title: Commission Directive 2008/79/EC of 28 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include IPBC as an active substance in Annex I thereto (Text with EEA relevance)

text:
               29.7.2008

               EN

               Official Journal of the European Union

               L 200/12

      COMMISSION DIRECTIVE 2008/79/EC
   of 28 July 2008
   amending Directive 98/8/EC of the European Parliament and of the Council to include IPBC as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes IPBC.

               (2)

               Pursuant to Regulation (EC) No 1451/2007, IPBC has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.

               (3)

               Denmark was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 29 September 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 22 February 2008, in an assessment report.

               (5)

               It appears from the examinations made that biocidal products used as wood preservatives and containing IPBC may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include IPBC in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing IPBC can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (6)

               In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing IPBC and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, appropriate measures should be taken to protect the soil and aquatic compartments after application of the products since unacceptable risks in these compartments have been identified during the evaluation and products intended for industrial and/or professional use should be used with appropriate protective equipment if the risk identified for industrial and/or professional users cannot be reduced by other means.

               (7)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance IPBC and also to facilitate the proper operation of the biocidal products market in general.

               (8)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (9)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 8 containing IPBC to ensure that they comply with Directive 98/8/EC.

               (10)

               Directive 98/8/EC should therefore be amended accordingly.

               (11)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 30 June 2009 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 July 2010.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 28 July 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2008/31/EC (OJ L 81, 20.3.2008, p. 57).

      (2)  OJ L 325, 11.12.2007, p. 3.

      ANNEX
      The following entry ‘No 11’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common name

                     IUPAC name
                     Identification numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3)
                     (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘11

                     IPBC

                     3-iodo-2-propynyl butylcarbamate
                     EC No: 259-627-5
                     CAS No: 55406-53-6

                     980 g/kg

                     1 July 2010

                     30 June 2012

                     30 June 2020

                     8

                     Member States shall ensure that authorisations are subject to the following conditions:

                                 In view of the assumptions made during the risk assessment, products authorised for industrial and/or professional use, must be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial and/or professional users can be reduced to an acceptable level by other means.

                                 In view of the risks identified for the soil and aquatic compartments appropriate risk mitigation measures must be taken to protect those compartments. In particular, labels and/or safety data sheets of products authorised for industrial use shall indicate that freshly treated timber must be stored after treatment under shelter or on impermeable hardstanding to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm


Avis juridique important

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31986L0388

Commission Directive 86/388/EEC of 23 July 1986 amending Council Directive 83/229/EEC on the approximation of the laws of the Member States relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs

Official Journal L 228 , 14/08/1986 P. 0032 Finnish special edition: Chapter 13 Volume 15 P. 0236  Swedish special edition: Chapter 13 Volume 15 P. 0236

*****COMMISSION  DIRECTIVE  of 23 July 1986  amending Council Directive 83/229/EEC on the approximation of the laws of the Member States relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs  (86/388/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/893/EEC of 23 November 1976 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (1), and in particular Article 6 (3) thereof,  Whereas, under heading B.1 of the First Part of its Annex II, Council Directive 83/229/EEC (2) authorizes the use of bis (2-hydroxyethyl) ether [= diethyleneglycol] and ethanediol [= monoethyleneglycol] as softeners, provided that the total amount contained does not exceed 20 % and that the film in question is to be coated and used exclusively for packaging foodstuffs which are not moist, i.e. which do not contain water that is physically free at the surface;  Whereas, on the basis of the safeguard clause in Article 6 of Directive 76/893/EEC, the Federal Republic of Germany has communicated to the Commission that it intends to prohibit the use of bis (2-hydroxethyl) ether and ethanediol as a preventive measure in the interests of public health, on the grounds that these substances have been observed to migrate extensively to certain foodstuffs;  Whereas consultation of the Member States within the Standing Committee for Foodstuffs, in accordance with Article 6 (2) of Directive 76/893/EEC, and other inquiries have proved inconclusive as regards the migration phenomena in question;  Whereas the rates of migration observed are very variable, ranging from a few milligrams to several hundred milligrams per kilogram of foodstuff; whereas it has not yet been possible to identify the foodstuffs or ingredients most likely to be affected by this migration; whereas, furthermore, it appears that sources other than regenerated cellulose packaging, which have not yet been identified with any certainty, contribute to the presence of these two softeners in foodstuffs;  Whereas, in the light of these observations, the possibility of a risk to human health cannot be ruled out;  Whereas, however, a total and immediate prohibition of the two substances as envisaged by the Federal Republic of Germany would be a measure disproportionate to the possible risk; whereas, as a preventive measure, it is more appropriate to establish a maximum amount of such substances in foodstuffs in contact with regenerated cellulose film;  Whereas this amount must be calculated on the basis of toxicological data and be consistent with the principle of the inertia of materials embodied in the second indent of Article 2 of Directive 76/893/EEC;  Whereas this restriction should be regarded as a temporary measure until such time as the research on migration of these two substances to different types of foodstuffs has been completed;  Whereas, in any case, it can be concluded that use of the two substances in regenerated cellulose film does not constitute any immediate danger to human health; whereas, therefore, provision can be made for a deadline for implementation of the preventive measure contained in this Directive which will allow stocks of both packages and foodstuffs that have already been packaged to be run down;  Whereas the Member States should be left to determine the deadline for implementation in the light of both the levels of contamination observed and the dietary habits of their consumers in relation to those levels; whereas, however, a maximum deadline of 31 March 1987 is in any case adequate;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Foodstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In the First Part of Annex II, heading B.1, the text opposite the first two indents, in the column entitled 'Restrictions' in Directive 83/229/EEC is replaced by the following:  'Only for films intended to be glazed and then used for foodstuffs which are not moist, i.e. which do not contain water which is physically free at the surface.  The total amount of bis (2-hydroxyethyl) ether and ethanediol present in a foodstuff in contact with films of this type may not exceed 50 mg/kg of the foodstuff'.  Article 2  Member States shall amend their laws, regulations and administrative provisions in order to apply the limit laid down in Article 1 as from 1 April 1987 at the latest.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 23 July 1986.  For the Commission  COCKFIELD  Vice-President  (1) OJ No L 340, 9. 12. 1976, p. 19.  (2) OJ No L 123, 11. 5. 1983, p. 31.


