title: Commission Directive 2009/11/EC of 18 February 2009 amending Council Directive 91/414/EEC to include bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad as active substances (Text with EEA relevance)

text:
               19.2.2009

               EN

               Official Journal of the European Union

               L 48/5

      COMMISSION DIRECTIVE 2009/11/EC
   of 18 February 2009
   amending Council Directive 91/414/EEC to include bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad 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)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad.

               (2)

               For those active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 1490/2002 for a range of uses proposed by the notifiers. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 10(1) of Regulation (EC) No 1490/2002. For bensulfuron the rapporteur Member State was Italy and all relevant information was submitted on 11 September 2006. For sodium 5-nitroguaiacolate, sodium o-nitrophenolate and sodium p-nitrophenolate the rapporteur Member State was Greece and all relevant information was submitted on 7 December 2005. For tebufenpyrad the rapporteur Member State was Germany and all relevant information was submitted on 12 March 2007.

               (3)

               The assessment reports have been peer reviewed by the Member States and the EFSA and presented to the Commission on 26 September 2008 for bensulfuron, on 30 September 2008 for sodium 5-nitroguaiacolate, sodium o-nitrophenolate and sodium p-nitrophenolate and on 23 October 2008 for tebufenpyrad in the format of the EFSA Scientific Reports (4). These reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 2 December 2008 in the format of the Commission review reports for sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad and on 8 December 2008 in the format of the Commission review reports for bensulfuron.

               (4)

               It has appeared from the various examinations made that plant protection products containing bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances 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.

               (5)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, the notifier should be required to submit further information on the chemical specification, information to further address the route and rate of degradation of bensulfuron under aerobic flooded soil conditions and information to address the relevance of metabolites for the consumer risk assessment. Furthermore, it is appropriate to require that sodium 5-nitroguaiacolate, sodium o-nitrophenolate and sodium p-nitrophenolate should be subjected to further testing for confirmation of the risk assessment for groundwater and such studies should be presented by the notifier. Finally, it is appropriate as regards tebufenpyrad, to require the notifier to submit information confirming that no relevant impurities are present and addressing further the risk to insectivorous birds.

               (6)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

               (7)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By way of derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (8)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (9)

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

               (10)

               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
   Member States shall adopt and publish by 30 April 2010 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 May 2010.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad as active substances by 30 April 2010.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad 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 October 2009 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad respectively. 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 bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad as the only active substance, where necessary, amend or withdraw the authorisation by 30 April 2014 at the latest; or

               (b)

               in the case of a product containing bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad as one of several active substances, where necessary, amend or withdraw the authorisation by 30 April 2014 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 November 2009.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 18 February 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 55, 29.2.2000, p. 25.

      (3)  OJ L 224, 21.8.2002, p. 23.

      (4)  EFSA Scientific Report (2008) 178, Conclusion regarding the peer review of the pesticide risk assessment of the active substance bensulfuron (finalised 26 September 2008).

      EFSA Scientific Report (2008) 191, Conclusion regarding the peer review of the pesticide risk assessment of the active substance sodium (5-nitroguaiacolate, o-nitrophenolate, p-nitrophenolate) (finalised 30 September 2008).

      EFSA Scientific Report (2008) 192, Conclusion regarding the peer review of the pesticide risk assessment of the active substance tebufenpyrad (finalised 23 October 2008).

      (5)  OJ L 366, 15.12.1992, p. 10.

      ANNEX
      The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘276

                     Bensulfuron
                     CAS No 83055-99-6
                     CIPAC No 502.201

                        α-[(4,6-dimethoxypyrimidin-2-ylcarbamoyl)sulfamoyl]-o-toluic acid (bensulfuron)

                        methyl α-[(4,6-dimethoxypyrimidin-2-ylcarbamoyl)sulfamoyl]-o-toluate (bensulfuron-methyl)

                     ≥ 975 g/kg

                     1 November 2009

                     31 October 2019

                     PART A
                     Only uses as a herbicide
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on bensulfuron, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 8 December 2008 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to the following:

                                 —

                                 the protection of aquatic organisms; in relation to these identified risks, risk mitigation measures, such as buffer zones, shall be applied where appropriate,

                                 —

                                 the protection of the groundwater, where the active substance is applied in regions with vulnerable soil and/or climatic conditions.

                           The Member States concerned shall ensure that the notifier submits to the Commission:

                                 —

                                 further studies on the specification,

                                 —

                                 information to further address the route and rate of degradation of bensulfuron-methyl under aerobic flooded soil conditions,

                                 —

                                 information to address the relevance of metabolites for the consumer risk assessment.

                           They shall ensure that the notifiers provide such studies to the Commission by 31 October 2011.

                     277

                     Sodium 5-nitroguaiacolate
                     CAS No 67233-85-6
                     CIPAC number not allocated

                        Sodium 2-methoxy-5-nitrophenolate

                     ≥ 980 g/kg

                     1 November 2009

                     31 October 2019

                     PART A
                     Only use as plant growth regulator may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on sodium 5-nitroguaiacolate, sodium o-nitrophenolate and sodium p-nitrophenolate, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 2 December 2008 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to:

                                 —

                                 the specification of the technical material as commercially manufactured must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,

                                 —

                                 the protection of the operators and workers safety. Authorised conditions of use must prescribe the application of adequate personal protective equipment and risk mitigation measures to reduce the exposure,

                                 —

                                 the protection of the groundwater, when the active substance is applied in regions with vulnerable soil and/or climatic conditions. Conditions of authorisation should include risk mitigation measures, where appropriate.

                           The Member States concerned shall request the submission of further studies to address the risk to groundwater. They shall ensure that the notifiers provide such studies to the Commission by 31 October 2011.

                     278

                     Sodium o-nitrophenolate
                     CAS No 824-39-5
                     CIPAC number not allocated

                        Sodium 2-nitrophenolate; sodium o-nitrophenolate

                     ≥ 980 g/kg

                        The following impurities are of toxicological concern:

                                    Phenol

                                    Max content: 0,1 g/kg

                                    2,4 dinitrophenol

                                    max content: 0,14 g/kg

                                    2,6 dinitrophenol

                                    max content: 0,32 g/kg

                     1 November 2009

                     31 October 2019

                     PART A
                     Only use as plant growth regulator may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on sodium 5-nitroguaiacolate, sodium o-nitrophenolate and sodium p-nitrophenolate, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 2 December 2008 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to:

                                 —

                                 the specification of the technical material as commercially manufactured must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,

                                 —

                                 the protection of the operators and workers safety. Authorised conditions of use must prescribe the application of adequate personal protective equipment and risk mitigation measures to reduce the exposure,

                                 —

                                 the protection of the groundwater, when the active substance is applied in regions with vulnerable soil and/or climatic conditions. Conditions of authorisation should include risk mitigation measures, where appropriate.

                           The Member States concerned shall request the submission of further studies to address the risk to groundwater. They shall ensure that the notifiers provide such studies to the Commission by 31 October 2011.

                     279

                     Sodium p-nitrophenolate
                     CAS No 824-78-2
                     CIPAC number not allocated

                        Sodium 4-nitrophenolate; sodium p-nitrophenolate

                     ≥ 998 g/kg

                        The following impurities are of toxicological concern:

                                    Phenol

                                    max content: 0,1 g/kg

                                    2,4 dinitrophenol

                                    max content: 0,07 g/kg

                                    2,6 dinitrophenol

                                    max content: 0,09 g/kg

                     1 November 2009

                     31 October 2019

                     PART A
                     Only use as plant growth regulator may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on sodium 5-nitroguaiacolate, sodium o-nitrophenolate and sodium p-nitrophenolate, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 2 December 2008 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to:

                                 —

                                 the specification of the technical material as commercially manufactured must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,

                                 —

                                 the protection of the operators and workers safety. Authorised conditions of use must prescribe the application of adequate personal protective equipment and risk mitigation measures to reduce the exposure,

                                 —

                                 the protection of the groundwater, when the active substance is applied in regions with vulnerable soil and/or climatic conditions. Conditions of authorisation should include risk mitigation measures, where appropriate.

                           The Member States concerned shall request the submission of further studies to address the risk to groundwater. They shall ensure that the notifiers provide such studies to the Commission by 31 October 2011.

                     280

                     Tebufenpyrad
                     CAS No 119168-77-3
                     CIPAC No 725

                        N-(4-tert-butylbenzyl)-4-chloro-3-ethyl-1-methylpyrazole-5-carboxamide

                     ≥ 980 g/kg

                     1 November 2009

                     31 October 2019

                     PART A
                     Only uses as acaricide and insecticide may be authorised.
                     PART B
                     In assessing applications to authorise plant protection products containing tebufenpyrad in formulations other than water soluble bags Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted.
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on tebufenpyrad, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 2 December 2008 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to:

                                 —

                                 the operator and worker safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,

                                 —

                                 the protection of aquatic organisms and must ensure that conditions of authorisation include risk mitigation measures such as buffer zones, where appropriate,

                                 —

                                 the protection of insectivorous birds and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures.

                           The Member States concerned shall ensure that the notifier submits to the Commission:

                                 —

                                 further information confirming that no relevant impurities are present,

                                 —

                                 information to further address the risk to insectivorous birds.

                           They shall ensure that the notifier provides such information to the Commission by 31 October 2011.’

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


title: Commission Directive 2011/73/EU of 29 July 2011 amending, for the purposes of their adaptation to technical progress, Annexes I and V to Directive 2008/121/EC of the European Parliament and of the Council on textile names Text with EEA relevance

text:
               30.7.2011

               EN

               Official Journal of the European Union

               L 198/30

         COMMISSION DIRECTIVE 2011/73/EU
   of 29 July 2011
   amending, for the purposes of their adaptation to technical progress, Annexes I and V to Directive 2008/121/EC of the European Parliament and of the Council on textile names
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2008/121/EC of the European Parliament and of the Council of 14 January 2009 on textile names (1), and in particular Article 15(1) thereof,
   Whereas:

               (1)

               Directive 2008/121/EC lays down rules governing the labelling or marking of products as regards their textile fibre content, in order to ensure that consumer interests are thereby protected. Textile products may be placed on the market within the Union only if they comply with the provisions of that Directive.

               (2)

               In view of recent findings by a technical working group, it is necessary, for the purposes of adapting Directive 2008/121/EC to technical progress, to add the fibre polypropylene/polyamide bicomponent to the list of fibres set out in the Annexes I and V to that Directive.

               (3)

               Directive 2008/121/EC should therefore be amended accordingly.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2008/121/EC is amended as follows:

               (1)

               in Annex I the following row 49 is added:

                           ‘49.

