Avis juridique important

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31972L0464

Council Directive 72/464/EEC of 19 December 1972 on taxes other than turnover taxes which affect the consumption of manufactured tobacco

Official Journal L 303 , 31/12/1972 P. 0001 - 0033 Finnish special edition: Chapter 9 Volume 1 P. 0022  English special edition: Series I Chapter 1972(31.12)L303 P. 0003  Swedish special edition: Chapter 9 Volume 1 P. 0022  Greek special edition: Chapter 09 Volume 1 P. 0035  Spanish special edition: Chapter 09 Volume 1 P. 0039  Portuguese special edition Chapter 09 Volume 1 P. 0039

COUNCIL DIRECTIVE  of 19 December 1972  on taxes other than turnover taxes which affect the consumption of manufactured tobacco  (72/464/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES  Having regard to the Treaty establishing the European Economic Community and in particular Articles 99 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the Opinion of the European Parliament,  Having regard to the Opinion of the Economic and Social Committee,  Whereas the objective of the Treaty is to establish an economic union within which there is healthy competition and whose characteristics are similar to those of a domestic market ; and, as regards manufactured tobacco, achievement of this aim presupposes that the application in the Member States of taxes affecting the consumption of products in this sector does not distort conditions of competition and does not impede their free movement within the Community;  Whereas the taxes which at present affect the consumption of manufactured tobacco do not meet these requirements since these taxes are not neutral from the point of view of competition and often constitute serious obstacles to the interpenetration of markets;  Whereas it is therefore in the interest of the Common Market that the rules for taxes affecting the consumption of manufactured tobacco should be harmonized, in order progressively to eliminate from the present systems those factors which are likely to hinder free movement and distort the conditions of competition, whether at national level or at Community level;  Whereas the Council Directives of 11 April 1967 1 concern the harmonization of turnover taxes;  Whereas, as far as excise duties are concerned, harmonization of structures must, among other things, result in competition in the different categories of manufactured tobacco belonging to the same group not being distorted by the effects of the charging of the tax and, consequently, in the opening of the national markets of the Member States;  Whereas, as regards cigarettes, the abovementioned objective is best achieved by a system which provides for a degression in the incidence of the tax and whereas for this purpose, the tax imposed on these products should consist of a proportional excise duty combined with a specific excise duty, the amount of which is fixed by each Member State in accordance with Community criteria;  Whereas the structures for excise duties on manufactured tobacco should be harmonized by stages;  Whereas the imperative needs of competition imply a system of freely formed prices for all groups of manufactured tobacco;  HAS ADOPTED THIS DIRECTIVE:    TITLE I General principles  Article 1 1. The structure of the excise duty to which the Member States subject manufactured tobacco shall be harmonized in several stages.  1OJ No 71, 14.4.1967, pp. 1301/67 and 1303/67.   2. This Directive lays down general principles for this harmonization, as well as the special criteria applicable during the first stage of harmonization.  3. On the basis of Articles 99 and 100 of the Treaty, the Council shall, at least one year before the expiry of the period provided for in Article 7 (1), adopt a Directive laying down the special criteria applicable during the following stage or stages.  4. The transition from one stage of harmonization to the next shall be decided on by the Council on a proposal from the Commission, taking into account the effects produced during the stage in progress by the measures introduced by the Member States into their system of excise duties in order to comply with the provisions applicable during that stage. The transition from one stage to the next may be deferred especially if it is likely to involve disproportionate losses of revenue for a Member State.   Article 2 The Member States shall refrain from subjecting manufactured tobacco to any tax other than the excise duty referred to in Article 1 and the value added tax provided for in the Council Directive of 11 April 1967. 1   Article 3 1. The following shall be considered to be manufactured tobacco:    (a) cigarettes       (b) cigars and cigarillos       (c) smoking tobacco       (d) snuff       (e) chewing tobacco.         2. The Council shall, on a proposal from the Commission, adopt the provisions necessary to determine the way in which manufactured tobacco should be defined and classified in groups.   Article 4 1. In each Member State national and imported cigarettes shall be subjected to a proportional excise duty calculated on the maximum retail selling price, including Custom-duties, and also to a specific excise duty cals culated per unit of the product.  2. The rate of the proportional excise duty and the amount of the specific excise duty must be the same for all cigarettes.  3. At the final stage of harmonization of structures, the same ratio shall be established for cigarettes in all Member States between the proportional excise duty and the specific excise duty, in such a way that the range of retail selling prices reflects fairly the difference in the manufacturers' delivery prices.  4. Where necessary, the excise duty on cigarettes may include a minimum tax component, the ceiling for which shall be determined for each stage by the Council on a proposal from the Commission.   Article 5 1. Manufacturers and importers shall be free to determine the maximum retail selling price for each of their products. This provision may not, however, hinder implementation of the national systems of legislation regarding the control of price levels or the observance of imposed prices.  2. However, in order to facilitate the levying of the excise duty, the Member States may, for each group of manufactured tobacco, fix a scale of retail selling prices on condition that each scale has sufficient scope and variety to correspond in fact with the variety of Community products. Each scale shall be valid for all the products belonging to the group of manufactured tobacco which it concerns, without distinction on the basis of quality, presentation, the origin of the products or of the materials used, the characteristics of the undertakings or of any other criterion.   Article 6 1. At the final stage at the latest the rules for collecting the excise duty shall be harmonized. During the preceding stages the excise duty shall, in principle, be collected by means of tax stamps. If they collect the excise duty by means of tax stamps, the Member States shall be obliged to make these stamps available to manufacturers and dealers in the other Member States. If they collect the excise duty by other means, the Member States shall ensure that no obstacle, either administrative or technical, affects trade between the Member States on that account.  1OJ No 71, 14.4.1967, p. 1301/67.   2. Importers and national manufacturers of manufactured tobacco shall be subject to the same system as regards the detailed rules for levying and paying the excise duty.   TITLE II Special provisions applicable during the first stage of harmonization  Article 7 1. Subject to Article 1 (4), the first stage of harmonization of the structures of the excise duty on manufactured tobacco shall cover a period of 24 months from 1 July 1973.  2. During this first stage of harmonization Articles 8 to 10 shall be applicable.   Article 8 1. The amount of the specific excise duty levied on cigarettes shall be established for the first time by reference to cigarettes in the most popular price category according to the data available on 1 January 1973.  2. Without prejudice to the solution to be finally adopted regarding the ratio between the specific component and the proportional component, this amount may not be lower than 5 % or higher than 75 % of the aggregate amount of the proportional excise duty and the specific excise duty levied on these cigarettes.  3. If the excise duty on the price class referred to above is amended after 1 January 1973, the amount of the specific excise duty shall be established by reference to the new tax burden on the cigarettes referred to in paragraph 1.   Article 9 In derogation from Article 4 (1), each Member State may exclude Customs duties from the basis of calculation of the proportional excise duty on cigarettes.   Article 10 The Member States may levy on cigarettes a minimum excise duty the amount of which may not, however, be higher than 90 % of the aggregate amount of the proportional excise duty and the specific excise duty which they levy on the cigarettes referred to at Article 8 (1).   TITLE III Final provisions  Article 11 Where necessary, the Council shall, on a proposal from the Commission, adopt provisions for the application of this Directive.   Article 12 1. The Member States shall bring into force the provisions laid down by law, regulation or administrative action necessary to comply with the provisions of this Directive not later than 1 July 1973, and shall inform the Commission immediately that they have done so.  2. The 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 13 This Directive is addressed to the Member States.     Done at Brussels, 19 December 1972.  For the Council  The President  T. WESTERTERP            ADDITIONAL AGREEMENT  Concerning the validity, for the Principality of Liechtenstein, of the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972      THE EUROPEAN ECONOMIC COMMUNITY,  THE SWISS CONFEDERATION,  THE PRINCIPALITY OF LIECHTENSTEIN,  Whereas by the Treaty of 29 March 1923 the Principality of Liechtenstein and Switzerland constitute a customs union and whereas that Treaty does not confer validity for the Principality of Liechtenstein on all the provisions of the Agreement between the European Economic Community and the Swiss Confederation signed on 22 July 1972;  Whereas the Principality of Liechtenstein has expressed the desire that all the provisions of that Agreement should apply to it,  HAVE AGREED AS FOLLOWS:    Article 1 The Agreement between the European Economic Community and the Swiss Confederation signed on 22 July 1972 shall likewise apply to the Principality of Liechtenstein.   Article 2 For the purpose of implementing the Agreement referred to in Article 1 and without modifying its bilateral nature between the Community and Switzerland, the Principality of Liechtenstein may cause its interests to be represented through a representative within the Swiss delegation to the Joint Committee.   Article 3 This additional Agreement will be approved by Switzerland, the Principality of Liechtenstein and the Community in accordance with their own procedures. It shall enter into force at the same time as the Agreement referred to in Article 1 and shall continue to apply for so long as the Treaty of 29 March 1923 remains in force.     Udfærdiget i Bruxelles, den toogtyvende juli nitten hundrede og tooghalvfjerds.  Geschehen zu Brüssel am zweiundzwanzigsten Juli neunzehnhundertzweiundsiebzig.  Done at Brussels on this twenty-second day of July in the year one thousand nine hundred and seventy-two.  