Avis juridique important

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31998L0048

Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations

Official Journal L 217 , 05/08/1998 P. 0018 - 0026

DIRECTIVE 98/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulationsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 100a and 213 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),(1) Whereas, in order to promote the smooth functioning of the internal market, as much transparency as possible should be ensured as regards the future national rules and regulations applying to Information Society services, by amending Directive 98/34/EC (4);(2) Whereas a wide variety of services within the meaning of Articles 59 and 60 of the Treaty will benefit by the opportunities afforded by the Information Society of being provided at a distance, electronically and at the individual request of a recipient of services;(3) Whereas the area without internal frontiers comprising the internal market enables providers of such services to develop their cross-border activities with a view to increasing their competitiveness, and thus affords citizens new opportunities to transmit and receive information regardless of frontiers, and consumers new forms of access to goods and services;(4) Whereas the extension of the scope of Directive 98/34/EC should not prevent Member States from taking account of the different social, societal and cultural implications inherent in the advent of the Information Society; whereas, in particular, the use of the procedural rules laid down in that Directive for Information Society services should not affect cultural policy measures, particularly in the audiovisual field, which Member States might adopt in accordance with Community law, taking account of their linguistic diversity, their specific national and regional characteristics and their cultural heritage; whereas the development of the Information Society should ensure, in any event, proper access of European citizens to the European cultural heritage supplied in a digital environment;(5) Whereas Directive 98/34/EC is not intended to apply to national rules relating to fundamental rights, such as constitutional provisions concerning freedom of expression and, more particularly, freedom of the press; whereas it is not intended to apply to the general criminal law either; whereas, furthermore, it does not apply to agreements governed by private law between credit institutions, in particular, to agreements on the execution of payments between credit institutions;(6) Whereas the European Council has stressed the need to create a clear and stable legal framework at Community level in order to foster the development of the Information Society; whereas Community law and the rules governing the internal market in particular, including both the principles enshrined in the Treaty and secondary legislation, already constitute a basic legal framework for the development of such services;(7) Whereas it should be possible to adapt the existing national rules and regulations applicable to services available at the present so as to take account of new Information Society services, either with a view to ensuring that the general interest is better protected or, on the other hand, with a view to simplifying such rules and regulations where their application is disproportionate to the objectives they pursue;(8) Whereas, without coordination at Community level, this foreseeable regulatory activity at national level might give rise to restrictions on the free movement of services and the freedom of establishment, leading in turn to a refragmentation of the internal market, over-regulation and regulatory inconsistencies;(9) Whereas, in order to ensure real and effective protection of the general-interest objectives involved in the development of the Information Society, there is a need for a coordinated approach at Community level when questions relating to activities with such highly transnational connotations as those of the new services are dealt with;(10) Whereas, in the case of telecommunications services, there is already harmonisation at Community level or, in some cases, arrangements for mutual recognition, and whereas the existing Community legislation provides for adaptations to take account of technological developments and the supply of new services and, as a result, the majority of national regulations concerning telecommunications services will not be subject to notification under this Directive since they will come under the exemptions set out in Article 10(1) or Article 1 point 5 of Directive 98/34/EC; whereas, nevertheless, certain national provisions specifically aimed at matters which are not subject to Community legislation may affect the free movement of Information Society services and to that extent they must be notified;(11) Whereas, for the other still little known fields of the Information Society, it would, however, be premature to coordinate national rules and regulations by means of extensive or exhaustive harmonisation at Community level of the substantive law, given that enough is not yet known about the form the new services will take or their nature, that there is as yet at national level no specific regulatory activity in this field, and that the need for, and content of, such harmonisation in the light of the internal market cannot be defined at this stage;(12) Whereas it is therefore necessary to preserve the smooth functioning of the internal market and to avert the risks of refragmentation by providing for a procedure for the provision of information, the holding of consultations, and administrative cooperation in respect of new draft rules and regulations; whereas such a procedure will help, inter alia, to ensure that the Treaty, in particular Articles 52 and 59 thereof, is effectively applied and, where necessary, to detect any need to protect the general interest at Community level; whereas, moreover, the improved application of the Treaty made possible by such an information procedure will have the effect of reducing the need for Community rules to what is strictly necessary and proportional in the light of the internal market and the protection of general-interest objectives; whereas, lastly, such a procedure will enable businesses to exploit the advantages of the internal market more effectively;(13) Whereas Directive 98/34/EC pursues the same objectives and whereas this procedure is effective, being the most comprehensive one for attaining these objectives; whereas the experience that has been gained in implementing that Directive and the procedures provided for therein can be applied to draft rules on Information Society services; whereas the procedure it lays down is now well established among national authorities;(14) Whereas, moreover, in accordance with Article 7a of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured and whereas Directive 98/34/EC provides only for an administrative cooperation procedure and not for any harmonisation of substantive rules;(15) Whereas, therefore, amendment of Directive 98/34/EC with a view to applying it to draft rules and regulations on Information Society services is the approach best suited, with regard to the legal framework of the said services, to meeting effectively the need for transparency in the internal market;(16) Whereas notification should be provided for notably in the case of rules which are likely to evolve in future; whereas services which are provided at a distance, electronically, and at the individual request of a recipient of services (Information Society services) are likely, in view of their diversity and their future growth, to necessitate and generate the largest number of new rules and regulations; whereas provision must accordingly be made for the notification of draft rules and regulations relating to such services;(17) Whereas specific rules on the taking-up and pursuit of service activities which are capable of being carried on in the manner described above should thus be communicated even where they are included in rules and regulations with a more general purpose; whereas, however, general regulations which do not contain any provision specifically aimed at such services need not be notified;(18) Whereas 'rules on the taking-up and pursuit of service activities` means rules laying down requirements concerning Information Society services, such as those relating to service providers, services and recipients of services and to economic activities capable of being provided electronically, at a distance and at the individual request of the recipient of the services; whereas, for example, rules on the establishment of service providers, in particular those on authorisation or licensing arrangements, are accordingly covered; whereas a provision specifically aimed at Information Society services must be considered as being such a rule even if part of a more general regulation; whereas, on the other hand, measures of direct and individual concern to certain specific recipients (such as, for example, telecommunications licences) would not be covered;(19) Whereas, under Article 60 of the Treaty as interpreted by the case-law of the Court of Justice, 'services` means those normally provided for remuneration; whereas that characteristic is absent in the case of activities which a State carries out without economic consideration in the context of its duties in particular in the social, cultural, educational and judicial fields; whereas national provisions concerning such activities are not covered by the definition given in Article 60 of the Treaty and therefore do not fall within the scope of this Directive;(20) Whereas this Directive