title: Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (Codified version) (Text with EEA relevance)

text:
               8.11.2008

               EN

               Official Journal of the European Union

               L 299/25

      DIRECTIVE 2008/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 22 October 2008
   to approximate the laws of the Member States relating to trade marks
   (Codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               The content of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (3) has been amended (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               The trade mark laws applicable in the Member States before the entry into force of Directive 89/104/EEC contained disparities which may have impeded the free movement of goods and freedom to provide services and may have distorted competition within the common market. It was therefore necessary to approximate the laws of the Member States in order to ensure the proper functioning of the internal market.

               (3)

               It is important not to disregard the solutions and advantages which the Community trade mark system may afford to undertakings wishing to acquire trade marks.

               (4)

               It does not appear to be necessary to undertake full-scale approximation of the trade mark laws of the Member States. It will be sufficient if approximation is limited to those national provisions of law which most directly affect the functioning of the internal market.

               (5)

               This Directive should not deprive the Member States of the right to continue to protect trade marks acquired through use but should take them into account only in regard to the relationship between them and trade marks acquired by registration.

               (6)

               Member States should also remain free to fix the provisions of procedure concerning the registration, the revocation and the invalidity of trade marks acquired by registration. They can, for example, determine the form of trade mark registration and invalidity procedures, decide whether earlier rights should be invoked either in the registration procedure or in the invalidity procedure or in both and, if they allow earlier rights to be invoked in the registration procedure, have an opposition procedure or an ex officio examination procedure or both. Member States should remain free to determine the effects of revocation or invalidity of trade marks.

               (7)

               This Directive should not exclude the application to trade marks of provisions of law of the Member States other than trade mark law, such as the provisions relating to unfair competition, civil liability or consumer protection.

               (8)

               Attainment of the objectives at which this approximation of laws is aiming requires that the conditions for obtaining and continuing to hold a registered trade mark be, in general, identical in all Member States. To this end, it is necessary to list examples of signs which may constitute a trade mark, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings. The grounds for refusal or invalidity concerning the trade mark itself, for example, the absence of any distinctive character, or concerning conflicts between the trade mark and earlier rights, should be listed in an exhaustive manner, even if some of these grounds are listed as an option for the Member States which should therefore be able to maintain or introduce those grounds in their legislation. Member States should be able to maintain or introduce into their legislation grounds of refusal or invalidity linked to conditions for obtaining and continuing to hold a trade mark for which there is no provision of approximation, concerning, for example, the eligibility for the grant of a trade mark, the renewal of the trade mark or rules on fees, or related to the non-compliance with procedural rules.

               (9)

               In order to reduce the total number of trade marks registered and protected in the Community and, consequently, the number of conflicts which arise between them, it is essential to require that registered trade marks must actually be used or, if not used, be subject to revocation. It is necessary to provide that a trade mark cannot be invalidated on the basis of the existence of a non-used earlier trade mark, while the Member States should remain free to apply the same principle in respect of the registration of a trade mark or to provide that a trade mark may not be successfully invoked in infringement proceedings if it is established as a result of a plea that the trade mark could be revoked. In all these cases it is up to the Member States to establish the applicable rules of procedure.

               (10)

               It is fundamental, in order to facilitate the free movement of goods and services, to ensure that registered trade marks enjoy the same protection under the legal systems of all the Member States. This should not, however, prevent the Member States from granting at their option extensive protection to those trade marks which have a reputation.

               (11)

               The protection afforded by the registered trade mark, the function of which is in particular to guarantee the trade mark as an indication of origin, should be absolute in the case of identity between the mark and the sign and the goods or services. The protection should apply also in the case of similarity between the mark and the sign and the goods or services. It is indispensable to give an interpretation of the concept of similarity in relation to the likelihood of confusion. The likelihood of confusion, the appreciation of which depends on numerous elements and, in particular, on the recognition of the trade mark on the market, the association which can be made with the used or registered sign, the degree of similarity between the trade mark and the sign and between the goods or services identified, should constitute the specific condition for such protection. The ways in which likelihood of confusion may be established, and in particular the onus of proof, should be a matter for national procedural rules which should not be prejudiced by this Directive.

               (12)

               It is important, for reasons of legal certainty and without inequitably prejudicing the interests of a proprietor of an earlier trade mark, to provide that the latter may no longer request a declaration of invalidity nor may he oppose the use of a trade mark subsequent to his own of which he has knowingly tolerated the use for a substantial length of time, unless the application for the subsequent trade mark was made in bad faith.

               (13)

               All Member States are bound by the Paris Convention for the Protection of Industrial Property. It is necessary that the provisions of this Directive should be entirely consistent with those of the said Convention. The obligations of the Member States resulting from that Convention should not be affected by this Directive. Where appropriate, the second paragraph of Article 307 of the Treaty should apply.

               (14)

               This Directive should be without prejudice to the obligations of the Member States relating to the time limit for transposition into national law of Directive 89/104/EEC set out in Annex I, Part B,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Scope
   This Directive shall apply to every trade mark in respect of goods or services which is the subject of registration or of an application in a Member State for registration as an individual trade mark, a collective mark or a guarantee or certification mark, or which is the subject of a registration or an application for registration in the Benelux Office for Intellectual Property or of an international registration having effect in a Member State.
   Article 2
   Signs of which a trade mark may consist
   A trade mark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.
   Article 3
   Grounds for refusal or invalidity
   1.   The following shall not be registered or, if registered, shall be liable to be declared invalid:

               (a)

               signs which cannot constitute a trade mark;

               (b)

               trade marks which are devoid of any distinctive character;

               (c)

               trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services;

               (d)

               trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;

               (e)

               signs which consist exclusively of:

                           (i)

                           the shape which results from the nature of the goods themselves;

                           (ii)

                           the shape of goods which is necessary to obtain a technical result;

                           (iii)

                           the shape which gives substantial value to the goods;

               (f)

               trade marks which are contrary to public policy or to accepted principles of morality;

               (g)

               trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service;

               (h)

               trade marks which have not been authorised by the competent authorities and are to be refused or invalidated pursuant to Article 6 ter of the Paris Convention for the Protection of Industrial Property, hereinafter referred to as the ‘Paris Convention’.

         2.   Any Member State may provide that a trade mark shall not be registered or, if registered, shall be liable to be declared invalid where and to the extent that:

               (a)

               the use of that trade mark may be prohibited pursuant to provisions of law other than trade mark law of the Member State concerned or of the Community;

               (b)

               the trade mark covers a sign of high symbolic value, in particular a religious symbol;

               (c)

               the trade mark includes badges, emblems and escutcheons other than those covered by Article 6 ter of the Paris Convention and which are of public interest, unless the consent of the competent authority to their registration has been given in conformity with the legislation of the Member State;

               (d)

               the application for registration of the trade mark was made in bad faith by the applicant.

         3.   A trade mark shall not be refused registration or be declared invalid in accordance with paragraph 1(b), (c) or (d) if, before the date of application for registration and following the use which has been made of it, it has acquired a distinctive character. Any Member State may in addition provide that this provision shall also apply where the distinctive character was acquired after the date of application for registration or after the date of registration.
   4.   Any Member State may provide that, by derogation from paragraphs 1, 2 and 3, the grounds of refusal of registration or invalidity in force in that State prior to the date of entry into force of the provisions necessary to comply with Directive 89/104/EEC, shall apply to trade marks for which application has been made prior to that date.
   Article 4
   Further grounds for refusal or invalidity concerning conflicts with earlier rights
   1.   A trade mark shall not be registered or, if registered, shall be liable to be declared invalid:

               (a)

               if it is identical with an earlier trade mark, and the goods or services for which the trade mark is applied for or is registered are identical with the goods or services for which the earlier trade mark is protected;

               (b)

               if because of its identity with, or similarity to, the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks, there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association with the earlier trade mark.

         2.   ‘Earlier trade marks’ within the meaning of paragraph 1 means:

               (a)

               trade marks of the following kinds with a date of application for registration which is earlier than the date of application for registration of the trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks;

                           (i)

                           Community trade marks;

                           (ii)

                           trade marks registered in the Member State or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property;

                           (iii)

                           trade marks registered under international arrangements which have effect in the Member State;

               (b)

               Community trade marks which validly claim seniority, in accordance with Council Regulation (EC) No 40/94 (5) of 20 December 1993 on the Community trade mark, from a trade mark referred to in (a)(ii) and (iii), even when the latter trade mark has been surrendered or allowed to lapse;

               (c)

               applications for the trade marks referred to in points (a) and (b), subject to their registration;

               (d)

               trade marks which, on the date of application for registration of the trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the trade mark, are well known in a Member State, in the sense in which the words ‘well known’ are used in Article 6 bis of the Paris Convention.