Fait à Bruxelles, le vingt-deux juillet mil neuf cent soixante-douze.  Fatto a Bruxelles, il ventidue luglio millenovecentosettantadue.  Gedaan te Brussel, de tweeëntwintigste juli negentienhonderdtweeënzeventig.  Utferdiget i Brussel, tjueandre juli nitten hundre og syttito.   På Rådet for De europæiske Fællesskabers vegne  Im Namen des Rates der Europäischen Gemeinschaften  In the name of the Council of the European Communities  Au nom du Conseil des Communautés européennes  A nome del Consiglio delle Comunità europee  Namens de Raad van de Europese Gemeenschappen  For Rådet for De Europeiske Fellesskap >PIC FILE= "T0010761">              AGREEMENT  between the European Economic Community  and the Swiss Confederation      THE EUROPEAN ECONOMIC COMMUNITY,  of the one part, and  THE SWISS CONFEDERATION,  of the other part,  DESIRING to consolidate and to extend, upon the enlargement of the European Economic Community, the economic relations existing between the Community and Switzerland and to ensure, with due regard for fair conditions of competition, the harmonious development of their commerce for the purpose of contributing to the work of constructing Europe,  RESOLVED to this end to eliminate progressively the obstacles to substantially all their trade, in accordance with the provisions of the General Agreement on Tariffs and Trade concerning the establishment of free trade areas,  DECLARING their readiness to examine, in the light of any relevant factor, and in particular of developments in the Community, the possibility of developing and deepening their relations where it would appear to be useful in the interests of their economies to extend them to fields not covered by this Agreement,  HAVE DECIDED, in pursuit of these objectives and considering that no provision of this Agreement may be interpreted as exempting the Contracting Parties from the obligations which are incumbent upon them under other international agreements,  TO CONCLUDE THIS AGREEMENT:    Article 1 The aim of this Agreement is:    (a) to promote through the expansion of reciprocal trade the harmonious development of economic relations between the European Economic Community and the Swiss Confederation and thus to foster in the Community and in Switzerland the advance of economic activity, the improvement of living and employment conditions, and increased productivity and financial stability,       (b) to provide fair conditions of competition for trade between the Contracting Parties,       (c) to contribute in this way, by the removal of barriers to trade, to the harmonious development and expansion of world trade.          Article 2 The Agreement shall apply to products originating in the Community or Switzerland:    (i) which fall within Chapters 25 to 99 of the Brussels Nomenclature excluding the products listed in Annex I;       (ii) which are specified in Protocol No 2, with due regard to the arrangements provided for in that Protocol.          Article 3 1. No new customs duty on imports shall be introduced in trade between the Community and Switzerland.  2. Customs duties on imports shall be progressively abolished in accordance with the following timetable:    (a) on 1 April 1973 each duty shall be reduced to 80 % of the basic duty;       (b) four further reductions of 20 % each shall be made on:  1 January 1974,  1 January 1975,  1 January 1976,  1 July 1977.           Article 4 1. The provisions concerning the progressive abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.  The Contracting Parties may replace a customs duty of a fiscal nature or the fiscal element of a customs duty by an internal tax.  2. Denmark, Ireland, Norway and the United Kingdom may retain until 1 January 1976 a customs duty of a fiscal nature or the fiscal element of a customs duty in the event of implementation of Article 38 of the "Act concerning the Conditions of Accession and the Adjustments to the Treaties" drawn up and adopted within the Conference between the European Communities and the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland.  3. Switzerland may retain temporarily, while observing the conditions of Article 18, duties corresponding to the fiscal element contained in customs duties on imports of products specified in Annex II.  The Joint Committee provided for in Article 29 shall examine whether the conditions set out in the preceding subparagraph are being met, particularly where a change has been made in the amount of the fiscal element.  The Joint Committee shall examine the position with a view to the conversion of such duties into internal charges before 1 January 1980 or before any other date which it might determine in the light of circumstances.   Article 5 1. The basic duty to which the successive reductions provided for in Article 3 and in Protocol No 1 are to be applied shall, for each product, be the duty actually applied on 1 January 1972.  2. If, after 1 January 1972, any tariff reductions resulting from the tariff agreements concluded as a result of the Trade Conference held in Geneva from 1964 to 1967 become applicable, such reduced duties shall replace the basic duties referred to in paragraph 1.  3. The reduced duties calculated in accordance with Article 3 and Protocol No 1 shall be applied rounded to the first decimal place.  Subject to the application by the Community of Article 39 (5) of the "Act concerning the Conditions of Accession and the Adjustments to the Treaties" drawn up and adopted within the Conference between the European Communities and the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, as regards the specific duties or the specific part of the mixed duties in the Irish Customs Tariff, Article 3 and Protocol No 1 shall be applied, with rounding to the fourth decimal place.   Article 6 1. No new charge having an effect equivalent to a customs duty on imports shall be introduced in trade between the Community and Switzerland.  2. Charges having an effect equivalent to customs duties on imports introduced on or after 1 January 1972 in trade between the Community and Switzerland shall be abolished upon the entry into force of the Agreement.  Any charge having an effect equivalent to a customs duty on imports, the rate of which on 31 December 1972 is higher than that actually applied on 1 January 1972 shall be reduced to the latter rate upon the entry into force of the Agreement.  3. Charges having an effect equivalent to customs duties on imports shall be progressively abolished in accordance with the following timetable:    (a) by 1 January 1974 at the latest each charge shall be reduced to 60 % of the rate applied on 1 January 1972;       (b) three further reductions of 20 % each shall be made on:  1 January 1975,  1 January 1976,  1 July 1977.          Article 7 1. No customs duty on exports or charge having equivalent effect shall be introduced in trade between the Community and Switzerland.  Customs duties on exports and charges having equivalent effect shall be abolished not latter than 1 January 1974.  2. In the case of products listed in Annex III, the Contracting Parties may take, in such manner as they shall determine, the measures they consider necessary to implement their supply policies.    Article 8 Protocol No 1 lays down the tariff treatment and arrangements applicable to certain products.   Article 9 Protocol No 2 lays down the tariff treatment and arrangements applicable to certain goods obtained by processing agricultural products.   Article 10 1. In the event of specific rules being established as or of any alteration of the current rules the Contracting Party in question may adapt the arrangements resulting from this Agreement in respect of the products which are the subject of those rules or alterations.  2. In such cases the Contracting Party in question shall take due account of the interests of the other Contracting Party. To this end the Contracting Parties may consult each other within the Joint Committee.   Article 11 Protocol No 3 lays down the rules of origin.   Article 12 A Contracting Party which is considering the reduction of the effective level of its duties or charges having equivalent effect applicable to third countries benefiting from most favoured-nation treatment, or which is considering the suspension of their application, shall, as far as may be practicable, notify the Joint Committee not less than thirty days before such reduction or suspension comes into effect. It shall take note of any representations by the other Contracting Party regarding any distortions which might result therefrom.   Article 13 1. No new quantitative restriction on imports or measures having equivalent effect shall be introduced in trade between the Community and Switzerland.  2. Quantitative restrictions on imports shall be abolished on 1 January 1973 and any measures having an effect equivalent to quantitative restrictions on imports shall be abolished not later than 1 January 1975.   Article 14 1. The Community reserves the right to modify the arrangements applicable to the petroleum products falling within heading Nos 27.10, 27.11, 27.12, ex 27.13 (paraffin wax, micro-crystalline wax, or bituminous shale and other mineral waxes) and 27.14 of the Brussels Nomenclature upon adoption of a common definition of origin for petroleum products, upon adoption of decisions under the common commercial policy for the products in question or upon establishment of a common energy policy.  In this event the Community shall take due account of the interests of Switzerland ; to this end it shall inform the Joint Committee, which shall meet under the conditions set out in Article 31.  2. Switzerland reserves the right to take similar action should it be faced with like situations.  3. Subject to paragraphs 1 and 2, the Agreement shall not prejudice the non-tariff rules applied to imports of petroleum products.   Article 15 1. The Contracting Parties declare their readiness to foster, so far as their agricultural policies allow, the harmonious development of trade in agricultural products to which the Agreement does not apply.  2. The Contracting Parties shall apply their agricultural rules in veterinary, health and plant health matters in a non-discriminatory fashion and shall not introduce any new measures that have the effect of unduly obstructing trade.  3. The Contracting Parties shall examine, under the conditions set out in Article 31, any difficulties that might arise in their trade in agricultural products and shall endeavour to seek appropriate solutions.   Article 16 From 1 July 1977 products originating in Switzerland may not enjoy more favourable treatment when imported into the Community than that applied by the Member States of the Community between themselves.   Article 17 The Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas  or arrangements for frontier trade, except in so far as they alter the trade arrangements provided for in the Agreement, in particular the provisions concerning rules of origin.   Article 18 The Contracting Parties shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Contracting Party and like products originating in the territory of the other Contracting Party.  Products exported to the territory of one of the Contracting Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them.   Article 19 Payments relating to trade in goods and the transfer of such payments to the Member State of the Community in which the creditor is resident or to Switzerland shall be free from any restrictions.  The Contracting Parties shall refrain from any exchange or administrative restrictions on the grant, repayment or acceptance of short- and medium-term credits covering commercial transactions in which a resident participates.   