Avis juridique important

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31986L0378

Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes

Official Journal L 225 , 12/08/1986 P. 0040 - 0042 Finnish special edition: Chapter 5 Volume 4 P. 0083  Swedish special edition: Chapter 5 Volume 4 P. 0083

*****COUNCIL  DIRECTIVE  of 24 July 1986  on the implementation of the principle of equal treatment for men and women in occupational social security schemes  (86/378/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Treaty provides that each Member State shall ensure the application of the principle that men and women should receive equal pay for equal work; whereas 'pay' should be taken to mean the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives, directly of indirectly, from his employer in respect of his employment;  Whereas, although the principle of equal pay does indeed apply directly in cases where discrimination can be determined solely on the basis of the criteria of equal treatment and equal pay, there are also situations in which implementation of this principle implies the adoption of additional measures which more clearly define its scope;  Whereas Article 1 (2) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (4) provides that, with a view to ensuring the progressive implementation of the principle of equal treatment in matters of social security, the Council, acting on a proposal from the Commission, will adopt provisions defining its substance, its scope and the arrangements for its application; whereas the Council adopted to this end Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (5);  Whereas Article 3 (3) of Directive 79/7/EEC provides that, with a view to ensuring implementation of the principle of equal treatment in occupational schemes, the Council, acting on a proposal from the Commission, will adopt provisions defining its substance, its scope and the arrangements for its application;  Whereas the principle of equal treatment should be implemented in occupational social security schemes which provide protection against the risks specified in Article 3 (1) of Directive 79/7/EEC as well as those which provide employees with any other consideration in cash or in kind within the meaning of the Treaty;  Whereas implementation of the principle of equal treatment does not prejudice the provisions relating to the protection of women by reason of maternity,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The object of this Directive is to implement, in occupational social security schemes, the principle of equal treatment for men and women, hereinafter referred to as 'the principle of equal treatment'.  Article 2  1. 'Occupational social security schemes' means schemes not governed by Directive 79/7/EEC whose purpose is to provide workers, whether employees or self-employed, in an undertaking or group of undertakings, area of economic activity or occupational sector or group of such sectors with benefits intended to supplement the benefits provided by statutory social security schemes or to replace them, whether membership of such schemes is compulsory or optional.  2. This Directive does not apply to:  (a) individual contracts,  (b) schemes having only one member,  (c) in the case of salaried workers, insurance schemes offered to participants individually to guarantee them:  - either additional benefits, or  - a choice of date on which the normal benefits will start, or a choice between several benefits.  Article 3  This Directive shall apply to members of the working population including self-employed persons, persons whose activity is interrupted by illness, matrnity, accident or involuntary unemployment and persons seeking employment, and to retired and disabled workers.  Article 4  This Directive shall apply to:  (a) occupational schemes which provide protection against the following risks:  - sickness,  - invalidity,  - old age, including early retirement,  - industrial accidents and occupational diseases,  - unemployment;  (b) occupational schemes which provide for other social benefits, in cash or in kind, and in particular survivors' benefits and family allowances, if such benefits are accorded to employed persons and thus constitute a consideration paid by the employer to the worker by reason of the latter's employment.  Article 5  1. Unter the conditions laid down in the following provisions, the principle of equal treatment implies that there shall be no discrimination on the basis of sex, either directly or indirectly, by reference in particular to marital or family status, especially as regards:  - the scope of the schemes and the conditions of access to them;  - the obligation to contribute and the calculation of contributions;  - the calculation of benefits, including supplementary benefits due in respect of a spouse or dependants, and the conditions governing the duration and retention of entitlement to benefits.  2. The principle of equal treatment shall not prejudice the provisions relating to the protection of women by reason of maternity.  