         3.   A trade mark shall furthermore not be registered or, if registered, shall be liable to be declared invalid if it is identical with, or similar to, an earlier Community trade mark within the meaning of paragraph 2 and is to be, or has been, registered for goods or services which are not similar to those for which the earlier Community trade mark is registered, where the earlier Community trade mark has a reputation in the Community and where the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier Community trade mark.
   4.   Any Member State may, in addition, provide that a trade mark shall not be registered or, if registered, shall be liable to be declared invalid where, and to the extent that:

               (a)

               the trade mark is identical with, or similar to, an earlier national trade mark within the meaning of paragraph 2 and is to be, or has been, registered for goods or services which are not similar to those for which the earlier trade mark is registered, where the earlier trade mark has a reputation in the Member State concerned and where the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark;

               (b)

               rights to a non-registered trade mark or to another sign used in the course of trade were acquired prior to the date of application for registration of the subsequent trade mark, or the date of the priority claimed for the application for registration of the subsequent trade mark, and that non-registered trade mark or other sign confers on its proprietor the right to prohibit the use of a subsequent trade mark;

               (c)

               the use of the trade mark may be prohibited by virtue of an earlier right other than the rights referred to in paragraph 2 and point (b) of this paragraph and in particular:

                           (i)

                           a right to a name;

                           (ii)

                           a right of personal portrayal;

                           (iii)

                           a copyright;

                           (iv)

                           an industrial property right;

               (d)

               the trade mark is identical with, or similar to, an earlier collective trade mark conferring a right which expired within a period of a maximum of three years preceding application;

               (e)

               the trade mark is identical with, or similar to, an earlier guarantee or certification mark conferring a right which expired within a period preceding application the length of which is fixed by the Member State;

               (f)

               the trade mark is identical with, or similar to, an earlier trade mark which was registered for identical or similar goods or services and conferred on them a right which has expired for failure to renew within a period of a maximum of two years preceding application, unless the proprietor of the earlier trade mark gave his agreement for the registration of the later mark or did not use his trade mark;

               (g)

               the trade mark is liable to be confused with a mark which was in use abroad on the filing date of the application and which is still in use there, provided that at the date of the application the applicant was acting in bad faith.

         5.   The Member States may permit that in appropriate circumstances registration need not be refused or the trade mark need not be declared invalid where the proprietor of the earlier trade mark or other earlier right consents to the registration of the later trade mark.
   6.   Any Member State may provide that, by derogation from paragraphs 1 to 5, the grounds for refusal of registration or invalidity in force in that State prior to the date of the entry into force of the provisions necessary to comply with Directive 89/104/EEC, shall apply to trade marks for which application has been made prior to that date.
   Article 5
   Rights conferred by a trade mark
   1.   The registered trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade:

               (a)

               any sign which is identical with the trade mark in relation to goods or services which are identical with those for which the trade mark is registered;

               (b)

               any sign where, because of its identity with, or similarity to, the trade mark and the identity or similarity of the goods or services covered by the trade mark and the sign, there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trade mark.

         2.   Any Member State may also provide that the proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade any sign which is identical with, or similar to, the trade mark in relation to goods or services which are not similar to those for which the trade mark is registered, where the latter has a reputation in the Member State and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
   3.   The following, inter alia, may be prohibited under paragraphs 1 and 2:

               (a)

               affixing the sign to the goods or to the packaging thereof;

               (b)

               offering the goods, or putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder;

               (c)

               importing or exporting the goods under the sign;

               (d)

               using the sign on business papers and in advertising.

         4.   Where, under the law of the Member State, the use of a sign under the conditions referred to in paragraph 1(b) or paragraph 2 could not be prohibited before the date of entry into force of the provisions necessary to comply with Directive 89/104/EEC in the Member State concerned, the rights conferred by the trade mark may not be relied on to prevent the continued use of the sign.
   5.   Paragraphs 1 to 4 shall not affect provisions in any Member State relating to the protection against the use of a sign other than for the purposes of distinguishing goods or services, where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
   Article 6
   Limitation of the effects of a trade mark
   1.   The trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:

               (a)

               his own name or address;

               (b)

               indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services;

               (c)

               the trade mark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts;

         provided he uses them in accordance with honest practices in industrial or commercial matters.
   2.   The trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality if that right is recognised by the laws of the Member State in question and within the limits of the territory in which it is recognised.
   Article 7
   Exhaustion of the rights conferred by a trade mark
   1.   The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Community under that trade mark by the proprietor or with his consent.
   2.   Paragraph 1 shall not apply where there exist legitimate reasons for the proprietor to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.
   Article 8
   Licensing
   1.   A trade mark may be licensed for some or all of the goods or services for which it is registered and for the whole or part of the Member State concerned. A licence may be exclusive or non-exclusive.
   2.   The proprietor of a trade mark may invoke the rights conferred by that trade mark against a licensee who contravenes any provision in his licensing contract with regard to:

               (a)

               its duration;

               (b)

               the form covered by the registration in which the trade mark may be used;

               (c)

               the scope of the goods or services for which the licence is granted;

               (d)

               the territory in which the trade mark may be affixed; or

               (e)

               the quality of the goods manufactured or of the services provided by the licensee.

         Article 9
   Limitation in consequence of acquiescence
   1.   Where, in a Member State, the proprietor of an earlier trade mark as referred to in Article 4(2) has acquiesced, for a period of five successive years, in the use of a later trade mark registered in that Member State while being aware of such use, he shall no longer be entitled on the basis of the earlier trade mark either to apply for a declaration that the later trade mark is invalid or to oppose the use of the later trade mark in respect of the goods or services for which the later trade mark has been used, unless registration of the later trade mark was applied for in bad faith.
   2.   Any Member State may provide that paragraph 1 shall apply mutatis mutandis to the proprietor of an earlier trade mark referred to in Article 4(4)(a) or an other earlier right referred to in Article 4(4)(b) or (c).
   3.   In the cases referred to in paragraphs 1 and 2, the proprietor of a later registered trade mark shall not be entitled to oppose the use of the earlier right, even though that right may no longer be invoked against the later trade mark.
   Article 10
   Use of trade marks
   1.   If, within a period of five years following the date of the completion of the registration procedure, the proprietor has not put the trade mark to genuine use in the Member State in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the trade mark shall be subject to the sanctions provided for in this Directive, unless there are proper reasons for non-use.
   The following shall also constitute use within the meaning of the first subparagraph:

               (a)

               use of the trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered;

               (b)

               affixing of the trade mark to goods or to the packaging thereof in the Member State concerned solely for export purposes.

         2.   Use of the trade mark with the consent of the proprietor or by any person who has authority to use a collective mark or a guarantee or certification mark shall be deemed to constitute use by the proprietor.
   3.   In relation to trade marks registered before the date of entry into force in the Member State concerned of the provisions necessary to comply with Directive 89/104/EEC:

               (a)

               where a provision in force prior to that date attached sanctions to non-use of a trade mark during an uninterrupted period, the relevant period of five years mentioned in the first subparagraph of paragraph 1 shall be deemed to have begun to run at the same time as any period of non-use which is already running at that date;

               (b)

               where there was no use provision in force prior to that date, the periods of five years mentioned in the first subparagraph of paragraph 1 shall be deemed to run from that date at the earliest.

         Article 11
   Sanctions for non-use of a trade mark in legal or administrative proceedings
   1.   A trade mark may not be declared invalid on the ground that there is an earlier conflicting trade mark if the latter does not fulfil the requirements of use set out in Article 10(1) and (2), or in Article 10(3), as the case may be.
   2.   Any Member State may provide that registration of a trade mark may not be refused on the ground that there is an earlier conflicting trade mark if the latter does not fulfil the requirements of use set out in Article 10(1) and (2) or in Article 10(3), as the case may be.
   3.   Without prejudice to the application of Article 12, where a counter-claim for revocation is made, any Member State may provide that a trade mark may not be successfully invoked in infringement proceedings if it is established as a result of a plea that the trade mark could be revoked pursuant to Article 12(1).
   4.   If the earlier trade mark has been used in relation to part only of the goods or services for which it is registered, it shall, for purposes of applying paragraphs 1, 2 and 3, be deemed to be registered in respect only of that part of the goods or services.
   Article 12
   Grounds for revocation
   1.   A trade mark shall be liable to revocation if, within a continuous period of five years, it has not been put to genuine use in the Member State in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use.
   However, no person may claim that the proprietor’s rights in a trade mark should be revoked where, during the interval between expiry of the five-year period and filing of the application for revocation, genuine use of the trade mark has been started or resumed.
   The commencement or resumption of use within a period of three months preceding the filing of the application for revocation which began at the earliest on expiry of the continuous period of five years of non-use shall be disregarded where preparations for the commencement or resumption occur only after the proprietor becomes aware that the application for revocation may be filed.
   2.   Without prejudice to paragraph 1, a trade mark shall be liable to revocation if, after the date on which it was registered:

