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31987L0357

Council Directive 87/357/EEC of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers

Official Journal L 192 , 11/07/1987 P. 0049 - 0050 Finnish special edition: Chapter 15 Volume 7 P. 0244  Swedish special edition: Chapter 15 Volume 7 P. 0244

*****COUNCIL  DIRECTIVE  of 25 June 1987  on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers  (87/357/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,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas in serveral Member States legal provisions or regulations are in force concerning certain products which, appearing to be other than they are, endanger the safety or health of consumers; whereas, however, these provisions differ in content, scope and field of application; whereas, in particular, these provisions concern in certain Member States all products which resemble foodstuffs while not being such whilst in other Member States they concern products likely to be confused with foodstuffs, especially confectionery;  Whereas this situation creates significant barriers to the free movement of goods and unequal competitive conditions within the Community without ensuring effective protection for consumers, especially children;  Whereas these obstacles to the establishment and operation of the common market must be eliminated and adequate protection ensured for consumers in accordance with the Council resolutions of 14 April 1975 and 19 May 1981 respectively on the first (3) and second programmes (4) of the European Economic Community for a consumer protection and information policy and the Council resolution of 23 June 1986 on a new impetus for consumer protection policy (5);  Whereas the health and safety of consumers should enjoy an equivalent level of protection in the different Member States;  Whereas to that end it is necessary to prohibit the marketing, import and both the production and the export of products which, since they can be confused with foodstuffs, jeopardize the health or safety of consumers;  Whereas provision should be made for controls to be carried out by the competent authorities of the Member States;  Whereas, in accordance with the principles embodied in the Council resolutions on consumer protection, dangerous products must be withdrawn from the market;  Whereas provision should be made for the possibility of discussing and examining the measures taken by the Member States to ban such products or withdraw them from the market, so as to ensure uniform application throughout the Community of the principles embodied in this Directive; whereas such examination and discussion can be conducted within the Advisory Committee set up under Decision 84/133/EEC (6);  Whereas, given the possible need to widen the scope to cover dangerous imitations of foodstuffs and to evaluate and review the procedures laid down in this Directive, provision should be made for the Council, two years after the implementation of the Directive and acting on a Commission report on experience gained, to decide on the possible adjustment of the provisions of the Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. This Directive applies to the products, defined in paragraph 2 below, which, appearing to be other than they are, endanger the health or safety of consumers.  2. The products referred to in paragraph 1 above are those which, although not foodstuffs, possess a form, odour, colour, appearance, packaging, labelling, volume or size, such that it is likely that consumers, especially children, will confuse them with foodstuffs and in consequence place them in their mouths, or suck or ingest them, which might be dangerous and cause, for example, suffocation, poisoning, or the perforation or obstruction of the digestive tract.  Article 2  Member States shall take all the measures necessary to prohibit the marketing, import and either manufacture or export of the products referred to in this Directive.  Article 3  Member States shall in particular ensure that checks are carried out on products on the market to ascertain that no product falling within the scope of this Directive is being marketed and shall take all necessary measures to ensure that their competent authorities withdraw or cause to be withdrawn from their markets any product covered by this Directive.  Article 4  1. If a Member State takes a specific measure persuant to Articles 2 and 3, it shall inform the Commission thereof. It shall give a description of the product and the grounds for its decision.  Where details of the product are already required under Decision 84/133/EEC, no further notification is required under this Directive.  The Commission shall forward the details to the other Member States at the earliest opportunity.  2. The Committee set up by Decision 84/133/EEC may be requested by the Commission or a Member State to enter into an exchange of views on questions relating to the application of this Directive.  Article 5  Two years after the date referred to in Article 6, on the basis of a Commission report on experience gained, accompanied by appropriate proposals, the Council shall take a decision on a possible adjustment to this Directive, in particular with a view to extending its scope to cover dangerous imitations other than imitations of foodstuffs and any review of the procedures laid down in Article 4.  Article 6  1. Member States shall take the measures necessary to comply with this Directive not later than 26 June 1989. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of provisions of national law which they adopt in the field governed by this Directive.  Article 7  This Directive is adressed to the Member States.  Done at Luxembourg, 25 June 1987.  For the Council  The President  H. DE CROO  (1) OJ No C 156, 15. 6. 1987.  (2) OJ No C 150, 9. 6. 1987, p. 1.  (3) OJ No C 92, 25. 4. 1975, p. 1.  (4) OJ No C 133, 3. 6. 1981, p. 1.  (5) OJ No C 167, 5. 7. 1986, p. 1.  (6) OJ No L 70, 13. 3. 1984, p. 16.


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32002L0012

Directive 2002/12/EC of the European Parliament and of the Council of 5 March 2002 amending Council Directive 79/267/EEC as regards the solvency margin requirements for life assurance undertakings