is without prejudice to the scope of 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 (5), as amended by Directive 97/36/EC of the European Parliament and of the Council (6), or any future amendments;(21) Whereas, in any event, this Directive does not cover draft national provisions aimed at transposing the content of Community directives in force or awaiting adoption inasmuch as they are already subject to specific examination; whereas it accordingly covers neither national rules and regulations transposing Directive 89/552/EEC, as amended by Directive 97/36/EC, or any future amendments, nor national rules and regulations transposing, or adopted subsequently within the context of, Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences for telecommunications services (7);(22) Whereas, moreover, provision should be made for exceptional cases in which national rules and regulations concerning Information Society services might be adopted immediately and whereas it is also important to allow this possibility solely for urgent reasons linked to serious and unforeseeable circumstances, such as circumstances of which there was no previous knowledge and the origin of which is not attributable to any action on the part of the authorities of the Member State concerned, so as not to jeopardize the objective of prior consultation and administrative cooperation inherent in this Directive;(23) Whereas it is appropriate for a Member State to postpone for twelve months - or possibly eighteen months in the case of a common position of the Council - the adoption of a draft rule on services only where the draft rule relates to a matter which falls within the scope of a proposal for a directive, regulation or decision which the Commission has already submitted to the Council; whereas this standstill obligation may be imposed by the Commission on the relevant Member State only if the draft national rule contains provisions which are not substantively consistent with the proposal submitted by the Commission;(24) Whereas definition of the framework for the provision of information and the holding of consultations at Community level as established by this Directive is a precondition for consistent and effective participation by the Community in work involving matters relating to the regulatory aspects of Information Society services in the international context;(25) Whereas it is appropriate that, in the context of the functioning of Directive 98/34/EC, the Committee provided for in Article 5 thereof should meet specifically to examine questions relating to Information Society services;(26) Whereas, by the same token, it should be noted that whenever a national measure is required also to be notified at the draft stage under another Community act, the Member State concerned may make a single communication under that other act, by indicating that that communication constitutes a communication also for the purpose of this Directive;(27) Whereas the Commission will at regular intervals investigate developments in the market for new services in the field of the Information Society, especially in the framework of the convergence between telecommunications, information technology and media and, where necessary, take initiatives in order to adapt rules promptly in order to encourage the European development of new services,HAVE ADOPTED THIS DIRECTIVE:Article 1 Directive 98/34/EC is amended as follows:1. the title shall be replaced by the following:'Directive of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services`;2. Article 1 is amended as follows:(a) the following new point shall be inserted:'2. "service", any Information Society service, that is to say, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services.For the purposes of this definition:- "at a distance" means that the service is provided without the parties being simultaneously present,- "by electronic means" means that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means,- "at the individual request of a recipient of services" means that the service is provided through the transmission of data on individual request.An indicative list of services not covered by this definition is set out in Annex V.This Directive shall not apply to:- radio broadcasting services,- television broadcasting services covered by point (a) of Article 1 of Directive 89/552/EEC (*).(*) OJ L 298, 17.10.1989, p. 23. Directive as last amended by Directive 97/36/EC (OJ L 202, 30.7.1997, p. 1)`;(b) points 2 and 3 shall become points 3 and 4 respectively;(c) the following new point shall be inserted:'5. "rule on services", requirement of a general nature relating to the taking-up and pursuit of service activities within the meaning of point 2, in particular provisions concerning the service provider, the services and the recipient of services, excluding any rules which are not specifically aimed at the services defined in that point.This Directive shall not apply to rules relating to matters which are covered by Community legislation in the field of telecommunications services, as defined by Directive 90/387/EEC (*).This Directive shall not apply to rules relating to matters which are covered by Community legislation in the field of financial services, as listed non-exhaustively in Annex VI to this Directive.With the exception of Article 8(3), this Directive shall not apply to rules enacted by or for regulated markets within the meaning of Directive 93/22/EEC or by or for other markets or bodies carrying out clearing or settlement functions for those markets.For the purposes of this definition:- a rule shall be considered to be specifically aimed at Information Society services where, having regard to its statement of reasons and its operative part, the specific aim and object of all or some of its individual provisions is to regulate such services in an explicit and targeted manner,- a rule shall not be considered to be specifically aimed at Information Society services if it affects such services only in an implicit or incidental manner.(*) OJ L 192, 24.7.1990, p. 1. Directive as amended by Directive 97/51/EC (OJ L 295, 29.10.1997, p. 23).`;(d) points 4 to 8 shall become points 6 to 10;(e) point 9 shall be renumbered 11 and shall read as follows:'11. "technical regulation", technical specifications and other requirements or rules on services, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing, provision of a service, establishment of a service operator or use in a Member State or a major part thereof, as well as laws, regulations or administrative provisions of Member States, except those provided for in Article 10, prohibiting the manufacture, importation, marketing or use of a product or prohibiting the provision or use of a service, or establishment as a service provider.De facto technical regulations include:- laws, regulations or administrative provisions of a Member State which refer either to technical specifications or to other requirements or to rules on services, or to professional codes or codes of practice which in turn refer to technical specifications or to other requirements or to rules on services, compliance with which confers a presumption of conformity with the obligations imposed by the aforementioned laws, regulations or administrative provisions,- voluntary agreements to which a public authority is a contracting party and which provide, in the general interest, for compliance with technical specifications or other requirements or rules on services, excluding public procurement tender specifications,- technical specifications or other requirements or rules on services which are linked to fiscal or financial measures affecting the consumption of products or services by encouraging compliance with such technical specifications or other requirements or rules on services; technical specifications or other requirements or rules on services linked to national social security systems are not included.This comprises technical regulations imposed by the authorities designated by the Member States and appearing on a list to be drawn up by the Commission before 5 August 1999 (*), in the framework of the Committee referred to in Article 5.The same procedure shall be used for amending this list;`(f) point 10 shall be renumbered 12 and the first subparagraph shall read as follows:'12. "draft technical regulation", the text of a technical specification or other requirement or of a rule on services, including administrative provisions, formulated with the aim of enacting it or of ultimately having it enacted as a technical regulation, the text being at a stage of preparation at which substantial amendments can still be made;`3. Article 6 shall be amended as follows:(a) the following subparagraph shall be added to paragraph 1:'The Committee shall meet in a specific composition to examine questions concerning Information Society services.`;(b) the following paragraph shall be added:'8. With respect to rules on services, the Commission and the Committee may consult natural or legal persons from industry or academia, and where possible representative bodies, capable of delivering an expert opinion on the social and societal aims and consequences of any draft rule on services, and take notice of their advice whenever requested to do so.`;4. The sixth subparagraph of Article 8(1) shall be replaced by the following:'With respect to the technical specifications or other requirements or rules on services referred to in the third indent of the second subparagraph of point 11 of Article 1, the comments or detailed opinions of the Commission or Member States may concern only aspects which may hinder trade or, in respect of rules on services, the free movement of services or the freedom of establishment of service operators and not the fiscal or financial aspects of the measure.