               (a)

               in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a product or service in respect of which it is registered;

               (b)

               in consequence of the use made of it by the proprietor of the trade mark or with his consent in respect of the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

         Article 13
   Grounds for refusal or revocation or invalidity relating to only some of the goods or services
   Where grounds for refusal of registration or for revocation or invalidity of a trade mark exist in respect of only some of the goods or services for which that trade mark has been applied for or registered, refusal of registration or revocation or invalidity shall cover those goods or services only.
   Article 14
   Establishment a posteriori of invalidity or revocation of a trade mark
   Where the seniority of an earlier trade mark which has been surrendered or allowed to lapse is claimed for a Community trade mark, the invalidity or revocation of the earlier trade mark may be established a posteriori.
   Article 15
   Special provisions in respect of collective marks, guarantee marks and certification marks
   1.   Without prejudice to Article 4, Member States whose laws authorise the registration of collective marks or of guarantee or certification marks may provide that such marks shall not be registered, or shall be revoked or declared invalid, on grounds additional to those specified in Articles 3 and 12 where the function of those marks so requires.
   2.   By way of derogation from Article 3(1)(c), Member States may provide that signs or indications which may serve, in trade, to designate the geographical origin of the goods or services may constitute collective, guarantee or certification marks. Such a mark does not entitle the proprietor to prohibit a third party from using in the course of trade such signs or indications, provided he uses them in accordance with honest practices in industrial or commercial matters; in particular, such a mark may not be invoked against a third party who is entitled to use a geographical name.
   Article 16
   Communication
   Member States shall communicate to the Commission the text of the main provisions of national law adopted in the field governed by this Directive.
   Article 17
   Repeal
   Directive 89/104/EEC, as amended by the Decision listed in Annex I, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limit for transposition into national law of that Directive, set out in Annex I, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
   Article 18
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 19
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 22 October 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J.-P. JOUYET

      (1)  OJ C 161, 13.7.2007, p. 44.

      (2)  Opinion of the European Parliament of 19 June 2007 (OJ C 146 E, 12.6.2008, p. 76) and Council Decision of 25 September 2008.

      (3)  OJ L 40, 11.2.1989, p. 1.

      (4)  See Annex I, Part A.

      (5)  OJ L 11, 14.1.1994, p. 1.

      ANNEX I
      PART A
      Repealed Directive with its amendment
      (referred to in Article 17)

                  Council Directive 89/104/EEC

                  (OJ L 40, 11.2.1989, p. 1)

                  Council Decision 92/10/EEC

                  (OJ L 6, 11.1.1992, p. 35)

            PART B
      Time limit for transposition into national law
      (referred to in Article 17)

                  Directive

                  Time limit for transposition

                  89/104/EEC

                  31 December 1992

      ANNEX II
      Correlation table

                  Directive 89/104/EEC

                  This Directive

                  Article 1

                  Article 1

                  Article 2

                  Article 2

                  Article 3(1)(a) to (d)

                  Article 3(1)(a) to (d)

                  Article 3(1)(e), introductory wording

                  Article 3(1)(e), introductory wording

                  Article 3(1)(e), first indent

                  Article 3(1)(e)(i)

                  Article 3(1)(e), second indent

                  Article 3(1)(e)(ii)

                  Article 3(1)(e), third indent

                  Article 3(1)(e)(iii)

                  Article 3(1)(f), (g) and (h)

                  Article 3(1)(f), (g) and (h)

                  Article 3(2), (3) and (4)

                  Article 3(2), (3) and (4)

                  Article 4

                  Article 4

                  Article 5

                  Article 5

                  Article 6

                  Article 6

                  Article 7

                  Article 7

                  Article 8

                  Article 8

                  Article 9

                  Article 9

                  Article 10(1)

                  Article 10(1), first subparagraph

                  Article 10(2)

                  Article 10(1), second subparagraph

                  Article 10(3)

                  Article 10(2)

                  Article 10(4)

                  Article 10(3)

                  Article 11

                  Article 11

                  Article 12(1), first sentence

                  Article 12(1), first subparagraph

                  Article 12(1), second sentence

                  Article 12(1), second subparagraph

                  Article 12(1), third sentence

                  Article 12(1), third subparagraph

                  Article 12(2)

                  Article 12(2)

                  Article 13

                  Article 13

                  Article 14

                  Article 14

                  Article 15

                  Article 15

                  Article 16(1) and (2)

                  —

                  Article 16(3)

                  Article 16

                  —

                  Article 17

                  —

                  Article 18

                  Article 17

                  Article 19

                  —

                  Annex I

                  —

                  Annex II


Important legal notice

|

31977L0096

Council Directive 77/96/EEC of 21 December 1976 on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine

Official Journal L 026 , 31/01/1977 P. 0067 - 0077 Finnish special edition: Chapter 3 Volume 8 P. 0041  Greek special edition: Chapter 03 Volume 17 P. 0042  Swedish special edition: Chapter 3 Volume 8 P. 0041  Spanish special edition: Chapter 03 Volume 11 P. 0156  Portuguese special edition Chapter 03 Volume 11 P. 0156  Special edition in Czech Chapter 3 Volume 03 P. 67  - 77 Special edition in Estonian Chapter 3 Volume 03 P. 67  - 77 Special edition in Hungarian Chapter 3 Volume 03 P. 67  - 77 Special edition in Lithuanian Chapter 3 Volume 03 P. 67  - 77 Special edition in Latvian Chapter 3 Volume 03 P. 67  - 77 Special edition in Maltese Chapter 3 Volume 03 P. 67  - 77 Special edition in Polish Chapter 3 Volume 03 P. 67  - 77 Special edition in Slovakian Chapter 3 Volume 03 P. 67  - 77 Special edition in Slovenian Chapter 3 Volume 03 P. 67  - 77

