Avis juridique important

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32003L0117

Council Directive 2003/117/EC of 5 December 2003 amending Directives 92/79/EEC and 92/80/EEC, in order to authorise the French Republic to prolong the application of lower rates of excise duty to tobacco products released for consumption in Corsica

Official Journal L 333 , 20/12/2003 P. 0049 - 0050

Council Directive 2003/117/ECof 5 December 2003amending Directives 92/79/EEC and 92/80/EEC, in order to authorise the French Republic to prolong the application of lower rates of excise duty to tobacco products released for consumption in CorsicaTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 93 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 European Economic and Social Committee(2),Following consultation of the Committee of the Regions,Whereas:(1) By the provisions of Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes(3) and Council Directive 92/80/EEC of 19 October 1992 on the approximation of taxes on manufactured tobacco other than cigarettes(4), France was authorised to continue applying up to 31 December 2002 the same rates for cigarettes and tobacco products sold in Corsica as those in force on 31 December 1997.(2) Taking the view that more time was needed to bring the taxes applied to manufactured tobaccos in Corsica into line with the taxes applicable on the mainland, France requested, in particular, in a memorandum dated 26 July 2000 pleading recognition of Corsica's special position as an island within the European Union ("Pour une reconnaissance de la spécificité insulaire de la Corse dans l'Union européenne"), authorisation to prolong until 31 December 2009 the application of certain tax rules derogating from the Community's requirements regarding the taxation of tobacco products.(3) The economic activity linked with manufactured tobaccos helps maintain economic and social equilibrium in Corsica. This is because the said activity provides a livelihood for some 350 retailers who employ about the same number of wage earners. Quite a large proportion of these retail outlets are in the sparsely populated mountain areas where they provide a neighbourhood service and thereby help indirectly to keep the population from moving away.(4) Immediate and complete alignment with the tax rules for tobacco in mainland France would depress economic activity linked to manufactured tobacco in Corsica which, at present, provides the abovementioned jobs.(5) Therefore, to prevent damage to the island's economic and social equilibrium, it is both essential and justifiable to grant a derogation with effect from 1 January 2003 to 31 December 2009, by which France may apply a rate of excise duty that is lower than the national rate to cigarettes and other manufactured tobaccos released for consumption in Corsica.(6) By the end of this derogation period the tax rules for manufactured tobaccos released for consumption in Corsica must have been brought fully into line with the rules for mainland France. Nevertheless, too abrupt a change should be avoided and there should therefore be an intermediate increase in the excise duty currently levied on cigarettes in Corsica.(7) To avoid undermining the smooth functioning of the internal market, the volume of cigarettes eligible for this derogating measure should be limited to an annual quota of 1200 tonnes.(8) Directives 92/79/EEC and 92/80/EEC should accordingly be amended,HAS ADOPTED THIS DIRECTIVE:Article 1Article 3(4) of Directive 92/79/EEC is replaced by the following:"4. By derogation from Article 2, from 1 January 2003 to 31 December 2009 the French Republic may continue to apply a reduced rate of excise duty to cigarettes released for consumption in Corsica. This rate shall apply solely to an annual quota of 1200 tonnes.From 1 January 2003 to 31 December 2007 the reduced rate must equal at least 35 % of the price for cigarettes in the price category most in demand in Corsica.From 1 January 2008 to 31 December 2009 the reduced rate must equal at least 44 % of the price for cigarettes in the price category most in demand in Corsica."Article 2Article 3(4) of Directive 92/80/EEC shall be replaced by the following:"4. By derogation from Article 3(1), from 1 January 2003 to 31 December 2009 the French Republic may continue to apply a reduced rate of excise duty to manufactured tobaccos other than cigarettes released for consumption in Corsica. The reduced rate shall be:(a) for cigars and cigarillos, at least 10 % of the retail selling price, inclusive of all taxes, charged in Corsica;(b) for fine-cut tobacco intended for the rolling of cigarettes, at least 25 % of the retail selling price, inclusive of all taxes, charged in Corsica;(c) for other smoking tobaccos, at least 22 % of the retail selling price, inclusive of all taxes, charged in Corsica."Article 3Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 2004. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 4This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 5This Directive is addressed to the Member States.Done at Brussels, 5 December 2003.For the CouncilThe PresidentP. Lunardi(1) Opinion of 21 October 2003 (not yet published in the Official Journal).(2) OJ C 234, 30.9.2003, p. 49.(3) OJ L 316, 31.10.1992, p. 8; Directive as last amended by Directive 2002/10/EC (OJ L 46, 16.2.2002, p. 26).(4) OJ L 316, 31.10.1992, p. 10; Directive as last amended by Directive 2002/10/EC.


title: Commission Directive 2009/124/EC of 25 September 2009 amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for arsenic, theobromine, Datura sp., Ricinus communis L., Croton tiglium L. and Abrus precatorius L. (Text with EEA relevance)

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 254/100

      COMMISSION DIRECTIVE 2009/124/EC
   of 25 September 2009
   amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for arsenic, theobromine, Datura sp., Ricinus communis L., Croton tiglium L. and Abrus precatorius L.
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (1), and in particular Article 8(1) thereof,
   Whereas:

               (1)

               Directive 2002/32/EC provides that the use of products intended for animal feed which contain levels of undesirable substances exceeding the maximum levels laid down in Annex I to that Directive is prohibited.

               (2)

               As regards feedingstuffs obtained from the processing of fish or other marine animals, recent information provided by competent authorities of the Member States on the presence of total arsenic (sum of organic and inorganic arsenic) indicates that it is necessary to increase certain maximum levels for total arsenic. By-products of the fish filleting industry are valuable raw materials for the production of fish meal and fish oil for use in compound feed, in particular fish feed.

