title: Directive (EU) 2015/412 of the European Parliament and of the Council of 11 March 2015 amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory  Text with EEA relevance

text:
               13.3.2015

               EN

               Official Journal of the European Union

               L 68/1

         DIRECTIVE (EU) 2015/412 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 11 March 2015
   amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the ordinary legislative procedure (3),
   Whereas:

               (1)

               Directive 2001/18/EC of the European Parliament and of the Council (4) and Regulation (EC) No 1829/2003 of the European Parliament and of the Council (5) establish a comprehensive legal framework for the authorisation of genetically modified organisms (GMOs), which is fully applicable to GMOs to be used for cultivation purposes throughout the Union as seeds or other plant-propagating material (‘GMOs for cultivation’).

               (2)

               Under that legal framework, GMOs for cultivation are to undergo an individual risk assessment before being authorised to be placed on the Union market in accordance with Annex II to Directive 2001/18/EC taking into account the direct, indirect, immediate and delayed effects, as well as the cumulative long-term effects, on human health and the environment. That risk assessment provides scientific advice to inform the decision-making process and is followed by a risk management decision. The aim of that authorisation procedure is to ensure a high level of protection of human life and health, animal health and welfare, the environment and consumer interests, whilst ensuring the effective functioning of the internal market. A uniform high level of protection of health, the environment and consumers should be achieved and maintained throughout the territory of the Union. The precautionary principle should always be taken into account in the framework of Directive 2001/18/EC and its subsequent implementation.

               (3)

               Pursuant to the conclusions adopted by the Council on 4 December 2008 on Genetically Modified Organisms (‘2008 Council conclusions’), it is necessary to look for improvement of the implementation of the legal framework for the authorisation of GMOs. In this context, the rules on risk assessment should be, where needed, regularly updated to take account of continuous developments in scientific knowledge and analysis procedures, in particular regarding the long-term environmental effects of genetically modified crops as well as their potential effects on non-target organisms, the characteristics of receiving environments and the geographical areas in which genetically modified crops may be cultivated, and the criteria and requirements for assessing GMOs producing pesticides and herbicide tolerant GMOs. Therefore, the Annexes to Directive 2001/18/EC should be amended accordingly.

               (4)

               In addition to the authorisation for placing on the market, genetically modified varieties also need to comply with the requirements of Union law on the marketing of seed and plant propagating material, as set out in particular in Council Directives 66/401/EEC (6), 66/402/EEC (7), 68/193/EEC (8), 98/56/EC (9), 1999/105/EC (10), 2002/53/EC (11), 2002/54/EC (12), 2002/55/EC (13), 2002/56/EC (14), 2002/57/EC (15) and 2008/90/EC (16). Among those Directives, Directives 2002/53/EC and 2002/55/EC contain provisions which allow the Member States to prohibit, under certain well defined conditions, the use of a variety in all or in part of their territory or to lay down appropriate conditions for the cultivation of a variety.

               (5)

               Once a GMO is authorised for cultivation purposes in accordance with the Union legal framework on GMOs and complies, as regards the variety that is to be placed on the market, with the requirements of Union law on the marketing of seed and plant propagating material, Member States are not authorised to prohibit, restrict, or impede its free circulation within their territory, except under the conditions defined by Union law.

               (6)

               Experience has shown that cultivation of GMOs is an issue which is more thoroughly addressed at Member State level. Issues related to the placing on the market and the import of GMOs should remain regulated at Union level to preserve the internal market. Cultivation may however require more flexibility in certain instances as it is an issue with strong national, regional and local dimensions, given its link to land use, to local agricultural structures and to the protection or maintenance of habitats, ecosystems and landscapes. In accordance with Article 2(2) of the Treaty on the Functioning of the European Union (TFEU), Member States are entitled to have the possibility to adopt legally binding acts restricting or prohibiting the cultivation of GMOs in their territory after such GMOs have been authorised to be placed on the Union market. However, the common authorisation procedure, in particular the evaluation process conducted primarily by the European Food Safety Authority (the ‘Authority’), should not be adversely affected by such flexibility.

               (7)

               In the past, in order to restrict or prohibit the cultivation of GMOs, some Member States had recourse to the safeguard clauses and emergency measures pursuant to Article 23 of Directive 2001/18/EC and Article 34 of Regulation (EC) No 1829/2003 as a result of, depending on the cases, new or additional information made available since the date of the consent and affecting the environmental risk assessment, or of the reassessment of existing information. Other Member States have made use of the notification procedure set out in Article 114(5) and (6) TFEU which requires putting forward new scientific evidence relating to the protection of the environment or the working environment. In addition, the decision-making process has proved to be particularly difficult as regards the cultivation of GMOs in the light of the expression of national concerns which do not only relate to issues associated with the safety of GMOs for health or the environment.

               (8)

               In that context, it appears appropriate to grant Member States, in accordance with the principle of subsidiarity, more flexibility to decide whether or not they wish to cultivate GMOs on their territory without affecting the risk assessment provided in the system of Union authorisations of GMOs, either in the course of the authorisation procedure or thereafter, and independently of the measures that Member States cultivating GMOs are entitled or required to take by application of Directive 2001/18/EC to avoid the unintended presence of GMOs in other products. The grant of that possibility to Member States is likely to improve the process for authorisations of GMOs and, at the same time, is also likely to ensure freedom of choice of consumers, farmers and operators whilst providing greater clarity to affected stakeholders concerning the cultivation of GMOs in the Union. This Directive should therefore facilitate the smooth functioning of the internal market.

               (9)

               In order to ensure that the cultivation of GMOs does not result in their unintended presence in other products and whilst respecting the principle of subsidiarity, particular attention should be paid to the prevention of possible cross-border contamination from a Member State where cultivation is allowed into a neighbouring Member State where it is prohibited, unless the Member States concerned agree that particular geographical conditions render it unnecessary.

               (10)

               The Commission Recommendation of 13 July 2010 (17) provides guidance to Member States for the development of coexistence measures, including in border areas. The recommendation encourages Member States to cooperate with each other to implement appropriate measures at the borders between Member States so as to avoid unintended consequences of cross-border contamination.

               (11)

               During the authorisation procedure of a given GMO, the possibility should be provided for a Member State to demand that the geographical scope of the notification/application submitted in accordance with Part C of Directive 2001/18/EC or in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003 be adjusted to the effect that all or part of the territory of that Member State be excluded from cultivation. The Commission should facilitate the procedure by presenting the demand of the Member State to the notifier/applicant without delay and the notifier/applicant should respond to that demand within an established timelimit.

               (12)

               The geographical scope of the notification/application should be adjusted accordingly unless the notifier/applicant confirms the geographical scope of its notification/application within an established timelimit from the communication by the Commission of that demand. Such confirmation, however, is without prejudice to the Commission's powers in accordance with Article 19 of Directive 2001/18/EC or Articles 7 and 19 of Regulation (EC) No 1829/2003, as the case may be, to make such an adjustment, where appropriate, in the light of the environmental risk assessment carried out by the Authority.