                           Polypropylene/polyamide bicomponent

                           a bicomponent fibre composed of between 10 % and 25 % by mass of polyamide fibrils embedded in polypropylene matrix’;

               (2)

               in Annex V the following entry 49 is added:

                           ‘49.

                           Polypropylene/polyamide bicomponent

                           1,00’.

         Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 July 2012 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 29 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 19, 23.1.2009, p. 29.


Avis juridique important

|

31979L0695

Council Directive 79/695/EEC of 24 July 1979 on the harmonization of procedures for the release of goods for free circulation

Official Journal L 205 , 13/08/1979 P. 0019 - 0026 Greek special edition: Chapter 02 Volume 7 P. 0262  Spanish special edition: Chapter 02 Volume 6 P. 0057  Portuguese special edition Chapter 02 Volume 6 P. 0057

++++COUNCIL DIRECTIVE  OF 24 JULY 1979  ON THE HARMONIZATION OF PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION   ( 79/695/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS THE COMMUNITY IS BASED UPON A CUSTOMS UNION ;  WHEREAS , WITHOUT PREJUDICE TO THE TRANSITIONAL MEASURES LAID DOWN IN TITLE I , CHAPTER 1 OF PART FOUR OF THE ACT OF ACCESSION , THE ESTABLISHMENT OF THIS CUSTOMS UNION IS GOVERNED IN THE MAIN BY TITLE I , CHAPTER 1 OF PART TWO OF THE TREATY ; WHEREAS THAT CHAPTER CONTAINS A SERIES OF SPECIFIC PROVISIONS , DEALING IN PARTICULAR WITH THE ELIMINATION OF CUSTOMS DUTIES BETWEEN MEMBER STATES , THE ESTABLISHMENT AND PROGRESSIVE INTRODUCTION OF THE COMMON CUSTOMS TARIFF AND THE AUTONOMOUS ALTERATION OR SUSPENSION OF THE DUTIES OF THE LATTER ;  WHEREAS , WHILE ARTICLE 27 OF THE TREATY PROVIDES THAT MEMBER STATES SHALL , BEFORE THE END OF THE FIRST STAGE IN SO FAR AS MAY BE NECESSARY , TAKE STEPS TO APPROXIMATE THEIR PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS MATTERS , THAT ARTICLE DOES NOT EMPOWER INSTITUTIONS OF THE COMMUNITY TO ISSUE BINDING PROVISIONS IN THAT FIELD ; WHEREAS , HOWEVER , A THOROUGH EXAMINATION UNDERTAKEN JOINTLY WITH MEMBER STATES HAS SHOWN THE NEED IN CERTAIN FIELDS FOR DECISION , BY BINDING ACTS OF THE COMMUNITY , UPON MEASURES ESSENTIAL FOR THE INTRODUCTION OF CUSTOMS ARRANGEMENTS WHICH WILL ENSURE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF AND OF THE VARIOUS CHARGES LAID DOWN WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY ;  WHEREAS , FOR THAT PURPOSE , THE COUNCIL HAS ALREADY ADOPTED INTER ALIA DIRECTIVE 68/312/EEC OF 30 JULY 1968 ON HARMONIZATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS TREATMENT OF GOODS ENTERING THE CUSTOMS TERROTORY OF THE COMMUNITY AND TEMPORATY STORAGE OF SUCH GOODS ( 4 ) , AS WELL AS DIRECTIVE 78/453/EEC OF 22 MAY 1978 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION CONCERNING DEFERRED PAYMENT OF IMPORT DUTIES OR EXPORT DUTIES ( 5 ) ;  WHEREAS THE RELEASE FOR FREE CIRCULATION , WITHIN THE MEANING OF ARTICLE 10 ( 1 ) OF THE TREATY , OF GOODS IMPORTED FROM A THIRD COUNTRY INTO A MEMBER STATE HAS EFFECT THROUGHOUT THE COMMUNITY ; WHEREAS IT THEREFORE ASSUMES A SPECIFICALLY COMMUNITY CHARACTER AND , IN THIS RESPECT , DIFFERS FROM THE RELEASE FOR HOME USE OF THESE SAME GOODS , WHICH REQUIRES MOREOVER THE APPLICATION OF DIFFERENT NATIONAL PROVISIONS , PARTICULARLY OF A FISCAL NATURE , AND CAN THEREFORE TAKE PLACE ONLY IN THE MEMBER STATE IN WHICH SUCH GOODS ARE ACTUALLY CONSUMED ;  WHEREAS THE MEMBER STATES' LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS DETERMINE THE RULES OF PROCEDURE WHICH , IN MOST CASES , ARE DEVISED EXCLUSIVELY FOR THE RELEASE OF GOODS FOR HOME USE ; WHEREAS , AS A RESULT , THE RELEASE FOR FREE CIRCULATION OF GOODS , PARTICULARLY WITH A VIEW TO THEIR SUBSEQUENT RELEASE FOR HOME USE IN ANOTHER MEMBER STATE MOST OFTEN CANNOT TAKE PLACE IN ISOLATION ;  WHEREAS THESE PROVISIONS ALSO SHOW CONSIDERABLE DISPARITIES WHICH RESULT IN THE APPLICATION , UNDER DIFFERING CONDITIONS , NOT ONLY OF THE COMMON CUSTOMS TARIFF DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES OR OTHER CHARGES LAID DOWN WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY , BUT ALSO OF ANY OTHER COMMUNITY PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION ; WHEREAS THE RESULTING DISTORTIONS OF TREATMENT FOR COMMUNITY IMPORTERS , DEPENDING ON THE MEMBER STATE IN WHICH THE CUSTOMS CLEARANCE FORMALITIES ARE CARRIED OUT , MAY LEAD TO DEFLECTION OF TRADE AND ARTIFICIAL MOVEMENT OF ACTIVITIES ;  WHEREAS THE SAID PROVISIONS OF THE MEMBER STATES DIRECTLY AFFECT THE ESTABLISHMENT AND OPERATION OF THE COMMON MARKET ;  WHEREAS , TAKING INTO ACCOUNT THE PROGRESS MADE IN CREATING THE CUSTOMS UNION , IT IS NECESSARY TO FIX COMMON RULES OF PROCEDURE FOR THE RELEASE OF GOODS FOR FREE CIRCULATION , IN THE FORM OF A DIRECTIVE AT LEAST ; WHEREAS THE SAME RULES MAY ALSO BE FOLLOWED FOR THE RELEASE FOR HOME USE OF GOODS IN THE MEMBER STATE OF IMPORTATION ;  WHEREAS THESE COMMON RULES MUST MAKE IT POSSIBLE TO ENSURE THE CORRECT APPLICATION NOT ONLY OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT , AGRICULTURAL LEVIES OR OTHER CHARGES LAID DOWN WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY , BUT ALSO OF ANY OTHER COMMUNITY PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION ; WHEREAS , HOWEVER , SUCH RULES MUST DISPENSE WITH ALL UNNECESSARY FORMALITIES ; WHEREAS , MOREOVER , THEY MUST BE SUFFICIENTLY FLEXIBLE TO BE ADAPTABLE TO DIFFERING CIRCUMSTANCES AND TO TAKE INTO ACCOUNT PROGRESS IN ADMINISTRATION TECHNIQUES , PARTICULARLY WITH REGARD TO INFORMATICS ;  WHEREAS IT IS IMPORTANT TO ENSURE UNIFORM APPLICATION OF THESE COMMON RULES AND TO PROVIDE FOR THIS PURPOSE A COMMUNITY PROCEDURE WHICH WILL ALLOW THE MEASURES FOR IMPLEMENTING THEM TO BE ADOPTED WITHIN APPROPRIATE TIME LIMITS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . WITHOUT PREJUDICE TO ANY SPECIAL PROVISIONS WHICH HAVE BEEN OR WILL BE ADOPTED UNDER SPECIFIC CUSTOMS ARRANGEMENTS , THIS DIRECTIVE DETERMINES THE RULES WHICH MUST BE LAID DOWN IN THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES IN RESPECT OF THE RELEASE FOR FREE CIRCULATION , WITHIN THE MEANING OF ARTICLE 10 ( 1 ) OF THE TREATY , OF GOODS WHICH :   - HAVE BEEN PRODUCED TO CUSTOMS AND WHICH MAY HAVE BEEN PLACED IN TEMPORARY STORAGE , IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN DIRECTIVE 68/312/EEC , OR   - ARE UNDER ANOTHER CUSTOMS PROCEDURE .  