		Council Directiveof 21 December 1976on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine(77/96/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries [1], as last amended by Directive 75/379/EEC [2], and in particular Article 21 thereof,Having regard to the proposal from the Commission,Whereas in Directive 72/462/EEC the Council provided in Article 21 for the laying down of the method and procedures required for detecting the presence of trichinae in fresh pigmeat;Whereas the application of Directive 72/462/EEC will not have the desired effects as long as disparities exist between the Member States as to the guarantees required in respect of the detection of trichinae upon importation of fresh meat from third countries; whereas it is therefore necessary to lay down Community arrangements in this field;Whereas, in order to protect consumer health, it is necessary that fresh pigmeat be systematically subjected to an examination using methods recognized as effective, in order to eliminate meat containing trichinae;Whereas when the examination is carried out in the exporting third country, it must be carried out in slaughterhouses which comply with certain conditions and which contain, in particular, a screening laboratory provided with suitable equipment;Whereas in order to be able to distinguish the meat samples examined from those not examined it is necessary to provide for the affixing of a special mark to meat which has been examined with a negative result;Whereas there should be a procedure establishing close and effective cooperation between the Commission and the Member States for assessing the advisability of permitting establishments in the third countries to carry out this examination or to work on the meat examined; whereas there should also be a procedure for bringing the technical provisions relating in particular to the examination methods, the requirements concerning the screening laboratories and the procedure for marking examined meat into line with technical progress and with experience acquired;Whereas the Member States should be allowed to admit fresh meat which has not been screened for trichinae in the exporting third country, provided that this meat, undergoes treatment by freezing; which ensures that any trichinae which may be present are rendered harmless, either in the exporting third country, or in the Member State for which the meat is intended; whereas this treatment must nevertheless be carried out according to certain well defined procedures and establishments fulfilling certain conditions,HAS ADOPTED THIS DIRECTIVE:Article 1The definitions used in this Directive are those contained in Directive 72/462/EEC.Moreover:(a) "fresh meat" means fresh meat of domestic swine;(b) "examination" refers to the examination to detect the presence of trichinae in fresh meat.Article 21. In order to be admitted to intra-Community trade, fresh meat originating in third countries which contains skeletal muscles (striated muscles) shall be examined under the supervision and responsibility of an official veterinarian.2. The examination shall be carried out in accordance with one of the methods provided for in Annex I, on the whole carcase or, failing this, on each half carcase, quarter carcase or piece to be imported into the Community.3. The examination shall take place in a slaughterhouse approved in the exporting country in accordance with Article 4 of Directive 72/462/EEC and authorized to carry out this examination in accordance with Article 4 of this Directive.4. The examination shall take place before the health marking provided for in Chapter X of Annex B to Directive 72/462/EEC.5. If it is not possible to carry out the examination in the exporting country, the Member State for which the fresh meat is intended may authorize its importation provided that the examination is carried out within its territory at the time of the public health inspection provided for in Article 24 (2) of Directive 72/462/EEC, at an inspection post within the meaning of Article 27 (1) (b) of that Directive.6. (a) If the outcome of the examination is negative, the fresh meat shall be marked immediately after the examination, in accordance with Annex III.(b) In the case of ink stamping, use shall be made of a colorant within the meaning of Article 17 (3) of Directive 72/462/EEC.Article 31. By way of derogation from Article 2, the Member State for which it is intended may authorize the exemption from examination of fresh meat from certain third countries or parts of such countries, provided it is frozen in accordance with the provisions of Annex IV.2. This treatment shall be carried out in an establishment situated in the exporting third country, and described in Article 4 (1).Freezing in the exporting third country must be the subject of certification by the official veterinarian on the health certificate accompanying the meat, as referred to in Article 22 (3) of Directive 72/462/EEC.3. If the treatment has not been carried out in the exporting third country, it must be carried out at an inspection post as described in Article 2 (5).Freezing in a Member State must be the subject of certification by the official veterinarian on the certificates accompanying the meat, as referred to in Article 25 of Directive 72/462/EEC.Article 41. The authorization for a slaughterhouse to carry out the examination and of a cutting plant to cut up or bone meat which has undergone such examination, or the authorization for an establishment to carry out the freezing treatment referred to in Article 3, shall be decided on in accordance with the procedure laid down in Article 9. In addition to the requirements of Article 4 of Directive 72/462/EEC, account shall be taken of the guarantees given in respect of compliance with this Directive and, in the case of slaughterhouses, of:(a) the presence of the rooms and apparatus necessary for carrying out the examination;(b) the qualifications of the personnel responsible for carrying out the examination.Authorization shall be granted to a slaughterhouse and cutting plant only where the competent authorities of the third country concerned have officially recognized that the slaughterhouse and cutting plant are in a position to satisfy the conditions laid down in Article 5 and in Annex III; also, in the case of a slaughterhouse, that it has a laboratory which complies with the conditions laid down in Annex II, Chapter I, and which is in a position to satisfy the requirements of the other chapters of Annex II and those of Annex I.Authorization shall be granted to an establishment to carry out the freezing treatment only if the competent authorities of the third country concerned have officially recognized that the establishment is in a position to satisfy the conditions laid down in Annex IV.2. On the list(s) referred to in Article 4 (4) of Directive 72/462/EEC, a special indication shall be inserted against the names of the establishments which have been granted an authorization within the meaning of paragraph 1.Article 51. In slaughterhouses which have been granted an authorization in accordance with Article 4, swine the meat of which is intended for the Community must be slaughtered in different rooms or in the absence thereof at different times from swine the meat of which is not intended for the Community, unless the meat of such swine is examined in accordance with the same procedure.2. The cutting and boning of meat which has undergone an examination with negative results and is intended for the Community must be carried out in cutting plants, in accordance with Article 4.In these cutting plants, the cutting and boning of such meat must be carried out in different rooms or in the absence thereof, at different times from meat which is not intended for the Community, unless the meat is examined in accordance with the same procedure.Article 6The inspections in third countries provided for in Article 5 of Directive 72/462/EEC must also verify whether the present Directive is being applied.Article 7The Member States shall draw up and communicate to the Commission the list of the inspection posts referred to in Article 2 (5) at which:- the examination,- the freezing referred to in Article 3,may be carried out.They shall ensure that these posts have the equipment necessary for carrying out the operations in question.Article 8Acting on a proposal from the Commission, the Council shall decide before 1 January 1979 on any additions to be made to the methods laid down in Annex I.Article 91. Where the procedure laid down in this Article is followed, the matter shall without delay be referred by the chairman, either on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter referred to as "the Committee") set up by the Council Decision of 15 October 1968.2. Within the Committee the votes of the Member States shall be weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.3. The representative of the Commission shall submit a draft of the measure to be adopted. The Committee shall deliver its opinion on these measures within a time limit set by the chairman having regard to the urgency of the questions under examination. Opinions shall be delivered by a majority of 41 votes.4. The Commission shall adopt the measures and shall implement them immediately, where they are in accordance with the opinion of the Committee. Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken.The Council shall adopt the measures by a qualified majority.If the Council has not adopted any measures within three months of the date on which the matter is referred to it, the Commission shall adopt the proposed measures and shall implement them immediately save where the Council has decided against such measures by a simple majority.Article 10Article 9 shall apply until 21 June 1981.Article 11The Member States shall bring into force on 1 January 1979 at the latest the laws, regulations and administrative provisions needed for compliance with this Directive. They shall forthwith inform the Commission thereof.Article 12This Directive is addressed to the Member States.Done at Brussels, 21 December 1976.For the CouncilThe PresidentA. P. L. M. M. van der Stee[1] OJ No L 302, 31. 