Article 20 The Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, law and order or public security, the protection of life and health of humans, animals or plants, the protection of national treasures of artistic, historic or archaeological value, the protection of industrial and commercial property, or rules relating to gold or silver. Such prohibitions or restrictions must not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties.   Article 21 Nothing in the Agreement shall prevent a Contracting Party from taking any measures:    (a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;       (b) which relate to trade in arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;       (c) which it considers essential to its own security in time of war or serious international tension.          Article 22 1. The Contracting Parties shall refrain from any measure likely to jeopardize the fulfilment of the objectives of the Agreement.  2. They shall take any general or specific measures required to fulfil their obligations under the Agreement.  If either Contracting Party considers that the other Contracting Party has failed to fulfil an obligation under the Agreement, it may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 27.   Article 23 1. The following are incompatible with the proper functioning of the Agreement in so far as they may affect trade between the Community and Switzerland:    (i) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition as regards the production of or trade in goods;       (ii) abuse by one or more undertakings of a dominant position in the territories of the Contracting Parties as a whole or in a substantial part thereof;       (iii) any public aid which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods.         2. Should a Contracting Party consider that a given practice is incompatible with this Article, it may take  appropriate measures under the conditions and in accordance with the procedures laid down in Article 27.   Article 24 Where an increase in imports of a given product is or is likely to be seriously detrimental to any production activity carried on in the territory of one of the Contracting Parties and where this increase is due to:    (i) the partial or total reduction in the importing Contracting Party, as provided for in the Agreement, of customs duties and charges having equivalent effect levied on the product in question ; and (ii) the fact that the duties or charges having equivalent effect levied by the exporting Contracting Party on imports of raw materials or intermediate products used in the manufacture of the product in question are significantly lower than the corresponding duties or charges levied by the importing Contracting Party;         the Contracting Party concerned may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 27.   Article 25 If one of the Contracting Parties finds that dumping is taking place in trade with the other Contracting Party, it may take appropriate measures against this practice in accordance with the Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade, under the conditions and in accordance with the procedures laid down in Article 27.   Article 26 If serious disturbances arise in any sector of the economy or if difficulties arise which could bring about serious deterioration in the economic situation of a region, the Contracting Party concerned may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 27.   Article 27 1. In the event of a Contracting Party subjecting imports of products liable to give rise to the difficulties referred to in Articles 24 and 26 to an administrative procedure, the purpose of which is to provide rapid information on the trend of trade flows, it shall inform the other Contracting Party.  2. In the cases specified in Articles 22 to 26, before taking the measures provided for therein or, in cases to which paragraph 3 (d) applies, as soon as possible the Contracting Party in question shall supply the Joint Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Contracting Parties.  In the selection of measures, priority must be given to those which least disturb the functioning of the Agreement.  The safeguard measures shall be notified immediately to the Joint Committee and shall be the subject of periodical consultations within the Committee, particularly with a view to their abolition as soon as circumstances permit.  3. For the implementation of paragraph 2, the following provisions shall apply:    (a) As regards Article 23, either Contracting Party may refer the matter to the Joint Committee if it considers that a given practice is incompatible with the proper functioning of the Agreement within the meaning of Article 23 (1).  The Contracting Parties shall provide the Joint Committee with all relevant information and shall give it the assistance it requires in order to examine the case and, where appropriate, to eliminate the practice objected to.  If the Contracting Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee, or in the absence of agreement in the Joint Committee within three months of the matter being referred to it, the Contracting Party concerned may adopt any safeguard measures it considers necessary to deal with the serious difficulties resulting from the practices in question ; in particular it may withdraw tariff concessions.       (b) As regards Article 24, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Joint Committee, which may take any decision needed to put an end to such difficulties.   If the Joint Committee or the exporting Contracting Party has not taken a decision putting an end to the difficulties within thirty days of the matter being referred, the importing Contracting Party is authorized to levy a compensatory charge on the product imported.  The compensatory charge shall be calculated according to the incidence on the value of the goods in question of the tariff disparities in respect of the raw materials or intermediate products incorporated therein.       (c) As regards Article 25, consultation in the Joint Committee shall take place before the Contracting Party concerned takes the appropriate measures.       (d) Where exceptional circumstances requiring immediate action make prior examination impossible, the Contracting Party concerned may, in the situations specified in Articles 24, 25 and 26 and also in the case of export aids having a direct and immediate incidence on trade, apply forthwith the precautionary measures strictly necessary to remedy the situation.          Article 28 Where one or more Member States of the Community or Switzerland is in difficulties or is seriously threatened with difficulties as regards its balance of payments, the Contracting Party concerned may take the necessary safeguard measures. It shall inform the other Contracting Party forthwith.   Article 29 1. A Joint Committee is hereby established, which shall be responsible for the administration of the Agreement and shall ensure its proper implementation. For this purpose, it shall make recommendations and take decision in the cases provided for in the Agreement. These decisions shall be put into effect by the Contracting Parties in accordance with their own rules.  2. For the purpose of the proper implementation of the Agreement the Contracting Parties shall exchange information and, at the request of either Party, shall hold consultations within the Joint Committee.  3. The Joint Committee shall adopt its own rules of procedure.   Article 30 1. The Joint Committee shall consist of representatives of the Community, on the one hand, and of representatives of Switzerland, on the other.  2. The Joint Committee shall act by mutual agreement.   Article 31 1. Each Contracting Party shall preside in turn over the Joint Committee, in accordance with the arrangements to be laid down in its rules of procedure.  2. The Chairman shall convene meetings of the Joint Committee at least once a year in order to review the general functioning of the Agreement.  The Joint Committee shall, in addition meet whenever special circumstances so require, at the request of either Contracting Party, in accordance with the conditions to be laid down in its rules of procedure.  3. The Joint Committee may decide to set up any working party that can assist it in carrying out its duties.   Article 32 1. Where Contracting Party considers that it would be useful in the interests of the economies of both Contracting Parties to develop the relations established by the Agreement by extending them to fields not covered thereby, it shall submit a reasoned request to the other Contracting Party.  The Contracting Parties may instruct the Joint Committee to examine this request and, where appropriate, to make recommendations to them, particularly with a view to opening negotiations.  2. The agreements resulting from the negotiations referred to in paragraph 1 will be subject to ratification or approval by the Contracting Parties in accordance with their own procedures.   Article 33 The Annexes and Protocols to the Agreement shall form an integral part thereof.    Article 34 Either Contracting Party may denounce the Agreement by notifiying the other Contracting Party. The Agreement shall cease to be in force twelve months after the date of such notification.   Article 35 The Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Economic Community applies upon the terms laid down in that Treaty and, on the other, to the territory of the Swiss Confederation.   Article 36 This Agreement is drawn up in duplicate, in the Danish, Dutch, English, French, German, Italian, and Norwegian languages, each of these texts being equally authentic.  This Agreement will be approved by the Contracting Parties in accordance with their own procedures.  It shall enter into force on 1 January 1973 provided that the Contracting Parties have notified each other before that date that the procedures necessary to this end have been completed.  After this date this Agreement shall enter into force on the first day of the second month following such notification. The final date for such notification shall be 30 November 1973.  The provisions applicable on 1 April 1973 shall be applied upon the entry into force of this Agreement if it enters into force after that date.     Udfærdiget i Bruxelles, den toogtyvende juli nitten hundrede og tooghalvfjerds.  Geschehen zu Brüssel am zweiundzwanzigsten Juli neunzehnhundertzweiundsiebzig.  Done at Brussels on this twenty-second day of July in the year one thousand nine hundred and seventy-two.  Fait à Bruxelles, le vingt-deux juillet mil neuf cent soixante-douze.  Fatto a Bruxelles, il ventidue luglio millenovecentosettantadue.  Gedaan te Brussel, de tweeëntwintigste juli negentienhonderdtweeënzeventig.  Utferdiget i Brussel, tjueandre juli nitten hundre og syttito.   På Rådet for De europæiske Fællesskabers vegne  Im Namen des Rates der Europäischen Gemeinschaften  In the name of the Council of the European Communities  Au nom du Conseil des Communautés européennes  A nome del Consiglio delle Comunità europee  Namens de Raad van de Europese Gemeenschappen  For Rådet for De Europeiske Fellesskap >PIC FILE= "T0010762">      ANNEX I List of products referred to in Article 2 of the Agreement  >PIC FILE= "T0010763">    ANNEX II List of products referred to in Article 4 of the Agreement   >PIC FILE= "T0010764">   >PIC FILE= "T0010765">    >PIC FILE= "T0010766">     ANNEX III List of products referred to in Article 7 of the Agreement   >PIC FILE= "T0010767">