2 . FOR THE PURPOSES OF THIS DIRECTIVE , " IMPORT DUTIES " MEANS CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT , AS WELL AS AGRICULTURAL LEVIES AND OTHER IMPORT CHARGES LAID DOWN WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY OR OF THE SPECIFIC ARRANGEMENTS APPLICABLE , PURSUANT TO ARTICLE 235 OF THE TREATY , TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS .  TITLE I  GENERAL PROCEDURE  ARTICLE 2  THE RELEASE FOR FREE CIRCULATION OF THE GOODS REFERRED TO IN ARTICLE 1 SHALL BE CONDITIONAL UPON THE LODGING AT A CUSTOMS OFFICE , IN ACCORDANCE WITH THE CONDITIONS LAID DOWN BY THIS DIRECTIVE , OF AN ENTRY FORM FOR RELEASE FOR FREE CIRCULATION , HEREINAFTER REFERRED TO AS " THE ENTRY " .  THE NATURAL OR LEGAL PERSON WHO MAKES THE ENTRY SHALL HEREINAFTER BE REFERRED TO AS " THE DECLARANT " .  ARTICLE 3  1 . THE ENTRY SHALL BE MADE IN WRITING ON A FORM CORRESPONDING TO THE APPROPRIATE OFFICIAL MODEL DETERMINED BY THE COMPETENT AUTHORITIES . IT SHALL BE SIGNED AND CONTAIN THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS AND FOR THE APPLICATION OF THE IMPORT DUTIES AND ANY OTHER PROVISIONS GOVERNING THE RELEASE OF THE GOODS FOR FREE CIRCULATION .  2 . THE ENTRY SHALL BE ACCOMPANIED BY ALL THE DOCUMENTS REQUIRED FOR THE CORRECT APPLICATION OF THE IMPORT DUTIES AND ANY OTHER PROVISIONS GOVERNING THE RELEASE OF THE GOODS FOR FREE CIRCULATION .  ARTICLE 4  FOR THE PURPOSE OF MAKING ENTRY , THE CUSTOMS AUTHORITY SHALL , UNDER CONDITIONS WHICH IT SHALL SPECIFY , AUTHORIZE THE PRIOR EXAMINATION OF GOODS AND THE TAKING OF SAMPLES .  ARTICLE 5  1 . THE ENTRY MAY BE LODGED AT ANY CUSTOMS OFFICE IN THE COMMUNITY WHICH IS COMPETENT , IN ACCORDANCE WITH NATIONAL PROVISIONS , TO RELEASE FOR FREE CIRCULATION THE GOODS TO WHICH THE ENTRY RELATES , ON PRESENTATION OF THE GOODS AT THAT OFFICE .  HOWEVER , THE CUSTOMS AUTHORITY MAY AUTHORIZE THE ENTRY TO BE LODGED BEFORE THE DECLARANT IS IN A POSITION TO PRESENT THE GOODS . IN THIS CASE , THE CUSTOMS AUTHORITY MAY SET A TIME LIMIT , TO BE DETERMINED ACOORDING TO THE CIRCUMSTANCES , FOR PRESENTATION OF THE GOODS . IF THE GOODS HAVE NOT BEEN PRESENTED WITHIN THIS TIME LIMIT , THE ENTRY SHALL BE DEEMED NOT TO HAVE BEEN LODGED .  2 . FOR THE PURPOSE OF APPLYING PARAGRAPH 1 , GOODS SHALL BE DEEMED TO HAVE BEEN PRESENTED AT A CUSTOMS OFFICE WHEN THEIR ARRIVAL AT THE CUSTOMS OFFICE , OR AT ANOTHER PLACE DESIGNATED BY THE COMPETENT AUTHORITIES , HAS BEEN NOTIFIED TO THE LATTER IN THE MANNER REQUIRED TO ENABLE THEM TO CONTROL OR TO INSPECT THEM .  3 . THE ENTRY SHALL BE LODGED IN THE COMPETENT CUSTOMS OFFICE DURING THE DAYS AND HOURS APPOINTED FOR OPENING .  HOWEVER , THE CUSTOMS AUTHORITY MAY , AT THE REQUEST OF THE DECLARANT AND AT HIS EXPENSE , AUTHORIZE THE ENTRY TO BE LODGED OUTSIDE THE APPOINTED DAYS AND HOURS .  4 . ANY ENTRY LODGED WITH THE OFFICIALS OF A CUSTOMS OFFICE IN ANY OTHER PLACE DULY DESIGNATED FOR THAT PURPOSE BY AGREEMENT BETWEEN THE COMPETENT AUTHORITIES AND THE PERSON CONCERNED SHALL BE REGARDED AS HAVING BEEN LODGED IN THE AFOREMENTIONED OFFICE .  ARTICLE 6  1 . ONLY ENTRIES WHICH COMPLY WITH THE CONDITIONS LAID DOWN IN ARTICLE 3 MAY BE ACCEPTED BY THE CUSTOMS AUTHORITY .  2 . HOWEVER , AT THE DECLARANT'S REQUEST AND FOR REASONS DEEMED VALID BY THE CUSTOMS AUTHORITY , THE LATTER MAY ACCEPT AN ENTRY WHICH DOES NOT CONTAIN CERTAIN OF THE PARTICULARS REFERRED TO IN ARTICLE 3 ( 1 ) OR TO WHICH SOME OF THE DOCUMENTS REFERRED TO IN ARTICLE 3 ( 2 ) ARE NOT ATTACHED ; IT SHALL THEN SET A TIME LIMIT FOR THE COMMUNICATION OF THE PARTICULARS OR THE PRODUCTION OF THE SAID DOCUMENTS . IN THIS CASE , THE RELEASE OF THE GOODS FOR FREE CIRCULATION , REFERRED TO IN ARTICLE 13 , MAY BE MADE CONDITIONAL ON THE PROVISION OF SECURITY .  THE ENTRY SHALL , IN ANY CASE , CONTAIN THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS TO WHICH IT RELATES .  3 . AN INCOMPLETE ENTRY ACCEPTED UNDER THE CONDITIONS SET OUT IN PARAGRAPH 2 MAY BE EITHER COMPLETED BY THE DECLARANT OR , BY AGREEMENT WITH THE CUSTOMS AUTHORITY , REPLACED BY ANOTHER ENTRY WHICH COMPLIES WITH THE CONDITIONS LAID DOWN IN ARTICLE 3 . IN THE LATTER CASE , THE OPERATIVE DATE FOR THE FIXING OF THE IMPORT DUTIES AND THE APPLICATION OF ANY OTHER PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION SHALL BE THE DATE OF ACCEPTANCE OF THE INCOMPLETE ENTRY .  ARTICLE 7  1 . ENTRIES WHICH COMPLY WITH THE CONDITIONS LAID DOWN IN ARTICLE 3 AND THOSE WHICH ARE ACCORDED THE FACILITIES PROVIDED FOR IN ARTICLE 6 ( 2 ) SHALL BE ACCEPTED BY THE CUSTOMS AUTHORITY IMMEDIATELY , IN ACCORDANCE WITH THE PROCEDURES LAID DOWN IN EACH MEMBER STATE .  HOWEVER WHERE , PURSUANT TO THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ) , AN ENTRY HAS BEEN LODGED BEFORE THE GOODS TO WHICH IT RELATES HAVE ARRIVED AT THE CUSTOMS OFFICE OR AT ANOTHER PLACE DESIGNATED BY THE CUSTOMS AUTHORITY , THE ENTRY MAY BE ACCEPTED ONLY AFTER THE GOODS IN QUESTION HAVE BEEN PRESENTED TO THE COMPETENT AUTHORITIES , WITHIN THE MEANING OF ARTICLE 5 ( 2 ) .  2 . THE DATE OF ACCEPTANCE OF THE ENTRY SHALL BE NOTED ON THAT DOCUMENT FOR THE PURPOSE OF DETERMINING THE OPERATIVE DATE FOR THE APPLICATION OF ARTICLE 11 ( 1 ) .  ARTICLE 8  1 . THE DECLARANT SHALL , AT HIS REQUEST , BE AUTHORIZED TO CORRECT ENTRIES ACCEPTED BY THE CUSTOMS AUTHORITY UNDER THE CONDITIONS LAID DOWN IN ARTICLE 7 , AS REGARDS ONE OR MORE OF THE PARTICULARS REFERRED TO IN ARTICLE 3 ( 1 ) , SUBJECT TO THE FOLLOWING :   ( A ) THE CORRECTION SHALL BE REQUESTED BEFORE THE GOODS ARE RELEASED FOR FREE CIRCULATION ;   ( B ) THE CORRECTION MAY NO LONGER BE ALLOWED WHERE THE REQUEST IS MADE AFTER THE CUSTOMS AUTHORITY HAS INFORMED THE DECLARANT THAT IT INTENDS TO EXAMINE THE GOODS OR THAT IT HAS ITSELF ESTABLISHED THAT THE PARTICULARS IN QUESTION ARE INCORRECT ;   ( C ) THE CORRECTION SHALL NOT RESULT IN THE ENTRY APPLYING TO GOODS OTHER THAN THOSE TO WHICH IT ORIGINALLY RELATED .  THE CUSTOMS AUTHORITY MAY ALLOW OR REQUIRE THAT THE CORRECTIONS REFERRED TO IN THE PRECEDING SUBPARAGRAPH BE MADE BY THE LODGING OF A NEW ENTRY INTENDED TO REPLACE THE ORIGINAL ENTRY . IN THAT EVENT , THE DATE FOR DETERMINATION OF THE IMPORT DUTIES AND FOR THE APPLICATION OF ANY OTHER PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION SHALL BE THAT OF THE ACCEPTANCE OF THE ORIGINAL ENTRY .  2 . WHERE THE DECLARANT PROVIDES PROOF , TO THE SATISFACION OF THE COMPETENT AUTHORITIES , THAT GOODS HAVE BEEN ENTERED FOR FREE CIRCULATION BY MISTAKE OR THAT , AS A RESULT OF SPECIAL CIRCUMSTANCES , THE RELEASE OF THE GOODS FOR FREE CIRCULATION IS NO LONGER JUSTIFIED , THE CUSTOMS AUTHORITY SHALL AUTHORIZE CANCELLATION OR INVALIDATON OF THE ENTRY RELATING TO THEM . SUCH AUTHORIZATION MAY BE GIVEN AS LONG AS THE CUSTOMS AUTHORITY HAS NOT RELEASED THE GOODS .  