12. 1972, p. 28.[2] OJ No L 172, 3. 7. 1975, p. 17.--------------------------------------------------ANNEX IMETHODS OF EXAMINATION FOR TRICHINAEI. TRICHINOSCOPIC EXAMINATION(a) ApparatusAn incandescent lamp trichinoscope with 50 × and 80 to 100 × magnification.A pressure glass consisting of two glass plates — one of which is divided into equal fields — small curved scissors, small forceps, a knife for cutting specimens, small numbered containers for storing the specimens separately, a dropping pipette, a glass of acetic acid and a glass of potassium hydroxide solution for brightening any calcifications or softening dried meat.(b) Taking of specimensIn the case of whole carcases, at least one specimen of the size of a hazelnut is to be taken from both diaphragm pillars at the transition of the sinewy part.If there is only one diaphragm pillar, one specimen the size of two hazelnuts is to be taken. In the absence of both diaphragm pillars, two specimens approximately the size of a hazelnut are to be taken from the rib part or the breastbone part of the diaphragm or, as the case may be, from the lingual muscle or the jaw muscle or from the abdominal muscles.For pieces of meat, from each piece take three samples of skeletal muscle, containing little fat, if possible the size of a hazelnut, and taken from different points, where possible near to bones or tendons.(c) MethodIf both diaphragm pillars are present the trichinae inspector must cut, from each of the above specimens taken from a whole carcase, seven pieces the size of an oat-kernel making 14 in all; if only one diaphragm pillar is present, 14 pieces, from different places and if possible from the transition to the sinewy part; he must then compress them between the glass plates in such a way that normal print can be clearly read through the slide preparation. If the flesh of the specimens to be examined is dry and old, the preparations must be softened in a mixture of one part potassium hydroxide solution to about two parts water for 10 to 20 minutes before pressing.If, in the case of whole carcases, specimens have to be taken from the rib part or the breastbone part of the diaphragm, the lingual muscle or jaw muscle or the abdominal muscles, then 14 pieces the size of an oat-kernal are to be cut from each specimen, i.e. a total of 28.From each of the samples taken from pieces of meat, the trichinae inspector must cut four pieces the size of an oat-kernal, making 12 pieces in all.The trichinoscopic examination must be carried out in such a manner that each preparation is scanned slowly and carefully. If the trichinoscopic examination reveals suspect areas, the nature of which cannot be definitely ascertained even with the most powerful magnification of the trichinoscope, these must be checked by microscope.The microscopic examination should be carried out in such a manner that each preparation is scanned slowly and carefully at a magnification of 30 to 40 ×.In the case of an uncertain result, the examination must be continued on a further number of specimens and slide preparations, if necessary with the aid of higher magnifications, until the information required is obtained. The trichinoscopic examination must be carried out for at least three minutes.The trichinoscopic examination must be carried out for at least six minutes in the case of substitute specimens taken from the rib part or breastbone part of the diaphragm pillars, the lingual muscle or the jaw muscle or the abdominal muscles.The minimum time fixed for the examination does not include the time necessary for sample-taking and for making the preparations.As a general rule, the trichinoscopic examiner should not inspect more than 840 pieces a day, though by way of exception he may inspect up to 1050.II. THE ARTIFICIAL DIGESTION METHOD(a) Apparatus and material- knife for taking samples,- small numbered containers, with closures, for storing samples, if necessary until repetition of the examinations,- incubator,- 2 to 3 litre glass funnel with stand, a connecting hose in rubber, clamps for fastening the connecting hose,- a plastic sieve (approximately 18 cm in diameter, and approximately 1 mm mesh),- gauze,- a small tapering tube with a sealed end,- a glass block dish,- a meat mincer,- a stereo-microscope,- digestive liquid made up as follows:10 g of pepsin (1200 u/g), 5 ml HCl (at least 37 %) made up to a litre with tap water.(b) Taking of specimens1. In the case of whole carcases a sample of at least 20 g to be taken from a diaphragm pillar at the transition to the sinewy part. In the absence of diaphragm pillars a specimen of at least 20 g to be taken from the rib part or the breastbone part of the diaphragm or from the lingual muscle or the jaw muscle or the abdominal muscles.2. For pieces of meat, a sample of at least 20 g of skeletal muscle to be taken, containing little fat and where possible near to bones or tendons.(c) MethodFor the examination of a collective specimen from 10 pigs, a 10 g specimen shall be prepared from each individual 20 g sample. The remaining 10 g shall be kept for additional single-specimen examination should this be necessary.10 specimens, each weighing 10 g, shall be combined into a collective specimen; it shall be minced in a meat mincer (with 2 mm perforations) and placed loosely in a sieve lined with a layer of gauze. The sieve shall then be placed in a funnel connected by a length of rubber hose to a small tapered tube with a sealed end; the funnel shall be filled from the edge with digestive liquid until the matter for analysis is completely covered. The proportion of matter for analysis to digestive liquid must be approximately 1:20 to 1:30.After 18 to 20 hours of incubation at 37 to 39 °C, the small tapered tube shall be disconnected and removed. After carefully drawing off the supernatant liquid, the sediment present in the tip of the tube is to be carefully rinsed in a dish. Then to be examined for the presence of trichinae with a stereo-microscope at 20 to 40 × magnification.In the case of a positive or doubtful result from the examination of a collective specimen, the remaining single specimens to be examined individually after addition of a further 20 g from each pig, or in the case of pieces of meat, the addition of 20 g taken from each piece, according to (b) above.III. METHOD USING THE ARTIFICIAL DIGESTION OF COLLECTIVE SAMPLES(a) Apparatus and reagents- knife and tweezers for collecting specimens,- meat mincer with 2 to 3 mm diameter perforations,- a 3 ml Erlenmeyer flask with a rubber or cotton-wool plug,- a conical separation funnel of 2000 ml capacity,- an ordinary A-base stand of approximately 28 cm length with an 80 cm stem,- a ring, diameter approximately 10 to 11 cm which can be fixed to the stand,- a clamp with a flat vice (23 × 40 mm) which can be attached to the stand by means of a double coupling,- an Endecott sieve number 80 (mesh fineness 177) with an external diameter of 11 cm fitted with brass or stainless steel mesh,- a plastic funnel with an internal diameter of not less than 12 cm,- an ordinary dissection microscope (magnification 40 ×) fitted with its ordinary lamp, or a standard binocular microscope (magnification 40 ×),- a trichinoscope with horizontal table for the compressor,- when using the trichinoscope: a larvae counting basin of the same outer shape as the compressor with a volume of approximately 60 to 65 cc. The larvae counting basin may be described as follows:The shape of the basin consists of a 23 cm long glass plate being of the same thickness as that of a single plate in a common compressor. The width, however, is slightly less, e.g. 4·5 cm in order to provide for the fixation of a glass plate, 2 mm thick, 1·8 cm high, and 17·5 cm long, on both of the long sides of the bottom plate.The basin is closed at the ends by two glass plates fixed directly onto the bottom plate, and which are 5 cm long, 1 cm high, and 2 mm thick. The height of the basin, measured from inside, will thus be about 1 cm.The plates are glued together with ordinary glass adhesive. Approximately 2·8 cm of the bottom plate is left free at both ends for protection purposes, and for easy handling of the filled basin.The volume of the basin is approximately 60 to 65 cc in total,- when using the microscope a number of 9 cm diameter Petri dishes are needed,- a speedmarker for marking out in the bottom of the Petri dish the 1 cm square examination areas,- a number of 10 litre bins to be used when applying formol treatment to the apparatus, and for the remaining digestive juice in the case of positive results,- concentrated (37 %) hydrochloric acid,- 30000 units per gram of "Merck" powdered pepsin, or pepsin with known strength from another firm,- one or two trays which can hold 100 samples or approximately 2 g of meat.(b) Collection of specimens1. In the case of whole carcases a specimen to be taken of approximately 2 g from a pillar of the diaphragm at the transition to the sinewy part. In the absence of diaphragm pillars a specimen of the same size to be taken from the rib part or the breastbone part of the diaphragm, from the lingual muscle or the jaw muscle or the abdominal muscles.2. For cuts of meat, a sample of approximately 2 g of skeletal muscle to be taken, containing little fat and where possible near to bones or tendons.(c) MethodApproximately 1 g of sample shall be taken from each of the 100 individual samples from the pigs. The pooled sample is put once through the mincer.The minced meat shall be placed in the 3 litre Erlenmeyer flask together with 7 g of pepsin, approximately 2 litres of tap water heated to about 37 to 40 °C, and 25 ml of concentrated hydrochloric acid. The mixture shall be shaken to dissolve the pepsin.The pH of the solution will be about 1·5 to 2.- For digestion the Erlenmeyer flask shall be incubated at 37 °C for approximately four hours. The flask shall be regularly shaken during the time of incubation, e.g. once or twice every hour.- The digested solution shall be filtered through the sieve into the conical 2 litre separation funnel and left undisturbed on the stand for at least one hour.