Avis juridique important

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31995L0059

Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco

Official Journal L 291 , 06/12/1995 P. 0040 - 0045

COUNCIL DIRECTIVE 95/59/EC of 27 November  1995 on taxes other than turnover taxes which affect the consumption of manufactured tobaccoTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 99  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), (1)  Whereas Council Directive 72/464/EEC of 19 December 1972 on taxes other than turnover taxes  which affect the consumption of manufactured tobacco  (3) and Second Council Directive 79/32/EEC of  18 December 1978 on taxes other than turnover taxes which affect the consumption of manufactured  tobacco  (4) have been amended substantially and on a number of occasions; whereas for reasons of  rationality and clarity the said Directives should be consolidated in a single text; (2)  Whereas the objective of the Treaty is to establish an economic union within which there is  healthy competition and whose characteristics are similar to those of a domestic market; and, as  regards manufactured tobacco, achievement of this aim presupposes that the application in the  Member States of taxes affecting the consumption of products in this sector does not distort  conditions of competition and does not impede their free movement within the Community; (3)  Whereas, as far as excise duties are concerned, harmonization of structures must, in  particular, result in competition in the different categories of manufactured tobacco belonging to  the same group not being distorted by the effects of the charging of the tax and, consequently, in  the opening of the national markets of the Member States; (4)  Whereas the structure of the excise duty on cigarettes must include, in addition to a specific  component calculated per unit of the product, a proportional component based on the retail selling  price, inclusive of all taxes; whereas the turnover tax on cigarettes has the same effect as a  proportional excise duty and this fact should be taken into account when the ratio between the  specific component of the excise duty and the total tax burden is being established; (5)  Whereas, as regards cigarettes, the abovementioned objective is best achieved by a system  which provides for a degression in the incidence of the tax and whereas for this purpose, the tax  imposed on these products should consist of a proportional excise duty combined with a specific  excise duty, the amount of which is fixed by each Member State in accordance with Community  criteria; (6)  Whereas the structures for excise duties on manufactured tobacco should be harmonized by  stages; (7)  Whereas the imperative needs of competition imply a system of freely formed prices for all  groups of manufactured tobacco; (8)  Whereas there are several types of manufactured tobacco, distinguished by their  characteristics and by the way in which they are used; (9)  Whereas these different types of manufactured tobacco should be defined; (10)  Whereas, for economic reasons, temporary derogations should be provided for certain Member  States; (11)  Whereas a distinction needs to be made between fine-cut tobacco for the rolling of cigarettes  and other smoking tobacco; (12)  Whereas a manufacturer needs to be defined as a natural or legal person who actually prepares  tobacco products and sets the maximum retail selling price for each of the Member States for which  the products in question are to be released for consumption; (13)  Whereas a majority of Member States grant exemptions from excise duty or make refunds of  excise duty in respect of certain types of manufactured tobacco depending on the use which is made  of them, and whereas the exemptions or refunds for particular uses need to be specified in this  Directive; (14)  Whereas rolls of tobacco capable of being smoked as they are after simple handling should  also be deemed to be cigarettes for the purposes of uniform taxation of these products; (15)  Whereas the Federal Republic of Germany should be authorized to tax rolls at least at the  rate or amount applicable to fine-cut tobacco for the rolling of cigarettes until 31 December 1998  at the latest; (16)  Whereas this Directive must not affect the obligations of Member States concerning the  deadlines for implementation of the Directives set out in Annex I, Part B, HAS ADOPTED THIS DIRECTIVE: TITLE I General principles Article 1 1.  The structure of the excise duty  to which the Member States subject manufactured tobacco shall be harmonized in several stages. 2.  This Directive lays down general principles for this harmonization, as well as the special  criteria applicable during the stages of harmonization. 3.  The transition from one stage of harmonization to the next shall be decided on by the Council  on a proposal from the Commission, taking into account the effects produced during the stage in  progress by the measures introduced by the Member States into their system of excise duties in  order to comply with the provisions applicable during that stage. The transition from one stage to  the next may be deferred especially if it is likely to involve disproportionate losses of revenue  for a Member State. Article 2 1.  The following shall be considered to be manufactured tobacco: (a)  cigarettes; (b)  cigars and cigarillos; (c)  smoking tobacco -  fine-cut tobacco for the rolling of cigarettes, -  other smoking tobacco; as defined in Articles 3 to 7. 2.  The Council shall, on a proposal from the Commission, adopt the provisions necessary to  determine the way in which manufactured tobacco should be defined and classified in groups. 3.  Notwithstanding existing Community provisions, the definitions referred to in Articles 3 to 7  shall be without prejudice to the choice of system or the level of taxation which shall apply to  the different groups of products referred to in these Articles. Article 3 The following shall be deemed to be cigars or cigarillos if they can be smoked as they  are: 1.  rolls of tobacco made entirely of natural tobacco; 2.  rolls of tobacco with an outer wrapper of natural tobacco; 3.  rolls of tobacco with an outer wrapper of the normal colour of a cigar, and a binder, of  reconstituted tobacco, where at least 60  % by weight of the tobacco particles are both wider and  longer than 1,75 mm and where the wrapper is fitted in spiral form with an acute angle of at least  30  ° to the longitudinal axis of the cigar; 4.  rolls of tobacco with an outer wrapper, of the normal colour of a cigar, of reconstituted  tobacco, where the unit weight, not including filter or mouth-piece, is not less than 2,3 g and if  at least 60  % by weight of the tobacco particles are both wider and longer than 1,75 mm and the  circumference over at least one third of the length is not less than 34 mm. Article 4 1.  The following shall be deemed to be cigarettes: (a)  rolls of tobacco capable of being smoked as they are and which are not cigars or cigarillos  within the meaning of Article 3; (b)  rolls of tobacco which, by simple non-industrial handling, are inserted into cigarette-paper  tubes; (c)  rolls of tobacco which, by simple non-industrial handling, are wrapped in cigarette paper. Until 31 December 1998, the Federal Republic of Germany shall be authorized to tax the rolls of  tobacco referred to in (b) at least at the rate or amount applicable to fine-cut tobacco for the  rolling of cigarettes. 2.  A roll of tobacco referred to in paragraph 1 shall, for excise duty purposes, be considered as  two cigarettes where, excluding filter or mouth piece, it is longer than 9 cm but not longer than  18 cm, as three cigarettes where, excluding filter or mouthpiece, it is longer than 18 cm but not  longer than 27 cm, and so on. Article 5 The following shall be deemed to be smoking tobacco: 1.  tobacco which has been cut or otherwise split, twisted or pressed into blocks and is capable of  being smoked without further industrial processing; 2.  tobacco refuse put up for retail sale which does not fall under Articles 3 and 4 and which can  be smoked. Article 6 Smoking tobacco as defined in Article 5 in which more than 25  % by weight of the  tobacco particles have a cut width of less than 1 millimetre shall be deemed to be fine-cut tobacco  for the rolling of cigarettes. Member States which do not apply this cut width of 1 millimetre on 1  January 1993 shall have until 31 December 1997 to comply with this provision. Member States may also deem smoking tobacco in which more than 25  % by weight of the tobacco  particles have a cut width of more than 1 millimetre and which was sold or intended to be sold for  the rolling of cigarettes to be fine-cut tobacco for the rolling of cigarettes. Article 7 1.  Products consisting in part of substances other than tobacco but otherwise  conforming to the criteria set out in Article 3 shall be treated as cigars and cigarillos provided  they have respectively: -  a wrapper of natural tobacco, -  a wrapper and binder of tobacco, both of reconstituted tobacco, -  a wrapper of reconstituted tobacco. 2.  Products consisting in whole or in part of substances other than tobacco but otherwise  conforming to the criteria set out in Article 4 or 5 shall be treated as cigarettes and smoking  tobacco. Notwithstanding the first subparagraph, products containing no tobacco and used exclusively for  medical purposes shall not be treated as manufactured tobacco. Article 8 1.  Cigarettes manufactured in the Community and those imported from non-member  countries shall be subject to a proportional excise duty calculated on the maximum retail selling  price, including customs duties, and also to a specific excise duty calculated per unit of the  product. 2.  The rate of the proportional excise duty and the amount of the specific excise duty must be the  same for all cigarettes. 3.  At the final stage of harmonization of structures, the same ratio shall be established for  cigarettes in all Member States between the specific excise duty and the sum of the proportional  excise duty and the turnover tax, in such a way that the range of retail selling prices reflects  fairly the difference in the manufacturers' delivery prices. 4.  Where necessary, the excise duty on cigarettes may include a minimum tax component, the ceiling  for which shall be determined for each stage by the Council on a proposal from the Commission. Article 9 1.  A natural or legal person established in the Community who converts tobacco into  manufactured products prepared for retail sale shall be deemed to be a manufacturer. Manufacturers, or, where appropriate, their representatives or authorized agents in the Community  and importers of tobacco from non-member countries shall be free to determine the maximum retail  selling price for each of their products for each Member State for which the products in question  are to be released for consumption. The second paragraph may not, however, hinder implementation of national systems of legislation  regarding the control of price levels or the observance of imposed prices, provided that they are  compatible with Community legislation. 2.  In order to facilitate the levying of the excise duty, Member States may, for each group of  manufactured tobacco, fix a scale of retail selling prices on condition that each scale has  sufficient scope and variety to correspond in fact with the variety of Community products. Each  scale shall be valid for all the products belonging to the group of manufactured tobacco which it  concerns, without distinction on the basis of quality, presentation, the origin of the products or  of the materials used, the characteristics of the undertakings or of any other criterion. Article 10 1.  At the final stage at the latest the rules for collecting the excise duty shall be  harmonized. During the preceding stages the excise duty shall, in principle, be collected by means  of tax stamps. If they collect the excise duty by means of tax stamps, Member States shall be  obliged to make these stamps available to manufacturers and dealers in other Member States. If they  collect the excise duty by other means, Member States shall ensure that no obstacle, either  administrative or technical, affects trade between Member States on that account. 2.  Importers and national manufacturers of manufactured tobacco shall be subject to the system set  out in paragraph 1 as regards the detailed rules for levying and paying the excise duty. Article 11 The following may be exempted from excise duty or excise duty already paid on them may  be refunded: (a)  denatured manufactured tobacco used for industrial or horticultural purposes; (b)  manufactured tobacco which is destroyed under administrative supervision; (c)  manufactured tobacco which is solely intended for scientific tests and for tests connected  with product quality; (d)  manufactured tobacco which is reworked by the producer. Member States shall determine the conditions and formalities to which the abovementioned exemptions  or refunds are subject. TITLE II Special provisions applicable during the first stage of harmonization Article 12 1.   Subject to Article 1 (3), the first stage of harmonization of the structures of the excise duty on  manufactured tobacco shall cover a period of sixty months from 1 July 1973. 2.  During the first stage of harmonization Articles 13 and 14 shall be applicable. Article 13 1.  The amount of the specific excise duty levied on cigarettes shall be established  for the first time by reference to cigarettes in the most popular price category according to the  data available on 1 January 1973. 2.  Without prejudice to the solution to be finally adopted regarding the ratio between the  specific component and the proportional component, the amount referred to in paragraph 1 may not be  lower than 5  % or higher than 75  % of the aggregate amount of the proportional excise duty and  the specific excise duty levied on these cigarettes. 3.  If the excise duty on the price category referred to in paragraph 1 is amended after 1 January  1973, the amount of the specific excise duty shall be established by reference to the new tax  burden on the cigarettes referred to in paragraph 1. Article 14 Notwithstanding Article 8 (1), each Member State may exclude customs duties from the  basis for calculating the proportional excise duty on cigarettes. TITLE III Special provisions applicable during the second stage of harmonization Article 15  1.  The second stage of harmonization of the structures of the excise duty on manufactured tobacco  shall run from 1 July 1978. 2.  During the second stage of harmonization Article 16 shall apply. Article 16 1.  The amount of the specific excise duty on cigarettes shall be established by  reference to cigarettes in the most popular price category according to the information available  at 1 January each year, beginning 1 January 1978. 2.  The specific component of the excise duty may not be less than 5  % or more than 55  % of the  amount of the total tax burden resulting from the aggregation of the proportional excise duty, the  specific excise duty and the turnover tax levied on these cigarettes. 3.  If the excise duty or the turnover tax levied on the price category referred to in paragraph 1  is amended after 1 January 1978, the amount of the specific excise duty shall be established by  reference to the new total tax burden on the cigarettes referred to in paragraph 1. 4.  Notwithstanding Article 8 (1), each Member State may exclude customs duties from the basis for  calculating the proportional excise duty on cigarettes. 5.  Member States may levy a minimum excise duty on cigarettes and on fine-cut tobacco for the  rolling of cigarettes, provided that this does not have the effect of raising the total tax to more  than 90  % of the total tax on the most popular price category of cigarettes or the most popular  price category of fine-cut tobacco for the rolling of cigarettes respectively. TITLE IV Final provisions Article 17 Where necessary, the Council shall, on a proposal from  the Commission, adopt provisions for the application of this Directive. Article 18 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 19 1.  The Directives listed in Annex 1, Part A shall be repealed, without prejudice to  the obligations of the Member States concerning the time-limits for implementation set out in Annex  I, Part B. 2.  References to the repealed Directives shall be construed as references to this Directive and  shall be read in accordance with the correlation table set out in Annex II. Article 20 This Directive shall enter into force on the twentieth day following its publication  in the Official Journal of the European Communities. Article 21 This Directive is addressed to the Member States. Done at Brussels, 27 November 1995. For the Council The President P. SOLBES MIRA  ANNEX I PART A REPEALED DIRECTIVES (referred to in Article 19) 1.  Directive 72/464/EEC 2.  Directive 79/32/EEC and their successive amendments: -  Directive 74/318/EEC -  Directive 75/786/EEC -  Directive 76/911/EEC -  Directive 77/805/EEC -  Directive 80/369/EEC -  Directive 80/1275/EEC -  Directive 81/463/EEC -  Directive 82/2/EEC -  Directive 82/877/EEC -  Directive 84/217/EEC -  Directive 86/246/EEC -  Directive 92/78/EEC. PART B >TABLE>  ANNEX II CORRELATION TABLE >TABLE>