Article 6  1. Provisions contrary to the principle of equal treatment shall include those based on sex, either directly or indirectly, in particular by reference to marital or family for:  (a) determining the persons who may participate in an occupational scheme;  (b) fixing the compulsory or optional nature of participation in an occupational scheme;  (c) laying down different rules as regards the age of entry into the scheme or the minimum period of employment or membership of the scheme required to obtain the benefits thereof;  (d) laying down different rules, except as provided for in subparagraphs (h) and (i), for the reimbursement of contributions where a worker leaves a scheme without having fulfilled the conditions guaranteeing him a deferred right to long-term benefits;  (e) setting different conditions for the granting of benefits of restricting such benefits to workers of one or other of the sexes;  (f) fixing different retirement ages;  (g) suspending the retention or acquisition of rights during periods of maternity leave or leave for family reasons which are granted by law or agreement and are paid by the employer;  (h) setting different levels of benefit, except insofar as may be necessary to take account of actuarial calculation factors which differ according to sex in the case of benefits designated as contribution-defined; (i) setting different levels of worker contribution;  setting different levels of employer contribution in the case of benefits designated as contribution-defined, except with a view to making the amount of those benefits more nearly equal;  (j) laying down different standards or standards applicable only to workers of a specified sex, except as provided for in subparagraphs (h) and (i), as regards the guarantee or retention of entitlement to deferred benefits when a worker leaves a scheme.  2. Where the granting of benefits within the scope of this Directive is left to the discretion of the scheme's management bodies, the latter must take account of the principle of equal treatment.  Article 7  Member States shall take all necessary steps to ensure that:  (a) provisions contrary to the principle of equal treatment in legally compulsory collective agreements, staff rules of undertakings or any other arrangements relating to occupational schemes are null and void, or may be declared null and void or amended;  (b) schemes containing such provisions may not be approved or extended by administrative measures.  Article 8  1. Member States shall take all necessary steps to ensure that the provisions of occupational schemes contrary to the principle of equal treatment are revised by 1 January 1993.  2. This Directive shall not preclude rights and obligations relating to a period of membership of an occupational scheme prior to revision of that scheme from remaining subject to the provisions of the scheme in force during that period.  Article 9  Member States may defer compulsory application of the principle of equal treatment with regard to:  (a) determination of pensionable age for the purposes of granting old-age or retirement pensions, and the possible implications for other benefits:  - either until the date on which such equality is achieved in statutory schemes,  - or, at the latest, until such equality is required by a directive.  (b) survivors' pensions until a directive requires the principle of equal treatment in statutory social security schemes in that regard;  (c) the application of the first subparagraph of Article 6 (1) (i) to take account of the different actuarial calculation factors, at the latest until the expiry of a thirteen-year period as from the notification of this Directive.  Article 10  Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves injured by failure to apply the principle of equal treatment to pursue their claims before the courts, possibly after bringing the matters before other competent authorities.  Article 11  Member States shall take all the necessary steps to protect worker against dismissal where this constitutes a response on the part of the employer to a complaint made at undertaking level or to the institution of legal proceedings aimed at enforcing compliance with the principle of equal treatment.  Article 12  1. Member States shall bring into force such laws, regulations and administrative provisions as are necessary in order to comply with this Directive at the latest three years after notification thereof (1). They shall immediately inform the Commission thereof.  2. Member States shall communicate to the Commission at the latest five years after notification of this Directive all information necessary to enable the Commission to draw up a report on the application of this Directive for submission to the Council.  Article 13  This Directive is addressed to the Member States.  Done at Brussels, 24 July 1986.  For the Council  The President  A. CLARK  (1) OJ No C 134, 21. 5. 1983, p. 7.  (2) OJ No C 117, 30. 4. 1984, p. 169.  (3) OJ No C 35, 9. 2. 1984, p. 7.  (4) OJ No L 39, 14. 2. 1976, p. 40.  (5) OJ No L 6, 10. 1. 1979, p. 24.  (1) This Directive was notified to the Member States on 30 July 1986