`;5. Article 9 shall be amended as follows:(a) Paragraphs 2 and 3 shall be replaced by the following:'2. Member States shall postpone:- for four months the adoption of a draft technical regulation in the form of a voluntary agreement within the meaning of the second indent of the second subparagraph of point 11 of Article 1,- without prejudice to paragraphs 3, 4 and 5, for six months the adoption of any other draft technical regulation (except for draft rules on services),from the date of receipt by the Commission of the communication referred to in Article 8(1) if the Commission or another Member State delivers a detailed opinion, within three months of that date, to the effect that the measure envisaged may create obstacles to the free movement of goods within the internal market;- without prejudice to paragraphs 4 and 5, for four months the adoption of any draft rule on services, from the date of receipt by the Commission of the communication referred to in Article 8(1) if the Commission or another Member State delivers a detailed opinion, within three months of that date, to the effect that the measure envisaged may create obstacles to the free movement of services or to the freedom of establishment of service operators within the internal market.With regard to draft rules on services, detailed opinions from the Commission or Member States may not affect any cultural policy measures, in particular in the audiovisual sphere, which Member States might adopt in accordance with Community law, taking account of their linguistic diversity, their specific national and regional characteristics and their cultural heritage.The Member State concerned shall report to the Commission on the action it proposes to take on such detailed opinions. The Commission shall comment on this reaction.With respect to rules on services, the Member State concerned shall indicate, where appropriate, the reasons why the detailed opinions cannot be taken into account.3. With the exclusion of draft rules relating to services, Member States shall postpone the adoption of a draft technical regulation for twelve months from the date of receipt by the Commission of the communication referred to in Article 8(1) if, within three months of that date, the Commission announces its intention of proposing or adopting a directive, regulation or decision on the matter in accordance with Article 189 of the Treaty.`;(b) Paragraph 7 shall be replaced by the following:'7. Paragraphs 1 to 5 shall not apply in cases where:- for urgent reasons, occasioned by serious and unforeseeable circumstances relating to the protection of public health or safety, the protection of animals or the preservation of plants, and for rules on services, also for public policy, notably the protection of minors, a Member State is obliged to prepare technical regulations in a very short space of time in order to enact and introduce them immediately without any consultations being possible or- for urgent reasons occasioned by serious circumstances relating to the protection of the security and the integrity of the financial system, notably the protection of depositors, investors and insured persons, a Member State is obliged to enact and implement rules on financial services immediately.In the communication referred to in Article 8, the Member State shall give reasons for the urgency of the measures taken. The Commission shall give its views on the communication as soon as possible. It shall take appropriate action in cases where improper use is made of this procedure. The European Parliament shall be kept informed by the Commission.`;6. Article 10 shall be amended as follows:(a) the first and second indents of paragraph 1 shall be replaced by the following:'- comply with binding Community acts which result in the adoption of technical specifications or rules on services,- fulfil the obligations arising out of international agreements which result in the adoption of common technical specifications or rules on services in the Community;`(b) the sixth indent of paragraph 1 shall be replaced by the following:'- restrict themselves to amending a technical regulation within the meaning of point 11 of Article 1, in accordance with a Commission request, with a view to removing an obstacle to trade or, in the case of rules on services, to the free movement of services or the freedom of establishment of service operators.`;(c) paragraphs 3 and 4 shall be replaced by the following:'3. Paragraphs 3 to 6 of Article 9 shall not apply to the voluntary agreements referred to in the second indent of the second subparagraph of point 11 of Article 1.4. Article 9 shall not apply to the technical specifications or other requirements or the rules on services referred to in the third indent of the second subparagraph of point 11 of Article 1.`;7. Annexes V and VI, which appear in the Annex to this Directive, shall be added.Article 2 1. Member States shall bring into force the regulations and administrative provisions necessary in order to comply with this Directive by 5 August 1999. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate the main provisions of national law which they adopt in the field covered by this Directive to the Commission.Article 3 Not later than two years from the date referred to in the first subparagraph of Article 2(1), the Commission shall submit to the European Parliament and the Council an evaluation of the application of Directive 98/34/EC in particular in the light of technological and market developments for the services referred to in point 2 of Article 1. Not later than three years from the date referred to in the first subparagraph of Article 2(1), the Commission shall, if necessary, make proposals to the European Parliament and to the Council for a revision of the said Directive.To this end, the Commission shall take into account any observations that might be communicated to it by Member States.Article 4 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 20 July 1998.For the European ParliamentThe PresidentJ.M. GIL-ROBLESFor the CouncilThe PresidentW. MOLTERER(1) OJ C 307, 16. 10. 1996, p. 11, andOJ C 65, 28. 2. 1998, p. 12.(2) OJ C 158, 26. 5. 1997, p. 1.(3) Opinion of the European Parliament of 16 May 1997 (OJ C 167, 2. 6. 1997, p. 238), Council Common Position of 26 January 1998 (OJ C 62, 26. 2. 1998, p. 48) and Decision of the European Parliament of 14 May 1998 (OJ C 167, 1. 6. 1998). Council Decision of 29 June 1998.(4) OJ L 204, 21. 7. 1998, p. 37.(5) OJ L 298, 17. 10. 1989, p. 23.(6) OJ L 202, 30. 7. 1997, p. 1.(7) OJ L 117, 7. 5. 1997, p. 15.ANNEX 'ANNEX VIndicative list of services not covered by the second subparagraph of point 2 of Article 11. Services not provided "at a distance"Services provided in the physical presence of the provider and the recipient, even if they involve the use of electronic devices(a) medical examinations or treatment at a doctor's surgery using electronic equipment where the patient is physically present;(b) consultation of an electronic catalogue in a shop with the customer on site;(c) plane ticket reservation at a travel agency in the physical presence of the customer by means of a network of computers;(d) electronic games made available in a video-arcade where the customer is physically present.2. Services not provided "by electronic means"- Services having material content even though provided via electronic devices:(a) automatic cash or ticket dispensing machines (banknotes, rail tickets);(b) access to road networks, car parks, etc., charging for use, even if there are electronic devices at the entrance/exit controlling access and/or ensuring correct payment is made,- Off-line services: distribution of CD roms or software on diskettes,- Services which are not provided via electronic processing/inventory systems:(a) voice telephony services;(b) telefax/telex services;(c) services provided via voice telephony or fax;(d) telephone/telefax consultation of a doctor;(e) telephone/telefax consultation of a lawyer;(f) telephone/telefax direct marketing.3. Services not supplied "at the individual request of a recipient of services"Services provided by transmitting data without individual demand for simultaneous reception by an unlimited number of individual receivers (point to multipoint transmission):(a) television broadcasting services (including near-video on-demand services), covered by point (a) of Article 1 of Directive 89/552/EEC;(b) radio broadcasting services;(c) (televised) teletext.ANNEX VIIndicative list of the financial services covered by the third subparagraph of point 5 of Article 1- Investment services- Insurance and reinsurance operations- Banking services- Operations relating to pension funds- Services relating to dealings in futures or optionsSuch services include in particular:(a) investment services referred to in the Annex to Directive 93/22/EEC (1); services of collective investment undertakings,(b) services covered by the activities subject to mutual recognition referred to in the Annex to Directive 89/646/EEC (2),(c) 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 L 141, 11. 6. 1993, p. 27.(2) OJ L 386, 30. 12. 1989, p. 1. Directive as amended by Directive 92/30/EEC (OJ L 110, 28. 4. 1992, p. 52).(3) OJ L 228, 16. 8. 1973, p. 3. Directive as last amended by Directive 92/49/EEC (OJ L 228, 11. 8. 1992, p. 1).(4) OJ L 63, 13. 3. 1979, p. 1. Directive as last amended by Directive 90/619/EEC (OJ L 330, 29. 11. 1990, p. 50).(5) OJ 56, 4. 4. 1964, p. 878/64. Directive as amended by the 1973 Act of Accession.(6) OJ L 228, 11. 8. 1992, p. 1.(7) OJ L 360, 9. 12. 1992, p. 1.`