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31982L0232

Commission Directive 82/232/EEC of 25 March 1982 adapting to technical progress for the fourth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

Official Journal L 106 , 21/04/1982 P. 0018 - 0019 Finnish special edition: Chapter 13 Volume 12 P. 0003  Spanish special edition: Chapter 13 Volume 12 P. 0116  Swedish special edition: Chapter 13 Volume 12 P. 0003  Portuguese special edition Chapter 13 Volume 12 P. 0116

*****COMMISSION  DIRECTIVE  of 25 March 1982  adapting to technical progress for the fourth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances  (82/232/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), as last amended by Directive 79/831/EEC (2), and in particular Articles 19, 20 and 21 thereof,  Whereas Denmark has requested a change in the labelling for solutions of hydrazine and notified the Commission accordingly under Article 23 of Directive 67/548/EEC;  Whereas the Committee on the Adaptation to Technical Progress, in view of existing available data is of the opinion that some changes in classification and labelling are justified;  Whereas the said Committee recognizes that further carcinogenicity studies are currently in progress and that, accordingly, further review of the measures may be required upon completion of those studies;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in Dangerous Substances and Preparations,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex I (list of dangerous substances) to Directive 67/548/EEC is hereby amended as follows:  No 007-008-01-0: The designation and classification of the substance are replaced by the following:  1.2.3 //   //   //   // CAS No  //   // No  //   //   //  //   //   // Nota B  //   // H2N - NH2 5 % µ conc µ 64 %  //  Hydrazinoploesning . . . %  Hydrazinloesung . . . %  Diályma ydrazínis . . . %  Hydrazine solution . . . %  Hydrazine en solution . . . %  Idrazina soluzione . . . %  Hydrazine oplossing . . . %  C  R: 24/25-34-40  S: 36/37/39  Article 2  Not later than 31 December 1982 Member States shall adopt and publish the provisions necessary to comply with this Directive and shall forthwith inform the Commission thereof. They shall apply such provisions with effect from 1 July 1983.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 25 March 1982.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (1) OJ No 196, 16. 8. 1967, p. 1.  (2) OJ No L 259, 15. 10. 1979, p. 10.


title: Council Directive 2004/114/EC of 13 december 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service

text:
               23.12.2004

               EN

               Official Journal of the European Union

               L 375/12

      COUNCIL DIRECTIVE 2004/114/EC
   of 13 december 2004
   on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular points (3)(a) and (4) of the first subparagraph of Article 63 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 European Economic and Social Committee (2),
   Having regard to the Opinion of the Committee of the Regions (3),
   Whereas:

               (1)

               For the gradual establishment of an area of freedom, security and justice, the Treaty provides for measures to be adopted in the fields of asylum, immigration and the protection of the rights of third-country nationals.

