Avis juridique important

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31996L0038

Commission Directive 96/38/EC of 17 June 1996 adapting to technical progress Council Directive 76/115/EEC relating to anchorages for motor vehicle safety belts (Text with EEA relevance)

Official Journal L 187 , 26/07/1996 P. 0095 - 0105

COMMISSION DIRECTIVE 96/38/EC of 17 June 1996 adapting to technical progress Council Directive 76/115/EEC relating to anchorages for motor vehicle safety belts (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/156/EEC of 6 February 1970 relating to the approximation of the laws of the Member States on type-approval of motor vehicles and their trailers (1), as last amended by Commission Directive 95/54/EC (2), and in particular Article 13 (2) thereof,Having regard to Council Directive 76/115/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to anchorages for motor vehicle safety belts (3), as last amended by Commission Directive 90/629/EEC (4), and in particular Article 3 thereof,Whereas Directive 76/115/EEC is one of the separate directives of the EEC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive;Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC necessitate that each separate directive has attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval certificate based on Annex VI thereto in order that type-approval may be computerized;Whereas it is possible to improve the protection provided for passengers against ejection in case of an accident by requiring a minimum of lap belts of type 1 with retractors for all forward and rear-facing seating positions in motor vehicles of categories M2 and M3 (except those vehicles which are designed for both urban use and standing passengers), as foreseen in Commission Directive 90/628/EEC (5);Whereas the entry into force of an amendment to Council Directive 77/541/EEC (6), as last amended by Directive 90/628/EEC to require such seat belts in M2 and M3 vehicles is dependent upon the adaptation to technical progress of Council Directive 74/408/EEC (7), as last amended by Directive 81/577/EEC (8), on the strength of seats and this Directive on seat belt anchorages;Whereas reference is made to Council Directive 74/60/EEC (9), as last amended by Commission Directive 78/632/EEC (10), relating to the interior fittings of motor vehicles;Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Adaptation to Technical progress established by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 76/115/EEC is amended as follows.1. Article 1 shall read as follows:'This Directive applies to anchorages for motor vehicle safety belts intended for adult occupants of forward or rear-facing seats.`;2. in Article 2 'Annex I` is replaced by 'Annex II A`;3. in Articles 3 and 4 of Directive 76/115/EEC 'Annexes I, III and IV` are replaced by 'the Annexes`;4. the Annexes are amended in accordance with the Annex to this Directive.Article 2 1. With effect from 1 January 1997 no Member State may, on grounds relating to anchorages for safety belts:- refuse, in respect of a type of motor vehicle, to grant EEC type-approval, or national type-approval, or- prohibit the registration, sale or entry into service of vehicles,if the anchorages in this type of vehicle or in these vehicles comply with the requirements of Directive 76/115/EEC as amended by this Directive.2. With effect from 1 October 1999 for vehicles of category M2 with a maximum mass not exceeding 3 500 kg and all other vehicles from 1 October 1997, Member States:- shall no longer grant EC type-approval, and- may refuse to grant national type-approval,for a type of vehicle on grounds relating to safety belt anchorages if the requirements of Directive 76/115/EEC, as amended by this Directive, are not fulfilled.3. With effect from 1 October 2001 for vehicles of category M2 with a maximum mass not exceeding 3 500 kg and all other vehicles in category M from 1 October 1999, Member States:- shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7 (1) of that Directive, and- may refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC,on grounds relating to safety belt anchorages if the requirements of Directive 76/115/EEC, as amended by this Directive, are not fulfilled.Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1996 and shall forthwith inform the Commission thereof.When the Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.Article 4 The Directive shall enter into force the twentieth day following its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 17 June 1996.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 42, 23. 2. 1970, p. 1.(2) OJ No L 266, 8. 11. 1995, p. 1.(3) OJ No L 24, 30. 1. 1976, p. 6.(4) OJ No L 341, 6. 12. 1990, p. 14.(5) OJ No L 341, 6. 12. 1990, p. 1.(6) OJ No L 220, 29. 8. 1977, p. 95.(7) OJ No L 221, 12. 8. 1974, p. 1.(8) OJ No L 209, 29. 7. 1981, p. 34.(9) OJ No L 38, 11. 2. 1974, p. 2.(10) OJ No L 206, 29. 7. 1978, p. 26.ANNEX A list of annexes is added as follows:'LIST OF ANNEXESANNEX I: Definitions, application for EEC type-approval, granting of EEC type-approval, specifications, tests, conformity of production, instructions:Appendix 1: Minimum number of anchorage points,Appendix 2: Location of lower anchorages, angle requirements,Appendix 3: Information document,Appendix 4: Type-approval certificate.ANNEX II: Location of effective belt anchorages.ANNEX III: Traction device.`Annex I is amended as follows- A new item is added after Item 1.14 to read:'1.15. "Reference zone" means the space between two vertical longitudinal planes, 400 mm apart and symmetrical with respect to the H-point, and defined by rotation of the head-form apparatus, described in Annex II of Directive 74/60/EEC, from vertical to horizontal. The apparatus shall be positioned as described in that annex and set to the maximum length of 840 mm.`- Item 2.1 is amended to read:'2.1. The application for type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a vehicle type with regard to safety belt anchorages shall be submitted by the vehicle manufacturer.`- Item 2.2 is amended to read:'2.2. A model for the Information Document is given in Appendix 3.`- Items 2.2.1 to 2.2.5 inclusive are deleted.- Item 3 is amended to read:'3. Granting of EC type-approval3.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4 (3) and, if applicable, 4 (4) of Directive 70/156/EEC shall be granted.3.2. A model for the EEC type-approval certificate is given in Appendix 4.3.3. An approval number of accordance with Annex VII of Directive 70/156/EEC shall be assigned to each type of vehicle approved. The same Member State shall not assign the same number to another type of vehicle.`- In Item 4.1, 'Annex I` is replaced by 'Annex II`.- Item 4.3.1 is amended to read:'4.3.1. Any vehicle in categories M and N (except those vehicles in categories M2 and M3 which are designed for both urban use and standing passengers) must be equipped with safety belt anchorages which satisfy the requirements of this Directive.`- Item 4.3.2 is amended to read:'4.3.2. The minimum number of safety belt anchorages for each forward and rearward directed seating position shall be as specified in Appendix 1.`- In Item 4.3.5, the symbol '>REFERENCE TO A FILM>` is replaced by the symbol '` (German version only).- A new Item 4.3.7 is added to read:'4.3.7. Every seating position in Appendix I marked with the symbol>REFERENCE TO A FILM>, three anchorages shall be provided unless one of the following conditions is fulfilled:- there is a seat or other parts of the vehicle conforming to Paragraph 3.5 of Appendix 1 of Annex III of Directive 74/408/EEC directly in front; or- no part of the vehicle is in or, when the vehicle is in motion, capable of being in the reference zone; or- parts of the vehicle within the said reference zone comply with the energy absorbing requirements set out in Appendix 6 of Annex III of Directive 74/408/EECin which case two anchorages may be provided.`- The old Item 4.3.7 is renumbered 4.3.8.- The first sentence of Item 4.3.8 is amended to read:'For the folding seats or seating intended solely for use when the vehicle is stationary, as well as all the seats . . . no belt anchorages are required.`- Two new items are added after Item 4.3.8'4.3.9. In the case of the upper deck of a double-deck vehicle the requirements for the centre front seating position shall apply also in the outboard front seating positions.4.3.10. In the case of seats capable of being turned to or placed in other orientations, for use when the vehicle is stationary, the requirements of Item 4.3.1 shall only apply to those orientations designated for normal use when the vehicle is travelling on a road, in accordance with this Directive. A note to this effect shall be included in the information document.`- The following is added at the end of Item 4.4.3.4:'In the case of seats, other than front seats, of vehicles in categories M2 and M3, the angles á1 and á2 shall be between 45 and 90 degrees for all normal positions of use.`- A new Item 5.1.1.2 is added as follows:'5.1.1.2. The tests may be restricted to the anchorages relating to only one seat or one group of seats on the conditions that:- the anchorages concerned have the same structural characteristics as the anchorages relating to the other seats or groups of seats; and- where such anchorages are fitted totally or partially on the seat or group of seats, the structural characteristics of the seat or group of seats are the same as those for the other seats or groups of seats.`- The old Items 5.1.1.2 and 5.1.1.3 are renumbered 5.1.1.3 and 5.1.1.4 respectively.- Item 5.3.1 is amended to read as follows:'5.3.1. All the belt anchorages of the same group of seats shall be tested simultaneously. However, if there is a risk that non-symmetrical loading of the seats and/or anchorages may lead to failures, an additional test may be carried out with non-symmetrical loading.`- Item 5.3.2 is amended to read as follows:'5.3.2. The tractive force shall be applied in a direction corresponding to the seating position at an angle of 10°±5° above the horizontal in a plane parallel to the median longitudinal plane of the vehicle.`- In Items 5.3.4, 5.4.1.2, 5.4.1.3, 5.4.2.1, 5.4.2.2, 5.4.3 and 5.4.5.2 replace 'Annex IV` by 'Annex III`.- Item 5.4.4.2 is amended to read:'5.4.4.2. The loads indicated in Items 5.4.1, 5.4.2 and 5.4.3 shall be supplemented by a force equal to 20 times the weight of the complete seat.In the case of vehicles in categories M2 and N2 this force must be equal to 10 times the weight of the complete seat; for vehicles in category M3 and N3 it must be equal to 6,6 times the weight of the complete seat.`- A new item is added after Item 5.4.5.2 to read:'5.4.6. Test in the case of rearward-facing seats:5.4.6.1. The anchorage points shall be tested according to the forces prescribed in Paragraphs 5.4.1, 5.4.2 or 5.4.3 as appropriate. In each case the test load shall correspond to the load prescribed for M3 or N3 vehicles.5.4.6.2. The test load shall be directed forward in relation to the seating position in question, corresponding to the procedure prescribed in paragraph 5.3.`- A new item is added after Item 5.5.3 to read:'5.5.4. By way of derogation, the upper anchorages fitted to one or more seats of vehicles of category M2 above 3,5 tonnes and M3, which meet the requirements of Annex III of Directive 74/408/EEC, need not comply with the requirements in paragraph 5.5.1 concerning compliance with Paragraph 4.4.4.6. Details of the seat(s) concerned shall be mentioned in the addendum to the Type-Approval certificate referred to in Appendix 4.`- Item 6.1 is amended to read:'6.1. As a general rule, measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.`.- Item 7 is renumbered 8 and a new Item 7 is inserted to read:'7. Modifications of the type and amendments to approvals7.1. In the case of modifications of the type pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.`- New Appendices 1 and 2 to Annex I are added as follows:'Appendix 1Minimum number of anchorage points>TABLE>Key to symbols:2: two lower anchorages which allow the installation of a safety belt type B or, where required by Annex XV of Directive 77/541/EEC, type Br, Br3, Br4m or Br4Nm.3: two lower anchorages and one upper anchorage which allow the installation of a three point safety belt type A or, where required by Annex XV of Directive 77/541/EEC, type Ar, Ar4m or Ar4Nm.Ø: refers to Item 4.3.3 (two anchorages permitted if a seat is inboard of a passageway).>REFERENCE TO A FILM>: refers to Item 4.3.4 (two anchorages permitted if the windscreen is outside reference zone).>REFERENCE TO A FILM>: refers to Items 4.3.5 and 4.3.6 (two anchorages required in exposed seating positions).>REFERENCE TO A FILM>: refers to Item 4.3.7 (two anchorages permitted if nothing is in reference zone).>REFERENCE TO A FILM>: refers to Item 4.3.10 (special provision for the upper deck of a vehicle).Appendix 2Location of lower anchorages - Angle requirements only>TABLE>Notes:>REFERENCE TO A FILM>: outboard and centre.>REFERENCE TO A FILM>: if angle is constant see Item 4.4.3.1.>REFERENCE TO A FILM>: 45° - 90° in the case of seats on M2 and M3 vehicles.`Two new appendices are added as follows:'Appendix 3>START OF GRAPHIC>>END OF GRAPHIC>Appendix 4>START OF GRAPHIC>>END OF GRAPHIC>3. ANNEX II is deleted4. ANNEX III is renumbered 'ANNEX II` and is headed: 'Location of effective belt anchorages`.5. ANNEX IV is renumbered 'ANNEX III`.