               (13)

               Whilst it is expected that most restrictions or prohibitions adopted pursuant to this Directive will be implemented at the stage of consent/authorisation or renewal thereof, there should, in addition, also be the possibility for Member States to adopt reasoned measures restricting or prohibiting the cultivation in all or part of their territory of a GMO, or of a group of GMOs defined by crop or trait, once authorised, on the basis of grounds distinct from and complementary to those assessed according to the harmonized set of Union rules, that is Directive 2001/18/EC and Regulation (EC) No 1829/2003, which are in conformity with Union law. Those grounds may be related to environmental or agricultural policy objectives, or other compelling grounds such as town and country planning, land use, socioeconomic impacts, coexistence and public policy. Those grounds may be invoked individually or in combination, depending on the particular circumstances of the Member State, region or area in which those measures will apply.

               (14)

               The level of protection of human or animal health and of the environment chosen in the Union allows for a uniform scientific assessment throughout the Union and this Directive should not alter that situation. Therefore, to avoid any interference with the competences which are granted to the risk assessors and risk managers under Directive 2001/18/EC and Regulation (EC) No 1829/2003, a Member State should only use grounds with respect to environmental policy objectives relating to impacts which are distinct from and complementary to the assessment of risks to health and the environment which are assessed in the context of the authorisation procedures provided in Directive 2001/18/EC and in Regulation (EC) No 1829/2003, such as the maintenance and development of agricultural practices which offer a better potential to reconcile production with ecosystem sustainability, or maintenance of local biodiversity, including certain habitats and ecosystems, or certain types of natural and landscape features, as well as specific ecosystem functions and services.

               (15)

               Member States should also be able to base the decisions which they adopt pursuant to Directive 2001/18/EC on grounds concerning socioeconomic impacts which might arise from the cultivation of a GMO on the territory of the Member State concerned. While coexistence measures have been addressed by the Commission Recommendation of 13 July 2010, there should also be the possibility for Member States to adopt measures restricting or prohibiting cultivation of authorised GMOs in all or part of their territory under this Directive. Those grounds may be related to the high cost, impracticability or impossibility of implementing coexistence measures due to specific geographical conditions, such as small islands or mountain zones, or the need to avoid GMO presence in other products such as specific or particular products. Furthermore, the Commission has, as requested in the 2008 Council conclusions, reported to the European Parliament and the Council on socioeconomic implications of GMO cultivation. The outcome of that report may provide valuable information for Member States considering taking decisions on the basis of this Directive. Grounds relating to agricultural policy objectives may include the need to protect the diversity of agricultural production and the need to ensure seed and plant propagating material purity. Member States should also be allowed to base their measures on other grounds that may include land use, town and country planning, or other legitimate factors including those relating to cultural traditions.

               (16)

               The restrictions or prohibitions adopted pursuant to this Directive should refer to the cultivation, and not to the free circulation and import, of genetically modified seeds and plant propagating material as, or in, products and of the products of their harvest, and should, furthermore, be in conformity with the Treaties, in particular as regards the principle of non-discrimination between national and non-national products, the principle of proportionality and Article 34, Article 36 and Article 216(2) TFEU.

               (17)

               Member States' measures adopted pursuant to this Directive should be subject to a procedure of scrutiny and information at Union level. In the light of the level of Union scrutiny and information, it is not necessary to provide, in addition, for the application of Directive 98/34/EC of the European Parliament and of the Council (18). Member States may restrict or prohibit the cultivation of GMOs in all or part of their territory as from the date of entry into force of the Union authorisation and for the whole duration of the consent/authorisation, provided that an established standstill period, during which the Commission was given the opportunity to comment on the proposed measures, has elapsed. The Member State concerned should therefore communicate a draft of those measures to the Commission at least 75 days prior to their adoption, in order to give the Commission an opportunity to comment thereon, and should refrain from adopting and implementing those measures during that period. On the expiry of the established standstill period, the Member State should be able to adopt the measures as originally proposed or amended to take into account the Commission's comments.

               (18)

               During the established standstill period, the authorisation applicant/holder who would be affected by measures restricting or prohibiting the cultivation of a GMO in a Member State should refrain from all activities related to the cultivation of that GMO in that Member State.

               (19)

               Decisions to restrict or prohibit the cultivation of GMOs by Member States in all or part of their territory should not prevent biotechnology research from being carried out provided that, in carrying out such research, all necessary safety measures relating to human and animal health and environmental protection are observed and that the activity does not undermine the respect of the grounds on which the restriction or prohibition has been introduced. Moreover, the Authority and the Member States should aim to establish an extensive network of scientific organisations representing all disciplines including those relating to ecological issues, and should cooperate to identify at an early stage any potential divergence between scientific opinions with a view to resolving or clarifying contentious scientific issues. The Commission and the Member States should ensure that the necessary resources for independent research on the potential risks arising from the deliberate release or the placing on the market of GMOs are secured, and that independent researchers should be given access to all relevant material, while respecting intellectual property rights.

               (20)

               Given the importance of scientific evidence in taking decisions on the prohibition or approval of GMOs, the Authority should collect and analyse the results of research regarding the risk or danger to human health or the environment of GMOs and inform the risk managers of any emerging risks. Such information should be made available to the public.

               (21)

               A Member State should be able to request the competent authority or the Commission to reintegrate all or part of its territory into the geographical scope of the consent/authorisation from which it was previously excluded. In that case, there should be no need to forward the request to the consent/authorisation holder and ask for his agreement. The competent authority which has issued the written consent or the Commission, under Directive 2001/18/EC or Regulation (EC) No 1829/2003 respectively, should amend the geographical scope of the consent or of the decision of authorisation accordingly.

               (22)

               Written consents or decisions of authorisation issued or adopted with a geographical scope limited to certain areas or measures adopted by Member States, in accordance with this Directive, which restrict or prohibit the cultivation of GMOs, should not prevent or restrict the use of authorised GMOs by other Member States. In addition, this Directive and the national measures adopted pursuant to it should be without prejudice to Union law requirements concerning unintended and adventitious presence of GMOs in non-genetically modified varieties of seed and plant propagating material, and should not prevent the cultivation of varieties complying with these requirements.

               (23)

               Regulation (EC) No 1829/2003 provides that references made in Parts A and D of Directive 2001/18/EC to GMOs authorised under Part C of that Directive are to be considered as applying equally to GMOs authorised under that Regulation. Accordingly, measures adopted by the Member States in accordance with Directive 2001/18/EC should also apply to GMOs authorised in accordance with Regulation (EC) No 1829/2003.

               (24)

               This Directive is without prejudice to Member States' obligations as regards the free movement of conventional seeds, plant propagating material and of the product of the harvest pursuant to relevant Union law and in accordance with the TFEU.

               (25)

               In order to guarantee a high level of consumer protection, Member States and operators should also take effective labelling and information measures pursuant to Regulation (EC) No 1829/2003 and Regulation (EC) No 1830/2003 of the European Parliament and of the Council (19) to guarantee transparency with regard to the presence of GMOs in products.

               (26)

               In order to reconcile the objectives of this Directive with the legitimate interests of economic operators in relation to GMOs which have been authorised, or which were in the process of being authorised, before the entry into force of this Directive, provision should be made for appropriate transitional measures. Transitional measures are also justified by the need to avoid creating potential distortions of competition by treating existing authorisation holders differently from future applicants for authorisation. In the interests of legal certainty, the period during which such transitional measures may be adopted should be limited to that which is strictly necessary in order to ensure a smooth transition to the new regime. Such transitional measures should therefore allow Member States to apply the provisions of this Directive to products which have been authorised or which were in the process of being authorised before the entry into force of this Directive, provided that authorised genetically modified varieties of seed and plant propagating material already lawfully planted are not affected.

