Avis juridique important

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31991L0465

Council Directive 91/465/EEC of 22 July 1991 amending Directive 86/466/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Spain)

Official Journal L 251 , 07/09/1991 P. 0001 - 0009

COUNCIL DIRECTIVE of 22 July 1991 amending Directive 86/466/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Spain) (91/465/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill-farming and farming in certain less-favoured areas(1), as last amended by Regulation (EEC) No 797/85(2), and in particular Article 2 (2) thereof,  Having regard to the proposal from the Commission(3),  Having regard to the opinion of the European Parliament(4),  Whereas Directive 86/466/EEC(5), as amended by Decision 89/566/EEC(6), sets out the areas of Spain which are included in the Community list of less-favoured farming areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC;  Whereas the Government of the Kingdom of Spain has requested, pursuant to Article 2 (2) of Directive 75/268/EEC, that the Community list of farming areas listed in the Annex to Directive 86/466/EEC be amended in accordance with the Annexes to this  Directive;  Whereas the new areas to be included in the list are in line with the criteria and figures used in Directive 86/466/EEC for determining the areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC;  Whereas the protection of the environment constitutes an important criterion in Directive 86/466/EEC for the demarcation of less-favoured areas affected by specific handicaps within the meaning of Article 3 (5) of Directive 75/268/EEC and whereas severe  damage could be inflicted on the natural environment as a result of the existence of mining and quarrying activities; whereas, moreover, the total extent of these areas does not exceed 4 % of the area of the Member State concerned (3,86 %);  Whereas all the amendments requested by the Spanish Government pursuant to Article 2 (2) of Directive 75/268/EEC have the effect of increasing the utilized agricultural area of all the less-favoured areas by not more than 4,5 % of the total utilized  agricultural area of Spain,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The list of less-favoured areas of Spain as set out in the Annex to Directive 86/466/EEC is hereby amended in accordance with the lists set out in the Annexes to this Directive.  Article 2  This Directive is addressed to the Kingdom of Spain.  Done at Brussels, 22 July 1991.  For the CouncilThe PresidentP. DANKERT (1)OJ No L 128, 19. 5. 1975, p. 1.  (2)OJ No L 93, 30. 3. 1985, p. 1.  (3)OJ No C 176, 8. 7. 1991, p. 144.  (4)Opinion delivered on 12 July 1991 (not yet published in the Official Journal).  (5)OJ No L 273, 24. 9. 1986, p. 104.  (6)OJ No L 308, 25. 10. 1989, p. 23.    ANNEX I  LESS-FAVOURED AREAS WITHIN THE MEANING OF ARTICLE 3 (3) OF DIRECTIVE 75/268/EEC  AUTONOMOUS COMMUNITY: 01 - ANDALUCÍA Province: 23 - Jaén Comarca: 06 - Campiña del Sur  50Jaén (part) Province: 29 - Málaga (*)Comarca: 01 - Norte o Antequera  15Antequera (part) AUTONOMOUS COMMUNITY: 08 - CASTILLA-LA MANCHA Province: 13 - Ciudad Real (*)Comarca: 05 - Pastos  15Almodóvar del Campo (part) AUTONOMOUS COMMUNITY: 09 - CATALUÑA Province: 17 - Girona (*)Comarca: 04 - Alt Empordà 102Massanet de Cabrenys Province: 25 - Lleida (*)Comarca: 06 - La Noguera 156Os de Balaguer Province: 43 - Tarragona (*)Comarca: 07 - Camp de Tarragona  17L'Argentera AUTONOMOUS COMMUNITY: 13 - MURCIA Province: 30 - Murcia Comarca: 05 - Suroeste y Valle Guadalentín  24Lorca (part) AUTONOMOUS COMMUNITY: 16 - COMUNIDAD VALENCIANA Province: 03 - Alicante (*)Comarca: 04 - Central  48Callosa d'Ensarriá107Polop de la Marina  ANNEX II  A. LIST OF AREAS WHICH HAVE SWITCHED FROM LESS-FAVOURED AREAS WITHIN THE MEANING OF ARTICLE 3 (5) TO LESS-FAVOURED AREAS WITHIN THE MEANING OF ARTICLE 3 (4) OF DIRECTIVE 75/268/EEC  AUTONOMOUS COMMUNITY: 08 - CASTILLA-LA MANCHA Province: 13 - Ciudad Real (*)Comarca: 02 - Campo de Calatrava  31Carrión de Calatrava83Torralba de Calatrava B. LESS-FAVOURED AREAS WITHIN THE MEANING OF ARTICLE 3 (4) OF DIRECTIVE 75/268/EEC  AUTONOMOUS COMMUNITY: 01 - ANDALUCÍA Province: 23 - Jaén (*)Comarca: 06 - Campiña del Sur   3Alcaudete  58Mancha Real 60Martos  86Torre del Campo 87Torredonjimeno  98Villardompardo AUTONOMOUS COMMUNITY: 02 - ARAGÓN Province: 50 - Zaragoza (*)Comarca: 01 - Ejea de los Caballeros 135Layana186Navardún AUTONOMOUS COMMUNITY: 07 - CASTILLA Y LEÓN Province: 24 - León (*)Comarca: 06 - Tierras de León   4Almanza  55Cimanes del Tejar  63Cubillas de Rueda 142San Andrés del Rabanedo162Santovenia de la Valdoncina 163Sariegos 175Valdefresno 180Valdepolo189Valverde de la Virgen 201Vegas del Condado 213Villamartín de Don Sancho 222Villaquilambre Province: 34 - Palencia (*)Comarca: 02 - Campos   1Abarca   3Abia de las Torres   9Amayúelas de Arriba  10Ampudia  11Amusco  15Arconada  17Astudillo  18Autilla del Pino  19Autillo de Campos  24Baquerín de Campos  25Barcena de Campos  29Becerril de Campos  31Belmonte de Campos  33Boada de Campos 34Boadilla del Camino  35Boadilla de Rioseco  42Calzada de los Molinos  45Capillas  46Cardeñosa de Volpejera  47Carrión de los Condes  48Castil de Vela  52Castillo de Villavega  53Castromocho  55Cervatos de la Cueza  59Cisneros  71Espinosa de Villagonzalo  72Frechilla  74Frómista 76Fuentes de Nava  77Fuentes de Valdepero  79Grijota  81Guaza de Campos  88Husillos  89Itero de la Vega  92Lantadilla  96Lomas  99Manquillos 101Marcilla de Campos 102Mazariegos 103Mazuecos de Valdeginate 104Melgar de Yuso 106Meneses de Campos 108Monzón de Campos 109Moratinos 112Nogal de las Huertas 116Osornillo 123Paredes de Nava 125Pedraza de Campos 127Perales 130Piña de Campos 131Población de Arroyo 132Población de Campos 137Pozo de Urama 149Requena de Campos 152Revenga de Campos 155Ribas de Campos 156Riberos de la Cueza159San Cebrián de Campos 163San Mamés de Campos 165San Román de la Cuba 167Santa Cecilia del Alcor 174Santoyo 180Tamara 184Torremormojón 192Valde-Ucieza 204Villacidaler 206Villada 211Villaherreros 213Villalaco 215Villalcázar de Sirga 216Villalcón 217Villalobón220Villamartín de Campos 224Villamuera de la Cueza 227Villanueva del Rebollar 230Villarmentero de Campos 232Villarramiel 233Villasarracino 236Villaturde 237Villaumbrales 240Villerias 241Villodre 243Villoldo 246Villovieco 901Osorno la Mayor 902Valle Retortillo 903Loma del Ucieza Province: 37 - Salamanca (*)Comarca: 03 - Salamanca  16Aldealengua  17Aldeanueva de Figueroa  20Aldearrubia  23Aldeatejada  31Arabayona  32Arapiles  33Arcediano  38Babilafuente  40Barbadillo  62Cabezabellosa de la Calzada  67Cabrerizos  69Calvarrasa de Abajo  73Calzada de Valdunciel  79Canillas de Abajo  84Carbajosa de Armuña  85Carbajosa de la Sagrada  87Carrascal de Barregas  92Castellanos de Moriscos  93Castellanos de Villiquera110Cordovilla 117Doñinos de Salamanca 121Encinas de Abajo 128Espino de la Orbada 129Florida de Liébana 130Forfoleda 152Gomecello 164Huerta 175Machacón 185Mata de Armuña (La) 192Miranda de Azán 202Monterrubio de Armuña 206Moríñigo 209Mozárbez 222Negrilla de Palencia 224Orbada (La) 225Pajares de la Laguna 229Palencia de Negrilla 230Parada de Arriba231Parada de Rubiales 238Pedrosillo el Ralo 239Pedroso de la Armuña (El) 240Pelabravo 253Pino de Tormes (El) 254Pitiegua 288San Morales 294Santa Marta de Tormes 318Tardáguila 323Topas 327Torresmenudas 338Valdunciel 342Valverdón 347Vellés (La) 352Villagonzalo de Tormes 354Villamayor 362Villares de la Reina 372Villaverde de Guareña 375Villoruela Province: 40 - Segovia Comarca: 03 - Segovia  72Encinillas 101Hontanares de Eresma103Huertos (Los)214Valseca Province: 49 - Zamora (*)Comarca: 04 - Campos-Pan   2Abezames   6Algodre   7Almaraz de Duero   9Andavias  14Arquillinos  16Aspariegos  20Belver de los Montes  22Benegiles 30Bustillo del Oro  35Cañizo42Castronuevo  43Castroverde de Campos  46Cerecinos de Campos  47Cerecinos del Carrizal  53Coreses  55Cotanes 56Cubillos  76Fresno de la Ribera  83Fuentesecas  86Gallegos del Pan  95Hiniesta (La) 107Malva 108Manganeses de la Lampreana 114Matilla la Seca 119Molacillos 122Monfarracinos 123Montamarta 132Moreruela de los Infanzones 135Muelas del Pan 141Pajares de la Lampreana 142Palacios del Pan 155Piedrahita de Castro 156Pinilla de Toro 160Pobladura de Valderaduey 163Pozoantiguo 165Prado 168Quintanilla del Monte 169Quintanilla del Olmo175Revellinos 178Roales 185San Augustín del Pozo 186San Cebrián de Castro 188San Esteban del Molar 190San Martín de Valderaduey 194San Pedro de la Nava-Almendra 216Tapioles 222Torres del Carrizal 227Valcabado 232Vega de Villalobos 235Vezdemarbán 236Vidayanes 242Villafáfila246Villalba de la Lampreana 248Villalobos 249Villalonso 250Villalpando 251Villalube 252Villamayor de Campos 260Villanueva del Campo 263Villardefallaves 266Villárdiga 267Villardondiego 268Villarín de Campos 269Villaseco 270Villavendimio AUTONOMOUS COMMUNITY: 08 - CASTILLA-LA MANCHA Province: 02 - Albacete (*)Comarca: 04 - Centro   6Alcadozo  12Balazote  15Barrax  21Casas de Juan Núñez  27Corral-Rubio 29Chinchilla de Monte Aragón  35Gineta (La)  38Herrera (La)  39Higueruela  40Hoya-Gonzalo 50Montalvos  60Peñas de San Pedro  61Pétrola  63Pozohondo  65Pozuelo Province: 13 - Ciudad Real (*)Comarca: 02 - Campo de Calatrava   7Alcolea de Calatrava   9Aldea del Rey  13Almagro  20Argamasilla de Calatrava  22Ballesteros de Calatrava  23Bolaños de Calatrava  25Cabezarados 29Cañada de Calatrava  30Caracuel de Calatrava  35Corral de Calatrava  40Fernancaballero  45Granátula de Calatrava  56Miguelturra  58Moral de Calatrava 62Picón  64Poblete  66Pozuelo de Calatrava  67Pozuelos de Calatrava (Los)  88Valenzuela de Calatrava  91Villamayor de Calatrava  95Villar del Pozo Province: 16 - Cuenca Comarca: 03 - Serranía Media   4Albaladejo del Cuende  29Barchín del Hoyo  83Fresneda de Altarejos152Parra de las Vegas (La) 263Villar de Olalla902Valdetórtola 903Valeras (Las) Province: 19 - Guadalajara Comarca: 01 - Campiña   6Albalate de Zorita   7Albares  15Aldeanueva de Guadalajara  21Almoguera  22Almonacid de Zorita  24Alovera  36Aranzueque  41Armuña de Tajuña  43Atanzón  46Azuqueca de Henares 58Cabanillas del Campo  70Casa de Uceda  71Casar de Talamanca (El)  74Caspueñas  82Centenera 102Cubillo de Uceda (El) 105Chiloeches 107Driebes 111Escariche 112Escopete117Fontanar 120Fuentelahiguera de Albatages 121Fuentelencina 123Fuentelviejo 124Fuentenovilla 126Galápagos 142Hontoba 143Horche 150Hueva 151Humanes 152Illana 160Loranca de Tajuña 161Lupiana 166Málaga del Fresno 167Malaguilla 176Mazuecos 189Mohernando 192Mondéjar 194Moratilla de los Meleros 212Pastrana 215Peñalver 220Pioz 224Pozo de Almoguera225Pozo de Guadalajara 230Quer 233Renera 239Robledillo de Mohernando 242Romanones 252Sayatón 266Tendilla 280Torrejón del Rey 286Tórtola de Henares 293Uceda 297Valdarachas 299Valdeavellano300Valdeaveruelo 301Valdeconcha 302Valdegrudas 304Valdenuño-Fernández 308Valfermoso de Tajuña 319Villanueva de la Torre 323Villaseca de Uceda 325Viñuelas 326Yebes 327Yebra 331Yunquera de Henares 335Zorita de los Canes AUTONOMOUS COMMUNITY: 09 - CATALUÑA Province: 43 - Tarragona (*)Comarca: 04 - Priorat - Prades  23Bellmunt del Priorat  40Capçanes  55Falset  69Gratallops  70Guiamets (Els) 72Lloà  76Marçà  82Masroig (El)  85Molar (El) 112Poboleda114Porrerá 151Torre de Fontaubella (La) 154Torroja del Priorat 174Vilella Baixa (La) AUTONOMOUS COMMUNITY: 10 - EXTREMADURA Province: 06 - Badajoz (*)Comarca: 06 - Badajoz   5Albuera (La)  10Almendral  40Corte de Peleas 45Entrín Bajo  92Nogales128Talavera la Real 131Torre de Miguel Sesmero AUTONOMOUS COMMUNITY: 14 - NAVARRA Province: 31 - Navarra Comarca: 01 - Cantábrica - Baja Montaña  83Echarri  ANNEX III  LESS-FAVOURED AREAS WITHIN THE MEANING OF ARTICLE 3 (5) OF DIRECTIVE 75/268/EEC  (*)III.1 ALL ZONES AUTONOMOUS COMMUNITY: 01 - ANDALUCÍA Province: 29 - Málaga (*)Comarca: 03 - Centro Sur o Guadalhorce  58Guaro 68Manilva (*)Comarca: 04 - Vélez-Málaga   5Algarrobo  27Benamocarra 50Cútar  82Rincón de la Victoria 99Viñuela AUTONOMOUS COMMUNITY: 03 - ASTURIAS Province: 33 - Asturias (*)Comarca: 02 - Luarca  41Navia 70Tapia de Casariego AUTONOMOUS COMMUNITY: 07 - CASTILLA Y LEÓN Province: 24 - León (*)Comarca: 01 - Bierzo  27Cabañas Raras  30Cacabelos 34Camponaraya  64Cubillos del Sil206Villadecanes AUTONOMOUS COMMUNITY: 09 - CATALUÑA Province: 08 - Barcelona (*)Comarca: 01 - Berguedá  11Avia49Casserres92Gironella (*)Comarca: 03 - Osona 149Olost Province: 17 - Girona (*)Comarca: 03 - Garrotxa  19Besalú  46Castellfollit de la Roca 98Maia de Montcal 114Olot165Sant Jaume de Llierca Province: 25 - Lleida (*)Comarca: 07 - Urgell  52Bellvís AUTONOMOUS COMMUNITY: 11 - GALICIA Province: 15 - La Coruña (*)Comarca: 01 - Septentrional  49Moeche AUTONOMOUS COMMUNITY: 12 - COMUNIDAD DE MADRID Province: 28 - Madrid (*)Comarca: 05 - Sur Occidental 109Pelayos de la Presa AUTONOMOUS COMMUNITY: 16 - COMUNIDAD VALENCIANA Province: 03 - Alicante (*)Comarca: 01 - Vinalopó  21Bañeres53Castalla96Onil Province: 12 - Castellón (*)Comarca: 05 - Litoral Norte   4Alcalá de Chivert102Santa Magdalena de Pulpis AUTONOMOUS COMMUNITY: 17 - PAÍS VASCO Province: 20 - Guipúzcoa (*)Comarca: 01 - Guipúzcoa  81Zumaia Province: 48 - Vizcaya (*)Comarca: 01 - Vizcaya  15Basauri  35Fruniz38Gamiz - Fika53Lauquiniz