               (3)

               The increase of the maximum levels for total arsenic in feedingstuffs obtained from the processing of fish or other marine animals and feedingstuffs for fish entails no change in the maximum levels for inorganic arsenic. Since the potential adverse effects of arsenic to animal and human health are determined by the inorganic fraction in a given feed or food product and the organic arsenic compounds exhibit a very low toxic potential (2), the increased levels for total arsenic do not affect the protection of animal and public health.

               (4)

               In Annex I to Directive 2002/32/EC, arsenic refers to total arsenic for the purpose of setting maximum levels, since there is no standardised routine method for the analysis of inorganic arsenic. But for cases in which the competent authorities request an analysis of the content of inorganic arsenic, that Annex sets out a maximum level for inorganic arsenic.

               (5)

               As the extraction method has in some cases a significant influence on the analytical result on total arsenic, it is appropriate to specify an extraction procedure for reference to be used for official control.

               (6)

               Information provided by competent authorities and stakeholder organisations indicate significant levels of arsenic in additives belonging to the functional group of compounds of trace elements, authorised in application of Regulation (EC) No 1831/2003 of the European Parliament and of the Council (3). It is appropriate to establish maximum levels for arsenic in these additives to protect animal and public health.

               (7)

               As regards theobromine, the European Food Safety Authority (EFSA) concluded in its opinion of 10 June 2008 (4) that the current maximum levels for theobromine may not fully protect some animal species. It pointed out possible adverse effects on pigs, dogs and horses and on milk production in dairy cows. It is therefore appropriate to establish lower maximum levels.

               (8)

               As regards alkaloids in Datura sp., EFSA concluded in its opinion of 9 April 2008 (5) that, since tropane alkaloids are present in all Datura sp., it is appropriate for the protection of animal health, in particular for pigs, to extend the maximum levels for Datura stramonium L., as set out in Annex I to Directive 2002/32/EC, to all Datura sp.

               (9)

               As regards ricin (from Ricinus communis L.), EFSA concluded in its opinion of 10 June 2008 (6) that, given the similar toxic effects of the toxins from Ricinus communis L. (ricin), Croton tiglium L. (crotin) and Abrus precatorius L. (abrin), it is appropriate to apply the maximum levels for Ricinus communis L., as set out in Annex I to Directive 2002/32/EC, also to Croton tiglium L. and Abrus precatorius L., separately or in combination.

               (10)

               Directive 2002/32/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 the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 2002/32/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 2010 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 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, 25 September 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 140, 30.5.2002, p. 10.

      (2)  Scientific Opinion of the Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the European Commission related to arsenic as undesirable substances in animal feed, The EFSA Journal (2005) 180, 1-35.

      (3)  OJ L 268, 18.10.2003, p. 29.

      (4)  Scientific Opinion of the Panel on Contaminants in the Food Chain on a request from the European Commission on theobromine as undesirable substances in animal feed. The EFSA Journal (2008) 725, 1-66.

      (5)  Scientific Opinion of the Panel on Contaminants in the Food Chain on a request from the European Commission on tropane alkaloids (from Datura sp.) as undesirable substances in animal feed. The EFSA Journal (2008) 691, 1-55.

      (6)  Scientific Opinion of the Panel on Contaminants in the Food Chain on a request from the European Commission on ricin (from Ricinus communis) as undesirable substances in animal feed. The EFSA Journal (2008) 726, 1-38.

      ANNEX
      Annex I to Directive 2002/32/EC is amended as follows:

                  1.

                  row 1, Arsenic, is replaced by the following:

                              Undesirable substances

                              Products intended for animal feed

                              Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                              (1)

                              (2)

                              (3)

                                          ‘1.

                                          Arsenic (1)
                                              (2)

                              Feed materials with the exception of:

                              2

                                          —

                                          meal made from grass, from dried lucerne and from dried clover, and dried sugar beet pulp and dried molasses sugar beet pulp

                              4

                                          —

                                          palm kernel expeller

                              4 (3)

                                          —

                                          phosphates and calcareous marine algae

                              10

                                          —

                                          calcium carbonate

                              15

                                          —

                                          magnesium oxide

                              20

                                          —

                                          feedingstuffs obtained from the processing of fish or other marine animals, including fish

                              25 (3)

                                          —

                                          seaweed meal and feed materials derived from seaweed

                              40 (3)

                              Iron particles used as tracer

                              50

                              Additives belonging to the functional group of compounds of trace elements except:

                              30

                                          —

                                          copper sulphate pentahydrate and copper carbonate

                              50

                                          —

                                          zinc oxide, manganese oxide and copper oxide

                              100

                              Complete feedingstuffs with the exception of:

                              2

                                          —

                                          complete feedingstuffs for fish and complete feedingstuffs for fur animals

                              10 (3)

                              Complementary feedingstuffs with the exception of:

                              4

                                          —

                                          mineral feedingstuffs

                              12

                  2.

                  row 10, Theobromine, is replaced by the following:

                              Undesirable substances

                              Products intended for animal feed

                              Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                              (1)

                              (2)

                              (3)

                                          ‘10.

                                          Theobromine

                              Complete feedingstuffs with the exception of:

                              300

                                          —

                                          complete feedingstuffs for pigs

                              200

                                          —

                                          complete feedingstuffs for dogs, rabbits, horses and fur animals

                              50’;

                  3.

                  row 14, Weed seeds and unground and uncrushed fruits containing alkaloids, glucosides or other toxic substances, is replaced by the following:

                              Undesirable substances

                              Products intended for animal feed

                              Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                              (1)

                              (2)

                              (3)

                                          ‘14.

                                          Weed seeds and unground and uncrushed fruits containing alkaloids, glucosides or other toxic substances separately or in combination, including Datura sp.

                              All feedingstuffs

                              3 000
                              1 000’;

                  4.

                  row 15, Castor oil plant — Ricinus communis L., is replaced by the following:

                              Undesirable substances

                              Products intended for animal feed

                              Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                              (1)

                              (2)

                              (3)

                                          ‘15.

