title: Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast)

text:
               28.5.2014

               EN

               Official Journal of the European Union

               L 159/1

         DIRECTIVE 2014/60/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 15 May 2014
   on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Acting in accordance with the ordinary legislative procedure (1),
   Whereas:

               (1)

               Council Directive 93/7/EEC (2) has been substantially amended by Directives 96/100/EC (3) and 2001/38/EC (4) of the European Parliament and of the Council. Since further amendments are to be made, it should be recast in the interests of clarity.

               (2)

               The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the Treaty on the Functioning of the European Union (TFEU). According to Article 36 TFEU, the relevant provisions on free movement of goods do not preclude prohibitions or restrictions on imports, exports or goods in transit, justified on grounds of the protection of national treasures possessing artistic, historic or archaeological value.

               (3)

               Under the terms and within the limits of Article 36 TFEU, Member States retain the right to define their national treasures and to take the necessary measures to protect them. Nevertheless, the Union plays a valuable role in encouraging cooperation between Member States with a view to protecting cultural heritage of European significance, to which such national treasures belong.

               (4)

               Directive 93/7/EEC introduced arrangements enabling Member States to secure the return to their territory of cultural objects which are classified as national treasures within the meaning of Article 36 TFEU, which fall within the common categories of cultural objects referred to in the Annex to that Directive, and which have been removed from their territory in breach of the national measures or of Council Regulation (EC) No 116/2009 (5). That Directive also covered cultural objects classified as national treasures and forming an integral part of public collections or inventories of ecclesiastical institutions which did not fall within those common categories.

               (5)

               Directive 93/7/EEC established administrative cooperation between Member States as regards their national treasures, closely linked to their cooperation with Interpol and other competent bodies in the field of stolen works of art and involving, in particular, the recording of lost, stolen or illegally removed cultural objects forming part of their national treasures and their public collections.

               (6)

               The procedure provided for in Directive 93/7/EEC was a first step in establishing cooperation between Member States in this field in the context of the internal market, with the aim of further mutual recognition of relevant national laws.

               (7)

               Regulation (EC) No 116/2009, together with Directive 93/7/EEC, introduced a Union system for the protection of Member States' cultural objects.

               (8)

               The objective of Directive 93/7/EEC was to ensure the physical return of the cultural objects to the Member State from whose territory those objects have been unlawfully removed, irrespective of the property rights applying to such objects. The application of that Directive, however, has shown the limitations of the arrangements for securing the return of such cultural objects. The reports on the application of that Directive have pointed out its infrequent application due in particular to the limitation of its scope, which resulted from the conditions set out in the Annex to that Directive, the short period of time allowed to initiate return proceedings and the costs associated with return proceedings.

               (9)

               The scope of this Directive should be extended to any cultural object classified or defined by a Member State under national legislation or administrative procedures as a national treasure possessing artistic, historic or archaeological value within the meaning of Article 36 TFEU. This Directive should thus cover objects of historical, paleontological, ethnographic, numismatic interest or scientific value, whether or not they form part of public or other collections or are single items, and whether they originate from regular or clandestine excavations, provided that they are classified or defined as national treasures. Furthermore, cultural objects classified or defined as national treasures should no longer have to belong to categories or comply with thresholds related to their age and/or financial value in order to qualify for return under this Directive.

               (10)

               The diversity of national arrangements for protecting national treasures is recognised in Article 36 TFEU. In order to foster mutual trust, a willingness to cooperate and mutual understanding between Member States, the scope of the term ‘national treasure’ should be determined, in the framework of Article 36 TFEU. Member States should also facilitate the return of cultural objects to the Member State from whose territory those objects have been unlawfully removed regardless of the date of accession of that Member State, and should ensure that the return of such objects does not give rise to unreasonable costs. It should be possible for Member States to return cultural objects other than those classified or defined as national treasures provided that they respect the relevant provisions of the TFEU, as well as cultural objects unlawfully removed before 1 January 1993.

               (11)

               The administrative cooperation between Member States needs to be increased so that this Directive can be applied more effectively and uniformly. Therefore, the central authorities should be required to cooperate efficiently with each other and to exchange information relating to unlawfully removed cultural objects through the use of the Internal Market Information System (‘IMI’) provided for by Regulation (EU) No 1024/2012 of the European Parliament and of the Council (6). In order to improve the implementation of this Directive, a module of the IMI system specifically customised for cultural objects should be established. It is also desirable for other competent authorities of the Member States to use the same system, where appropriate.

               (12)

               In order to ensure the protection of personal data, administrative cooperation and the exchange of information between the competent authorities should comply with the rules set out in Directive 95/46/EC of the European Parliament and of the Council (7), and, in so far as the IMI is used, in Regulation (EU) No 1024/2012. The definitions used in Directive 95/46/EC and in Regulation (EC) No 45/2001 of the European Parliament and of the Council (8) should also apply for the purposes of this Directive.

               (13)

               The time-limit for checking whether the cultural object found in another Member State is a cultural object within the meaning of Directive 93/7/EEC was identified as being too short in practice. Therefore, it should be extended to six months. A longer period should allow Member States to take the necessary measures to preserve the cultural object and, where appropriate, prevent any action to evade the return procedure.

               (14)

               The time-limit for bringing return proceedings should also be extended to three years after the Member State from whose territory the cultural object was unlawfully removed became aware of the location of the cultural object and of the identity of its possessor or holder. The extension of this period should facilitate the return and discourage the illegal removal of national treasures. In the interest of clarity, it should be stipulated that the time-limit for bringing proceedings begins on the date on which the information came to the knowledge of the central authority of the Member State from whose territory the cultural object was unlawfully removed.

               (15)

               Directive 93/7/EEC provided that return proceedings may not be brought more than 30 years after the object was unlawfully removed from the territory of the Member State. However, in the case of objects forming part of public collections and of objects belonging to inventories of ecclesiastical institutions in the Member States where they are subject to special protection arrangements under national law, return proceedings are subject to a longer time-limit under certain circumstances. Due to the fact that Member States may have special protection arrangements under national law with religious institutions other than ecclesiastical ones, this Directive should also extend to those other religious institutions.

               (16)

               In its Conclusions on preventing and combating crime against cultural goods adopted on 13 and 14 December 2011, the Council recognised the need to take measures in order to make preventing and combating crime concerning cultural objects more effective. It recommended that the Commission support Member States in the effective protection of cultural objects with a view to preventing and combating trafficking and promoting complementary measures where appropriate. In addition, the Council recommended that the Member States consider the ratification of the Unesco Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 17 November 1970, and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995.

               (17)

               It is desirable to ensure that all those involved in the market exercise due care and attention in transactions involving cultural objects. The consequences of acquiring a cultural object of unlawful origin will only be genuinely dissuasive if the payment of compensation is coupled with an obligation on the possessor to prove the exercise of due care and attention. Therefore, in order to achieve the Union's objectives of preventing and combating unlawful trafficking in cultural objects, this Directive should stipulate that the possessor must provide proof that he exercised due care and attention in acquiring the object, for the purpose of compensation.

               (18)

               It would also be useful for any person, and in particular those who are involved in the market, to have easy access to public information on cultural objects classified or defined as national treasures by the Member States. Member States should try to facilitate access to this public information.

               (19)

               In order to facilitate a uniform interpretation of the concept of due care and attention, this Directive should set out non-exhaustive criteria to be taken into account to determine whether the possessor exercised due care and attention when acquiring the cultural object.