               (27)

               The provisions laid down in Articles 26b and 26c of Directive 2001/18/EC apply without prejudice to Article 23 of that Directive as well as Article 34 of Regulation (EC) No 1829/2003.

               (28)

               Directive 2001/18/EC should therefore be amended accordingly,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2001/18/EC is amended as follows:

               (1)

               In Article 26a, the following paragraph is inserted:
               ‘1a.   As from 3 April 2017 Member States in which GMOs are cultivated shall take appropriate measures in border areas of their territory with the aim of avoiding possible cross-border contamination into neighbouring Member States in which the cultivation of those GMOs is prohibited, unless such measures are unnecessary in the light of particular geographical conditions. Those measures shall be communicated to the Commission.’

               (2)

               The following Articles are inserted:
               ‘Article 26b
               Cultivation
               1.   During the authorisation procedure of a given GMO or during the renewal of consent/authorisation, a Member State may demand that the geographical scope of the written consent or authorisation be adjusted to the effect that all or part of the territory of that Member State is to be excluded from cultivation. That demand shall be communicated to the Commission at the latest 45 days from the date of circulation of the assessment report under Article 14(2) of this Directive, or from receiving the opinion of the European Food Safety Authority under Article 6(6) and Article 18(6) of Regulation (EC) No 1829/2003. The Commission shall present the demand of the Member State to the notifier/applicant and to the other Member States without delay. The Commission shall make the demand publicly available by electronic means.
               2.   Within 30 days from the presentation by the Commission of that demand, the notifier/applicant may adjust or confirm the geographical scope of its initial notification/application.
               In the absence of confirmation, the adjustment of the geographical scope of the notification/application shall be implemented in the written consent issued under this Directive and, where applicable, the decision issued in accordance with Article 19 of this Directive as well as the decision of authorisation adopted under Articles 7 and 19 of Regulation (EC) No 1829/2003.
               The written consent issued under this Directive and, where applicable, the decision issued in accordance with Article 19 of this Directive, as well as the decision of authorisation adopted under Articles 7 and 19 of Regulation (EC) No 1829/2003, shall then be issued on the basis of the adjusted geographical scope of the notification/application.
               Where a demand in accordance with paragraph 1 of this Article is communicated to the Commission after the date of circulation of the assessment report under Article 14(2) of this Directive, or after receipt of the opinion of the European Food Safety Authority under Article 6(6) and Article 18(6) of Regulation (EC) No 1829/2003, the timelines set out in Article 15 of this Directive to issue the written consent or, as the case may be, in Articles 7 and 19 of Regulation (EC) No 1829/2003 to submit to the Committee a draft of the decision to be taken, shall be extended by a single period of 15 days regardless of the number of Member States presenting such demands.
               3.   Where no demand was made pursuant to paragraph 1 of this Article, or where the notifier/applicant has confirmed the geographical scope of its initial notification/application, a Member State may adopt measures restricting or prohibiting the cultivation in all or part of its territory of a GMO, or of a group of GMOs defined by crop or trait, once authorised in accordance with Part C of this Directive or with Regulation (EC) No 1829/2003, provided that such measures are in conformity with Union law, reasoned, proportional and non-discriminatory and, in addition, are based on compelling grounds such as those related to:

                           (a)

                           environmental policy objectives;

                           (b)

                           town and country planning;

                           (c)

                           land use;

                           (d)

                           socioeconomic impacts;

                           (e)

                           avoidance of GMO presence in other products without prejudice to Article 26a;

                           (f)

                           agricultural policy objectives;

                           (g)

                           public policy.

                     Those grounds may be invoked individually or in combination, with the exception of the ground set out in point (g) which cannot be used individually, depending on the particular circumstances of the Member State, region or area in which those measures will apply, but shall, in no case, conflict with the environmental risk assessment carried out pursuant to this Directive or to Regulation (EC) No 1829/2003.
               4.   A Member State which intends to adopt measures pursuant to paragraph 3 of this Article shall first communicate a draft of those measures and the corresponding grounds invoked to the Commission. This communication may take place before the GMO authorisation procedure under Part C of this Directive or under Regulation (EC) No 1829/2003 has been completed. During a period of 75 days starting from the date of such communication:

                           (a)

                           the Member State concerned shall refrain from adopting and implementing those measures;

                           (b)

                           the Member State concerned shall ensure that operators refrain from planting the GMO or GMOs concerned; and

                           (c)

                           the Commission may make any comments it considers appropriate.

                     On expiry of the 75-day period referred to in the first subparagraph, the Member State concerned may, for the whole duration of the consent/authorisation and as from the date of entry into force of the Union authorisation, adopt the measures either in the form originally proposed, or as amended to take account of any non-binding comments received from the Commission. Those measures shall be communicated to the Commission, the other Member States and the authorisation holder without delay.
               Member States shall make publicly available any such measure to all operators concerned, including growers.
               5.   Where a Member State wishes all or part of its territory to be reintegrated into the geographical scope of the consent/authorisation from which it was previously excluded pursuant to paragraph 2, it may make a request to that effect to the competent authority which issued the written consent under this Directive or to the Commission if the GMO has been authorised under Regulation (EC) No 1829/2003. The competent authority which has issued the written consent or the Commission, as the case may be, shall amend the geographical scope of the consent or of the decision of authorisation accordingly.
               6.   For the purposes of an adjustment of the geographical scope of the consent/authorisation of a GMO under paragraph 5:

                           (a)

                           for a GMO which has been authorised under this Directive, the competent authority which has issued the written consent shall amend the geographical scope of the consent accordingly and inform the Commission, the Member States and the authorisation holder once this is complete;

                           (b)

                           for a GMO which has been authorised under Regulation (EC) No 1829/2003, the Commission shall amend the decision of authorisation accordingly, without applying the procedure set out in Article 35(2) of that Regulation. The Commission shall inform the Member States and the authorisation holder accordingly.

