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31977L0799

Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation

Official Journal L 336 , 27/12/1977 P. 0015 - 0020 Finnish special edition: Chapter 9 Volume 1 P. 0064  Greek special edition: Chapter 09 Volume 1 P. 0086  Swedish special edition: Chapter 9 Volume 1 P. 0064  Spanish special edition: Chapter 09 Volume 1 P. 0094  Portuguese special edition Chapter 09 Volume 1 P. 0094

COUNCIL DIRECTIVE  of 19 December 1977  concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation  (77/799/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas practices of tax evasion and tax avoidance extending across the frontiers of Member States lead to budget losses and violations of the principle of fair taxation and are liable to bring about distortions of capital movements and of conditions of competition ; whereas they therefore affect the operation of the common market;  Whereas, for these reasons the Council adopted on 10 February 1975 a resolution on the measures to be taken by the Community in order to combat international tax evasion and avoidance (3);  Whereas the international nature of the problem means that national measures, whose effect does not extend beyond national frontiers, are insufficient ; whereas collaboration between administrations on the basis of bilateral agreements is also unable to counter new forms of tax evasion and avoidance, which are increasingly assuming a multinational character;  Whereas collaboration between tax administrations within the Community should therefore be strengthened in accordance with common principles and rules;  Whereas the Member States should, on request, exchange information concerning particular cases ; whereas the State so requested should make the necessary enquiries to obtain such information;  Whereas the Member States should exchange, even without any request, any information which appears relevant for the correct assessment of taxes on income and on capital, in particular where there appears to be an artificial transfer of profits between enterprises in different Member States or where such transactions are carried out between enterprises in two Member States through a third country in order to obtain tax advantages, or where tax has been or may be evaded or avoided for any reason whatever;  Whereas it is important that officials of the tax administration of one Member State be allowed to be present in the territory of another Member State if both the States concerned consider it desirable;  (1)OJ No C 293, 13.12.1976, p. 34. (2)OJ No C 56, 7.3.1977, p. 66. (3)OJ No C 35, 14.2.1975, p. 1.   Whereas care must be taken to ensure that information provided in the course of such collaboration is not disclosed to unauthorized persons, so that the basic rights of citizens and enterprises are safeguarded ; whereas it is therefore necessary that the Member States receiving such information should not use it, without the authorization of the Member State supplying it, other than for the purposes of taxation or to facilitate legal proceedings for failure to observe the tax laws of the receiving State ; whereas it is also necessary that the receiving States afford the information the same degree of confidentiality which it enjoyed in the State which provided it, if the latter so requires;  Whereas a Member State which is called upon to carry out enquiries or to provide information shall have the right to refuse to do so where its laws or administrative practices prevent its tax administration from carrying out these enquiries or from collecting or using this information for its own purposes, or where the provision of such information would be contrary to public policy or would lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or where the Member State for which the information is intended is unable for practical or legal reasons to provide similar information;  Whereas collaboration between the Member States and the Commission is necessary for the permanent study of cooperation procedures and the pooling of experience in the fields considered, and in particular in the field of the artificial transfer of profits within groups of enterprises, with the aim of improving those procedures and of preparing appropriate Community rules,  HAS ADOPTED THIS DIRECTIVE:    Article 1 General provisions  1. In accordance with the provisions of this Directive the competent authorities of the Member States shall exchange any information that may enable them to effect a correct assessment of taxes on income and on capital.  2. There shall be regarded as taxes on income and on capital, irrespective of the manner in which they are levied, all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the disposal of movable or immovable property, taxes on the amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation.  3. The taxes referred to in paragraph 2 are at present, in particular:  in Belgium:  Impôt des personnes physiques/Personenbelasting  Impôt des sociétés/Vennootschapsbelasting  Impôt des personnes morales/Rechtspersonenbelasting  Impôt des non-résidents/Belasting der niet-verblijfhouders  in Denmark:  Indkomstskaten til staten  Selsskabsskat  Den kommunale indkomstskat  Den amtskommunale indkomstskat  Folkepensionsbidragene  Sømandsskatten  Den særlige indkomstskat  Kirkeskatten  Formueskatten til staten  Bidrag til dagpengefonden  in Germany:  Einkommensteuer  Körperschaftsteuer  Vermögensteuer  Gewerbesteuer  Grundsteuer  in France:  Impôt sur le revenu  Impôt sur les sociétés  Taxe professionnelle  Taxe foncière sur les propriétés bâties  Taxe foncière sur les propriétés non bâties  in Ireland:  Income tax  Corporation tax  Capital gains tax  Wealth tax  in Italy:  Imposta sul reddito delle persone fisiche  Imposta sul reddito delle persone giuridiche  Imposta locale sui redditi  in Luxembourg:  Impôt sur le revenu des personnes physiques  Impôt sur le revenu des collectivités  Impôt commercial communal  Impôt sur la fortune  Impôt foncier  in the Netherlands:  Inkomstenbelasting  Vennootschapsbelasting  Vermogensbelasting  in the United Kingdom:  Income tax  Corporation tax  Capital gains tax  Petroleum revenue tax  Development land tax  4. Paragraph 1 shall also apply to any identical or similar taxes imposed subsequently, whether in addition to or in place of the taxes listed in paragraph 3. The competent authorities of the Member States shall inform one another and the Commission of the date of entry into force of such taxes.  5. The expression "competent authority" means:  in Belgium:  De minister van financiën or an authorized representative  Le ministre des finances or an authorized representative  in Denmark:  Ministeren for skatter og afgifter or an authorized representative  in Germany:  Der Bundesminister der Finanzen or an authorized representative  in France:  Le ministre de l'économie or an authorized representative  in Ireland:  The Revenue Commissioners or their authorized representative  in Italy:  Il Ministro per le finanze or an authorized representative  in Luxembourg:  Le ministre des finances or an authorized representative  in the Netherlands:  De minister van financiën or an authorized representative  in the United Kingdom:  The Commissioners of Inland Revenue or their authorized representative   Article 2 Exchange on request  1. The competent authority of a Member State may request the competent authority of another Member State to forward the information referred to in Article 1 (1) in a particular case. The competent authority of the requested State need not comply with the request if it appears that the competent authority of the State making the request has not exhausted its own usual sources of information, which it could have utilized, according to the circumstances, to obtain the information requested without running the risk of endangering the attainment of the sought after result.  2. For the purpose of forwarding the information referred to in paragraph 1, the competent authority of the requested Member State shall arrange for the conduct of any enquiries necessary to obtain such information.   