                                          Seeds and husks from Ricinus communis L., Croton tiglium L. and Abrus precatorius L. as well as their processed derivatives (4), separately or in combination.

                              All feedingstuffs

                              10

                  5.

                  row 34, Croton — Croton tiglium L., is deleted.

         (1)  The maximum levels refer to total arsenic.

         (2)  Maximum levels refer to an analytical determination of arsenic, whereby extraction is performed in nitric acid (5 % w/w) for 30 minutes at boiling temperature. Equivalent extraction procedures can be applied for which it can be demonstrated that the used extraction procedure has an equal extraction efficiency.

         (3)  Upon request of the competent authorities, the responsible operator must perform an analysis to demonstrate that the content of inorganic arsenic is lower than 2 ppm. This analysis is of particular importance for the seaweed species Hizikia fusiforme.’;

         (4)  In so far determinable by analytical microscopy.’;


Avis juridique important

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31978L0664

Council Directive 78/664/EEC of 25 July 1978 laying down specific criteria of purity for antioxidants which may be used in foodstuffs intended for human consumption

Official Journal L 223 , 14/08/1978 P. 0030 - 0047 Finnish special edition: Chapter 13 Volume 9 P. 0026  Greek special edition: Chapter 03 Volume 22 P. 0126  Swedish special edition: Chapter 13 Volume 9 P. 0026  Spanish special edition: Chapter 13 Volume 9 P. 0003  Portuguese special edition Chapter 13 Volume 9 P. 0003

COUNCIL DIRECTIVE  of 25 July 1978  laying down specific criteria of purity for antioxidants which may be used in foodstuffs intended for human consumption  (78/664/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/357/EEC of 13 July 1970 on the approximation of the laws of the Member States concerning the antioxidants authorized for use in foodstuffs intended for human consumption (1), as last amended by Directive 78/143/EEC (2), and in particular Article 5 (1) thereof,  Having regard to the proposal from the Commission,  Whereas, pursuant to Article 4 of Directive 70/357/EEC, antioxidants must comply with specific criteria of purity laid down in accordance with Article 5 (1) thereof;  Whereas specific criteria of purity should be laid down for the antioxidants listed in Parts I to III and points 4 to 7 of Part IV of the Annex to Directive 70/357/EEC, on the understanding that certain of these criteria have already been laid down in Directive 65/66/EEC (3), as last amended by Directive 76/463/EEC (4), and in Directive 78/663/EEC (5);  Whereas this Directive lays down no specific criteria of purity for ethyl alcohol covered by point 4 of Part IV of the Annex to Directive 70/357/EEC, and this substance will be considered in greater detail when rules of a general nature governing solvents are drawn up in the future;  Whereas for economic and technological reasons in certain Member States, provision should be made for the Member States to retain their existing national arrangements concerning specific criteria of purity concerning DL-tartaric acid and salts thereof, hydrolysed lecithins, and the aldehyde content of propylene glycol,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The specific criteria of purity referred to in Article 5 (1) of Directive 70/357/EEC are set out in the Annex to this Directive.   Article 2 1. This Directive does not affect national measures in existence at the time of its notification under which specific criteria of purity are set for:    (a) DL-tartaric acid and salts thereof;       (b) hydrolysed lecithins;       (c) the aldehyde content of propylene glycol.         2. The Council, acting unanimously on a proposal from the Commission, shall decide before 1 January 1982 on the criteria of purity referred to in paragraph 1 (a) and (b).   Article 3 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 18 months after notification of this Directive. They shall forthwith inform the Commission thereof.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 25 July 1978.  For the Council  The President  J. ERTL  (1)OJ No L 157, 18.7.1970, p. 31. (2)OJ No L 44, 15.2.1978, p. 18. (3)OJ No 22, 9.2.1965, p. 373/65. (4)OJ No L 126, 14.5.1976, p. 33. (5)See page 4 of this Official Journal.      ANNEX SPECIFIC CRITERIA OF PURITY FOR ANTIOXIDANTS WHICH MAY BE USED IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION  General remarks    (a) Except where otherwise stated, the quantities and percentages shall be calculated by mass on the basis of the anhydrous form of the substance.       (b) Where the substance in question is not anhydrous at the outset and where "volatile matter" is involved, the latter shall include all moisture, including water of crystallization.       (c) Where the drying temperature and time are not stated, the latter shall be understood to mean "to constant weight" and the former shall be 105 ºC.       (d) Where the interpretation of the criteria set out below require that certain technical data such as "vacuum" data be defined, the methods of analysis established pursuant to Article 5 (2) of the Directive concerning antioxidants shall be referred to.       (e) Where the concentration of a solution is given, this shall be taken to mean mass/volume except where otherwise stated.       (f) Temperatures shall always be stated in degrees centigrade (Celsius).       (g) The specific criteria of purity applicable to substances E 220 to E 224, E 226 and E 270 are laid down by Directive 65/66/EEC.       (h) The specific criteria of purity applicable to sorbitol, glycerol and to substance E 472 (c) are laid down by Council Directive 78/663/EEC.    >PIC FILE= "T0013441">    >PIC FILE= "T0013442">    >PIC FILE= "T0013443">    >PIC FILE= "T0013444">    >PIC FILE= "T0013445">    >PIC FILE= "T0013446">    >PIC FILE= "T0013447">    >PIC FILE= "T0013448">    >PIC FILE= "T0013449">    >PIC FILE= "T0013450">    >PIC FILE= "T0013451">    >PIC FILE= "T0013452">    >PIC FILE= "T0013453">    >PIC FILE= "T0013454">    >PIC FILE= "T0013455">    >PIC FILE= "T0013456">    >PIC FILE= "T0013457">


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31986L0300

Commission Directive 86/300/EEC of 4 June 1986 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 189 , 11/07/1986 P. 0042 - 0042 Finnish special edition: Chapter 3 Volume 21 P. 0139  Swedish special edition: Chapter 3 Volume 21 P. 0139