                     7.   Where a Member State has revoked measures taken pursuant to paragraphs 3 and 4, it shall notify the Commission and the other Member States without delay.
               8.   Measures adopted under this Article shall not affect the free circulation of authorised GMOs as, or in, products.
               Article 26c
               Transitional measures
               1.   From 2 April 2015 until 3 October 2015, a Member State may demand that the geographical scope of a notification/application submitted, or of an authorisation granted, under this Directive or Regulation (EC) No 1829/2003 before 2 April 2015 be adjusted. The Commission shall present the demand of the Member State to the notifier/applicant and to the other Member States without delay.
               2.   Where the notification/application is pending and the notifier/applicant has not confirmed the geographical scope of its initial notification/application within 30 days from the communication of the demand referred to in paragraph 1 of this Article, the geographical scope of the notification/application shall be adjusted accordingly. The written consent issued under this Directive and, where applicable, the decision issued in accordance with Article 19 of this Directive as well as the decision of authorisation adopted under Articles 7 and 19 of Regulation (EC) No 1829/2003 shall then be issued on the basis of the adjusted geographical scope of the notification/application.
               3.   Where the authorisation has already been granted and the authorisation holder has not confirmed the geographical scope of the authorisation within 30 days from the communication of the demand referred to in paragraph 1 of this Article, the authorisation shall be modified accordingly. For a written consent under this Directive, the competent authority shall amend the geographical scope of the consent accordingly and shall inform the Commission, the Member States, and the authorisation holder once this is complete. For an authorisation under Regulation (EC) No 1829/2003, the Commission shall amend the decision of authorisation accordingly, without applying the procedure set out in Article 35(2) of that Regulation. The Commission shall inform the Member States and the authorisation holder accordingly.
               4.   Where no demand was made pursuant to paragraph 1 of this Article, or where a notifier/applicant or, as the case may be, an authorisation holder has confirmed the geographical scope of its initial application or, as the case may be, authorisation, paragraphs 3 to 8 of Article 26b shall apply mutatis mutandis.
               5.   This Article is without prejudice to the cultivation of any authorised GMO seeds and plant propagating materials which were planted lawfully before the cultivation of the GMO is restricted or prohibited in the Member State.
               6.   Measures adopted under this Article shall not affect the free circulation of authorised GMOs as, or in, products.’.
         Article 2
   No later than 3 April 2019, the Commission shall present a report to the European Parliament and to the Council regarding the use made by Member States of this Directive including the effectiveness of the provisions enabling Member States to restrict or prohibit the cultivation of GMOs in all or part of their territory and the smooth functioning of the internal market. That report may be accompanied by any legislative proposals the Commission considers appropriate.
   By the same date as referred to in the first paragraph, the Commission shall also report to the European Parliament and to the Council on the actual remediation of environmental damages that might occur due to the cultivation of GMOs, on the basis of information made available to the Commission pursuant to Articles 20 and 31 of Directive 2001/18/EC and Articles 9 and 21 of Regulation (EC) No 1829/2003.
   Article 3
   No later than 3 April 2017, the Commission shall update the Annexes to Directive 2001/18/EC in accordance with Article 27 of that Directive as regards the environmental risk assessment, with a view to incorporating and building upon the strengthened 2010 Authority guidance on the environmental risk assessment of genetically modified plants.
   Article 4
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2015.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         Z. KALNIŅA-LUKAŠEVICA

      (1)  OJ C 54, 19.2.2011, p. 51.

      (2)  OJ C 102, 2.4.2011, p. 62.

      (3)  Position of the European Parliament of 5 July 2011 (OJ C 33 E, 5.2.2013, p. 350) and position of the Council at first reading of 23 July 2014 (OJ C 349, 3.10.2014, p. 1).Position of the European Parliament of 13 January 2015 (not yet published in the Official Journal) and decision of the Council of 2 March 2015.

      (4)  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1).

      (5)  Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1).

      (6)  Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298).

      (7)  Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309).

      (8)  Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (OJ L 93, 17.4.1968, p. 15).

      (9)  Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (OJ L 226, 13.8.1998, p. 16).

      (10)  Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (OJ L 11, 15.1.2000, p. 17).

      (11)  Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, p. 1).

      (12)  Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 193, 20.7.2002, p. 12).

      (13)  Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).

      (14)  Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (OJ L 193, 20.7.2002, p. 60).

      (15)  Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74).

      (16)  Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8).

      (17)  Commission Recommendation of 13 July 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMOs in conventional and organic crop (OJ C 200, 22.7.2010, p. 1).

      (18)  Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 204, 21.7.1998, p. 37).

      (19)  Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (OJ L 268, 18.10.2003, p. 24).


Avis juridique important

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31997L0074

Council Directive 97/74/EC of 15 December 1997 extending, to the United Kingdom of Great Britain and Northern Ireland, Directive 94/45/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees

Official Journal L 010 , 16/01/1998 P. 0022 - 0023

COUNCIL DIRECTIVE 97/74/EC of 15 December 1997 extending, to the United Kingdom of Great Britain and Northern Ireland, Directive 94/45/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employeesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas the Council, acting in accordance with the Agreement on social policy annexed to Protocol 14 to the Treaty, and in particular Article 2(2) thereof, adopted Directive 94/45/EC (4); whereas, as a result, the said Directive does not apply to the United Kingdom of Great Britain and Northern Ireland;Whereas the Amsterdam European Council held on 16 and 17 June 1997 noted with approval the agreement of the Intergovernmental Conference to incorporate the Agreement on social policy in the Treaty and also noted that a means should be found to give legal effect to the wish of the United Kingdom of Great Britain and Northern Ireland to accept the Directives already adopted on the basis of that Agreement before the signature of the Amsterdam Treaty; whereas this Directive seeks to achieve this aim by extending Directive 94/45/EC to the United Kingdom;Whereas the fact that Directive 94/45/EC is not applicable in the United Kingdom directly affects the functioning of the internal market; whereas implementation of the said Directive in all the Member States will improve the functioning of the internal market;Whereas Directive 94/45/EC provides for a maximum of 17 members of the special negotiating body; whereas such a number corresponds to the 14 Member States which are party to the Agreement on social policy plus the three remaining Contracting Parties of the European Economic Area; whereas the adoption of this Directive will bring the total number of States covered by Directive 94/45/EC to 18; whereas, therefore, the abovementioned maximum should be increased to 18 so that each Member State in which the Community-scale undertaking has one or more establishments or in which the Community-scale group of undertakings has the controlling undertaking or one or more controlled undertakings is represented;Whereas Directive 94/45/EC provides for special treatment to be accorded to Community-scale undertakings and groups of undertakings in which there is, at 22 September 1996, an agreement covering the entire workforce providing for the transnational information and consultation of employees; whereas, accordingly, Community-scale undertakings and groups of undertakings falling within the scope of that Directive solely as a result of its application to the United Kingdom should be granted similar treatment;Whereas the adoption of this Directive will make Directive 94/45/EC applicable in all Member States including the United Kingdom; whereas, from the date on which this Directive enters into force, the term 'Member States` in Directive 94/45/EC should be construed as including, where appropriate, the United Kingdom;Whereas Member States were required to bring into force the laws, regulations and administrative provisions to comply with Directive 94/45/EC no later than two years after its adoption; whereas a similar period should be granted to the United Kingdom, as well as to the other Member States, to bring into force the necessary measures to comply with this Directive,HAS ADOPTED THIS DIRECTIVE:Article 1 Without prejudice to Article 3, Directive 94/45/EC shall apply to the United Kingdom of Great Britain and Northern Ireland.Article 2 In Article 5(2)(b) of Directive 94/45/EC '17` shall be replaced by '18`.Article 3 1. The obligations resulting from this Directive shall not apply to Community-scale undertakings or Community-scale groups of undertakings, which, solely by virtue of Article 1, fall within the scope of this Directive, provided that, on the date laid down in Article 4(1) or the date of its transposition in the Member State in question, where this is earlier than the said date, there is already an agreement covering the entire workforce providing for the transnational information and consultation of employees.2. When the agreements referred to in paragraph 1 expire, the parties to those agreements may decide jointly to renew them. Where this is not the case, Directive 94/45/EC, as extended by this Directive, shall apply.Article 4 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 15 December 1999 or shall ensure, by that date at the latest, that management and labour introduce the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them at all times to guarantee the results imposed by this Directive. They shall forthwith inform the Commission thereof.2. 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 the Member States.Article 5 This Directive is addressed to the Member States.Done at Brussels, 15 December 1997.For the CouncilThe PresidentJ.-C. JUNCKER(1) OJ C 335, 6. 11. 1997.(2) OJ C 371, 8. 12. 1997.(3) OJ C 355, 21. 11. 1997.(4) OJ L 254, 30. 9. 1994, p. 64.


