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32000L0027

Council Directive 2000/27/EC of 2 May 2000 amending Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseases

Official Journal L 114 , 13/05/2000 P. 0028 - 0029

Council Directive 2000/27/ECof 2 May 2000amending Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseasesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) Council Directive 93/53/EEC(4) lays down that, in order to control an outbreak of, inter alia, infectious salmon anaemia (ISA), all fish in an infected farm are to be immediately withdrawn.(2) In May 1998, an outbreak of this disease occurred in Scotland, involving a number of sites that are infected or are suspected of being infected.(3) Experience gained has shown that it is possible to spread the withdrawal over a period of time, without impairing the efforts to eradicate the disease.(4) Under certain conditions, the application of provisions on vaccination may offer a new tool for controlling and containing ISA after an outbreak; at present no such option is provided for under Community legislation.(5) It is desirable to investigate fully the source of ISA, possible spread of the disease and the interchange between farmed and wild salmon.(6) No Community compensation has been payable to salmon farmers for the compulsory withdrawal of entire salmon farms under Directive 93/53/EEC.(7) The measures necessary for the implementation of Directive 93/53/EEC are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(8) Given the current state of scientific and technical evidence, Directive 95/53/EEC should therefore be amended accordingly.(9) Given the urgency of the matter it is imperative to grant an exception to the six-week period mentioned in part I point (3) of the Protocol on the role of national parliaments of the European Union annexed to the Treaty of Amsterdam,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 93/53/EEC is hereby amended as follows:1. The first indent of point (a) of Article 6 shall be replaced by the following text:"- all fish shall be withdrawn in accordance with a scheme established by the official service and approved by the Commission in accordance with the procedure laid down in Article 19(2)."2. Paragraph 1 of Article 14 shall be replaced by the following text:"1. Vaccination against list II diseases in approved zones, in approved farms situated in non-approved zones or in zones or farms which have already begun the approval procedures laid down by Directive 91/67/EEC and against list I diseases shall be forbidden.However, by way of derogation, vaccination may be authorised in the case of an outbreak of list I diseases provided the procedures for vaccination are specified in the approved contingency plans in accordance with Article 15 and account is taken of the criteria set out in Annex E."3. A new Article shall be added:"Article 18aThe measures necessary for the implementation of this Directive concerning the measures referred to in the Articles listed hereinafter are to be adopted in accordance with the regulatory procedures referred to in Article 19(2):- Article 5(2),- Article 6,- Article 10(1) and (2),- Article 12,- Article 15,- Article 16- Article 18, second subparagraph."4. Article 19 shall be replaced with the following:"Article 191. The Commission shall be assisted by the Standing Veterinary Committee established by Decision 68/361/EEC(6), hereinafter referred to as the Committee.2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.3. The Committee shall adopt its rules of procedure."5. Annex E attached to this Directive shall be adopted.Article 2Member States shall bring into force the laws, regulations and administrative provisions to comply with this Directive by 31 December 2000. They shall forthwith inform the Commission thereof.They shall apply those provisions not later than 1 January 2001.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. The methods of making such a reference shall be laid down by the Member States.Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 2 May 2000.For the CouncilThe PresidentJ. Coelho(1) OJ C 342, 30.11.1999, p. 42.(2) Opinion delivered on 2 March 2000 (not yet published in the Official Journal).(3) OJ C 51, 23.2.2000, p. 30.(4) OJ L 175, 19.7.1993, p. 23. Directive as amended by the 1994 Act of Accession.(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 255, 18.10.1968, p. 23.ANNEX"ANNEX ECRITERIA FOR VACCINATION PROGRAMMESVaccination programmes must contain at least the following information:1. The nature of the disease calling for a request to be made to vaccinate.2. Information shall be supplied on the coastal and mainland areas, the sites and farms in which vaccination may be carried out: under no circumstances may vaccination be conducted beyond the limits of the infected area and, if necessary, the buffer zone established around the infected area.3. Detailed information on the vaccine to be used, including the type(s) of vaccine which may be used.4. Detailed information on the conditions for use, frequency of vaccination and the limits on use of the vaccine (which fish, which cages, etc.).5. The criteria for ceasing vaccination.6. Provisions shall be adopted to ensure that a log is kept of past vaccinations (dates, sites and farms in which vaccination has been conducted, the establishment of a buffer zone, etc.).7. Measures shall be taken for fish movements to be limited within the vaccination area so as to guarantee that fish can leave the vaccination area only if they are to be killed for human consumption, or if necessary to be destroyed.8. Any other necessary provisions required for vaccination."