               (20)

               Since the objective of this Directive, namely to enable the return of cultural objects classified or defined as national treasures which have been unlawfully removed from the territory of Member States, cannot be sufficiently achieved by the Member States, but can, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (21)

               Since the tasks of the committee set up by Regulation (EC) No 116/2009 are rendered obsolete by the deletion of the Annex to Directive 93/7/EEC, references to that committee should be deleted accordingly. However, in order to maintain the platform for the exchange of experience and good practices on the implementation of this Directive among Member States, the Commission should set up an expert group, composed of experts from the Member States' central authorities responsible for the implementation of this Directive, which should be involved, inter alia, in the process of customising a module of the IMI system for cultural objects.

               (22)

               Since the Annex to Regulation (EU) No 1024/2012 contains a list of provisions on administrative cooperation in Union acts which are implemented by means of the IMI, that Annex should be amended to include this Directive.

               (23)

               The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment as compared to the earlier Directives. The obligation to transpose the provisions which are unchanged arises from the earlier Directives.

               (24)

               This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Annex I, Part B,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   This Directive applies to the return of cultural objects classified or defined by a Member State as being among national treasures, as referred to in point (1) of Article 2, which have been unlawfully removed from the territory of that Member State.
   Article 2
   For the purposes of this Directive, the following definitions apply:

               (1)

               ‘cultural object’ means an object which is classified or defined by a Member State, before or after its unlawful removal from the territory of that Member State, as being among the ‘national treasures possessing artistic, historic or archaeological value’ under national legislation or administrative procedures within the meaning of Article 36 TFEU;

               (2)

               ‘unlawfully removed from the territory of a Member State’ means:

                           (a)

                           removed from the territory of a Member State in breach of its rules on the protection of national treasures or in breach of Regulation (EC) No 116/2009; or

                           (b)

                           not returned at the end of a period of lawful temporary removal or any breach of another condition governing such temporary removal;

               (3)

               ‘requesting Member State’ means the Member State from whose territory the cultural object has been unlawfully removed;

               (4)

               ‘requested Member State’ means the Member State in whose territory a cultural object, which was unlawfully removed from the territory of another Member State, is located;

               (5)

               ‘return’ means the physical return of the cultural object to the territory of the requesting Member State;

               (6)

               ‘possessor’ means the person physically holding the cultural object on his own account;

               (7)

               ‘holder’ means the person physically holding the cultural object for third parties;

               (8)

               ‘public collections’ means collections, defined as public in accordance with the legislation of a Member State, which are the property of that Member State, of a local or regional authority within that Member State or of an institution situated in the territory of that Member State, such institution being the property of, or significantly financed by, that Member State or local or regional authority.

         Article 3
   Cultural objects which have been unlawfully removed from the territory of a Member State shall be returned in accordance with the procedure and in the circumstances provided for in this Directive.
   Article 4
   Each Member State shall appoint one or more central authorities to carry out the tasks provided for in this Directive.
   Member States shall inform the Commission of all the central authorities they appoint pursuant to this Article.
   The Commission shall publish a list of those central authorities and any changes concerning them in the C series of the Official Journal of the European Union.
   Article 5
   Member States' central authorities shall cooperate and promote consultation between the Member States' competent national authorities. The latter shall in particular:

               (1)

               upon application by the requesting Member State, seek a specified cultural object which has been unlawfully removed from its territory, identifying the possessor and/or holder. The application must include all information needed to facilitate the search, with particular reference to the actual or presumed location of the object;

               (2)

               notify the Member States concerned, where a cultural object is found in their own territory and there are reasonable grounds for believing that it has been unlawfully removed from the territory of another Member State;

               (3)

               enable the competent authorities of the requesting Member State to check that the object in question is a cultural object, provided that the check is made within six months of the notification provided for in point (2). If it is not made within the stipulated period, points (4) and (5) shall cease to apply;

               (4)

               take any necessary measures, in cooperation with the Member State concerned, for the physical preservation of the cultural object;

               (5)

               prevent, by the necessary interim measures, any action to evade the return procedure;

               (6)

               act as intermediary between the possessor and/or holder and the requesting Member State with regard to return. To that end, the competent authorities of the requested Member State may, without prejudice to Article 6, first facilitate the implementation of an arbitration procedure, in accordance with the national legislation of the requested Member State and provided that the requesting Member State and the possessor or holder give their formal approval.

         In order to cooperate and consult with each other, the central authorities of the Member States shall use a module of the Internal Market Information System (‘IMI’) established by Regulation (EU) No 1024/2012 specifically customised for cultural objects. They may also use the IMI to disseminate relevant case-related information concerning cultural objects which have been stolen or unlawfully removed from their territory. The Member States shall decide on the use of the IMI by other competent authorities for the purposes of this Directive.
   Article 6
   The requesting Member State may initiate, before the competent court in the requested Member State, proceedings against the possessor or, failing him, the holder, with the aim of securing the return of a cultural object which has been unlawfully removed from its territory.
   Proceedings may be brought only where the document initiating them is accompanied by:

               (a)

               a document describing the object covered by the request and stating that it is a cultural object;

               (b)

               a declaration by the competent authorities of the requesting Member State that the cultural object has been unlawfully removed from its territory.

         Article 7
   The competent central authority of the requesting Member State shall forthwith inform the competent central authority of the requested Member State that proceedings have been initiated with the aim of securing the return of the object in question.
   The competent central authority of the requested Member State shall forthwith inform the central authorities of the other Member States.
   The exchange of information shall be conducted using the IMI in accordance with the applicable legal provisions on the protection of personal data and privacy, without prejudice to the possibility for the competent central authorities to use other means of communication in addition to the IMI.
   Article 8
   1.   Member States shall provide in their legislation that return proceedings under this Directive may not be brought more than three years after the competent central authority of the requesting Member State became aware of the location of the cultural object and of the identity of its possessor or holder.
   Such proceedings may, in any event, not be brought more than 30 years after the object was unlawfully removed from the territory of the requesting Member State.
   However, in the case of objects forming part of public collections, defined in point (8) of Article 2, and objects belonging to inventories of ecclesiastical or other religious institutions in the Member States where they are subject to special protection arrangements under national law, return proceedings shall be subject to a time-limit of 75 years, except in Member States where proceedings are not subject to a time-limit or in the case of bilateral agreements between Member States providing for a period exceeding 75 years.
   2.   Return proceedings may not be brought if removal of the cultural object from the national territory of the requesting Member State is no longer unlawful at the time when they are to be initiated.
   Article 9
   Save as otherwise provided in Articles 8 and 14, the competent court shall order the return of the cultural object in question where it is found to be a cultural object within the meaning of point (1) of Article 2 and to have been removed unlawfully from national territory.
   Article 10
   Where return of the object is ordered, the competent court in the requested Member State shall award the possessor fair compensation according to the circumstances of the case, provided that the possessor demonstrates that he exercised due care and attention in acquiring the object.
   In determining whether the possessor exercised due care and attention, consideration shall be given to all the circumstances of the acquisition, in particular the documentation on the object's provenance, the authorisations for removal required under the law of the requesting Member State, the character of the parties, the price paid, whether the possessor consulted any accessible register of stolen cultural objects and any relevant information which he could reasonably have obtained, or took any other step which a reasonable person would have taken in the circumstances.
   In the case of a donation or succession, the possessor shall not be in a more favourable position than the person from whom he acquired the object by those means.
   The requesting Member State shall pay that compensation upon return of the object.
   Article 11
   Expenses incurred in implementing a decision ordering the return of a cultural object shall be borne by the requesting Member State. The same applies to the costs of the measures referred to in point (4) of Article 5.
   Article 12
   Payment of the fair compensation and of the expenses referred to in Articles 10 and 11 respectively shall be without prejudice to the requesting Member State's right to take action with a view to recovering those amounts from the persons responsible for the unlawful removal of the cultural object from its territory.
   Article 13
   Ownership of the cultural object after return shall be governed by the law of the requesting Member State.
   Article 14
   This Directive shall apply only to cultural objects unlawfully removed from the territory of a Member State on or after 1 January 1993.
   Article 15
   1.   Each Member State may apply the arrangements provided for in this Directive to the return of cultural objects other than those defined in point (1) of Article 2.
   2.   Each Member State may apply the arrangements provided for in this Directive to requests for the return of cultural objects unlawfully removed from the territory of other Member States prior to 1 January 1993.
   Article 16
   This Directive shall be without prejudice to any civil or criminal proceedings that may be brought, under the national laws of the Member States, by the requesting Member State and/or the owner of a cultural object that has been stolen.
   Article 17
   1.   By 18 December 2015 and every five years thereafter, Member States shall submit to the Commission a report on the application of this Directive.
   2.   Every five years the Commission shall present a report to the European Parliament, the Council and the European Economic and Social Committee, reviewing the application and effectiveness of this Directive. The report shall be accompanied, if necessary, by appropriate proposals.
   Article 18
   The following point shall be added to the Annex to Regulation (EU) No 1024/2012:

                  ‘8.

                  Directive 2014/60/EU of the European Parliament and the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (9): Articles 5 and 7.

   Article 19
   1.   By 18 December 2015, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with point (1) of Article 2, point (3) of the first paragraph of Article 5, the second paragraph of Article 5, the third paragraph of Article 7, Article 8(1), the first and the second paragraphs of Article 10 and Article 17(1) of this Directive.
   They shall forthwith communicate the text of those measures to the Commission.
   When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
   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 20
   Directive 93/7/EEC, as amended by the Directives listed in Annex I, Part A, is repealed with effect from 19 December 2015, without prejudice to the obligations of Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
   Article 21
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Points (2) to (8) of Article 2, Articles 3 and 4, points (1), (2) and (4) to (6) of the first paragraph of Article 5, Article 6, the first and second paragraphs of Article 7, Article 8(2), Article 9, the third and fourth paragraphs of Article 10, and Articles 11 to 16 shall apply from 19 December 2015.
   Article 22
   The Directive is addressed to the Member States.

      Done at Brussels, 15 May 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         D. KOURKOULAS

      (1)  Position of the European Parliament of 16 April 2014 (not yet published in the Official Journal) and decision of the Council of 8 May 2014.

      (2)  Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State (OJ L 74, 27.3.1993, p. 74).

      (3)  Directive 96/100/EC of the European Parliament and of the Council of 17 February 1997 amending the Annex to Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State (OJ L 60, 1.3.1997, p. 59).

      (4)  Directive 2001/38/EC of the European Parliament and of the Council of 5 June 2001 amending Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State (OJ L 187, 10.7.2001, p. 43).

      (5)  Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods (OJ L 39, 10.2.2009, p. 1).

      (6)  Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).

      (7)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 74).

      (8)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      ANNEX I
      PART A

         Repealed Directive with list of its successive amendments

      (referred to in Article 20)

                  Council Directive 93/7/EEC

                  (OJ L 74, 27.3.1993, p. 74).

                  Directive 96/100/EC of the European Parliament and of the Council

                  (OJ L 60, 1.3.1997, p. 59).

                  Directive 2001/38/EC of the European Parliament and of the Council

                  (OJ L 187, 10.7.2001, p. 43).

            PART B

         List of time-limits for transposition into national law

      (referred to in Article 20)

                  Directive

                  Time-limit for transposition

                  93/7/EEC

                  15.12.1993 (15.3.1994 for Belgium, Germany and the Netherlands)

                  96/100/EC

                  1.9.1997

                  2001/38/EC

                  31.12.2001

      ANNEX II
      Correlation table

                  Directive 93/7/EEC

                  This Directive

                  —

                  Article 1

                  Article 1, point (1), first indent

                  Article 2, point (1)

                  Article 1, point (1), second indent, introductory part

                  —

                  Article 1, point (1), second indent, first sub-indent, first phrase

                  —

                  Article 1, point (1), second indent, first sub-indent, second phrase

                  Article 2, point (8)

                  Article 1, point (1), second indent, second sub-indent

                  —

                  Article 1, point (2), first indent

                  Article 2, point (2)(a)

                  Article 1, point (2), second indent

                  Article 2, point (2)(b)

                  Article 1, points (3) to (7)

                  Article 2, points (3) to (7)

                  Article 2

                  Article 3

                  Article 3

                  Article 4

                  Article 4, introductory part

                  Article 5, first paragraph, introductory part

                  Article 4, points (1) and (2)

                  Article 5, first paragraph, points (1) and (2)

                  Article 4, point (3)

                  Article 5, first paragraph, point (3)

                  Article 4, points (4) to (6)

                  Article 5, first paragraph, points (4) to (6)

                  —

                  Article 5, second paragraph

                  Article 5, first paragraph

                  Article 6, first paragraph

                  Article 5, second paragraph, first indent

                  Article 6, second paragraph, point (a)

                  Article 5, second paragraph, second indent

                  Article 6, second paragraph, point (b)

                  Article 6, first paragraph

                  Article 7, first paragraph

                  Article 6, second paragraph

                  Article 7, second paragraph

                  —

                  Article 7, third paragraph

                  Article 7(1) and (2)

                  Article 8(1) and (2)

                  Article 8

                  Article 9

                  Article 9, first paragraph

                  Article 10, first paragraph

                  Article 9, second paragraph

                  —

                  —

                  Article 10, second paragraph

                  Article 9, third and fourth paragraphs

                  Article 10, third and fourth paragraphs

                  Articles 10 to 15

                  Articles 11 to 16

                  Article 16(1) and (2)

                  Article 17(1) and (2)

                  Article 16(3)

                  —

                  Article 16(4)

                  —

                  Article 17

                  —

                  —

                  Article 18

                  Article 18

                  Article 19

                  —

                  Article 20

                  —

                  Article 21

                  Article 19

                  Article 22

                  Annex

                  —

                  —

                  Annex I

                  —

                  Annex II


Avis juridique important

|

31986L0297

Council Directive 86/297/EEC of 26 May 1986 on the approximation of the laws of the Member States relating to the power take-offs of wheeled agricultural and forestry tractors and their protection

Official Journal L 186 , 08/07/1986 P. 0019 - 0025 Finnish special edition: Chapter 13 Volume 15 P. 0180  Swedish special edition: Chapter 13 Volume 15 P. 0180