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31998L0007

Directive 98/7/EC of the European Parliament and of the Council of 16 February 1998 amending Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Official Journal L 101 , 01/04/1998 P. 0017 - 0023

DIRECTIVE 98/7/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 February 1998 amending Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal of the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),Whereas it is desirable, in order to promote the establishment and functioning of the internal market and to ensure that consumers benefit from a high level of protection, that a single method of calculating the annual percentage rate of charge for consumer credit should be used throughout the Community;Whereas Article 5 of Directive 87/102/EEC (4) provides for the introduction of a Community method or methods of calculating the annual percentage rate of charge;Whereas, in order to introduce this single method, it is desirable to draw up a single mathematical formula for calculating the annual percentage rate of charge and for determining the credit cost items to be used in the calculation by indicating those costs which must not be taken into account;Whereas Annex II of Directive 87/102/EEC introduced a mathematical formula for the calculation of the annual percentage rate of charge and Article 1a(2) of that Directive provided for the charges to be excluded from the calculation of the 'total cost of credit to the consumer`;Whereas during a transitional period of three years from 1 January 1993, Member States which prior to 1 March 1990 applied laws which permitted the use of another mathematical formula for calculating the annual percentage rate of charge, were permitted to continue to apply such laws;Whereas the Commission has submitted a Report to the Council which makes it possible, in the light of experience, to apply a single Community mathematical formula for calculating the annual percentage rate of charge;Whereas, since no Member State has made use of Article 1a(3) of Directive 87/102/EEC by which certain costs were excluded from the calculation of the annual percentage rate of charge in certain Member States, it has become obsolete;Whereas accuracy to at least one decimal place is necessary;Whereas a year is presumed to have 365 days or 365,25 days or (for leap years) 366 days, 52 weeks or 12 equal months; whereas an equal month is presumed to have 30,41666 days;Whereas it is desirable that consumers should be able to recognize the terms used different Member States to indicate the 'annual percentage rate of charge`;Whereas it is appropriate to study without delay to what extent a further degree of harmonization of the cost elements of consumer credit is necessary in order to put the European consumer in a position to make a better comparison between the actual percentage rates of charges offered by institutions in the various Member States, thereby ensuring harmonious functioning of the internal market,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 87/102/EEC shall be amended as follows:(a) Article 1a(1)(a) shall be replaced by the following:- in the Greek language version of the Directive:'Ôï óõíïëéêü åôÞóéï ðñáãìáôéêü ðïóïóôü åðéâÜñõíóçò ðïõ åîéóþíåé óå åôÞóéá âÜóç ôéò ðáñïýóåò áîßåò ôïõ óõíüëïõ ôùí ôñå÷ïõóþí Þ ìåëëïíôéêþí õðï÷ñåþóåùí (äáíåßùí, åîïöëÞóåùí êáé åðéâáñýíóåùí) ðïõ Ý÷ïõí áíáëçöèåß áðü ôï äáíåéóôÞ êáé ôï (äáíåéæüìåíï) êáôáíáëùôÞ, õðïëïãßæåôáé óýìöùíá ìå ôï ìáèçìáôéêü ôýðï ðïõ ðáñáôßèåôáé óôï ðáñÜñôçìá ÉÉ.`,- in the English language version of the Directive:'The annual percentage rate of charge which shall be that rate, on an annual basis which equalizes the present value of all commitments (loans, repayments and charges), future or existing, agreed by the creditor and the borrower, shall be calculated in accordance with the mathematical formula set out in Annex II.`;(b) Article 1a(3) shall be deleted;(c) Article 1a(5) shall be deleted;(d) Article 3 shall be replaced by the following:'Without prejudice to Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (*), and to the rules and principles applicable to unfair advertising, any advertisement, or any offer which is displayed at business premises, in which a person offers credit or offers to arrange a credit agreement and in which a rate of interest or any figures relating to the cost of the credit are indicated, shall also include a statement of the annual percentage rate of charge, by means of a representative example if no other means is practicable.(*) OJ L 250, 19.9.1984, p. 17. Directive as last amended by Directive 97/55/EC (OJ L 280, 23.10.1997, p. 18).`;(e) Annex II shall be replaced by the text of Annex I attached hereto;(f) Annex III shall be replaced by the text of Annex II attached hereto.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive no later than two years after the entry into force of this Directive. They shall inform the Commission thereof.When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. The Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.Article 3This Directive is addressed to the Member States.Done at Brussels, 16 February 1998.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentJ. CUNNINGHAM(1) OJ C 235, 13.8.1996, p. 8 andOJ C 137, 3.5.1997, p. 9.(2) OJ C 30, 30.1.1997, p. 94.(3) Opinion of the European Parliament of 20 February 1997 (OJ C 85, 17.3.1997, p. 108), Council Common Position of 7 July 1997 (OJ C 284, 19.9.1997, p. 1) and Decision of the European Parliament of 19 November 1997. Council Decision of 18 December 1997.(4) OJ L 42, 12.2.1987, p. 48. Directive as amended by Directive 90/88/EEC (OJ L 61, 10.3.1990, p. 14).ANNEX I 'ANNEX IITHE BASIC EQUATION EXPRESSING THE EQUIVALENCE OF LOANS ON THE ONE HAND AND REPAYMENTS AND CHARGES ON THE OTHER>TABLE>Meaning of letters and symbols:>TABLE>Remarks:(a) The amounts paid by both parties at different times shall not necessarily be equal and shall not necessarily be paid at equal intervals.(b) The starting date shall be that of the first loan.(c) Intervals between dates used in the calculations shall be expressed in years or in fractions of a year. A year is presumed to have 365 days or 365,25 days or (for leap years) 366 days, 52 weeks or 12 equal months. An equal month is presumed to have 30,41666 days (i.e. >NUM>365/>DEN>12).(d) The result of the calculation shall be expressed with an accuracy of at least one decimal place. When rounding to a particular decimal place the following rule shall apply:If the figure at the decimal place following this particular decimal place is greater than or equal to 5, the figure at this particular decimal place shall be increased by one.(e) Member States shall provide that the methods of resolution applicable give a result equal to that of the examples presented in Annex III.`ANNEX II 'ANNEX IIIEXAMPLES OF CALCULATIONA. CALCULATION OF THE ANNUAL PERCENTAGE RATE OF CHARGE ON A CALENDAR BASIS (1 YEAR = 365 DAYS (OR 366 DAYS FOR LEAP YEARS))First exampleSum loaned: S = ECU 1 000 on 1 January 1994.It is repaid in a single payment of ECU 1 200 made on 1 July 1995 i.e. 1 ½ years or 546 (= 365 + 181) days after the date of the loan.The equation becomes: >TABLE>or:>TABLE>This amount will be rounded to 13 % (or 12,96 % if an accuracy of two decimal places is preferred).Second exampleThe sum loaned is S = ECU 1 000, but the creditor retains ECU 50 for administrative expenses, so that the loan is in fact ECU 950; the repayment of ECU 1 200, as in the first example, is again made on 1 July 1995.The equation becomes: >TABLE>or:>TABLE>This amount will be rounded to 16,9 %.Third exampleThe sum loaned is ECU 1 000, on 1 January 1994, repayable in two amounts, each of ECU 600, paid after one and two years respectively.The equation becomes:>TABLE>It is solved by algebra and produces i = 0,1306623 rounded to 13,1 % (or 13,07 % if an accuracy of two decimal places is preferred).Fourth exampleThe sum loaned is S = ECU 1 000, on 1 January 1994, and the amounts to be paid by the borrower are:>TABLE>The equation becomes:>TABLE>This equation allows i to be calculated by successive approximations, which can be programmed on a pocket calculator.The result is i = 0,13226 rounded to 13,2 % (or 13,23 % if an accuracy of two decimal places is preferred).B. CALCULATION OF THE ANNUAL PERCENTAGE RATE OF CHARGE ON THE BASIS OF A STANDARD YEAR (1 YEAR = 365 DAYS OR 365,25 DAYS, 52 WEEKS, OR 12 EQUAL MONTHS)First exampleSum loaned: S = ECU 1 000.It is repaid in a single payment of ECU 1 200 made in 1,5 years (i.e. 1,5 × 365 = 547,5 days, 1,5 × 365,25 = 547,875 days, 1,5 × 366 = 549 days, 1,5 × 12 = 18 months, or 1,5 × 52 = 78 weeks) after the date of the loan.The equation becomes:>TABLE>or:>TABLE>This amount will be rounded to 12,9 % (or 12,92 % if an accuracy of two decimal places is preferred).Second exampleThe sum loaned is S = ECU 1 000, but the creditor retains ECU 50 for administrative expenses, so that the loan is in fact ECU 950; the repayment of ECU 1 200, as in the first example, is again made 1,5 years after the date of the loan.The equation becomes:>TABLE>or:>TABLE>This amount will be rounded to 16,9 % (or 16,85 % if an accuracy of two decimal places is preferred).Third exampleThe sum loaned is ECU 1 000, repayable in two amounts, each of ECU 600, paid after one and two years respectively.The equation becomes:>TABLE>It is solved by algebra and produces i = 0,13066 which will be rounded to 13,1 % (or 13,07 % if an accuracy of two decimal places is preferred).Fourth exampleThe sum loaned is S = ECU 1 000 and the amounts to be paid by the borrower are:>TABLE>The equation becomes:>TABLE>This equation allows i to be calculated by successive approximations, which can be programmed on a pocket calculator.The result is i = 0,13185 which will be rounded to 13,2 % (or 13,19 % if an accuracy of two decimal places is preferred).`