Avis juridique important

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31987L0491

Council Directive 87/491/EEC of 22 September 1987 amending Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products

Official Journal L 279 , 02/10/1987 P. 0027 - 0028 Finnish special edition: Chapter 3 Volume 24 P. 0148  Swedish special edition: Chapter 3 Volume 24 P. 0148

*****COUNCIL  DIRECTIVE  of 22 September 1987  amending Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products  (87/491/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Article 4 (1) of Directive 80/215/EEC (4), as last amended by Regulation (EEC) No 3768/85 (5), defines the types of treatment likely to destroy agents responsible for livestock diseases in meat products with a view to permitting intra-Community trade in such products under certain conditions;  Whereas experience gained and advances in scientific knowledge and meat technology enable a new treatment providing the requisite guarantees to be used;  Whereas the Scientific Veterinary Committee has delivered a favourable opinion regarding the use of the new treatment for preparing pigmeat products in Member States in which African swine fever is prevalent;  Whereas the inclusion of this treatment amongst the others already prescribed will facilitate free movement in the Community, which will increase the value of production while avoiding the risk of spreading disease;  Whereas there is at present some uncertainty as to which provisions of the Treaty can serve as a basis for the adoption of the measures in question, in particular pending the judgment to the handed down by the Court of Justice in Case No 68/86; whereas, exceptionally, the sole legal basis must therefore, for the time being, be the Treaty itself,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Article 3 of Directive 80/215/EEC is hereby amended as follows:  (a) In the first indent, 'Article 1 of Council Directive 64/433/EEC' is replaced by 'Article 2 of Council Directive 64/433/EEC'.  (b) in the second indent, '(a)' is deleted.  Article 2  Article 4 of Directive 80/215/EEC is hereby amended as follows:  1. Paragraph 1 is amended as follows:  (a) In the introductory words, 'Article 1 of Directive 64/433/EEC' is replaced by 'Article 2 of Directive 64/433/EEC'.  (b) Point (a) is replaced by the following:  '(a) heat treatment carried out:  (i) either in a hermetically sealed container, with an Fc value of 3,00 or more;  (ii) or under the following conditions - in so far as the products concerned are prepared exclusively from or with pigmeat from farms or, in the case of the Member States referred to in Article 7a (1), from areas not subject to banning orders on health policy grounds, following the establishment of the existence of African swine fever:  - the meat must be fully boned and the main lymphatic glands removed,  - the piece of meat to be treated mus not weigh more than five kilograms,  - before heating, each piece of meat as referred to above must be enclosed in a hermetically sealed container to be marketed therein,  - the meat in its container must undergo heat treatment in strict conformity with the following conditions:  - the product must be kept at a temperature of at least 60 °C for a minimum of four hours during which the temperature must be at least 70 °C for a minimum of 30 minutes,  - the temperature of a representative number of samples of each batch of products must be monitored constantly. Monitoring must be carried out using automatic apparatus enabling the temperature to be recorded both in the centre of the pieces of greater weight and inside the heating equipment,  - throughout these operations, the conditions laid down in the third subparagraph of Article 5a of Directive 72/461/EEC, as amended by Directive 80/213/EEC (7), must be fulfilled,  - after the treatment, a public health mark must be put on each of the containers referred to in the third and fourth indents, in accordance with points 31, 32 and 33 of Chapter VII of Annex A to Directive 77/99/EEC,  - Member States which make use of the treatment provided for under this point shall communicate to the Commission and the other Member States the list of establishments which possess the equipment required to ensure that the temperatures prescribed above are complied with.  In the case of the Member States referred to in Article 7a (2), the treatment may be used for meat from areas subject to a banning order following the discovery of African swine fever only after a decision has been taken in accordance with Article 7b (2).  (7) OJ No L 47, 21. 2. 1980, p. 1.'  (c) In (b),  - subdivision (i) is replaced by the following:  '(i) heat treatment of a type different from those referred to in (a), in which the centre temperature is raised to at least 70 °c.',  - the following subparagraph is added to subdivision (ii):  'However, if the disease in question is foot-and-mouth disease, this treatment may be applied to bone-in ham which fulfils the other conditions provided for in the first subparagraph.'  (d) The following subparagraph is added:  'The products mentioned in this Article may be prepared only under official veterinary supervision and must be protected from any contamination or recontamination.'  2. In paragraph 2:  - The following subdivision is added under (a):  '(iii) where, as a result of the discovery or the continued existence of African swine fever, a Member State decides to make use of the treatment described in paragraph 1 (a) (ii), it must ensure that fresh pigmeat is marked with the stamp provided for in Article 5a of Directive 72/461/EEC.'  - Point (b) is replaced by the following:  '(b) the health certificate specified in Annex A, Chapter VIII, to Directive 77/99/EEC contains, without prejudice to footnote 3 of that certificate, the following words under the entry 'Nature of products': 'Treated in accordance with Article 4 (1) (a) of Directive 80/215/EEC' or 'Treated in accordance with Article 4 (1) (b) of Directive 80/215/EEC'.  Article 3  Member States shall bring into force, not later than 1 January 1988, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 22 September 1987.  For the Council  The President  L. TOERNAES  (1) OJ No C 55, 3. 3. 1987, p. 10.  (2) OJ No C 156, 15. 6. 1987, p. 183.  (3) OJ No C 68, 16. 3. 1987, p. 2.  (4) OJ No L 47, 21. 2. 1980, p. 4.  (5) OJ No L 362, 31. 12. 1985, p. 8.


Avis juridique important

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31980L1271

Council Directive 80/1271/EEC of 22 December 1980 providing for the adaptation, consequent upon the accession of the Hellenic Republic to the European Communities, of Council Directive 73/173/EEC on the approximation of Member States' laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations (solvents)

Official Journal L 375 , 31/12/1980 P. 0070 - 0072 Finnish special edition: Chapter 13 Volume 11 P. 0082  Greek special edition: Chapter 13 Volume 10 P. 0139  Swedish special edition: Chapter 13 Volume 11 P. 0082  Spanish special edition: Chapter 13 Volume 11 P. 0156  Portuguese special edition Chapter 13 Volume 11 P. 0156

COUNCIL DIRECTIVE  of 22 December 1980  providing for the adaptation, consequent upon the accession of the Hellenic Republic to the European Communities, of Council Directive 73/173/EEC on the approximation of Member States' laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations (solvents)  (80/1271/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the 1979 Act of Accession, and in particular Articles 22 and 146 thereof,  Whereas the Annex to Council Directive 73/173/EEC of 4 June 1973 on the approximation of Member States' laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations (solvents) (1), as amended by Directive 80/781/EEC (2), should be supplemented by the addition of the Greek versions of the designations of the dangerous substances concerned (solvents),  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Greek designations in the Annex to this Directive shall be added to the Annex to Directive 73/173/EEC.   Article 2 Member States shall adopt and publish before 1 January 1981 the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  They shall apply such provisions with effect from 1 January 1981.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 22 December 1980.  For the Council  The President  J. SANTER  (1)OJ No L 189, 11.7.1973, p. 7. (2)OJ No L 229, 30.8.1980, p. 57.     ANNEX Classification of dangerous substances (solvents)   CLASS I/A  Toxic substances  (Symbol : "skull and crossbones")  Substance >PIC FILE= "T0013940">   CLASS I/B  Toxic substance  (Symbol : "skull and crossbones")  Substance >PIC FILE= "T0013941">   CLASS I/C  Toxic substance  (Symbol : "skull and crossbones")  Substance >PIC FILE= "T0013942">   CLASS II/A  Harmful substances  (Symbol : "St Andrew's Cross")  Substance >PIC FILE= "T0013943">    CLASS II/B  Harmful substances  (Symbol : "St Andrew's Cross")  Substance >PIC FILE= "T0013944">   CLASS II/C  Harmful substances  (Symbol : "St Andrew's Cross")  Substance >PIC FILE= "T0013945">   CLASS II/D  Harmful substances  (Symbol : "St Andrew's Cross")  Substances >PIC FILE= "T0013946">


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32003L0075

Commission Directive 2003/75/EC of 29 July 2003 amending Annex I to Council Directive 98/18/EC on safety rules and standards for passenger ships (Text with EEA relevance)