Article 3 Automatic exchange of information  For categories of cases which they shall determine under the consultation procedure laid down in Article 9, the competent authorities of the Member States shall regularly exchange the information referred to in Article 1 (1) without prior request.   Article 4 Spontaneous exchange of information  1. The competent authority of a Member State shall without prior request forward the information  referred to in Article 1 (1), of which it has knowledge, to the competent authority of any other Member State concerned, in the following circumstances:    (a) the competent authority of the one Member State has grounds for supposing that there may be a loss of tax in the other Member State;       (b) a person liable to tax obtains a reduction in or an exemption from tax in the one Member State which would give rise to an increase in tax or to liability to tax in the other Member State;       (c) business dealings between a person liable to tax in a Member State and a person liable to tax in another Member State are conducted through one or more countries in such a way that a saving in tax may result in one or the other Member State or in both;       (d) the competent authority of a Member State has grounds for supposing that a saving of tax may result from artificial transfers of profits within groups of enterprises;       (e) information forwarded to the one Member State by the competent authority of the other Member State has enabled information to be obtained which may be relevant in assessing liability to tax in the latter Member State.         2. The competent authorities of the Member States may, under the consultation procedure laid down in Article 9, extend the exchange of information provided for in paragraph 1 to cases other than those specified therein.  3. The competent authorities of the Member States may forward to each other in any other case, without prior request, the information referred to in Article 1 (1) of which they have knowledge.   Article 5 Time limit for forwarding information  The competent authority of a Member State which, under the preceding Articles, is called upon to furnish information, shall forward it as swiftly as possible. If it encounters obstacles in furnishing the information or if it refuses to furnish the information, it shall forthwith inform the requesting authority to this effect, indicating the nature of the obstacles or the reasons for its refusal.   Article 6 Collaboration by officials of the State concerned  For the purpose of applying the preceding provisions, the competent authority of the Member State providing the information and the competent authority of the Member State for which the information is intended may agree, under the consultation procedure laid down in Article 9, to authorize the presence in the first Member State of officials of the tax administration of the other Member State. The details for applying this provision shall be determined under the same procedure.   Article 7 Provisions relating to secrecy  1. All information made known to a Member State under this Directive shall be kept secret in that State in the same manner as information received under its domestic legislation.  In any case, such information:    - may be made available only to the persons directly involved in the assessment of the tax or in the administrative control of this assessment,       - may in addition be made known only in connection with judicial proceedings or administrative proceedings involving sanctions undertaken with a view to, or relating to, the making or reviewing the tax assessment and only to persons who are directly involved in such proceedings ; such information may, however, be disclosed during public hearings or in judgements if the competent authority of the Member State supplying the information raises no objection,       - shall in no circumstances be used other than for taxation purposes or in connection with judicial proceedings or administrative proceedings involving sanctions undertaken with a view to, or in relation to, the making or reviewing the tax assessment.         2. Paragraph 1 shall not oblige a Member State whose legislation or administrative practice lays down, for domestic purposes, narrower limits than those contained in the provisions of that paragraph, to provide information if the State concerned does not undertake to respect those narrower limits.   3. Notwithstanding paragraph 1, the competent authorities of the Member State providing the information may permit it to be used for other purposes in the requesting State, if, under the legislation of the informing State, the information could, in similar circumstances, be used in the informing State for similar purposes.  4. Where a competent authority of a Member State considers that information which it has received from the competent authority of another Member State is likely to be useful to the competent authority of a third Member State, it may transmit it to the latter competent authority with the agreement of the competent authority which supplied the information.   Article 8 Limits to exchange of information  1. This Directive shall impose no obligation to have enquiries carried out or to provide information if the Member State, which should furnish the information, would be prevented by its laws or administrative practices from carrying out these enquiries or from collecting or using this information for its own purposes.  2. The provision of information may be refused where it would lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy.  3. The competent authority of a Member State may refuse to provide information where the State concerned is unable, for practical or legal reasons, to provide similar information.   Article 9 Consultations  1. For the purposes of the implementation of this Directive, consultations shall be held, if necessary in a Committee, between:    - the competent authorities of the Member States concerned at the request of either, in respect of bilateral questions,       - the competent authorities of all the Member States and the Commission, at the request of one of those authorities or the Commission, in so far as the matters involved are not solely of bilateral interest.         2. The competent authorities of the Member States may communicate directly with each other. The competent authorities of the Member States may by mutual agreement permit authorities designated by them to communicate directly with each other in specified cases or in certain categories of cases.  3. Where the competent authorities make arrangements on bilateral matters covered by this Directive other than as regards individual cases, they shall as soon as possible inform the Commission thereof. The Commission shall in turn notify the competent authorities of the other Member States.   Article 10 Pooling of experience  The Member States shall, together with the Commission, constantly monitor the cooperation procedure provided for in this Directive and shall pool their experience, especially in the field of transfer pricing within groups of enterprises, with a view to improving such cooperation and, where appropriate, drawing up a body of rules in the fields concerned.   Article 11 Applicability of wider-ranging provisions of assistance  The foregoing provisions shall not impede the fulfilment of any wider obligations to exchange information which might flow from other legal acts.   Article 12 Final provisions  1. Member States shall bring into force the necessary laws, regulations and administrative provisions in order to comply with this Directive not later than 1 January 1979 and shall forthwith communicate them to the Commission.  2. Member States shall communicate to the Commission the texts of any important provisions of  national law which they subsequently adopt in the field covered by this Directive.   Article 13 This Directive is addressed to the Member States.     Done at Brussels, 19 December 1977.  For the Council  The President  G. GEENS