Council Directive 69/262/EEC of 28 July 1969 on the granting of aid to shipbuilding aimed at correcting competition on the international market


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31980L1139

Thirty-Fifth Commission Directive 80/1139/EEC of 25 November 1980 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 336 , 13/12/1980 P. 0042 - 0042

****( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 251 , 24 . 9 . 1980 , P . 17 .    THIRTY-FIFTH COMMISSION DIRECTIVE   OF 25 NOVEMBER 1980   AMENDING THE ANNEXES TO COUNCIL DIRECTIVE 70/524/EEC CONCERNING ADDITIVES IN FEEDINGSTUFFS  ( 80/1139/EEC )   THE COMMISSION 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 THE THIRTY-FOURTH COMMISSION DIRECTIVE 80/884/EEC ( 2 ), AND IN PARTICULAR ARTICLES 6 AND 16A ( 4 ) THEREOF ,   WHEREAS DIRECTIVE 70/524/EEC STIPULATES THAT THE ANNEXES MUST BE CONSTANTLY ADAPTED TO TAKE ACCOUNT OF DEVELOPMENTS IN SCIENTIFIC AND TECHNICAL KNOWLEDGE ;   WHEREAS THE CONDITIONS GOVERNING THE USE OF THE ANTIBIOTIC LINCOMYCIN AND THE COCCIDIOSTATS DIMITRIDAZOLE AND RONIDAZOL AT PRESENT LISTED IN ANNEX II , REQUIRE ADDITIONAL EXAMINATION ; WHEREAS IT IS THEREFORE NECESSARY TO EXTEND THE VALIDITY OF THEIR AUTHORIZATION FOR A GIVEN PERIOD , WHILST AWAITING THE OUTCOME OF THIS EXAMINATION ;   WHEREAS , IN THE ABSENCE OF AN OPINION FROM THE STANDING COMMITTEE FOR FEEDINGSTUFFS AND A COUNCIL DECISION WITHIN A PERIOD OF THREE MONTHS , THE COMMISSION IS EMPOWERED , IN ACCORDANCE WITH THE PROVISIONS OF THE SECOND SUBPARAGRAPH OF ARTICLE 16A ( 4 ) OF DIRECTIVE 70/524/EEC TO ADOPT THE NECESSARY MEASURES ,   HAS ADOPTED THIS DECISION :   ARTICLE 1   IN ANNEX II OF DIRECTIVE 70/524/EEC :   1 . IN PART A , ' ANTIBIOTICS ' , THE DATE ' 30 JUNE 1980 '  IN THE  ' PERIOD OF AUTHORIZATION '  COLUMN IS HEREBY REPLACED BY ' 30 JUNE 1981 '  IN RESPECT OF THE FOLLOWING ITEM :   NO 17 LINCOMYCIN ;   2 . IN PART B , ' COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES ' , THE DATE ' 30 JUNE 1980 '  IN THE ' PERIOD OF AUTHORIZATION '  COLUMN IS HEREBY REPLACED BY ' 30 JUNE 1981 ' IN RESPECT OF THE FOLLOWING ITEMS :   NO 2 DIMITRIDAZOLE ;   NO 12 RONIDAZOL .   ARTICLE 2   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 25 NOVEMBER 1980 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT


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31988L0014

Fourth Council Directive 88/14/EEC of 22 December 1987 on summertime arrangements