COUNCIL DIRECTIVEof 26 May 1986on the approximation of the  laws of the Member States relating to the power take-offs of wheeled agricultural and forestry  tractors and their protection(86/297/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 the technical requirements with which wheeled agricultural or forestry  tractors must comply pursuant to national laws relate, inter alia, to the power take-off and its  protection;Whereas those requirements differ from one Member State to another; whereas it is  therefore necessary that all Member States adopt the same requirements, either in addition to, or  in place of, their existing rules, in particular in order to allow the EEC type-approval procedure  which was the subject of Council Directive 74/150/EEC of 4 March 1974 on the approximation of the  laws of the Member States relating to the type-approval of wheeled agricultural or forestry  tractors (4), as last amended by the Act of Accession of Spain and Portugal, to be applied in  respect of each tractor type;Whereas the Council Resolution of 29 June 1978 concerning an action  programme of the European Communities on safety and health at work (5) provides for the application  of the principles of accident prevention in the design and creation of plant and machinery,  including the agricultural sector; whereas the provisions concerning power take-offs and their  protection constitute safety factors;Whereas the approximation of the national laws relating to  wheeled agricultural or forestry tractors entails reciprocal recognition by Member States of the  checks carried out by each of them on the basis of common requirements,HAS ADOPTED THIS  DIRECTIVE:Article 11.  'Agricultural or forestry tractors' means any motor  vehicle, fitted with wheels or endless tracks, having at leasttwo axles, the main function of  which lies in its tractive power and which is specially designed to tow, push, carry or power  certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped  to carry a load or passengers.2.  This Directive shall apply only to the tractors defined in  paragraph 1, which are fitted with pneumatic tyres and have at least two axles and a maximum design  speed of between 6 and 30 km/h.Article 2N° Member State may refuse to grant EEC type-approval or  national type-approval in respect of a tractor, or refuse or prohibit its sale, registration, entry  into service or use, on grounds relating to the power take-off and its protection if the latter  satisfy the requirements set out in Annex I.Article 3This Directive shall not affect the right of  Member States to specify, with due observance of the Treaty, the requirements they deem necessary  to ensure that workers are protected when using the tractors in question, provided this does not  mean that the power take-off and its protection are modified in a way unspecified in this  Directive.Article 4Any amendments necessary to adapt the requirements of Annex I and the model  Annex to the EEC type-approval certificate shown in Annex II to technical progress shall be adopted  in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.Article 51.   Member States shall bring into force the laws, regulations and administrative provisions necessary  to comply with this Directive within 18 months of its adoption. They shall forthwith inform the  Commission thereof. However, the requirements of section 5.2 of Annex I shall not apply until 1  October 1995. 2.  Member States shall ensure that the text of the main provisions of national law which they  adopt in the field covered by this Directive are communicated to the Commission.Article 6This  Directive is addressed to the Member States. Done at Brussels, 26 May 1986.For the CouncilThe PresidentG. BRAKS (1) OJ N° C 164, 23. 6. 1983, p. 5. (2) OJ N° C 307, 14. 11. 1983, p. 104. (3) OJ N° C 341, 19. 12. 1983, p. 2. (4) OJ N° L 84, 28. 3. 1974, p. 10. (5) OJ N° C 165, 11. 7. 1978, p. 3.  ANNEX IDEFINITION AND SCOPE, APPLICATION FOR EEC TYPE-APPROVAL, EEC, TYPE-APPROVAL,  TYPES OF POWER TAKE-OFF AND DESIGN AND POSITIONING REQUIREMENTS IN RESPECT OF THE LATTER AND THEIR  PROTECTIVE GUARDS1.DEFINITION AND SCOPE1.1.'Power take-off' (PTO) means the projecting part of the  tractor drive shaft which transmits motion to a machine.1.2.The provisions of this Directive shall  apply only to power take-offs as defined in 1.1 and located at the rear of the tractor. However,  section 5.2 below shall apply only to tractors with a minimum fixed or adjustable track at one of  the drive axles of at least 1 150 mm.2.APPLICATION FOR EEC TYPE-APPROVAL2.1.The application for the  type approval of a tractor type as regards the power take-off and its protection must be submitted  by the tractor manufacturer or his authorized representative.2.2.It must be accompanied by  drawings, in triplicate, on an appropriate and suitably detailed scale, of those parts of the  tractor subject to the requirements of this Directive.2.3.A tractor representative of the type  submitted for approval or those part(s) of the tractor considered essential for the execution of  the tests required by this Directive must be supplied to the technical service responsible for  conducting the type-approval tests.3.EEC TYPE-APPROVAL3.1.A certificate conforming to the model  which appears in Annex II must be attached to the EEC type-approval certificate for each approval  granted or refused.4.TYPES OF POWER TAKE-OFF4.1.The characteristics of PTOs must conform to one of  the types described in Table 1:>TABLE>4.2.It must be possible to maintain the rotation  speed of the PTO by suitable means.4.3.Should more than one ratio between the engine speed and the  PTO rotation speed be provided, any change of ratio must be perceptible. In addition, specific  design measures must be taken to ensure that unintentional changes of ratio - in particular  changing to a higher rotation speed - cannot occur. This safety device must operate each time the  PTO is engaged.4.4.Means must be provided by which the selected PTO rotation speed is clearly  indicated at all times.5.DESIGN AND POSITIONING REQUIREMENTS5.1.Direction of rotation of the rear  PTOClockwise when the PTO is observed in the direction of travel of the tractor.5.2.Zone of  clearance around the PTOThe PTO zone of clearance must be in conformity with the drawings in Figure  1 and the dimensions in Table 2. >START OF GRAPHIC>Section A A<?aeIC><?aeIL19,4><?aeFN2,2>a<?aeFA3,6>b<?aeFN34,8>view from above<?aeIC> <?aeFN5,6><?aeBT><?aeTX3Y0><?aa8N><?aeUV15><?aeBB9><?aeIL3,>Figure 1<?aa6A><?aeIL3,>Zone of clearance around  PTO<?aa5A"END OF GRAPHIC>>TABLE>5.3.Protection of PTOs5.3.1.Protection5.3.1.1.The power  take-off must be protected by a guard mounted on the tractor which covers at least the top part and  the two sides of the PTO as shown in Figure 2 below, or by other means providing a similar degree  of protection such as the location of the PTO in a recess that is part of the tractor or is formed  by a separate part (tow-hook mounts, coupling cover, etc.).5.3.1.2.The dimensions of the protective  guard are laid down, as a function of the type of PTO, in Table 3 below.5.3.1.3.An additional  non-rotating protective device which fully covers the PTO must also be supplied with the tractor to  protect the PTO when the latter is not in use.5.3.2.Characteristics of protective guards5.3.2.1.The  protective guard must be designed so as not to impede (or in order to facilitate) the use and  maintenance of the tractor.It must be possible to carry out maintenance operations without removing  the protective guard. 5.3.2.2.The materials used must be able to withstand bad weather, must retain their mechanical  properties in cold weather and must be sufficiently sturdy.5.3.2.3.The protective guard must have  no points or sharp edges; it must contain no orifices exceeding 8 mm diameter or side of a square  or rectangle other than that necessary for attaching the chain of the protective device for the  universal-joint drive shaft and must be able to bear a weight of 120 daN, unless it is designed in  such a way that it cannot be used as a step.>START OF GRAPHIC>Optional shapes75 mm minHole <?Ì>oe  16 mmSize of angle optional16,5 mm<?aeFN26,><?aeIL3,>Figure 2<?aa6A><?aeIL3,>Protective guard for  type 1, 2 and 3 PTOs<?aa5A"END OF GRAPHIC>>TABLE> ANNEX IIMODELName of administrationANNEX TO THE EEC TYPE-APPROVED CERTIFICATE FOR A  TRACTOR TYPE WITH REGARD TO THE POWER TAKE-OFF AND ITS PROTECTION(Articles 4 (2) and 10 of Council  Directive 74/150/EEC of March 1974 on the approximation of the laws of the Member States relating  to the type approval of wheeled agricultural or forestry tractors)EEC type-approval No: 1Trade name  or mark of tractor:  2Tractor type:  3Name and address of manufacturer:  4If applicable, name and  address of manufacturer's authorized representative:  5Brief description of type of power take-off  and its protection:   6Date tractor submitted for type-approval:  7Technical service responsible  for type-approval tests:  8Date of report by that service:  9Number of report issued by that  service: 10EEC type-approval with regard to the power take-off and its protection has been  granted/refused (;).11The following drawings bearing the abovementioned type-approval N° are  attached to this communication:A set of drawings of those parts of the tractor considered of  interest for the purposes of Council Directive 86/297/EEC of 26 May 1986 on the approximation of  the laws of the Member States relating to power take-offs of wheeled agricultural on foresty  tractors and their protection.These drawings will be supplied to the competent authorities of the  Member States at their express request.12Remarks, if any: 13Place: 14Date: 15Signature: (;) Delete  where inapplicable.