Official Journal L 077 , 20/03/2002 P. 0011 - 0016

Directive 2002/12/EC of the European Parliament and of the Councilof 5 March 2002amending Council Directive 79/267/EEC as regards the solvency margin requirements for life assurance undertakingsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 47(2) and Article 55 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The financial services action plan, as endorsed by the European Council meetings in Cologne on 3 and 4 June 1999 and in Lisbon on 23 and 24 March 2000, recognises the importance of the solvency margin for insurance undertakings to protect policyholders in the single market by ensuring that insurance undertakings have adequate capital requirements in relation to the nature of their risks.(2) First Council Directive 79/267/EEC of 5 March 1979 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance(4) requires insurance undertakings to have solvency margins.(3) The requirement that insurance undertakings establish, over and above the technical provisions to meet their underwriting liabilities, a solvency margin to act as a buffer against adverse business fluctuations is an important element in the system of prudential supervision for the protection of insured persons and policyholders.(4) The existing solvency margin rules as established by Directive 79/267/EEC have been substantially unchanged by subsequent Community legislation and Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance (third life assurance Directive)(5) required the Commission to submit a report to the Insurance Committee set up by Council Directive 91/675/EEC(6) on the need for further harmonisation of the solvency margin.(5) The Commission has prepared that report in the light of the recommendations of the report on the solvency of insurance undertakings prepared by the Conference of the Insurance Supervisory Authorities of the Member States of the European Union.(6) While the report concluded that the simple, robust nature of the current system has operated satisfactorily and is based on sound principles benefiting from wide transparency, certain weaknesses have been identified in specific cases.(7) There is a need to increase the existing minimum guarantee fund, in particular as a result of inflation in claim levels and operational expenses since that requirement was originally adopted.(8) To improve the quality of the solvency margin, the possibility of including future profits in the available solvency margin should be limited and subject to conditions and should in any case cease after 2009.(9) To avoid major and sharp increases in the amount of the minimum guarantee fund in the future, a mechanism should be established providing for its increase in line with the European index of consumer prices.(10) In specific situations where policyholders' rights are threatened, there is a need for the competent authorities to be empowered to intervene at a sufficiently early stage, but in the exercise of those powers, competent authorities should inform the insurance undertakings of the reasons motivating such supervisory action, in accordance with the principles of sound administration and due process. As long as such a situation exists, the competent authorities should be prevented from certifying that the insurance undertaking has a sufficient solvency margin.(11) In the light of market developments in the nature of reinsurance cover purchased by primary insurers, there is a need for the competent authorities to be empowered to decrease the reduction to the solvency margin requirement in certain circumstances.(12) This Directive should lay down minimum standards for the solvency margin requirements and home Member States should be able to lay down stricter rules for insurance undertakings authorised by their own competent authorities.(13) Directive 79/267/EEC should be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Amendments to Directive 79/267/EECDirective 79/267/EEC is hereby amended as follows:1. in Article 3, point 2 shall be replaced by the following: "2. mutual associations, where:- the articles of association contain provisions for calling up additional contributions or reducing their benefits or claiming assistance from other persons who have undertaken to provide it, and- the annual contribution income for the activities covered by this Directive does not exceed EUR 5 million for three consecutive years. If this amount is exceeded for three consecutive years this Directive shall apply with effect from the fourth year.Nevertheless, the provisions of this Article shall not prevent a mutual assurance undertaking from applying, or continuing, to be licensed under this Directive";2. Articles 18, 19 and 20 shall be replaced by the following: "Article 181. Each Member State shall require of every assurance undertaking whose head office is situated in its territory an adequate available solvency margin in respect of its entire business at all times which is at least equal to the requirements in this Directive.2. The available solvency margin shall consist of the assets of the assurance undertaking free of any foreseeable liabilities, less any intangible items, including:(a) the paid-up share capital or, in the case of a mutual assurance undertaking, the effective initial fund plus any members' accounts which meet all the following criteria:(i) the memorandum and articles of association must stipulate that payments may be made from these accounts to members only in so far as this does not cause the available solvency margin to fall below the required level, or, after the dissolution of the undertaking, if all the undertaking's other debts have been settled;(ii) the memorandum and articles of association must stipulate, with respect to any payments referred to in point (i) for reasons other than the individual termination of membership, that the competent authorities must be notified at least one month in advance and can prohibit the payment within that period;(iii) the relevant provisions of the memorandum and articles of association may be amended only after the competent authorities have declared that they have no objection to the amendment, without prejudice to the criteria stated in points (i) and (ii);(b) reserves (statutory and free) not corresponding to underwriting liabilities;(c) the profit or loss brought forward after deduction of dividends to be paid;(d) in so far as authorised under national law, profit reserves appearing in the balance sheet where they may be used to cover any losses which may arise and where they have not been made available for distribution to policy holders.The available solvency margin shall be reduced by the amount of its own shares directly held by the assurance undertaking.3. The available solvency margin may also consist of:(a) cumulative preferential share capital and subordinated loan capital up to 50 % of the lesser of the available solvency margin and the required solvency margin, no more than 25 % of which shall consist of subordinated loans with a fixed maturity, or fixed-term cumulative preferential share capital, provided in the event of the bankruptcy or liquidation of the assurance undertaking, binding agreements exist under which the subordinated loan capital or preferential share capital ranks after the claims of all other creditors and is not to be repaid until all other debts outstanding at the time have been settled.Subordinated loan capital must also fulfil the following conditions:(i) only fully paid-up funds may be taken into account;(ii) for loans with a fixed maturity, the original maturity must be at least five years. No later than one year before the repayment date the assurance undertaking must submit to the competent authorities for their approval a plan showing how the available solvency margin will be kept at or brought to the required level at maturity, unless the extent to which the loan may rank as a component of the available solvency margin is gradually reduced during at least the last five years before the repayment date. The competent authorities may authorise the early repayment of such loans provided application is made by the issuing assurance undertaking and its available solvency margin will not fall below the required level;(iii) loans the maturity of which is not fixed must be repayable only subject to five years' notice unless the loans are no longer considered as a component of the available solvency margin or unless the prior consent of the competent authorities is specifically required for early repayment. In the latter event the assurance undertaking must notify the competent authorities at least six months before the date of the proposed repayment, specifying the available solvency margin and the required solvency margin both before and after that repayment. The competent authorities shall authorise repayment only if the assurance undertaking's available solvency margin will not fall below the required level;(iv) the loan agreement must not include any clause providing that in specified circumstances, other than the winding-up of the assurance undertaking, the debt will become repayable before the agreed repayment dates;(v) the loan agreement may be amended only after the competent authorities have declared that they have no objection to the amendment;(b) securities with no specified maturity date and other instruments, including cumulative preferential shares other than those mentioned in point (a), up to 50 % of the lesser of the available solvency margin and the required solvency margin for the total of such securities and the subordinated loan capital referred to in point (a) provided they fulfil the following:(i) they may not be repaid on the initiative of the bearer or without the prior consent of the competent authority;(ii) the contract of issue must enable the assurance undertaking to defer the payment of interest on the loan;(iii) the lender's claims on the assurance undertaking must rank entirely after those of all non-subordinated creditors;(iv) the documents governing the issue of the securities must provide for the loss-absorption capacity of the debt and unpaid interest, while enabling the assurance undertaking to continue its business;(v) only fully paid-up amounts may be taken into account.4. Upon application, with supporting evidence, by the undertaking to the competent authority of the home Member State and with the agreement of that competent authority, the available solvency margin may also consist of:(a) until 31 December 2009 an amount equal to 50 % of the undertaking's future profits, but not exceeding 25 % of the lesser of the available solvency margin and the required solvency margin. The amount of the future profits shall be obtained by multiplying the estimated annual profit by a factor which represents the average period left to run on policies. The factor used may not exceed 6. The estimated annual profit shall not exceed the arithmetical average of the profits made over the last five financial years in the activities listed in point 1 of Article 1.Competent authorities may only agree to include such an amount for the available solvency margin:(i) when an actuarial report is submitted to the competent authorities substantiating the likelihood of emergence of these profits in the future; and(ii) in so far as that part of future profits emerging from hidden net reserves referred to in point (c) has not already been taken into account;(b) where zillmerising is not practised or where, if practised, it is less than the loading for acquisition costs included in the premium, the difference between a non-zillmerised or partially zillmerised mathematical provision and a mathematical provision zillmerised at a rate equal to the loading for acquisition costs included in the premium. This figure may not, however, exceed 3,5 % of the sum of the differences between the relevant capital sums of life assurance activities and the mathematical provisions for all policies for which zillmerising is possible. The difference shall be reduced by the amount of any undepreciated acquisition costs entered as an asset;(c) any hidden net reserves arising out of the valuation of assets, in so far as such hidden net reserves are not of an exceptional nature;(d) one half of the unpaid share capital or initial fund, once the paid-up part amounts to 25 % of that share capital or fund, up to 50 % of the lesser of the available and required solvency margin.5. 