Important legal notice

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31999L0090

Council Directive 1999/90/EC of 15 November 1999 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs

Official Journal L 300 , 23/11/1999 P. 0019 - 0021

COUNCIL DIRECTIVE 1999/90/ECof 15 November 1999amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) Article 12(1) of Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in and imports from third countries of poulty and hatching eggs(4) lays down the rules which apply to poultry and hatching eggs destined for Member States or regions of Member States, the status of which has been recognised in accordance with Article 12(2) of the said Directive;(2) Commission Decision 93/152/EEC of 8 February 1993 laying down the criteria for vaccines to be used against Newcastle disease in the context of routine vaccinations programmes(5) applies from 1 January 1995;(3) It is appropriate, as a result, to modify Council Directive 90/539/EEC, in particular Article 12 thereof;(4) Article 11 of the Directive provides, for practical reasons, for a special regime for the intracommunity trade in very small consignments of poultry; whereas trade in ratites should, however, be included in the general provisions of the Directive;(5) It is appropriate to amend the trading rules as applied to third countries by introducing the possibility of drawing up supplementary rules for imports of poultry and hatching eggs, which offer animal health guarantees at least equivalent to those laid down in Chapter II of Directive 90/539/EEC and furthermore contain provisions for the establishing of quarantine measures;(6) It is appropriate, moreover, in the light of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6) to modify Directive 90/539/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 90/539/EEC is hereby amended as follows:1. In Article 11, the following paragraph shall be added as follows: "3. The provisions of paragraphs 1 and 2 shall not apply to consignments containing ratites or hatching eggs of ratites.";2. Article 12(1) shall be replaced by the following: "1. In the case of consignments of poultry and hatching eggs from Member States or regions of Member States which vaccinate the poultry referred to in Article 1 against Newcastle disease to a Member state or region of a Member State, the status of which has been established in accordance with paragraph 2 below, the following rules shall apply:(a) hatching eggs must come from flocks which are:- not vaccinated, or- vaccinated using inactivated vaccine, or- vaccinated using a live vaccine, provided that vaccination has taken place at least 30 days before the collection of the hatching eggs;(b) day-old chicks (including chicks intended for restocking supplies of game) must not be vaccinated against Newcastle disease, and must come from:- hatching eggs satisfying the conditions in (a), and- a hatchery where working practice ensures that such eggs are incubated at completely separate times and locations from eggs not satisfying the conditions in (a);(c) breeding and productive poultry must:- not be vaccinated against Newcastle disease, and- have been isolated for 14 days before consignment, at either a holding or a quarantine station under the supervision of the official veterinarian. In this connection, no poultry at the holding of origin or quarantine station, as applicable, may have been vaccinated against Newcastle disease during the 21 days preceding consignment and no bird which is not due for consignment may have entered the holding or the quarantine station during that time; in addition, no vaccination may be carried out in the quarantine stations, and- have undergone, during the 14 days preceding consignment, representative serological testing, with negative results, to detect Newcastle disease antibodies in accordance with detailed rules adopted pursuant to the procedure laid down in Article 32;(d) slaughter poultry must come from flocks which:- if not vaccinated against Newcastle disease, satisfy the requirements in the third indent of (c),- if vaccinated have undergone, during the 14 days preceding consignment and on the basis of a representative sample, a test to isolate Newcastle disease virus complying with detailed rules adopted in accordance with the procedure laid down in Article 32.";3. Article 12(4) shall be deleted;4. Article 26(2) shall be replaced by the following: "2. The Commission may, in accordance with the procedure laid down in Article 32, determine that the imported poultry, hatching eggs or poultry hatched from imported eggs is to be kept quarantined or isolated for a period which may not exceed two months."5. The following Article shall be added: "Article 27aNotwithstanding Articles 20, 22, 23 and 24, the Commission may, in accordance with the procedure laid down in Article 32, decide to permit on a case-by-case basis the importation of poultry and hatching eggs from third countries where such imports do not conform to the provisions of Articles 20, 22, 23 and 24. Detailed rules for such importation shall be drawn up concomitantly with the same procedure. Such rules shall offer animal health guarantees at least equivalent to the animal health guarantees offered by Chapter II of this Directive, involving compulsory quarantine and testing for Avian Influenza, Newcastle disease and any other relevant disease.";6. Article 32 shall be replaced by the following: "Article 321. The Commission shall be assisted by the Standing Veterinary Committee established by Decision 68/361/EEC(7), composed of representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions for which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.4. If 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 relating to the measures to be taken.5. The Council, acting by qualified majority, shall act on the proposal within three months of the date of referral.If, within that period, the Council indicates by qualified majority that it opposes the proposal, the Commission shall reconsider it. It may present an amended proposal to the Council, re-submit the same proposal or present a legislative proposal on the basis of the Treaty.If the Council has not adopted the proposed implementing measures or has not indicated its opposition to the proposed implementing measures by the expiry of the time limit, they shall be adopted by the Commission.";7. Article 33 shall be replaced by the following: "Article 331. The Commission shall be assisted by the Standing Veterinary Committee established by Decision 68/361/EEC, composed of representatives of the Member States and chaired by the representantives of the Commission.2. The representantive of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions for which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.4. If 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 relating to the measures to be taken.5. The Council, acting by qualified majority, shall act on the proposal within 15 days of the date of referral.If, within that period, the Council indicates by qualified majority that it opposes the proposal, the Commission shall reconsider it. It may present an amended proposal to the Council, resubmit the same proposal or present a legislative proposal on the basis of the Treaty.If the Council has not adopted the proposed implementing measures or has not indicated its opposition to the proposed implementing measures by the expiry of the time limit, they shall be adopted by the Commisision."Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. 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 a reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 15 November 1999.For the CouncilThe PresidentK. HEMILÄ(1) OJ C 15, 20.1.1996, p. 13.(2) OJ C 261, 9.9.1996, p. 187.(3) OJ C 153, 28.5.1996, p. 46.(4) OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 1994 Act of Accession.(5) OJ L 59, 12.3.1993, p. 35.(6) OJ L 184, 17.7.1999, p. 23.(7) OJ L 255, 18.10.1968, p. 23.


Avis juridique important

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31962L1633

EAEC Council: Directive amending Annexes 1 and 3 to the Directives laying down the basic standards for health protection

Official Journal 057 , 09/07/1962 P. 1633 - 1649 Finnish special edition: Chapter 5 Volume 1 P. 0007  Swedish special edition: Chapter 5 Volume 1 P. 0007  Danish special edition: Series I Chapter 1959-1962 P. 0202  English special edition: Series I Chapter 1959-1962 P. 0229