               (2)

               The Treaty provides that the Council is to adopt measures on immigration policy relating to conditions of entry and residence, and standards on procedures for the issue by Member States of long-term visas and residence permits.

               (3)

               At its special meeting at Tampere on 15 and 16 October 1999, the European Council acknowledged the need for approximation of national legislation on the conditions for admission and residence of third-country nationals and asked the Council to rapidly adopt decisions on the basis of proposals by the Commission.

               (4)

               This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union.

               (5)

               The Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinions, membership of a national minority, property, birth, disability, age or sexual orientation.

               (6)

               One of the objectives of Community action in the field of education is to promote Europe as a whole as a world centre of excellence for studies and vocational training. Promoting the mobility of third-country nationals to the Community for the purpose of studies is a key factor in that strategy. The approximation of the Member States' national legislation on conditions of entry and residence is part of this.

               (7)

               Migration for the purposes set out in this Directive, which is by definition temporary and does not depend on the labour-market situation in the host country, constitutes a form of mutual enrichment for the migrants concerned, their country of origin and the host Member State and helps to promote better familiarity among cultures.

               (8)

               The term admission covers the entry and residence of third-country nationals for the purposes set out in this Directive.

               (9)

               The new Community rules are based on definitions of student, trainee, educational establishment and volunteer already in use in Community law, in particular in the various Community programmes to promote the mobility of the relevant persons (Socrates, European Voluntary Service etc.).

               (10)

               The duration and other conditions of preparatory courses for students covered by the present Directive should be determined by Member States in accordance with their national legislation.

               (11)

               Third-country nationals who fall into the categories of unremunerated trainees and volunteers and who are considered, by virtue of their activities or the kind of compensation or remuneration received, as workers under national legislation are not covered by this Directive. The admission of third-country nationals who intend to carry out specialisation studies in the field of medicine should be determined by the Member States.

               (12)

               Evidence of acceptance of a student by an establishment of higher education could include, among other possibilities, a letter or certificate confirming his/her enrolment.

               (13)

               Fellowships may be taken into account in assessing the availability of sufficient resources.

               (14)

               Admission for the purposes set out in this Directive may be refused on duly justified grounds. In particular, admission could be refused if a Member State considers, based on an assessment of the facts, that the third-country national concerned is a potential threat to public policy or public security. The notion of public policy may cover a conviction for committing a serious crime. In this context it has to be noted that the notions of public policy and public security also cover cases in which a third-country national belongs or has belonged to an association which supports terrorism, supports or has supported such an association, or has or has had extremist aspirations.

               (15)

               In case of doubts concerning the grounds of the application of admission, Member States should be able to require all the evidence necessary to assess its coherence, in particular on the basis of the applicant's proposed studies, in order to fight against abuse and misuse of the procedure set out in this Directive.

               (16)

               The mobility of students who are third-country nationals studying in several Member States must be facilitated, as must the admission of third-country nationals participating in Community programmes to promote mobility within and towards the Community for the purposes set out in this Directive.

               (17)

               In order to allow initial entry into their territory, Member States should be able to issue in a timely manner a residence permit or, if they issue residence permits exclusively on their territory, a visa.

               (18)

               In order to allow students who are third-country nationals to cover part of the cost of their studies, they should be given access to the labour market under the conditions set out in this Directive. The principle of access for students to the labour market under the conditions set out in this Directive should be a general rule; however, in exceptional circumstances Member States should be able to take into account the situation of their national labour markets.

               (19)

               The notion of prior authorisation includes the granting of work permits to students who wish to exercise an economic activity.

               (20)

               This Directive does not affect national legislation in the area of part-time work.

               (21)

               Provision should be made for fast-track admission procedures for study purposes or for pupil exchange schemes operated by recognised organisations in the Member States.

               (22)

               Each Member State should ensure that the fullest possible set of regularly updated information is made available to the general public, notably on the Internet, as regards the establishments defined in this Directive, courses of study to which third-country nationals may be admitted and the conditions and procedures for entry and residence in its territory for those purposes.

               (23)

               This Directive should not in any circumstances affect the application of Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (4).

               (24)

               Since the objective of this Directive, namely to determine the conditions of admission of third-country nationals for the purposes of study, pupil exchange, unremunerated training or voluntary service, cannot be sufficiently achieved by the Member States and can, by reason of its scale or effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.

               (25)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.

               (26)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application,

         HAS ADOPTED THIS DIRECTIVE:
   CHAPTER I
   GENERAL PROVISIONS
   Article 1
   Subject matter
   The purpose of this Directive is to determine:

               (a)

               the conditions for admission of third-country nationals to the territory of the Member States for a period exceeding three months for the purposes of studies, pupil exchange, unremunerated training or voluntary service;

               (b)

               the rules concerning the procedures for admitting third-country nationals to the territory of the Member States for those purposes.

         Article 2
   Definitions
   For the purposes of this Directive:

               (a)

               ‘third-country national’ means any person who is not a citizen of the European Union within the meaning of Article 17(1) of the Treaty;

               (b)

               ‘student’ means a third-country national accepted by an establishment of higher education and admitted to the territory of a Member State to pursue as his/her main activity a full-time course of study leading to a higher education qualification recognised by the Member State, including diplomas, certificates or doctoral degrees in an establishment of higher education, which may cover a preparatory course prior to such education according to its national legislation;

               (c)

               ‘school pupil’ means a third-country national admitted to the territory of a Member State to follow a recognised programme of secondary education in the context of an exchange scheme operated by an organisation recognised for that purpose by the Member State in accordance with its national legislation or administrative practice;

               (d)

               ‘unremunerated trainee’ means a third-country national who has been admitted to the territory of a Member State for a training period without remuneration in accordance with its national legislation;

               (e)

               ‘establishment’ means a public or private establishment recognised by the host Member State and/or whose courses of study are recognised in accordance with its national legislation or administrative practice for the purposes set out in this Directive;

               (f)

               ‘voluntary service scheme’ means a programme of activities of practical solidarity, based on a State or a Community scheme, pursuing objectives of general interest;

               (g)

               ‘residence permit’ means any authorisation issued by the authorities of a Member State allowing a third-country national to stay legally in its territory, in accordance with Article 1(2)(a) of Regulation (EC) No 1030/2002.

         Article 3
   Scope
   1.   This Directive shall apply to third-country nationals who apply to be admitted to the territory of a Member State for the purpose of studies.
   Member States may also decide to apply this Directive to third-country nationals who apply to be admitted for the purposes of pupil exchange, unremunerated training or voluntary service.
   2.   This Directive shall not apply to:

               (a)

               third-country nationals residing in a Member State as asylum-seekers, or under subsidiary forms of protection, or under temporary protection schemes;

               (b)

               third-country nationals whose expulsion has been suspended for reasons of fact or of law;

               (c)

               third-country nationals who are family members of Union citizens who have exercised their right to free movement within the Community;

               (d)

               third-country nationals who enjoy long-term resident status in a Member State in accordance with Council Directive 2003/109/EC of 25 November 2003 on the status of third-country nationals who are long-term residents (5) and exercise their right to reside in another Member State in order to study or receive vocational training;

               (e)

               third-country nationals considered under the national legislation of the Member State concerned as workers or self-employed persons.

         Article 4
   More favourable provisions
   1.   This Directive shall be without prejudice to more favourable provisions of:

               (a)

               bilateral or multilateral agreements between the Community or the Community and its Member States and one or more third countries; or

               (b)

               bilateral or multilateral agreements between one or more Member States and one or more third countries.

         2.   This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies.
   CHAPTER II
   CONDITIONS OF ADMISSION
   Article 5
   Principle
   The admission of a third-country national under this Directive shall be subject to the verification of documentary evidence showing that he/she meets the conditions laid down in Article 6 and in whichever of Articles 7 to 11 applies to the relevant category.
   Article 6
   General conditions
   1.   A third-country national who applies to be admitted for the purposes set out in Articles 7 to 11 shall:

               (a)

               present a valid travel document as determined by national legislation. Member States may require the period of validity of the travel document to cover at least the duration of the planned stay;

               (b)

               if he/she is a minor under the national legislation of the host Member State, present a parental authorisation for the planned stay;

               (c)

               have sickness insurance in respect of all risks normally covered for its own nationals in the Member State concerned;

               (d)

               not be regarded as a threat to public policy, public security or public health;

               (e)

               provide proof, if the Member State so requests, that he/she has paid the fee for processing the application on the basis of Article 20.