title: Council Directive 76/134/EEC of 20 January 1976 on a derogation accorded to the Kingdom of Denmark relating to the rules governing turnover tax and excise duty applicable in international travel

text:
29 . 1 . 76                              Official Journal of the European Communities                              No L 21 / 9
                                                                 II
                                            (Acts whose publication is not obligatory)
                                                        COUNCIL
                                                    COUNCIL DIRECTIVE
                                                       of 20 January 1976
               on a derogation accorded to the Kingdom of Denmark relating to the rules
                   governing turnover tax and excise duty applicable in international travel
                                                           (76/ 134/ EEC)
THE COUNCIL OF THE EUROPEAN                                           HAS ADOPTED THIS DIRECTIVE :
COMMUNITIES,
 Having regard to the Treaty establishing the European                                        Article I
 Economic Community, and in particular Articles 99
and 100 thereof,                                                      By way of derogation from Directives 69/ 169/ EEC
                                                                      and 72/230/ EEC, the Kingdom of Denmark shall
 Having regard to the Act of Accession , and in parti                have the right to maintain up to and including 31
cular Article 133 and Annex VII , part V ( 1 ) thereof,               December 1976 the rules in force for exemptions
 Having regard to the proposal from the Commission ,                  applicable to travellers involved in international travel
                                                                      for the products set out in Annex VII, part V ( 1 ) (A) of
Whereas Annex VII , part V ( 1 ), of the Act of Acces                the Act of Accession .
sion grants a derogation to Denmark relating to the
application of certain provisions of Council Directive                                        Article 2
 69/ 169 / EEC of 28 May 1969 on the harmonization of
 provisions laid down by law, regulation or administra               The Kingdom of Denmark shall communicate to the
 tive action relating to exemption from turnover tax                  Commission the text of the measures which it adopts
and excise duty on imports in international traffic ('),              in the field covered by this Directive .
as amended by Directive 72/ 230/ EEC ( 2) ;
Whereas before 31 December 1975 the Council shall                                             Article 3
 decide in accordance with the procedure laid down in
Article 100 of the Treaty whether and how far this                    This Directive is addressed to the Kingdom of
 derogation requires to be prolonged , account being                  Denmark .
 taken of the extent to which economic and monetary
 union , and particularly progress in tax harmonization ,
 has been achieved ;                                                  Done at Brussels, 20 January 1976.
 Whereas since the desired progress has not been
 achieved, the Danish Government has requested a                                                   For the Council
 prolongation , without change, of the rules in force ;
                                                                                The President
 Whereas a prolongation of the derogation appears
 necessary ,                                                                                G. THORN
(') OJ No L m , 4 . 6 . 1 969 , p . 6 .
(-') OJ No L 1.59 , 17 . 6 . 1972, p . 28 .


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31977L0453

Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of provisions laid down by Law, Regulation or Administrative Action in respect of the activities of nurses responsible for general care

Official Journal L 176 , 15/07/1977 P. 0008 - 0010 Finnish special edition: Chapter 6 Volume 1 P. 0204  Greek special edition: Chapter 06 Volume 1 P. 0258  Swedish special edition: Chapter 6 Volume 1 P. 0204  Spanish special edition: Chapter 06 Volume 2 P. 0009  Portuguese special edition Chapter 06 Volume 2 P. 0009