DIRECTIVE amending Annexes 1 and 3 to the Directives laying down the basic standards for health protection  THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,  Having regard to the provisions of the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof;  Having regard to the Directives laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations, issued on 2 February 1959 (Official Journal of the European Communities, No 11, 20 February 1959);  Having regard to the opinion of the specialist group appointed by the Scientific and Technical Committee from among scientific experts in the Member States;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the Economic and Social Committee;  After consulting the European Parliament;  Whereas the Directives laying down the basic standards, and in particular the Annexes thereto, must be adjusted in accordance with the most recent scientific data;  Whereas Annex 1 to the basic standards must be supplemented so as to take account of such data;  Whereas Annex 3 was drawn up in a provisional form and its amendment in the light of the further conclusions of the International Commission on Radiological Protection had been provided for;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Directives of 2 February 1959 laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations shall be amended as follows:  Annex 1 and Annex 3 shall be replaced by the Annex  1 and the Annex 3 attached to this Directive. Article 2 This Directive is addressed to all Member States.    Done at Brussels, 5 March 1962.  For the Council  The President  M. COUVE de MURVILLE     ANNEX 1 Activity below which the requirements for reporting and obtaining prior authorisation may be waived     § 1. The activities represented by hatching are those in respect of which the requirements for reporting and obtaining prior authorisation may be waived >PIC FILE= "T0050778">        § 2. The principle radioactive nuclides may be classified according to their relative radiotoxicity as follows:      (a) Very high radiotoxicity:  Sr90 + Y90, Po210, At211, Ra226, Ac227, Ra228, Th228, Th230, Th232, Np237, Pu238, Pu239, Pu240, Am241, Pu242, Cm242, Am243, Cm243, Cm244, Cm245, Cm246, Cf249, Cf250, Cf252.           (b) High radiotoxicity:  Ca45, Ca47, Fe59, Sr89, Y91, Ru106, + Rh106, I126, I129, I131, Ba140 + La140, Ce144 + Pr144, Sm151, Eu152 (13 ans), Eu154, Eu155, Tm170, Hg203, Bi206, Bi207, Pb210 + daughter products, Bi210, Bi212, Pb212, Ra223, Ra224, Th227, Ac228, Pa230, U230, U233, Th234 + Pa234, U235 (U234)*, U236, U238, Pu241, Bk249.           (c) Moderate radiotoxicity:  Na22, Na24, P32, S35, Cl36, A41, K42, Sc46, Sc47, Sc48, V48, Mn52, Mn54, Fe55, Mn56, Co57, Co58, Co58m, Co60, Ni59, Ni63, Cu64, Ni65, Zn65, Zn69, Zn69m, Ga72, As73, As74, Sc75, As76, As77, Br82, Kr85m, Rb86, Kr87, Y90, Sr91 + Y91, Sr92 + Y92, Y92, Y93, Zr93, Nb93m, Zr95 + Nb95, Nb95, Tc96, Tc97, Tc97m, Ru97, Mo99, Tc99, Ru103, Pd103 + Rh103, Ru105, Rh105, Ag105, Cd109 + Ag109, Pd109 + Ag109m, Ag110m, Ag111, Sn113, In114m, Cd115m, Cd115, Sb122, Sb124, Sb125, Sn125, Te125m, Te127m, Te127, Te129m, Te129, Ba131, Te131m, I132, Xe133, I133, Cs134, I134, Cs135, I135, Xe135, Cs136, Cs137 + Ba137m, La140, Ce141, Pr142, Ce143, Pr143, Nd147, Pm147, Pm149, Eu152 (9 h), Sm153, Gd153, Tb160, Ho166, Dy166, Er169, Tm171, Yb175, Lu177, Hf181, W181, Ta182, Re183, W185, Os185, Re186, Re188, Ir190, Os191, Pt191, Ir192, Os193, Pt193m, Pt193, Ir194, Au196, Pt197, Hg197m, Hg197, Au198, Au199, Tl200, Tl202, Pb203, Tl204, Rn220, Th231, Pa233, Np239.           (d) Slight radiotoxicity:  H3, Be7, C14, F18, Si31, A37, Cl38, Cr51, Ge71, Kr85, Tc96m, Zr97 + Nb97, Nb97, Tc99m, Rh103, In113m, In115m, Cs131, Cs134m, Nd149, Gd159, Dy165, Er171, Os191m, Pt197m, Tl201.  * Hazard depending on U234 content. m = metastable.                   § 3. In the case of natural uranium and natural thorium, the limits are set at 1 . 10-4 and 1 . 10-6 curies respectively.  By custom one curie of natural uranium corresponds to:  3 77 . 1010 dis/sec of U238,  3 77 . 1010 dis/sec of U234 and  1 77 . 109 dis/sec of U235.  By custom one curie of natural thorium corresponds to:  3 77 . 1010 dis/sec of Th232 and  3 77 . 1010 dis/sec of Th228.       § 4. In the case of the radioactive nuclides Nd144, Sm147, Rb87, In115, Re187, the requirements for reporting and obtaining prior authorisation may be waived, irrespective of the quantities used.       § 5. In the case of a mixture of radioactive nuclides of differing radiotoxicity, the radiotoxicity of the mixture is determined as follows : the ratio is calculated for each component radionuclide in the mixture, between the quantity present expressed in curies and the limit laid down in the Radiotoxicity Table in §§ 1 and 2 for the nuclide concerned. The sum of these ratios for all the nuclides in the mixture may not exceed 1.       § 6. Radionuclides not shown in the radiotoxicity groups in § 2 and the radiotoxicity of which is uncertain or unknown must be considered to belong to the highest radiotoxicity category.          ANNEX 3a A. Maximum permissible concentration (MPC) of identified radionuclides in drinking water and in air inhaled for continuous exposure of occupationally exposed persons  (Table based on values recommended by the International Commission on Radiological Protection (ICRP) in 1959) >PIC FILE= "T0050779">    >PIC FILE= "T0050780">    >PIC FILE= "T0050781">    >PIC FILE= "T0050782">    >PIC FILE= "T0050783">    >PIC FILE= "T0050784">    >PIC FILE= "T0050785">    >PIC FILE= "T0050786">    >PIC FILE= "T0050787">    >PIC FILE= "T0050788">    >PIC FILE= "T0050789">    B. Maximum permissible concentrations of identified radionuclides in DRINKING WATER and in AIR INHALED for continuous exposure of occupationally exposed persons, not shown in Table A in Annex 3  >PIC FILE= "T0050790">   C. Maximum permissible concentration for a known mixture of identified radionuclides in DRINKING WATER and in AIR INHALED for continuous exposure of occupationally exposed persons   >PIC FILE= "T0050791">   D. Maximum permissible concentration of a mixture of unidentified radionuclides in drinking water for continuous exposure of occupationally exposed persons >PIC FILE= "T0050792">    E. Maximum permissible concentration of a mixture of unidentified radionuclides in inhaled air for continuous exposure of occupationally exposed persons  >PIC FILE= "T0050793">