Official Journal L 190 , 30/07/2003 P. 0006 - 0009

Commission Directive 2003/75/ECof 29 July 2003amending Annex I to Council Directive 98/18/EC on safety rules and standards for passenger ships(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships(1), and in particular Article 8(b) thereof,Whereas:(1) Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships applies to new and existing ships on domestic service according to the requirements of Annex I.(2) Chapter III, section 5-1 of Annex I to Directive 98/18/EC required modification to life-rafts, fast rescue boats, means of rescue and life jackets on existing ro-ro ships not later than the date of the first periodical survey after 1 July 2000.(3) Commission Directive 2002/25/EC of 5 March 2002 amending Council Directive 98/18/EC on safety rules and standards for passenger ships(2) required further modification of the same equipment by 1 January 2003.(4) The corresponding SOLAS requirement allows for modifications of existing ships to take place at the time of major repairs, alterations or replacement of life-saving equipment.(5) Directive 98/18/EC should therefore be amended to allow a reasonable deadline for applying these specific new requirements to existing ro-ro ships.(6) The measures provided for in this Directive are in accordance with the opinion of the Committee on Safe Seas, set up pursuant to Regulation (EC) No 2099/2002(3),HAS ADOPTED THIS DIRECTIVE:Article 1Chapter III, section 5-1 of Annex I to Directive 98/18/EC is replaced by the text in the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within six months after its date of entry into force at the latest. They shall forthwith notify the Commission thereof.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 provisions of national law, which they adopt in the field covered by this Directive.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 29 July 2003.For the CommissionLoyola De PalacioVice-president(1) OJ L 144, 15.5.1998, p. 1.(2) OJ L 98, 15.4.2002, p. 1.(3) OJ L 324, 29.11.2002, p. 1.ANNEX5-1 Requirements for ro-ro passenger ships (26)CLASS B, C AND D RO-RO SHIPS CONSTRUCTED BEFORE 1 JANUARY 2003:.1 Ro-ro passenger ships constructed before 1 January 2003, shall comply with the requirements of paragraphs.6.2,.6.3,.6.4,.7,.8 and.9 not later than the date of the first periodical survey after 1 January 2006.Prior to this date, paragraphs.2,.3,.4 and.5 shall apply for ro-ro ships constructed before 1 January 2003.Notwithstanding the above, when life-saving appliances or arrangements on such ships are replaced or such ships undergo repairs, alterations or modifications of a major character which involve replacement of, or any addition to, their existing life saving appliances or arrangements, such life-saving appliances or arrangements shall comply with the relevant requirements of paragraphs.6,.7,.8 and.9..2 Life-rafts.1 The ro-ro passenger ship's life-rafts shall be served by marine evacuation systems complying with SOLAS Regulation III/48.5, as in force on 17 March 1998, or launching appliances complying with SOLAS Regulation III/48.6, as in force on 17 March 1998, equally distributed on each side of the ship.Communication between the embarkation station and the platform shall be ensured..2 Every life-raft on ro-ro passenger ships shall be provided with float-free stowage arrangements complying with the requirements of SOLAS Regulation III/23, as in force on 17 March 1998..3 Every life-raft on ro-ro passenger ships shall be of a type fitted with a boarding ramp complying with the requirements of SOLAS Regulation III/39.4.1 or SOLAS Regulation III/40.4.1, as in force on 17 March 1998, as appropriate..4 Every life-raft on ro-ro passenger ships shall either be automatically self-righting or be a canopied reversible life-raft which is stable in a seaway and is capable of operating safely whichever way up it is floating. Open reversible life-rafts may be permitted if the administration of the flag State considers this appropriate in view of the sheltered nature of the voyage and the favourable climatic conditions of the area and period of operation, and provided that such life-rafts entirely comply with the requirements of Annex 10 to the High Speed Craft Code.Alternatively, the ship shall carry automatically self-righting life-rafts or canopied reversible life-rafts in addition to its normal complement of life-rafts, of such aggregate capacity as will accommodate at least 50 % of the persons not accommodated in lifeboats. This additional life-raft capacity shall be determined on the basis of the difference between the total number of persons on board and the number of persons accommodated in lifeboats. Every such life-raft shall be approved by the administration of the flag State having regard to the recommendations adopted by the IMO with MSC/Circ. 809..3 Fast rescue boats.1 At least one of the rescue boats on a ro-ro passenger ship shall be a fast rescue boat approved by the administration of the flag State having regard to the recommendations adopted by the IMO by MSC/Circ. 809..2 Each fast rescue boat shall be served by a suitable launching appliance approved by the administration of the flag State. When approving such appliances, the administration of the flag State shall take into account that the fast rescue boat is intended to be launched and retrieved even under severe adverse weather conditions, and also have regard to the recommendations adopted by the IMO..3 At least two crews of each fast rescue boat shall be trained and drilled regularly having regard to section A-VI/2, table A-VI/2-2 "Specification of the minimum standard of competence in fast rescue boats" of the Seafarers Training, Certification and Watchkeeping (STCW) Code and the recommendations adopted by the IMO by Resolution A.771(18), as amended. The training and drills shall include all aspects of rescue, handling, manoeuvring, operating these craft in various conditions, and righting them after capsize..4 In the case where the arrangement or size of an existing ro-ro passenger ship is such as to prevent the installation of the fast rescue boat required by paragraph.3.1, the fast rescue boat may be installed in place of an existing lifeboat which is accepted as a rescue boat or boat for use in an emergency, provided that all of the following conditions are met:.1 the fast rescue boat installed is served by a launching appliance complying with the provisions of paragraph.3.2;.2 the capacity of the survival craft lost by the above substitution is compensated by the installation of life-rafts capable of carrying at least an equal number of persons served by the lifeboat replaced; and.3 such life-rafts are served by the existing launching appliances or marine evacuation systems..4 Means of rescue.1 Each ro-ro passenger ship shall be equipped with efficient means for rapidly recovering survivors from the water and transferring survivors from rescue units or survival craft to the ship..2 The means of transfer of survivors to the ship may be part of a marine evacuation system, or may be part of a system designed for rescue purposes.These means shall be approved by the flag State having regard to the recommendations adopted by IMO with MSC/Circ. 810..3 If the slide of a marine evacuation system in intended to provide the means of transfer of survivors to the deck of the ship, the slide shall be equipped with handlines or ladders to aid in climbing up the slide..5 Life jackets.1 Notwithstanding the requirements of SOLAS Regulations III/7.2 and III/22.2, a sufficient number of life jackets shall be stowed in the vicinity of the assembly stations so that passengers do not have to return to their cabins to collect their life jackets..2 In ro-ro passenger ships, each life jacket shall be fitted with a light complying with the requirements of SOLAS Regulation III/32.2, as in force on 17 March 1998.CLASS B, C AND D RO-RO SHIPS CONSTRUCTED AFTER 1 JANUARY 2003.6 Life-rafts.1 The ro-ro passenger ship's life-rafts shall be served by marine evacuation systems complying with section 6.2 of the LSA Code or launching appliances complying with paragraph 6.1.5 of the LSA Code equally distributed on each side of the ship.Communication between the embarkation station and the platform shall be ensured..2 Every life-raft on ro-ro passenger ships shall be provided with float-free stowage arrangements complying with the requirements of SOLAS Regulation III/13.4.3 Every life-raft on ro-ro passenger ships shall be of a type fitted with a boarding ramp complying with the requirements of paragraph 4.2.4.1 or 4.3.4.1 of the LSA Code as appropriate..4 Every life-raft on ro-ro passenger ships shall either be automatically self-righting or be a canopied reversible life-raft which is stable in a seaway and is capable of operating safely whichever way up it is floating. Open reversible life-rafts may be permitted if the administration of the flag State considers this appropriate in view of the sheltered nature of the voyage and the favourable climatic conditions of the area and period of operation, and provided that such life-rafts entirely comply with the requirements of Annex 10 to the High Speed Craft Code.Alternatively, the ship shall carry automatically self-righting life-rafts or canopied reversible life-rafts in addition to its normal complement of life-rafts, of such aggregate capacity as will accommodate at least 50 % of the persons not accommodated in lifeboats. This additional life-raft capacity shall be determined on the basis of the difference between the total number of persons on board and the number of persons accommodated in lifeboats. Every such life-raft shall be approved by the administration of the flag State having regard to the recommendations adopted by the IMO, with MSC/Circ. 809..7 Fast rescue boats.1 At least one of the rescue boats on a ro-ro passenger ship shall be a fast rescue boat approved by the administration of the flag State having regard to the recommendations adopted by the IMO, with MSC Circ. 809..2 Each fast rescue boat shall be served by a suitable launching appliance approved by the administration of the flag State. When approving such appliances, the administration of the flag State shall take into account that the fast rescue boat is intended to be launched and retrieved even under severe adverse weather conditions, and also have regard to the recommendations adopted by the IMO..3 At least two crews of each fast rescue boat shall be trained and drilled regularly having regard to section A-VI/2, table A-VI/2-2 "Specification of the minimum standard of competence in fast rescue boats" of the Seafarers Training, Certification and Watchkeeping (STCW) Code and the recommendations adopted by the IMO by Resolution A.771(18), as amended. The training and drills shall include all aspects of rescue, handling, manoeuvring, operating these craft in various conditions, and righting them after capsize..4 In the case where the arrangement or size of an existing ro-ro passenger ship is such as to prevent the installation of the fast rescue boat required by paragraph.3.1, the fast rescue boat may be installed in place of an existing lifeboat which is accepted as a rescue boat or boat for use in an emergency, provided that all of the following conditions are met:.1 the fast rescue boat installed is served by a launching appliance complying with the provisions of paragraph.3.2;.2 the capacity of the survival craft lost by the above substitution is compensated by the installation of life-rafts capable of carrying at least an equal number of persons served by the lifeboat replaced; and.3 such life-rafts are served by the existing launching appliances or marine evacuation systems..8 Means of rescue.1 Each ro-ro passenger ship shall be equipped with efficient means for rapidly recovering survivors from the water and transferring survivors from rescue units or survival craft to the ship..2 The means of transfer of survivors to the ship may be part of a marine evacuation system, or may be part of a system designed for rescue purposes.These means shall be approved by the flag State having regard to the recommendations adopted by IMO with MSC/Circ. 810..3 If the slide of a marine evacuation system in intended to provide the means of transfer of survivors to the deck of the ship, the slide shall be equipped with handlines or ladders to aid in climbing up the slide..9 Life jackets.1 Notwithstanding the requirements of SOLAS Regulations III/7.2 and III/22.2 a sufficient number of life jackets shall be stowed in the vicinity of the assembly stations so that passengers do not have to return to their cabins to collect their life jackets..2 In ro-ro passenger ships, each life jacket shall be fitted with a light complying with the requirements of paragraph 2.2.3 of the LSA Code.