5. Amendments to paragraphs 2, 3 and 4 to take into account developments that justify a technical adjustment of the elements eligible for the available solvency margin, shall be adopted in accordance with the procedure laid down in Article 2 of Directive 91/675/EEC(7).Article 191. Subject to Article 20, the required solvency margin shall be determined as laid down in paragraphs 2 to 7 according to the classes of assurance underwritten.2. For the kinds of assurance referred to in Article 1(1)(a) and (b) other than assurances linked to investment funds and for the operations referred to in Article 1(3), the required solvency margin shall be equal to the sum of the following two results:(a) first result:a 4 % fraction of the mathematical provisions, relating to direct business and reinsurance acceptance gross of reinsurance cessions shall be multiplied by the ratio, for the last financial year, of the total mathematical provisions net of reinsurance cessions to the gross total mathematical provisions. That ratio may in no case be less than 85 %;(b) second result:for policies on which the capital at risk is not a negative figure, a 0,3 % fraction of such capital underwritten by the assurance undertaking shall be multiplied by the ratio, for the last financial year, of the total capital at risk retained as the undertaking's liability after reinsurance cessions and retrocessions to the total capital at risk gross of reinsurance; that ratio may in no case be less than 50 %.For temporary assurance on death of a maximum term of three years the fraction shall be 0,1 %. For such assurance of a term of more than three years but not more than five years the above fraction shall be 0,15 %.3. For the supplementary insurance referred to in Article 1(1)(c), the required solvency margin shall be equal to the required solvency margin for insurance undertakings as laid down in Article 16a of Directive 73/239/EEC, excluding the provisions of Article 17 of that Directive.4. For permanent health insurance not subject to cancellation referred to in Article 1(1)(d), the required solvency margin shall be equal to:(a) a 4 % fraction of the mathematical provisions, calculated in compliance with paragraph 2(a) of this Article; plus(b) the required solvency margin for insurance undertakings as laid down in Article 16a of Directive 73/239/EEC, excluding the provisions of Article 17 of that Directive. However, the condition contained in Article 16a(6)(b) of that Directive that a provision be set up for increasing age may be substituted by a requirement that the business be conducted on a group basis.5. For capital redemption operations referred to in Article 1(2)(b), the required solvency margin shall be equal to a 4 % fraction of the mathematical provisions calculated in compliance with paragraph 2(a) of this Article.6. For tontines, referred to in Article 1(2)(a), the required solvency margin shall be equal to 1 % of their assets.7. For assurances covered by Article 1(1)(a) and (b) linked to investment funds and for the operations referred to in Article 1(2)(c), (d) and (e), the required solvency margin shall be equal to the sum of the following:(a) in so far as the assurance undertaking bears an investment risk, a 4 % fraction of the technical provisions, calculated in compliance with paragraph 2(a) of this Article;(b) in so far as the undertaking bears no investment risk but the allocation to cover management expenses is fixed for a period exceeding five years, a 1 % fraction of the technical provisions, calculated in compliance with paragraph 2(a) of this Article;(c) in so far as the undertaking bears no investment risk and the allocation to cover management expenses is not fixed for a period exceeding five years, an amount equivalent to 25 % of the last financial year's net administrative expenses pertaining to such business;(d) in so far as the assurance undertaking covers a death risk, a 0,3 % fraction of the capital at risk calculated in compliance with paragraph 2(b) of this Article.Article 201. One third of the required solvency margin as specified in Article 19 shall constitute the guarantee fund. This fund shall consist of the items listed in Article 18(2), (3) and, with the agreement of the competent authority of the home Member State, (4)(c).2. The guarantee fund may not be less than a minimum of EUR 3 million.Any Member State may provide for a reduction of one-quarter of the minimum guarantee fund in the case of mutual associations and mutual-type associations and tontines";3. the following Article shall be inserted: "Article 20a1. The amount in euro as laid down in Article 20(2) shall be reviewed annually starting 20 September 2003, in order to take account of changes in the European index of consumer prices comprising all Member States as published by Eurostat.The amount shall be adapted automatically, by increasing the base amount in euro by the percentage change in that index over the period between the entry into force of this Directive and the review date and rounded up to a multiple of EUR 100000.If the percentage change since the last adaptation is less than 5 %, no adaptation shall take place.2. The Commission shall inform annually the European Parliament and the Council of the review and the adapted amount referred to in paragraph 1";4. the following Article shall be inserted: "Article 24a1. Member States shall ensure that the competent authorities have the power to require a financial recovery plan for those insurance undertakings where competent authorities consider that policyholders' rights are threatened. The financial recovery plan must as a minimum include particulars or proof concerning for the next three financial years:(a) estimates of management expenses, in particular current general expenses and commissions;(b) a plan setting out detailed estimates of income and expenditure in respect of direct business, reinsurance acceptances and reinsurance cessions;(c) a forecast balance sheet;(d) estimates of the financial resources intended to cover underwriting liabilities and the required solvency margin;(e) the overall reinsurance policy.2. Where policyholders' rights are threatened because the financial position of the undertaking is deteriorating, Member States shall ensure that the competent authorities have the power to oblige insurance undertakings to have a higher required solvency margin, in order to ensure that the insurance undertaking is able to fulfil the solvency requirements in the near future. The level of this higher required solvency margin shall be based on a financial recovery plan referred to in paragraph 1.3. Member States shall ensure that the competent authorities have the power to revalue downwards all elements eligible for the available solvency margin, in particular, where there has been a significant change in the market value of these elements since the end of the last financial year.4. Member States shall ensure that the competent authorities have the powers to decrease the reduction, based on reinsurance, to the solvency margin as determined in accordance with Article 19 where:(a) the nature or quality of reinsurance contracts has changed significantly since the last financial year;(b) there is no or an insignificant risk transfer under the reinsurance contracts.5. If the competent authorities have required a financial recovery plan for the insurance undertaking in accordance with paragraph 1, they shall refrain from issuing a certificate in accordance with Article 10(3)(2) of this Directive, Article 14(1)(a) of Council Directive 90/619/EEC(8) (second life assurance Directive) and Article 11(2) of Council Directive 92/96/EEC(9) (third life assurance Directive) as long as they consider that policyholders' rights are threatened within the meaning of paragraph 1."Article 2Transitional period1. Member States may allow assurance undertakings which at the entry into force of this Directive provide assurance in their territories in one or more of the classes referred to in the Annex to Directive 79/267/EEC, a period of five years, commencing with the date of entry into force of this Directive, in order to comply with the requirements set out in Article 1 of this Directive.2. Member States may allow any undertakings referred to in paragraph 1, which upon the expiry of the five-year period have not fully established the required solvency margin, a further period not exceeding two years in which to do so provided that such undertakings have, in accordance with Article 24 of Directive 79/267/EEC, submitted for the approval of the competent authorities, the measures which they propose to take for such purpose.Article 3Transposition1. Member States shall adopt by 20 September 2003 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall provide that the measures referred to in paragraph 1 shall first apply to the supervision of accounts for financial years beginning on 1 January 2004 or during that calendar year.3. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive.4. Not later than 1 January 2007 the Commission shall submit to the European Parliament and the Council a report on the application of this Directive and, if necessary, on the need for further harmonisation. The report shall indicate how Member States have made use of the possibilities in this Directive and, in particular, whether the discretionary powers afforded to the national supervisory authorities have resulted in major supervisory differences in the single market.Article 4Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 5AddresseesThis Directive is addressed to the Member States.Done at Brussels, 5 March 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentR. De Rato Y Figaredo(1) OJ C 96 E, 27.3.2001, p. 123.(2) OJ C 193, 10.7.2001, p. 21.(3) Opinion of the European Parliament of 4 July 2001 (not yet published in the Official Journal) and Decision of the Council of 14 February 2002.(4) OJ L 63, 13.3.1979, p. 1. Directive as last amended by Directive 95/26/EC of the European Parliament and of the Council (OJ L 168, 18.7.1995, p. 7).(5) OJ L 360, 9.12.1992, p. 1. Directive as last amended by Directive 2000/64/EC of the European Parliament and of the Council (OJ L 290, 17.11.2000, p. 27).(6) OJ L 374, 31.12.1991, p. 32.(7) OJ L 374, 31.12.1991, p. 32.(8) OJ L 330, 29.11.1990, p. 50. Directive as last amended by Directive 92/96/EEC (OJ L 360, 9.12.1992, p. 1).(9) OJ L 360, 9.12.1992, p. 1. Directive as last amended by Directive 2000/64/EC of the European Parliament and of the Council (OJ L 290, 17.11.2000, p. 27).