ARTICLE 9  1 . WITHOUT PREJUDICE TO ANY OTHER MEANS OF CONTROL AT ITS DISPOSAL , THE CUSTOMS AUTHORITY MAY EXAMINE ALL OR PART OF THE GOODS ENTERED .  2 . THE GOODS SHALL BE EXAMINED IN THE PLACES DESIGNATED AND DURING THE HOURS APPOINTED FOR THAT PURPOSE .  HOWEVER , THE CUSTOMS AUTHORITY MAY , AT THE REQUEST OF THE DECLARANT , AUTHORIZE THE EXAMINATION OF GOODS IN PLACES OR DURING HOURS OTHER THAN THOSE REFERRED TO ABOVE . ANY COSTS INVOLVED SHALL BE BORNE BY THE DECLARANT .  3 . TRANSPORT OF GOODS TO THE PLACES WHERE THEY ARE TO BE EXAMINED , UNPACKING , REPACKING AND ALL OTHER OPERATIONS NECESSITATED BY SUCH EXAMINATION SHALL BE CARRIED OUT BY THE DECLARANT OR ON HIS RESPONSIBILITY . IN ALL CASES , ANY COSTS INVOLVED SHALL BE BORNE BY THE DECLARANT .  4 . THE DECLARANT SHALL BE ENTITLED TO BE PRESENT AT THE EXAMINATION OF THE GOODS OR TO BE REPRESENTED AT IT . IF THE CUSTOMS AUTHORITY SEES FIT , IT MAY REQUIRE THE DECLARANT TO BE PRESENT AT THE EXAMINATION OF THE GOODS OR TO BE REPRESENTED AT IT IN ORDER TO ASSIST WITH THE EXAMINATION , AS NECESSARY .  5 . WHEN EXAMINING THE GOODS , THE CUSTOMS AUTHORITY MAY TAKE SAMPLES FOR ANALYSIS OR FOR MORE DETAILED EXAMINATION . THE COSTS ARISING FROM SUCH ANALYSIS OR MORE DETAILED EXAMINATION SHALL BE BORNE BY THE ADMINISTRATIVE AUTHORITY .  ARTICLE 10  1 . THE RESULTS OF THE EXAMINATION OF THE ENTRY AND THE DOCUMENTS ATTACHED TO IT , WHETHER OR NOT COMBINED WITH EXAMINATION OF THE GOODS , SHALL BE USED FOR CALCULATING THE IMPORT DUTIES AND FOR APPLYING ANY OTHER PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION . WHERE NEITHER THE ENTRY AND THE DOCUMENTS ATTACHED TO IT , NOR THE GOODS THEMSELVES ARE EXAMINED , SUCH DUTIES SHALL BE CALCULATED AND SUCH PROVISIONS SHALL BE APPLIED ON THE BASIS OF THE PARTICULARS CONTAINED IN THE ENTRY .  2 . PARAGRAPH 1 SHALL BE WITHOUT PREJUDICE TO EITHER ANY SUBSEQUENT VERIFICATION BY THE COMPETENT AUTHORITIES OF THE MEMBER STATE IN WHICH THE GOODS HAVE BEEN RELEASED FOR FREE CIRCULATION OR THE POSSIBLE CONSEQUENCES OF APPLYING THE PROVISIONS IN FORCE , PARTICULARLY AS REGARDS ANY CHANGE IN THE AMOUNT OF IMPORT DUTY CHARGED ON THESE GOODS .  ARTICLE 11  1 . WITHOUT PREJUDICE TO SPECIAL RULES APPLICABLE UNDER GENERAL OR SPECIFIC COMMUNITY LEGISLATION , AND SUBJECT TO PARAGRAPH 2 , IMPORT DUTIES SHALL BE LEVIED IN ACCORDANCE WITH THE RATES AND AMOUNTS IN FORCE AT THE DATE OF ACCEPTANCE OF THE ENTRY . WITHOUT PREJUDICE TO THE SAID SPECIAL RULES , THAT SAME DATE SHALL BE THE OPERATIVE DATE FOR DETERMINING OTHER PARTICULARS MATERIAL TO THE CALCULATION OF DUTY ON THE GOODS AND FOR APPLYING ANY OTHER PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION .  2 . IN AS MUCH AS THE IMPORT DUTY PAYABLE ON GOODS IS A CUSTOMS DUTY , WHERE THE RATE OF THIS CUSTOMS DUTY IS REDUCED AFTER THE DATE OF ACCEPTANCE OF THE ENTRY BUT BEFORE THE RELEASE OF THE GOODS FOR FREE CIRCULATION HAS BEEN AUTHORIZED BY THE CUSTOMS AUTHORITY , THE DECLARANT MAY CLAIM THE APPLICATION OF THE MOST FAVOURABLE RATE .  THE PRECEDING SUBPARAGRAPH SHALL NOT APPLY TO GOODS WHICH THE CUSTOMS AUTHORITY HAS BEEN UNABLE TO RELEASE FOR FREE CIRCULATION FOR REASONS ATTRIBUTABLE SOLELY TO THE DECLARANT .  ARTICLE 12  WITHOUT PREJUDICE TO ANY CHANGES WHICH MAY OCCUR PURSUANT TO ARTICLE 10 ( 2 ) , THE AMOUNT OF THE IMPORT DUTIES DETERMINED BY THE COMPETENT AUTHORITIES SHALL BE ENTERED IN THE ACCOUNTS BY THE LATTER UNDER THE PROCEDURE LAID DOWN FOR THAT PURPOSE AND SHALL BE COMMUNICATED TO THE DECLARANT .  ARTICLE 13  1 . WITHOUT PREJUDICE TO ANY PROHIBITIVE OR RESTRICTIVE MEASURES PROVIDED FOR IN RESPECT OF THE GOODS , THE CUSTOMS AUTHORITY MAY RELEASE THE GOODS FOR FREE CIRCULATION ONLY WHEN THE IMPORT DUTIES HAVE BEEN PAID OR GUARANTEED OR PAYMENT OF THEM HAS BEEN DEFERRED UNDER THE CONDITIONS LAID DOWN IN DIRECTIVE 78/453/EEC .  2 . THE CUSTOMS AUTHORITY ITSELF SHALL DETERMINE THE FORM IN WHICH IT RELEASES GOODS , TAKING DUE ACCOUNT OF THE PLACE IN WHICH THE SAID GOODS ARE LOCATED AND OF THE SPECIAL PRECEDURES FOR THEIR CONTROL .  3 . UNTIL RELEASED FOR FREE CIRCULATION , GOODS MAY NOT BE MOVED FROM WHERE THEY ARE , OR HANDLED IN ANY WAY WHATSOEVER , WITHOUT THE AUTHORIZATION OF THE CUSTOMS AUTHORITY .  ARTICLE 14  1 . THE DECLARANT MAY BE AUTHORIZED BY THE CUSTOMS AUTHORITY , BEFORE THE GOODS HAVE BEEN RELEASED FOR FREE CIRCULATION :   - EITHER TO SURRENDER THE GOODS FREE OF CHARGE TO THE EXCHEQUER , IF SUCH A POSSIBILITY IS PROVIDED FOR UNDER NATIONAL REGULATIONS ,   - OR TO DESTROY THEM UNDER THE SUPERVISION OF THE CUSTOMS AUTHORITY ; ANY COSTS INCURRED BY SUCH DESTRUCTION SHALL BE BORNE BY THE DECLARANT .  2 . WHERE GOODS ARE SURRENDERED TO THE EXCHEQUER OR DESTROYED UNDER THE SUPERVISION OF THE CUSTOMS AUTHORITY , THE DECLARANT SHALL NOT BE REQUIRED TO PAY THE IMPORT DUTIES .  3 . THE RELEASE FOR FREE CIRCULATION OF ANY WASTE OR SCRAP RESULTING FROM THE DESTRUCTION OF THE GOODS SHALL BE EFFECTED ON THE BASIS OF THE IMPORT DUTY AND OTHER PARTICULARS MATERIAL TO THE CALCULATION OF DUTY APPLICABLE TO IT , AS RECOGNIZED OR ACCEPTED BY THE CUSTOMS AUTHORITY ON THE DATE OF DESTRUCTION .  ARTICLE 15  1 . THE CUSTOMS AUTHORITY SHALL TAKE ANY MEASURES NECESSARY , INCLUDING THE SALE OF GOODS , TO DEAL WITH GOODS WHICH HAVE NOT BEEN RELEASED :   ( A ) EITHER BECAUSE IT HAS NOT BEEN POSSIBLE TO UNDERTAKE OR CONTINUE THE EXAMINATION WITHIN THE REQUIRED TIME LIMITS FOR REASONS ATTRIBUTABLE TO THE DECLARANT ;   ( B ) OR BECAUSE THE DOCUMENTS WHICH MUST BE SUBMITTED BEFORE THEIR RELEASE FOR FREE CIRCULATION HAVE NOT BEEN PRODUCED ;   ( C ) OR BECAUSE THE IMPORT DUTIES HAVE NOT BEEN PAID OR GUARANTEED WITHIN THE REQUIRED TIME LIMITS .  2 . IF NECESSARY , THE CUSTOMS AUTHORITY MAY ARRANGE FOR GOODS IN THE SITUATIONS REFERRED TO IN PARAGRAPH 1 TO BE DESTROYED .  THE RELEASE FOR FREE CIRCULATION OF ANY WASTE OR SCRAP RESULTING FROM THE DESTRUCTION OF SUCH GOODS SHALL BE EFFECTED ON THE BASIS OF THE IMPORT DUTY AND OTHER PARTICULARS MATERIAL TO THE CALCULATION OF DUTY APPLICABLE TO IT , AS RECOGNIZED OR ACCEPTED BY THE CUSTOMS AUTHORITY ON THE DATE OF DESTRUCTION .  3 . IF THE CUSTOMS AUTHORITY ARRANGES FOR THE GOODS TO BE SOLD , THIS SHALL BE DONE IN ACCORDANCE WITH THE PROCEDURES IN FORCE IN THE MEMBER STATES . THE CONDITIONS UNDER WHICH GOODS SOLD ARE RELEASED FOR FREE CIRCULATION SHALL BE DEFINED UNDER THE PROCEDURE LAID DOWN IN ARTICLE 26 ( 2 ) AND ( 3 ) .  TITLE II  SPECIAL PROCEDURES  ARTICLE 16  1 . FROM 1 JANUARY 1984 AT THE LATEST , MEMBER STATES SHALL NO LONGER APPLY SPECIAL PROCEDURES OTHER THAN THOSE LAID DOWN IN ARTICLES 17 TO 22 .  