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31982L0471

Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition

Official Journal L 213 , 21/07/1982 P. 0008 - 0014 Spanish special edition: Chapter 03 Volume 25 P. 0311  Portuguese special edition Chapter 03 Volume 25 P. 0311  Finnish special edition: Chapter 3 Volume 15 P. 0098  Swedish special edition: Chapter 3 Volume 15 P. 0098

COUNCIL DIRECTIVE of 30 June 1982 concerning certain products used in animal nutrition (82/471/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas livestock production occupies a very important place in the agriculture of the Community and satisfactory results depend to a large extent on the use of appropriate and good quality feedingstuffs;  Whereas the existence of rules concerning feedingstuffs is essential to an increase in agricultural productivity;  Whereas consumption of feed proteins is continually rising in the Community due to the ever increasing needs of livestock production;  Whereas this increasing demand has been accompanied in recent years by an appreciable decline in the supply on the world market of certain protein feedingstuffs;  Whereas this shortage has caused the feedingstuffs industry to carry out research into substitution products to assure the availability of supplies;  Whereas the provisions laid down in the Member States by law, regulation or administrative action concerning these products, in so far as they exist, differ as regards their basic principles ; whereas it follows that they directly affect the establishment and functioning of the common market and should therefore be harmonized;  Whereas these substitution products are produced by new technical processes and it is therefore desirable to regulate their marketing as feedingstuffs or constituents of feedingstuffs by prescribing, for each group concerned, which individual products shall be authorized and under what conditions of use;  Whereas it is necessary, before including a new product in one of the groups concerned, to ascertain that it has the required nutritional value ; whereas it must be established that these products, when used sensibly, have no detrimental effect on human or animal health or on the environment and do not harm the consumer by impairing the distinctive features of animal products;  Whereas, in order to ensure compliance with the fundamental principles laid down for the authorization, a dossier should be submitted officially by a Member State for products belonging to certain groups ; whereas, in order to facilitate the examination of the substances concerned, these dossiers should be prepared in accordance with the common guidelines to be set by the Council not later than the date of application of the Directive;  Whereas it is desirable, pending a Community decision, to allow Member States temporarily to maintain the national authorizations they have granted for products which do not at present appear in the Annex to the Directive or for specific products meeting in certain cases other conditions ; whereas, however, for products obtained from yeasts of the "Candida" variety and cultivated on n-alkanes a Community decision should be taken within two years of the notification of this Directive;  Whereas non-protein nitrogenous compounds, by reason of their indirect provision of protein, must be subject to the provisions of this Directive ; whereas it is consequently desirable to amend with regard to its Annexes Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (4), which temporarily regulates the use of products of this group;  (1) OJ No C 197, 18.8.1977, p. 3. (2) OJ No C 63, 13.3.1978, p. 53. (3) OJ No C 84, 8.4.1978, p. 4. (4) OJ No L 270, 14.12.1970, p. 1.   Whereas the nutritional value and safety of the products in question depend to a large extent on their compositional characteristics, conditions of use and processes of manufacture ; whereas it is therefore essential to provide in certain cases for labelling to protect the user against fraud and to facilitate the optimal use of the products available to him;  Whereas it is not appropriate to apply Community provisions to the products concerned, or to feedingstuffs containing these products, intended for export to third countries because in general these countries have their own regulations;  Whereas, in order to ensure that the requirements of this Directive are satisfied when these products, or feedingstuffs containing these products, are placed on the market, Member States must make provision for appropriate control arrangements;  Whereas products, or feedingstuffs containing such products, satisfying these requirements must be subject only to the marketing restrictions provided for in this Directive;  Whereas an appropriate Community procedure is essential to adapt the provisions of the Annex and the guidelines laid down for the submission of dossiers relating to certain products and, where necessary, to fix criteria of composition and purity as well as the physico-chemical and biological properties of these products in the light of the development of scientific and technical knowledge;  Whereas, with a view to providing all necessary guarantees, the Community procedure adopted should make provision in certain cases of amendment of the Annex for the compulsory consultation of the Scientific Committee for Animal Nutrition and the Scientific Committee for Food, set up by the Commission;  Whereas Member States should retain the power, if human or animal health is endangered, temporarily to suspend authorization of the use of a product or to amend any provisions relating thereto;  Whereas, in order that a Member State should not abuse that power, possible amendments to the Annex based on supporting documents should be decided by emergency Community procedure;  Whereas, in order to facilitate implementation of this Directive, a procedure should be applied which establishes close cooperation between Member States and the Commission within the Standing Committee for Feedingstuffs set up by Decision 70/372/EEC (1),  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive concerns products which act as direct or indirect protein sources, are manufactured by certain technical processes and are put into circulation within the Community as feedingstuffs or in feedingstuffs.  2. This Directive shall be without prejudice to Community provisions concerning:    (a) additives in feedingstuffs;       (b) the fixing of maximum levels for undesirable substances and products in feedingstuffs;       (c) the fixing of maximum levels for pesticide residues on and in products intended for human or animal nutrition;       (d) the marketing of straight and compound feedingstuffs;       (e) pathogenic micro-organisms in feedingstuffs.          Article 2 The definitions contained in Article 2 of Council Directive 70/524/EEC shall apply to this Directive.   Article 3 1. Member States shall prescribe that feedingstuffs belonging to one of the product groups listed in the Annex or containing such products may be marketed only if:    (a) the product in question appears in the Annex;       (b) any conditions laid down therein are fulfilled.  (1) OJ No L 170, 3.8.1970, p. 1.          2. Member States may, for experimental or scientific purposes, provide for derogations from the provisions of paragraph 1, provided that an adequate official inspection is carried out.   Article 4 1. Notwithstanding Article 3 (1), the Member States may, until such time as a decision has been taken in accordance with Article 6, maintain:    (a) authorizations granted within their territories before the date of application of this Directive concerning products not listed under the product groups indicated in the Annex with the exception of products obtained from yeasts of the "Candida" variety and cultivated on n-alkanes;       (b) authorizations granted within their territories before notification of this Directive concerning on the one hand products obtained from yeasts of the "Candida" variety and cultivated on n-alkanes and on the other hand products listed in the Annex, Section 1.2.1, meeting requirements different from those laid down therein.         2. Member States shall send to the other Member States and the Commission the list of products allowed on their territories in accordance with paragraph 1.   Article 5 1. Without prejudice to the labelling provisions applicable to straight and compound feedingstuffs, Member States shall prescribe that the products listed in the Annex may not be marketed as feedingstuffs or incorporated in feedingstuffs unless any particulars laid down in the Annex appear in the package or container or on a label attached thereto.  