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31976L0401

Council Directive 76/401/EEC of 6 April 1976 amending Directive 75/271/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (France)

Official Journal L 108 , 26/04/1976 P. 0022 - 0038

COUNCIL DIRECTIVE of 6 April 1976 amending Directive 75/271/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (France) (76/401/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), as amended by Directive 76/400/EEC (2), and in particular Article 2 (2) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas the Government of the French Republic has communicated to the Commission, in accordance with Article 2 (1) of Directive 75/268/EEC, a proposal to extend the mountain areas listed in the Annex to Council Directive 75/271/EEC of 28 April 1975 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (France) (5), together with the relevant information concerning the characteristics of the communes or parts of communes involved therein;  Whereas the index used for defining the very difficult climate conditions referred to in the first indent of Article 3 (3) of Directive 75/268/EEC is, for each commune, an average minimum altitude of 600 metres in the Vosges, 700 metres in the other mountain regions and 800 metres on slopes facing the Mediterranean;  Whereas the index used for defining steep slopes as referred to in the second indent of Article 3 (3) of Directive 75/268/EEC is a percentage greater than 20;  Whereas where there is a combination of the two abovementioned factors, the criteria used are a minimum altitude of 500 metres and an average slope of 15 % ; whereas only a very few of the communes proposed do not fully satisfy the conditions required but nevertheless fully satisfy those of Article 3 (4) of Directive 75/268/EEC ; whereas since their economies are closely linked with those of their neighbouring communes and, in most cases, their areas are enclosed within those communes and clearly smaller, it is nevertheless possible to classify these communes within the mountain areas;  Whereas, the indices thus used by the Government of the French Republic for defining the areas communicated to the Commission satisfy the characteristics of mountain areas referred to in Article 3 (3) of Directive 75/268/EEC;  Whereas the communication of the Member State concerned does not describe the present situation in these areas with regard to the infrastructure referred to in Article 3 (2) of Directive 75/268/EEC ; whereas it appears that the infrastructure is not always adequate ; whereas moreover the absence of information about current or proposed programmes prevents an assessment of the period within which a substantial improvement will occur in this situation ; whereas it nevertheless appears expedient to include the areas in question in the Community list of less-favoured farming areas, on the understanding that the Government of the French Republic will present shortly a detailed communication to the Commission on this subject,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The areas listed in the Annex shall be added to the list of areas set out in the Annex to Directive 75/271/EEC.   Article 2 The Member State concerned shall forward to the Commission by the end of 1976 at the latest, a  (1) OJ No L 128, 19.5.1975, p. 1.  (2) See page 21 of this Official Journal.  (3) OJ No C 79, 5.4.1976, p. 37.  (4) Opinion delivered on 26 February 1976 (not yet published in the Official Journal).  (5) OJ No L 128, 19.5.1975, p. 33.  detailed communication indicating the period within which measures for the substantial improvement of infrastructure will be effective in the areas listed in the Annex.   Article 3 This Directive is addressed to the French Republic.     Done at Luxembourg, 6 April 1976.  For the Council  The President  J. HAMILIUS


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31976L0890

Council Directive 76/890/EEC of 4 November 1976 on the approximation of the laws of the Member States relating to the suppression of radio interference with regard to fluorescent lighting luminaires fitted with starters

Official Journal L 336 , 04/12/1976 P. 0022 - 0029 Greek special edition: Chapter 13 Volume 4 P. 0218  Spanish special edition: Chapter 13 Volume 5 P. 0232  Portuguese special edition Chapter 13 Volume 5 P. 0232