Official Journal L 006 , 09/01/1988 P. 0038 - 0038

*****FOURTH  COUNCIL DIRECTIVE  of 22 December 1987  on summertime arrangements  (88/14/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission,  In cooperation with the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the Third Council Directive 84/634/EEC of 12 December 1984 on summertime arrangements (3), as last amended by Directive 85/582/EEC (4), introduced a common date and time throughout the Community for the beginning of the summertime period for 1986, 1987 and 1988, and, for the end of that period in those years, two different dates, one for Member States apart from Ireland and the United Kingdom and one for Ireland and the United Kingdom;  Whereas Article 5 of the Third Directive provides that the Council, acting on a proposal from the Commission, shall adopt by 1 January 1988 the arrangements to apply from 1989 onwards;  Whereas not all the elements necessary for determining the date for the end of the summertime period are available at present; whereas the current arrangement should therefore be continued in 1989;  Whereas a common date and time for the beginning of the summertime period in the whole Community area should be fixed for this year;  Whereas, on a provisional basis during this year, two different dates for the end of the summertime period should be fixed for the Member States apart from Ireland and the United Kingdom, on the one hand, and Ireland and the United Kingdom, on the other;  Whereas, for geographical reasons, common summertime arrangements should not apply to the overseas territories of the Member States,  HAS ADOPTED THIS DIRECTIVE:  Article 1  For the purposes of this Directive the expression 'summertime period' means the period of the year during which the time is advanced by 60 minutes in relation to the time for the rest of the year.  Article 2  Member States shall take the measures necessary to ensure that in each Member State the summertime period for 1989 begins at 1 a.m. Greenwich Mean Time on Sunday 26 March 1989.  Article 3  The Member States, apart from Ireland and the United Kingdom, shall take the measures necessary to ensure that the summertime period for 1989 ends at 1 a.m. Greenwich Mean Time, on Sunday 24 September 1989.  Article 4  Ireland and the United Kingdom shall take the measures necessary to ensure that the summertime period for 1989 ends at 1 a.m. Greenwich Mean Time, on Sunday 29 October 1989.  Article 5  The Council, acting on a proposal from the Commission, shall adopt by 1 January 1989 the arrangements to apply from 1990 onwards.  Article 6  This Directive shall not apply to the overseas territories of the Member States.  Article 7  This Directive is addressed to the Member States.  Done at Brussels, 22 December 1987.  For the Council  The President  N. WILHJELM  (1) OJ No C 345, 21. 12. 1987.  (2) OJ No C 356, 31. 12. 1987.  (3) OJ No L 331, 19. 12. 1984, p. 33.  (4) OJ No L 372, 31. 12. 1985, p. 38.


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31995L0067

Commission Directive 95/67/EC of 15 December 1995 making a technical amendment to Council Directive 89/647/EEC on a solvency ratio for credit institutions as regards the definition of 'multilateral development banks' (Text with EEA relevance)

Official Journal L 314 , 28/12/1995 P. 0072 - 0072

COMMISSION DIRECTIVE  95/67/EC of 15 December 1995 making a technical amendment to Council Directive 89/647/EEC on a  solvency ratio for credit institutions as regards the definition of 'multilateral development  banks` (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 89/647/EEC of 18 December 1989 on a solvency ratio for credit  institutions  (1) as last amended by Commission Directive 95/15/CE  (2), and in particular Article  9 thereof, Whereas 'multilateral development banks` are defined by list in the seventh indent of Article 2 (1)  of Directive 89/647/EEC; Whereas the Inter-American Investment Corporation is affiliated with the Inter-American Development  Bank; whereas the purpose of the Inter-American Investment Corporation is to promote the economic  development of its developing regional member countries by encouraging the establishment, expansion  and modernization of private - preferably small or medium-scale - enterprises, so as to complement  the activities of the Inter-American Development Bank; whereas the Inter-American Investment  Corporation has the same basic characteristics as 'multilateral development banks` and should  therefore be included in the definition of 'multilateral development banks` contained in Directive  89/64/EEC; Whereas the measures provided for in this Directive are in accordance with the opinion of the  Banking Advisory Committee acting as the committee required to assist the Commission in accordance  with the procedure laid down in Article 9 (2) of Directive 89/647/EEC; Whereas this Directive concerns the European Economic Area (EEA); whereas the procedure of Article  99 of the Agreement on the European Economic Area has been complied with, HAS ADOPTED THIS DIRECTIVE: Article 1 The definition of 'multilateral development banks` contained in the  seventh indent of Article 2 (1) of Directive 89/647/EEC shall include the Inter-American Investment  Corporation. Article 2 1.  Member States shall take the measures necessary to comply with the provisions of  this Directive not later than 1 July 1996. The provisions adopted pursuant to this paragraph shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by the Member States. 2.  Member States shall communicate to the Commission the texts of the main laws, regulations and  administrative provisions which they adopt in the field covered by this Directive. Article 3 This Directive shall enter into force on the 20th day following its publication in the  Official Journal of the European Communities. Article 4 This Directive is addressed to the Member States. Done at Brussels, 15 December 1995. For the Commission Mario MONTI Member of the Commission


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31998L0061

Directive 98/61/EC of the European Parliament and of the Council of 24 September 1998 amending Directive 97/33/EC with regard to operator number portability and carrier pre-selection

Official Journal L 268 , 03/10/1998 P. 0037 - 0038

DIRECTIVE 98/61/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 September 1998 amending Directive 97/33/EC with regard to operator number portability and carrier pre-selection THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),Whereas the Commission organised a broad public consultation on the basis of a Green Paper on a numbering policy for telecommunications services in Europe;Whereas this consultation underlined the importance of equal quantitative and qualitative access to numbering resources for all market players and the crucial significance of adequate numbering mechanisms, in particular for number portability and carrier selection, as key facilitators of consumer choice and effective competition in a liberalised telecommunications environment;Whereas the Council adopted a resolution (4) on 22 September 1997 inviting the Commission to submit proposals to the European Parliament and to the Council regarding the accelerated introduction of number portability and regarding the introduction of carrier preselection;Whereas on 17 July 1997 the European Parliament adopted a resolution (5) calling on the Commission to submit a proposal for an amendment to an already existing directive with a view to introducing carrier pre-selection and number portability;Whereas, in the interests of the consumer and taking into account specific national market situations, national regulatory authorities may extend the obligation to provide carrier pre-selection with call-by-call override to organisations operating public telecommunications networks without significant market power, where this does not impose a disproportionate burden on such organisations or create a barrier to entry in the market for new operators;Whereas Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of open network provision (ONP) (6) should therefore be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1 Directive 97/33/EC is hereby amended as follows:1. the following definitions shall be added to Article 2(1):'(h) "subscriber" means any natural or legal person who or which is party to a contract with the provider of publicly available telecommunications services for the supply of such services;(i) "geographic number" means a number from the national numbering plan where part of its digit structure contains geographic significance used for routing calls to the physical location of the network termination point of the subscriber to whom the number has been assigned;`2. the first subparagraph of Article 12(5) shall be replaced by the following:'5. National regulatory authorities shall encourage the earliest possible introduction of operator number portability whereby subscribers who so request can retain their number(s) on the fixed public telephone network and the integrated services digital network (ISDN) independent of the organisation providing service, in the case of geographic numbers at a specific location and in the case of other than geographic numbers at any location, and shall ensure that this facility is available by 1 January 2000 at the latest or, in those countries which have been granted an additional transition period, as soon as possible after, but no later than two years after any later date agreed for full liberalisation of voice telephony services.`3. the following paragraph shall be added to Article 12:'7. National regulatory authorities shall require at least organisations operating public telecommunications networks as set out in Part 1 of Annex I and notified by national regulatory authorities as organisations having significant market power, to enable their subscribers, including those using ISDN, to access the switched services of any interconnected provider of publicly available telecommunications services. For this purpose facilities shall be in place by 1 January 2000 at the latest or, in those countries which have been granted an additional transition period, as soon as possible thereafter, but no later than two years after any later date agreed for full liberalisation of voice telephony services, which allow the subscriber to choose these services by means of pre-selection with a facility to override any pre-selected choice on a call-by-call basis by dialling a short prefix.National regulatory authorities shall ensure that pricing for interconnection related to the provision of this facility is cost-orientated and that direct charges to consumers, if any, do not act as a disincentive for the use of this facility.`4. the first sentence of Article 20(2) shall be replaced by the following:'2. Deferment of the obligations under Article 12(5) and (7) may be requested where the Member States concerned can prove that they would impose an excessive burden on certain organisations or classes of organisation.`Article 2 1. Member States shall take the measures necessary to comply with this Directive before 31 December 1998. 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 the Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.Article 3 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 24 September 1998.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentJ. FARNLEITNER(1) OJ C 330, 1. 11. 1997, p. 19, and OJ C 13, 17. 1. 1998, p. 10.(2) OJ C 73, 9. 3. 1998, p. 107.(3) Opinion of the European Parliament of 20 November 1997 (OJ C 371, 8. 12. 1997, p. 180), Council common position of 12 February 1998 (OJ C 91, 26. 3. 1998, p. 42) and Decision of the European Parliament of 14 May 1998 (OJ C 167, 1. 6. 1998). Council Decision of 20 July 1998.(4) OJ C 303, 4. 10. 1997, p. 1.(5) OJ C 286, 22. 9. 1997, p. 232.(6) OJ L 199, 26. 7. 1997, p. 32.