title: Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (Text with EEA relevance)

text:
               6.12.2008

               EN

               Official Journal of the European Union

               L 328/28

      DIRECTIVE 2008/99/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 19 November 2008
   on the protection of the environment through criminal law
   (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 175(1) 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)

               According to Article 174(2) of the Treaty, Community policy on the environment must aim at a high level of protection.

               (2)

               The Community is concerned at the rise in environmental offences and at their effects, which are increasingly extending beyond the borders of the States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate response.

               (3)

               Experience has shown that the existing systems of penalties have not been sufficient to achieve complete compliance with the laws for the protection of the environment. Such compliance can and should be strengthened by the availability of criminal penalties, which demonstrate a social disapproval of a qualitatively different nature compared to administrative penalties or a compensation mechanism under civil law.

               (4)

               Common rules on criminal offences make it possible to use effective methods of investigation and assistance within and between Member States.

               (5)

               In order to achieve effective protection of the environment, there is a particular need for more dissuasive penalties for environmentally harmful activities, which typically cause or are likely to cause substantial damage to the air, including the stratosphere, to soil, water, animals or plants, including to the conservation of species.

               (6)

               Failure to comply with a legal duty to act can have the same effect as active behaviour and should therefore also be subject to corresponding penalties.

               (7)

               Therefore, such conduct should be considered a criminal offence throughout the Community when committed intentionally or with serious negligence.

               (8)

               The legislation listed in the Annexes to this Directive contains provisions which should be subject to criminal law measures in order to ensure that the rules on environmental protection are fully effective.

               (9)

               The obligations under this Directive only relate to the provisions of the legislation listed in the Annexes to this Directive which entail an obligation for Member States, when implementing that legislation, to provide for prohibitive measures.

               (10)

               This Directive obliges Member States to provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Community law on the protection of the environment. This Directive creates no obligations regarding the application of such penalties, or any other available system of law enforcement, in individual cases.

               (11)

               This Directive is without prejudice to other systems of liability for environmental damage under Community law or national law.

               (12)

               As this Directive provides for minimum rules, Member States are free to adopt or maintain more stringent measures regarding the effective criminal law protection of the environment. Such measures must be compatible with the Treaty.

               (13)

               Member States should provide information to the Commission on the implementation of this Directive, in order to enable it to evaluate the effect of this Directive.

               (14)

               Since the objective of this Directive, namely to ensure a more effective protection of the environment, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (15)

               Whenever subsequent legislation on environmental matters is adopted, it should specify where appropriate that this Directive will apply. Where necessary, Article 3 should be amended.

               (16)

               This Directive respects the fundamental rights and observes the principles as recognised in particular by the Charter of Fundamental Rights of the European Union,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   This Directive establishes measures relating to criminal law in order to protect the environment more effectively.
   Article 2
   Definitions
   For the purpose of this Directive:

               (a)

               ‘unlawful’ means infringing:

                           (i)

                           the legislation adopted pursuant to the EC Treaty and listed in Annex A; or

                           (ii)

                           with regard to activities covered by the Euratom Treaty, the legislation adopted pursuant to the Euratom Treaty and listed in Annex B; or

                           (iii)

                           a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Community legislation referred to in (i) or (ii);

               (b)

               ‘protected wild fauna and flora species’ are:

                           (i)

                           for the purposes of Article 3(f), those listed in:

                                       —

                                       Annex IV to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (3),

                                       —

                                       Annex I to, and referred to in Article 4(2) of, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (4);

                           (ii)

                           for the purposes of Article 3(g), those listed in Annex A or B to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (5);

               (c)

               ‘habitat within a protected site’ means any habitat of species for which an area is classified as a special protection area pursuant to Article 4(1) or (2) of Directive 79/409/EEC, or any natural habitat or a habitat of species for which a site is designated as a special area of conservation pursuant to Article 4(4) of Directive 92/43/EEC;

               (d)

               ‘legal person’ means any legal entity having such status under the applicable national law, except for States or public bodies exercising State authority and for public international organisations.