COUNCIL DIRECTIVE  of 27 June 1977  concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of nurses responsible for general care  (77/453/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, with a view to achieving the mutual recognition of diplomas, certificates and other evidence of formal qualifications of nurses responsible for general care laid down in Council Directive 77/452/EEC (3), the comparable nature of training courses in the Member States enables coordination in this field to be confined to the requirement that minimum standards be observed, which then leaves the Member States freedom of organization as regards teaching;  Whereas the coordination envisaged by this Directive does not exclude any subsequent coordination;  Whereas the coordination envisaged by this Directive covers the professional training of nurses responsible for general care ; whereas, as far as training is concerned, most Member States do not at present distinguish between nurses who pursue their activities as employed persons and those who are self-employed ; whereas for this reason and in order to encourage as far as possible the free movement of professional persons within the Community, it appears necessary to extend the application of this Directive to employed nurses,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Member States shall make the award of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care as specified in Article 3 of Directive 77/452/EEC subject to passing an examination which guarantees that during his training period the person concerned has acquired:    (a) adequate knowledge of the sciences on which general nursing is based, including sufficient understanding of the structure, physiological functions and behaviour of healthy and sick persons, and of the relationship between the state of health and the physical and social environment of the human being;       (b) sufficient knowledge of the nature and ethics of the profession and of the general principles of health and nursing;       (c) adequate clinical experience ; such experience, which should be selected for its training value, should be gained under the supervision of qualified nursing staff and in places where the number of qualified staff and equipment are appropriate for the nursing care of the patients;       (d) the ability to participate in the practical training of health personnel and experience of working with such personnel;       (e) experience of working with members of other professions in the health sector.         2. The training referred to in paragraph 1 shall include at least:    (a) a general school education of 10 years' duration attested by a diploma, certificate or other formal qualification awarded by the competent authorities or bodies in a Member State, or a certificate resulting from a qualifying examination of an equivalent standard for entrance to a nurses' training school;  (1)OJ No C 65, 5.6.1970, p. 12. (2)OJ No C 108, 26.8.1970, p. 23. (3)See page 1 of this Official Journal.        (b) full-time training, of a specifically vocational nature, which must cover the subjects of the training programme set out in the Annex to this Directive and comprise a three-year course or 4 600 hours of theoretical and practical instruction.         3. Member States shall ensure that the institution training nurses is responsible for the coordination of theory and practice throughout the programme.  The theoretical and technical training mentioned in part A of the Annex shall be balanced and coordinated with the clinical training of nurses mentioned in part B of the same Annex in such a way that the knowledge and experience listed in paragraph 1 may be acquired in an adequate manner.  Clinical instruction in nursing shall take the form of supervised in-service training in hospital departments or other health services, including home nursing services, approved by the competent authorities or bodies. During this training student nurses shall participate in the activities of the departments concerned in so far as those activities contribute to their training. They shall be informed of the responsibilities of nursing care.  4. Five years at the latest after notification of this Directive and in the light of a review of the situation, the Council, acting on a proposal from the Commission, shall decide whether the provisions of paragraph 3 on the balance between theoretical and technical training on the one hand and clinical training of nurses on the other should be retained or amended.  5. Member States may grant partial exemption to persons who have undergone part of the training referred to in paragraph 2 (b) in the form of other training which is of at least equivalent standard.   Article 2 Notwithstanding the provisions of Article 1, Member States may permit part-time training under conditions approved by the competent national authorities.  The total period of part-time training may not be shorter than that of full-time training. The standard of the training may not be impaired by its part-time nature.   Article 3 This Directive shall also apply to nationals of Member States who, in accordance with Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), are pursuing or will pursue, as employed persons, one of the activities referred to in Article 1 of Directive 77/452/EEC.   Article 4 1. Member States shall bring into force the measures necessary to comply with this Directive within two years of its notification and shall forthwith inform the Commission thereof.  2. 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 5 Where a Member State encounters major difficulties in certain fields when applying this Directive, the Commission shall examine these difficulties in conjunction with that State and shall request the opinion of the Committee of Senior Officials on Public Health set up by Decision 75/365/EEC (2), as amended by Decision 77/455/EEC (3).  Where necessary, the Commission shall submit appropriate proposals to the Council.   Article 6 This Directive is addressed to the Member States.     Done at Luxembourg, 27 June 1977.  For the Council  The President  J. SILKIN  (1)OJ No L 257, 19.10.1968, p. 2. (2)OJ No L 167, 30.6.1975, p. 19. (3)See page 13 of this Official Journal.     ANNEX TRAINING PROGRAMME FOR NURSES RESPONSIBLE FOR GENERAL CARE  The training leading to the award of a diploma, certificate or other formal qualification of nurses responsible for general care shall consist of the following two parts:    A. Theoretical and technical instruction:      (a) nursing:  nature and ethics of the profession,  general principles of health and nursing,  nursing principles in relation to:        - general and specialist medicine,               - general and specialist surgery,               - child care and peadiatrics,               - maternity care,               - mental health and psychiatry,               - care of the old and geriatrics;                          (b) basic sciences:  anatomy and physiology,  pathology,  bacteriology, virology and parasitology,  biophysics, biochemistry and radiology,  dietetics,  hygiene:        - preventive medicine,               - health education,                 pharmacology;           (c) social sciences:  sociology,  psychology,  principles of administration,  principles of teaching,  social and health legislation,  legal aspects of nursing,                  B. Clinical instruction:  Nursing in relation to:      - general and specialist medicine,           - general and specialist surgery,           - child care and peadiatrics,           - maternity care,           - mental health and psychiatry,           - care of the old and geriatrics,           - home nursing.


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31991L0382

Council Directive 91/382/EEC of 25 June 1991 amending Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)

Official Journal L 206 , 29/07/1991 P. 0016 - 0018 Finnish special edition: Chapter 5 Volume 5 P. 0060  Swedish special edition: Chapter 5 Volume 5 P. 0060

COUNCIL DIRECTIVE  of 25 June 1991  amending Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)   (91/382/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,   Having regard to the proposal from the Commission drawn up following consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work(1),   In cooperation with the European Parliament(2),   Having regard to the opinion of the Economic and Social Committee(3),   Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to ensure a better level of protection of the safety and health  of workers;   Whereas, under the terms of that Article, such directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-size undertakings.   Whereas the communication from the Commission on its programme concerning safety, hygiene and health at work(4) provides for the adoption of directives designed to guarantee the safety and health of workers;   Whereas the Council, in its resolution of 21 December 1987 on safety, hygiene and health at work(5), took note of the Commission's intention of submitting to the Council in the near future minimum requirements at Community level concerning protection  against the risks resulting from dangerous substances, including carcinogenic substances; whereas it considered that in this connection the principle of substitution using a recognized non-dangerous or less dangerous substance should be taken as a  basis;   Whereas asbestos is a particularly hazardous agent which can cause serious illness and which is found in various forms in a large number of circumstances at work;   Whereas, in view of the progress made in scientific knowledge and technology and in the light of experience gained in applying Council Directive 83/447/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)(6), the protection of workers should be improved and the action levels and limit values laid down in Directive 83/477/EEC should be reduced;   Whereas the prohibition of the application of asbestos by means of the spraying process is not sufficient to prevent asbestos fibres being released into the atmosphere; whereas other working procedures that involve the use of certain materials  containing asbestos must also be prohibited;   Whereas a decision cannot yet be taken establishing a single method for measurement of asbestos-in-air concentrations at Community level;   Whereas this Directive should be reviewed by 31 December 1995, taking account, in particular, of progress made in scientific knowledge and technology and of experience gained in applying this Directive;   Whereas Decision 74/325/EEC(7), as last amended by the 1985 Act of Accession, provides that the Advisory Committee on Safety, Hygiene and Health Protection at Work is to be consulted by the Commission for the purpose of drafting proposals in this  field,   HAS ADOPTED THIS DIRECTIVE:    Article 1   Directive 83/477/EEC is hereby amended as follows:  1.Article 3 (3) shall be replaced by the following:  '3.  If the assessment referred to in paragraph 2 shows that the concentration of asbestos fibres in the air at the place of work in the absence of any personal protective equipment is, at the option of the Member States, at a level as measured or  calculated:  (a)for chrysotile  -lower than 0,20 fibres per cm3 in relation to an eight-hour reference period, and/or   -lower than a cumulative dose of 12,00 fibre-days per cm3 over a three-month period;  (b)for all other forms of asbestos either alone or in mixtures, including mixtures containing chrysotile:  -lower than 0,10 fibres per cm3 in relation to an eight-hour reference period, and/or   -lower than a cumulative dose of 6,00 fibre-days per cm3 over a three-month period,   Articles 4, 7, 13, 14 (2), 15 and 16 shall not apply.'   2.Article 5 shall be replaced by the following:   'Article 5   The application of asbestos by means of the spraying process and working procedures that involve using low-density (less than 1g/cm3) insulating or soundproofing materials which contain asbestos shall be prohibited.'   3.In point (1) of Article 7, the third paragraph shall be replaced by the following:   'In accordance with Article 118a of the Treaty and taking account in particular of progress made in scientific knowledge and technology and of experience gained in applying this Directive, the Council shall review the provisions of the first sentence  of the first paragraph by 31 December 1995, with a view to establishing a single method for measurement of asbestos-in-air concentrations as Community level;'.   4.Article 8 shall be replaced by the following:   'Article 8   The following limit values shall be applied:   (a)concentration of chrysotile fibres in the air at the place of work:   0,60 fibres per cm3 measured or calculated in relation to an eight-hour reference period;   (b)concentration in the air at the place of work of all other forms of asbestos fibres, either alone or in mixtures, including mixtures containing chrysotile:   0,30 fibres per cm3 measured or calculated in relation to an eight-hour reference period.'   5.Article 9 shall be replaced by the following:   'Article 9   1.  Without prejudice to the third paragraph of point 1 of Article 7, in accordance with Article 118a of the Treaty and taking account in particular of progress made in scientific knowledge and technology and of experience gained in applying this  Directive, the Council shall review the provisions of this Directive by 31 December 1995.   2.  The amendments required to adapt the Annexes to this Directive to take account of technical progress shall be made in accordance with the procedure described in Articles 9 and 10 of Council Directive 80/1107/EEC of 27 November 1980 on the  protection of workers from the risks related to exposure to chemical, physical and biological agents at work (*).  (*)OJ No L 327, 3.12.1980, p. 8.'   6.Article 12 is hereby amended as follows:   (a)the following subparagraph shall be added to paragraph 2:   'At the request of the competent authorities, the plan shall include information on the following:   -the nature and probable duration of the work,   -the place where the work is carried out,   -the methods applied where the work involves the handling of asbestos or of materials containing asbestos,   -the characteristics of the equipment used for:  -protection and decontamination of those carrying out the work,   -protection of other persons present on or near the worksite.'.   (b)the following paragraph shall be added:   '3.At the request of the competent authorities, the plan referred to in paragraph 1 must be notified to them before the start of the projected work.'.    Article 2   1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1993.   They shall forthwith inform the Commission thereof.   When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.   The date 1 January 1993 shall, however, be replaced by 1 January 1996 in the case of asbestos-mining activities.   However, as regards the Hellenic Republic:   -the date referred to in the first subparagraph shall be 1 January 1996,   -the date referred to in the fourth subparagraph shall be 1 January 1999.  2.Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive.    Article 3   This Directive is addressed to the Member States.  Done at Luxembourg, 25 June 1991.  For the Council The President J.-C. JUNCKER     (1)OJ No C 161, 30. 6. 1990, p. 14.  (2)OJ No C 284, 12. 11. 1990, p. 98 and OJ No C 129, 20. 5. 1991, p. 93.  (3)OJ No C 332, 31. 12. 1990, p. 162.  (4)OJ No C 28, 3. 2. 1988, p. 3.  (5)OJ No C 28, 3. 2. 1988, p. 1.  (6)OJ No L 263, 24. 9. 1983, p. 25.  (7)OJ No L 185, 9. 7. 1974, p. 15.