Avis juridique important

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31990L0237

Commission Directive 90/237/EEC of 4 May 1990 amending the Seventeenth Council Directive 85/362/EEC on the harmonization of the laws of the Member States relating to turnover taxes Exemption from value added tax on the temporary importation of goods other than means of transport

Official Journal L 133 , 24/05/1990 P. 0091 - 0091

*****COMMISSION  DIRECTIVE  of 4 May 1990  amending the Seventeenth Council Directive 85/362/EEC on the harmonization of the laws of the Member States relating to turnover taxes - Exemption from value added tax on the temporary importation of goods other than means of transport  (90/237/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), as last amended by Regulation (EEC) No 1251/90 (2), and in particular Article 15 thereof,  Whereas the classification of goods given in Article 29 (2) of Council Directive 85/362/EEC (3) is based on the nomenclature of the Customs Cooperation Council;  Whereas the Customs Cooperation Council has approved the International Convention on the Harmonized Commodity Description and Coding System (hereinafter referred to as the 'HS'); whereas the Council approved the Convention by Decision 87/369/EEC (4); whereas the HS has been in force since 1 January 1988;  Whereas, accordingly, a combined nomenclature was drawn up with a view to implementation of the HS in the Community; whereas, therefore, the references in Article 29 (2) of Directive 85/362/EEC must be based on the combined nomenclature;  Whereas the aforementioned adaptation of Directive 85/362/EEC to the combined nomenclature is, therefore, simply a technical adaptation which in no way alters the scope of the exemptions laid down in the Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Article 29 (2) of Directive 85/362/EEC is hereby amended as follows:  1. in the first indent, 'heading No 99.01 of the Common Customs Tariff' is replaced by 'CN code 9701 10 00';  2. in the second indent, 'heading No 99.02 of the Common Customs Tariff' is replaced by 'CN code 9702 00 00';  3. in the third indent, 'heading No 99.03 of the Common Customs Tariff' is replaced by 'CN code 9703 00 00';  4. in the fourth indent, 'heading No 58.03 of the Common Customs Tariff' and 'subheading ex 62.02 B IV of the Common Customs Tariff' are replaced by 'CN code ex 5805 00 00' and 'CN codes ex 6304 92 00, ex 6304 93 00 and ex 6304 99 00' respectively.  Article 2  Member States shall bring into force the measures necessary to comply with this Directive not later than 1 July 1990 and shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 4 May 1990.  For the Commission  Christiane SCRIVENER  Member of the Commission  (1) OJ No L 256, 7. 9. 1987, p. 1.  (2) OJ No L 121, 12. 5. 1990, p. 29.  (3) OJ No L 192, 24. 7. 1985, p. 20.  (4) OJ No L 198, 20. 7. 1987, p. 1.