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31973L0148

Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services

Official Journal L 172 , 28/06/1973 P. 0014 - 0016 Finnish special edition: Chapter 6 Volume 1 P. 0135  Greek special edition: Chapter 06 Volume 1 P. 0144  Swedish special edition: Chapter 6 Volume 1 P. 0135  Spanish special edition: Chapter 06 Volume 1 P. 0132  Portuguese special edition Chapter 06 Volume 1 P. 0132

COUNCIL DIRECTIVE  of 21 May 1973  on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services  (73/148/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES  Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (2) and Article 63 (2) thereof;  Having regard to the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (1), and in particular Title II thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (2);  Having regard to the Opinion of the Economic and Social Committee (3);  Whereas freedom of movement of persons as provided for in the Treaty and the General Programmes for the abolition of restrictions on freedom of establishment and on freedom to provide services entails the abolition of restrictions on movement and residence within the Community for nationals of Member States wishing to establish themselves or to provide services within the territory of another Member State;  Whereas freedom of establishment can be fully attained only if a right of permanent residence is granted to the persons who are to enjoy freedom of establishment ; whereas freedom to provide services entails that persons providing and receiving services should have the right of residence for the time during which the services are being provided;  Whereas Council Directive of 25 February 1964 (4) on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services laid down the rules applicable in this area to activities as self-employed persons;  Whereas Council Directive of 15 October 1968 (5) on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, which replaced the Directive of 25 March 1964 (6) bearing the same title, has in the meantime amended the rules applicable to employed persons;  Whereas the provisions concerning movement and residence within the Community of self-employed persons and their families should likewise be improved;  Whereas the coordination of special measures concerning the movement and residence of foreign nationals, justified on grounds of public policy, public security or public health, is already the subject of the Council Directive of 25 February 1964 (7);  AS ADOPTED THIS DIRECTIVE:       Article 1  1. The Member States shall, acting as provided in this Directive, abolish restrictions on the movement and residence of:  (1)OJ No 2, 15.1.1962, p. 32/62 and 36/62. (2)OJ No C 19, 28.2.1972, p. 5. (3)OJ No C 67, 24.6.1972, p. 7. (4)OJ No 56, 4.4.1964, p. 845/64. (5)OJ No L 257, 19.10.1968, p. 13. (6)OJ No 62, 17.4.1964, p. 981/64. (7)OJ No 56, 4.4.1964, p. 850/64.       (a) nationals of a Member State who are established or who wish to establish themselves in another Member State in order to pursue activities as self-employed persons, or who wish to provide services in that State;           (b) nationals of Member States wishing to go to another Member State as recipients of services;           (c) the spouse and the children under twenty-one years of age of such nationals, irrespective of their nationality;           (d) the relatives in the ascending and descending lines of such nationals and of the spouse of such nationals, which relatives are dependent on them, irrespective of their nationality.              2. Member States shall favour the admission of any other member of the family of a national referred to in paragraph 1 (a) or (b) or of the spouse of that national, which member is dependent on that national or spouse of that national or who in the country of origin was living under the same roof.  Article 2 1. Member States shall grant the persons referred to in Article 1 the right to leave their territory. Such right shall be exercised simply on production of a valid identity card or passport. Members of the family shall enjoy the same right as the national on whom they are dependent.  2. Member States shall, acting in accordance with their laws, issue to their nationals, or renew, an identity card or passport, which shall state in particular the holder's nationality.  3. The passport must be valid at least for all Member States and for countries through which the holder must pass when travelling between Member States. Where a passport is the only document on which the holder may lawfully leave the country, its period of validity shall be not less than five years.  4. Member States may not demand from the persons referred to in Article 1 any exit visa or any equivalent requirement.   