Avis juridique important

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31994L0064

Council Directive 94/64/EEC of 14 December 1994 amending the Annex to Directive 85/73/EEC on the financing of veterinary inspections and controls of animal products covered by Annex a to Directive 89/662/EEC and by Directive 90/675/EEC

Official Journal L 368 , 31/12/1994 P. 0008 - 0009 Finnish special edition: Chapter 3 Volume 64 P. 0232  Swedish special edition: Chapter 3 Volume 64 P. 0232

COUNCIL DIRECTIVE 94/64/EC of 14 December 1994 amending the Annex to Directive 85/73/EEC on the financing of veterinary inspections and controls of animal products covered by Annex A to Directive 89/662/EEC and by Directive 90/675/EECTHE  COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls of animal products covered by Annex A to Directive 89/662/EEC and by Directive 90/675/EEC (1), and in particular Article 6 (1) and  (2) thereof,  Having regard to the proposal from the Commission,  Whereas, for products of animal origin other than meat referred to in Directive 64/433/EEC (2), Directive 71/118/EEC (3) and Directive 72/462/EEC (4), it remains to lay down the necessary detailed rules for ensuring the financing of veterinary  inspections;  Whereas, for meat from third countries, a link should be established with the date as from which agreements should be concluded on the reduced frequency of physical checks on consignments of certain products to be imported from third countries, under  Directive 90/675/EEC (5),  HAS ADOPTED THIS DIRECTIVE:   Article 1  Chapter II of the Annex to Directive 85/73/EEC is hereby amended as follows:  (a) Point 2 shall be replaced by the following:  '2.  However, for imports from any of the countries which as at 31 December 1994 have begun exploratory talks with the Community with a view to concluding a comprehensive agreement on the equivalence of veterinary guarantees (animal health and public  health) based on the principle of reciprocal treatment, Member States may, until such an agreement is concluded or until 30 June 1995 at the latest, maintain the reduced level of fees which they applied as at 1 January 1994.  This reduction may not exceed 55 % of the standard levels referred to in point 1.  The amount of the fee to be charged on imports from any of the third countries referred to in the first subparagraph will be fixed, following the conclusion of the comprehensive equivalence agreement with the said third country, by the procedure  referred to in point 3, taking into account the following principles:  - the frequency level of checks,  - the level of the fee applied by the said third country to imports originating in the Community,  - abolition of other charges levied by the third country, such as compulsory loading or collection of a health bond.';  (b) point 4 shall be deleted.   Article 2  1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than two days after the date of its publication in the Official Journal of the European  Communities. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be adopted by Member States.  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 day of its publication in the Official Journal of the European Communities.   Article 4  This Directive is addressed to the Member States.  Done at Brussels, 14 December 1994.  For the Council The President J. BORCHERT  (1) OJ No L 32, 5. 2. 1985, p. 14. Directive as last amended by Directive 93/118/EEC (OJ No L 340, 31. 12. 1993, p. 15).(2) OJ No L 121, 29. 7. 1964, p. 2012/64. Directive as last amended by Directive 92/5/EEC (OJ No L 57, 2. 3. 1992, p.  1).(3) OJ No L 55, 8. 3. 1971, p. 23. Directive as last amended by Directive 92/116/EEC (OJ No L 62, 15. 3. 1993, p. 1).(4) OJ No L 302, 31. 12. 1972, p. 28. Directive as last amended by Regulation EEC No 1601/92 OJ No L 173, 27. 6. 1992, p. 13.(5) OJ  No L 158, 25. 6. 1994, p. 41.


title: Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (Codified version) Text with EEA relevance

text:
               1.5.2009

               EN

               Official Journal of the European Union

               L 110/30

      DIRECTIVE 2009/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 23 April 2009
   on injunctions for the protection of consumers' interests
   (Codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Certain Directives, listed in Annex I to this Directive, lay down rules with regard to the protection of consumers' interests.

               (3)

               Current mechanisms available for ensuring compliance with those Directives, both at national and at Community level, do not always allow infringements harmful to the collective interests of consumers to be terminated in good time. Collective interests means interests which do not include the cumulation of interests of individuals who have been harmed by an infringement. This is without prejudice to individual actions brought by individuals who have been harmed by an infringement.

               (4)

               As far as the purpose of bringing about the cessation of practices that are unlawful under the national provisions applicable is concerned, the effectiveness of national measures transposing the Directives in question, including protective measures that go beyond the level required by those Directives, provided they are compatible with the Treaty and allowed by those Directives, may be thwarted where those practices produce effects in a Member State other than that in which they originate.

               (5)

               Those difficulties can disrupt the smooth functioning of the internal market, their consequence being that it is sufficient to move the source of an unlawful practice to another country in order to place it out of reach of all forms of enforcement. This constitutes a distortion of competition.

               (6)

               Those difficulties are likely to diminish consumer confidence in the internal market and may limit the scope for action by organisations representing the collective interests of consumers or independent public bodies responsible for protecting the collective interests of consumers, adversely affected by practices that infringe Community law.

               (7)

               Those practices often extend beyond the frontiers between the Member States. There is an urgent need for some degree of approximation of national provisions designed to enjoin the cessation of the unlawful practices irrespective of the Member State in which the unlawful practice has produced its effects. With regard to jurisdiction, this is without prejudice to the rules of private international law and the Conventions in force between Member States, while respecting the general obligations of the Member States deriving from the Treaty, in particular those related to the smooth functioning of the internal market.

               (8)

               The objective of the action envisaged can only be attained by the Community. It is therefore incumbent on the Community to act.

               (9)

               The third paragraph of Article 5 of the Treaty makes it incumbent on the Community not to go beyond what is necessary to achieve the objectives of the Treaty. In accordance with that Article, the specific features of national legal systems must be taken into account to every extent possible by leaving Member States free to choose between different options having equivalent effect. The courts or administrative authorities competent to rule on the proceedings referred to in this Directive should have the right to examine the effects of previous decisions.