++++ ( 1 ) OJ N C 37 , 4 . 6 . 1973 , P . 8 .   ( 2 ) OJ N C 52 , 5 . 7 . 1973 , P . 33 .   ( 3 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .  COUNCIL DIRECTIVE  OF 4 NOVEMBER 1976  ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE SUPPRESSION OF RADIO INTERFERENCE WITH REGARD TO FLUORESCENT LIGHTING LUMINAIRES FITTED WITH STARTERS   ( 76/890/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 ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,  WHEREAS , IN MOST MEMBER STATES , FLUORESCENT LIGHTING LUMINAIRES FITTED WITH STARTERS ARE SUBJECT TO MANDATORY PROVISIONS RELATING TO THE SUPPRESSION OF RADIO INTERFERENCE ; WHEREAS SUCH PROVISIONS DIFFER FROM ONE MEMBER STATE TO ANOTHER ;  WHEREAS THE DIFFERENCES BETWEEN SUCH NATIONAL PROVISIONS RELATING TO THE SUPPRESSION OF RADIO INTERFERENCE ARE A BARRIER TO TRADE IN FLUORESCENT LIGHTING LUMINAIRES FITTED WITH STARTERS AND MAKE IT NECESSARY FOR UNDERTAKINGS IN THE COMMUNITY WHICH MANUFACTURE THEM TO DIFFERENTIATE THEIR PRODUCTS ACCORDING TO THEIR MEMBER STATE OF DESTINATION ; WHEREAS FOR THAT REASON THEY DIRECTLY AFFECT THE ESTABLISHMENT AND FUNCTIONING OF THE COMMON MARKET ;  WHEREAS IT IS THEREFORE NECESSARY TO LAY DOWN AT COMMUNITY LEVEL THE RULES TO BE OBSERVED WITH REGARD TO THE PERMISSIBLE MINIMUM VALUES FOR INSERTION LOSS OF FLUORESCENT LIGHTING LUMINAIRES FITTED WITH STARTERS COVERED BY THIS DIRECTIVE , TOGETHER WITH THE METHODS FOR MEASURING SUCH INSERTION LOSS ;  WHEREAS THE INSERTION LOSS MAY VARY FROM ONE LUMINAIRE TO ANOTHER DEPENDING ON THE POSITION OF THE FLUORESCENT TUBE ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THE PURPOSE OF THIS DIRECTIVE IS THE APPROXIMATION OF THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO THE SUPPRESSION OF RADIO INTERFERENCE WITH REGARD TO FLUORESCENT LIGHTING LUMINAIRES FITTED WITH STARTERS , BY FIXING THE PERMISSIBLE MINIMUM VALUES FOR INSERTION LOSS OF SUCH LUMINAIRES AND THE METHODS FOR MEASURING SUCH INSERTION LOSS .  2 . THE SCOPE OF THIS DIRECTIVE IS SPECIFIED IN SECTION 1 OF THE ANNEX .  ARTICLE 2  THE EQUIPMENT REFERRED TO IN ARTICLE 1 MAY NOT BE PLACED ON THE MARKET UNLESS IT MEETS THE REQUIREMENTS OF THIS DIRECTIVE .  ARTICLE 3  1 . THE CONFORMITY OF FLUORESCENT LIGHTING LUMINAIRES FITTED WITH STARTERS WITH THE REQUIREMENTS OF THIS DIRECTIVE SHALL BE CERTIFIED BY THE MANUFACTURER , ASSEMBLER OR IMPORTER , ON HIS OWN RESPONSIBILITY , IN A STATEMENT TO BE INCLUDED IN THE INSTRUCTIONS FOR USE , THE GUARANTEE CERTIFICATE OR ON THE EQUIPMENT ITSELF .  2 . THE STATEMENT PROVIDED FOR IN PARAGRAPH 1 SHALL BE UNNECESSARY WHERE USE IS MADE OF MARKS OR CERTIFICATES ISSUED BY THE BODIES NOTIFIED BY EACH MEMBER STATE TO THE OTHER MEMBER STATES AND TO THE COMMISSION .  3 . FOR A PERIOD OF FIVE AND A HALF YEARS FROM THE TIME THIS DIRECTIVE IS NOTIFIED , MEMBER STATES MAY REQUIRE THAT COMPLIANCE BY EQUIPMENT WITH THE REQUIREMENTS OF THIS DIRECTIVE SHALL BE ATTESTED BY MARKS OR CERTIFICATES ISSUED ON BEHALF OF THE COMPETENT AUTHORITIES ON THE BASIS OF PRIOR TYPE TESTING .  IN THE LIGHT OF EXPERIENCE GAINED AND THE RESULTS OBTAINED WITHIN THE COMMUNITY , ALL APPROPRIATE MEASURES SHALL BE TAKEN , WITHIN THIS PERIOD OF FIVE AND A HALF YEARS , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 8 OF COUNCIL DIRECTIVE 76/889/EEC OF 4 NOVEMBER 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO RADIO INTERFERENCE CAUSED BY ELECTRICAL HOUSEHOLD APPLIANCES , PORTABLE TOOLS AND SIMILAR EQUIPMENT ( 3 ) .  ARTICLE 4  MEMBER STATES MAY NOT PROHIBIT OR PREVENT THE PLACING ON THE MARKET OR USE OF LUMINAIRES ON GROUNDS RELATING TO THE SUPPRESSION OF RADIO INTERFERENCE IF SUCH LUMINAIRES MEET THE REQUIREMENTS OF THIS DIRECTIVE .  ARTICLE 5  MEMBER STATES SHALL TAKE THE NECESSARY STEPS TO ENSURE THAT THE METHODS OF MEASUREMENT USED IN OFFICIAL TESTS FOR VERIFYING COMPLIANCE WITH THE REQUIREMENTS RELATING TO THE SUPPRESSION OF INTERFERENCE ARE IN ACCORDANCE WITH THOSE SPECIFIED IN THE ANNEX .  ARTICLE 6  1 . THE REQUIREMENTS OF THIS DIRECTIVE SHALL NOT PREVENT , WITH REGARD TO THE USE OF THE EQUIPMENT REFERRED TO IN ARTICLE 1 , THE APPLICATION IN ANY MEMBER STATE OF THE FOLLOWING MEASURES TO PROTECT RECEPTION :   ( A ) SPECIAL MEASURES , IN THE CASE OF RECEIVING STATIONS USED FOR PUBLIC UTILITY OR SAFETY PURPOSES ;   ( B ) ADDITIONAL SUPPRESSION MEASURES IN ISOLATED CASES , WHERE INDIVIDUAL APPLIANCES , EVEN THOUGH COMPLYING WITH THE REQUIREMENTS OF THIS DIRECTIVE , HAVE CAUSED INTERFERENCE .  2 . MEMBER STATES SHALL INFORM THE COMMISSION OF THE SPECIAL MEASURES TAKEN PURSUANT TO PARAGRAPH 1 ( A ) AND EACH YEAR FORWARD A BRIEF SUMMARY OF ACTION TAKEN IN INDIVIDUAL CASES .  ARTICLE 7  ANY AMENDMENTS NEEDED TO ADAPT THE REQUIREMENTS OF THE ANNEX ( EXCLUDING SECTION 1 ) TO TECHNICAL PROGRESS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 8 OF DIRECTIVE 76/889/EEC . HOWEVER , SUCH AMENDMENTS MUST NOT RESULT IN A DECREASE IN THE QUALITY OF RADIOELECTRIC COMMUNICATIONS , INCLUDING SOUND RADIO AND TV RECEPTION .  ARTICLE 8  1 . MEMBER STATES SHALL BRING INTO FORCE THE MEASURES NECESSARY IN ORDER TO COMPLY WITH THIS DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  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 9  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 4 NOVEMBER 1976 .  FOR THE COUNCIL  THE PRESIDENT  TH . E . WESTERTERP  ANNEX  1 . SCOPE  THESE PROVISIONS RELATE TO FLUORESCENT LIGHTING LUMINAIRES FITTED WITH STARTERS .  THE PROVISIONS OF 2.2 ET SEQ . SHALL APPLY TO LUMINAIRES FOR RESIDENTIAL AREAS . UNSUPPRESSED LUMINAIRES SHALL BE SUBJECT ONLY TO THE LABELLING REQUIREMENTS OF 2.1 .  2 . GENERAL REQUIREMENTS  2.1 . LABELLING OF UNSUPPRESSED LUMINAIRES  THE WORDS " UNSUPPRESSED LUMINAIRE FOR USE IN NON-RESIDENTIAL AREAS " MUST BE PRINTED ON THE LUMINAIRE . THESE WORDS SHALL BE USED UNTIL THE COMMITTEE ON ADJUSTMENT TO TECHNICAL PROGRESS HAS SETTLED ON AN ALTERNATIVE .  