- A total volume of approximately 45 cc shall be run out of the funnel and divided between three Petri dishes, the bottoms of which shall be marked out in 1 cm squares, with 15 ml in each dish.- Each Petri dish shall be minutely examined for larval trichinae under the microscope (around 40 × magnification).- Where larvae counting basins are employed, the 45 cc shall, be distributed between two larvae counting basins and examined under the trichinoscope.The larvae appear as identifable organisms in the deposit, and often, when the water is lukewarm, rolling and unrolling movements of the "spiral" may be observed.If an insufficiently transparent sediment forms, it shall be clarified by rinsing. The final sample of 45 ml is poured into a test tube and allowed to settle for 15 minutes. The supernatant liquid shall then be carefully removed by suction and the sediment placed into suspension in about 45 ml of tap water.After a further settling period of 15 minutes, the supernatant liquid shall again be carefully removed by suction and the sediment carefully rinsed in about 20 ml of tap water in a Petri dish, and examined.In the case of a positive or doubtful result from analysis of a collective specimen, the remaining single specimens to be analyzed individually after addition of a further 20 g from each pig, or, in the case of pieces of meat, the addition of 20 g taken from each piece, in accordance with (b) above.--------------------------------------------------ANNEX IICHAPTER ICONDITIONS FOR THE AUTHORIZATION OF TRICHINAE (TRICHINELLA SPIRALIS) LABORATORIES1. Trichinae laboratories must be situated next to the swine slaughterhouses and, if the establishment does not already possess such facilities to fulfil the other requirements of the Directive on third countries, have at least the following facilities available:(a) a lockable room adequately equipped for the preparation of specimens; its walls must be smooth and must be lined with a washable light-coloured covering or paint up to a height of 2 m. A preparation room must be provided for each method of examination used;(b) an adequately equipped lockable examination room for trichinoscopy and microscopy;(c) equipment providing adequate ventilation and, if necessary, air conditioning equipment which ensures that the room temperature does not exceed + 25 °C;(d) adequate natural or artificial lighting which does not alter colours; direct sunlight must be avoided;(e) in the preparation room, adequate equipment for cleaning and disinfecting hands;(f) equipment for darkening the examination room;(g) possibly, refrigerators in which to store meat samples;(h) a washroom for cleansing and disinfecting examination equipment (e.g. containers for samples, compressors, knives and scissors), with:- a waterproof floor-covering which is rot-proof and easy to clean and disinfect,- smooth walls which, up to a height of at least 2 m, are lined by a washable, and light-coloured covering or paint;(i) changing rooms, wash basins and rest rooms and flush lavatories;(j) wash basins with hot and cold running water, provided with cleansing and disinfecting materials and disposable towels;(k) watertight corrosion-resistant containers, with hermetically sealed lids, for collecting the samples after examination, and so designed as to prevent unauthorized removal of the contents;(l) adequate supplies of hot and cold drinking water;(m) equipment for removing waste water which fulfils the conditions for the authorization of slaughterhouses;(n) proper equipment for protection against pests (insects, rodents, etc.).CHAPTER IIREQUIREMENTS APPLICABLE TO STAFF, PREMISES, EQUIPMENT AND INSTRUMENTS IN TRICHINAE LABORATORIES2. Absolute cleanliness is required at all times of laboratory staff, premises, equipment and instruments:(a) staff must wear clean working clothes and wash their hands several times during working hours and after each break;(b) no animal may enter trichinae laboratories;(c) equipment and instruments used must be kept clean and in good repair. They must be carefully cleansed and disinfected several times during and at the end of the day's work.3. Drinking water must be used for all purposes.4. As regards health, staff taking meat samples for examination must comply with the rules in Annex B, Chapter IV (11) and (12) of Directive 72/462/EEC.5. The meat samples required for examination must be taken immediately after slaughter and examined without delay in the trichinae laboratory of the slaughterhouse.These examinations are forbidden away from the slaughterhouse in which the animals were slaughtered.6. To avoid fatigue and its consequences, inspection staff should be given short breaks during the working day.CHAPTER IIIREQUIREMENTS IN RESPECT OF TRICHINOSCOPESThe construction and design of trichinoscopes must meet the following minimum criteria:1. Simple operation.2. High light intensity:- accurate results must be obtainable even in a room which is not completely dark,- a projector bulb of 100 W (12 V) must be used as the light source.3. Adequate magnification:- normal working magnification: 50 x,- 80 to 100 x magnification for more precise assessment of objects not clearly identifiable under normal working magnification.4. Resolving power:- a clear sharp picture of well-defined colour must be obtainable at each magnification.5. Switch mechanism:- each change of magnification must be accompanied by automatic adjustment of the brightness of the image.6. Increase of contrast:- the condensor must be provided with an iris diaphragm enabling the contrast to be increased for the closer inspection of difficult cases,- the iris diaphragm must be easy to operate (e.g. control lever on the platform of the trichinoscope).7. Easy focusing:- rapid focusing by means of an adjusting ring,- precise focusing by means of a control lever.8. Voltage regulation:- so that brightness may be adjusted as required.9. One-way movement of the compressor:- an automatic blocking mechanism must ensure that the compressor moves in only one direction, to prevent unintentional displacement.10. Free view of the projector screen.11. Projector screen:- at least 54 cm in diameter,- high reflecting capability,- durable,- can be dismantled,- easy to clean.--------------------------------------------------ANNEX IIIMARKING OF MEAT WHICH HAS BEEN EXAMINED FOR TRICHINAE1. Marking of the meat must be carried out under the responsibility of the official veterinarian. For this purpose, he shall keep and maintain:- the instruments intended for marking which he may hand over to the assistant staff only at the time of marking and for the length of time required for this purpose,- the tags mentioned in paragraph 5. These tags shall be given to the assistant staff at the time when they must be used and in the required number.2. The mark must be round with a diameter of 2·5 cm. The following information must appear on the mark in perfectly legible characters:- towards the centre the capital letter "T" with arms 1 cm long and 0·2 cm wide,- under the letter "T" one of the following sets of initials: CEE, EEG, EWG, EØF or EEC. The letters must be 0·4 cm high.3. Carcases must be marked in ink or hot-branded on the inside of the thighs, in accordance with paragraph 2.4. Heads must be marked in ink or hot-branded, with a mark meeting the requirements of paragraph 2.With the exception of cuts exempt from health marking by virtue of Annex B, Chapter X (43) of Council Directive 72/462/EEC, those taken in cutting plants from carcases marked in accordance with the rules must, where they bear no stamp, be marked in accordance with paragraph 2 before the health mark is affixed.The label provided for in the second subparagraph of the abovementioned paragraph 43 must comply with the conditions of paragraph 6 below.5. Marking may also be effected by means of a round tag. This tag, to be affixed to each piece or to each carcase must not be reusable, must be made of strong materials and must meet all hygiene requirements. The following information must appear on the stamp seals in perfectly legible characters:- towards the centre the capital letter "T",- under the letter "T" one of the following sets of initials: CEE, EEG, EWG, EØF or EEC. The letters must be 0·2 cm high.6. The label provided for in Annex B, Chapter X (44) of the Directive mentioned in paragraph 4 above must, in addition to the health mark, bear a clearly legible mark identical to that provided for in paragraph 2.--------------------------------------------------ANNEX IVTHE FREEZING OF MEAT1. Meat brought in already frozen must be kept in this condition.2. The technical equipment and energy supply of the refrigerating room, must be such as to ensure that the temperature referred to under paragraph 6 is reached very rapidly and maintained in all parts of the room and of the meat.3. Insulated packaging should be removed before freezing, except for meat which has already reached throughout the temperature referred to under paragraph 6 when it is brought into the refrigeration room.4. Consignments in the refrigeration room must be kept separately and under lock.5. The date and time when each consignment is brought into the refrigeration room must be recorded.6. The temperature in the refrigeration room must be at least − 25 °C. It should be measured with calibrated thermo-electric instruments and continuously recorded. It may not be measured directly in the cold air flow. The instruments must be kept under lock. The charts must include the relevant numbers from the meat inspection register on importation and the date and time of the commencement and completion of freezing, and must be retained for one year after compilation.7. Meat with a diameter or thickness of up to 25 cm must be frozen for at least 240 consecutive hours, and meat with a diameter or thickness of between 25 and 50 cm must be frozen for at least 480 consecutive hours. This freezing process may not be applied to meat which has a larger diameter or is thicker. The freezing time shall be calculated from the point when the temperature referred to in paragraph 6 is reached in the freezing room.--------------------------------------------------