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31986L0296

Council Directive 86/296/EEC of 26 May 1986 on the approximation of the laws of the Member States relating to falling-object protective structures (FOPS) for certain construction plant

Official Journal L 186 , 08/07/1986 P. 0010 - 0018 Finnish special edition: Chapter 13 Volume 15 P. 0171  Swedish special edition: Chapter 13 Volume 15 P. 0171

COUNCIL DIRECTIVEof 26 May 1986on the approximation of the laws of the Member States relating  to falling-object protective structures (FOPS) for certain construction plant(86/296/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the  European Economic Community, and in particular Article 100 thereof,Having regard to the proposal  from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard  to the opinion of the Economic and Social Committee (3),Whereas in some Member States the design,  construction and testing of falling-object protective structures for certain categories of  construction plant under certain conditions of use are the subject of national provisions requiring  these protective structures to comply with special technical criteria and undergo specific tests;  whereas this situation is likely to create barriers to intra-Community trade; whereas it is  therefore necessary to approximate these provisions;Whereas Council Directive 84/532/EEC of 17  September 1984 on the approximation of the laws of the Member States relating to common provisions  for construction plant and equipment (4) has defined a series of joint procedures - in particular,  EEC type-approval, EEC-type examination and EEC self-certification - for the placing on the market  and bringing into service of such construction plant; whereas provision should be made for the EEC  type-examination procedure, coupled with an EEC inspection procedure, in respect of falling-object  protective structures for certain construction plant; whereas, moreover, it is necessary to make  provision for this construction plant to be designed with attachment points, so that it can be  fitted with the corresponding EEC protective structures;Whereas this Directive is a separate  Directive within the meaning of the second paragraph of Article 3 of Directive 84/532/EEC;Whereas  the laboratory tests, performance criteria and deflection-limiting volume are laid down by ISO  international standards; whereas reference should therefore be made to these existing standards; Whereas technical progress necessitates rapid adaptation of the technical requirements; whereas  the procedure laid down in Article 24 of Directive 84/532/EEC should therefore be adopted for such  adaptations of this Directive,HAS ADOPTED THIS DIRECTIVE:Article 1This  Directive applies to falling-object protective structures (FOPS) for the construction plant listed  under 2.1 in ISO standard 3449, third edition of 15 April 1984, hereinafter referred to as ISO  standard 3449/3.Article 21.  Member States shall take all necessary steps to ensure  that:(afalling-object protective structures cannot be placed on the market unless they comply with  this Directive and the type of structure which has satisfied EEC type-examination in accordance  with Directive 84/532/EEC.These protective structures shall hereinafter be referred to as EEC  protective structures;(bthe construction plant referred to in Article 1 cannot be placed on the  market unless it is designed to be fitted with an EEC protective structure. Plant shall be  considered to be designed to be fitted with an EEC protective structure if it is provided with a  roll-over protective structure (ROPS) to which the aforesaid EEC protective structure can be  fitted.2.  Member States may stipulate that, when used in certain normal conditions where the use  of a falling-object protective structure is justified, the construction plant referred to in  Article 1 may not be put into service or used unless fitted with an EEC protective  structure.Article 31.  The approved bodies referred to in Article 9 of Directive 84/532/EEC shall  not issue an EEC type-exami-nation certificate unless the type of EEC protective structure  complies with the provisions of Annex I to this Directive.The EEC type-examination tests may be  performed in the manufacturer's laboratory under the supervision of the approved body.2.  All  applications for EEC type-examination in respect of an EEC protective structure shall be  accompanied by an information document conforming to the model in Annex II to this Directive.3.   For each type of EEC protective structure that has undergone the tests and examinations provided  for in Annex I to this Directive, the approved body shall draw up a test report conforming to the  model in Annex III to this Directive and shall issue an EEC type-examination certificate conforming  to the model in Annex V to this Directive, by way of derogation from Directive 84/532/EEC.4.  By  way of derogation from section 4.2 of Annex I to Directive 84/532/EEC, only Member States and the  Commission may obtain the test report, part A, referred to in Annex III to this Directive, and,  where appropriate, the technical data in part B.The approved body which has issued the EEC  type-examination certificate shall forward the above document upon a duly substantiated request by  a Member State or the Commission.Article 41.  Each EEC protective structure shall be accompanied  by a certificate of conformity in accordance with Article 18 (1) of Directive 84/532/EEC.2.  The  manufacturer of the EEC protective structure shall affix to each structure a legible, permanent and  indelible EEC conformity mark, a model of which is contained in Annex IV, and shall attach to the  structure a label in accordance with section 8 of ISO standard 3449/3.Article 51.  When it is  proposed to commence production of protective structures for which an EEC type-examination  certificate has been issued, the manufacturer or his authorized representative established in the  Community shall:(ainform the approved body which issued the EEC type-examination certificate of:the  place of manufacture, and/or the place of warehousing within the Community,the date of commencement  of production and/or import;(ballow representatives of the approved body access for the purpose of  checking to the said places of manufacture or warehousing and provide all necessary information  relevant to such checks; (cmake available, at the request of the approved body and within a reasonable period, a sample  selected by that body for checking purposes.2.  The holder of the EEC mark shall arrange for  production to be checked so as to verify on a continuous and adequate basis that the EEC protective  structures manufactured conform to the type tested as regards the materials used and the quality of  workmanship.Article 61.  Each approved body shall, if appropriate in accordance with instructions  from the Member State which approved it, carry out spot checks to see whether the EEC protective  structures being manufactured conform to the type for which it issued the EEC type-examination  certificate.These checks shall enable the approved body to ascertain whether the manufacturer is in  fact carrying out the conformity check referred to in Article 5 (2).The approved body may also  request and itself select a sample for checking purposes. A second test in accordance with Annex I,  involving destroying the EEC protective structure and possibly the chassis, shall be performed only  if there are reasonable grounds for assuming that the structure does not comply with the  performance requirements for the approved type.2.  If the place of manufacture is situated in a  Member State other than that of the approved body which grantedthe EEC type-examination  certificate, that body may collaborate with the approved body in the Member State in which the  abovementioned checks are to take place.The same shall apply to warehouses.3.  Each approved body  may on its own responsibility delegate the task of performing the checking tests and operations to  one or more laboratories.Article 71.  