NOTE : THE DEFINITION OF NON-RESIDENTIAL AREAS IS A MATTER FOR THE COMPETENT NATIONAL AUTHORITY .  2.2 . MINIMUM VALUES OF INSERTION LOSS  THE MINIMUM VALUES OF INSERTION LOSS SHALL BE MET BY AT LEAST 80 % OF SERIES-PRODUCED LUMINAIRES WITH 80 % CONFIDENCE .  METHODS OF APPLICATION OF THE MINIMUM VALUES OF INSERTION LOSS ARE SHOWN IN SECTION 4 .  3 . MINIMUM VALUES OF INSERTION LOSS  THE MINIMUM VALUES OF INSERTION LOSS AT PREFERRED MEASURING FREQUENCIES ARE GIVEN IN TABLE I .   ( SEE O.J . N L 336 OF 4 . 12 . 76 )  4 . APPLICATION OF MINIMUM VALUES OF INSERTION LOSS IN TESTS FOR CONFORMITY OF LUMINAIRES IN SERIES PRODUCTION  4.1 . TESTS SHALL BE MADE  4.1.1 . EITHER ON A SAMPLE OF LUMINAIRES OF THE TYPE USING THE STATISTICAL METHOD OF EVALUATION SET OUT IN 4.3 .  4.1.2 . OR , FOR SIMPLICITY'S SAKE , ON ONE LUMINAIRE ONLY .  4.2 . SUBSEQUENT TESTS ARE NECESSARY FROM TIME TO TIME ON LUMINAIRES TAKEN AT RANDOM FROM THE PRODUCTION ESPECIALLY IN THE CASE OF 4.1.2 . IN THE CASE OF ANY DISPUTE WHICH COULD LEAD TO A BAN ON SALES , SUCH A BAN SHALL BE CONSIDERED ONLY AFTER TESTS HAVE BEEN CARRIED OUT IN ACCORDANCE WITH 4.1.1 .  4.3 . STATISTICAL ASSESSMENT OF COMPLIANCE SHALL BE MADE AS FOLLOWS :  THIS TEST SHOULD BE PERFORMED ON A SAMPLE OF NOT LESS THAN FIVE , AND NOT MORE THAN 12 ITEMS OF THE TYPE , BUT IF IN EXCEPTIONAL CIRCUMSTANCES FIVE ITEMS ARE NOT AVAILABLE , THEN A SAMPLE OF THREE OR FOUR SHALL BE USED . COMPLIANCE IS ACHIEVED WHEN THE FOLLOWING RELATIONSHIP IS MET : ( SEE O.J . )  5 . MEASURING APPARATUS AND METHODS  5.1 . MEASURING APPARATUS  5.1.1 . THE MEASURING RECEIVER  ANY GOOD QUALITY RADIO-FREQUENCY SELECTIVE VOLTMETER SHALL BE USED .  5.1.2 . BALANCE / UNBALANCE TRANSFORMER  THE ESSENTIAL REQUIREMENTS OF THE BALANCE / UNBALANCE TRANSFORMER ARE :   ( A ) THE CAPACITANCE BETWEEN THE SECONDARY AND PRIMARY OF THE TRANSFORMER MUST BE NO GREATER THAN 5 PF . THE PRIMARY IS CONNECTED TO THE METAL BOX WHICH ENCLOSES THE DEVICE ;   ( B ) THE OUTPUT IMPEDANCE MUST BE 150 MORE OR LESS 4 * 5 OHMS AND SUBSTANTIALLY RESISTIVE IN THE FREQUENCY RANGE 150 KHZ TO 1 605 KHZ .  FIGURE 1 SHOWS AN EXAMPLE OF THE CIRCUIT AND CONSTRUCTION OF A SUITABLE TRANSFORMER .  5.1.3 . ARTIFICIAL MAINS V-NETWORK  THE V-NETWORK SHALL CONFORM WITH CISPR PUBLICATION 1 ( 1972 ) PARAGRAPH 2.1 AND FIGURE 9A .  5.1.4 . DUMMY LAMP ( DUMMY TUBE )   ( FOR USE IN CONJUNCTION WITH 5.2.1 AND FIGURE 3 ) .  THE CONFIGURATION AND COMPONENT VALUES OF A DUMMY LAMP ARE GIVEN IN FIGURE 2 .  5.2 . MEASUREMENT OF INSERTION LOSS OF FLOURESCENT LUMINAIRES  THE INSERTION LOSS OF LUMINAIRES SHALL BE MEASURED IN ACCORDANCE WITH THE METHODS DESCRIBED IN 5.2.1 AND 5.2.3 OR 5.2.2 AND 5.2.3 .  5.2.1 . LUMINAIRES INTENDED FOR USE WITH LAMPS OF 20 W , 40 W , 65 W , 80 W AND 65/80 W OF A NOMINAL DIAMETER OF 38 MM AS SPECIFIED IN IEC PUBLICATION 81 ( 1961 )  THE APPARATUS SHALL BE SET UP AS SHOWN IN FIGURE 3 WITH THE DUMMY LAMP L0 CONFORMING TO THE DETAILS GIVEN IN FIGURE 2 .  5.2.2 . LUMINAIRES INTENDED FOR USE WITH LAMPS SPECIFIED IN IEC PUBLICATION 81 ( 1961 ) BUT HAVING RATINGS OTHER THAN THOSE GIVEN IN 5.2.1  THE APPARATUS SHALL BE SET UP AS SHOWN IN FIGURE 4 , WITH THE DUMMY LAMP L CONFORMING TO THE DETAILS GIVEN THEREIN .  5.2.3 . MEASURING METHOD  THE INSERTION LOSS IS THE RATIO OF THE VOLTAGE U1 , INDICATED ON THE MEASURING RECEIVER M WHEN THE GENERATOR G IS CONNECTED TO THE DUMMY MAINS NETWORK VN VIA THE TRANSFORMER T , TO THE VOLTAGE U2 INDICATED ON M WHEN THE GENERATOR G IS CONNECTED TO THE NETWORK VN VIA THE TRANSFORMER T AND THE EQUIPMENT UNDER TEST .  THE INSERTION LOSS SHALL BE EXPRESSED IN THE FORM : INSERTION LOSS = 20 LOG10 U1/U2 DB .  DETAILS OF THE PROCEDURES ARE AS FOLLOWS :  5.2.3.1 . WHEN A LUMINAIRE INCORPORATES MORE THAN ONE LAMP , EACH LAMP SHALL BE REPLACED IN TURN BY THE TUBE L0 OR L ( SEE 5.2.1 AND 5.2.2 ) .  5.2.3.2 . IF , AS NORMAL , STARTERS HAVING INTEGRAL CAPACITORS ARE USED , THE STARTER SHALL BE REMOVED AND REPLACED BY A CAPACITOR OF 5 000 PF MORE OR LESS 10 % . HOWEVER , WHERE THE MANUFACTURER FITS A CAPACITOR EXTERNAL TO THE STARTER AND GIVES A WARNING AGAINST THE USE OF AN ADDITIONAL STARTER CAPACITOR , THE ORIGINAL CAPACITOR SHALL BE RETAINED AND NO TEST CAPACITOR ADDED .  PRECAUTIONS SHALL BE TAKEN TO ENSURE THAT THE TEST CAPACITOR MAINTAINS ITS CHARACTERISTICS OVER THE WHOLE FREQUENCY RANGE COVERED BY THE MEASUREMENTS .  WITH THE EXCEPTION OF THE POSSIBLE REPLACEMENT OF THE CAPACITOR BY THE STARTER AND THE REPLACEMENT OF THE LAMPS , LUMINAIRES SHALL BE MEASURED AS MANUFACTURED .  5.2.3.3 . IF A LUMINAIRE HAS A FRAME OF INSULATING MATERIAL , IT SHOULD BE PLACED WITH ITS BACK ON A METAL SHEET CONNECTED TO THE EARTH TERMINAL OF VN .  5.2.3.4 . THE CONNECTIONS C-C' AND D-D' BETWEEN THE TUBES L0 OR L AND THE TRANSFORMER T SHALL BE MADE WITH UNSCREENED LEADS NOT EXCEEDING 10 CM IN LENGTH .  5.2.3.5 . THE GENERATOR OUTPUT VOLTAGE SHALL BE MEASURED BY MEANS OF THE MEASURING RECEIVER ; FOR THIS PURPOSE , A DIRECT CONNECTION IS MADE BETWEEN C' AND A' AND BETWEEN D' AND B' BY COAXIAL CABLES ( Z0 = 75 * ) OF 1 M LENGTH WITH THE SCREENS CONNECTED TO THE EARTH TERMINAL OF VN ; CABLES C-C' , D-D' , A-A' , B-B' ARE REMOVED .  5.2.3.6 . U1 IS THE VOLTAGE BETWEEN A' AND THE EARTH TERMINAL OF VN OR BETWEEN B' AND THE EARTH TERMINAL OF VN . ( THE TWO VOLTAGES MUST BE NOMINALLY THE SAME _ ABOUT 2MV . )  5.2.3.7 . U2 IS THE HIGHER OF THE TWO VOLTAGES BETWEEN A' AND THE EARTH TERMINAL OF VN AND B' AND THE EARTH TERMINAL OF VN .  5.2.3.8 . WHERE IT IS KNOWN THAT THE INSERTION LOSS IS A MINIMUM FOR A GIVEN ORIENTATION OF THE DUMMY TUBE , MEASUREMENT MAY BE MADE FOR THIS ORIENTATION ONLY . IN CASES WHERE THERE IS ANY DOUBT ON THIS POINT , MEASUREMENTS SHALL BE MADE FOR BOTH ORIENTATIONS OF THE DUMMY TUBE .