title: Commission Directive 2005/43/EC of 23 June 2005 amending the Annexes to Council Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine

text:
               24.6.2005

               EN

               Official Journal of the European Union

               L 164/37

         COMMISSION DIRECTIVE 2005/43/EC
   of 23 June 2005
   amending the Annexes to Council Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (1), and in particular Article 2(1)(DA)(c), Article 8(2), Article 10(3) and Article 17a thereof,
   Whereas:

               (1)

               Directive 68/193/EEC establishes Community provisions for the marketing of material for the vegetative propagation of vines within the Community. The Directive lists the conditions to be satisfied by the growing crop, the propagation material, the packaging and the label.

               (2)

               Improved plant propagation technology permits plants produced in accordance with that technology to be marketed in pots, crates or boxes in addition to the traditional bundles.

               (3)

               Where Member States require that each delivery of material produced within their territories is also accompanied by a uniform document, the conditions regarding this accompanying document should be provided for.

               (4)

               Certain conditions relating to propagation material and the composition of packaging should not apply to propagation material produced in accordance with the new production methods.

               (5)

               The conditions to be satisfied by the growing crop are set out in Annex I to Directive 68/193/EEC. That Annex should include a reference to the category and type of propagation material, a new positive list of harmful organisms to be checked and the methodology for inspecting and testing the growing crop.

               (6)

               The conditions to be satisfied by the propagation material are set out in Annex II to Directive 68/193/EEC. That Annex should include a reference to the variety and where appropriate, to the clone for each category and type of propagation material as regards identity and purity, the methodology for inspecting the propagation material and the grading of the different types of propagation material.

               (7)

               The conditions to be satisfied by the packaging are set out in Annex III to Directive 68/193/EEC. That Annex should include a reference to the type of propagation material as regards the number of individuals per unit of packaging.

               (8)

               The conditions concerning the label and accompanying document are set out in Annex IV of Directive 68/193/EEC. That Annex should include all the information relating to the propagation material required by Article 10 of Directive 68/193/EEC.

               (9)

               The growing cycle of vine propagation material lasts for several years and the time required for inspecting and testing is consequently lengthy. A rapid introduction of new conditions could create a shortage of production of propagation material fulfilling the new requirements. It is therefore appropriate to provide for a transitional period for compliance with the new conditions laid down in Annexes I, II and IV for propagation material already in place.

               (10)

               Directive 68/193/EEC should therefore be amended accordingly.

               (11)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes I to IV to Directive 68/193/EEC are replaced by Annexes I to IV to this Directive respectively.
   Article 2
   1.   Member States shall adopt and publish, by 31 July 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 August 2006.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 23 June 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 93, 17.4.1968, p. 15. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).

      ANNEX I
      CONDITIONS RELATING TO THE GROWING CROP
      1.   The growing crop shall have identity and purity with regard to the variety and, if necessary, the clone.
      2.   The cultural conditions and the level of development of the growing crop shall be such as to allow sufficient checks on the identity and purity of the growing crop with regard to the variety and, if necessary, the clone, as well as its state of health.
      3.   The soil or if necessary the substrate of culture gives sufficient guarantees regarding the absence of harmful organisms or their vectors, in particular nematodes which carry viral diseases. The stock nurseries and the cutting nurseries shall be established under appropriate conditions to avoid any risk of contamination by harmful organisms.
      4.   The presence of harmful organisms which reduce the usefulness of the propagation material shall be at the lowest possible level.
      5.   In particular concerning the harmful organisms referred to in points (a), (b) and (c) the conditions set out in points 5.1 to 5.5 shall apply, subject to point 5.6:

                  (a)

                  complex of infectious degeneration: grapevine fanleaf virus (GFLV), Arabis mosaic virus (ArMV);

                  (b)

                  grapevine leafroll disease: grapevine leafroll-associated virus 1 (GLRaV-1) and grapevine leafroll-associated virus 3 (GLRaV-3);

                  (c)

                  grapevine fleck virus (GFkV) (only for rootstocks).

            5.1.   The stock nurseries intended for the production of initial propagating material shall have been found free from the harmful organisms listed under points 5(a), 5(b) and 5(c) by means of an official inspection. This inspection is based on the results of plant health tests carried out by indexing, or an internationally accepted equivalent testing method referring to all plants. These tests shall be confirmed by results of plant health tests carried out on all plants every five years, for the organisms listed under points 5(a) and 5(b).
      Infected plants must be eliminated. Reasons for failures ascribed to the above harmful organisms or other factors shall be entered in the file where records concerning stock nurseries are kept.
      5.2.   The stock nurseries intended for the production of basic propagating material shall have been found free from the harmful organisms listed under points 5(a) and 5(b) by means of an official inspection. This inspection is based, on the results of plant health tests referring to all plants. These tests shall be carried out at least every six years starting from three year old stock nurseries.
      In those cases where official annual crop inspections are carried out on all plants, the plant health tests shall be carried out at least every six years starting from six year old stock nurseries.
      Infected plants must be eliminated. Reasons for failures ascribed to the above harmful organisms or other factors shall be entered in the file where records concerning stock nurseries are kept.
      5.3.   The stock nurseries intended for the production of certified material shall have been found free from all the harmful organisms listed under point 5(a) and 5(b) by an official inspection. This inspection is based on the results of plant health tests carried out by survey according to methods of analysis/control procedures which comply with generally accepted and standardised norms. These tests shall be carried out at least every 10 years starting from five year old stock nurseries.
      In those cases where official annual crop inspections are carried out on all plants, the plant health tests shall be carried out at least every 10 years starting from 10 year old stock nurseries.
      The failure rate of stock nurseries attributable to the harmful organisms listed under points 5(a) and 5(b) shall not exceed 5 %. Infected plants must be eliminated. Reasons for failures ascribed to the above harmful organisms or other factors shall be entered in the file where records concerning stock nurseries are kept.
      5.4.   In the stock nurseries intended for the production of standard material, the failure rate attributable to the harmful organisms listed under points 5(a) and 5(b) shall not exceed 10 %. Infected plants must be eliminated from propagation. Reasons for failures ascribed to the above harmful organisms or other factors shall be entered in the file where records concerning stock nurseries are kept.
      5.5.   The cutting nurseries shall have been found free from the harmful organisms listed under point 5(a) and 5(b) by the means of an annual official crop inspection based on visual methods and, if necessary, supported by suitable tests and/or a second crop inspection.

                  (a)

                  Member States may decide not to apply points 5.1 and 5.2 until 31 July 2011, in respect of stock nurseries which were already in existence for the production of initial propagating material or basic propagating material at the date of entry into force of Commission Directive 2005/43/EC (1).

                  (b)

                  Member States may decide not to apply point 5.3 until 31 July 2012, in respect of stock nurseries which were already in existence for the production of certified propagating material at the date of entry into force of Directive 2005/43/EC.

                  (c)

                  Where Member States decide not to apply points 5.1 to 5.2 or point 5.3 as described in (a) or (b) above, they shall instead apply the following rules.
                  Harmful virus diseases, especially grapevine fanleaf and leafroll, must be eliminated from crops intended for the production of initial propagating material and basic material. Crops intended for the production of propagation material of the other categories shall be kept free from plants showing symptoms of harmful virus diseases.

            6.   The cutting nurseries shall not be established within a vineyard or a stock nursery. The minimum distance from a vineyard or a stock nursery shall be three metres.
      7.   The propagating material used for the production of graftable rootstock cuttings, top graft cuttings, nursery cuttings, rooted cuttings and rooted grafts shall be taken from stock nurseries which have been inspected and approved.
      8.   Without prejudice to the official inspection provided under point 5 above, there shall be at least one official crop inspection. Additional crop inspections shall be carried out in cases of disputes on matters which can be decided without prejudice to the quality of the propagating material.

         (1)  OJ L 164, 24.6.2005, p. 37.

      ANNEX II
      CONDITIONS RELATING TO PROPAGATION MATERIAL
      I.   GENERAL CONDITIONS

                  1.

                  The propagation material shall have varietal identity and purity, and if necessary clonal purity; a tolerance of 1 % is admitted at the time of the marketing of standard material.

                  2.

                  The propagation material shall have a minimum technical purity of 96 %.
                  The following are considered technical impurities:

                              (a)

                              propagation material desiccated wholly or partly, even when it has been steeped in water after desiccation;

                              (b)

                              damaged, bent or injured propagation material, in particular when damaged by hail or frost or when crushed or broken;

                              (c)

                              material not meeting the requirements under point III below.

                  3.

                  Vine shoots shall have reached a sufficient state of maturity of the wood.

                  4.