If the checks referred to in Article 6 reveal that EEC  protective structures do not conform to the type for which the EEC type-examination certificate was  granted, or that not all the requirements of this Directive have been fulfilled, the approved body  shall take one of the following measures against the holder of the EEC mark:(aa warning, with a  request that the infringements noted shall cease within a given period;(ba warning as referred to  in (a), but accompanied by a larger number of checks; (ctemporary suspension of the EEC type-examination certificate;(dwithdrawal of the EEC  type-examination certificate.These measures may be taken only by the approved body which granted  the EEC type-examination certificate.2.  The first two measures shall be taken where the  disparities do not affect the basic design of the EEC protective structures or where the  infringements are minor ones and in no way impair safety.One of the last two measures shall be  taken where the disparities or infringements noted are substantial and in all cases where they  represent a safety hazard.3.  Temporary suspension or withdrawal of the EEC type-examination  certificate shall be notified without delay to the other approved bodies and to the Member  States.Article 81.  N° Member State may, on grounds relating to the requirements laid down in  this Directive, refuse, prohibit or restrict the marketing, placing into service or use of EEC  protective structures.2.  N° Member State may, on grounds relating to the requirements laid down in  this Directive, refuse, prohibit or restrict the marketing, placing into service or use of  construction plant as defined in Article 1 if it is fitted or designed to be fitted with an  appropriate EEC protective structure.Article 91.  Any amendments necessary to adapt the Annexes  to this Directive to technical progress shall be adopted inaccordance with the procedure laid down  in Article 24 of Directive 84/532/EEC.2.  The procedure laid down in Article 21 of Directive  84/532/EEC shall not be applicable.Article 10The provisions of this Directive shall not affect  the Member States' entitlement to lay down, with due observance of the Treaty, the requirements  they deem necessary to ensure that workers are protected when using the equipment in question,  provided that this does not mean that the equipment is modified in a way not specified in the  Directive.Article 111.  Member States shall adopt and publish the laws, regulations and  administrative provisions necessary in order to comply with this Directive within 36 months of its  notification (1) and shall forthwith inform the Commission thereof.They shall bring these  provisions into force 48 months after notification of this Directive.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 12This Directive is addressed to the Member  States.Done at Brussels, 26 May 1986.For the Council, The PresidentG. BRAKS(1) OJ N° C 104, 28. 4. 1984, p. 39. (2) OJ N° C 197, 4. 8. 1980, p. 62. (3) OJ N° C 205, 11. 8. 1980, p. 27. (4) OJ N° L 300, 19. 11. 1984, p. 111. (1) This Directive was notified to the Member States on 2 June 1986.  ANNEX I1.  The EEC protective structure must, as regards the laboratory tests and  performance requirements, comply with international standard ISO 3449, third edition, 15 April  1984, on the basis of the deflection-limiting volume defined in international standard ISO 3164,  second edition, 1 November 1979, as amended by amendment N° 1 of1 December 1980.2.  The following  standards are referred to in ISO standard 3449/3:ISO standard 3471, second edition, 15 September  1980,ISO standard 3164, second edition, 1 November 1979, as amended by amendment N° 1 of 1 December  1980,ISO standard 6165, 1978 edition,ISO standard 898/1, 1978 edition,ISO standard 898/2, 1980  edition.  ANNEX IIIMODEL TEST REPORT CONCERNING A FALLING-OBJECT PROTECTIVE STRUCTURE (FOPS) FOR  CONSTRUCTION PLANTTest Report No:Name and address of approved body: Name and address of laboratory  which carried out the test: Name of person who carried out the test: PART A1.Description of the  FOPS - chassis combination1.1.Construction plant on the chassis of which the test was carried  out1.1.1.Name and address of manufacturer and, where appropriate, name and address of  manufacturer's authorized representative:1.1.2.Model:1.1.3.Trade mark or name, and type  designation:1.1.4.Serial number (where applicable):1.1.5.Component number of  chassis:1.2.Falling-object protective structure1.2.1.Name and address of manufacturer and, where  appropriate, name and address of manufacturer's authorized representative:1.2.2.Trade mark or name,  and type designation:1.2.3.Serial number (where applicable):1.2.4.Number of protective  structure:2.Information provided by manufacturerArrangement of the deflection-limiting volume DLV  according to drawing No(accurate 1 : 10 scale drawing attached to test report. Side and front views  of the falling-object protective structure and of the surrounding parts, with indication of seat  and deflection-limiting volume DLV in the correct positions. Indication of main dimensions of  falling-object protective structure).3.Confirmation3.1.The minimum performance requirements  specified in ISO standard 3449, third edition, 15 April 1984, were satisfied in this test.3.2.Date  of test: PART B1.Test-piece1.1.Shape of test-piece1.1.1.According to Figure 6 of ISO standard 3449, third  edition, 15 April 1984Diameter...................... mm, length.................. mm, mass kg1.1.2.Sphere, diameter mm, mass kg1.2.Height of fall of test-piece mm2.Photographs  (photographs of the test up taken from the front or rear and from the side)2.1.Before  loading2.2.After loading3.Test results3.1.The falling-object protective structure absorbed: J of  energy without penetration of the deflection-limiting volume (DLV) by any part of the  falling-object protective strucutre3.2.Material temperature3.2.1.During the test the temperature of  the falling-object protective structure and of the chassis was °C, or the metal parts of the  falling-object protective structure attained in accordance with EURONORM 45-63, the Charpy V-notch  impact strength values with J, at  30 °C in the case of the×  mm test piece.3.2.2.Strength  classification of the nuts and bolts used:nuts:  bolts:  ANNEX IVEEC MARK OF CONFORMITYThe EEC mark provided for in Article 4 (2) of this  Directive is a stylized letter aa in a hexagon which contains:in the upper part, the serial number  of the separate Directive allocated according to the chronological order of adoption, the capital  letter(s) identifying the State whose approved body issued the certificate (B for Belgium, D for Federal Republic of Germany, DK for Denmark, F for France, I for Italy, IRL for Ireland, L  for Luxembourg, NL for the Netherlands, UK for the United Kingdom, EL for Greece, ES for Spain, P  for Portugal) and the two final figures of the year of issue of the EEC type-examination  certificate; the number of the separate Directive to which the EEC type-examination certificate  refers will be allocated by the Council when this Directive is adopted,in the lower part, the  number of the EEC type-examination certificate.An example of this mark is shown below:Example: >START OF GRAPHIC>EEC type-examination certificate granted in 1979 by an approved <?ss>body in the  Federal Republic of Germany, pursuant to this <?ss>Directive.<?aa2A><?aeIL12,>EEC type-examination  certificate No<?aa1A"END OF GRAPHIC>The diameter of the circle surrounding the mark must not be  less than 20 mm.The mark of conformity must be affixed at a point immediately adjacent to or on the  identification plate.Where a roll-over protective structure and a falling-object protective  structure are combined (ROPS and FOPS) the two corresponding marks of conformity must appear  immediately adjacent to each other.  ANNEX VMODEL EEC TYPE-EXAMINATION CERTIFICATE FOR A FALLING-OBJECT PROTECTIVE  STRUCTUREName of approved body: Notification of type-examination in respect of the harmonized  requirement: Type-examination No: 1Category, make and type or trade name:  2Name and address of  manufacturer:  3Name and address of certificate holder:  4Date of submission for type-examination:   5In respect of the following harmonized requirement:  6Test laboratory:  7Date and number of  laboratory report:  8Date of type-examination:  9The following documents, bearing the  type-examination number shown above, are annexed to this certificate: 10Type and number of the  chassis on which the tests were carried out: 11Any additional information:


title: Commission Directive 2009/7/EC of 10 February 2009 amending Annexes I, II, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

text:
               11.2.2009

               EN

               Official Journal of the European Union

               L 40/12

      COMMISSION DIRECTIVE 2009/7/EC
   of 10 February 2009
   amending Annexes I, II, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular points (c) and (d) of the second paragraph of Article 14 thereof,
   After consulting the Member States concerned,
   Whereas:

               (1)

               Directive 2000/29/EC lists organisms which are harmful to plants or plant products and provides for certain measures against their introduction into Member States from other Member States or third countries.

               (2)

               On the basis of information supplied by Member States and an examination of Annexes I, II, IV and V to Directive 2000/29/EC by experts, it is appropriate to amend the lists of harmful organisms in Annexes I and II to improve protection against the introduction of such organisms into the Community. All changes are based on technical and scientific evidence.

               (3)

               Taking into account increased international trade in plants and plant products, a phytosanitary protection of the Community is needed against the introduction of the following harmful organisms which are so far not known to be present in the Community: Dendrolimus sibiricus Tschetverikov; Rhynchophorus palmarum (L.); Agrilus planipennis Fairmaire on plants of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq., and Pterocarya rhoifolia Siebold & Zucc., and only known to be present in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and the United States; Chrysanthemum stem necrosis virus on plants of Dendranthema (DC.) Des Moul. and Lycopersicon lycopersicum (L.) Karsten ex Farw.; Scrobipalpopsis solanivora (Povolny) on tubers of Solanum tuberosum L. and Stegophora ulmea (Schweinitz : Fries) Sydow & Sydow on plants of Ulmus L. and Zelkova L., intended for planting, other than seeds. In addition, the further spread of Paysandisia archon (Burmeister), found in some areas in the Community on 11 genera of Palmae and under official control, needs to be limited for the same reasons.

               (4)

               The names of Saissetia nigra (Nietm.) and Diabrotica virgifera Le Conte should be amended in line with the revised scientific denominations of those organisms. Saissetia nigra (Nietm.) has become Parasaissetia nigra (Nietner). Diabrotica virgifera Le Conte has been split into two subspecies, namely Diabrotica virgifera virgifera Le Conte, regionally present in the Community, and Diabrotica virgifera zeae Krysan & Smith, not present in the Community.

               (5)

               The listing of those organisms in Annexes I and II to Directive 2000/29/EC needs therefore to be amended.

               (6)

               Consequently, the relevant requirements in Annexes IV and V to Directive 2000/29/EC for the import or movement of host plants of harmful organisms referred to in Annexes I and II need to be amended to take account of the amended listing in Annexes I and II.

               (7)

               The CN code for wood of Acer saccharum Marsh. needs to be updated in Annex V, Part B to complete the list of CN codes for wood subject to import control.

               (8)

               Annexes I, II, IV and V to Directive 2000/29/EC should therefore be amended accordingly.

               (9)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes I, II, IV and V to Directive 2000/29/EC are amended in accordance with the text in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 31 March 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 April 2009.
   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 a 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, 10 February 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 169, 10.7.2000, p. 1.

      ANNEX
      Annexes I, II, IV and V to Directive 2000/29/EC are amended as follows:

                  1.

