periods, night work, holidays and public holidays;

                           (ii)

                           pay.

         2.   This Directive shall be without prejudice to national law as regards the definition of pay, contract of employment, employment relationship or worker.
   Member States shall not exclude from the scope of this Directive workers, contracts of employment or employment relationships solely because they relate to part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary-work agency.
   Article 4
   Review of restrictions or prohibitions
   1.   Prohibitions or restrictions on the use of temporary agency work shall be justified only on grounds of general interest relating in particular to the protection of temporary agency workers, the requirements of health and safety at work or the need to ensure that the labour market functions properly and abuses are prevented.
   2.   By 5 December 2011, Member States shall, after consulting the social partners in accordance with national legislation, collective agreements and practices, review any restrictions or prohibitions on the use of temporary agency work in order to verify whether they are justified on the grounds mentioned in paragraph 1.
   3.   If such restrictions or prohibitions are laid down by collective agreements, the review referred to in paragraph 2 may be carried out by the social partners who have negotiated the relevant agreement.
   4.   Paragraphs 1, 2 and 3 shall be without prejudice to national requirements with regard to registration, licensing, certification, financial guarantees or monitoring of temporary-work agencies.
   5.   The Member States shall inform the Commission of the results of the review referred to in paragraphs 2 and 3 by 5 December 2011.
   CHAPTER II
   EMPLOYMENT AND WORKING CONDITIONS
   Article 5
   The principle of equal treatment
   1.   The basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to occupy the same job.
   For the purposes of the application of the first subparagraph, the rules in force in the user undertaking on:

               (a)

               protection of pregnant women and nursing mothers and protection of children and young people; and

               (b)

               equal treatment for men and women and any action to combat any discrimination based on sex, race or ethnic origin, religion, beliefs, disabilities, age or sexual orientation;

         must be complied with as established by legislation, regulations, administrative provisions, collective agreements and/or any other general provisions.
   2.   As regards pay, Member States may, after consulting the social partners, provide that an exemption be made to the principle established in paragraph 1 where temporary agency workers who have a permanent contract of employment with a temporary-work agency continue to be paid in the time between assignments.
   3.   Member States may, after consulting the social partners, give them, at the appropriate level and subject to the conditions laid down by the Member States, the option of upholding or concluding collective agreements which, while respecting the overall protection of temporary agency workers, may establish arrangements concerning the working and employment conditions of temporary agency workers which may differ from those referred to in paragraph 1.
   4.   Provided that an adequate level of protection is provided for temporary agency workers, Member States in which there is either no system in law for declaring collective agreements universally applicable or no such system in law or practice for extending their provisions to all similar undertakings in a certain sector or geographical area, may, after consulting the social partners at national level and on the basis of an agreement concluded by them, establish arrangements concerning the basic working and employment conditions which derogate from the principle established in paragraph 1. Such arrangements may include a qualifying period for equal treatment.
   The arrangements referred to in this paragraph shall be in conformity with Community legislation and shall be sufficiently precise and accessible to allow the sectors and firms concerned to identify and comply with their obligations. In particular, Member States shall specify, in application of Article 3(2), whether occupational social security schemes, including pension, sick pay or financial participation schemes are included in the basic working and employment conditions referred to in paragraph 1. Such arrangements shall also be without prejudice to agreements at national, regional, local or sectoral level that are no less favourable to workers.
   5.   Member States shall take appropriate measures, in accordance with national law and/or practice, with a view to preventing misuse in the application of this Article and, in particular, to preventing successive assignments designed to circumvent the provisions of this Directive. They shall inform the Commission about such measures.
   Article 6
   Access to employment, collective facilities and vocational training
   1.   Temporary agency workers shall be informed of any vacant posts in the user undertaking to give them the same opportunity as other workers in that undertaking to find permanent employment. Such information may be provided by a general announcement in a suitable place in the undertaking for which, and under whose supervision, temporary agency workers are engaged.
   2.   Member States shall take any action required to ensure that any clauses prohibiting or having the effect of preventing the conclusion of a contract of employment or an employment relationship between the user undertaking and the temporary agency worker after his assignment are null and void or may be declared null and void.
   This paragraph is without prejudice to provisions under which temporary agencies receive a reasonable level of recompense for services rendered to user undertakings for the assignment, recruitment and training of temporary agency workers.
   3.   Temporary-work agencies shall not charge workers any fees in exchange for arranging for them to be recruited by a user undertaking, or for concluding a contract of employment or an employment relationship with a user undertaking after carrying out an assignment in that undertaking.
   4.   Without prejudice to Article 5(1), temporary agency workers shall be given access to the amenities or collective facilities in the user undertaking, in particular any canteen, child-care facilities and transport services, under the same conditions as workers employed directly by the undertaking, unless the difference in treatment is justified by objective reasons.
   5.   Member States shall take suitable measures or shall promote dialogue between the social partners, in accordance with their national traditions and practices, in order to:

               (a)

               improve temporary agency workers' access to training and to child-care facilities in the temporary-work agencies, even in the periods between their assignments, in order to enhance their career development and employability;

               (b)

               improve temporary agency workers' access to training for user undertakings' workers.

         Article 7
   Representation of temporary agency workers
   1.   Temporary agency workers shall count, under conditions established by the Member States, for the purposes of calculating the threshold above which bodies representing workers provided for under Community and national law and collective agreements are to be formed at the temporary-work agency.
   2.   Member States may provide that, under conditions that they define, temporary agency workers count for the purposes of calculating the threshold above which bodies representing workers provided for by Community and national law and collective agreements are to be formed in the user undertaking, in the same way as if they were workers employed directly for the same period of time by the user undertaking.
   3.   Those Member States which avail themselves of the option provided for in paragraph 2 shall not be obliged to implement the provisions of paragraph 1.
   Article 8
   Information of workers' representatives
   Without prejudice to national and Community provisions on information and consultation which are more stringent and/or more specific and, in particular, Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (7), the user undertaking must provide suitable information on the use of temporary agency workers when providing information on the employment situation in that undertaking to bodies representing workers set up in accordance with national and Community legislation.
   CHAPTER III
   FINAL PROVISIONS
   Article 9
   Minimum requirements
   1.   This Directive is without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers.
   2.   The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive. This is without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are respected.
   Article 10
   Penalties
   1.   Member States shall provide for appropriate measures in the event of non-compliance with this Directive by temporary-work agencies or user undertakings. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced.
   2.   Member States shall lay down rules on penalties applicable in the event of infringements of national provisions implementing this Directive and shall take all necessary measures to ensure that they are applied. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission by 5 December 2011. Member States shall notify to the Commission any subsequent amendments to those provisions in good time. They shall, in particular, ensure that workers and/or their representatives have adequate means of enforcing the obligations under this Directive.
   Article 11
   Implementation
   1.   Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 5 December 2011, or shall ensure that the social partners introduce the necessary provisions by way of an agreement, whereby the Member States must make all the necessary arrangements to enable them to guarantee at any time that the objectives of this Directive are being attained. They shall forthwith inform the Commission thereof.
   2.   When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   Article 12
   Review by the Commission
   By 5 December 2013, the Commission shall, in consultation with the Member States and social partners at Community level, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.
   Article 13
   Entry into force
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 14
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 19 November 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J.-P. JOUYET

      (1)  OJ C 61, 14.3.2003, p. 124.

      (2)  Opinion of the European Parliament of 21 November 2002 (OJ C 25 E, 29.1.2004, p. 368), Council Common Position of 15 September 2008 and Position of the European Parliament of 22 October 2008 (not yet published in the Official Journal).

      (3)  OJ C 303, 14.12.2007, p. 1.

      (4)  UNICE changed its name to BUSINESSEUROPE in January 2007.

      (5)  OJ L 206, 29.7.1991, p. 19.

      (6)  OJ L 18, 21.1.1997, p. 1.

      (7)  OJ L 80, 23.3.2002, p. 29.