Avis juridique important

|

31966L0601

Council Directive 66/601/EEC of 25 October 1966 amending the Council Directive of 26 June 1964 on health problems affecting intra-Community trade in fresh meat

Official Journal 192 , 27/10/1966 P. 3302 - 3304 Finnish special edition: Chapter 3 Volume 1 P. 0178  Danish special edition: Series I Chapter 1965-1966 P. 0213  Swedish special edition: Chapter 3 Volume 1 P. 0178  English special edition: Series I Chapter 1965-1966 P. 0244  Greek special edition: Chapter 03 Volume 2 P. 0054

COUNCIL DIRECTIVE of 25 October 1966 amending the Council Directive of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (66/601/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 1;  Having regard to the Opinion of the Economic and Social Committee;  Whereas the Council Directive of 26 June 1964 2 on health problems affecting intra-Community trade in fresh meat entered into force on 30 June 1965;  Whereas that Directive constitutes the first stage of a harmonisation designed to eliminate obstacles to trade arising from differences between the veterinary provisions of Member States, in particular as regards meat hygiene;  Whereas the incorporation of that Directive in the laws of each Member State has shown that its provisions should be adapted in the light of new technical and scientific data and the experience gained;  Whereas, therefore, certain amendments must be made to the original text as soon as possible, but without detriment to the basic standards and principles of the system instituted by that Directive;  Whereas, in the light of the experience gained, some of the definitions contained in that Directive should be amplified;  Whereas it must be specified that the reasons for prohibiting the marketing of meat must be stated at the time of the health inspection carried out in the country of destination, in particular to enable the powers of the veterinary expert responsible for delivering an opinion for the consignor to be defined;  Whereas it should be expressly stated that in trade in fresh meat not intended for human consumption, national provisions shall remain in force until such time as Community regulations are adopted;  Whereas the provisions on slaughterhouse hygiene must be maintained but the requirement that in slaughterhouses special places be provided where certain specific species of animal are not slaughtered can be withdrawn;  Whereas experience has shown that stamping requirements should be amended as regards small cuts of meat and offal and that the use of violet colouring matters in addition to methyl violet should be authorised for stamping meat;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Council Directive of 26 June 1964 on health problems affecting intra-Community trade in fresh meat shall be amended as indicated in the following Articles.   Article 2 1. Article 2 (a) shall read as follows:  "(a) "carcase" means the whole body of a slaughter animal after bleeding, evisceration and removal   1 OJ No 130, 19.7.1966, p. 2466/66.  2 OJ No 121, 29.7.1964, p. 2012/64.   of the limbs at the carpus and tarsus, the head, the tail and the udder ; in addition, in the case of bovine animals, sheep, goats and solipeds, after skinning."  2. There shall be added to the end of Article 2 (b) the words, "whether or not naturally connected to the carcase".   Article 3 In Article 3 (1) (c) there shall be substituted for the words "found to be healthy" the words, "as a result of such inspection, passed fit for slaughter for intra-Community trade in fresh meat".   Article 4 In Article 4 (4) there shall be inserted after the word "slaughterhouse" the words "or cutting plant".   Article 5 Article 5 (1) shall read as follows:  "1. Without prejudice to the powers arising from the second sentence of the second subparagraph of Article 4 (3), a Member State may prohibit the marketing of fresh meat on its territory if, at the time of the health inspection carried out in the country of destination, it is found that:    (a) such meat is unfit for human consumption ; or       (b) the provisions of Article 3 have not been observed."          Article 6 1. In Article 6 (1) A (a) 1 the words "und Schweinen" in the German text shall be deleted.  2. The following subparagraph (d) shall be added to Article 6 (1) A:  "(d) Fresh meat not intended for human consumption."  3. The following provisions shall be added to the end of Article 6 (1) A:  "The fresh meat referred to in (a), (b) and (c) above may only be consigned in accordance with Article 3."   Article 7 Chapter I (1) of Annex I shall be amended as follows:    (a) The following shall be substituted for the text of  subparagraph (b):  "(b) slaughter rooms large enough for work to be carried out satisfactorily ; in a slaughter room where both pigs and other animal species are slaughtered, a special place must be provided for slaughtering pigs;"       (b) Subparagraph (e) shall read as follows:  "(e) separate rooms for the storage of fat and for the storage of hides, horns and hooves, where such waste products are not removed from the slaughterhouse on the day of slaughter;"       (c) Subparagraph (p) shall read as follows:  "(p) an adequate supply, under pressure, of drinking water only ; however, non-drinking water may be used in exceptional cases for steam production, provided that the pipes installed for this purpose do not allow this water to be used for other purposes."          Article 8 Chapter V (18) of Annex I shall read as follows:  "18. Carcases of solipeds, pigs over four weeks old and bovine animals over three months old must be submitted for inspection split lengthwise into half carcases down the spinal column. In the case of such pigs and of solipeds, the head shall also be split lengthwise. If the inspection so necessitates, the official veterinarian may require any carcase to be split lengthwise."   Article 9 1. In the first indent of Chapter VII (29) of Annex I the words "in the dorsal region" shall be deleted.  2. Chapter VII (30) of Annex I shall read as follows:  "30. Livers shall be hot-branded with a stamp in accordance with 28.  Heads, tongues, hearts and lungs shall be marked with ink or hot-branded with a stamp in accordance with 28.  However, in the case of bovine animals under three months old, swine, sheep and goats, stamping of tongues and hearts shall not be compulsory."   3. Chapter VII (31) of Annex I shall read as follows:  "31. Cuts other than fat, subcutaneous fat, tails, ears and feet obtained in the cutting plants from properly stamped carcases must, where they do not bear a stamp, be marked with ink or hotbranded with a stamp in accordance with 28 which shall bear the number of the cutting plant instead of the veterinary approval number of the slaughterhouse;  Pieces of solid outer fat from which the rind has been removed shall be put together in lots of five pieces sealed under official supervision and labelled in accordance with 32."  4. The first paragraph of Chapter VII (32) of Annex I shall read as follows:  "32. When cuts from carcases of offal are consigned in packages, a stamp as provided for in 28 or 31 must be affixed to a clearly visible label attached to the package in such a way that it must necessarily be broken when the package is opened."  The last sentence of 32 shall be deleted.  5. Chapter VII (33) of Annex I shall read as follows:  "33. Only methyl violet or any other violet colouring matter authorised for such purpose under Community rules may be used for stamping meat with ink."   Article 10 Chapter VIII (34) of Annex I shall read as follows:  "34. The original copy of the health certificate accompanying meat during transportation to the country of destination must be issued by an official veterinarian at the time of loading. The health certificate must correspond in form and content to the model in Annex II, be expressed in the language of the country of destination at least and contain the information specified in the model in Annex II."   Article 11 Subparagraph (a) of point IV of Annex II shall read as follows:  "(a)   -  the meat described above 3   -  the label affixed to the packages of meat  described above 3  bears a stamp to the effect that the meat  comes wholly from animals slaughtered in  approved slaughterhouses;"   Article 12 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within eight months following its notification and shall forthwith inform the Commission thereof.   Article 13 This Directive is addressed to the Member States.     Done at Brussels, 25 October 1966.  For the Council  The President  B.W. BIESHEUVEL


title: Commission Directive 2011/81/EU of 20 September 2011 amending Directive 98/8/EC of the European Parliament and of the Council to include deltamethrin as an active substance in Annex I thereto  Text with EEA relevance

text:
               21.9.2011

               EN

               Official Journal of the European Union

               L 243/16

         COMMISSION DIRECTIVE 2011/81/EU
   of 20 September 2011
   amending Directive 98/8/EC of the European Parliament and of the Council to include deltamethrin as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