                  In Annex I, Part A is amended as follows:

                              (a)

                              in heading (a) of Section I:

                                          (i)

                                          the following point 10.0 is inserted after point 10:

                                                      ‘10.0.

                                                         Dendrolimus sibiricus Tschetverikov’;

                                          (ii)

                                          point 10.4 is replaced by the following:

                                                      ‘10.4.

                                                         Diabrotica virgifera zeae Krysan & Smith’;

                                          (iii)

                                          the following point 19.1 is inserted after point 19:

                                                      ‘19.1.

                                                         Rhynchophorus palmarum (L.)’

                              (b)

                              in heading (a) of Section II, the following point 0.1. is inserted before point 1:

                                          ‘0.1.

                                             Diabrotica virgifera virgifera Le Conte’.

                  2.

                  In Annex II, Part A is amended as follows:

                              (a)

                              in heading (a) of Section I:

                                          (i)

                                          the following point 1.1 is inserted after point 1:

                                                                  ‘1.1.

                                                                     Agrilus planipennis Fairmaire

                                                      Plants intended for planting, other than plants in tissue culture and seeds, wood and bark of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA’

                                          (ii)

                                          point 24 is deleted;

                                          (iii)

                                          the following point 28.1 is inserted after point 28:

                                                                  ‘28.1.

                                                                     Scrobipalpopsis solanivora Povolny

                                                      Tubers of Solanum tuberosum L.’

                              (b)

                              in heading (c) of Section I, the following point 14.1 is inserted after point 14:

                                                      ‘14.1.

                                                         Stegophora ulmea (Schweinitz: Fries) Sydow & Sydow

                                          Plants of Ulmus L. and Zelkova L., intended for planting, other than seeds’

                              (c)

                              in heading (d) of Section I, the following point 5.1 is inserted after point 5:

                                                      ‘5.1.

                                                      Chrysanthemum stem necrosis virus

                                          Plants of Dendranthema (DC.) Des Moul. and Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting, other than seeds’

                              (d)

                              in heading (a) of Section II:

                                          (i)

                                          the following point 6.3 is inserted after point 6.2:

                                                                  ‘6.3.

                                                                     Parasaissetia nigra (Nietner)

                                                      Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds’

                                          (ii)

                                          the following point 10 is inserted after point 9:

                                                                  ‘10.

                                                                     Paysandisia archon (Burmeister)

                                                      Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.’

                  3.

                  In Annex IV, Part A, Section I is amended as follows:

                              (a)

                              the following points 2.3, 2.4 and 2.5 are inserted after point 2.2:

                                                      ‘2.3.

                                                      Whether or not listed among CN codes in Annex V, Part B, wood of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., other than in the form of

                                                                  —

                                                                  chips, obtained in whole or part from these trees,

                                                                  —

                                                                  wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, actually in use in the transport of objects of all kinds,

                                                                  —

                                                                  wood used to wedge or support non-wood cargo,

                                                            but including wood which has not kept its natural round surface,
                                                      originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

                                          Official statement that the wood:

                                                      (a)

                                                      originates in an area established by the national plant protection organisation in the country of export as being free from Agrilus planipennis Fairmaire in accordance with the relevant International Standards for Phytosanitary Measures; or

                                                      (b)

                                                      is squared so as to remove entirely the round surface.

                                                      2.4.

                                                      Whether or not listed among CN codes in Annex V, Part B, wood in the form of chips obtained in whole or part from Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc. originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

                                          Official statement that the wood:

                                                      (a)

                                                      originates in an area established by the national plant protection organisation in the country of export as being free from Agrilus planipennis Fairmaire in accordance with the relevant International Standards for Phytosanitary Measures; or

                                                      (b)

                                                      has been processed into pieces of not more than 2,5 cm thickness and width.

                                                      2.5.

                                                      Isolated bark of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc. originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

                                          Official statement that the isolated bark:

                                                      (a)

                                                      originates in an area established by the national plant protection organisation in the country of export as being free from Agrilus planipennis Fairmaire in accordance with the relevant International Standards for Phytosanitary Measures; or

                                                      (b)

                                                      has been processed into pieces of not more than 2,5 cm thickness and width.’

                              (b)

                              the following point 11.4 is inserted after point 11.3:

                                                      ‘11.4.

                                                      Plants of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., intended for planting, other than seeds and plants in tissue culture originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

                                          Official statement that the plants:

                                                      (a)

                                                      have been grown throughout their life in an area free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures; or

                                                      (b)

                                                      have, for a period of at least two years prior to export, been grown in a place of production where no signs of Agrilus planipennis Fairmaire have been observed during two official inspections per year carried out at appropriate times, including immediately prior to export.’

                              (c)

                              the text in the right hand column of point 14 is amended as follows: ‘Without prejudice to the provisions applicable to the plants in Annex IV (A)(I)(11.4), official statement that no symptoms of Elm phlöem necrosis mycoplasm have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.’

                              (d)

                              the following points 25.4.1 and 25.4.2 are inserted after point 25.4:

                                                      ‘25.4.1.

                                                      Tubers of Solanum tuberosum L., other than those intended for planting

                                          Without prejudice to the provisions applicable to tubers listed in Annex III(A)(12) and Annex IV(A)(I)(25.1), (25.2) and (25.3), official statement that the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is not known to occur.

                                                      25.4.2.

                                                      Tubers of Solanum tuberosum L.

                                          Without prejudice to the provisions applicable to tubers listed in Annex III(A)(10), (11) and (12) and Annex IV(A)(I)(25.1), (25.2), (25.3), (25.4) and (25.4.1), official statement that:

                                                      (a)

                                                      the tubers originate in a country where Scrobipalpopsis solanivora Povolny is not known to occur; or

                                                      (b)

                                                      the tubers originate in an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures.’