THEY SHALL APPLY FROM THAT DATE ALL SUCH SPECIAL PROCEDURES LAID DOWN IN ARTICLES 17 TO 22 IN SO FAR AS THEIR ADMINISTRATIVE ORGANIZATION ALLOWS IT .  2 . THE CONDITIONS TO BE FULFILLED BY THE PERSON CONCERNED IN ORDER TO OBTAIN AUTHORIZATION TO USE ONE OR OTHER OF THE SPECIAL PROCEDURES LAID DOWN IN ARTICLES 17 TO 22 , AND THE PRACTICE FOR THE OPERATION OF THESE PROCEDURES , SHALL BE DETERMINED BY THE COMPETENT AUTHORITIES .  THE SAID AUTHORIZATION MAY BE LIMITED TO CERTAIN GOODS . IT MAY BE GRANTED ON AN OCCASIONAL OR A PERMANENT BASIS . IT MAY BE REVOKED .  3 . SAVE AS OTHERWISE PROVIDED IN ARTICLES 17 TO 22 , TITLE I SHALL APPLY TO THE SPECIAL PROCEDURES LAID DOWN IN THESE ARTICLES .  A . EXEMPTION FROM WRITTEN ENTRIES  ARTICLE 17  WITHOUT PREJUDICE TO THE SPECIAL PROVISIONS LAID DOWN IN RESPECT OF CONSIGNMENTS SENT BY PARCEL OR LETTER POST , THE COMPETENT AUTHORITIES MAY SPECIFY THAT :   ( A ) LODGING OF ENTRY REFERRED TO IN ARTICLE 2 IS NOT REQUIRED FOR THE RELEASE FOR FREE CIRCULATION OF GOODS PREVIOUSLY INTRODUCED UNDER THE INWARD PROCESSING ARRANGEMENTS ;   ( B ) A WRITTEN ENTRY IS UNNECESSARY FOR GOODS IMPORTED FOR NON-COMMERCIAL PURPOSES , AND GOODS OF LOW VALUE , INCLUDING GHOSE CONTAINED IN TRAVELLERS " PERSONAL LUGGAGE .  B . DRAWING UP OF GENERAL , PERIODIC OR RECAPITULATIVE ENTRIES  ARTICLE 18  1 . WITHOUT PREJUDICE TO ARTICLE 21 , THE COMPETENT AUTHORITIES MAY AUTHORIZE THE DECLARANT TO FURNISH OR TO INSERT AT A LATER DATE CERTAIN PARTICULARS OF THE ENTRY IN THE FORM OF SUPPLEMENTARY ENTRIES OF A GENERAL , PERIODIC OR RECAPITULATIVE NATURE .  2 . STATEMENTS MADE IN SUPPLEMENTARY ENTRIES , TOGETHER WITH STATEMENTS MADE IN THE ENTRIES TO WHICH THEY REFER , SHALL BE DEEMED TO CONSTITUTE A SINGLE , INDIVISIBLE INSTRUMENT TAKING EFFECT AT THE DATE ON WHICH THE CORRESPONDING INITIAL ENTRY WAS ACCEPTED .  3 . THE COMPETENT AUTHORITIES MAY MAKE THE GRANTING OF THE FACILITIES PROVIDED FOR IN THIS ARTICLE CONDITIONAL UPON THE LODGING OF SECURITY , THE NATURE AND AMOUNT OF WHICH IT SHALL DETERMINE .  4 . THE INITIAL ENTRIES RELATING TO EACH BATCH OF GOODS MUST IN ALL CASES CONTAIN THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS IN QUESTION .  C . RELEASE OF GOODS BEFORE LODGING OF ENTRY  ARTICLE 19  1 . WHERE THE CIRCUMSTANCES SO JUSTIFY , THE COMPETENT AUTHORITIES MAY AUTHORIZE RELEASE OF GOODS AS SOON AS THEY HAVE BEEN PRODUCED , WITHIN THE MEANING OF ARTICLE 5 ( 2 ) , AT THE CUSTOMS OFFICE DESIGNATED FOR THAT PURPOSE AND WITHOUT THE ENTRY REFERRED TO IN ARTICLE 3 HAVING BEEN LODGED .  2 . THE RELEASE OF GOODS SHALL BE CONDITIONAL ON THE PRESENTATION AT THE COMPETENT CUSTOMS OFFICE OF A COMMERCIAL OR ADMINISTRATIVE DOCUMENT , AT THE DISCRETION OF THAT OFFICE , CONTAINING THE PARTICULARS NECESSARY FOR THE IDENTIFICATION OF THE GOODS AND ACCOMPANIED BY A REQUEST , SIGNED BY THE PERSON CONCERNED , FOR RELEASE FOR FREE CIRCULATION .  WHERE THE RELEASE OF A PARTICULAR TYPE OF GOODS FOR FREE CIRCULATION IS SUBJECT TO THE PRESENTATION OF ANY OTHER DOCUMENT , THAT DOCUMENT SHALL ACCOMPANY THE SAID COMMERCIAL OR ADMINISTRATIVE DOCUMENT .  ACCEPTANCE BY THE CUSTOMS OFFICE OF THAT COMMERCIAL OR ADMINISTRATIVE DOCUMENT SHALL HAVE THE SAME FORCE IN LAW AS ACCEPTANCE OF THE ENTRY REFERRED TO IN ARTICLE 3 .  3 . THE CUSTOMS AUTHORITY MAY , IF IT CONSIDERS IT NECESSARY , MAKE RELEASE OF THE GOODS CONDITIONAL ON THEIR EXAMINATION BASED ON THE PARTICULARS CONTAINED IN THE COMMERCIAL OR ADMINISTRATIVE DOCUMENT REFERRED TO IN PARAGRAPH 2 .  4 . THE ENTRY RELATING TO GOODS COVERED BY THE AUTHORIZATION REFERRED TO IN PARAGRAPH 1 SHALL BE LODGED AT THE COMPETENT CUSTOMS OFFICE WITHIN THE TIME LIMITS LAID DOWN BY THE COMPETENT AUTHORITIES .  FOR THE PURPOSE OF APPLYING ARTICLE 11 ( 1 ) , THIS ENTRY SHALL TAKE EFFECT ON THE DATE ON WHICH THE CUSTOMS AUTHORITY ACCEPTS THE COMMERCIAL OR ADMINISTRATIVE DOCUMENT REFERRED TO IN PARAGRAPH 2 .  5 . WITHOUT PREJUDICE TO ARTICLE 21 , THE CUSTOMS AUTHORITY MAY ALLOW THE LODGING OF GENERAL , PERIODIC OR RECAPITULATIVE ENTRIES FOR THE GOODS . SUCH ENTRIES SHALL TAKE EFFECT ON THE DATE ON WHICH THAT AUTHORITY ACCEPTED THE COMMERCIAL OR ADMINISTRATIVE DOCUMENT REFERRED TO IN PARAGRAPH 2 .  6 . THIS ARTICLE SHALL NOT PRECLUDE THE EXERCISE BY THE CUSTOMS AUTHORITY OF ANY CONTROLS WHICH IT CONSIDERS NECESSARY IN ORDER TO ENSURE THAT THE PROCEDURES ARE CORRECTLY CARRIED OUT .  7 . THE COMPETENT AUTHORITIES MAY MAKE THE GRANTING OF THE FACILITIES PROVIDED FOR IN THIS ARTICLE SUBJECT TO THE LODGING OF SECURITY , THE NATURE AND AMOUNT OF WHICH THEY SHALL DETERMINE .  ARTICLE 20  1 . THE COMPETENT AUTHORITIES MAY AUTHORIZE NATURAL OR LEGAL PERSONS WHO FREQUENTLY PRESENT GOODS FOR RELEASE FOR FREE CIRCULATION TO RECEIVE THE GOODS DIRECTLY AFTER THEY HAVE BEEN CONVEYED TO A CUSTOMS OFFICE , WITHIN THE MEANING OF ARTICLE 2 OF DIRECTIVE 68/312/EEC , INTO A PLACE DESIGNATED FOR THAT PURPOSE SO AS TO OBTAIN THEIR RELEASE WITHOUT FIRST LODGING AN ENTRY REFERRED TO IN ARTICLE 3 IN THE COMPETENT CUSTOMS OFFICE .  2 . UPON ARRIVAL OF THE GOODS AT THE PLACE DESIGNATED FOR THAT PURPOSE , THE AUTHORIZED PERSON REFERRED TO IN PARAGRAPH 1 SHALL :   ( A ) DULY NOTIFY THE COMPETENT AUTHORITIES OF THIS ARRIVAL IN THE FORM AND MANNER LAID DOWN BY THEM FOR THE PURPOSE OF OBTAINING RELEASE OF THE GOODS ;   ( B ) ENTER THE SAID GOODS IN HIS RECORDS . THIS SHALL BE DONE IN THE FORM AND MANNER LAID DOWN BY THE COMPETENT AUTHORITIES . THIS ENTRY SHALL INCLUDE THE DATE OF ENTRY IN THE RECORDS AND THE PARTICULARS NECESSARY FOR IDENTIFICATION OF THE GOODS ;   ( C ) MAKE AVAILABLE TO THE COMPETENT AUTHORITIES ALL DOCUMENTS , THE PRODUCTION OF WHICH MAY BE REQUIRED FOR THE APPLICATION OF THE COMMUNITY PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION .  COMPLETION OF THE FORMALITIES REFERRED TO IN SUBPARAGRAPHS ( A ) AND ( B ) SHALL HAVE THE SAME FORCE IN LAW AS ACCEPTANCE OF THE ENTRY REFERRED TO IN ARTICLE 3 .  3 . PROVIDED THAT CHECKING ON THE REGULARITY OF TRANSACTIONS IS NOT THEREBY AFFECTED , THE COMPETENT AUTHORITIES MAY :   ( A ) INSTEAD OF REQUIRING THE AUTHORIZED PERSON TO WAIT FOR THE ACTUAL ARRIVAL OF THE GOODS BEFORE NOTIFYING THE COMPETENT CUSTOMS OFFICE THEREOF , PERMIT HIM TO INFORM THAT OFFICE OF THEIR ARRIVAL AS SOON AS IT BECOMES IMMINENT ;   ( B ) IN CERTAIN SPECIAL CIRCUMSTANCES JUSTIFIED BY THE NATURE OF THE GOODS IN QUESTION AND THE INCREASED RATE OF IMPORTATIONS , EXEMPT THE AUTHORIZED PERSON FROM THE OBLIGATION TO NOTIFY THE COMPETENT CUSTOMS OFFICE OF EACH ARRIVAL OF GOODS , ON CONDITION THAT HE PROVIDES THAT OFFICE WITH ALL THE INFORMATION WHICH IT DEEMS NECESSARY TO ENABLE IT TO EXERCISE , WHERE APPROPRIATE , ITS RIGHT TO EXAMINE THE GOODS . IN THAT CASE , ENTRY OF THE GOODS IN THE RECORDS OF THE PERSON CONCERNED SHALL BE EQUIVALENT TO THEIR RELEASE .  