                  The presence of harmful organisms which reduce the usefulness of the propagation material shall be tolerated only at the lowest possible level.
                  Propagation material presenting clear signs or symptoms ascribable to harmful organisms for which there are no efficient treatments shall be eliminated.

            II.   SPECIAL CONDITIONS
      1.   Rooted grafts
      The rooted grafts consisting of a combination of the same category of reproduction material shall be classified in that category.
      The rooted grafts consisting of a combination of different categories of reproductive material shall be classified in the lower category of the elements of which it is composed.
      2.   Temporary derogation
      Member States may decide not to apply the provisions of point 1 until 31 July 2010, in respect of rooted grafts consisting of initial propagating material grafted on to basic propagating material. Where Member States decide not to apply point 1, they shall instead apply the following rule.
      Rooted grafts consisting of initial propagating material grafted on to basic propagating material shall be classified as initial propagating material.
      III.   GRADING
      1.   Graftable rootstock cuttings, nursery cuttings and top-graft cuttings
      Diameter
      This concerns the largest diameter of the section. This standard does not apply to herbaceous cuttings,

                  (a)

                  graftable rootstock cuttings and top-graft cuttings:

                              (aa)

                              top diameter: 6,5 to 12 mm;

                              (ab)

                              maximum butt end diameter: 15 mm, except if this involves top-graft cuttings intended for grafting in situ,

                  (b)

                  nursery cuttings:

                              minimum top diameter: 3,5 mm.

            2.   Rooted cuttings
      A.   Diameter
      The diameter measured in the middle of the internode, under the extension growth and along to the longest axis, shall be at least equal to 5 mm. This standard is not applicable to the rooted cuttings derived from herbaceous propagation material.
      B.   Length
      The length from the lowest point at which roots emerge to the base of the extension growth shall be not less than:

                  (a)

                  30 cm for rooted cuttings, intended for grafting; however, for rooted cuttings intended for Sicily, this length shall be 20 cm;

                  (b)

                  20 cm for other rooted cuttings.
                  This standard is not applicable to the rooted cuttings derived from herbaceous propagation material.

            C.   Roots
      Each plant shall have at least three well-developed and well-spaced roots. However, the variety 420 A may have only two well-developed roots, provided that they are on opposite sides.
      D.   Heel
      The cut shall be made at a sufficient distance below the diaphragm so as not to damage it but not more than one centimetre below it.
      3.   Rooted grafts
      A.   Length
      The stem shall be at least 20 cm in length.
      This standard is not applicable to the rooted grafts derived from herbaceous propagation material.
      B.   Roots
      Each plant shall have at least three well-developed and well-spaced roots. However, the variety 420 A may have only two well-developed roots, provided that they are on opposite sides.
      C.   Union
      Each plant shall have an adequate, regular and secure union.
      D.   Heel
      The cut shall be made at a sufficient distance below the diaphragm so as not to damage it but not more than one centimetre below it.

      ANNEX III
      PACKAGING
      Composition of packages or bundles

                  1 — Type

                  2 — Number of individuals

                  3 — Maximum quantity

                              1.

                              Rooted grafts

                  25, 50, 100, or multiples of 100

                  500

                              2.

                              Rooted cuttings

                  50, 100, or multiples of 100

                  500

                              3.

                              Top-graft cuttings

                              —

                              with at least five usable eyes

                  100, or 200

                  200

                              —

                              with one usable eye

                  500, or multiples of 500

                  5 000

                              4.

                              Graftable rootstock cuttings

                  100, or multiples of 100

                  1 000

                              5.

                              Nursery cuttings

                  100, or multiples of 100

                  500

            SPECIAL CONDITIONS
       I.   Small quantities
      Where necessary, the size (number of individuals) of packages and bundles of all types and categories of propagation material listed in column 1 above may be smaller than the minimum quantities indicated in column 2 above.
      II.   Plants of vine with roots in any substrate in pots, crates and boxes
      The number of individuals and the maximum quantity do not apply.

      ANNEX IV
      MARKING
      A.   LABEL
       I.   Required information

                   1.

                  EC Standard

                   2.

                  Country of production

                   3.

                  Authority responsible for certification or checking and Member State or their initials

                   4.

                  Name and address of the person responsible for sealing or his identification number

                   5.

                  Species

                   6.

                  Type of material

                   7.

                  Category

                   8.

                  Variety and, where appropriate, the clone. For the rooted grafts this indication applies for the rootstock and the top-graft

                   9.

                  Reference number of batch

                  10.

                  Quantity

                  11.

                  Length — Only for the graftable rootstock cuttings: this involves the minimum length of the cuttings of the concerned batch

                  12.

                  Crop year.

             II.   Minimum conditions
      The label shall comply with the following requirements:

                  1.

                  the label shall be indelibly printed and clearly legible;

                  2.

                  the label shall be affixed in a conspicuous place in such a way as to be easily visible;

                  3.

                  information set out in point A.I. shall not in any way be hidden, obscured or interrupted by other written or pictorial matter;

                  4.

                  the information set out in point A.I. shall appear in the same field of vision.

            III.   Derogation as regards small quantities to final consumer
      1.   More than one unit
      The required information for the label under point I.10 reads: ‘Exact number of units per package or bundle’.
      2.   One unit only
      The following information set out in point A.I. is not required:

                  —

                  type of material

                  —

                  category

                  —

                  reference number of batch

                  —

                  quantity

                  —

                  length for the graftable rootstock cuttings

                  —

                  crop year.

            IV.   Derogations as regards vines in pots, crates or boxes
      In case of plants of vine with roots in any substrate in pots, crates and boxes when the packages of such material cannot fulfil the requirements for sealing (including labelling) due to its composition:

                  (a)

                  the propagation material shall be kept in separate batches appropriately identified per variety and where relevant per clone and per number of individuals;

                  (b)

                  the official label is not compulsory;

                  (c)

                  the propagation material shall be accompanied by the accompanying document as laid down under point B.

            B.   ACCOMPANYING DOCUMENT
       I.   Conditions to be fulfilled
      When Member States require that an accompanying document should be delivered, the document:

                  (a)

                  shall be delivered in at least two copies (consignor and recipient);

                  (b)

                  shall (recipient copy) accompany the delivery from the place of the consignor to the place of recipient;

                  (c)

                  shall indicate all information set out under the following point II concerning the individual batches of the delivery;

                  (d)

                  shall be preserved for at least one year and made available to the official control authority.

            II.   List of information to be included

                   1.

                  EC Standard

                   2.

                  Country of production

                   3.

                  Authority responsible for certification or checking and Member State or their initials

                   4.

                  Progressive number

                   5.

                  Consignor (address, registration No)

                   6.

                  Recipient (address)

                   7.

                  Species

                   8.

                  Type(s) of the material

                   9.

                  Category(ies)

                  10.

                  Variety(ies) and, where applicable, the clone(s). For the rooted grafts this indication applies for the rootstock and the top-graft

                  11.

                  Number of individuals per batch

                  12.

                  Total number of batches

                  13.

                  Date of delivery.


Avis juridique important

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31982L0622

Commission Directive 82/622/EEC of 1 July 1982 adapting to technical progress for the second time Council Directive 73/360/EEC on the approximation of the laws of the Member States relating to non-automatic weighing machines

Official Journal L 252 , 27/08/1982 P. 0002 - 0004 Spanish special edition: Chapter 13 Volume 12 P. 0250  Portuguese special edition Chapter 13 Volume 12 P. 0250