                              (e)

                              point 25.8 is deleted;

                              (f)

                              the following point 28.1 is inserted after point 28:

                                                      ‘28.1.

                                                      Plants of Dendranthema (DC.) Des Moul. and Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting, other than seeds

                                          Without prejudice to the requirements applicable to the plants listed in Annex III(A)(13), Annex IV(A)(I) (25.5), (25.6), (25.7), (27.1), (27.2) and (28), official statement that:

                                                      (a)

                                                      the plants have been grown throughout their life in a country free from Chrysanthemum stem necrosis virus; or

                                                      (b)

                                                      the plants have been grown throughout their life in an area established by the national plant protection organisation in the country of export as being free from Chrysanthemum stem necrosis virus in accordance with the relevant International Standards for Phytosanitary Measures; or

                                                      (c)

                                                      the plants have been grown throughout their life in a place of production, established as being free from Chrysanthemum stem necrosis virus and verified through official inspections and, where appropriate, testing.’

                              (g)

                              the following point 37.1 is inserted after point 37:

                                                      ‘37.1.

                                                      Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.

                                          Without prejudice to the prohibitions applicable to the plants listed in Annex III(A)(17) and the requirements listed in Annex IV(A)(I)(37) official statement that the plants:

                                                      (a)

                                                      have been grown throughout their life in a country where Paysandisia archon (Burmeister) is not known to occur; or

                                                      (b)

                                                      have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures; or

                                                      (c)

                                                      have, during a period of at least two years prior to export, been grown in a place of production:

                                                                  —

                                                                  which is registered and supervised by the national plant protection organisation in the country of origin, and

                                                                  —

                                                                  where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments, and

                                                                  —

                                                                  where, during three official inspections per year carried out at appropriate times, including immediately prior to export, no signs of Paysandisia archon (Burmeister) have been observed.’

                  4.

                  In Annex IV, Part A, Section II, the following point 19.1 is inserted after point 19:

                                          ‘19.1.

                                          Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.

                              Official statement that the plants:

                                          (a)

                                          have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures; or

                                          (b)

                                          have, during a period of at least two years prior to movement, been grown in a place of production:

                                                      —

                                                      which is registered and supervised by the responsible official body in the Member State of origin, and

                                                      —

                                                      where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments, and

                                                      —

                                                      where, during three official inspections per year carried out at appropriate times, no signs of Paysandisia archon (Burmeister) have been observed.’

                  5.

                  Annex V is amended as follows:

                              (a)

                              In Section I of Part A, the following point 2.3.1 is inserted after point 2.3:

                                          ‘2.3.1.

                                          Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.’

                              (b)

                              Section I of Part B is amended as follows:

                                          (i)

                                          the following third indent is added to point 5:

                                                      ‘—

                                                         Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA.’

                                          (ii)

                                          the following sixth indent is added to point 6(a):

                                                      ‘—

                                                         Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., including wood which has not kept its natural round surface, originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA.’

                                          (iii)

                                          in point 6(b), section

                                                      ‘ex 4407 99

                                                      Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm’

                                                is deleted and replaced by:

                                                      ‘ex 4407 93

                                                      Wood of Acer saccharum Marsh, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

                                                      4407 95

                                                      Wood of ash (Fraxinus spp.) sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

                                                      ex 4407 99

                                                      Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus spp.) or ash (Fraxinus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm’


Avis juridique important

|

32000L0079

Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (Text with EEA relevance)