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31995L0066

Commission Directive 95/66/EC of 14 December 1995 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Official Journal L 308 , 21/12/1995 P. 0077 - 0078

COMMISSION DIRECTIVE 95/66/EC of 14 December 1995 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 95/41/EC (2), and in particular Article 13, second subparagraph, third and fourth indents thereof,Whereas certain provisions on fruits of Citrus clementina Hort. ex Tanaka, with leaves and peduncles established for protected zones recognized in respect of Citrus tristeza virus (European isolates) should be modified to take into account the movement of all fruit of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles throughout the Community;Whereas the amendments are in agreement with the requests of the Member States concerned;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee and Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 77/93/EEC is hereby amended as indicated in the Annex to this Directive.Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 January 1996. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. The Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 3 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 14 December 1995.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 26, 31. 1. 1977, p. 20.(2) OJ No L 182, 2. 8. 1995, p. 17.ANNEX 1. In Annex II, Part B (d), the entry is replaced by the following:>TABLE>2. In Annex IV, Part A, Section II, point 31.2 is deleted.3. In Annex IV, Part B, point 31 is replaced by the following:>TABLE>4. In Annex V, Part A, I, point 1.6 is replaced by the following:'1.6 Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles`.


Avis juridique important

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31999L0026

Commission Directive 1999/26/EC of 20 April 1999 adapting to technical progress Council Directive 93/94/EEC relating to the space for mounting the rear registration plate of two or three-wheel motor vehicles (Text with EEA relevance)

Official Journal L 118 , 06/05/1999 P. 0032 - 0035

COMMISSION DIRECTIVE 1999/26/ECof 20 April 1999adapting to technical progress Council Directive 93/94/EEC relating to the space for mounting the rear registration plate of two or three-wheel motor vehicles(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles(1), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 16 thereof,Having regard to Council Directive 93/94/EEC of 29 October 1993 relating to the space for mounting the rear registration plate of two or three-wheel motor vehicles(2), and in particular Article 3 thereof,(1) Whereas Directive 93/94/EEC is one of the separate Directives of the Community type-approval procedure introduced by Directive 92/61/EEC; whereas the provisions of Directive 92/61/EEC relating to vehicle systems, components and technical units therefore apply to that Directive;(2) Whereas developments in technology now permit an adaptation of Council Directive 93/94/EEC to technical progress; whereas in order to ensure the proper functioning of the type-approval system as a whole, it is therefore necessary to clarify or complete certain provisions of the Directive concerned;(3) Whereas to this end it is necessary to adapt the provisions relating to the load conditions of vehicles when measuring the inclination and those relating to the dimensions of spaces for mounting the rear registration plate of quadricycles fitted with a body as well as to align Figure 1 on the actual position of vehicles during tests and to better specify certain references in the information document;(4) Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress set up by Article 13 of Council Directive 70/156/EEC(3), as last amended by Directive 98/91/EC of the European Parliament and of the Council(4),HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 93/94/EEC is hereby amended in accordance with the Annex to this Directive.Article 21. With effect from 1 January 2000, Member States shall not, on grounds relating to the space for mounting the rear registration plate:- refuse, in respect of a type of two or three-wheel vehicle, to grant EC type-approval,- prohibit the registration, sale or entry into service of two or three-wheel motor vehicles,if the space for mounting the rear registration plate complies with the requirements of Directive 93/94/EEC as amended by this Directive.2. With effect from 1 July 2000, Member States shall refuse to grant EC type-approval for any type of two or three-wheel motor vehicle on grounds relating to the space for mounting the rear registration plate if the requirements of Directive 93/94/EEC, as amended by this Directive, are not fulfilled.Article 31. Member States shall adopt and publish, no later than 31 December 1999, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 January 2000.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the texts of the main provisions of national law that they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 20 April 1999.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 225, 10.8.1992, p. 72.(2) OJ L 311, 14.12.1993, p. 83.(3) OJ L 42, 23.2.1970, p. 1.(4) OJ L 11, 16.1.1999, p. 25.ANNEX1. Item 1.1 is replaced by the following: "1.1. Mopeds and light quadricycles without a body".2. Item 1.2 is replaced by the following: "1.2. Motorcycles, tricycles up to a maximum power of 15 kW and quadricycles, other than light quadricycles, without a body".3. Item 1.3 is replaced by the following: "1.3. Tricycles with a maximum power exceeding 15 kW, light quadricycles fitted with a body and quadricycles other than light quadricycles fitted with a body".4. Item 3.1.2 is replaced by the following: "3.1.2. may be inclined from the vertical by not more than 30°, with the vehicle unladen, when the backing plate for the registration number faces upwards;".5. Item 3.1.3 is replaced by the following: "3.1.3. may be inclined by not more than 15° from the vertical, with the vehicle unladen, when the backing plate for the registration number faces downwards;".6. Item 4.1 is replaced by the following: "4.1. No point on the space for mounting the registration plate may be more than 1,5 m above the ground when the vehicle is unladen".7. Item 5.1 is replaced by the following: "5.1. No point on the space for mounting the registration plate shall be less than 0,20 m above the ground or less than the radius of the wheel above the ground if that is less than 0,20 m, when the vehicle is unladen".8. Figure 1 is replaced by the following: "Figure 1>PIC FILE= "L_1999118EN.003402.EPS">Angle of geometric visibility (dihedral with horizontal edge)"9. Appendix 1 is replaced by the following: "Appendix 1Information document in respect of the space for mounting the rear registration plate of a type of two or three-wheel motor vehicle(to be attached to the application for component type-approval where this is submitted separately from the application for vehicle type-approval)Order No (assigned by the applicant):The application for component type-approval in respect of the space for mounting the rear registration plate of a type of two or three-wheel motor vehicle must contain the information set out in Annex II to Council Directive 92/61/EEC, Part A, sections:- 0.1,- 0.2,- 0.4 to 0.6,- 2.2,- 2.2.1,- 9.6,- 9.6.1".