         Article 3
   Offences
   Member States shall ensure that the following conduct constitutes a criminal offence, when unlawful and committed intentionally or with at least serious negligence:

               (a)

               the discharge, emission or introduction of a quantity of materials or ionising radiation into air, soil or water, which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;

               (b)

               the collection, transport, recovery or disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including action taken as a dealer or a broker (waste management), which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;

               (c)

               the shipment of waste, where this activity falls within the scope of Article 2(35) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (6) and is undertaken in a non-negligible quantity, whether executed in a single shipment or in several shipments which appear to be linked;

               (d)

               the operation of a plant in which a dangerous activity is carried out or in which dangerous substances or preparations are stored or used and which, outside the plant, causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;

               (e)

               the production, processing, handling, use, holding, storage, transport, import, export or disposal of nuclear materials or other hazardous radioactive substances which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;

               (f)

               the killing, destruction, possession or taking of specimens of protected wild fauna or flora species, except for cases where the conduct concerns a negligible quantity of such specimens and has a negligible impact on the conservation status of the species;

               (g)

               trading in specimens of protected wild fauna or flora species or parts or derivatives thereof, except for cases where the conduct concerns a negligible quantity of such specimens and has a negligible impact on the conservation status of the species;

               (h)

               any conduct which causes the significant deterioration of a habitat within a protected site;

               (i)

               the production, importation, exportation, placing on the market or use of ozone-depleting substances.

         Article 4
   Inciting, aiding and abetting
   Member States shall ensure that inciting, aiding and abetting the intentional conduct referred to in Article 3 is punishable as a criminal offence.
   Article 5
   Penalties
   Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties.
   Article 6
   Liability of legal persons
   1.   Member States shall ensure that legal persons can be held liable for offences referred to in Articles 3 and 4 where such offences have been committed for their benefit by any person who has a leading position within the legal person, acting either individually or as part of an organ of the legal person, based on:

               (a)

               a power of representation of the legal person;

               (b)

               an authority to take decisions on behalf of the legal person; or

               (c)

               an authority to exercise control within the legal person.

         2.   Member States shall also ensure that legal persons can be held liable where the lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.
   3.   Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the offences referred to in Articles 3 and 4.
   Article 7
   Penalties for legal persons
   Member States shall take the necessary measures to ensure that legal persons held liable pursuant to Article 6 are punishable by effective, proportionate and dissuasive penalties.
   Article 8
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 26 December 2010.
   When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive and a table indicating the correlation between those provisions and this Directive.
   Article 9
   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 10
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 19 November 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J.-P. JOUYET

      (1)  OJ C 10, 15.1.2008, p. 47.

      (2)  Opinion of the European Parliament of 21 May 2008 (not yet published in the Official Journal) and Council Decision of 24 October 2008.

      (3)  OJ L 206, 22.7.1992, p. 7.

      (4)  OJ L 103, 25.4.1979, p. 1.

      (5)  OJ L 61, 3.3.1997, p. 1.

      (6)  OJ L 190, 12.7.2006, p. 1.

      ANNEX A
      List of Community legislation adopted pursuant to the EC Treaty, the infringement of which constitutes unlawful conduct pursuant to Article 2(a)(i) of this Directive

                  —

                  Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (1),

                  —

                  Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (2),

                  —

                  Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (3),

                  —

                  Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (4),

                  —

                  Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (5),

                  —

                  Council Directive 77/537/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors (6),

                  —

                  Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry (7),

                  —

                  Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (8),

                  —

                  Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (9),

                  —

                  Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry (10),

                  —

                  Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (11),

                  —

                  Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry (12),

                  —

                  Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants (13),

                  —

                  Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane (14),

                  —

                  Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide (15),

                  —

                  Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (16),

                  —

                  Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (17),

                  —

                  Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos (18),

                  —

                  Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (19),

                  —

                  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (20),

                  —

                  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (21),

                  —

                  Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (22),

                  —

                  Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (23),

                  —

                  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (24),

                  —

                  Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonising the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry (25),

                  —

                  Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft: the provisions amended by Directive 2003/44/EC (26),

                  —

                  European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (27),

                  —

                  European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (28),

                  —

                  Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (29),

                  —

                  Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (30),

                  —

                  Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (31),

                  —

                  Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (32),

                  —

                  Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (33),

                  —

                  Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (34),

                  —

                  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (35),

                  —

                  Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (36),

                  —

                  Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (37),

                  —

                  Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (38),

                  —

                  Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (39),

                  —

                  Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (40),

                  —

                  Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels (41),

                  —

                  Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end of life vehicles (42),

                  —

                  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (43),

                  —

                  Directive 2000/69/EC of the European Parliament and of the Council of 16 November 2000 relating to limit values for benzene and carbon monoxide in ambient air (44),

                  —

                  Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (45),

                  —

                  Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (46),

                  —

                  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms (47),

                  —

                  Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (48),

                  —

                  Directive 2002/3/EC of the European Parliament and of the Council of 12 February 2002 relating to ozone in ambient air (49),

                  —

                  Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (50),

                  —

                  Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (51),

                  —

                  Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (52),

                  —

                  Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (53),

                  —

                  Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants (54),

                  —

                  Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (55),

                  —

                  Commission Directive 2005/78/EC of 14 November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV and VI thereto (56),

                  —

                  Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality (57),

                  —

                  Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (58),

                  —

                  Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (59),

                  —

                  Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries (60),

                  —

                  Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles (61),

                  —

                  Directive 2006/44/EC of the European Parliament and of the Council of 6 September 2006 on the quality of fresh waters needing protection or improvement in order to support fish life (62),

                  —

                  Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators (63),

                  —

                  Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (64),

                  —

                  Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (65),

                  —

                  Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (66),

                  —

                  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (67),

                  —

                  Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (68),

                  —

                  Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (69).