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31995L0007

Council Directive 95/7/EC of 10 April 1995 amending Directive 77/388/EEC and introducing new simplification measures with regard to value added tax - scope of certain exemptions and practical arrangements for implementing them

Official Journal L 102 , 05/05/1995 P. 0018 - 0024

COUNCIL DIRECTIVE 95/7/EC of 10 April 1995  amending Directive 77/388/EEC and introducing new simplification measures with regard to value  added tax - scope of certain exemptions and practical arrangements for implementing them THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 99  thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas the operation of the internal market can be improved by introducing common rules clarifying  the scope of, and arrangements for, applying some of the exemptions provided for in Articles 14  (1), 15, point 2, and 16 (1) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the  harmonization of the laws of the Member States relating to turnover taxes - common system of value  added tax: uniform basis of assessment  (1); whereas the introduction of such common rules is  provided for by the aforesaid Directive, and in particular Articles 14 (2) and 16 (3) thereof; Whereas Article 3 of Council Directive 92/111/EEC of 14 December 1992 amending Directive 77/388/EEC  and introducing simplification measures with regard to value added tax  (2) provides for the  adoption of special rules for the taxation of chain transactions between taxable persons; whereas  such rules must ensure not only compliance with the principle of neutrality of the common system of  value added tax as regards the origin of goods and services but also compliance with the choices  made as to the principles governing value added tax and its monitoring arrangements during the  transitional period; Whereas it is appropriate to include in the taxable amount on importation all ancillary costs  arising from the transport of goods to any place of destination in the Community since that place  is known at the time the importation is carried out; whereas, as a result, the supplies of services  in question enjoy the exemptions provided for in Article 14 (1) (i) of Directive 77/388/EEC; Whereas Article 15 (2) of that Directive provides that the Commission shall submit to the Council  proposals to establish Community tax rules specifying the scope of, and practical arrangements for  implementing, the export exemptions applicable to supplies of goods carried in the personal luggage  of travellers; Whereas it is appropriate that the period serving as a basis for calculating the adjustments  provided for by Article 20 (2) of the said Directive should be extended up to 20 years by Member  States for immovable property acquired as capital goods, bearing in mind the duration of their  economic life; Whereas Member States should be enabled to maintain the rate applicable to goods after making up  work which they carried out under a contract to make up work on 1 January 1993; Whereas the rules governing territorial application and the tax arrangements applicable in the  field of intra-Community goods-transport services function in a simple and satisfactory manner for  both traders and the authorities in the Member States; Whereas, by treating a transport operation within a Member State as an intra-Community  goods-transport operation where it is directly linked to a transport operation between Member  States, it is possible to simplify not only the principles and arrangements for taxing those  domestic transport services but also the rules applicable to ancillary services and to services  supplied by intermediaries involved in the supply of these various services; Whereas the qualification of certain works on movable property as work carried out under a contract  to make up work is a source of difficulty and should be eliminated; Whereas, with a view to facilitating intra-Community trade in the field of work on movable tangible  property, the tax arrangements applicable for these transactions should be modified when they are  carried out for a person who is identified for value added tax purposes in a Member State other  than that of their physical execution; Whereas Article 16 (1) (B) to (E) of the said Directive, taken together in particular with Article  22 (9) concerning release from obligations, makes it possible to overcome the difficulties  encountered by traders participating in transaction chains involving goods placed and kept under  warehousing arrangements; Whereas it is necessary in this connection to ensure that the tax treatment applied to supplies of  goods and the provision of services relating to certain of the goods which may be placed under  customs warehousing arrangements can also be applied to the same transactions involving goods  placed under warehousing arrangements other than customs warehousing; Whereas these transactions concern principally raw materials and other goods negotiated on  international forward markets; whereas a list of the goods covered by these provisions should be  drawn up; Whereas, subject to consultation of the Committee on Value Added Tax, the Member States are  responsible for defining those warehousing arrangements other than customs warehousing; whereas it  is necessary nevertheless to exclude in principle from such arrangements goods that are intended to  be supplied at the retail stage; Whereas it is necessary to clarify some of the rules for applying tax when goods cease to be  covered by the arrangements provided for in Article 16 (1) (B) to (E) of the said Directive,  particularly as regards the person liable for payment of the tax due; Whereas it is necessary to clarify the scope of those provisions of Article 17 (2) (a) of the said  Directive that are applicable during the transitional period referred to in Article 28 l; Whereas it is accordingly necessary to amend Directive 77/388/EEC, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 77/388/EEC is hereby amended as follows: 1.  Article 5 (5) shall be replaced by the following: '5.  Member States may consider the handing over of certain works of construction to be supplies  within the meaning of paragraph 1.`; 2.  Article 11 (B) (3) (b), third subparagraph, shall be replaced by the following: 'The incidental expenses referred to above shall also be included in the taxable amount where they  result from transport to another place of destination within the territory of the Community if that  place is known when the chargeable event occurs.`; 3.  Article 15 (2), second and third subparagraphs, shall be replaced by the following three  subparagraphs: 'In the case of the supply of goods to be carried in the personal luggage of travellers, this  exemption shall apply on condition that: -  the traveller is not established within the Community, -  the goods are transported to a destination outside the Community before the end of the third  month following that in which the supply is effected, -  the total value of the supply, including value added tax, is more than the equivalent in  national currency of ECU 175, fixed in accordance with Article 7 (2) of Directive 69/169/EEC  (*);  however, Member States may exempt a supply with a total value of less than that amount. For the purposes of applying the second subparagraph: -  a traveller not established within the Community shall be taken to mean a traveller whose  domicile or habitual residence is not situated within the Community. For the purposes of this  provision, "domicile or habitual residence" shall mean the place entered as such in a passport,  identity card or other identity documents which the Member State within whose territory the supply  takes place recognizes as valid, -  proof of exportation shall be furnished by means of the invoice or other document in lieu  thereof, endorsed by the customs office where the goods left the Community. Each Member State shall transmit to the Commission specimens of the stamps it uses for the  endorsement referred to in the second indent of the third subparagraph. The Commission shall  transmit this information to the tax authorities in the other Member States. `; 4.  in Article 20 (2), the last subparagraph shall be replaced by the following: 'In the case of immovable property acquired as capital goods, the adjustment period may be extended  up to 20 years.`; 5.  in Article 28 (2), the following point shall be added: '(h)  Member States which, on 1 January 1993, were availing themselves of the option provided for  in Article 5 (5) (a) as in force on that date, may apply to supplies under a contract to make up  work the rate applicable to the goods after making up. For the purposes of applying this provision, supplies under a contract to make up work shall be  deemed to be delivery by a contractor to his customer of movable property made or assembled by the  contractor from materials or objects entrusted to him by the customer for this purpose, whether or  not the contractor has provided any part of the materials used.`; 6.  Article 28 (a) (5) shall be amended as follows: -  the introductory sentence shall be replaced by the following: 'The following shall be treated as supplies of goods effected for consideration:`, -  (a) shall be deleted, -  the fourth indent in the second subparagraph of (b) shall be deleted, -  the fifth indent in the second subparagraph of (b) shall be replaced by the following: '-  the supply of a service performed for the taxable person and involving work on the goods in  question physically carried out in the Member State in which the dispatch or transport of the goods  ends, provided that the goods, after being worked upon, are re-dispatched to that taxable person in  the Member State from which they had initially been dispatched or transported`; 7.  Article 28b shall be amended as follows: -  in the first indent of C (1), the comma shall be replaced by a full stop and the following  subparagraph shall be added: 'The transport of goods where the place of departure and the place of arrival are situated within  the territory of the country shall be treated as intra-Community transport of goods where such  transport is directly linked to transport of goods where the place of departure and the place of  arrival are situated within the territories of two different Member States;`, -  the following section shall be added: 'F.  Place of the supply of services in the case of valuations of or work on movable tangible  property By way of derogation from Article 9 (2) (c), the place of the supply of services involving  valuations or work on movable tangible property, provided to customers identified for value added  tax purposes in a Member State other than the one where those services are physically carried out,  shall be deemed to be in the territory of the Member State which issued the customer with the value  added tax identification number under which the service was carried out for him. This derogation shall not apply where the goods are not dispatched or transported out of the Member  State where the services were physically carried out.`; 8.  in the first subparagraph of Article 28c (A) (a), 'as defined in Articles 5 and 28a (5) (a)`  shall be replaced by 'as defined in Article 5`; 9.  Article 28c (E) (1) shall be replaced by the following: '1.  In Article 16: -  paragraph 1 shall be replaced by the following: "1.  Without prejudice to other Community tax provisions, Member States may, subject to the  consultations provided for in Article 29, take special measures designed to exempt all or some of  the following transactions, provided that they are not aimed at final use and/or consumption and  that the amount of value added tax due on cessation of the arrangements on situations referred to  at A to E corresponds to the amount of tax which would have been due had each of these transactions  been taxed within the territory of the country: A.  imports of goods which are intended to be placed under warehousing arrangements other than  customs; B.  supplies of goods which are intended to be: (a)  produced to customs and, where applicable, placed in temporary storage; (b)  placed in a free zone or in a free warehouse; (c)  placed under customs warehousing arrangements or inward processing arrangements; (d)  admitted into territorial waters: -  in order to be incorporated into drilling or production platforms, for purposes of the  construction, repair, maintenance, alteration or fitting-out of such platforms, or to link such  drilling or production platforms to the mainland, -  for the fuelling and provisioning of drilling or production platforms; (e)  placed, within the territory of the country, under warehousing arrangements other than customs  warehousing. For the purposes of this Article, warehouses other than customs warehouses shall be taken to be: -  for products subject to excise duty, the places defined as tax warehouses for the purposes of  Article 4 (b) of Directive 92/12/EEC, -  for goods other than those subject to excise duty, the places defined as such by the Member  States. However, Member States may not provide for warehousing arrangements other than customs  warehousing where the goods in question are intended to be supplied at the retail stage. Nevertheless, Member States may provide for such arrangements for goods intended for: -  taxable persons for the purposes of supplies effected under the conditions laid down in Article  28k, -  tax-free shops within the meaning of Article 28k, for the purposes of supplies to travellers  taking flights or sea crossings to third countries, where those supplies are exempt pursuant to  Article 15, -  taxable persons for the purposes of supplies to travellers on board aircraft or vessels during a  flight or sea crossing where the place of arrival is situated outside the Community, -  taxable persons for the purposes of supplies effected free of tax pursuant to Article 15, point  10. The places referred to in (a), (b), (c) and (d) shall be as defined by the Community customs  provisions in force; C.  supplies of services relating to the supplies of goods referred to in B; D.  supplies of goods and of services carried out: (a)  in the places listed in B (a), (b), (c) and (d) and still subject to one of the situations  specified therein; (b)  in the places listed in B (e) and still subject, within the territory of the country, to the  situation specified therein. Where they exercise the option provided for in (a) for transactions effected in customs warehouses,  Member States shall take the measures necessary to ensure that they have defined warehousing  arrangements other than customs warehousing which permit the provisions in (b) to be applied to the  same transactions concerning goods listed in Annex J which are efected in such warehouses other  than customs warehouses; E.  supplies: -  of goods referred to in Article 7 (1) (a) still subject to arrangements for temporary  importation with total exemption from import duty or to external transit arrangements, -  of goods referred to in Article 7 (1) (b) still subject to the internal Community transit  procedure provided for in Article 33a, as well as supplies of services relating to such supplies. By way of derogation from the first subparagraph of Article 21 (1) (a), the person liable to pay  the tax due in accordance with the first subparagraph shall be the person who causes the goods to  cease to be covered by the arrangements or situations listed in this paragraph. When the removal of goods from the arrangements or situations referred to in this paragraph gives  rise to importation within the meaning of Article 7 (3), the Member State of import shall take the  measures necessary to avoid double taxation within the country.", -  the following paragraph shall be added: "1a.  Where they exercise the option provided for in paragraph 1, Member States shall take the  measures necessary to ensure that intra-Community acquisitions of goods intended to be placed under  one of the arrangements or in one of the situations referred to in paragraph 1 (B) benefit from the  same provisions as supplies of goods effected within the country under the same conditions."`; 10.  in Article 28f (1), Article 17 (2) (a) shall be replaced by the following: '(a)  value added tax due or paid within the territory of the country in respect of goods or  services supplied or to be supplied to him by another taxable person;`; 11.  in Article 28g, Article 21 (1) (b) shall be replaced by the following: '(b)  persons to whom services covered by Article 9 (2) (e) are supplied or persons who are  identified for value added tax purposes within the territory of the country to whom services  covered by Article 28b, (C), (D), (E) and (F) are supplied, if the services are carried out by a  taxable person established abroad; however, Member States may require that the supplier of services  shall be held jointly and severally liable for payment of the tax;`; 12.  Article 28h shall be amended as follows: -  Article 22 (2), (b) shall be replaced by the following: '(b)  Every taxable person shall keep a register of the goods he has dispatched or transported or  which have been dispatched or transported on his behalf out of the territory defined in Article 3  but within the Community for the purposes of the transactions referred to in the fifth, sixth and  seventh indents of Article 28a (5) (b). Every taxable person shall keep sufficiently detailed accounts to permit the identification of  goods dispatched to him from another Member State by or on behalf of a taxable person identified  for purposes of value added tax in that other Member State, in connection with which a service has  been provided pursuant to the third or fourth indent of Article 9 (2) (c);`, -  the first indent of the second subparagraph of Article 22 (3) (b) shall be replaced by the  following: '-  in the case of the transactions referred to in Article 28b (C), (D), (E) and (F), the number by  which the taxable person is identified in the territory of the country and the number by which the  customer is identified and under which the service has been rendered to him.`, -  the first subparagraph of Article 22 (6) (b) shall be replaced by the following: 'Every taxable person identified for value added tax purposes shall also submit a recapitulative  statement of the acquirers identified for value added tax purposes to whom he has supplied goods  under the conditions provided for in Article 28c (A) (a) and (d), and of consignees identified for  value added tax purposes in the transactions referred to in the fifth subparagraph.`, -  the second indent of the third subparagraph of Article 22 (6) (b) shall be replaced by the  following: '-  the number by which each person acquiring goods is identified for purposes of value added tax  in another Member State and under which the goods were supplied to him,`, -  the fifth subparagraph of Article 22 (6) (b) shall be deleted; 13.  Annex J which appears in the Annex to this Directive shall be added. Article 2 1.  Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive on 1 January 1996. They shall forthwith inform  the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall  be accompanied by such reference on the occasion of their official publication. The methods of  making such reference shall be laid down by Member States. 2.  By way of derogation from the first subparagraph of paragraph 1, Member States may take  measures by way of law, regulation or administrative action in order to bring the provisions in  Article 1 (3), (4) and (9) into force not later than 1 January 1996. However, the Federal Republic of Germany and the Grand Duchy of Luxembourg are authorized to take  measures by way of law, regulation or administrative action in order to apply the provisions in  Article 1 (9) not later than 1 January 1997. 3.  Member States shall communicate to the Commission the text of the provisions of national law  which they adopt in the field governed by this Directive. Article 3 This Directive shall enter into force on the 20th day following its publication in the  Official Journal of the European Communities. Article 4 This Directive is addressed to the Member States. Done at Luxembourg, 10 April 1995. For the Council The President A. JUPPÉ (*)  OJ No L 133, 4. 6. 1969, p. 6. Directive as last amended by Directive  94/4/EC (OJ No L 60, 3. 3. 1994, p. 14). (1)    (2)  OJ No L 384, 30. 12. 1992, p. 47.   ANNEX 'ANNEX J >TABLE>