               (10)

               One option should consist in requiring one or more independent public bodies, specifically responsible for the protection of the collective interests of consumers, to exercise the rights of action set out in this Directive. Another option should provide for the exercise of those rights by organisations whose purpose is to protect the collective interests of consumers, in accordance with criteria laid down by national law.

               (11)

               Member States should be able to choose between or combine these two options in designating at national level the bodies and/or organisations qualified for the purposes of this Directive.

               (12)

               For the purposes of intra-Community infringements the principle of mutual recognition should apply to these bodies and/or organisations. The Member States should, at the request of their national entities, communicate to the Commission the name and purpose of their national entities which are qualified to bring an action in their own country according to the provisions of this Directive.

               (13)

               It is the business of the Commission to ensure the publication of a list of these qualified entities in the Official Journal of the European Union. Until a statement to the contrary is published, a qualified entity is assumed to have legal capacity if its name is included in that list.

               (14)

               Member States should be able to require that a prior consultation be undertaken by the party that intends to bring an action for an injunction, in order to give the defendant an opportunity to bring the contested infringement to an end. Member States should be able to require that this prior consultation take place jointly with an independent public body designated by those Member States.

               (15)

               Where the Member States have established that there should be prior consultation, a deadline of two weeks after the request for consultation is received should be set after which, should the cessation of the infringement not be achieved, the applicant shall be entitled to bring an action, without any further delay, before the competent court or administrative authority.

               (16)

               It is appropriate that the Commission report on the functioning of this Directive and in particular on its scope and on the operation of prior consultation.

               (17)

               The application of this Directive should not prejudice the application of Community competition rules.

               (18)

               This Directive should be without prejudice to the obligations of the Member States concerning the time limits for transposition and application in national law of the Directives set out in Annex II, Part B,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Scope
   1.   The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to actions for an injunction referred to in Article 2 aimed at the protection of the collective interests of consumers included in the Directives listed in Annex I, with a view to ensuring the smooth functioning of the internal market.
   2.   For the purposes of this Directive, an infringement means any act contrary to the Directives listed in Annex I as transposed into the internal legal order of the Member States which harms the collective interests referred to in paragraph 1.
   Article 2
   Actions for an injunction
   1.   Member States shall designate the courts or administrative authorities competent to rule on proceedings commenced by qualified entities within the meaning of Article 3 seeking:

               (a)

               an order with all due expediency, where appropriate by way of summary procedure, requiring the cessation or prohibition of any infringement;

               (b)

               where appropriate, measures such as the publication of the decision, in full or in part, in such form as deemed adequate and/or the publication of a corrective statement with a view to eliminating the continuing effects of the infringement;

               (c)

               in so far as the legal system of the Member State concerned so permits, an order against the losing defendant for payments into the public purse or to any beneficiary designated in or under national legislation, in the event of failure to comply with the decision within a time limit specified by the courts or administrative authorities, of a fixed amount for each day’s delay or any other amount provided for in national legislation, with a view to ensuring compliance with the decisions.

         2.   This Directive shall be without prejudice to the rules of private international law with respect to the applicable law, that is, normally, either the law of the Member State where the infringement originated or the law of the Member State where the infringement has its effects.
   Article 3
   Entities qualified to bring an action
   For the purposes of this Directive, a ‘qualified entity’ means any body or organisation which, being properly constituted according to the law of a Member State, has a legitimate interest in ensuring that the provisions referred to in Article 1 are complied with, in particular:

               (a)

               one or more independent public bodies, specifically responsible for protecting the interests referred to in Article 1, in Member States in which such bodies exist; and/or

               (b)

               organisations whose purpose is to protect the interests referred to in Article 1, in accordance with the criteria laid down by the national law.

         Article 4
   Intra-Community infringements
   1.   Each Member State shall take the measures necessary to ensure that, in the event of an infringement originating in that Member State, any qualified entity from another Member State where the interests protected by that qualified entity are affected by the infringement, may apply to the court or administrative authority referred to in Article 2, on presentation of the list provided for in paragraph 3 of this Article. The courts or administrative authorities shall accept this list as proof of the legal capacity of the qualified entity without prejudice to their right to examine whether the purpose of the qualified entity justifies its taking action in a specific case.
   2.   For the purposes of intra-Community infringements, and without prejudice to the rights granted to other entities under national legislation, the Member States shall, at the request of their qualified entities, communicate to the Commission that these entities are qualified to bring an action under Article 2. The Member States shall inform the Commission of the name and purpose of these qualified entities.
   3.   The Commission shall draw up a list of the qualified entities referred to in paragraph 2, with the specification of their purpose. This list shall be published in the Official Journal of the European Union; changes to this list shall be published without delay and the updated list shall be published every six months.
   Article 5
   Prior consultation
   1.   Member States may introduce or maintain in force provisions whereby the party that intends to seek an injunction can only start this procedure after it has tried to achieve the cessation of the infringement in consultation either with the defendant or with both the defendant and a qualified entity within the meaning of Article 3(a) of the Member State in which the injunction is sought. It shall be for the Member State to decide whether the party seeking the injunction must consult the qualified entity. If the cessation of the infringement is not achieved within two weeks after the request for consultation is received, the party concerned may bring an action for an injunction without any further delay.
   2.   The rules governing prior consultation adopted by Member States shall be notified to the Commission and shall be published in the Official Journal of the European Union.
   Article 6
   Reports
   1.   Every three years and for the first time no later than 2 July 2003 the Commission shall submit to the European Parliament and to the Council a report on the application of this Directive.
   2.   In its first report the Commission shall examine in particular:

               (a)

               the scope of this Directive in relation to the protection of the collective interests of persons exercising a commercial, industrial, craft or professional activity;

               (b)

               the scope of this Directive as determined by the Directives listed in Annex I;

               (c)

               whether the prior consultation provided for in Article 5 has contributed to the effective protection of consumers.

         Where appropriate, this report shall be accompanied by proposals with a view to amending this Directive.
   Article 7
   Provisions for wider action
   This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities and any other person concerned more extensive rights to bring action at national level.
   Article 8
   Implementation
   Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.
   Article 9
   Repeal
   Directive 98/27/EC, as amended by the Directives set out in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States concerning the time limits for transposition into national law and application of the Directives set out in Annex II, 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 III.
   Article 10
   Entry into force
   This Directive shall enter into force on 29 December 2009.
   Article 11
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 23 April 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         P. NEČAS

      (1)  OJ C 161, 13.7.2007, p. 39.

      (2)  Opinion of the European Parliament of 19 June 2007 (OJ C 146 E, 12.6.2008, p. 73) and Council Decision of 23 March 2009.

      (3)  OJ L 166, 11.6.1998, p. 51.

      (4)  See Annex II, Part A.

      ANNEX I

         LIST OF DIRECTIVES REFERRED TO IN ARTICLE 1
          (1)

                  1.

                  Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ L 372, 31.12.1985, p. 31).

                  2.

                  Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ L 42, 12.2.1987, p. 48) (2).

                  3.

                  Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 (OJ L 298, 17.10.1989, p. 23).

                  4.

                  Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p. 59).

                  5.

                  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

                  6.

                  Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19).

                  7.

                  Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).

                  8.

                  Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects on information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).

                  9.

                  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use: Articles 86 to 100 (OJ L 311, 28.11.2001, p. 67).

                  10.

                  Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (OJ L 271, 9.10.2002, p. 16).

                  11.

                  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22).

                  12.

                  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).

                  13.

                  Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (OJ L 33, 3.2.2009, p. 10).

         (1)  The Directives referred to in points 5, 6, 9 and 11 contain specific provisions concerning injunctions.

         (2)  The said Directive was repealed and replaced, with effect from 12 May 2010, by Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers (OJ L 133, 22.5.2008, p. 66).

      ANNEX II

         PART A

         Repealed Directive and its amendments

      (referred to in Article 9)

                  Directive 98/27/EC of the European Parliament and of the Council
                  (OJ L 166, 11.6.1998, p. 51).

                  Directive 1999/44/EC of the European Parliament and of the Council
                  (OJ L 171, 7.7.1999, p. 12).

                  Article 10 only

                  Directive 2000/31/EC of the European Parliament and of the Council
                  (OJ L 178, 17.7.2000, p. 1).

                  Article 18(2) only

                  Directive 2002/65/EC of the European Parliament and of the Council
                  (OJ L 271, 9.10.2002, p. 16).

                  Article 19 only

                  Directive 2005/29/EC of the European Parliament and of the Council
                  (OJ L 149, 11.6.2005, p. 22).