Article 3 1. Member States shall grant to the persons referred to in Article 1 right to enter their territory merely on production of a valid identity card or passport.  2. No entry visa or equivalent requirement may be demanded save in respect of members of the family who do have the nationality of a Member State. Member States shall afford to such persons every facility for obtaining any necessary visas.   Article 4 1. Each Member State shall grant the right of permanent residence to nationals of other Member States who establish themselves within its territory in order to pursue activities as self-employed persons, when the restrictions on these activities have been abolished pursuant to the Treaty.  As proof of the right of residence, a document entitled "Residence Permit for a National of a Member State of the European Communities" shall be issued. This document shall be valid for not less than five years from the date of issue and shall be automatically renewable.  Breaks in residence not exceeding six consecutive months and absence on military service shall not affect the validity of a residence permit.  A valid residence permit may not be withdrawn from a national referred to in Article 1 (1) (a) solely on the grounds that he is no longer in employment because he is temporarily incapable of work as a result of illness or accident.  Any national of a Member State who is not specified in the first subparagraph but who is authorized under the laws of another Member State to pursue an activity within its territory shall be granted a right of abode for a period not less than that of the authorization granted for the pursuit of the activity in question.  However, any national referred to in subparagraph 1 and to whom the provisions of the preceding subparagraph apply as a result of a change of employment shall retain his residence permit until the date on which it expires.  2. The right of residence for persons providing and receiving services shall be of equal duration with the period during which the services are provided.  Where such period exceeds three months, the Member State in the territory of which the services are performed shall issue a right of abode as proof of the right of residence.  Where the period does not exceed three months, the identity card or passport with which the person concerned entered the territory shall be sufficient to  cover his stay. The Member State may, however, require the person concerned to report his presence in the territory.  3. A member of the family who is not a national of a Member State shall be issued with a residence document which shall have the same validity as that issued to the national on whom he is dependent.   Article 5 The right of residence shall be effective throughout the territory of the Member State concerned.   Article 6 An applicant for a residence permit or right of abode shall not be required by a Member State to produce anything other than the following, namely:      (a) the identity card or passport with which he or she entered its territory;           (b) proof that he or she comes within one of the classes of person referred to in Articles 1 and 4.              Article 7 1. The residence documents granted to nationals of a Member State shall be issued and renewed free of charge or on payment of an amount not exceeding the dues and taxes charged for the issue of identity cards to nationals. These provisions shall also apply to documents and certificates required for the issue and renewal of such residence documents.  2. The visas referred to in Article 3 (2) shall be free of charge.  3. Member States shall take the necessary steps to simplify as much as possible the formalities and the procedure for obtaining the documents mentioned in paragraph 1.   Article 8 Member States shall not derogate from the provisions of this Directive save on grounds of public policy, public security or public health.   Article 9 1. Member States shall, within six months of notification of this Directive, bring into force the measures necessary to comply with its provisions and shall forthwith inform the Commission thereof.  2. They shall notify the Commission of amendments made to provisions imposed by law, regulation or administrative action for the simplification with regard to establishment and the provision of services of the formalities and procedure for issuing such documents as are still necessary for the movement and residence of persons referred to in Article 1.   Article 10 1. The Council Directive of 25 February 1964 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services shall remain applicable until this Directive is implemented by the Member States.  2. Residence documents issued pursuant to the Directive referred to in paragraph 1 shall remain valid until the date on which they next expire.   Article 11 This Directive is addressed to the Member States.     Done at Brussels, 21 May 1973.  For the Council  The President  E. GLINNE