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31986L0653

Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents

Official Journal L 382 , 31/12/1986 P. 0017 - 0021 Finnish special edition: Chapter 6 Volume 2 P. 0150  Swedish special edition: Chapter 6 Volume 2 P. 0150

COUNCIL DIRECTIVE of 18 December 1986 on the coordination of the laws of the Member State relating to self-employed commercial agents (86/653/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 57(2) and 100 thereof,Having regard to the proposal from the Commission (1),(1) OJ No C 13, 18.1.1977, p.2; OJ No C 56, 2.3.1979, p.5.Having regard to the opinion of the European Parliament (2),(2) OJ No C 239, 9.10.1978, p.17.Having regard to the opinion of the Economic and Social Committee (3),(3) OJ No C 59, 8.03.1978, p.31.Whereas the restrictions on the freedom of establishment and the freedom to provide services in respect of activities of intermediaries in commerce, industry and small craft industries were abolished by Directive 64/224/EEC (4);(4) OJ No 56, 4.4.1964, p.869/64.Whereas the differences in national laws concerning commercial representation substantially affect the conditions of competition and the carrying-on of that activity within the Community and are detrimental both to the protection available to commercial agents vis-à-vis their principals and to the security of commercial transactions; whereas moreover those differences are such as to inhibit substantially the conclusion and operation of commerical representation contracts where principal and commercial agents are established in different Member States;Whereas trade in goods between Member States should be carried on under conditions which are similar to those of a single market, and this necessitates approximation of the legal systems of the Member States to the extent required for the proper functioning of the common market; whereas in this regard the rules concerning conflict of laws do not, in the matter of commercial representation, remove the inconsistencies referred to above, nor would they even if they were made uniform, and accordingly the proposed harmonization is necessary notwithstanding the existence of those rules;Whereas in this regard the legal relationship between commercial agent and principal must be given priority;Whereas it is appropriate to be guided by the principles of Article 117 of the Treaty and to maintain improvementsalready made, when harmonizing the laws of the Member States relating to commercial agents;Whereas additional transitional periods should be allowed for certain Member States which have to make a particular effort to adapt their regulations, especially those concerning indemnity for termination of contract between the principal and the commercial agent, to the requirements of this Directive,HAS ADOPTED THIS DIRECTIVE:CHAPTER IScopeArticle 11. The harmonization measures prescribed by this Directive shall apply to the laws, regulations and administrative provisions of the Member States governing the relations between commercial agents and their principals.2. For the purposes of this Directive, 'commercial agent' shall mean a self-employed intermediary who has continuing authority to negotiate the sale or the purchase of goods on behalf of another person, hereinafter called the 'principal', or to negotiate and conclude such transactions on behalf of and in the name of that principal.3. A commercial agent shall be understood within the meaning of this Directive as not including in particular: - a person who, in his capacity as an officer, is empowered to enter into commitments binding on a company or association, - a parter who is lawfully authorized to enter into commitments binding on his partners, - a receiver, a receiver and manager, a liquidator or a trustee in bankruptcy.Article 21. This Directive shall not apply to:- commercial agents whose activities are unpaid, - commercial agents when they operate on commodity exchanges or in the commodity market, or- the body known is the Crown Agents for Overseas Governments and Administrations, as set up under the Crown Agents Act 1979 in the United Kingdom, or its subsidiaries.2. Each of the Member States shall have the right to provide that the Directive shall not apply to those persons whose activities as commercial agents are considered secondary by the law of that Member State.CHAPTER IIRights and obligationsArticle 31. In performing has activities a commercial agent must look after his principal's interests and act dutifully and in good faith.2. In particular, a commercial agent must:(a) make proper efforts to negotiate and, where appropriate, conclude the transactions he is instructed to take care of;(b) communicate to his principal all the necessary information available to him;(c) comply with reasonable instructions given by his principal.Article 41. In his relations with his commercial agent a principal must act dutifully and in good faith.2. A principal must in particular:(a) provide his commercial agent with the necessary documentation relating to the goods concerned;(b) obtain for his commercial agent the information necessary for the performance of the agency contract, and in particular notify the commercial agent within a reasonable period once he anticipates that the volume of commercial transactions will be significantly lower than that which the commercial agent could normally have expected.3. A principal must, in addition, inform the commercial agent within a reasonable period of his acceptance, refusal, and of any non-execution of a commercial transaction which the commercial agent has procured for the principal.Article 5The parties may not derogate from the provisions of Articles 3 and 4.CHAPTER IIIRemunerationArticle 61. In the absence of any agreement on this matter between the parties, and without prejudice to the application of the compulsory provisions of the Member States concerning the level of remuneration, a commercial agent shall be entitled to the remuneration that commercial agents appointed for the goods forming the subject of his agency contract are customarily allowed in the place where he carries on his activities. If there is no such customary practice a commercial agent shall be entitled to reasonable remuneration taking into account all the aspects of the transaction.2. Any part of the remuneration which varies with the number or value of business transactions shall be deemed to be commission within the meaning of this Directive.3. Articles 7 to 12 shall not apply if the commercial agent is not remunerated wholly or in part by commission.Article 71. A commercial agent shall be entitled to commission on commercial transactions concluded during the period covered by the agency contract:(a) where the transaction has been concluded as a result of his action; or(b) where the transaction is concluded with a third party whom he has previously acquired as a customer for transactions of the same kind.2. A commercial agent shall also be entitled to commission on transactions concluded during the period covered by the agency contract: - either where he is entrusted with a specific geographical area or group of customers, - or where he has an exclusive right to a specific geographical area or group of customers,and where the transaction has been entered into with a customer belonging to that area or group.Member State shall include in their legislation one of the possibilities referred to in the above two indents.Article 8A commercial agent shall be entitled to commission on commercial transactions concluded after the agency contract has terminated:(a) if the transaction is mainly attributable to the commercial agent's efforts during the period covered by the agency contract and if the transaction was entered into within a reasonable period after that contract terminated; or(b) if, in accordance with the conditions mentioned in Article 7, the order of the third party reached the principal or the commercial agent before the agency contract terminated.Article 9A commercial agent shall not be entitled to the commission referred to in Article 7, if that commission is payable, pursuant to Article 8, to the previous commercial agent, unless it is equitable because of the circumstances for the commission to be shared between the commercial agents.Article 101. The commission shall become due as soon as and to the extent that one of the following circumstances obtains:(a) the principal has executed the transaction; or(b) the principal should, according to his agreement with the third party, have executed the transaction; or(c) the third party has executed the transaction.2. The commission shall become due at the latest when the third party has executed his part of the transaction or should have done so if the principal had executed his part of the transaction, as he should have.3. The commission shall be paid not later than on the last day of the month following the quarter in which it became due.4. Agreements to derogate from paragraphs 2 and 3 to the detriment of the commercial agent shall not be permitted.Article 111. The