2. Member States shall prescribe that for material marketed in bulk the particulars referred to in paragraph 1 shall appear on an accompanying document.   Article 6 1. Amendments to be made to the Annex as a result of developments in scientific or technical knowledge shall be adopted in accordance with the procedure laid down in Article 13. In the case of the products referred to in Sections 1.1 and 1.2 of the Annex the Commission shall consult the Scientific Committee for Animal Nutrition and the Scientific Committee for Food.  However, in the case of products obtained from yeasts of the "Candida" variety and cultivated on n-alkanes, referred to in Article 4 (1), a decision shall be adopted, in accordance with the procedure set out in Article 13, within two years of notification of this Directive, after consulting the Scientific Committee for Animal Nutrition and the Scientific Committee for Food.  2. In amending the Annex, the following principles shall be observed:    A. A product shall not be included in the Annex unless:      (a) it has nutritional value for animals because it provides nitrogen or protein;           (b) when used sensibly it has no detrimental effect on human or animal health or on the environment and does not harm the consumer by impairing the distinctive features of animal products;           (c) it can be monitored in feedingstuffs.                  B. A product shall be deleted from the Annex if one of the conditions listed in A is not satisfied.         3. Criteria making it possible to define the products included in this Directive, particularly the criteria of composition and purity and the physico-chemical and biological properties, may be set in the light of scientific and technical knowledge and in accordance with the procedure laid down in Article 13.   Article 7 1. In order to ensure that the products referred to in Sections 1.1 and 1.2 of the Annex comply with the principles set out in Article 6 (2), the Member States shall ensure that a dossier, prepared in accordance with the provisions of paragraph 2 below, is sent officially to the Member States, to the Commission and, if it is requested that they be consulted, to the members of the Scientific Committees set up by the Commission.  2. On a proposal from the Commission, the Council shall adopt the guidelines to be observed in preparing the dossier referred to in paragraph 1 so that these guidelines can be applied on the date of application of this Directive at the latest.  The amendments to be made to the guidelines subsequently as a result of developments in scientific or technical knowledge shall be adopted in accordance with the procedure laid down in Article 13.   3. The Member States, the Commission and the other recipients of the dossier referred to in paragraph 1 shall ensure, if requested on good grounds by an applicant, that information whose disclosure could adversely affect industrial or commercial property rights is kept confidential.  Industrial and commercial secrecy shall not apply to:    - the names and composition of the product, and any information concerning the substrate and the micro-organism,       - the physico-chemical and biological properties of the product,       - the interpretation of the pharmacological, toxicological and ecotoxicological data,       - the analytical methods for monitoring the product in the feedingstuffs.          Article 8 1. If, on the basis of detailed grounds due to new data or a new evaluation of existing data that have become evident since the adoption of the provisions in question, a Member State finds that one of the products listed in the Annex or its use under any conditions that have been set represents a danger to human or animal health even though it complies with the provisions of this Directive, the Member States may temporarily suspend or restrict the application of those provisions in its territory. It shall immediately inform the other Member States and the Commission thereof, giving the reasons for its decision.  2. The Commission shall examine as soon as possible the reasons given by the Member State concerned and shall consult the Member States in the Standing Committee for Feedingstuffs and shall then give its opinion without delay and take appropriate action.  3. If the Commission considers that amendments to the Directive are necessary to alleviate the difficulties referred to in paragraph 1 and to ensure the protection of human or animal health, it shall initiate the procedure laid down in Article 14 so as to adopt such amendments ; in that case, the Member State which has adopted safeguard measures may retain them until the amendments come into force.   Article 9 With regard to marketing between Member States, the particulars referred to in Article 5 shall be given in at least one of the official languages of the country of destination.   Article 10 The Member States shall ensure that as far as the presence and labelling of the products listed in the Annex is concerned, feedingstuffs that comply with the provisions of this Directive are subject only to the marketing restrictions contained in this Directive.   Article 11 The Member States shall ensure that animal products are not subject to any marketing restriction as a result of the application of this Directive.   Article 12 The Member States shall take all measures necessary to ensure that the compliance of feedingstuffs with the requirements of this Directive is officially monitored, at least by sampling, during marketing.   Article 13 1. Where the procedure described in this Article is to be followed, matters shall be referred to the Standing Committee for Feedingstuffs (hereinafter called "the Committee"), by its chairman, either on his own initiative or at the request of the representative of a Member State.  2. The Commission representative shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit set by the chairman according to the urgency of the matter. It shall decide by a majority of 45 votes, the votes of the Member States being weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.  3.  (a) The Commission shall adopt the measures envisaged where they are in accordance with the Committee's opinion.   (b) Where the measures envisaged are not in accordance with the Committee's opinion, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal regarding the measures to be adopted. The Council shall act by a qualified majority.   (c) If the Council has not acted within three months of the date when the matter is referred to it, the proposed measures shall be adopted by the  Commission, except where the Council has decided against them by a simple majority.   Article 14 1. Where the procedure described in this Article is to be followed, matters shall be referred to the Committee by its chairman, either on his own initiative or at the request of the representative of a Member State.  2. The Commission representative shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within two days. It shall decide by a majority of 45 votes, the votes of the Member States being weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.  3.    (a) The Commission shall adopt the measures envisaged where they are in accordance with the Committee's opinion.       (b) Where the measures envisaged are not in accordance with the Committee's opinion, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal regarding the measures to be adopted. The Council shall act by a qualified majority.       (c) If the Council has not acted within 15 days of the date when the matter is referred to it, the proposed measures shall be adopted by the Commission, except where the Council has decided against them by a simple majority.          Article 15 All references to non-protein nitrogenous compounds in Annex I, part K and Annex II, part Db to Directive 70/524/EEC shall be deleted.   Article 16 This Directive shall not apply to feedingstuffs which, as proved at least by the relevant information, are intended for export to third countries.   Article 17 The Member States shall bring into force, two years after notification of this Directive, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.   Article 18 This Directive is addressed to the Member States.     Done at Luxembourg, 30 June 1982.  For the Council  The President  Ph. MAYSTADT    ANNEX >PIC FILE= "T0021855">   >PIC FILE= "T0021856">