COMMISSION DIRECTIVE of 1 July 1982 adapting to technical progress for the second time Council Directive 73/360/EEC on the approximation of the laws of the Member States relating to non-automatic weighing machines (82/622/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (1), as last amended by the Act of Accession of Greece, and in particular Article 17 thereof,  Whereas, since the preparation and adoption of Directive 73/360/EEC (2), as last amended by Commission Directive 76/696/EEC (3), new and more advanced weighing machines have been developed ; whereas the said Directive should therefore be amended to take account of technical progress;  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 Measuring Instruments,  HAS ADOPTED THIS DIRECTIVE:    Article 1 In the Annex to Directive 73/360/EEC, the texts of items 2.4.3, 10.4.5, 10.4.7, 10.4.8, 10.4.9, 10.8.1.2, 10.8.1.5, 10.13.2.1.6, 10.13.2.3.1 and 16.4.4 are hereby replaced, and items 10.13.12.1.10 and 11.5.1.3 added in accordance with the Annex hereto. Items 10.13.2.2.3 and 12.3.1.7.2 are hereby deleted.   Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary in order to comply with this Directive on 1 May 1983. They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 1 July 1982.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (1) OJ No L 202, 6.9.1971, p. 1. (2) OJ No L 335, 5.12.1973, p. 1. (3) OJ No L 236, 27.8.1976, p. 26.     ANNEX 2.4.3. Repeatability  Ability of a weighing machine to provide measurement results that agree with each other for the same load deposited several times on the load receptor under virtually identical conditions, not taking account of systematic errors.  10.4.5. Quality of printing of results  Printing of the results must be clear and virtually indelible under normal conditions of use.  10.4.7. Names or symbols of the units of measurement  The weighing results provided by graduated machines must contain the names or symbols of the units of measurement listed in Chapter I of the Annex to Council Directive 80/181/EEC of 20 December 1979.  If printing takes place, the name or symbol of the corresponding unit of measurement must be printed by the machine on the document intended for the contracting parties. The name or symbol of the unit of measurement must be indicated either after each weighing result or at the head of the corresponding printed column.  10.4.8. Limit of indication of results  10.4.8.1. Machines with continuous indication  Stops must limit the movement of the indicating element, while allowing it to pass below zero and above the range of self-indication over a non-graduated space of not less than four scale intervals and not more than nine scale intervals.  This requirement does not apply to machines fitted with a circular scale dial incorporating a multiple-revolution pointer.  10.4.8.2. Machines with discontinuous indication  Indication must be rendered impossible above the maximum capacity plus nine scale intervals.  10.4.9. Limit of printing of the results  Printing must be impossible:  - above the maximum capacity plus nine scale intervals,   - on self- or semi-self-indicating machines when the machine is not in stable equilibrium or not in equilibrium determined as a mean of the oscillations.     In all instances, the limits of indication and printing of the results must be identical.  10.8.1.2. Accuracy of setting  It must be possible to adjust tare devices to within one quarter of the smallest verification scale interval of the machine.  However, in the case of non-automatic discontinuous control tare devices, it must be possible to effect the adjustment to within at least half a scale interval.  10.8.1.5. Visability of operation  The operation of tare devices must be visibly indicated when the indication of the machine before taring:  - is 0 75 scale interval or more, in the case of weighing machines with continuous indication,   - differs from zero, in the case of weighing machines with discontinuous indication.     10.13.2.1.6. Use of symbols  The symbol of the monetary unit must accompany the indication and printing of the price-to-pay and the unit price. This latter must also include the symbol of the unit of mass to which it refers.   The figures and the symbols must be printed by the machine on records issued to the contracting parties.  The symbols must appear either after each indication or printing of the price-to-pay and/or unit price, or at the head of each corresponding printed column.  10.13.2.1.10. Value of the price-to-pay scale intervals  National regulations shall apply in this regard.  10.13.2.3.1. Discontinuous indication and printing of the price-to-pay  The devices for indicating and printing the price-to-pay must include at least four positions.  In the case of a price-to-pay lower than unity, the zero must always appear before the decimal point.  11.5.1.3. Semi-self-indicating machines with weight receptor  These machines shall be authorized if their self-indication range is of the form 1 × 10n kg (n being a whole number, less than, greater than or equal to zero).  16.4.4. Repeatability  Repeatability tests shall be carried out on at least three different loads, between the maximum range and the minimum range, repeating the different weighings ten times each. After each weighing, the machine shall be reset at zero. During these tests, the machine must satisfy the requirements set out in section 5.


Avis juridique important

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31997L0007

Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts - Statement by the Council and the Parliament re Article 6 (1) - Statement by the Commission re Article 3 (1), first indent