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

               (2)

               Pursuant to Regulation (EC) No 1451/2007, deltamethrin has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 18, insecticides, acaricides and products to control other arthropods, as defined in Annex V to that Directive.

               (3)

               Sweden was designated as rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 27 June 2008 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 6 May 2011, in an assessment report.

               (5)

               It appears from the evaluations that biocidal products used as insecticides, acaricides and products to control other arthropods and containing deltamethrin may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include deltamethrin in Annex I to that Directive.

               (6)

               Not all potential uses have been evaluated at Union level. It is therefore appropriate that Member States assess those uses or exposure scenarios and those risks to human populations and to environmental compartments that have not been representatively addressed in the Union level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to reduce the identified risks to acceptable levels.

               (7)

               In the light of the risks identified for the aquatic ecosystem when products were used for indoor barrier treatment, resulting in emissions of a certain scale to a sewage treatment plant, it is appropriate to require that products are not authorised for uses resulting in such emissions, unless data are submitted demonstrating that the product will meet the requirements of both Article 5 of and Annex VI to Directive 98/8/EC, if necessary by the application of appropriate risk mitigation measures.

               (8)

               The provisions of this Directive should be applied at the same time in all Member States in order to ensure equal treatment on the Union market of biocidal products containing the active substance deltamethrin and also to facilitate the proper operation of the biocidal products market in general.

               (9)

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

               (10)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC.

               (11)

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

               (12)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 30 September 2012 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 October 2013.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 20 September 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 123, 24.4.1998, p. 1.

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

      ANNEX
      In Annex I to Directive 98/8/EC, the following entry is added:

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

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

                     Date of inclusion

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

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘49

                     deltamethrin

                     (S)-α-cyano-3-phenoxybenzyl (1R,3R)-3-(2,2-dibromovinyl)-2,2-dimethylcyclopropane carboxylate
                     CAS-No: 52918-63-5
                     EC No: 258-256-6

                     985 g/kg

                     1 October 2013

                     30 September 2015

                     30 September 2023

                     18

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, where relevant for the particular product, those uses or exposure scenarios and those risks to human populations and to environmental compartments that have not been representatively addressed in the Union level risk assessment.
                     Products shall not be authorised for indoor treatments resulting in sewage treatment plant emissions of the scale for which the Union level risk assessment showed unacceptable risks, unless data are submitted demonstrating that the product will meet the requirements of Article 5 and Annex VI, if necessary by the application of appropriate risk mitigation measures.’

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


Avis juridique important

|

31977L0092

Council Directive 77/92/EEC of 13 December 1976 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of the activities of insurance agents and brokers (ex ISIC Group 630) and, in particular, transitional measures in respect of those activities

Official Journal L 026 , 31/01/1977 P. 0014 - 0019 Finnish special edition: Chapter 6 Volume 1 P. 0191  Greek special edition: Chapter 06 Volume 1 P. 0243  Swedish special edition: Chapter 6 Volume 1 P. 0191  Spanish special edition: Chapter 06 Volume 1 P. 0219  Portuguese special edition Chapter 06 Volume 1 P. 0219