*****COMMISSION  DIRECTIVE  of 4 June 1986  amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs  (86/300/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 86/29/EEC (2), and in particular Article 7 thereof,  Whereas Directive 70/524/EEC provides for regular adaptation of the content of its Annexes to the evolution of scientific and technical knowledge; whereas the Annexes were consolidated by Commission Directive  85/429/EEC (3);  Whereas the maximum content of copper needs to be decreased for sheep feedingstuffs, in order that the real physiological need (requirements) of the animals is satisfied without causing any adverse effect for their health;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annexes to Directive 70/524/EEC are hereby amended as set out in the Annex hereto.  Article 2  Member States shall, by 31 December 1987, bring into force the laws, regulations or administrative provisions necessary to comply with this Directive, and shall immediately inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 4 June 1986.  For the Commission  Frans ANDRIESSEN  Vice-President  ANNEX  In Annex I, under part I 'Trace elements' the text of item EEC No E 4 'Copper-Cu', the indication '20 (total)' appearing in the column 'Maximum content of the element in mg/kg of the complete feedingstuff' for sheep, is replaced by '15 (total)'.  (1) OJ No L 270, 14. 12. 1970, p. 1.  (2) OJ No L 39, 14. 2. 1986, p. 55.  (3) OJ No L 245, 12. 9. 1985, p. 1.


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31993L0109

Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals

Official Journal L 329 , 30/12/1993 P. 0034 - 0038 Finnish special edition: Chapter 1 Volume 3 P. 0076  Swedish special edition: Chapter 1 Volume 3 P. 0076