right to commission can be extinguished only if and to the extent that:- it is established that the contract between the third party and the principal will not be executed, and- that face is due to a reason for which the principal is not to blame.2. Any commission which the commercial agent has already received shall be refunded if the right to it is extinguished.3. Agreements to derogate from paragraph 1 to the detriment of the commercial agent shall not be permitted.Article 121. The principal shall supply his commercial agent with a statement of the commission due, not later than the last day of the month following the quarter in which the commission has become due. This statement shall set out the main components used in calculating the amount of commission.2. A commercial agent shall be entitled to demand that he be provided with all the information, and in particular an extract from the books, which is available to his principal and which he needs in order to check the amount of the commission due to him.3. Agreements to derogate from paragraphs 1 and 2 to the detriment of the commercial agent shall not be permitted.4. This Directive shall not conflict with the internal provisions of Member States which recognize the right of a commercial agent to inspect a principal's books.CHAPTER IVConclusion and termination of the agency contractArticle 131. Each party shall be entitled to receive from the other on request a signed written document setting out the terms of the agency contract including any terms subsequently agreed. Waiver of this right shall not be permitted.2. Notwithstanding paragraph 1 a Member State may provide that an agency contract shall not be valid unless evidenced in writing.Article 14An agency contract for a fixed period which continues to be performed by both parties after that period has expired shall be deemed to be converted into an agency contract for an indefinite period.Article 151. Where an agency contract is concluded for an indefinite period either party may terminate it by notice.2. The period of notice shall be one month for the first year of the contract, two months for the second year commenced, and three months for the third year commenced and subsequent years. The parties may not agree on shorter periods of notice.3. Member States may fix the period of notice at four months for the fourth year of the contract,five months for the fifth year and six months for the sixth and subsequent years. They may decide that the parties may not agree to shorter periods.4. If the parties agree on longer periods than those laid down in paragraphs 2 and 3, the period of notice to be observed by the principal must not be shorter than that to be observed by the commercial agent.5. Unless otherwise agreed by the parties, the end of the period of notice must coincide with the end of a calendar month.6. The provision of this Article shall apply to an agency contract for a fixed period where it is converted under Article 14 into an agency contract for an indefinite period, subject to the proviso that the earlier fixed period must be taken into account in the calculation of the period of notice.Article 16Nothing in this Directive shall affect the application of the law of the Member States where the latter provides for the immediate termination of the agency contract:(a) because of the failure of one party to carry out all or part of his obligations;(b) where exceptional circumstances arise.Article 171. Member States shall take the measures necessary to ensure that the commercial agent is, after termination of the agency contract, indemnified in accordance with paragraph 2 or compensated for damage in accordance with paragraph 3.2. (a) The commercial agent shall be entitled to an indemnity if and to the extent that: - he has brought the principal new customers or has significantly increased the volume of business with existing customers and the principal continues to derive substantial benefits from the business with such customers, and- the payment of this indemnity is equitable having regard to all the circumstances and, in particular, the commission lost by the commercial agent on the business transacted with such customers. Member States may provide for such circumstances also to include the application or otherwise of a restraint of trade clause, within the meaning of Article 20;(b) The amount of the indemnity may not exceed a figure equivalent to an indemnity for one year calculated from the commercial agent's average annual remuneration over the preceding five years and if the contract goes back less than five years the indemnity shall be calculated on the average for the period in question;(c) The grant of such an indemnity shall not prevent the commercial agent from seeking damages.3. The commercial agent shall be entitled to compensation for the damage he suffers as a result of the termination of his relations with the principal.Such damage shall be deemed to occur particularly when the termination takes place in circumstances: - depriving the commercial agent of the commission which proper performance of the agency contract would have procured him whilst providing the principal with substantial benefits linked to the commercial agent's activities, - and/or which have not enabled the commercial agent to amortize the costs and expenses that he had incurred for the performance of the agency contract on the principal's advice.4. Entitlement to the indemnity as provided for in paragraph 2 or to compensation for damage as provided for under paragraph 3, shall also arise where the agency contract is terminated as a result of the commercial agent's death.5. The commercial agent shall lose his entitlement to the indemnity in the instances provided for in paragraph 2 or to compensation for damage in the instances provided for in paragraph 3, if within one year following termination of the contract he has not notified the principal that he intends pursuing his entitlement.6. The Commission shall submit to the Council, within eight years following the date of notification of this Directive, a report on the implementation of this Article, and shall if necessary submit to it proposals for amendments.Article 18The indemnity or compensation referred to in Article 17 shall not be payable:(a) where the principal has terminated the agency contract because of default attributable to the commercial agent which would justify immediate termination of the agency contract under national law;(b) where the commercial agent has terminated the agency contract, unless such termination is justified by circumstances attributable to the principal or on grounds of age, infirmity or illness of the commercial agent in consequence of which he cannot reasonably be required to continue his activities;(c) where, with the agreement of the principal, the commercial agent assigns his rights and duties under the agency contract to another person.Article 19The parties may not derogate from Articles 17 and 18 to the detriment of the commercial agent before the agency contract expires.Article 201. For the purposes of this Directive an agreement restricting the business activities of a commercial agent following termination of the agency contract is hereinafter referred to as a restraint of trade clause.2. A restraint of trade clause shall be valid only if and to the extent that:(a) it is concluded in writing; and(b) it relates to the geographical area or the group of customers and the geographical area entrusted to the commercial agent and to the kind of goods covered by his agency under the contract.3. A restraint of trade clause shall be valid for not more than two years after termination of the agency contract.4. This Article shall not affect provisions of national law which impose other restrictions on the validity or enforceability of restraint of trade clauses or which enable the courts to reduce the obligations on the parties resulting from such an agreement.CHAPTER VGeneral and final provisionsArticle 21Nothing in this Directive shall require a Member State to provide for the disclosure of information where such disclosure would be contrary to public policy.Article 221. Member States shall bring into force the provisions necessary to comply with this Directive before 1 January 1990. They shall for with inform the Commission thereof. Such provisions shall apply at least to contracts concluded after their entry into force. They shall apply to contracts in operation by 1 January 1994 at the latest.2. As from the notification of this Directive, Member States shall communicate to the Commission the main laws, regulations and administrative provisions which they adopt in the field governed by this Directive.3. However, with regard to Ireland and the United Kingdom, 1 January 1990 referred to in paragraph 1 shall be replaced by 1 January 1994.With regard to Italy, 1 January 1990 shall be replaced by 1 January 1993 in the case of the obligations deriving from Article 17.Article 23This Directive is addressed to the Member States.Done et Brussels, 18 December 1986.For the CouncilThe PresidentM.JOPLING