                  Article 16(1) only

                  Directive 2006/123/EC of the European Parliament and of the Council
                  (OJ L 376, 27.12.2006, p. 36).

                  Article 42 only

         PART B

         List of time limits for transposition into national law and application

      (referred to in Article 9)

                  Directive

                  Time limit for transposition

                  Date of application

                  98/27/EC

                  1 January 2001

                  —

                  1999/44/EC

                  1 January 2002

                  —

                  2000/31/EC

                  16 January 2002

                  —

                  2002/65/EC

                  9 October 2004

                  —

                  2005/29/EC

                  12 June 2007

                  12 December 2007

                  2006/123/EC

                  28 December 2009

                  —

      ANNEX III

         CORRELATION TABLE

                  Directive 98/27/EC

                  This Directive

                  Articles 1 to 5

                  Articles 1 to 5

                  Article 6(1)

                  Article 6(1)

                  Article 6(2), first subparagraph, first indent

                  Article 6(2), first subparagraph, point (a)

                  Article 6(2), first subparagraph, second indent

                  Article 6(2), first subparagraph, point (b)

                  Article 6(2), first subparagraph, third indent

                  Article 6(2), first subparagraph, point (c)

                  Article 6(2), second subparagraph

                  Article 6(2), second subparagraph

                  Article 7

                  Article 7

                  Article 8(1)

                  —

                  Article 8(2)

                  Article 8

                  —

                  Article 9

                  Article 9

                  Article 10

                  Article 10

                  Article 11

                  Annex

                  Annex I

                  —

                  Annex II

                  —

                  Annex III


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31989L0595

Council Directive 89/595/EEC of 10 October 1989 amending Directive 77/452/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, and amending Directive 77/453/EEC concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of nurses responsible for general care

Official Journal L 341 , 23/11/1989 P. 0030 - 0032 Finnish special edition: Chapter 6 Volume 3 P. 0024  Swedish special edition: Chapter 6 Volume 3 P. 0024

COUNCIL DIRECTIVE of 10 October 1989 amending Directive 77/452/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate  the effective exercise of the right of establishment and freedom to provide services, and amending Directive 77/453/EEC concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of  nurses responsible for general care (89/595/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57 (1) and the first and third sentences of paragraph 2, and 66 thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the second subparagraph of Article 1 (3) of Directive 77/453/EEC (4) sets out the principle that theoretical and technical training shall be coordinated and balanced with clinical training, although no specific ratio is laid down; whereas  Article 1 (4) states that the Council, acting on a proposal from the Commission, shall decide whether these provisions should be retained or amended;  Whereas, in the light of this review and given in particular the increased demands as regards the level of knowledge of nurses responsible for general care, it is appropriate to amend Article 1 (4) of Directive 77/453/EEC in such a way as to set the  length of the theoretical instruction at at least one-third, and that of the clinical instruction at at least one-half, of the minimum length of the training referred to in Article 1 (2) (b) of that Directive; whereas that ratio makes it necessary to  define more precisely theoretical instruction and clinical instruction;  Whereas it is also necessary to specify, as in the case of similar provisions in other directives relating to the health professions, that the list of subjects in the Annex to Directive 77/453/EEC is not restrictive and to use as standard terms  ´theoretical instruction' and ´clinical instruction' in Directive  77/453/EEC and in the headings in its Annex; whereas it is likewise necessary to align the wording of certain provisions of Directive 77/452/EEC (5), as last amended by Directive 89/594/EEC (6), with that of similar provisions of Council Directive  75/362/EEC of 16 June 1975 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide  services (7), as last amended by Directive 89/594/EEC,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 77/452/EEC is hereby amended as follows:  1.  Article 6 (3) is replaced by:  ´3.  If the host Member State has detailed knowledge of a serious matter which has occurred, prior to the establishment of the person concerned in that State, outside its territory and which is likely to affect the taking up within its territory of the  activity concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.  The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts. Its authorities shall decide on the nature and extent of the investigation to be made and shall inform the host Member State of  any consequential action which they take with regard to the certificates or documents they have issued.  Member States shall ensure the confidentiality of the information made available.';  2.  Article 7 (2) is replaced by:  ´2.  If the host Member State has detailed knowledge of a serious matter which has occurred, prior to the establishment of the person concerned in that State, outside its territory and which is likely to affect the  pursuit within its territory of the activity concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.  The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts. Its authorities shall decide on the nature and extent of the investigation to be made and shall inform the host Member State of  any consequential action which they take with regard to the information they have forwarded in accordance with paragraph 1.';  3.  the following Article is inserted:  ´Article 10a Where a host Member State requires its own nationals wishing to take up or pursue one of the activities referred to in Article 1 to take an oath or make a solemn declaration and where the form of such an oath or declaration cannot be used by nationals  of other Member States, the host Member State shall ensure that an appropriate and equivalent form of oath or declaration is offered to the persons concerned.';  4.  the following is inserted after the second subparagraph of Article 11 (1):  ´For this purpose and in addition to the declaration provided for in paragraph 2 relating to the services to be provided, Member States may, so as to permit the implementation of the provisions relating to professional conduct in force in their  territory, require either automatic temporary registration or pro forma membership of a professional organization or body or, as an alternative, registration, provided that such registration or membership does not delay or in any way complicate the  provision of services or impose any additional costs on the person providing the services.';  5.  Article 14 is deleted.  Article 2 Directive 77/453/EEC is hereby amended as follows:  1.  paragraphs 2 (b), 3 and 4 of Article 1 are replaced by:  ´2.  (b)  full-time training, of a specifically vocational nature, which must cover the subjects of the programme set out in the Annex to this Directive and comprise a three-year course or 4 600 hours of theoretical and clinical instruction.  ´3.  Member States shall ensure that the institution training nurses is responsible for the coordination of theoretical and clinical instruction throughout the training.  (a)  ´Theoretical instruction' shall be defined as:  that part of nursing training whereby student nurses acquire the knowledge, understanding and professional skills needed to plan, provide and assess total nursing care. This teaching is provided in nursing schools and other teaching environments chosen  by the training institution, and is given by a staff of nursing teachers and other competent persons.  (b)  ´Clinical instruction' shall be defined as:  that part of nursing training whereby student nurses as part of a team and indirect contact with a healthy or sick individual and/or a community learn to plan, provide and assess the required total nursing care on the basis of their acquired knowledge  and skills. The student nurse learns not only to be a member of the team, but to be a team leader organizing total nursing care, including health education for individuals and small groups in the health institutions or the community.  This instruction takes place in hospitals and other health institutions and in the community, under the responsibility of teachers who are nurses and with the cooperation and assistance of other qualified nurses. Other qualified personnel may be  involved in this teaching process.  Student nurses shall participate in the activities of the departments concerned in so far as those activities contribute to their training, enabling them to learn to undertake the responsibilities inherent in nursing care.  4.  The theoretical instruction referred to in part A of the Annex shall be balanced and coordinated with the clinical instruction referred to in part B of the Annex in such a way that the knowledge and experience listed in paragraph 1 of this Article  may be acquired in an adequate manner. The length of the theoretical instruction shall amount to no less than one-third and that of the clinical instruction to no less than one-half of the minimum length of training referred to in paragraph 2 (b).';  2.  the Annex is amended as follows:  (a)  the introductory sentence is replaced by:  ´The training programme leading to the award of a diploma, certificate or other evidence of formal qualifications as nurse responsible for general care shall consist of the two parts and at least the subjects listed below. Instruction in one or more of  these subjects may be given as part of, or in association with, other courses.';  (b)  the headings of parts A and B are amended as follows:  - in the Spanish version, ´A. Enseñanza teórica y técnica' is replaced by ´A. Enseñanza teórica' and ´B. Enseñanzas de enfermería clínica' is replaced by ´B. Enseñanza clínica',  - in the Danish version, ´A. Teoretisk og teknisk undervisning' is replaced by ´A. Teoretisk undervisning',  - in the German version, ´A. Theoretischer und technischer Unterricht' is replaced by ´A. Theoretischer Unterricht' and ´B. Klinisch-praktische Krankenpflege-Ausbildung' is replaced by ´B. Klinische Unterweisung',  - in the Greek version, ´A. Theoritiki kai praktiki didaskalia' is replaced by ´A. Theoritiki didaskalia' and ´B. Kliniki didaskalia toy nosokomoy' is replaced by ´B. Kliniki didaskalia',  - in the English version, ´A. Theoretical and technical instruction' is replaced by ´A. Theoretical instruction',  - in the French version, ´A. Enseignement théorique et technique' is replaced by ´A. Enseignement théorique' and ´B. Enseignement infirmier clinique' is replaced by ´B. Enseignement clinique',  - in the Italian version, ´A. Insegnamento teorico e tecnico' is replaced by ´A. Insegnamento teorico' and ´B. Insegnamento infermieristico clinico' is replaced by ´B. Insegnamento clinico',  - in the Dutch version, ´A. Theoretisch en technisch onderwijs' is replaced by ´A. Theoretisch onderwijs',  - in the Portuguese version, ´A. Ensino teórico e técnico' is replaced by ´A. Ensino teórico' and ´B. Ensino clínico da enfermagem' is replaced by ´B. Ensino clínico'.  Article 3 Training courses for nurses responsible for general care commenced before 13 October 1991 under the previous scheme in accordance with Article 1 of Directive 77/453/EEC may be concluded in accordance with that scheme.  Article 4 Member States shall bring into force the measures necessary to comply with this Directive no later than 13 October 1991. They shall forthwith inform the Commission thereof.  Article 5 This Directive is addressed to the Member States.   Done at Luxembourg, 10 October 1989.  For the Council The President F. DOUBIN  (1) OJ No C 20, 26. 1. 1988, p. 10 and OJ No C 322,  15. 12. 1988, p. 22. (2) OJ No C 235, 12. 9. 1988, p. 68 and OJ No C 256,  9. 10. 1989. (3) OJ No C 134, 24. 5. 1988, p. 27. (4) OJ No L 176, 15. 7. 1977, p. 8.(5) OJ No L 176, 15. 7. 1977, p. 1. (6) See page 19 of this Official Journal. (7) OJ No L 167, 30. 6. 1975, p. 1.