COUNCIL DIRECTIVE 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which  they are not nationalsTHE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 8b (2) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas the Treaty on European Union marks a new stage in the process of creating an ever closer union among the peoples of Europe; whereas one of its tasks is to organize, in a manner demonstrating consistency and solidarity, relations between the  peoples of the Member States; whereas its fundamental objectives include a strengthening of the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union;  Whereas to that end Title II of the Treaty on European Union, amending the Treaty establishing the European Economic Community, with a view to establishing the European Community, introduces a citizenship of the Union for all nationals of the Member  States and confers on such nationals on that basis a number of rights;  Whereas the right to vote and to stand as a candidate in elections to the European Parliament in the Member State of residence, laid down in Article 8b (2) of the Treaty establishing the European Community, is an instance of the application of the  principle of non-discrimination between nationals and non-nationals and a corollary of the right to move and reside freely enshrined in Article 8a of that Treaty;  Whereas Article 8b (2) of the EC Treaty is concerned only with the possibility of exercising the right of vote and to stand as a candidate in elections to the European Parliament, without prejudice to Article 138 (3) of the EC Treaty, which provides for  the establishment of a uniform procedure in all Member States for those elections; whereas it essentially seeks to abolish the nationality requirement which currently has to be satisfied in most Member States in order to exercise those rights;  Whereas application of Article 8b (2) of the EC Treaty does not presuppose harmonization of Member States' electoral systems; whereas, moreover, to take account of the principle of proportionality set out in the third paragraph of Article 3b of the EC  Treaty, the content of Community legislation in this sphere must not go beyond what is necessary to achieve the objective of Article 8b (2) of the EC Treaty;  Whereas the purpose of Article 8b (2) of the EC Treaty is to ensure that all citizens of the Union, whether or not they are nationals of the Member State in which they reside, can exercise in that State their right to vote and to stand as a candidate in  elections to the European Parliament under the same conditions; whereas the conditions applying to non-nationals, including those relating to period and proof of residence, should therefore be identical to those, if any, applying to nationals of the  Member State concerned;  Whereas Article 8b (2) of the EC Treaty provides for the right to vote and to stand as a candidate in elections to the European Parliament in the Member State of residence, without, nevertheless, substituting it for the right to vote and to stand as a  candidate in the Member State of which the citizen is a national; whereas the freedom of citizens of the Union to choose the Member State in which to take part in European elections must be respected, while taking care to ensure that this freedom is not  abused by people voting or standing as a candidate in more than one country;  Whereas any derogation from the general rules of this Directive must be warranted, pursuant to Article 8b (2) of the EC Treaty, by problems specific to a Member State; whereas any derogation must, by its very nature, be subject to review;  Whereas such specific problems may arise in a Member State in which the proportion of citizens of the Union of voting age, who reside in it but are not nationals of it, is very significantly above average; whereas derogations are warranted where such  citizens form more than 20 % of the total electorate; whereas such derogations must be based on the criterion of period of residence;  Whereas citizenship of the Union is intended to enable citizens of the Union to integrate better in their host country and that in this context, it is in accordance with the intentions of the authors of the Treaty to avoid any polarization between lists  of national and non-national candidates;  Whereas this risk of polarization concerns in particular a Member State in which the proportion of non-national citizens of the Union of voting age exceeds 20 % of the total number of citizens of the Union of voting age who reside there and that,  therefore, it is important that this Member State may lay down, in compliance with Article 8b of the Treaty, specific provisions concerning the composition of lists of candidates;  Whereas account must be taken of the fact that in certain Member States residents who are nationals of other Member States have the right to vote in elections to the national parliament and certain provisions of this Directive may consequently be  dispensed with in those Member States,  HAS ADOPTED THIS DIRECTIVE:   CHAPTER I   GENERAL PROVISIONS   Article 1  1. This Directive lays down the detailed arrangements whereby citizens of the Union residing in a Member State of which they are not nationals may exercise the right to vote and to stand as a candidate there in elections to the European  Parliament.  2. Nothing in this Directive shall affect each Member State's provisions concerning the right to vote or to stand as a candidate of its nationals who reside outside its electoral territory.   Article 2  For the purposes of this Directive:  1. 'elections to the European Parliament' means elections by direct universal suffrage to the European Parliament of representatives in accordance with the Act of 20 September 1976 (1);  2. 'electoral territory' means the territory of a Member State in which, in accordance with the above Act and, within that framework, in accordance with the electoral law of that Member State, members of the European Parliament are elected by the people  of that Member State;  3. 'Member State of residence' means a Member State in which a citizen of the Union resides but of which he is not a national;  4. 'home Member State' means the Member State of which a citizen of the Union is a national;  5. 'Community voter' means any citizen of the Union who is entitled to vote in elections to the European Parliament in his Member State of residence in accordance with this Directive;  6. 'Community national entitled to stand as a candidate' means any citizen of the Union who has the right to stand as a candidate in elections to the European Parliament in his Member State of residence in accordance with this Directive;  7. 'electoral roll' means the official register of all voters entitled to vote in a given constituency or locality, drawn up and kept up to date by the competent authority under the electoral law of the Member State of residence, or the population  register if it indicates eligibility to vote;  8. 'reference date' means the day or the days on which citizens of the Union must satisfy, under the law of the Member State of residence, the requirements for voting or for standing as a candidate in that State;  9. 'formal declaration' means a declaration by the person concerned, inaccuracy in which makes that person liable to penalties, in accordance with the national law applicable.   Article 3  Any person who, on the reference date:  (a) is a citizen of the Union within the meaning of the second subparagraph of Article 8 (1) of the Treaty;  (b) is not a national of the Member State of residence, but satisfies the same conditions in respect of the right to vote and to stand as a candidate as that State imposes by law on its own nationals,  shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State of residence unless deprived of those rights pursuant to Articles 6 and 7.  Where, in order to stand as a candidate, nationals of the Member State of residence must have been nationals for a certain minimum period, citizens of the Union shall be deemed to have met this condition when they have been nationals of a Member State  for the same period.   Article 4  1. Community voters shall exercise their right to vote either in the Member State of residence or in their home Member State. No person may vote more than once at the same election.  2. No person may stand as a candidate in more than one Member State at the same election.   Article 5  If, in order to vote or to stand as candidates, nationals of the Member State or residence must have spent a certain minimum period as a resident in the electoral territory of that State, Community voters and Community nationals entitled to  stand as candidates shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States. This provision shall apply without prejudice to any specific conditions as to length of residence in a given  constituency or locality.   Article 6  1. Any citizen of the Union who resides in a Member State of which he is not a national and who, through an individual criminal law or civil law decision, has been deprived of his right to stand as a candidate under either the law of the  Member State of residence or the law of his home Member State, shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament.  2. An application from any citizen of the Union to stand as a candidate in elections to the European Parliament in the Member State of residence shall be declared inadmissible where that citizen is unable to provide the attestation referred to in  Article 10 (2).   Article 7  1. The Member State of residence may check whether the citizens of the Union who have expressed a desire to exercise their right to vote there have not been deprived of that right in the home Member State through an individual civil law or  criminal law decision.  