COUNCIL DIRECTIVE  of 13 December 1976  on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of the activities of insurance agents and brokers (ex ISIC Group 630) and, in particular, transitional measures in respect of those activities  (77/92/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57, 66 and 235 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, pursuant to the Treaty, all discriminatory treatment based on nationality with regard to establishment and to the provision of services is prohibited from the end of the transitional period ; whereas the principle of such national treatment applies in particular to the right to join professional organizations where the professional activities of the person concerned necessarily involve the exercise of this right;  Whereas not all Member States impose conditions for the taking up and pursuit of activities of insurance agent and broker ; whereas in some cases there is freedom to take up and pursue such activities but in other cases there are strict provisions making access to the profession conditional upon possession of formal evidence of qualifications;  Whereas, in view of the differences between Member States as regards the scope of activities of insurance agent and broker, it is desirable to define as clearly as possible the activities to which this Directive is to apply;  Whereas, moreover, Article 57 of the Treaty provides that, in order to make it easier for persons to take up and pursue activities as self-employed persons, Directives are to be issued for the mutual recognition of diplomas, certificates and other evidence of formal qualifications and for the coordination of the provisions laid down by law, regulation or administrative action in Member States;  Whereas, in the absence of mutual recognition of diplomas or of immediate coordination, it nevertheless appears desirable to facilitate the effective exercise of freedom of establishment and freedom to provide services for the activities in question, in particular by the adoption of transitional measures of the kind envisaged in the General Programmes (3) in order to avoid undue constraint on the nationals of Member States in which the taking up of such activities is not subject to any conditions;  Whereas, in order to prevent such difficulties arising, the object of the transitional measures should be to allow, as sufficient qualification for taking up the activities in question in host Member States which have rules governing the taking up of such activities, the fact that the activity has been pursued in the Member State whence the foreign national comes for a reasonable and sufficiently recent period of time, in cases where previous training is not required, to ensure that the person concerned possesses professional knowledge equivalent to that required of the host Member State's own nationals;  Whereas, in view of the situation in the Netherlands, where insurance brokers are, depending on their professional knowledge, divided up into several categories, an equivalent system should be provided for in respect of nationals of other Member States who wish to take up an activity in one or other of the categories concerned ; whereas the most appropriate and objective criterion for this purpose is the number of employees whom the person concerned has or has had working under him;  Whereas, where the activity of agent includes the exercise of a permanent authority from one or more insurance undertakings empowering the beneficiary, in respect of certain or all transactions falling within the normal scope of the business of the undertaking  (1)OJ No C 78, 2.8.1971, p. 13. (2)OJ No C 113, 9.11.1971, p. 6. (3)OJ No 2, 15.1.1962, pp. 32/62 and 36/62.   or undertakings concerned, to enter in the name of such undertaking or undertakings into commitments binding upon it or them, the person concerned must be able to take up the activity of broker in the host Member State;  Whereas the purpose of this Directive will disappear once the coordination of conditions for the taking up and pursuit of the activities in question and the mutual recognition of diplomas, certificates and other formal qualifications have been achieved;  Whereas, in so far as in Member States the taking up or pursuit of the activities referred to in this Directive is also dependent in the case of paid employees on the possession of professional knowledge and ability, this Directive should also apply to this category of persons in order to remove an obstacle to the free movement of workers and thereby to supplement the measures adopted in Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), as amended by Regulation (EEC) No 312/76 (2);  Whereas, for the same reason, the provisions laid down in respect of proof of good repute and proof of no previous bankruptcy should also be applicable to paid employees,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Member States shall adopt the measures defined in this Directive in respect of establishment or provision of services in their territories by natural persons and companies or firms covered by Title I of the General Programmes (hereinafter referred to as "beneficiaries") wishing to pursue in a self-employed capacity the activities referred to in Article 2.  2. This Directive shall also apply to nationals of Member States who, as provided in Regulation (EEC) No 1612/68, wish to pursue as paid employees the activities referred to in Article 2.   Article 2 1. This Directive shall apply to the following activities falling within ex ISIC Group 630 in Annex III to the General Programme for the abolition of restrictions on freedom of establishment:    (a) professional activities of persons who, acting with complete freedom as to their choice of undertaking, bring together, with a view to the insurance or reinsurance of risks, persons seeking insurance or reinsurance and insurance or reinsurance undertakings, carry out work preparatory to the conclusion of contracts of insurance or reinsurance and, where appropriate, assist in the administration and performance of such contracts, in particular in the event of a claim;       (b) professional activities of persons instructed under one or more contracts or empowered to act in the name and on behalf of, or solely on behalf of, one or more insurance undertakings in introducing, proposing and carrying out work preparatory to the conclusion of, or in concluding, contracts of insurance, or in assisting in the administration and performance of such contracts, in particular in the event of a claim;       (c) activities of persons other than those referred to in (a) and (b) who, acting on behalf of such persons, among other things carry out introductory work, introduce insurance contracts or collect premiums, provided that no insurance commitments towards or on the part of the public are given as part of these operations.         2. This Directive shall apply in particular to activities customarily described in the Member States as follows:    (a) activities referred to in paragraph 1 (a):      - in Belgium:      - Courtier d'assurance Verzekeringsmakelaar,           - Courtier de réassurance Herverzekeringsmakelaar;           - in Denmark:  - Juridiske og fysiske personer, som driver selvstændig virksomhed som formidler ved afsætning af forsikringskontrakter;           - in Germany:      - Versicherungsmakler,           - Rückversicherungsmakler;           - in France:      - Courtier d'assurance,           - Courtier d'assurance maritime,           - Courtier de réassurance;  (1)OJ No L 257, 19.10.1968, p. 2. (2)OJ No L 39, 14.2.1976, p. 2.             - in Ireland:     - Insurance broker,           - Reinsurance broker;           - in Italy:      - Mediatore di assicurazioni,           - Mediatore di riassicurazioni;           - in the Netherlands:      - Makelaar,           - Assurantiebezorger,           - Erkend assurantieagent,           - Verzekeringsagent;           - in the United Kingdom:      - Insurance broker;                  (b) activities referred to in paragraph 1 (b):      - in Belgium:      - Agent d'assurance Verzekeringsagent;           - in Denmark:      - Forsikringsagent;           - in Germany:      - Versicherungsvertreter;           - in France:      - Agent général d'assurance;           - in Ireland:      - Agent;           - in Italy:      - Agente di assicurazioni;           - in Luxembourg:      - Agent principal d'assurance,           - Agent d'assurance;           - in the Netherlands:      - Gevolmachtigd agent,           - Verzekeringsagent;           - in the United Kingdom:      - Agent;                  (c) activities referred to in paragraph 1 (c):      - in Belgium:      - Sous-agent Sub-agent;           - in Denmark:      - Underagent;           - in Germany:      - Gelegenheitsvermittler,           - Inkassant;           - in France:      - Mandataire,           - Intermédiaire,           - Sous-agent;           - in Ireland:      - Sub-agent;           - in Italy:      - Subagente;           - in Luxembourg:      - Sous-agent;           - in the Netherlands:    - Sub-agent;           - in the United Kingdom:      - Sub-agent.                     Article 3 Member States in which the taking up or pursuit of any activity referred to in Article 2 is subject to the fulfilment of certain qualifying conditions shall ensure that any beneficiary who applies therefor be provided, before he establishes himself or before he begins to pursue any activity on a temporary basis, with information as to the rules governing the profession which he proposes to pursue.    Article 4 Where in a Member State the taking up or pursuit of any activity referred to in Article 2 (1) (a) and (b) is subject to possession of general, commercial or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that one of the activities in question has been pursued in another Member State for any of the following periods:    (a) four consecutive years in an independent capacity or in a managerial capacity ; or       (b) two consecutive years in an independent capacity or in a managerial capacity, where the beneficiary proves that he has worked for at least three years with one or more insurance agents or brokers or with one or more insurance undertakings ; or       (c) one year in an independent capacity or in a managerial capacity, where the beneficiary proves that for the activity in question he has received previous training attested by a certificate recognized by the State or regarded by a competent professional body as fully satisfying its requirements.          Article 5 1. If a Member State makes the taking up or pursuit of any activity referred to in Article 2 (1) (a) dependent on more stringent requirements than those which it lays down in respect of the activities referred to in Article 2 (1) (b), it may in the case of the taking up or pursuit of the first-mentioned activity require this to have been pursued in another Member State in the branch of the profession referred to in Article 2 (1) (a) for:    (a) four consecutive years in an independent capacity or in a managerial capacity ; or       (b) two consecutive years in an independent capacity or in a managerial capacity, where the beneficiary proves that he has worked for at least three years with one or more insurance agents or brokers or with one or more insurance undertakings ; or       (c) one year in an independent capacity or in a managerial capacity, where the beneficiary proves that for the activity in question he has received previous training attested by a certificate recognized by the State or regarded by a competent professional body as fully satisfying its requirements.         An activity pursued by the beneficiary in accordance with Article 2 (1) (b), where it includes the exercise of a permanent authority from one or more insurance undertakings empowering the person concerned, in respect of certain or all transactions falling within the normal scope of the business of the undertaking or undertakings concerned, to enter in the name of such undertaking or undertakings into commitments binding upon it or them, shall be regarded as equivalent to the activity referred to in Article 2 (1) (a).  2. However, in the Netherlands, the taking up or pursuit of the activities referred to in Article 2 (1) (a) shall in addition be subject to the following conditions:    - where the beneficiary wishes to work as a "makelaar", he must have carried on the activities concerned in a business where he was in charge of at least 10 employees,       - where the beneficiary wishes to work as an "assurantiebezorger", he must have carried on the activities concerned in a business where he was in charge of at least five employees,       - where the beneficiary wishes to work as an "erkend assurantieagent", he must have carried on the activities concerned in a business where he was in charge of at least two employees.          Article 6 1. Where in a Member State the taking up or pursuit of an activity referred to in Article 2 (1) (c) is dependent on the possession of general, commercial or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for either of the following periods:    (a) two consecutive years either in an independent capacity or working with one or more insurance agents or brokers or with one or more insurance undertakings ; or       (b) one year under the conditions specified under paragraph (a), where the beneficiary proves that for the activity in question he has received previous training attested by a certificate recognized by the State or regarded by a competent professional body as fully satisfying its requirements.         2. The pursuit for at least one year of one of the activities referred to in Article 2 (1) (a) or (b) and receipt of the relevant training shall be regarded as satisfying the requirements laid down in paragraph 1.    Article 7 In the cases referred to in Articles 4, 5 and 6, pursuit of the activity in question shall not have ceased more than 10 years before the date when the application provided for in Article 9 (1) is made. However, where a shorter period is laid down in a Member State for its own nationals, that period must also be applied in respect of beneficiaries.   Article 8 1. A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Articles 4 and 5 (1) where he has pursued the corresponding activity:    (a) as manager of an undertaking or manager of a branch of an undertaking ; or       (b) as deputy to the manager of an undertaking or as its authorized representative, where such post involved responsibility equivalent to that of the manager represented.         2. A person shall also be regarded as having pursued an activity in a managerial capacity within the meaning of Article 4 where his duties in an insurance undertaking have involved the management of agents or the supervision of their work.  3. The work referred to in Articles 4 (b) and 5 (1) (b) must have entailed responsibility in respect of the acquisition, administration and performance of contracts of insurance.   Article 9 1. Proof that the conditions laid down in Articles 4, 5, 6 and 7 are satisfied shall be established by a certificate, issued by the competent authority or body in the Member State of origin or Member State whence the person concerned comes, which the latter shall submit in support of his application to pursue one of the activities in question in the host Member State.  2. Member States shall, within the time limit laid down in Article 13, designate the authorities and bodies competent to issue the certificate referred to in paragraph 1 and shall forthwith inform the other Member States and the Commission thereof.  3. Within the time limit laid down in Article 13 every Member State shall also inform the other Member States and the Commission of the authorities and bodies to which an application to pursue in the host Member State an activity referred to in Article 2 and the documents in support thereof are to be submitted.   Article 10 1. Where a host Member State requires of its own nationals wishing to take up or pursue any activity referred to in Article 2 proof of good repute and proof that they have not previously been declared bankrupt, or proof of either one of these, it shall accept as sufficient evidence in respect of nationals of other Member States the production of an extract from the "judicial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the Member State of origin or the Member State whence the foreign national comes showing that these requirements have been met.  2. Where the Member State of origin or the Member State whence the foreign national concerned comes does not issue the document referred to in paragraph 1 it may be replaced by a declaration on oath, - or, in States where there is no provision for declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary in the Member State of origin or the Member State whence that person comes ; such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration. The declaration in respect of no previous bankruptcy may also be made before a competent professional body in the said country.  3. Documents issued in accordance with paragraphs 1 and 2 must not be produced more than three months after their date of issue.  4. Member States shall, within the time limit laid down in Article 13, designate the authorities and bodies competent to issue the documents referred to in paragraphs 1 and 2 of this Article and shall forthwith inform the other Member States and the Commission thereof.  Within the time limit laid down in Article 13, each Member State shall also inform the other Member States and the Commission of the authorities or bodies to which the documents referred to in this Article are to be submitted in support of an application to carry on in the host Member State an activity referred to in Article 2.  5. Where in the host Member State proof of financial standing is required, that State shall regard certificates issued by banks in the Member State of origin or the Member State whence the foreign national concerned comes as equivalent to certificates issued in its own territory.    Article 11 A host Member State, where it requires its own nationals wishing to take up or pursue one of the activities referred to in Article 2 to take an oath or make a solemn declaration, and where the form of such oath or declaration cannot be used by nationals of other Member States, shall ensure that an appropriate and equivalent form of oath or declaration is offered to the persons concerned.   Article 12 This Directive shall remain applicable until the entry into force of provisions relating to the coordination of national rules concerning the taking up and pursuit of the activities in question.   Article 13 Member States shall bring into force the measures necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.   Article 14 Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.   Article 15 This Directive is addressed to the Member States.     Done at Brussels, 13 December 1976.  For the Council  The President  M. van der STOEL