Official Journal L 144 , 04/06/1997 P. 0019 - 0027

DIRECTIVE 97/7/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 1997 on the protection of consumers in respect of distance contractsTHE 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), in the light of the joint text approved by the Conciliation Committee on 27 November 1996,(1) Whereas, in connection with the attainment of the aims of the internal market, measures must be taken for the gradual consolidation of that market;(2) Whereas the free movement of goods and services affects not only the business sector but also private individuals; whereas it means that consumers should be able to have access to the goods and services of another Member State on the same terms as the population of that State;(3) Whereas, for consumers, cross-border distance selling could be one of the main tangible results of the completion of the internal market, as noted, inter alia, in the communication from the Commission to the Council entitled 'Towards a single market in distribution`; whereas it is essential to the smooth operation of the internal market for consumers to be able to have dealings with a business outside their country, even if it has a subsidiary in the consumer's country of residence;(4) Whereas the introduction of new technologies is increasing the number of ways for consumers to obtain information about offers anywhere in the Community and to place orders; whereas some Member States have already taken different or diverging measures to protect consumers in respect of distance selling, which has had a detrimental effect on competition between businesses in the internal market; whereas it is therefore necessary to introduce at Community level a minimum set of common rules in this area;(5) Whereas paragraphs 18 and 19 of the Annex to the Council resolution of 14 April 1975 on a preliminary programme of the European Economic Community for a consumer protection and information policy (4) point to the need to protect the purchasers of goods or services from demands for payment for unsolicited goods and from high-pressure selling methods;(6) Whereas paragraph 33 of the communication from the Commission to the Council entitled 'A new impetus for consumer protection policy`, which was approved by the Council resolution of 23 June 1986 (5), states that the Commission will submit proposals regarding the use of new information technologies enabling consumers to place orders with suppliers from their homes;(7) Whereas the Council resolution of 9 November 1989 on future priorities for relaunching consumer protection policy (6) calls upon the Commission to give priority to the areas referred to in the Annex to that resolution; whereas that Annex refers to new technologies involving teleshopping; whereas the Commission has responded to that resolution by adopting a three-year action plan for consumer protection policy in the European Economic Community (1990-1992); whereas that plan provides for the adoption of a Directive;(8) Whereas the languages used for distance contracts are a matter for the Member States;(9) Whereas contracts negotiated at a distance involve the use of one or more means of distance communication; whereas the various means of communication are used as part of an organized distance sales or service-provision scheme not involving the simultaneous presence of the supplier and the consumer; whereas the constant development of those means of communication does not allow an exhaustive list to be compiled but does require principles to be defined which are valid even for those which are not as yet in widespread use;(10) Whereas the same transaction comprising successive operations or a series of separate operations over a period of time may give rise to different legal descriptions depending on the law of the Member States; whereas the provisions of this Directive cannot be applied differently according to the law of the Member States, subject to their recourse to Article 14; whereas, to that end, there is therefore reason to consider that there must at least be compliance with the provisions of this Directive at the time of the first of a series of successive operations or the first of a series of separate operations over a period of time which may be considered as forming a whole, whether that operation or series of operations are the subject of a single contract or successive, separate contracts;(11) Whereas the use of means of distance communication must not lead to a reduction in the information provided to the consumer; whereas the information that is required to be sent to the consumer should therefore be determined, whatever the means of communication used; whereas the information supplied must also comply with the other relevant Community rules, in particular those in 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 (7); whereas, if exceptions are made to the obligation to provide information, it is up to the consumer, on a discretionary basis, to request certain basic information such as the identity of the supplier, the main characteristics of the goods or services and their price;(12) Whereas in the case of communication by telephone it is appropriate that the consumer receive enough information at the beginning of the conversation to decide whether or not to continue;(13) Whereas information disseminated by certain electronic technologies is often ephemeral in nature insofar as it is not received on a permanent medium; whereas the consumer must therefore receive written notice in good time of the information necessary for proper performance of the contract;(14) Whereas the consumer is not able actually to see the product or ascertain the nature of the service provided before concluding the contract; whereas provision should be made, unless otherwise specified in this Directive, for a right of withdrawal from the contract; whereas, if this right is to be more than formal, the costs, if any, borne by the consumer when exercising the right of withdrawal must be limited to the direct costs for returning the goods; whereas this right of withdrawal shall be without prejudice to the consumer's rights under national laws, with particular regard to the receipt of damaged products and services or of products and services not corresponding to the description given in the offer of such products or services; whereas it is for the Member States to determine the other conditions and arrangements following exercise of the right of withdrawal;(15) Whereas it is also necessary to prescribe a time limit for performance of the contract if this is not specified at the time of ordering;(16) Whereas the promotional technique involving the dispatch of a product or the provision of a service to the consumer in return for payment without a prior request from, or the explicit agreement of, the consumer cannot be permitted, unless a substitute product or service is involved;(17) Whereas the principles set out in Articles 8 and 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 apply; whereas the consumer's right to privacy, particularly as regards freedom from certain particularly intrusive means of communication, should be recognized; whereas specific limits on the use of such means should therefore be stipulated; whereas Member States should take appropriate measures to protect effectively those consumers, who do not wish to be contacted through certain means of communication, against such contacts, without prejudice to the particular safeguards available to the consumer under Community legislation concerning the protection of personal data and privacy;(18) Whereas it is important for the minimum binding rules contained in this Directive to be supplemented where appropriate by voluntary arrangements among the traders concerned, in line with Commission recommendation 92/295/EEC of 7 April 1992 on codes of practice for the protection of consumers in respect of contracts negotiated at a distance (8);(19) Whereas in the interest of optimum consumer protection it is important for consumers to be satisfactorily informed of the provisions of this Directive and of codes of practice that may exist in this field;(20) Whereas non-compliance with this Directive may harm not only consumers but also competitors; whereas provisions may therefore be laid down enabling public bodies or their representatives, or consumer organizations which, under national legislation, have a legitimate interest in consumer protection, or professional organizations which have a legitimate interest in taking action, to monitor the application thereof;(21) Whereas it is important, with a view to consumer protection, to address the question of cross-border complaints as soon as this is feasible; whereas the Commission published on 14 February 1996 a plan of action on consumer access to justice and the settlement of consumer disputes in the internal market; whereas that plan of action includes specific initiatives to promote out-of-court procedures; whereas objective criteria (Annex II) are suggested to ensure the reliability of those procedures and provision is made for the use of standardized claims forms (Annex III);(22) Whereas in the use of new technologies the consumer is not in control of the means of communication used; whereas it is therefore necessary to provide that the burden of proof may be on the supplier;(23) Whereas there is a risk that, in certain cases, the consumer may be deprived of protection under this Directive through the designation of the law of a non-member country as the law applicable to the contract; whereas provisions should therefore be included in this Directive to avert that risk;(24) Whereas a Member State may ban, in the general interest, the marketing on its territory of certain goods and services through distance contracts; whereas that ban must comply with Community rules; whereas there is already provision for such bans, notably with regard to medicinal products, under Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (9) and Council Directive 92/28/EEC of 31 March 1992 on the advertising of medicinal products for human use (10),HAVE ADOPTED THIS DIRECTIVE:Article 1 Object The object of this Directive is to approximate the laws, regulations and administrative provisions of the Member States concerning distance contracts between consumers and suppliers.Article 2 Definitions For the purposes of this Directive:(1) 'distance contract` means any contract concerning goods or services concluded between a supplier and a consumer under an organized distance sales or service-provision scheme run by the supplier, who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;(2) 'consumer` means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business or profession;(3) 'supplier` means any natural or legal person who, in contracts covered by this Directive, is acting in his commercial or professional capacity;(4) 'means of distance communication` means any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties. An indicative list of the means covered by this Directive is contained in Annex I;(5) 'operator of a means of communication` means any public or private natural or legal person whose trade, business or profession involves making one or more means of distance communication available to suppliers.Article 3 Exemptions 1. This Directive shall not apply to contracts:- relating to financial services, a non-exhaustive list of which is given in Annex II,- concluded by means of automatic vending machines or automated commercial premises,- concluded with telecommunications operators through the use of public payphones,- concluded for the construction and sale of immovable property or relating to other immovable property rights, except for rental,- concluded at an auction.2. Articles 4, 5, 6 and 7 (1) shall not apply:- to contracts for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home of the consumer, to his residence or to his workplace by regular roundsmen,- to contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period; exceptionally, in the case of outdoor leisure events, the supplier can reserve the right not to apply Article 7 (2) in specific circumstances.Article 4 Prior information 1. In good time prior to the conclusion of any distance contract, the consumer shall be provided with the following information:(a) the identity of the supplier and, in the case of contracts requiring payment in advance, his address;(b) the main characteristics of the goods or services;(c) the price of the goods or services including all taxes;(d) delivery costs, where appropriate;(e) the arrangements for payment, delivery or performance;(f) the existence of a right of withdrawal, except in the cases referred to in Article 6 (3);(g) the cost of using the means of distance communication, where it is calculated other than at the basic rate;(h) the period for which the offer or the price remains valid;(i) where appropriate, the minimum duration of the contract in the case of contracts for the supply of products or services to be performed permanently or recurrently.2. The information referred to in paragraph 1, the commercial purpose of which must be made clear, shall be provided in a clear and comprehensible manner in any way appropriate to the means of distance communication used, with due regard, in particular, to the principles of good faith in commercial transactions, and the principles governing the protection of those who are unable, pursuant to the legislation of the Member States, to give their consent, such as minors.3. Moreover, in the case of telephone communications, the identity of the supplier and the commercial purpose of the call shall be made explicitly clear at the beginning of any conversation with the consumer.Article 5 Written confirmation of information 1. The consumer must receive written confirmation or confirmation in another durable medium available and accessible to him of the information referred to in Article 4 (1) (a) to (f), in good time during the performance of the contract, and at the latest at the time of delivery where goods not for delivery to third parties are concerned, unless the information has already been given to the consumer prior to conclusion of the contract in writing or on another durable medium available and accessible to him.In any event the following must be provided:- written information on the conditions and procedures for exercising the right of withdrawal, within the meaning of Article 6, including the cases referred to in the first indent of Article 6 (3),- the geographical address of the place of business of the supplier to which the consumer may address any complaints,- information on after-sales services and guarantees which exist,- the conclusion for cancelling the contract, where it is of unspecified duration or a duration exceeding one year.2. Paragraph 1 shall not apply to services which are performed through the use of a means of distance communication, where they are supplied on only one occasion and are invoiced by the operator of the means of distance communication. Nevertheless, the consumer must in all cases be able to obtain the geographical address of the place of business of the supplier to which he may address any complaints.Article 6 Right of withdrawal 1. For any distance contract the consumer shall have a period of at least seven working days in which to withdraw from the contract without penalty and without giving any reason. The only charge that may be made to the consumer because of the exercise of his right of withdrawal is the direct cost of returning the goods.The period for exercise of this right shall begin:- in the case of goods, from the day of receipt by the consumer where the obligations laid down in Article 5 have been fulfilled,- in the case of services, from the day of conclusion of the contract or from the day on which the obligations laid down in Article 5 were fulfilled if they are fulfilled after conclusion of the contract, provided that this period does not exceed the three-month period referred to in the following subparagraph.If the supplier has failed to fulfil the obligations laid down in Article 5, the period shall be three months. The period shall begin:- in the case of goods, from the day of receipt by the consumer,- in the case of services, from the day of conclusion of the contract.If the information referred to in Article 5 is supplied within this three-month period, the seven working day period referred to in the first subparagraph shall begin as from that moment.2. Where the right of withdrawal has been exercised by the consumer pursuant to this Article, the supplier shall be obliged to reimburse the sums paid by the consumer free of charge. The only charge that may be made to the consumer because of the exercise of his right of withdrawal is the direct cost of returning the goods. Such reimbursement must be carried out as soon as possible and in any case within 30 days.3. Unless the parties have agreed otherwise, the consumer may not exercise the right of withdrawal provided for in paragraph 1 in respect of contracts:- for the provision of services if performance has begun, with the consumer's agreement, before the end of the seven working day period referred to in paragraph 1,- for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier,- for the supply of goods made to the consumer's specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly,- for the supply of audio or video recordings or computer software which were unsealed by the consumer,- for the supply of newspapers, periodicals and magazines,- for gaming and lottery services.4. The Member States shall make provision in their legislation to ensure that:- if the price of goods or services is fully or partly covered by credit granted by the supplier, or- if that price is fully or partly covered by credit granted to the consumer by a third party on the basis of an agreement between the third party and the supplier,the credit agreement shall be cancelled, without any penalty, if the consumer exercises his right to withdraw from the contract in accordance with paragraph 1.Member States shall determine the detailed rules for cancellation of the credit agreement.Article 7 Performance 1. Unless the parties have agreed otherwise, the supplier must execute the order within a maximum of 30 days from the day following that on which the consumer forwarded his order to the supplier.2. Where a supplier fails to perform his side of the contract on the grounds that the goods or services ordered are unavailable, the consumer must be informed of this situation and must be able to obtain a refund of any sums he has paid as soon as possible and in any case within 30 days.3. Nevertheless, Member States may lay down that the supplier may provide the consumer with goods or services of equivalent quality and price provided that this possibility was provided for prior to the conclusion of the contract or in the contract. The consumer shall be informed of this possibility in a clear and comprehensible manner. The cost of returning the goods following exercise of the right of withdrawal shall, in this case, be borne by the supplier, and the consumer must be informed of this. In such cases the supply of goods or services may not be deemed to constitute inertia selling within the meaning of Article 9.Article 8 Payment by card Member States shall ensure that appropriate measures exist to allow a consumer:- to request cancellation of a payment where fraudulent use has been made of his payment card in connection with distance contracts covered by this Directive,- in the event of fraudulent use, to be recredited with the sums paid or have them returned.Article 9 Inertia selling Member States shall take the measures necessary to:- prohibit the supply of goods or services to a consumer without their being ordered by the consumer beforehand, where such supply involves a demand for payment,- exempt the consumer from the provision of any consideration in cases of unsolicited supply, the absence of a response not constituting consent.Article 10 Restrictions on the use of certain means of distance communication 1. Use by a supplier of the following means requires the prior consent of the consumer:- automated calling system without human intervention (automatic calling machine),- facsimile machine (fax).2. Member States shall ensure that means of distance communication, other than those referred to in paragraph 1, which allow individual communications may be used only where there is no clear objection from the consumer.Article 11 Judicial or administrative redress 1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive in the interests of consumers.2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied:(a) public bodies or their representatives;(b) consumer organizations having a legitimate interest in protecting consumers;(c) professional organizations having a legitimate interest in acting.3. (a) Member States may stipulate that the burden of proof concerning the existence of prior information, written confirmation, compliance with time-limits or consumer consent can be placed on the supplier.(b) Member States shall take the measures needed to ensure that suppliers and operators of means of communication, where they are able to do so, cease practices which do not comply with measures adopted pursuant to this Directive.4. Member States may provide for voluntary supervision by self-regulatory bodies of compliance with the provisions of this Directive and recourse to such bodies for the settlement of disputes to be added to the means which Member States must provided to ensure compliance with the provisions of this Directive.Article 12 Binding nature 1. The consumer may not waive the rights conferred on him by the transposition of this Directive into national law.2. Member States shall take the measures needed to ensure that the consumer does not lose the protection granted by this Directive by virtue of the choice of the law of a non-member country as the law applicable to the contract if the latter has close connection with the territory of one or more Member States.Article 13 Community rules 1. The provisions of this Directive shall apply insofar as there are no particular provisions in rules of Community law governing certain types of distance contracts in their entirety.2. Where specific Community rules contain provisions governing only certain aspects of the supply of goods or provision of services, those provisions, rather than the provisions of this Directive, shall apply to these specific aspects of the distance contracts.Article 14 Minimal clause Member States may introduce or maintain, in the area covered by this Directive, more stringent provisions compatible with the Treaty, to ensure a higher level of consumer protection. Such provisions shall, where appropriate, include a ban, in the general interest, on the marketing of certain goods or services, particularly medicinal products, within their territory by means of distance contracts, with due regard for the Treaty.Article 15 Implementation 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than three years after it enters into force. They shall forthwith inform the Commission thereof.2. When Member States adopt the measures referred to in paragraph 1, these shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The procedure for such reference shall be laid down by Member States.3. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.4. No later than four years after the entry into force of this Directive the Commission shall submit a report to the European Parliament and the Council on the implementation of this Directive, accompanied if appropriate by a proposal for the revision thereof.Article 16 Consumer information Member States shall take appropriate measures to inform the consumer of the national law transposing this Directive and shall encourage, where appropriate, professional organizations to inform consumers of their codes of practice.Article 17 Complaints systems The Commission shall study the feasibility of establishing effective means to deal with consumers' complaints in respect of distance selling. Within two years after the entry into force of this Directive the Commission shall submit a report to the European Parliament and the Council on the results of the studies, accompanied if appropriate by proposals.Article 18 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 19 This Directive is addressed to the Member States.Done at Brussels, 20 May 1997.For the European ParliamentThe PresidentJ.M. GIL-ROBLESFor the CouncilThe PresidentJ. VAN AARTSEN(1) OJ No C 156, 23. 6. 1992, p. 14 and OJ No C 308, 15. 11. 1993, p. 18.(2) OJ No C 19, 25. 1. 1993, p. 111.(3) Opinion of the European Parliament of 26 May 1993 (OJ No C 176, 28. 6. 1993, p. 95), Council common position of 29 June 1995 (OJ No C 288, 30. 10. 1995, p. 1) and Decision of the European Parliament of 13 December 1995 (OJ No C 17, 22. 1. 1996, p. 51). Decision of the European Parliament of 16 January 1997 and Council Decision of 20 January 1997.(4) OJ No C 92, 25. 4. 1975, p. 1.(5) OJ No C 167, 5. 7. 1986, p. 1.(6) OJ No C 294, 22. 11. 1989, p. 1.(7) OJ No L 250, 19. 9. 1984, p. 17.(8) OJ No L 156, 10. 6. 1992, p. 21.(9) OJ No L 298, 17. 10. 1989, p. 23.(10) OJ No L 113, 30. 4. 1992, p. 13.ANNEX I Means of communication covered by Article 2 (4) - Unaddressed printed matter- Addressed printed matter- Standard letter- Press advertising with order form- Catalogue- Telephone with human intervention- Telephone without human intervention (automatic calling machine, audiotext)- Radio- Videophone (telephone with screen)- Videotex (microcomputer and television screen) with keyboard or touch screen- Electronic mail- Facsimile machine (fax)- Television (teleshopping).ANNEX II Financial services within the meaning of Article 3 (1) - Investment services- Insurance and reinsurance operations- Banking services- Operations relating to dealings in futures or options.Such services include in particular:- investment services referred to in the Annex to Directive 93/22/EEC (1); services of collective investment undertakings,- services covered by the activities subject to mutual recognition referred to in the Annex to Directive 89/646/EEC (2);- operations covered by the insurance and reinsurance activities referred to in:- Article 1 of Directive 73/239/EEC (3),- the Annex to Directive 79/267/EEC (4),- Directive 64/225/EEC (5),- Directives 92/49/EEC (6) and 92/96/EEC (7).(1) OJ No L 141, 11. 6. 1993, p. 27.(2) OJ No L 386, 30. 12. 1989, p. 1. Directive as amended by Directive 92/30/EEC (OJ No L 110, 28. 4. 1992, p. 52).(3) OJ No L 228, 16. 8. 1973, p. 3. Directive as last amended by Directive 92/49/EEC (OJ No L 228, 11. 8. 1992, p. 1).(4) OJ No L 63, 13. 3. 1979, p. 1. Directive as last amended by Directive 90/619/EEC (OJ No L 330, 29. 11. 1990, p. 50).(5) OJ No 56, 4. 4. 1964, p. 878/64. Directive as amended by the 1973 Act of Accession.(6) OJ No L 228, 11. 8. 1992, p. 1.(7) OJ No L 360, 9. 12. 1992, p. 1.Statement by the Council and the Parliament re Article 6 (1) The Council and the Parliament note that the Commission will examine the possibility and desirability of harmonizing the method of calculating the cooling-off period under existing consumer-protection legislation, notably Directive 85/577/EEC of 20 December 1985 on the protection of consumers in respect of contracts negotiated away from commercial establishments ('door-to-door sales`) (1).(1) OJ No L 372, 31. 12. 1985, p. 31.Statement by the Commission re Article 3 (1), first indent The Commission recognizes the importance of protecting consumers in respect of distance contracts concerning financial services and has published a Green Paper entitled 'Financial services: meeting consumers' expectations`. In the light of reactions to the Green Paper the Commission will examine ways of incorporating consumer protection into the policy on financial services and the possible legislative implications and, if need be, will submit appropriate proposals.