         2.   Member States shall facilitate the admission procedure for the third-country nationals covered by Articles 7 to 11 who participate in Community programmes enhancing mobility towards or within the Community.
   Article 7
   Specific conditions for students
   1.   In addition to the general conditions stipulated in Article 6, a third-country national who applies to be admitted for the purpose of study shall:

               (a)

               have been accepted by an establishment of higher education to follow a course of study;

               (b)

               provide the evidence requested by a Member State that during his/her stay he/she will have sufficient resources to cover his/her subsistence, study and return travel costs. Member States shall make public the minimum monthly resources required for the purpose of this provision, without prejudice to individual examination of each case;

               (c)

               provide evidence, if the Member State so requires, of sufficient knowledge of the language of the course to be followed by him/her;

               (d)

               provide evidence, if the Member State so requires, that he/she has paid the fees charged by the establishment.

         2.   Students who automatically qualify for sickness insurance in respect of all risks normally covered for the nationals of the Member State concerned as a result of enrolment at an establishment shall be presumed to meet the condition of Article 6(1)(c).
   Article 8
   Mobility of students
   1.   Without prejudice to Articles 12(2), 16 and 18(2), a third-country national who has already been admitted as a student and applies to follow in another Member State part of the studies already commenced, or to complement them with a related course of study in another Member State, shall be admitted by the latter Member State within a period that does not hamper the pursuit of the relevant studies, whilst leaving the competent authorities sufficient time to process the application, if he/she:

               (a)

               meets the conditions laid down by Articles 6 and 7 in relation to that Member State; and

               (b)

               has sent, with his/her application for admission, full documentary evidence of his/her academic record and evidence that the course he/she wishes to follow genuinely complements the one he/she has completed; and

               (c)

               participates in a Community or bilateral exchange programme or has been admitted as a student in a Member State for no less than two years.

         2.   The requirements referred to in paragraph 1(c), shall not apply in the case where the student, in the framework of his/her programme of studies, is obliged to attend a part of his/her courses in an establishment of another Member State.
   3.   The competent authorities of the first Member State shall, at the request of the competent authorities of the second Member State, provide the appropriate information in relation to the stay of the student in the territory of the first Member State.
   Article 9
   Specific conditions for school pupils
   1.   Subject to Article 3, a third-country national who applies to be admitted in a pupil exchange scheme shall, in addition to the general conditions stipulated in Article 6:

               (a)

               not be below the minimum age nor above the maximum age set by the Member State concerned;

               (b)

               provide evidence of acceptance by a secondary education establishment;

               (c)

               provides evidence of participation in a recognised pupil exchange scheme programme operated by an organisation recognised for that purpose by the Member State concerned in accordance with its national legislation or administrative practice;

               (d)

               provides evidence that the pupil exchange organisation accepts responsibility for him/her throughout his/her period of presence in the territory of the Member State concerned, in particular as regards subsistence, study, healthcare and return travel costs;

               (e)

               be accommodated throughout his/her stay by a family meeting the conditions set by the Member State concerned and selected in accordance with the rules of the pupil exchange scheme in which he/she is participating.

         2.   Member States may confine the admission of school pupils participating in an exchange scheme to nationals of third countries which offer the same possibility for their own nationals.
   Article 10
   Specific conditions for unremunerated trainees
   Subject to Article 3, a third-country national who applies to be admitted as an unremunerated trainee shall, in addition to the general conditions stipulated in Article 6:

               (a)

               have signed a training agreement, approved if need be by the relevant authority in the Member State concerned in accordance with its national legislation or administrative practice, for an unremunerated placement with a public- or private-sector enterprise or vocational training establishment recognised by the Member State in accordance with its national legislation or administrative practice;

               (b)

               provide the evidence requested by a Member State that during his/her stay he/she will have sufficient resources to cover his/her subsistence, training and return travel costs. The Member States shall make public the minimum monthly resources required for the purpose of this provision, without prejudice to individual examination of each case;

               (c)

               receive, if the Member State so requires, basic language training so as to acquire the knowledge needed for the purposes of the placement.

         Article 11
   Specific conditions for volunteers
   Subject to Article 3, a third-country national who applies to be admitted to a voluntary service scheme shall, in addition to the general conditions stipulated in Article 6:

               (a)

               not be below the minimum age nor above the maximum age set by the Member State concerned;

               (b)

               produce an agreement with the organisation responsible in the Member State concerned for the voluntary service scheme in which he/she is participating, giving a description of tasks, the conditions in which he/she is supervised in the performance of those tasks, his/her working hours, the resources available to cover his travel, subsistence, accommodation costs and pocket money throughout his/her stay and, if appropriate, the training he will receive to help him/her perform his/her service;

               (c)

               provide evidence that the organisation responsible for the voluntary service scheme in which he/she is participating has subscribed a third-party insurance policy and accepts full responsibility for him/her throughout his/her stay, in particular as regards his/her subsistence, healthcare and return travel costs;

               (d)

               and, if the host Member State specifically requires it, receive a basic introduction to the language, history and political and social structures of that Member State.

         CHAPTER III
   RESIDENCE PERMITS
   Article 12
   Residence permit issued to students
   1.   A residence permit shall be issued to the student for a period of at least one year and renewable if the holder continues to meet the conditions of Articles 6 and 7. Where the duration of the course of study is less than one year, the permit shall be valid for the duration of the course.
   2.   Without prejudice to Article 16, renewal of a residence permit may be refused or the permit may be withdrawn if the holder:

               (a)

               does not respect the limits imposed on access to economic activities under Article 17;

               (b)

               does not make acceptable progress in his/her studies in accordance with national legislation or administrative practice.

         Article 13
   Residence permit issued to school pupils
   A residence permit issued to school pupils shall be issued for a period of no more than one year.
   Article 14
   Residence permit issued to unremunerated trainees
   The period of validity of a residence permit issued to unremunerated trainees shall correspond to the duration of the placement or shall be for a maximum of one year. In exceptional cases, it may be renewed, once only and exclusively for such time as is needed to acquire a vocational qualification recognised by a Member State in accordance with its national legislation or administrative practice, provided the holder still meets the conditions laid down in Articles 6 and 10.
   Article 15
   Residence permit issued to volunteers
   A residence permit issued to volunteers shall be issued for a period of no more than one year. In exceptional cases, if the duration of the relevant programme is longer than one year, the duration of the validity of the residence permit may correspond to the period concerned.
   Article 16
   Withdrawal or non-renewal of residence permits
   1.   Member States may withdraw or refuse to renew a residence permit issued on the basis of this Directive when it has been fraudulently acquired or wherever it appears that the holder did not meet or no longer meets the conditions for entry and residence laid down in Article 6 and in whichever of Articles 7 to 11 applies to the relevant category.
   2.   Member States may withdraw or refuse to renew a residence permit on grounds of public policy, public security or public health.
   CHAPTER IV
   TREATMENT OF THE THIRD-COUNTRY NATIONALS CONCERNED
   Article 17
   Economic activities by students
   1.   Outside their study time and subject to the rules and conditions applicable to the relevant activity in the host Member State, students shall be entitled to be employed and may be entitled to exercise self-employed economic activity. The situation of the labour market in the host Member State may be taken into account.
   Where necessary, Member States shall grant students and/or employers prior authorisation in accordance with national legislation.
   2.   Each Member State shall determine the maximum number of hours per week or days or months per year allowed for such an activity, which shall not be less than 10 hours per week, or the equivalent in days or months per year.
   3.   Access to economic activities for the first year of residence may be restricted by the host Member State.
   4.   Member States may require students to report, in advance or otherwise, to an authority designated by the Member State concerned, that they are engaging in an economic activity. Their employers may also be subject to a reporting obligation, in advance or otherwise.
   CHAPTER V
   PROCEDURE AND TRANSPARENCY
   Article 18
   Procedural guarantees and transparency
   1.   A decision on an application to obtain or renew a residence permit shall be adopted, and the applicant shall be notified of it, within a period that does not hamper the pursuit of the relevant studies, whilst leaving the competent authorities sufficient time to process the application.
   2.   If the information supplied in support of the application is inadequate, processing of the application may be suspended and the competent authorities shall inform the applicant of any further information they need.
   3.   Any decision rejecting an application for a residence permit shall be notified to the third-country national concerned in accordance with the notification procedures provided for under the relevant national legislation. The notification shall specify the possible redress procedures available and the time limit for taking action.
   4.   Where an application is rejected or a residence permit issued in accordance with this Directive is withdrawn, the person concerned shall have the right to mount a legal challenge before the authorities of the Member State concerned.
   Article 19
   Fast-track procedure for issuing residence permits or visas to students and school pupils
   An agreement on the establishment of a fast-track admission procedure allowing residence permits or visas to be issued in the name of the third-country national concerned may be concluded between the authority of a Member State with responsibility for the entry and residence of students or school pupils who are third-country nationals and an establishment of higher education or an organisation operating pupil exchange schemes which has been recognised for this purpose by the Member State concerned in accordance with its national legislation or administrative practice.
   Article 20
   Fees
   Member States may require applicants to pay fees for the processing of applications in accordance with this Directive.
   CHAPTER VI
   FINAL PROVISIONS
   Article 21
   Reporting
   Periodically, and for the first time by 12 January 2010, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and propose amendments if appropriate.
   Article 22
   Transposition
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 January 2007. They shall forthwith inform the Commission thereof.
   When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   Article 23
   Transitional provision
   By way of derogation from the provisions set out in Chapter III and for a period of up to two years after the date set out in Article 22, Member States are not obliged to issue permits in accordance with this Directive in the form of a residence permit.
   Article 24
   Time limits
   Without prejudice to the second subparagraph of Article 4(2) of Directive 2003/109/EC, Member States shall not be obliged to take into account the time during which the student, exchange pupil, unremunerated trainee or volunteer has resided as such in their territory for the purpose of granting further rights under national law to the third-country nationals concerned.
   Article 25
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 26
   Addressees
   This Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.