title: Commission Directive 2012/39/EU of 26 November 2012 amending Directive 2006/17/EC as regards certain technical requirements for the testing of human tissues and cells  Text with EEA relevance

text:
               27.11.2012

               EN

               Official Journal of the European Union

               L 327/24

         COMMISSION DIRECTIVE 2012/39/EU
   of 26 November 2012
   amending Directive 2006/17/EC as regards certain technical requirements for the testing of human tissues and cells
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (1), and in particular point (e) of the Article 28 thereof,
   Whereas:

               (1)

               Commission Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells (2) requires that HTLV-I antibody testing must be performed for donors living in, or originating from, high-incidence areas or with sexual partners originating from those areas or where the donor’s parents originate from those areas. This testing is required both for donors of reproductive cells, in accordance with Annex III to Directive 2006/17/EC, and for other donors, in accordance with Annex II thereof.

               (2)

               Recent scientific evidence provided by the European Centre for Disease Prevention and Control (ECDC) and field practice experience showed that it is very difficult, in the current state of scientific knowledge, to determine what is an HTLV-I high-incidence area. This testing requirement is thus not implemented in a uniform manner.

               (3)

               ‘Incidence’ measures the rate of occurrence of new cases of a disease or condition, while ‘prevalence’ is the proportion of a population that is affected by a particular disease at a specific time. In practice, data for prevalence are more available than data on incidence. In addition, prevalence is a more relevant measure than incidence when assessing the impact of a chronic disease within a community and to assess the subsequent needs. It is therefore appropriate to replace references to high-incidence by references to high-prevalence in order to ensure a more consistent implementation of the HTLV-I testing requirements across the Member States.

               (4)

               Point 4.2 of Annex III to Directive 2006/17/EC requires that blood samples must be obtained at the time of each donation both, for partner donation (not for direct use) and for non-partner donation of reproductive cells.

               (5)

               As far as partner donation of reproductive cells is concerned, recent scientific evidence has demonstrated that requiring testing at fixed time intervals up to a maximum of 24 months would not diminish the level of safety of the cells concerned as long as appropriate safety and quality systems are in place in tissue establishments using Assisted Reproductive Technology, in accordance with Article 16 of Directive 2004/23/EC. During these time intervals, the results of the previous test carried out on the same donor can be relied upon.

               (6)

               Whereas testing at the time of each donation does not improve the safety of reproductive cells donated between partners, field practice experience shows that this requirement is costly and cumbersome for both, patients and healthcare systems. In order to act in a more proportionate manner to the safety objective pursued, it is therefore appropriate to allow the Member States to require testing at fixed time intervals which they may determine up to a maximum of 24 months instead of at the time of each donation.

               (7)

               The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 29 of Directive 2004/23/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes II and III to Directive 2006/17/EC are amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 June 2014 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 26 November 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 102, 7.4.2004, p. 48.

      (2)  OJ L 38, 9.2.2006, p. 40.

      ANNEX
      Annexes II and III to Directive 2006/17/EC are amended as follows:

                  (1)

                  in Annex II, point 1.2 is replaced by the following:

                              ‘1.2.

                              HTLV-I antibody testing must be performed for donors living in, or originating from, high-prevalence areas or with sexual partners originating from those areas or where the donor’s parents originate from those areas’;

                  (2)

                  Annex III is amended as follows:

                              (a)

                              point 2.4 is replaced by the following:

                                          ‘2.4.

                                          HTLV-I antibody testing must be performed for donors living in, or originating from, high-prevalence areas or with sexual partners originating from those areas or where the donor’s parents originate from those areas’;

                              (b)

                              point 3.3 is replaced by the following:

                                          ‘3.3.

                                          HTLV-I antibody testing must be performed for donors living in, or originating from, high-prevalence areas or with sexual partners originating from those areas or where the donor’s parents originate from those areas’;

                              (c)

                              point 4.2 is replaced by the following:

                                          ‘4.2.

                                          For donations other than by partners, blood samples must be obtained at the time of each donation.
                                          For donation by partners (not for direct use), blood samples must be obtained within three months before the first donation. For further partner donations by the same donor, further blood samples must be obtained according to national legislation, but no later than 24 months from the previous sampling.’.