2. For the purposes of paragraph 1 of this Article, the Member State of residence may notify the home Member State of the declaration referred to in Article 9 (2). To that end, the relevant and normally available information from the home Member State  shall be provided in good time and in an appropriate manner; such information may only include details which are strictly necessary for the implementation of this Article and may only be used for that purpose. If the information provided invalidates the  content of the declaration, the Member State of residence shall take the appropriate steps to prevent the person concerned from voting.  3. The home Member State may, in good time and in an appropriate manner, submit to the Member State of residence any information necessary for the implementation of this Article.   Article 8  1. A Community voter exercises his right to vote in the Member State of residence if he has expressed the wish to do so.  2. If voting is compulsory in the Member State of residence, Community voters who have expressed the wish to do so shall be obliged to vote.   CHAPTER II   EXERCISE OF THE RIGHT TO VOTE AND THE RIGHT TO STAND AS A CANDIDATE   Article 9  1. Member States shall take the necessary measures to enable a Community voter who has expressed the wish for such to be entered on the electoral roll sufficiently in advance of polling day.  2. In order to have his name entered on the electoral roll, a Community voter shall produce the same documents as a voter who is a national. He shall also produce a formal declaration stating:  (a) his nationality and his address in the electoral territory of the Member State of residence;  (b) where applicable, the locality or constituency in his home Member State on the electoral roll of which his name was last entered, and (c) that he will exercise his right to vote in the Member State of residence only.  3. The Member State of residence may also require a Community voter to:  (a) state in his declaration under paragraph 2 that he has not been deprived of the right to vote in his home Member State;  (b) produce a valid identity document, and (c) indicate the date from which he has been resident in that State or in another Member State.  4. Community voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until such time as they request to be removed or until such time as they are removed automatically because they  no longer satisfy the requirements for exercising the right to vote.   Article 10  1. When he submits his application to stand as a candidate, a Community national shall produce the same supporting documents as a candidate who is a national. He shall also produce a formal declaration stating:  (a) his nationality and his address in the electroal territory of the Member State of residence;  (b) that he is not standing as a candidate for election to the European Parliament in any other Member State, and (c) where applicable, the locality or constituency in his home Member State on the electoral roll of which his name was last entered.  2. When he submits his application to stand as a candidate a Community national must also produce an attestation from the competent administrative authorities of his home Member State certifying that he has not been deprived of the right to stand as a  candidate in that Member State or that no such disqualification is known to those authorities.  3. The Member State of residence may also require a Community national entitled to stand as a candidate to produce a valid identity document. It may also require him to indicate the date from which he has been a national of a Member State.   Article 11  1. The Member State of residence shall inform the person concerned of the action taken on his application for entry on the electoral roll or of the decision concerning the admissibility of his application to stand as a candidate.  2. Should a person be refused entry on the electoral roll or his application to stand as a candidate be rejected, the person concerned shall be entitled to legal remedies on the same terms as the legislation of the Member State of residence prescribes  for voters and persons entitled to stand as candidates who are its nationals.   Article 12  The Member State of residence shall inform Community voters and Community nationals entitled to stand as candidates in good time and in an appropriate manner of the conditions and detailed arrangements for the exercise of the right to vote  and to stand as a candidate in elections in that State.   Article 13  Member States shall exchange the information required for the implementation of Article 4. To that end, the Member State of residence shall, on the basis of the formal declaration referred to in Articles 9 and 10, supply the home Member  State, sufficiently in advance of polling day, with information on the latter State's nationals entered on electroal rolls or standing as candidates. The home Member State shall, in accordance with its national legislation, take appropriate measures to  ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.   CHAPTER III   DEROGATIONS AND TRANSITIONAL PROVISIONS   Article 14  1. If on 1 January 1993, in a given Member State, the proportion of citizens of the Union of voting age who reside in it but are not nationals of it exceeds 20 % of the total number of citizens of the Union residing there who are of voting  age, that Member State may, by way of derogation from Articles 3, 9 and 10:  (a) restrict the right to vote to Community voters who have resided in that Member State for a minimum period, which may not exceed five years;  (b) restrict the right to stand as a candidate to Community nationals entitled to stand as candidates who have resided in that Member State for a minimum period, which may not exceed 10 years.  These provisions are without prejudice to appropriate measures which this Member State may take with regard to the composition of lists of candidates and which are intended in particular to encourage the integration of non-national citizens of the  Union.  However, Community voters and Community nationals entitled to stand as candidates who, owing to the fact that they have taken up residence outside their home Member State or by reason of the duration of such residence, do not have the right to vote or  to stand as candidates in that home State shall not be subject to the conditions as to length of residence set out above.  2. Where, on 1 February 1994, the laws of a Member State prescribe that the nationals of another Member State who reside there have the right to vote for the national parliament of that State and, for that purpose, may be entered on the electoral roll  of that State under exactly the same conditions as national voters, the first Member State may, by way of derogation from this Directive, refrain from applying Articles 6 to 13 in respect of such nationals.  3. By 31 December 1997 and thereafter 18 months prior to each election to the European Parliament, the Commission shall submit to the European Parliament and to the Council a report in which it shall check whether the grant to the Member States  concerned of a derogation pursuant to Article 8b (2) of the EC Treaty is still warranted and shall propose that any necessary adjustments be made.  Member States which invoke derogations under paragraph 1 shall furnish the Commission with all the necessary background information.   Article 15  For the fourth direct elections to the European Parliament, the following special provisions shall apply:  (a) citizens of the Union who, on 15 February 1994, already have the right to vote in the Member State of residence and whose names appear on the electoral roll in the Member State of residence shall not be subject to the formalities laid down in  Article 9;  (b) Member States in which the electoral rolls have been finalized before 15 February 1994 shall take the steps necessary to enable Community voters who wish to exercise their right to vote there to enter names on the electoral roll sufficiently in  advance of polling day;  (c) Member States which do not draw up specific electoral rolls but indicate eligibility to vote in the population register and where voting is not compulsory may also apply this system to Community voters who appear on that register and who, having  been informed individually of their rights, have not expressed a wish to exercise their right to vote in their home Member State. They shall forward to the home Member State the document showing the intention expressed by those voters to vote in the  Member State of residence;  (d) Member States in which the internal procedure for the nomination of candidates for political parties and groups is governed by law may provide that any such procedures which, in accordance with that law, were opened before 1 February 1994 and the  decisions taken within that framework shall remain valid.   CHAPTER IV   FINAL PROVISIONS   Article 16  The Commission shall submit a report to the European Parliament and the Council by 31 December 1995 on the application of this Directive to the June 1994 elections to the European Parliament. On the basis of the said report the Council,  acting unanimously on a proposal from the Commission and after consulting the European Parliament, may adopt provisions amending this Directive.   Article 17  Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive no later than 1 February 1994. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.    Article 18  This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.   Article 19  This Directive is addressed to the Member States.  Done at Brussels, 6 December 1993.  For the Council The President W. CLAES  (1) OJ No C 329, 6. 12. 1993.  (2) OJ No L 278, 8. 10. 1976, p. 5.