title: Commission Directive 2011/18/EU of 1 March 2011 amending Annexes II, V and VI to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community  Text with EEA relevance

text:
               2.3.2011

               EN

               Official Journal of the European Union

               L 57/21

         COMMISSION DIRECTIVE 2011/18/EU
   of 1 March 2011
   amending Annexes II, V and VI to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 30.3 thereof,
   Whereas:

               (1)

               Measures designed to amend non-essential elements of Directive 2008/57/EC and relating to the adaptation of Annexes II to IX to that Directive are to be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 29(4) of Directive 2008/57/EC.

               (2)

               The control-command and signalling subsystem consist of trackside and on-board equipment, which should be considered as two separate subsystems. Annex II to Directive 2008/57/EC should therefore be amended accordingly.

               (3)

               The electricity consumption measuring equipment is physically integrated in the rolling stock. Annex II to Directive 2008/57/EC should therefore be amended accordingly.

               (4)

               In accordance with Article 17(3) of Directive 2008/57/EC, Member States should designate the bodies responsible for carrying out the verification procedures in the case of national rules. Annexes V and VI to Directive 2008/57/EC should therefore be amended to specify these procedures applied by these bodies.

               (5)

               With regard to Section 2 of Annex VI to Directive 2008/57/EC and recourse to intermediate statements of verification (hereinafter ‘ISV’), the notified body should first draw up an ‘EC’ certificate of intermediate statement of verification and then the applicant should draw up the related ‘EC’ declaration. Annexes V and VI to Directive 2008/57/EC should therefore be amended accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Committee established pursuant to Article 29(1) of the Directive 2008/57/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes II, V and VI to Directive 2008/57/EC are replaced by the text set out in Annexes I, II and III to this Directive respectively.
   Article 2
   1.   The Member States shall bring into force the laws, regulation and administrative provisions necessary to comply with this Directive by 31 December 2011 at the latest. They shall forthwith communicate the text of those provisions to the Commission.
   2.   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   3.   The obligations for transposition and implementation of this Directive shall not apply to the Republic of Cyprus and the Republic of Malta for as long as no railway system is established within their territories.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 1 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 191, 18.7.2008, p. 1.

      ANNEX I

            ‘ANNEX II

               SUBSYSTEMS

            1.   List of subsystems

            For the purposes of this Directive, the system constituting the rail system may be broken down into the following subsystems, either:

                        (a)

                        structural areas:

                                    —

                                    infrastructure,

                                    —

                                    energy,

                                    —

                                    trackside control-command and signalling,

                                    —

                                    on-board control-command and signalling,

                                    —

                                    rolling stock,

                        (b)

                        functional areas:

                                    —

                                    operation and traffic management,

                                    —

                                    maintenance,

                                    —

                                    telematics applications for passenger and freight services.

                  2.   Description of the subsystems

            For each subsystem or part of a subsystem, the list of constituents and aspects relating to interoperability is proposed by the Agency at the time of drawing up the relevant draft TSI. Without prejudging the choice of aspects and constituents relating to interoperability or the order in which they will be made subject to TSIs, the subsystems include the following:
            2.1.   Infrastructure

            The track, points, engineering structures (bridges, tunnels, etc.), associated station infrastructure (platforms, zones of access, including the needs of persons with reduced mobility, etc.), safety and protective equipment.
            2.2.   Energy

            The electrification system, including overhead lines and the trackside of the electricity consumption measuring system.
            2.3.   Trackside control-command and signalling

            All the trackside equipment required to ensure safety and to command and control movements of trains authorised to travel on the network.
            2.4.   On-board control-command and signalling

            All the on-board equipment required to ensure safety and to command and control movements of trains authorised to travel on the network.
            2.5.   Operation and traffic management

            The procedures and related equipment enabling coherent operation of the various structural subsystems, during both normal and degraded operation, including in particular train composition and train driving, traffic planning and management.
            The professional qualifications which may be required for carrying out cross-border services.
            2.6.   Telematics applications

            In accordance with Annex I, this subsystem comprises two elements:

                        (a)

                        applications for passenger services, including systems which provide passengers with information before and during the journey, reservation and payment systems, luggage management and management of connections between trains and with other modes of transport;

                        (b)

                        applications for freight services, including information systems (realtime monitoring of freight and trains), marshalling and allocation systems, reservation, payment and invoicing systems, management of connections with other modes of transport and production of electronic accompanying documents.

                  2.7.   Rolling stock

            Structure, command and control system for all train equipment, electric current collection devices, traction and energy conversion units, on-board equipment for electricity consumption measuring, braking, coupling and running gear (bogies, axles, etc.) and suspension, doors, man/machine interfaces (driver, on-board staff and passengers, including the needs of persons with reduced mobility), passive or active safety devices and requisites for the health of passengers and on-board staff.
            2.8.   Maintenance

            The procedures, associated equipment, logistics centres for maintenance work and reserves providing the mandatory corrective and preventive maintenance to ensure the interoperability of the rail system and guarantee the performance required.’