title: Commission Directive 2005/2/EC of 19 January 2005 amending Council Directive 91/414/EEC to include Ampelomyces quisqualis and Gliocladium catenulatum as active substancesText with EEA relevance

text:
               22.1.2005

               EN

               Official Journal of the European Union

               L 20/15

      COMMISSION DIRECTIVE 2005/2/EC
   of 19 January 2005
   amending Council Directive 91/414/EEC to include Ampelomyces quisqualis and Gliocladium catenulatum as active substances
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               In accordance with Article 6(2) of Directive 91/414/EEC the French authorities received on 12 April 1996 an application from JSC International Ltd for the inclusion of the active substance Ampelomyces quisqualis in Annex I to the Directive. Commission Decision 97/591/EC (2) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (2)

               Finland received an application under Article 6(2) of Directive 91/414/EEC on 19 May 1998 from Kemira Agro Oy (now: Verdera Oy) for the inclusion of the active substance Gliocladium catenulatum in Annex I to the Directive. Commission Decision 1999/392/EC (3) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (3)

               For those active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The nominated rapporteur Member States submitted draft assessment reports concerning the substances to the Commission on 28 October 1997 (Ampelomyces quisqualis) and on 15 June 2000 (Gliocladium catenulatum).

               (4)

               The draft assessment reports were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 8 October 2004 in the format of the Commission review reports for Ampelomyces quisqualis and Gliocladium catenulatum.

               (5)

               The dossier and the information from the review of Ampelomyces quisqualis were also submitted to the Scientific Committee on Plants. The report of this Committee was formally adopted on 7 March 2001 (4).

               (6)

               In its opinion the Committee concluded that in the absence of a satisfactory pulmonary study, the risk of operators had not been adequately addressed. The Committee further concluded that repeated dosing should in general be part of the primary data set, but it could be omitted provided that adequate justification is provided. In the specific case of Ampelomyces quisqualis the Committee was unable to comment on the necessity of repeated dosing due to absence of a satisfactory pulmonary study.

               (7)

               The Committee finally concluded that although no allergic reactions against Ampelomyces quisqualis had been observed, the possibility of occurrence of allergic reactions resulting from agricultural exposure to this organism could not be excluded. The Committee recommended monitoring the health of producers and users as a prudent post authorisation measure and making these results available for future re-assessment.

               (8)

               The recommendations of the Scientific Committee were taken into account during the further review, in this Directive and in the Review Report.

               (9)

               A second pulmonary study was performed by the notifier, as requested by the Scientific Committee. The study was considered as scientifically sound and valid within the Standing Committee and the further evaluation concluded that Ampelomyces quisqualis is neither pathogenic, nor infectious in mammals and that also no toxins are involved, and thus the risk of operator exposure has been adequately addressed according to the recommendations of the Scientific Committee on Plants.

               (10)

               As regards the possibility of allergic reactions, no such reactions have been documented from an agricultural use of the substance. As a result, there is no reason to consider that there is any serious risk of such reactions. However, the possibility of occurrence of allergic reactions cannot be entirely excluded. Such concerns should not prevent the substance being included in Annex I to Directive 91/414/EEC, but could instead be met if the Member States established a monitoring programme when they authorise plant protection products containing Ampelomyces quisqualis.

               (11)

               The evaluation within the Standing Committee therefore concluded that there would be no harmful effect on humans under the proposed conditions of use.

               (12)

               The review of Gliocladium catenulatum did not reveal any open questions or concerns, which would have required a consultation of the Scientific Committee on Plants or of the European Food Safety Authority.

               (13)

               It has appeared from the various examinations made that plant protection products containing the active substances may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC in the light of Article 5(3) thereof, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include Ampelomyces quisqualis and Gliocladium catenulatum in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances can be granted in accordance with the provisions of that Directive.

               (14)

               After inclusion of Ampelomyces quisqualis and Gliocladium catenulatum in Annex I to Directive 91/414/EEC, Member States should be allowed a reasonable period to implement the provisions of Directive 91/414/EEC as regards plant protection products containing those substances and in particular to review existing provisional authorisations and, by the end of this period at the latest, to transform those authorisations into full authorisations, to amend them or to withdraw them in accordance with the provisions of Directive 91/414/EEC.

               (15)

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

               (16)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish by 30 September 2005 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 October 2005.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall 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
   1.   Member States shall review the authorisation for each plant protection product containing Ampelomyces quisqualis or Gliocladium catenulatum to ensure that the conditions relating to these active substances set out in Annex I to Directive 91/414/EEC are complied with. Where necessary, they shall amend or withdraw authorisations in accordance with Directive 91/414/EEC by 30 September 2005 at the latest.
   2.   For each authorised plant protection product containing Ampelomyces quisqualis or Gliocladium catenulatum as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 March 2005 at the latest, Member States shall re-evaluate the product on the basis of a dossier satisfying the requirements of Annex III thereto. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing Ampelomyces quisqualis or Gliocladium catenulatum as the only active substance, where necessary, amend or withdraw the authorisation by 30 September 2006 at the latest; or

               (b)

               in the case of a product containing Ampelomyces quisqualis or Gliocladium catenulatum as one of several active substances, where necessary, amend or withdraw the authorisation by 30 September 2006 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 4
   This Directive shall enter into force on 1 April 2005.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 19 January 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Decision 2004/99/EC (OJ L 309, 6.10.2004, p. 6).

      (2)  OJ L 239, 30.8.1997, p. 48.

      (3)  OJ L 148, 15.6.1999, p. 44.

      (4)  Opinion of the scientific Committee on Plants regarding the evaluation of Ampelomyces quisqualis in the context of Council Directive 91/414/EEC concerning the placing of plant protection products on the market — Opinion adopted by the Scientific Committee on Plants on 7 March 2001.

      ANNEX
      In Annex I to Directive 91/414/EEC the following row is added at the end of the table:

                     No

                     Common name, identification numbers

                     IUPAC Name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘94

                        Ampelomyces quisqualis

                     Strain: AQ 10
                     Culture collection No CNCM I-807
                     CIPAC No
                     Not allocated

                     Not applicable

                     1 April 2005

                     31 March 2015

                     Only uses as fungicide may be authorised.
                     When granting authorisations, the conclusions of the review report on Ampelomyces quisqualis, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 8 October 2004 shall be taken into account.

                     99

                        Gliocladium catenulatum

                     Strain: J1446
                     Culture collection No DSM 9212
                     CIPAC No
                     Not allocated

                     Not applicable

                     1 April 2005

                     31 March 2015

                     Only uses as fungicide may be authorised.
                     When granting authorisations, the conclusions of the review report on Gliocladium catenulatum, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 30 March 2004 shall be taken into account.
                     In this overall assessment, Member States should pay particular attention to the protection of operators and workers. Risk mitigation measures should be applied where appropriate.’