4 . WHERE THE COMPETENT CUSTOMS OFFICE DECIDES TO EXAMINE THE GOODS , SUCH EXAMINATION SHALL TAKE PLACE ON THE BASIS OF THE PARTICULARS CONTAINED IN THE RECORDS OF THE PERSON CONCERNED .  5 . THE ENTRY RELATING TO THE GOODS WHICH ARE THE SUBJECT OF THE AUTHORIZATION REFERRED TO IN PARAGRAPH 1 SHALL BE LODGED AT THE COMPETENT CUSTOMS OFFICE WITHIN THE TIME LIMITS FIXED BY THE COMPETENT AUTHORITIES .  FOR THE PURPOSE OF APPLYING ARTICLE 11 ( 1 ) , THIS ENTRY SHALL TAKE EFFECT ON THE DATE ON WHICH THE GOODS ARE ENTERED IN THE RECORDS OF THE PERSON CONCERNED .  6 . ARTICLE 19 ( 5 ) , ( 6 ) AND ( 7 ) SHALL ALSO APPLY WHERE THE PROVISIONS OF THIS ARTICLE ARE INVOKED .  7 . THE ENTRY OF THE GOODS IN THE RECORDS OF THE PERSON CONCERNED , AS PROVIDED FOR IN PARAGRAPH 2 ( B ) , MAY BE REPLACED BY ANY OTHER FORMALITY OFFERING SIMILAR GUARANTEES WHICH MAY BE LAID DOWN BY THE COMPETENT AUTHORITIES .  D . REPLACEMENT OF ALL OR PART OF THE PARTICULARS OF THE ENTRY BY CODIFIED DATA  ARTICLE 21  1 . THE COMPETENT AUTHORITIES MAY AUTHORIZE THE DECLARANT TO REPLACE ALL OR PART OF THE PARTICULARS OF THE WRITTEN ENTRY REFERRED TO IN ARTICLE 3 BY SENDING TO THE CUSTOMS OFFICE DESIGNATED FOR THAT PURPOSE , WITH A VIEW TO THEIR PROCESSING BY COMPUTER , CODIFIED DATA , OR DATA MADE OUT IN ANY OTHER FORM SPECIFIED BY THOSE AUTHORITIES , CORRESPONDING TO THE PARTICULARS REQUIRED FOR WRITTEN ENTRIES .  2 . THE COMPETENT AUTHORITIES SHALL DETERMINE THE CONDITIONS UNDER WHICH THE DATA REFERRED TO IN PARAGRAPH 1 ARE TO BE SENT .  3 . THIS ARTICLE SHALL NOT PRECLUDE THE EXERCISE BY THE CUSTOMS AUTHORITY OF ANY CONTROLS WHICH IT CONSIDERS NECESSARY IN ORDER TO ENSURE THAT THE PROCEDURES ARE CORRECTLY CARRIED OUT .  E . ASSESSMENT OF COMPOSITE CONSIGNMENTS  ARTICLE 22  1 . WHERE A SINGLE CONSIGNMENT IS MADE UP OF GOODS COMING UNDER SEVERAL TARIFF HEADINGS , AND WHERE DEALING WITH EACH TYPE OF GOODS WOULD INVOLVE A BURDEN OF WORK AND EXPENSE DISPROPORTIONATE TO THE IMPORT DUTY CHARGEABLE THEREON , THE COMPETENT AUTHORITIES MAY , AT THE REQUEST OF THE DECLARANT , AGREE THAT THE WHOLE CONSIGNMENT BE ASSESSED AT THE RATE APPLICABLE TO WHICHEVER TYPE OF GOODS IS SUBJECT TO THE HIGHEST RATE OF IMPORT DUTY .  2 . THE GRANTING OF THE FACILITY PROVIDED FOR IN PARAGRAPH 1 SHALL IN NO WAY AFFECT THE OBLIGATIONS OF THE DECLARANT AS REGARDS THE COMPILING OF STATISTICS UNDER THE CONDITIONS PROVIDED FOR IN COUNCIL REGULATION ( EEC ) NO 1736/75 OF 24 JUNE 1975 ON THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES ( 6 ) AND THE APPLICATION OF THE OTHER PROVISIONS GOVERNING THE RELEASE OF GOODS FOR FREE CIRCULATION .  3 . THE FACILITY PROVIDED FOR IN PARAGRAPH 1 MAY BE GRANTED AS A GENERAL AUTHORIZATION TO A DECLARANT FOR CONSIGNMENTS MADE UP OF THE SAME TYPE OF GOODS WHICH HE ENTERS ON A REGULAR BASIS FOR RELEASE FOR FREE CIRCULATION .  4 . THE PARTICULARS TO BE INCLUDED IN THE ENTRY RELATING TO THE GOODS TO WHICH THIS ARTICLE APPLIES SHALL BE DEFINED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 26 ( 2 ) AND ( 3 ) .  TITLE III  FINAL PROVISIONS  ARTICLE 23  WHERE GOODS ENTERED FOR FREE CIRCULATION ARE NOT SIMULTANEOUSLY ENTERED FOR HOME USE IN A MEMBER STATE , THE COMPETENT AUTHORITIES OF THAT MEMBER STATE SHALL TAKE ALL MEASURES NECESSARY TO ENSURE FREE CIRCULATION OF THE GOODS WITHIN THE COMMUNITY .  TO THIS END , GOODS WHICH ARE IN FREE CIRCULATION MAY BE PLACED UNDER A CUSTOMS PROCEDURE ENSURING OBSERVANCE OF THE NATIONAL PROVISIONS GOVERNING THE RELEASE OF GOODS FOR HOME USE . WHERE THEY ARE INTENDED TO BE TRANSPORTED IMMEDIATELY TO ANOTHER MEMBER STATE , THEY SHALL BE PLACED UNDER A CUSTOMS PROCEDURE WHICH ENSURES THEIR FREE CIRCULATION WITHIN THE COMMUNITY .  ARTICLE 24  1 . A COMMITTEE ON GENERAL CUSTOMS RULES , HEREINAFTER REFERRED TO AS " THE COMMITTEE " , IS HEREBY SET UP . IT SHALL BE COMPOSED OF REPRESENTATIVES OF THE MEMBER STATES , WITH A REPRESENTATIVE OF THE COMMISSION AS CHAIRMAN .  2 . THE COMMITTEE SHALL ADOPT ITS RULES OF PROCEDURE .  ARTICLE 25  THE COMMITTEE MAY EXAMINE ANY QUESTION CONCERNING THE APPLICATION OF THIS DIRECTIVE WHICH IS RAISED BY ITS CHAIRMAN EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF A REPRESENTATIVE OF A MEMBER STATE .  ARTICLE 26  1 . THE PROVISIONS REQUIRED FOR APPLYING ARTICLES 3 , 4 , 6 AND 8 , ARTICLE 9 ( 1 ) , ( 4 ) AND ( 5 ) , ARTICLE 10  ( 1 ) , ARTICLE 11 ( 2 ) , ARTICLES 13 AND 14 , ARTICLE 15  ( 1 ) AND ARTICLES 18 TO 22 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPHS 2 AND 3 .  2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE PROVISIONS TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON THE DRAFT WITHIN A TIME LIMIT SET BY THE CHAIRMAN HAVING REGARD TO THE URGENCY OF THE MATTER . OPINIONS SHALL BE DELIVERED BY A MAJORITY OF 41 VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED IN ACCORDANCE WITH ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .  3 . WHERE THE PROVISIONS ENVISAGED ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , THE COMMISSION SHALL ADOPT THEM .  WHERE THE PROVISIONS ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IF NO OPINION IS DELIVERED , THE COMMISSION SHALL WITHOUT DELAY SUBMIT TO THE COUNCIL A PROPOSAL ON THE PROVISIONS TO BE ADOPTED . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .  IF WITHIN THREE MONTHS OF SUBMISSION OF THE PROPOSAL THE COUNCIL HAS NOT ACTED , THE PROPOSED PROVISIONS SHALL BE ADOPTED BY THE COMMISSION .  ARTICLE 27  1 . MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE NOT LATER THAN SIX MONTHS AFTER THE DATE OF PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES OF THE REGULATION LAYING DOWN THE CONDITIONS UNDER WHICH A PERSON IS PERMITTED TO MAKE A CUSTOMS ENTRY .  HOWEVER , IF THE SAID DATE OF PUBLICATION IS PRIOR TO 1 JANUARY 1981 , MEMBER STATES MAY POSTPONE THE IMPLEMENTATION OF THE SAID MEASURES UNTIL 1 JULY 1981 .  MEMBER STATES MAY POSTPONE THE EFFECTIVE IMPLEMENTATION OF ARTICLES 17 TO 22 UNTIL 1 JANUARY 1984 .  2 . EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE MEASURES WHICH IT TAKES FOR THE IMPLEMENTATION OF THIS DIRECTIVE . THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 28  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 24 JULY 1979 .  FOR THE COUNCIL  THE PRESIDENT  M . O'KENNEDY  ( 1 ) OJ NO C 14 , 15 . 2 . 1974 , P . 45 .  ( 2 ) OJ NO C 85 , 18 . 7 . 1974 , P . 24 .  ( 3 ) OJ NO C 125 , 16 . 10 . 1974 , P . 10 .  ( 4 ) OJ NO L 194 , 6 . 8 . 1968 , P . 13 .  ( 5 ) OJ NO L 146 , 2 . 6 . 1978 , P . 19 .  ( 6 ) OJ NO L 183 , 14 . 7 . 1975 , P . 3 .