         (1)  OJ L 76, 6.4.1970, p. 1.

         (2)  OJ L 190, 20.8.1972, p. 1.

         (3)  OJ L 194, 25.7.1975, p. 23.

         (4)  OJ L 31, 5.2.1976, p. 1.

         (5)  OJ L 262, 27.9.1976, p. 201.

         (6)  OJ L 220, 29.8.1977, p. 38.

         (7)  OJ L 54, 25.2.1978, p. 19.

         (8)  OJ L 33, 8.2.1979, p. 36.

         (9)  OJ L 103, 25.4.1979, p. 1.

         (10)  OJ L 81, 27.3.1982, p. 29.

         (11)  OJ L 291, 24.10.1983, p. 1.

         (12)  OJ L 74, 17.3.1984, p. 49.

         (13)  OJ L 188, 16.7.1984, p. 20.

         (14)  OJ L 274, 17.10.1984, p. 11.

         (15)  OJ L 87, 27.3.1985, p. 1.

         (16)  OJ L 181, 4.7.1986, p. 6.

         (17)  OJ L 181, 4.7.1986, p. 16.

         (18)  OJ L 85, 28.3.1987, p. 40.

         (19)  OJ L 117, 8.5.1990, p. 1.

         (20)  OJ L 135, 30.5.1991, p. 40.

         (21)  OJ L 230, 19.8.1991, p. 1.

         (22)  OJ L 375, 31.12.1991, p. 1.

         (23)  OJ L 377, 31.12.1991, p. 20.

         (24)  OJ L 206, 22.7.1992, p. 7.

         (25)  OJ L 409, 31.12.1992, p. 11.

         (26)  OJ L 214, 26.8.2003, p. 18.

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

         (28)  OJ L 365, 31.12.1994, p. 24.

         (29)  OJ L 235, 17.9.1996, p. 25.

         (30)  OJ L 243, 24.9.1996, p. 31.

         (31)  OJ L 296, 21.11.1996, p. 55.

         (32)  OJ L 10, 14.1.1997, p. 13.

         (33)  OJ L 59, 27.2.1998, p. 1.

         (34)  OJ L 61, 3.3.1997, p. 1.

         (35)  OJ L 123, 24.4.1998, p. 1.

         (36)  OJ L 350, 28.12.1998, p. 58.

         (37)  OJ L 330, 5.12.1998, p. 32.

         (38)  OJ L 85, 29.3.1999, p. 1.

         (39)  OJ L 163, 29.6.1999, p. 41.

         (40)  OJ L 182, 16.7.1999, p. 1.

         (41)  OJ L 121, 11.5.1999, p. 13.

         (42)  OJ L 269, 21.10.2000, p. 34.

         (43)  OJ L 327, 22.12.2000, p. 1.

         (44)  OJ L 313, 13.12.2000, p. 12.

         (45)  OJ L 332, 28.12.2000, p. 91.

         (46)  OJ L 244, 29.9.2000, p. 1.

         (47)  OJ L 106, 17.4.2001, p. 1.

         (48)  OJ L 309, 27.11.2001, p. 1.

         (49)  OJ L 67, 9.3.2002, p. 14.

         (50)  OJ L 37, 13.2.2003, p. 19.

         (51)  OJ L 37, 13.2.2003, p. 24.

         (52)  OJ L 23, 26.1.2005, p. 3.

         (53)  OJ L 104, 8.4.2004, p. 1.

         (54)  OJ L 158, 30.4.2004, p. 7.

         (55)  OJ L 275, 20.10.2005, p. 1.

         (56)  OJ L 313, 29.11.2005, p. 1.

         (57)  OJ L 64, 4.3.2006, p. 37.

         (58)  OJ L 64, 4.3.2006, p. 52.

         (59)  OJ L 114, 27.4.2006, p. 9.

         (60)  OJ L 102, 11.4.2006, p. 15.

         (61)  OJ L 161, 14.6.2006, p. 12.

         (62)  OJ L 264, 25.9.2006, p. 20.

         (63)  OJ L 266, 26.9.2006, p. 1.

         (64)  OJ L 372, 27.12.2006, p. 19.

         (65)  OJ L 161, 14.6.2006, p. 1.

         (66)  OJ L 190, 12.7.2006, p. 1.

         (67)  OJ L 171, 29.6.2007, p. 1.

         (68)  OJ L 316, 4.12.2007, p. 6.

         (69)  OJ L 24, 29.1.2008, p. 8.

      ANNEX B
      List of Community Legislation adopted pursuant to the Euratom Treaty, the infringement of which constitutes unlawful conduct pursuant to Article 2(a)(ii) of this Directive

                  —

                  Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (1);

                  —

                  Council Directive 2003/122/Euratom of 22 December 2003 on the control of high-activity sealed radioactive sources and orphan sources (2);

                  —

                  Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel (3).

         (1)  OJ L 159, 29.6.1996, p. 1.

         (2)  OJ L 346, 31.12.2003, p. 57.

         (3)  OJ L 337, 5.12.2006, p. 21.