      Done at Brussels, 13 December 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ C 68 E, 18.3.2004, p. 107.

      (2)  OJ C 133, 6.6.2003, p. 29.

      (3)  OJ C 244, 10.10.2003, p. 5.

      (4)  OJ L 157, 15.6.2002, p. 1.

      (5)  OJ L 16, 23.1.2004, p. 44.


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31987L0317

Council Directive 87/317/EEC of 16 June 1987 amending Directive 70/524/EEC concerning additives in feedingstuffs in respect of Olaquindox

Official Journal L 160 , 20/06/1987 P. 0034 - 0035 Finnish special edition: Chapter 3 Volume 23 P. 0196  Swedish special edition: Chapter 3 Volume 23 P. 0196

*****COUNCIL  DIRECTIVE  of 16 June 1987  amending Directive 70/524/EEC concerning additives in feedingstuffs in respect of Olaquindox  (87/317/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 86/525/EEC (2), and in particular Articles 7 and 24 thereof,  Having regard to the proposal from the Commission,  Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes to that Directive were consolidated by Commission Directive 85/429/EEC (3);  Whereas the use of Olaquindox as a growth promoter has hitherto been authorized at national level; whereas the studies carried out and the experienced gained indicate that this additive can be authorized throughout the Community for the use specified, provided that certain provisions aimed at ensuring its safe use are complied with;  Whereas, since the Standing Commitee for Feedingstuffs has not delivered an opinion, the Commission is unable to adopt the measures it envisaged, in accordance with the procedure laid down in Article 24 of Directive 70/524/EEC;  Whereas, in order to check that there are no Olaquindox residues in products of animal origin, it is necessary to improve the degree of sensitivity of the method of analysis used at present,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex I to Directive 70/524/EEC is hereby amended as set out in the Annex hereto.  Article 2  By 30 November 1987 at the latest, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Luxembourg, 16 June 1987.  For the Council  The President  P. DE KEERSMAEKER  (1) OJ No L 270, 14. 12. 1970, p. 1.  (2) OJ No L 310, 5. 11. 1986, p. 19.  (3) OJ No L 245, 12. 9. 1985, p. 1.  ANNEX  In Annex I, under part J. 'Growth Promoters', the following item shall be inserted:  1.2.3.4.5.6.7.8 //  //  //  //  //  //  //  //  // 'EEC No  // Additive  // Chemical formula, description  // Species or category of animal  // Maximum age  // Minimum content  // Maximum content   // Other provisions 1.2.3.4.5.6,7.8 //  //  //  //  //  //  //  //  //  //  //  //  / / mg/kg   of complete feedingstuff  //  //  //  //  //  //  //  //  // 1.2.3.4.5.6.7.8 // E 851  // Olaquindox   // 2-(N-2'-(hydroxyethyl) carboamoyl)-3-methylquinoxaline N1, N4-dioxide Minimum purity: 98 % Particular features of the authorized preparation: - maximum Olaquindox content: 10 % - minimum stability: 24 months - medium: Calcium carbonate containing 1,5 % of Glyceryl polyethyleneglycol ricinoleate  // Piglets   // 4 months  // 15 50 (2)   // 50 100 (2)   // Use prohibited at least 4 weeks before slaughter Maximum amount of dust emitted during handling as determined by the Stauber Heubach method (1): 0,1 mg Olaquindox Indication on the label of the additives, premixtures and feedingstuffs of safety instructions and warnings designed to protect the health of operatives and in particular to avoid any exposure to the additive, especially by touch or inhalation   //    //   //   //   //   //   //   //  (1) Literature references: Fresenius Z. Anal Chem (1984) 318: 522-524, Springer Verlag 1984.  (2) Milk replacers only.'


Avis juridique important

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31975L0117

Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women

Official Journal L 045 , 19/02/1975 P. 0019 - 0020 Finnish special edition: Chapter 13 Volume 4 P. 0078  Greek special edition: Chapter 05 Volume 2 P. 0042  Swedish special edition: Chapter 13 Volume 4 P. 0078  Spanish special edition: Chapter 05 Volume 2 P. 0052  Portuguese special edition Chapter 05 Volume 2 P. 0052

COUNCIL DIRECTIVE of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (75/117/EEC)The Council of the European Communities,Having regard to the Treaty establishing the European Economic Community, an in particular Article 100 thereof;Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament(1);(1) OJ No C 55, 13.5.1974, p. 43.Having regard to the Opinion of the Economic and Social Committee (2);(2) OJ No C 88, 26.7.1974, p. 7.Whereas implementation of the principle that men and wonnen should receive equal pay contained in Article 119 of the Treaty is an integral part of the establishment and functioning of the common market;Whereas it is primarily the responsibility of the Member States to ensure the application of this principle by means of appropriate laws, regulations ans administrative provisions;Whereas the Council resolution of 21 January 1974 (3) concerning a social action programme, aimed at making it possible to harmonize living and working conditions while the improvement is being maintained and at achieving a balanced social and economic development of the Community, recognized that priority should be given to action taken on behalf of women as regards access to employment and vocational training and advancement,and as regards working conditions, including pay;(3) OJ No C 13, 12.2.1974, p. 1.Whereas it is desirable to reinforce the basic laws by standards aimed at facilitating the pratical application of the principle of equality in such a way that all employees in the Community can be protected in these matters;Whereas differences continue to exist in the various Member States despite the efforts made to apply the resolution of the conference of the Member States of 30 December 1961 on equal pay for men and women and whereas, therefore, the national provisions should be approximated as regards application of the principle of equal pay.HAS ADOPTED THIS DIRECTIVE:Article 1The principle of equal pay for men and women outlined in Article 119 of the Treaty, hereinafter called "principle of equal pay", means, for the same work or for work to which equal value is attributed, the elimination of all discrimination on grounds of sex with regard to all aspects and conditions of remuneration.In particular, where a job classification system is used for determining pay, it must be based on the same criteria for both men and women and so drawn up as to exclude any discrimination on grounds of sex.Article 2Member States shall introduce into their national legal systems such measures as are necessary to enable all employees who consider themselves wronged by failure to apply the principle of equal pay to pursue their claims by judicial process after possible recourse to other competent authorities.Article 3Member States shall abolish all discrimination between men and women arising from laws, regulations or administrative provisions which is contrary to the principle of equal pay.Article 4Member States shall take the necessary measures to ensure that provisions appearing in collective agreements, wage scales, wage agreements or individual contracts of employment which are contrary to the principle of equal pay shall be, or may be declared, null and void or may be amended.Article 5Member States shall take the necessary measures to protect employees against dismissal by the employer as a reaction to a complaint within the undertaking or to any legal proceedings aimed at enforcing compliance with the principle of equal pay.Article 6Member States shall, in accordance with their national circumstances and legal systems, take the measures necessary to ensure that the priciple of equal pay is applied. They shall see that effective means are available to take care that this principle is observed.Article 7Member States shall take care that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force, are brought to the attention of employees by all appropriate means, for example at their place of employment.Article 81. Member States shall put into force the laws, regulations and administrative provisions necessary in order to comply with this Directive within one year of its notification and shall immediately inform the Commission thereof.2. Member States shall communicate to the Commission the texts of the laws, regulations and administrative provisions which they adopt in the field covered by this Directive.Article 9Within two years of the expiry of the one-year period referred to in Article 8, Member States shall forward all necessary information to the Commission to enable it to draw up a report on the application of this Directive for submission to the Council.Article 10This Directive is addressed to the Member States.Done at Brussels, 10 February 1975.For the CouncilThe PresidentG. FITZGERALD