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31993L0031

Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles

Official Journal L 188 , 29/07/1993 P. 0019 - 0027 Finnish special edition: Chapter 7 Volume 4 P. 0225  Swedish special edition: Chapter 7 Volume 4 P. 0225

COUNCIL DIRECTIVE 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehiclesTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof;  Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles (1),  Having regard to the proposal from the Commission (2),  In cooperation with the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  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 measures required for that purpose need to be adopted;  Whereas, with regard to their stands, in each Member State two-wheel motor vehicles must display certain technical characteristics laid down by mandatory provisions which differ from one Member State to another; whereas, as a result of their  differences, such provisions constitute a barrier to trade within the Community;  Whereas these obstacles to the operation of the internal market may be removed if the same requirements are adopted by all Member States in place of their national rules;.  Whereas it is necessary to draw up harmonized requirements relating to stands for two-wheel motor vehicles in order to enable the type-approval and component type-approval procedures laid down in Directive 92/61/EEC to be applied for each type of such  vehicle;  Whereas, given the scale and impact of the action proposed in the sector in question, the Community measures covered by this Directive are necessary, indeed essential, to achieve the aim in view, which is to establish Community vehicle type-approval;  whereas that aim cannot be adequately achieved by the Member States individually,  HAS ADOPTED THIS DIRECTIVE:  Article 1  This Directive and its Annex apply to stands for all types of two-wheel vehicle as defined in Article 1 of Directive 92/61/EEC.  Article 2  The procedure for the granting of component type-approval in respect of the stand for a type of two-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Chapters II and III of Directive 92/61/EEC.   Article 3  Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC (5).  Article 4  1. Member States shall adopt and publish the provisions necessary to comply with this Directive not later than 14 December 1994. They shall forthwith inform the Commission thereof.  When the Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the  Member States.  From the date mentioned in the first subparagraph Member States may not, for reasons connected with stands, prohibit the initial entry into service of vehicles which conform to this Directive.  They shall apply the provisions referred to in the first subparagraph as from 14 June 1995.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.  Article 5  This Directive is addressed to the Member States.  Done at Luxembourg, 14 June 1993.  For the Council The President J. TROEJBORG (1) OJ No L 225, 10. 8. 1992, p. 72.(2) OJ No C 293, 9. 11. 1992, p. 23.(3) OJ No C 337, 21. 12. 1992, p. 103 and OJ No C 150, 31. 5. 1993.(4) OJ No C 73, 15. 3. 1993, p. 22.(5) OJ No L 42, 23. 2. 1970, p. 1, as last amended by Directive  92/53/EEC (OJ No L 225, 10. 8. 1992, p. 1).   ANNEX  1. DEFINITIONS For the purposes of this Directive:  1.1. 'stand' means a device that is firmly attached to the vehicle and is able to maintain the vehicle in its vertical (or almost vertical) parking position when left unattended by its driver;  1.2. 'prop stand' means a stand which, when extended or swung into the open position, supports the vehicle on one side only, while leaving both wheels in contact with the supporting surface;  1.3. 'centre stand' means a stand which, when swung into the open position supports the vehicle by providing one or several areas of contact between the vehicle and the supporting surface either side of the median longitudinal plane of the vehicle;  1.4. 'transverse tilt (tt)' means the gradient, expressed as a percentage, of the actual supporting surface, the intersection of the median longitudinal plane of the vehicle and the supporting surface being perpendicular to the line of maximum gradient  (figure 1);  1.5. 'longitudinal tilt (lt)' means the gradient, expressed as a percentage, of the actual supporting surface, the median longitudinal plane of the vehicle being parallel to the line of maximum gradient (figure 2);  1.6. 'median longitudinal plane of the vehicle' means the longitudinal plane of symmetry of the rear wheel of the vehicle.  2. GENERAL 2.1. All two-wheel vehicles shall be fitted with at least one stand in order to keep them steady when stationary (e.g. when parked) but not held in a static position by a person or external means. Twin-wheel vehicles need not be fitted with stands but  must meet the requirements set out in 6.2.2 when in a parking position (parking brake applied).  2.2. The stand must be of either a prop or a centre type, or both.  2.3. Where the stand swivels about the lower part of or below the vehicle the outer edge(s) of that stand must swing to the rear of the vehicle in order to attain the closed or travelling position.  3. GENERAL SPECIFICATIONS 3.1. Prop stands 3.1.1. Prop stands must:  3.1.1.1. be able to support the vehicle in such a way as to provide its lateral stability whether the vehicle is on a horizontal supporting surface or on a slope in order to prevent its leaning further too easily (and in so doing does not rotate about  the point of support provided by the prop stand) or is moved too easily into a vertical position and beyond (and in so doing does not swing over to the side opposite the prop stand);  3.1.1.2. be able to support the vehicle in such a way as to maintain stability when the vehicle is parked on a slope in accordance with section 6.2.2;  3.1.1.3. be able to swing back automatically into the retracted or travelling position:  3.1.1.3.1. when the vehicle returns to its normal (vertical) driving position; or 3.1.1.3.2. when the vehicle moves forward as a result of deliberate action by the driver following the first contact of the prop stand with the ground;  3.1.1.4. notwithstanding the requirements set out in section 3.1.1.3, be designed and constructed in such a way that they do not close automatically if the angle of lean is altered unexpectedly (for example, if the vehicle is pushed lightly by a third  party or by a gust of wind arising from the passage of a vehicle):  3.1.1.4.1. once in the extended or parking position;  3.1.1.4.2. the vehicle being leaned in order to bring the outer extremity of the prop stand into contact with the ground;  3.1.1.4.3. the vehicle being left unattended in its parking position.  3.1.2. The requirements set out in section 3.1.1.3 do not apply if the vehicle is designed in such a way that it cannot be propelled by its engine when the prop stand is extended.  3.2. Centre stands 3.2.1. Centre stands must:  3.2.1.1. be able to support the vehicle with either one or both wheels in contact with the supporting surface or without any of the wheels being in contact with that surface in such a way as to confer stability on that vehicle:  3.2.1.1.1. on a horizontal supporting surface;  3.2.1.1.2. in a leaning position;  3.2.1.1.3. on a slope in accordance with section 6.2.2;  3.2.1.2. be able to fold backwards automatically into its retracted or travelling position:  3.2.1.2.1. when the vehicle moves forward in such a way as to raise the centre stand from the supporting surface.  3.2.2. The requirements set out in section 3.2.1.2 do not apply if the vehicle is designed in such a way that it cannot be propelled by its engine when the centre stand is extended.  4. OTHER REQUIREMENTS 4.1. Moreover, vehicles may be fitted with a tell-tale that is clearly visible to the rider when seated in the driving position and which, when the ignition is switched on, lights up and remains so until the stand is in its retracted or travelling  position.  4.2. All stands shall be provided with a retention system which holds them in the retracted or travelling position. That system may consist of either:  - two independent devices such as two separate springs or one spring and one retaining device such as a clip,  or - a single device which must be able to operate without failing for at least - 10 000 normal-use cycles if the vehicle has been fitted with two stands,  or - 15 000 normal-use cycles if the vehicle is fitted with only one stand.  5. STABILITY TESTS 5.1. The following tests must be carried out in order to determine the capacity for holding the vehicle in a stable condition as specified in sections 3 and 4:  5.2. State of the vehicle 5.2.1. The vehicle must be submitted at its kerb mass.  5.2.2. The tyres must be inflated to a pressure recommended by their manufacturer for that state.  5.2.3. The transmission must be in neutral or, in the case of an automatic transmission, in the 'parking' position where such exists.  5.2.4. If the vehicle is fitted with a parking brake, it must be applied.  5.2.5. The steering shall be locked in position. If the steering is able to be locked when it is turned to either the left or the right the tests must be carried out in both positions.  5.3. Test pad 5.3.1. A flat, horizontal pad having a hard surface that is dry and free from grains of sand may be used for the tests referred to in section 6.1.  5.4. Test equipment 5.4.1. A parking platform must be used for the tests referred to in section 6.2.  5.4.2. The parking platform must have a rigid, flat, rectangular surface which is able to support the vehicle without perceptible flexing.  5.4.3. The surface of the parking platform must possess sufficient anti-skid properties to prevent the vehicle from sliding across the supporting surface during the tilt or lean tests.  5.4.4. The parking platform shall be designed in such a way as to be able to assume at least the transverse tilt (TT) and the longitudinal tilt (LT) required by section 6.2.2.  6. TEST PROCEDURES 6.1. Stability on a horizontal supporting surface (test for section 3.1.1.4).  6.1.1. With the vehicle on the test pad the prop stand is extended or moved into the parking position and the vehicle is brought to rest upon it.  6.1.2. The vehicle is moved in order to increase by three degrees the angle formed by the median longitudinal plane and the supporting surface (by moving the vehicle towards the vertical).  6.1.3. This movement must not cause the prop stand to return automatically to its retracted or travelling position.  6.2. Stability on an inclined surface (tests associated with sections 3.1.1.1, 3.1.1.2, 3.2.1.1.2, 3.2.1.1.3).  6.2.1. The vehicle is placed on the parking platform with the prop stand and, separately, the centre stand in the extended or parking position and the vehicle is allowed to rest on the stand.  6.2.2. The parking platform is shifted to its minimum transverse tilt (TT) and then to its minimum longitudinal tilt (LT) in accordance with the following table:  See figures 1a, 1b and 2 below.  6.2.3. Where a vehicle on an tilted parking platform rests on the centre stand and just one wheel and may be maintained in that position with the centre stand and either the front or the rear wheel in contact with the supporting surface, the tests  described above must be conducted solely with the vehicle resting on the centre stand and rear wheel provided that the other requirements set out in this section are met.  6.2.4. The vehicle must remain stable when the parking platform is tilted by each of the required amounts and the above requirements have duly been met.  6.2.5. Alternatively the parking platform may be tilted by the required amounts before the vehicle is moved into position.  Appendix 1  Information document in respect of stands for a type of two-wheel motor vehicle (to be attached to the application for component type-approval where this is submitted independently of the application for vehicle type-approval) Order No (assigned by the applicant): .  The application for component type-approval in respect of stands for a type of two-wheel motor vehicle must contain the information set out under the following points in Annex II to Council Directive 92/61/EEC - Part A, sections:  - 0.1 - 0.2 - 0.4 to 0.6 - 2.1 - 2.1.1;  - Part B, sections:  - 1.3.1.  Appendix 2  Name of administration Component type-approval certificate in respect of stands for a type of two-wheel motor vehicle MODEL Report No . by technical service . date .  Component type-approval No: . Extension No: .  1. Trade mark or name of vehicle: .  2. Type of vehicle: .  3. Name and address of manufacturer: .  .  4. Name and address of manufacturer's representative (if any): .  .  5. Date vehicle submitted for test: .  6. Component type-approval granted/refused (1):  7. Place: .  8. Date: .  9. Signature: .  (1) Delete as appropriate.


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31993L0035

Council Directive 93/35/EEC of 14 June 1993 amending for the sixth time Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products

Official Journal L 151 , 23/06/1993 P. 0032 - 0037 Finnish special edition: Chapter 13 Volume 24 P. 0074  Swedish special edition: Chapter 13 Volume 24 P. 0074