Avis juridique important

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31978L0583

Ninth Council Directive 78/583/EEC of 26 June 1978 on the harmonization of the laws of the Member States relating to turnover taxes

Official Journal L 194 , 19/07/1978 P. 0016 - 0016 Finnish special edition: Chapter 9 Volume 1 P. 0071  Greek special edition: Chapter 09 Volume 1 P. 0096  Swedish special edition: Chapter 9 Volume 1 P. 0071  Spanish special edition: Chapter 09 Volume 1 P. 0102  Portuguese special edition Chapter 09 Volume 1 P. 0102

NINTH COUNCIL DIRECTIVE  of 26 June 1978  on the harmonization of the laws of the Member States relating to turnover taxes  (78/583/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas Article 1 of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax : uniform basis of assessment (3) lays down 1 January 1978 as the latest date for the implementation of its provisions in Member States;  Whereas Directive 77/388/EEC lays down common provisions for all fields covered by value added tax ; whereas, in many cases, it is incumbent upon the Member States to determine the conditions under which these provisions shall apply ; whereas, since the scope of Directive 77/388/EEC is so wide as to encompass a very large number of national regulations, several Member States have been unable to carry out the necessary adaptions in time to comply with Directive 77/388/EEC ; whereas these Member States have thus been unable to complete the legislative procedure necessary to adapt their legislation on value added tax within the time limit laid down;  Whereas the Member States concerned have requested an extension of the time limit for the entry into force of Directive 77/388/EEC ; whereas in this context an extension for a maximum of 12 months should be sufficient,  HAS ADOPTED THIS DIRECTIVE:    Article 1 By way of derogation from Article 1 of Directive 77/388/EEC, Denmark, Germany, France, Ireland, Italy, Luxembourg and the Netherlands are hereby authorized to implement the said Directive by 1 January 1979 at the latest.   Article 2 This Directive is addressed to Denmark, Germany, France, Ireland, Italy, Luxembourg and the Netherlands.     Done at Luxembourg, 26 June 1978.  For the Council  The President  K.B. ANDERSEN  (1)OJ No C 163, 10.7.1978, p. 68. (2)Opinion delivered on 20/21 June 1978 (not yet published in the Official Journal). (3)OJ No L 145, 13.6.1977, p. 1.


title: Directive 2008/46/EC of the European Parliament and of the Council of 23 April 2008 amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

text:
               26.4.2008

               EN

               Official Journal of the European Union

               L 114/88

      DIRECTIVE 2008/46/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 23 April 2008
   amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 137(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)

               Directive 2004/40/EC of the European Parliament and of the Council (3) establishes minimum health and safety requirements to protect workers against the risks arising from exposure to electromagnetic fields. Article 13(1) of that Directive provides that Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive no later than 30 April 2008.

               (2)

               Directive 2004/40/EC provides for action values and limit values based on the recommendations of the International Commission for Non-Ionizing Radiation Protection (ICNIRP). New scientific studies on the impact on health of exposure to electromagnetic radiation, made public after the Directive was adopted, have been brought to the attention of the European Parliament, the Council and the Commission. The results of those scientific studies are currently being examined by the ICNIRP as part of the ongoing review of its recommendations on the one hand, and by the World Health Organisation as part of the review of its environmental health criteria on the other. Those new recommendations, due to be published by the end of 2008, are likely to contain elements that could lead to substantial amendments to the action and limit values.

               (3)

               In this context, the potential impact of the implementation of Directive 2004/40/EC on the use of medical procedures based on medical imaging and certain industrial activities should be reconsidered thoroughly. A study has been launched by the Commission to assess directly and quantitatively the situation regarding medical imaging. The results of that study, which are expected in early 2008, should therefore be taken on board, in addition to the results of similar studies launched in the Member States, in order to ensure a balance between the prevention of potential risks to the health of workers and access to the benefits available from the effective use of the medical technologies in question.

               (4)

               Article 3(3) of Directive 2004/40/EC provides that the assessment, measurement and/or calculation of workers' exposure to electromagnetic fields are governed by harmonised European standards of the European Committee for Electrotechnical Standardization (Cenelec). These harmonised standards, which are essential for ensuring smooth application of the Directive, must be taken into account and are expected in 2008.

               (5)

               The time required to obtain and analyse that new information and to draw up and adopt a new proposal for a directive justifies the four-year postponement of the deadline for transposition of Directive 2004/40/EC,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   In Article 13(1) of Directive 2004/40/EC, the first subparagraph shall be replaced by the following:

      ‘1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 April 2012. They shall forthwith inform the Commission thereof.’

   Article 2
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 3
   This Directive is addressed to the Member States.

      Done at Strasbourg, 23 April 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  Opinion of 12 March 2008 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 19 February 2008 (not yet published in the Official Journal) and Council Decision of 7 April 2008.

      (3)  OJ L 159, 30.4.2004, p. 1 (corrected version in OJ L 184, 24.5.2004, p. 1). Directive as amended by Directive 2007/30/EC (OJ L 165, 27.6.2007, p. 21).