      ANNEX II

            ‘ANNEX V

               DECLARATION OF VERIFICATION OF SUBSYSTEMS

            1.   “EC” declaration of verification of subsystems

            The “EC” declaration of verification and the accompanying documents must be dated and signed.
            The said declaration must be based on the information resulting from the “EC” verification procedure for subsystems as defined in Section 2 of Annex VI. It must be written in the same language as the technical file and must contain at least the following:

                        —

                        the Directive references,

                        —

                        name and address of the contracting entity or the manufacturer, or its authorised representative established within the European Union (specify the trade name and full address; in the case of the authorised representative, specify also the trade name of the contracting entity or the manufacturer),

                        —

                        a brief description of the subsystem,

                        —

                        name and address of the notified body which conducted the “EC” verification referred to in Article 18,

                        —

                        the references of the documents contained in the technical file,

                        —

                        all the relevant temporary or final provisions to be complied with by the subsystems and in particular, where appropriate, any operating restrictions or conditions,

                        —

                        if temporary: duration of validity of the “EC” declaration,

                        —

                        identity of the signatory.

                  Where reference is made in Annex VI to the “EC” ISV declaration, the provisions of this Section shall apply to this declaration.
            2.   Declaration of verification of subsystems in the case of national rules

            Where reference is made in Annex VI to the declaration of verification of subsystems in the case of national rules, the provisions of Section 1 shall apply mutatis mutandi to that declaration.’

      ANNEX III

            ‘ANNEX VI

               VERIFICATION PROCEDURE FOR SUBSYSTEMS

            1.   GENERAL PRINCIPLES
            The verification procedure for a subsystem involves checking and certifying that a subsystem:

                        —

                        is designed, constructed and installed in such a way as to meet the essential requirements concerning it, and

                        —

                        may be authorised to be placed in service.

                  2.   “EC” VERIFICATION PROCEDURE
            2.1.   Introduction

            “EC” verification is the procedure whereby a notified body checks and certifies that the subsystem:

                        —

                        complies with the relevant TSI(s),

                        —

                        complies with the other regulations deriving from the Treaty.

                  2.2.   Parts of the subsystem and stages

            2.2.1   Intermediate statement of verification (ISV)

            If specified in the TSIs or, where appropriate, at the applicant’s request, the subsystem could be divided into certain parts or checked at certain stages of the verification procedure.
            The intermediate statement of verification (ISV) is the procedure whereby a notified body checks and certifies certain parts of the subsystem or certain stages of the verification procedure.
            Each ISV leads to the issuing of an “EC” ISV certificate by the notified body chosen by the applicant, which in turn, where applicable, draws up an “EC” ISV declaration. The ISV certificate and ISV declaration must provide reference to the TSIs with which the conformity has been assessed.
            2.2.2   Parts of the subsystem

            The applicant may apply for an ISV for each part. And each part shall be checked at each stage as described in Section 2.2.3.
            2.2.3   Stages of the verification procedure

            The subsystem, or certain parts of the subsystem, shall be checked at each of the following stages:

                        —

                        overall design,

                        —

                        production: construction, including, in particular, civil-engineering activities, manufacturing, constituent assembly and overall adjustment,

                        —

                        final testing.

                  The applicant may apply for an ISV for the design stage (including the type tests) and for the production stage.
            2.3.   Certificate of verification

            2.3.1.   The notified body responsible for “EC” verification assesses the design, production and final testing of the subsystem and draws up the “EC” certificate of verification intended for the applicant, who in turn draws up the “EC” declaration of verification. The “EC” verification certificate must provide reference to the TSIs with which the conformity has been assessed.
            Where a subsystem has not been assessed for its conformity with all relevant TSI(s) (e.g. in the case of a derogation, partial application of TSIs for upgrade or renewal, transitional period in a TSI or specific case), the “EC” certificate shall give the precise reference to the TSI(s) or their parts whose conformity has not been examined by the notified body during the “EC” verification procedure.
            2.3.2.   Where “EC” ISV certificates have been issued the notified body responsible for the “EC” verification of the subsystem takes these “EC” ISV certificates into account, and, before issuing the “EC” certificate of verification, it:

                        —

                        verifies that the “EC” ISV certificates cover correctly the relevant requirements of the TSI(s),

                        —

                        checks all aspects that are not covered by the “EC” ISV certificate(s), and

                        —

                        checks the final testing of the subsystem as a whole.

                  2.4.   Technical file

            The technical file accompanying the “EC” declaration of verification must contain the following:

                        —

                        technical characteristics linked to the design including general and detailed drawings with respect to execution, electrical and hydraulic diagrams, control-circuit diagrams, description of data-processing and automatic systems, documentation on operation and maintenance, etc., relevant for the subsystem concerned,

                        —

                        list of interoperability constituents, as referred to in Article 5(3)(d), incorporated into the subsystem,

                        —

                        copies of the “EC” declarations of conformity or suitability for use with which the abovementioned constituents must be provided in accordance with Article 13 of the Directive, accompanied, where appropriate, by the corresponding calculation notes and a copy of the records of the tests and examinations carried out by the notified bodies on the basis of the common technical specifications,

                        —

                        where available, the “EC” ISV certificate(s) and, in such a case, where relevant, the “EC” ISV declaration(s), that accompany the “EC” certificate of verification, including the result of verification by the notified body of the certificates validity,

                        —

                        “EC” certificate of verification, accompanied by corresponding calculation notes and signed by the notified body responsible for the “EC” verification, stating that the subsystem complies with the requirements of the relevant TSI(s) and mentioning any reservations recorded during performance of the activities and not withdrawn; the “EC” certificate of verification should also be accompanied by the inspection and audit reports drawn up by the same body in connection with its task, as specified in Sections 2.5.3 and 2.5.4,

                        —

                        “EC” certificates issued in accordance with other legislation deriving from the Treaty,

                        —

                        when safe integration is required pursuant Commission Regulation (EC) No 352/2009 (1), the applicant shall include in the technical file the assessor’s report on the Common Safety Methods (CSM) on risk assessment referred to in Article 6(3) of Directive 2004/49/EC.

                  2.5.   Monitoring

            2.5.1.   The aim of “EC” monitoring is to ensure that the obligations deriving from the technical file have been met during the production of the subsystem.
            2.5.2.   The notified body responsible for checking production must have permanent access to building sites, production workshops, storage areas and, where appropriate, prefabrication or testing facilities and, more generally, to all premises which it considers necessary for its task. The notified body must receive from the applicant all the documents needed for that purpose and, in particular, the implementation plans and technical documentation concerning the subsystem.
            2.5.3.   The notified body responsible for checking implementation must periodically carry out audits in order to confirm compliance with the relevant TSI(s). It must provide those responsible for implementation with an audit report. Its presence may be required at certain stages of the building operations.
            2.5.4.   In addition, the notified body may pay unexpected visits to the worksite or to the production workshops. At the time of such visits the notified body may conduct complete or partial audits. It must provide those responsible for implementation with an inspection report and, if appropriate, an audit report.
            2.5.5.   With a view to delivering the “EC” declaration of suitability for use referred to in Section 2 of Annex IV, the notified body shall be able to monitor a subsystem on which an interoperability constituent is mounted in order to assess, where required by the corresponding TSI so requires, its suitability for use in its intended railway environment.
            2.6.   Submission

            The complete file referred to in paragraph 2.4 must be lodged with the applicant in support of the “EC” ISV certificate(s), if available, issued by the notified body responsible for this or in support of the certificate of verification issued by the notified body responsible for “EC” verification of the subsystem. The file must be attached to the “EC” declaration of verification which the applicant sends to the competent authority with which he lodges the application for authorisation for placing in service.
            A copy of the file must be kept by the applicant throughout the service life of the subsystem. It must be sent to any other Member States which so request.
            2.7.   Publication

            Each notified body must periodically publish relevant information concerning:

                        —

                        requests for “EC” verification and ISV received,

                        —

                        request for assessment of conformity and/or suitability for use of ICs,

                        —

                        “EC” ISV certificates issued or refused,

                        —

                        “EC” certificates of conformity and/or suitability for use issued or refused,

                        —

                        “EC” certificates of verification issued or refused.

                  2.8.   Language

            The files and correspondence relating to the “EC” verification procedures must be written in an EU official language of the Member State in which the applicant is established or in an EU official language accepted by the applicant.
            3.   VERIFICATION PROCEDURE IN THE CASE OF NATIONAL RULES
            3.1.   Introduction

            The verification procedure in the case of national rules is the procedure whereby the body designated pursuant to Article 17(3) (the designated body) checks and certifies that the subsystem complies with the national rules notified in accordance with Article 17(3).
            3.2.   Certificate of verification

            The designated body responsible for the verification procedure in the case of national rules draws up the certificate of verification intended for the applicant.
            The certificate shall contain a precise reference to the national rule(s) whose conformity has been examined by the designated body in the verification process, including those related to parts subject to derogation from a TSI, upgrade or renewal.
            In the case of national rules related to the subsystems composing a vehicle, the designated body shall divide the certificate into two parts, one part including the references to those national rules strictly related to the technical compatibility between the vehicle and the network concerned, and the other part for all other national rules.
            3.3.   Technical file

            The technical file accompanying the certificate of verification in the case of national rules must be included in the technical file referred to in point 2.4 and shall contain the technical data relevant for the assessment of the conformity of the sub-system with the national rules.’

         (1)  OJ L 108, 22.4.2009, p 4.