Avis juridique important

|

31996L0013

Council Directive 96/13/EC of 11 March 1996 amending Article 2 (2) of Directive 77/780/EEC in respect of the list of permanent exclusions of certain credit institutions

Official Journal L 066 , 16/03/1996 P. 0015 - 0016

COUNCIL DIRECTIVE 96/13/EC of 11 March 1996 amending Article 2 (2) of Directive 77/780/EEC in respect of the list of permanent exclusions of certain credit institutions THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the First Council Directive (77/780/EEC) of 12 December 1977 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions (1), and in particular Article 2 (2) and (3) thereof,Having regard to the proposal from the Commission,Whereas Article 2 (2) of Directive 77/780/EEC provides that specific credit institutions of some Member States are permanently excluded from the scope of that Directive;Whereas Article 2 (3) of that Directive provides that the Council, acting on a proposal from the Commission, which, for this purpose, must consult the Banking Advisory Committee, is to decide on any amendments to the list in paragraph 2; whereas certain Member States have asked for the list to be revised;Whereas adoption of this Directive constitutes the most appropriate means of attaining the desired objectives; whereas this Directive is limited to the minimum necessary to attain these objectives and does not go beyond what is needed for this purpose;Whereas this Directive concerns the European Economic Area (EEA) and whereas the procedure under Article 99 of the Agreement on the European Economic Area has been complied with;Whereas adoption of this Directive has been the subject of consultations with the Banking Advisory Committee,HAS ADOPTED THIS DIRECTIVE:Article 1 Article 2 (2) of Directive 77/780/EEC shall be replaced by the following:'2. It shall not apply to:- the central banks of Member States,- post office giro institutions,- in Belgium, the "Institut de Réescompte et de Garantie/Herdiscontering- en Waarborginstituut",- in Denmark, the "Dansk Eksportfinansieringsfond", the "Danmarks Skibskreditfond" and the "Dansk Landbrugs Realkreditfond",- in Germany, the "Kreditanstalt für Wiederaufbau", undertakings which are recognized under the "Wohnungsgemeinnützigkeitsgesetz" as bodies of state housing policy and are not mainly engaged in banking transactions and undertakings recognized under that law as non-profit housing undertakings,- in Greece, the "ÅëëçíéêÞ ÔñÜðåæá Âéïìç÷áíéêÞò Áíáðôýîåùò" (Elliniki Trapeza Viomichanikis Anaptyxeos), the "Ôáìåßï Ðáñáêáôáèçêþí êáé Äáíåßùí" (Tameio Parakatathikon kai Danion) and the "Ôá÷õäñïìéêü ÔáìéåõôÞñéï" (Tahidromiko Tamieftirio),- in Spain, the "Instituto de Crédito Oficial",- in France, the "Caisse des dépôts et consignations",- in Ireland, credit unions and friendly societies,- in Italy, the "Cassa Depositi et Prestiti",- in the Netherlands, the "Nederlandse Investingsbank voor Ontwikkelingslanden NV", the "NV Noordelijke Ontwikkelingsmaatschappij", the "NV Industriebank Limburgs Instituut voor Ontwikkeling en Finaniering" and the "Overijsselse Ontwikkelingsmaatschappij NV",- in Austria, undertakings recognized as housing associations in the public interest and the "Österreichische Kontrollbank AG",- in Portugal, "Caixas Económicas" existing on 1 January 1986 with the exception of those incorporated as limited companies and of the "Caixa Económica Montepio Geral",- in Finland, the "Teollisen yhteistyön rahasto Oy/Fonden för industriellt samarbete Ab" and the "Kera Oy/Kera Ab",- in Sweden, the "Svenska Skeppshypotekskassan",- in the United Kingdom, the National Savings Bank, the Commonwealth Development Finance Company Ltd, the Agricultural Mortgage Corporation Ltd, the Scottish Agricultural Securities Corporation Ltd, the Crown Agents for overseas governments and administrations, credit unions and municipal banks.`Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive before 16 April 1996. They shall forthwith inform the Commission thereof.When the Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.Article 3 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 11 March 1996.For the CouncilThe PresidentL. DINI(1) OJ No L 322, 17. 12. 1977, p. 30. Directive as last amended by Directive 95/26/EC (OJ No L 168, 18. 7. 1995, p. 7).


title: Commission Directive 2011/58/EU of 10 May 2011 amending Council Directive 91/414/EEC to renew the inclusion of carbendazim as active substance  Text with EEA relevance

text:
               11.5.2011

               EN

               Official Journal of the European Union

               L 122/71

         COMMISSION DIRECTIVE 2011/58/EU
   of 10 May 2011
   amending Council Directive 91/414/EEC to renew the inclusion of carbendazim as active substance
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               The inclusion of carbendazim in Annex I to Directive 91/414/EEC expires on 13 June 2011.

               (2)

               On request the inclusion of an active substance may be renewed for a period not exceeding ten years. On 6 August 2007 the Commission received such a request from the applicant regarding the renewal of the inclusion for this substance.

               (3)

               On 10 January 2008, the applicant submitted to the rapporteur Member State Germany data in support of its request for renewal of the inclusion of carbendazim.

               (4)

               The rapporteur Member State prepared a draft re-assessment report which was commented by the applicant on 13 May 2009 and after its finalisation was submitted to the applicant and the Commission on 24 July 2009. In addition to the assessment of the substance, that report includes a list of the studies the rapporteur Member State relied on for its assessment.

               (5)

               The Commission communicated the draft re-assessment report to the European Food Safety Authority (hereinafter: ‘the Authority’) and to the Member States on 28 July 2009 for comments.

               (6)

               At the request of the Commission, the draft re-assessment report was peer reviewed by the Member States and the Authority and commented by the applicant on 14 December 2009. The Authority presented its conclusion on the peer review of the risk assessment of carbendazim (2) to the Commission on 30 April 2010. After the applicant had been given the possibility to comment and taking into account its comments delivered on 31 May 2010, the draft re-assessment report and the conclusion from the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 23 November 2010 in the format of the Commission review report for carbendazim.

               (7)

               It has appeared from the various examinations made that plant protection products containing carbendazim may be expected to continue to satisfy the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, as regards the uses which were examined and detailed in the Commission review report. It is therefore appropriate to renew the inclusion of carbendazim in Annex I to Directive 91/414/EEC, in order to ensure that plant protection products containing this active substance may continue to be authorised where they comply with that Directive. In addition to the uses supported for the first inclusion, the applicant supports in its renewal dossier the use on fodder beet. Taking into consideration the additional data submitted by the applicant, the use on fodder beet should be added to the list of uses that may be authorised.

               (8)

               Article 5(4) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to restrictions. In order to correctly reflect the high level of protection of human and animal health and the environment sought in the Union, it is necessary to limit the uses of carbendazim to those that have actually been assessed and which are considered to comply with the conditions of Article 5(1) of Directive 91/414/EEC. This implies that uses which are not part of the list of uses set out in Annex I to that Directive may not be authorised unless they are first added to that list. It is appropriate to set maximum limits for the presence of two relevant impurities 2-amino-3-hydroxyphenazine (AHP) and 2,3-diaminophenazine (DAP) in commercially manufactured carbendazim.

               (9)

               Without prejudice to the conclusion set out in recital 8, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the applicant submits further information as regards, the aerobic degradation in soil, the long-term risk to birds and the relevance of a third impurity, for confidentiality reasons referred to as AEF037197. In addition, the applicant should be requested to examine the studies included in the list in the draft re-assessment report of 16 July 2009 (Volume 1, Level 4 ‘Further information’, pp. 155-157).