COUNCIL DIRECTIVE 93/35/EEC of 14 June 1993 amending for the sixth time Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic productsTHE 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 the legal ambiguities in Directive 76/768/EEC (4) particularly in Articles 1 and 2, should be removed;  Whereas it has become apparent that it is desirable that data on the ingredients employed in cosmetic products be gathered so that all issues relating to their use and the resulting action at Community level may be assessed with a view, in particular,  to the establishment of a common nomenclature of ingredients used in cosmetic products; whereas the gathering of that data can be facilitated if the Commission compiles an inventory of the ingredients concerned; whereas that inventory will be indicative  and is not intended to constitute a limitative list of substances used in cosmetic products;  Whereas greater transparency is needed regarding the ingredients employed in cosmetics if the latter are to be placed on the market without any prior procedure, if the necessary information on the finished product is to be available solely at the place  of manufacture or of initial importation into the Community and if better information is to be provided to the consumer; whereas such transparency should be achieved by indication of a product's function and of the ingredients used in a cosmetic product  on its packaging; whereas where for practical reasons it is impossible to indicate the ingredients and any warnings regarding use on the container or the packaging, such particulars should be enclosed so that the consumer may have access to all  necessary information;  Whereas, with regard to the finished cosmetic product, it should be made clear which information is to be made available to the monitoring authorities of the place of manufacture or of initial importation into the Community market; whereas that  information should include all the necessary particulars relating to identity, quality, safety for human health and the effects claimed for the cosmetic product;  Whereas, however, for reasons of monitoring, the competent authority should be apprised of the place of manufacture and of the information needed for rapid and appropriate medical treatment in the event of difficulties;  Whereas the Commission should be authorized to amend Annexes I and VIII to Directive 76/768/EEC in view of their illustrative and technical nature;  Whereas assessment of the safety of use of the ingredients employed in cosmetics and of the final product should take account of the requirements of Directive 86/609/EEC (5), which concerns the protection of animals used for experimental and other  scientific purposes, and in particular Article 7 (2) thereof;  Whereas testing on animals of ingredients or combinations of ingredients should be banned as from 1 January 1998; whereas, however, that date should be postponed where alternative methods of testing have not been scientifically validated; whereas the  Commission should submit a report on progress made with regard to such methods,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 76/768/EEC is hereby amended as follows:  1. Article 1 (1) shall be replaced by the following:  '1. A "cosmetic product" shall mean any substance or preparation intended to be placed in contact with the various external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous  membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance and/or correcting body odours and/or protecting them or keeping them in good condition.';  2. Article 2 shall be replaced by the following:  'Article 2 A cosmetic product put on the market within the Community must not cause damage to human health when applied under normal or reasonably foreseeable conditions of use, taking account, in particular, of the product's presentation, its labelling, any  instructions for its use and disposal as well as any other indication or information provided by the manufacturer or his authorized agent or by any other person responsible for placing the product on the Community market.  The provision of such warnings shall not, in any event, exempt any person from compliance with the other requirements laid down in this Directive.';  3. the following subparagraph shall be added to Article 4 (1):  '(i) ingredients or combinations of ingredients tested on animals after 1 January 1998 in order to meet the requirements of this Directive.  If there has been insufficient progress in developing satisfactory methods to replace animal testing, and in particular in those cases where alternative methods of testing, despite all reasonable endeavours, have not been scientifically validated as  offering an equivalent level of protection for the consumer, taking into account OECD toxicity test guidelines, the Commission shall, by 1 January 1997, submit draft measures to postpone the date of implementation of this provision, for a sufficient  period, and in any case for no less than two years, in accordance with the procedure laid down in Article 10. Before submitting such measures, the Commission will consult the Scientific Committee on Cosmetology.  The Commission shall present an annual report to the European Parliament and the Council on progress in the development, validation and legal acceptance of alternative methods to those involving experiments on animals. That report shall contain precise  data on the number and type of experiments relating to cosmetic products carried out on animals. The Member States shall be obliged to collect that information in addition to collecting statistics as laid down by Directive 86/609/EEC on the protection  of animals used for experimental and other scientific purposes. The Commission shall in particular ensure the development, validation and legal acceptance of experimental methods which do not use live animals.';  4. the following Article shall be inserted:  'Article 5a 1. No later than 14 December 1994 the Commission shall, under the procedure laid down in Article 10, compile an inventory of ingredients employed in cosmetic products, on the basis in particular of information supplied by the industry concerned.  For the purposes of this Article, "cosmetic ingredient" shall mean any chemical substance or preparation of synthetic or natural origin, except for perfume and aromatic compositions, used in the composition of cosmetic products.  The inventory shall be divided into two sections: one concerning perfume and aromatic raw materials and the second concerning other substances.  2. The inventory shall contain informtion on:  - the identity of each ingredient, in particular its chemical name, the CTFA name, the European Pharmacopoeia name, the international non-proprietary names recommended by the World Health Organization, the Einecs, Iupac, CAS and colour index numbers,  and the common name referred to in Article 7 (2),  - the usual function(s) of the ingredient in the final product,  - where appropriate, restrictions and conditions of use and warnings which must be printed on the label by reference to the Annexes.  3. The Commission shall publish the inventory and shall update it periodically under the procedure provided for in Article 10. The inventory shall be indicative and shall not constitute a list of the substances authorized for use in cosmetic products.';   5. in Article 6 (1), the introductory sentence shall be replaced by the following:  '1. Member States shall take all measures necessary to ensure that cosmetic products may be marketed only if the container and packaging bear the following information in indelible, easily legible and visible lettering; the information mentioned in  point (g) may, however, be indicated on the packaging alone:';  6. Article 6 (1) (d) shall be replaced by the following:  '(d) particular precautions to be observed in use, especially those listed in the column "Conditions of use and warnings which must be printed on the label" in Annexes III, IV, VI and VII, which must appear on the container and packaging, as well as any  special precautionary information on cosmetic products for professional use, in particular in hairdressing. Where this is impossible for practical reasons, an enclosed leaflet, label, tape or card must contain that information to which the consumer is  referred either by abbreviated information or the symbol given in Annex VIII, which must appear on the container and the packaging.';  7. the following subparagraphs (f) and (g) shall be added to Article 6 (1):  '(f) the function of the product, unless it is clear from the presentation of the product;  (g) a list of ingredients in descending order of weight at the time they are added. That list shall be preceded by the word "ingredients". Where that is impossible for practical reasons, an enclosed leaflet, label, tape or card must contain the  ingredients to which the consumer is referred either by abbreviated information or the symbol given in Annex VIII, which must appear on the container and the packaging.  The following shall not, however, be regarded as ingredients:  - impurities in the raw materials used,  - subsidiary technical materials used in the preparation but not present in the final product,  - materials used in strictly necessary quantities as solvents or as carriers for perfume and aromatic compositions.  Perfume and aromatic compositions and their raw materials shall be referred to by the word "perfume" or "flavour". Ingredients in concentrations of less than 1 % may be listed in any order after those in concentrations of more than 1 %. Colouring agents  may be listed in any order after the other ingredients, in accordance with the colour index number or denomination adopted in Annex IV.  For decorative cosmetic products marketed in several colour shades, all colouring agents used in the range may be listed, provided that the terms "may contain" are added.  An ingredient must be identified by the common name referred to in Article 7 (2) or, failing that, by one of the names referred to in Article 5a (2), first indent.  In accordance with the procedure laid down in Article 10, the Commission shall, no later than 14 December 1994, adopt the criteria and conditions under which a manufacturer may, for reasons of trade secrecy, apply not to include one or more ingredients  on the abovementioned list.';  8. the following two paragraphs shall be added at the end of Article 6 (1):  'Where it is impracticable, for reasons of size or shape, for the particulars referred to in points (d) and (g) to appear in an enclosed leaflet, those particulars shall appear on a label, tape or card which is enclosed or attached to the cosmetic  product.  In the case of soap, bath balls and other small products where it is impraticable, for reasons of size or shape, for the particulars referred to in point (g) to appear on a label, tag, tape or card or in an enclosed leaflet, those particulars shall  appear on a notice in immediate proximity to the container in which the cosmetic product is exposed for sale.';  9. the following shall be added at the end of Article 6 (3):  'Furthermore, any reference to testing on animals must state clearly whether the tests carried out involved the finished product and/or its ingredients.';  10. Article 7 (2) shall be replaced by the following:  '2. They may, however, require that the particulars provided for in Article 6 (1) (b), (c), (d) and (f) be expressed at least in their own national or official language or languages; they may also require that the particulars provided for in Article 6  (1) (g) be expressed in a language easily understood by the consumer. To that end, the Commission shall adopt a common ingredients nomenclature in accordance with the Article 10 procedure.';  11. Article 7 (3) shall be replaced by the following:  '3. Furthermore, a Member State may, for purposes of prompt and appropriate medical treatment in the event of difficulties, require that appropriate and adequate information on substances used in cosmetic products be made available to the competent  authority, which shall ensure that that information is used only for the purposes of such treatment.  Each Member State shall designate a competent authority and send details thereof to the Commission, which shall publish that information in the Official Journal of the European Communities.';  12. the following following Article shall be inserted:  'Article 7a 1. The manufacturer or his agent or the person to whose order a cosmetic product is manufactured or the person responsible for placing an imported cosmetic product on the Community market shall for control purposes keep the following information readily  accessible to the competent authorities of the Member State concerned at the address specified on the label in accordance with Article 6 (1) (a):  (a) the qualitative and quantitative composition of the product; in the case of perfume compositions and perfumes, the name and code number of the composition and the identity of the supplier;  (b) the physico-chemical and microbiological specifications of the raw materials and the finished product and the purity and microbiological control criteria of the cosmetic product;  (c) the method of manufacture complying with the good manufacturing practice laid down by Community law or, failing that, laid down by the law of the Member State concerned; the person responsible for manufacture or first importation into the Community  must possess an appropriate level of professional qualification or experience in accordance with the legislation and practice of the Member State which is the place of manufacture or first importation;  (d) assessment of the safety for human health of the finished product. To that end the manufacturer shall take into consideration the general toxicological profile of the ingredient, its chemical structure and its level of exposure.  Should the same product be manufactured at several places within Community territory, the manufacturer may choose a single place of manufacture where that information will be kept available. In this connection, and when so requested for monitoring  purposes, he shall be obliged to indicate the place so chosen to the monitoring authority/authorities concerned;  (e) the name and address of the qualified person or persons responsible for the assessment referred to in (d). That person must hold a diploma as defined in Article 1 of Directive 89/48/EEC in the field of pharmacy, toxicology, dermatology, medicine or  a similar discipline;  (f) existing data on undesirable effects on human health resulting from use of the cosmetic product;  (g) proof of the effect claimed for the cosmetic product, where justified by the nature of the effect or product.  2. The assessment of the safety for human health referred to in paragraph 1 (d) shall be carried out in accordance with the principle of good laboratory practice laid down in Council Directive 87/18/EEC of 18 December 1986 on the harmonization of laws,  regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their application for tests on chemical substances (*).  3. The information referred to in paragraph 1 must be available in the national language or languages of the Member State concerned, or in a language readily understood by the competent authorities.  4. The manufacturer or his agent, or the person to whose order a cosmetic product is manufactured, or the person responsible for placing imported cosmetic products on the Community market, shall notify the competent authority of the Member State of the  place of manufacture or of the initial importation of the address of the place of manufacture or of initial importation into the Community of the cosmetic products before the latter are placed on the Community market.  5. Member States shall designate the competent authorities referred to in paragraphs 1 and 4 and shall send details thereof to the Commission, which shall publish that information in the Official Journal of the European Communities.  The Member States shall ensure that the abovementioned authorities continue to cooperate in areas where such cooperation is necessary to the smooth application of this Directive.  (*) OJ No L 15, 17. 1. 1987, p. 29.';  13. Article 8 (2) shall be replaced by the following:  '2. The common nomenclature of ingredients used in cosmetic products and, after consultation of the Scientific Committee on Cosmetology, the amendments necessary for the adaptation to technical progress of the Annexes shall be adopted in accordance with  the same procedure, as appropriate.';  14. Annex VIII appearing in the Annex to this Directive shall be added.  Article 2  1. Member States shall take all necessary measures to ensure that from 1 January 1997 neither manufacturers nor importers established within the Community place on the market cosmetic products which fail to comply with this Directive.  2. Member States shall take all measures necessary to ensure that the products referred to in paragraph 1 cannot be sold or disposed of to the ultimate consumer after 31 December 1997.  Article 3  1. Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive no later than 14 June 1995. They shall forthwith inform the Commission thereof.  When Member States adopt these provisions, 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 a reference shall be laid down by the Member  States.  2. Member States shall communicate to the Commission the texts of the provisions of domestic law which they adopt in the field governed by this Directive.  Article 4  This Directive is addressed to the Member States.  Done at Luxembourg, 14 June 1993.  For the Council The President J. TROEJBORG (1) OJ No C 52, 28. 2. 1991, p. 6, and OJ No C 249, 26. 9.1992, p. 5.  (2) OJ No C 176, 13. 7. 1992, p. 92, and OJ No C 150, 31. 5. 1993.  (3) OJ No C 269, 14. 10. 1991, p. 15.  (4) OJ No L 262, 27. 9. 1976, p. 169. Directive as last amended by Commission Directive 92/86/EEC (OJ No L 325, 11. 11. 1992, p. 18).  (5) OJ No L 358, 18. 12. 1986, p. 1.    ANNEX  Annex VIII