Official Journal L 302 , 01/12/2000 P. 0057 - 0060

Council Directive 2000/79/ECof 27 November 2000concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA)(Text with EEA relevance)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 139(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) Management and labour may, in accordance with Article 139(2) of the Treaty, request jointly that agreements concluded at Community level be implemented by a Council decision on a proposal from the Commission.(2) The Council adopted Directive 93/104/EC(1) concerning certain aspects of the organisation of working time. Civil aviation was one of the sectors and activities excluded from the scope of that Directive. The European Parliament and the Council adopted Directive 2000/34/EC amending Directive 93/104/EC in order to cover sectors and activities previously excluded.(3) The Commission, in accordance with Article 138(2) of the Treaty, has consulted management and labour on the possible direction of Community action with regard to the sectors and activities excluded from Directive 93/104/EC.(4) The Commission, considering after such consultation that Community action was desirable, once again consulted management and labour at Community level on the substance of the envisaged proposal in accordance with Article 138(3) of the Treaty.(5) The Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) have informed the Commission of their desire to enter into negotiations in accordance with Article 138(4) of the Treaty.(6) The said organisations concluded, on 22 March 2000, a European Agreement on the Organisation of Working Time of Mobile Staff in Civil Aviation.(7) This Agreement contains a joint request to the Commission to implement the Agreement by a Council decision on a proposal from the Commission, in accordance with Article 139(2) of the Treaty.(8) This Directive and the Agreement lay down more specific requirements within the meaning of Article 14 of Directive 93/104/EC as regards the organisation of working time of mobile staff in civil aviation.(9) Article 2(7) of Directive 93/104/EC defines mobile workers as any worker employed as a member of travelling or flying personnel by an undertaking which operates transport services for passengers or goods by road, air or inland waterway.(10) The proper instrument for implementing the Agreement is a Directive within the meaning of Article 249 of the Treaty.(11) In view of the highly integrated nature of the civil aviation sector and the conditions of competition prevailing in it, the objectives of this Directive to protect workers' health and safety cannot be sufficiently achieved by the Member States and Community action is therefore required in accordance with the subsidiarity principle laid down in Article 5 of the Treaty. This Directive does not go beyond what is necessary to achieve those objectives.(12) With regard to terms used in the Agreement which are not specifically defined therein, this Directive leaves Member States free to define those terms in accordance with national law and practice, as is the case for other social policy Directives using similar terms, providing that the said definitions are compatible with the Agreement.(13) The Commission has drafted its proposal for a Directive, in accordance with its Communication of 20 May 1998 "Adapting and promoting the social dialogue at Community level", taking into account the representative status of the signatory parties and the legality of each clause of the Agreement. The signatory parties together have a sufficiently representative status for flying personnel employed by an undertaking which operates transport services for passengers or goods in civil aviation.(14) The Commission has drafted its proposal for a Directive in compliance with Article 137(2) of the Treaty which provides that directives in the social policy domain "shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings".(15) This Directive and the Agreement establish minimum standards. Member States and/or management and labour may maintain or introduce more favourable provisions.(16) Implementation of this Directive should not serve to justify any regression in relation to the situation which already exists in each Member State.(17) The Commission has informed the European Parliament, the Economic and Social Committee and the Committee of the Regions by sending them the text of its proposal for a Directive incorporating the Agreement.(18) The European Parliament adopted a Resolution on the social partners' framework agreement on 3 October 2000.(19) The implementation of the Agreement contributes to achieving the objectives under Article 136 of the Treaty,HAS ADOPTED THIS DIRECTIVE:Article 1The purpose of this Directive is to implement the European Agreement on the organisation of working time of mobile staff in civil aviation concluded on 22 March 2000 between the organisations representing management and labour in the civil aviation sector: the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA).The text of the Agreement appears in the Annex.Article 21. Member States may maintain or introduce more favourable provisions than those laid down in this Directive.2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive. This shall be without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are complied with.Article 3Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 December 2003 or shall ensure that, by that date at the latest, management and labour have introduced the necessary measures by agreement. The Member States shall take any necessary measure to enable them at any time to be in a position to guarantee the results imposed by this Directive. They shall forthwith inform the Commission thereof.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. The methods of making such a reference shall be laid down by the Member States.Article 4This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 27 November 2000.For the CouncilThe PresidentÉ. Guigou(1) OJ L 307, 13.12.1993, p. 18. Directive as amended by Directive 2000/34/EC (OJ L 195, 1.8.2000, p. 41).ANNEXEuropean Agreement on the Organisation of Working Time of Mobile Staff in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA)Having regard to the Treaty establishing the European Community and in particular Articles 138 and 139(2) thereof,Having regard to the fact that Article 139(2) of the Treaty provides that agreements concluded at European level may be implemented at the joint request of the signatory parties by a Council decision on a proposal from the Commission,Having regard to the fact that the signatory parties hereby make such a request,Having regard to the fact that the signatory parties consider that the provisions of this Agreement are "more specific requirements" within the meaning of Article 14 of Council Directive 93/104/EC, and that the provisions of that Directive should not apply,THE SIGNATORY PARTIES HAVE AGREED THE FOLLOWING:Clause 11. The Agreement applies to the working time of mobile staff in civil aviation.2. It lays down more specific requirements within the meaning of Article 14 of Council Directive 93/104/EC relating to the organisation of working time of mobile staff in civil aviation.Clause 21. "Working time" means any period during which the worker is working, at the employer's disposal and carrying out his activity or duties, in accordance with national laws and/or practice.2. "Mobile staff in civil aviation" means crew members on board a civil aircraft, employed by an undertaking established in a Member State.3. "Block flying time" means the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and until all engines are stopped.Clause 31. Mobile staff in civil aviation are entitled to paid annual leave of at least four weeks, in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.Clause 41. (a) Mobile staff in civil aviation are entitled to a free health assessment before their assignment and thereafter at regular intervals.(b) Mobile staff in civil aviation suffering from health problems recognised as being connected with the fact that they also work at night will be transferred whenever possible to mobile or non-mobile day work to which they are suited.2. The free health assessment referred to in paragraph 1(a) shall comply with medical confidentiality.3. The free health assessment referred to in paragraph 1(a) may be conducted within the national health system.Clause 51. Mobile staff in civil aviation will have safety and health protection appropriate to the nature of their work.2. Adequate protection and prevention services or facilities with regard to the safety and health of mobile staff in civil aviation will be available at all times.Clause 6Necessary measures will be taken to ensure that an employer, who intends to organise work according to a certain pattern, takes account of the general principle of adapting work to the worker.Clause 7Information concerning specific working patterns of mobile staff in civil aviation should be provided to the competent authorities, if they so request.Clause 81. Working time should be looked at without prejudice to any future Community legislation on flight and duty time limitations and rest requirements and in conjunction with national legislation on this subject which should be taken into consideration in all related matters.2. The maximum annual working time, including some elements of standby for duty assignment as determined by the applicable law, shall be 2000 hours in which the block flying time shall be limited to 900 hours.3. The maximum annual working time shall be spread as evenly as practicable throughout the year.Clause 9Without prejudice to Clause 3, mobile staff in civil aviation shall be given days free of all duty and standby, which are notified in advance, as follows:(a) at least seven local days in each calendar month, which may include any rest periods required by law; and(b) at least 96 local days in each calendar year, which may include any rest periods required by law.Clause 10The parties shall review the above provisions two years after the end of the implementation period laid down in the Council Decision putting this Agreement into effect.Brussels, 22 March 2000.Association of European Airlines (AEA)Karl-Heinz Neumeister, Secretary GeneralManfred Merz, Vice Chairman of AEA Social Affairs Committee, Chairman of the Negotiating TeamEuropean Transport Workers' Federation (ETF)Brenda O'Brien, Assistant General SecretaryBetty Lecouturier, President, Cabin Crew CommitteeBent Gehlsen, Negotiating Group Member, Cabin Crew CommitteeEuropean Cockpit Association (ECA)Captain Francesco Gentile, ChairmanCaptain Bill Archer, Vice ChairmanGiancarlo Crivellaro, General SecretaryEuropean Regions Airline Association (ERA)Mike Ambrose, Director GeneralThe International Air Carrier Association (IACA)Marc Frisque, Director GeneralAllan Brown, Director, Aeropolitical and Industry Affairs