               (10)

               Several Member States have expressed concerns as regards the hazard profile of this substance. Similar concerns were expressed at the time of the first inclusion. The renewal dossier is, in part, based on toxicity data used during the assessment of the dossier submitted for the initial inclusion of this substance. The original inclusion was limited to a period of three years (3). Account should also be taken of the progressive understanding of the need to ensure a high level of protection of human and animal health and the sustainable environment. Therefore, it is appropriate to limit the renewal period of the inclusion to three and half years.

               (11)

               As with all substances included in Annex I to Directive 91/414/EEC, the status of carbendazim could be reviewed under Article 5(5) of that Directive in the light of any new data becoming available, such as its currently ongoing evaluation in the framework of Directive 98/8/EC of the European Parliament and the Council of 16 February 1998 concerning the placing of biocidal substances on the market (4) and from the review of relevant scientific literature.

               (12)

               A reasonable period should be allowed to elapse before the inclusion of an active substance in Annex I to Directive 91/414/EEC is renewed in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the renewal.

               (13)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of renewing the inclusion of an active substance in Annex I thereto, Member States should be allowed a period of six months after renewal to review authorisations of plant protection products containing carbendazim to make sure that the requirements laid down in Directive 91/414/EEC, in particular in its Article 13, and the relevant conditions set out in Annex I to that Directive, continue to be satisfied. As appropriate, Member States should renew, where appropriate with modifications, or refuse to renew authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (14)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (15)

               The Standing Committee on the Food Chain and Animal Health did not deliver an opinion within the time limit laid down by its Chair and the Commission therefore submitted to the Council a proposal relating to these measures. Since, on the expiry of the period laid down in the second subparagraph of Article 19(2) of Directive 91/414/EEC, the Council had neither adopted the proposed measures nor indicated its opposition to them, these measures are to be adopted by the Commission,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended in accordance with the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 30 November 2011 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 December 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing carbendazim as an active substance by 1 December 2011.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to carbendazim are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing carbendazim as either the only active substance or as one of several active substances, all of which were listed in Annex I to Directive 91/414/EEC by 1 June 2011 at the latest, Member States shall, where necessary, re-evaluate the products, to take into account developments occurred in the scientific and technical knowledge and in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning carbendazim. On the basis of that evaluation, they shall determine whether the product still satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC. Following that determination Member States shall, where necessary, amend or withdraw the authorisation by 1 December 2013.
   Article 4
   This Directive shall enter into force on 1 June 2011.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 10 May 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance carbendazim EFSA Journal 2010; 8(5):1598.

      (3)  Commission Directive 2006/135/EC of 11 December 2006 amending Council Directive 91/414/EEC to include carbendazim as active substance (OJ L 349, 12.12.2006, p. 37).

      (4)  OJ L 123, 24.4.1998, p. 1.

      ANNEX
      In Annex I to Directive 91/414/EEC, row No 149 is replaced by the following:

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘149

                     Carbendazim
                     CAS No 10605-21-7
                     CIPAC No 263

                     Methyl benzimidazol-2-ylcarbamate

                     ≥ 980 g/kg
                     Relevant impurities

                                 2-amino-3-hydroxyphenazine (AHP): not more than 0,0005 g/kg

                                 2,3-diaminophenazine (DAP): not more than 0,003 g/kg

                     1 June 2011

                     30 November 2014

                     PART A
                     Only uses as fungicide on the following crops may be authorised:

                                 —

                                 cereals,

                                 —

                                 rape seed,

                                 —

                                 sugar and fodder beet,

                                 —

                                 maize,

                           at rates not exceeding:

                                 —

                                 0,25 kg active substance per hectare per application for cereals and rape seed,

                                 —

                                 0,075 kg active substance per hectare per application for sugar and fodder beet,

                                 —

                                 0,1 kg active substance per hectare per application for maize.

                           The following uses must not be authorised:

                                 —

                                 air application,

                                 —

                                 knapsack and handheld applications neither by amateur nor by professional users,

                                 —

                                 home gardening.

                           Member States shall ensure that all appropriate risk mitigation measures are applied. Particular attention must be paid to the protection of:

                                 —

                                 aquatic organisms. Appropriate drift mitigation measures must be applied to minimise the exposure of surface water bodies. This should include keeping a distance between treated areas and surface water bodies alone or in combination with the use of drift-reducing techniques or devices,

                                 —

                                 earthworms and other soil macro-organisms. Conditions of authorisation shall include risk mitigation measures, such as the selection of the most appropriate combination of numbers and timing of application, and, if necessary, the degree of concentration of the active substance,

                                 —

                                 birds (long-term risk). Depending on the results of the risk assessment for specific uses, targeted mitigation measures to minimise the exposure may become necessary,

                                 —

                                 operators, who must wear suitable protective clothing, in particular gloves, coveralls, rubber boots and face protection or safety glasses during mixing, loading, application and cleaning of the equipment, unless the exposure to the substance is adequately precluded by the design and construction of the equipment itself or by the mounting of specific protective components on such equipment.

                           PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on carbendazim, and in particular Appendices I and II thereof, shall be taken into account.
                     The Member States concerned shall request that the applicant provides the following to the Commission:

                                 —

                                 by 1 December 2011 at the latest, information as regards the toxicological and ecotoxicological relevance of the impurity AEF037197,

                                 —

                                 by 1 June 2012 at the latest, the examination of the studies included in the list in the draft re-assessment report of 16 July 2009 (Volume 1, Level 4 “Further information”, pp. 155-157),

                                 —

                                 by 1 June 2013 at the latest, information on the fate and behaviour (route of aerobic degradation in soil) and the long-term risk to birds.’

         (1)  Further details on identity and specification of active substance are provided in the review report.