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


Avis juridique important

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31991L0338

Council Directive 91/338/EEC of 18 June 1991 amending for the 10th time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations

Official Journal L 186 , 12/07/1991 P. 0059 - 0063 Finnish special edition: Chapter 13 Volume 20 P. 0198  Swedish special edition: Chapter 13 Volume 20 P. 0198

COUNCIL DIRECTIVE  of 18 June 1991  amending for the 10th time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain  dangerous substances and preparations  (91/338/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas measures for the progressive establishment of the internal market should be adopted over a period expiring on 31 December 1992; whereas the internal market comprises an area without internal frontiers in which the free movement of goods,  persons, services and capital is ensured;  Whereas the Council resolution of 25 January 1988 (4) invites the Commission to pursue without delay the development of specific measures for a Community action programme to combat environmental pollution by cadmium; whereas human health also has to be  protected and an overall strategy that in particular restricts the use of cadmium and stimulates research into substitutes should therefore be implemented;  Whereas advances are being made in knowledge and techniques regarding substitutes; whereas it would therefore be advisable systematically to reassess the situation in the light of the results of the scientific and technical studies provided for in the  said resolution;  Whereas polyvinyl chloride (PVC) may not be coloured using cadmium-based pigments; whereas, for certain particular applications, the use of a cadmium-based stabilizer is still necessary in the current state of technology;  Whereas restrictions already adopted by certain Member States on the use and marketing of the abovementioned substances or preparations containing them have a direct effect on the establishment and functioning of the internal market; whereas it is  therefore necessary to approximate the laws of the Member States in this field and to amend Annex I to Directive 76/769/EEC (5), as last amended by Directive 89/678/EEC (6), accordingly,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex I to Directive 76/769/EEC is hereby amended as set out in the Annex hereto. However, the new provisions shall not apply to products containing cadmium which are already covered by other Community legislation.  Article 2  Owing to the development of knowledge and techniques in respect of substitutes less dangerous than cadmium and its compounds, the Commission shall, in consultation with the Member States, reassess the situation for the first time within three  years of the date referred to in Article 3 (1) and subsequently at regular intervals in accordance with the procedure laid down in Article 2a of Directive 76/769/EEC.  Article 3  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 December 1992. They shall forthwith inform the Commission thereof.  2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall  be laid down by the Member States.  Article 4  This Directive is addressed to the Member States. Done at Luxembourg, 18 June 1991. For the Council  The President  G. WOHLFART  (1) OJ No C 8, 13. 1. 1990, p. 8 and amendment communicated 26 November 1990. (2) OJ No C 260, 15. 10. 1990, p. 92 and OJ No C 129, 20. 5. 1991. (3) OJ No C 112, 7. 5. 1990, p. 1. (4) OJ No C 30, 4. 2. 1988, p. 1. (5) OJ No L 262, 27. 9. 1976,  p. 201. (6) OJ No L 398, 30. 12. 1989, p. 24.    ANNEX  The following substances are added to Annex I to Directive 76/769/EEC:   '24. Cadmium (CAS No 7440-43-9)  and its compounds  1.1. May not be used to give colour to finished products manufactured from the substances and preparations listed below.   - polyvinyl chloride (PVC)  [3904 10] [3904 21] [3904 22]   - polyurethane (PUR)  [3909 50]   - low-density  polyethylene (ld PE), with the exception of low-density polyethylene used for the production of coloured masterbatch  [3901 10] (1)   - cellulose acetate (CA)  [3912 11] [3912 12]   - cellulose acetate butyrate (CAB)  [3912 11] [3912 12]   - epoxy  resins  [3907 30]   In any case, whatever their use or intended final purpose, finished products or components of products manufactured from the substances and preparations listed above coloured with cadmium may not be placed on the market if their  cadmium content (expressed as Cd metal) exceeds 0,01 % by mass of the plastic material.   1.2. Section 1.1 also applies from 31 December 1995 for:   (a) finished products manufactured from the following substances and preparations:   - melamine -  formaldehyde (MF) resins  [3909 20]   - urea - formaldehyde (UF) resins  [3909 10]   - unsaturated polyesters (UP)  [3907 91]   - polyethylene terephthalate (PET)  [3907 60]   - polybutylene terephthalate (PBT)    - transparent/general-purpose  polystyrene  [3903 11] [3903 19] (1)   - acrylonitrile methylmethacrylate (AMMA)    - cross-linked polyethylene (VPE)    - high-impact polystyrene    - polypropylene (PP)  [3902 10]   (b) paints  [3208] [3209]   However, if the paints have a high zinc  content, their residual concentration of cadmium must be as low as possible and at all events not exceed 0,1 % by mass.   1.3. However, Sections 1.1 and 1.2 do not apply to products to be coloured for safety reasons.   2.1. May not be used to stabilize  the finished products listed below manufactured from polymers or copolymers of vinyl chloride:   - packaging materials (bags, containers, bottles, lids)  [3923 29 10]  [3920 41] [3920 42]   - office or school supplies  [3926 10]   - fittings for furniture, coachwork or the like  [3926 30]   - articles of apparel and clothing accessories (including gloves)  [3926 20]   - floor and wall coverings  [3918 10]   -  impregnated, coated, covered or laminated textile fabrics  [5903 10]   - imitation leather  [4202] (1)   - gramophone records  [8524 10]   - tubes and pipes and their fittings  [3917 23]   - swing doors    - vehicles for road transport (interior,  exterior, underbody)    - coating of steel sheet used in construction or in industry    - insulation for electrical wiring (1) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs  Tariff (OJ No L 256, 7. 9. 1987).   In any case, whatever their use or intended final purpose, the placing on the market of the above finished products or components of products manufactured from polymers or copolymers of vinyl chloride, stabilized by substances containing cadmium  is prohibited, if their cadmium content (expressed as Cd metal) exceeds 0,01 % by mass of the polymer.   These provisions enter into force on 30 June 1994.   2.2. However, Section 2.1 does not apply to finished products using cadmium-based stabilizers  for safety reasons.   3. Within the meaning of this Directive, "cadmium plating" means any deposit or coating of metallic cadmium on a metallic surface.   3.1. May not be used for cadmium plating metallic products or components of the products used in  the sectors/applications listed below.   (a) equipment and machinery for:   - food production  [8210]    [8417 20]    [8419 81]    [8421 11]    [8421 22]    [8422]    [8435] [8437] [8438]    [8476 11]   - agriculture  [8419 31] (1)    [8424 81]     [8432] [8433]    [8434] [8436]   - cooling and freezing  [8418]   - printing and book-binding  [8440]    [8442]    [8443]   (b) equipment and machinery for the production of:   - household goods  [7321]    [8421 12]    [8450]    [8509]    [8516]   -  furniture  [8465] [8466]    [9401] [9402] (1)    [9403] [9404]   - sanitary ware  [7324]   - central heating and air conditioning plant  [7322]    [8403] [8404]    [8415]   In any case, whatever their use or intended final purpose, the placing on the  market of cadmium-plated products or components of such products used in the sectors/applications listed in (a) and (b) above and of products manufactured in the sectors listed in (b) above is prohibited.   (1) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ No L 256, 7. 9. 1987).     3.2. The provisions referred to in Section 3.1 are also applicable from 30 June 1995 to cadmium-plated products or components of such products when used in the sectors/applications listed in (a) and (b) below and to products manufactured in the  sectors listed in (b) below:   (a) equipment and machinery for the production of:   - paper and board  [8419 32]    [8439]    [8441]   - textiles and clothing  [8444] (1)    [8445] [8447]    [8448] [8449] [8451]    [8452]   (b) equipment and machinery  for the production of:   - industrial handling equipment and machinery  [8425] [8426] [8427]    [8428]    [8429]    [8430]    [8431] (1)   - road and agricultural vehicles  [chapter 87]   - rolling stock  [chapter 86]   - vessels  [chapter 89]   3.3.  However, Sections 3.1 and 3.2 do not apply to:   - products and components of the products used in the aeronautical, aerospace, mining, offshore and nuclear sectors whose applications require high safety standards and in safety devices in road and  agricultural vehicles, rolling stock and vessels,   - electrical contacts in any sector of use, on account of the reliability required of the apparatus on which they are installed.'   (1) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ No L 256, 7. 9. 1987).