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31988L0660

Council Directive 88/660/EEC of 19 December 1988 amending Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products

Official Journal L 382 , 31/12/1988 P. 0035 - 0035 Finnish special edition: Chapter 3 Volume 28 P. 0095  Swedish special edition: Chapter 3 Volume 28 P. 0095

COUNCIL DIRECTIVE   of 19 December 1988  amending Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products  (88/660/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),   Having regard to the opinion of the European Parliament (2),   Having regard to the opinion of the Economic and Social Committee (3),   Whereas Article 4 (1) of Directive 80/215/EEC (4), as last amended by Directive 87/491/EEC(5),defines the types of treatment likely to destroy the causal agents of livestock diseases in meat products with a view to permitting intra-Community trade in such products under certain conditions;   Whereas experience gained and advances in scientific knowledge and meat technology enable a new treatment providing the requisite guarantees to be used;  Whereas the inclusion of this treatment amongst the others already prescribed should facilitate free circulation in the Community which will increase the value of production while avoiding the risk of spreading disease;  Whereas a scientific opinion has been expressed which indicates that the weight limit of five kilograms hitherto applied to such meat products may quite safely be abandoned, provided all other existing safeguards are maintained and applied,  HAS ADOPTED THIS DIRECTIVE:     Article 1   Article 4 (1) (a) (ii), second indent, of Directive 80/215/EEC is hereby amended as follows:   1. the second indent is abolished;  2. in the first sub-indent of the former fourth indent, 'during which the temperature must be at least 70oC...' reads 'during which the centre temperature must be at least 70oC...'.  Article 2   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 April 1989. They shall forthwith inform the Commission thereof.  Article 3   This Directive is addressed to the Member States.    Done at Brussels, 19 December 1988.   For the Council  The President  Y. POTTAKIS     (1) OJ No C 273, 22. 10. 1988, p. 9.  (2) Opinion delivered on l6 December 1988 (not yet published in the Official Journal).  (3) Opinion delivered on 14 December 1988 (not yet published in the Official Journal).  (4) OJ No L 47, 21. 2. 1980, p. 4.  (5) OJ No L 279, 2. 10. 1987, p. 27.   COUNCIL DECISION of 21 December 1988 concerning the provisional application of the International Natural Rubber Agreement, 1987 (88/662/EEC)     THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 116 thereof,   Having regard to the proposal from the Commission,   Whereas the 1979 International Natural Rubber Agreement has expired;   Whereas, pursuant to Decision 88/107/EEC (1), the International Natural Rubber Agreement, 1987, hereinafter referred to as ´the 1987 Agreement', was signed by the Community and its Member States on 18 December 1987;   Whereas it is desirable to ensure that the 1987 Agreement enters into force on a provisional basis not later than 1 January 1989; whereas, to this end, it is necessary for the Community and its Member States, in accordance with their requisite internal  procedures and once these have been completed, to notify the Secretary-General of the United Nations Organization of their intention to apply the 1987 Agreement on a provisional basis,   HAS DECIDED AS FOLLOWS:     Article 1 Once they have completed the requisite internal procedures, the Community and its Member States shall notify the Secretary-General of the United Nations Organization of their intention to apply the International Natural Rubber Agreement, 1987,  on a provisional basis, in accordance with Articles 59 (1) and 60 (2).   Article 2 The president of the Council is hereby authorized to designate the person empowered to deposit the notification of provisional application of the 1987 Agreement on behalf of the Community.    Done at Brussels, 21 December 1988.  For the Council  The President  V. PAPANDREOU     (1) OJ No L 58, 3. 3. 1988, p. 18.


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31993L0065

Council Directive 93/65/EEC of 19 July 1993 on the definition and use of compatible technical specifications for the procurement of air-traffic- management equipment and systems

Official Journal L 187 , 29/07/1993 P. 0052 - 0056 Finnish special edition: Chapter 7 Volume 4 P. 0202  Swedish special edition: Chapter 7 Volume 4 P. 0202

COUNCIL DIRECTIVE 93/65/EEC of 19 July 1993 on the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systemsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas air transport in Europe is at present under considerable strain owing to air traffic congestion;  Whereas, so far, management systems have been developed and brought on stream in accordance with International Civil Aviation Organization (ICAO) provisions, which allow national or local interpretation;  Whereas defining and introducing Community standards is an effective approach to the management of general air traffic since the present situation, based on national or local systems, has resulted in the technical and operational incompatibilities which  now hinder the transfer of controlled flights between traffic-control bodies in different Member States;  Whereas the important work undertaken by the European Civil Aviation Conference (ECAC) and Eurocontrol in the field of air-traffic management and the relevant conclusions adopted by ECAC Ministers in April 1990 and March 1992 should be borne in mind;  Whereas functional integration should be effected to remedy traffic congestion and improve the flow of traffic in the short term;  Whereas the process of harmonization and integration would be facilitated if all Member States acceded to the International Convention relating to Cooperation for the Safety of Air Navigation;  Whereas, following resolution 89/C 189/02 (4), the process of all Member States' accession as Contracting Parties to the International Convention relating to Cooperation for the Safety of Air Navigation would be facilitated if those Member States which  are already Contracting Parties to that Convention would strive within Eurocontrol to adopt, where appropriate, measures aimed at facilitating such accession;  Whereas the technical specifications adopted by Eurocontrol comply with ICAO recommended standards and practices;  Whereas the Commission, assisted by a committee of representatives of the Member States, should be authorized, in accordance with the procedure laid down in Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of  implementing powers conferred on the Commission (5), to make certain Eurocontrol standards mandatory at Community level;  Whereas European standardization is a key factor in establishing a consistent level of safety in air-traffic management; whereas Eurocontrol and the European standardization bodies should cooperate with each other;  Whereas it should be specified that in accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (6) the Commission may, after consulting  Eurocontrol, give European standardization bodies mandates to draw up European standards to provide support for air-traffic-management systems;  Whereas in any case any item of equipment legally marketed in one Member State must be able to move freely within the territories of the other Member States;  Whereas the International Convention relating to Cooperation for the Safety of Air Navigation designates Eurocontrol as the appropriate instrument to take the necessary measures to solve the present problems in Europe;  Whereas safety is a key factor in air transport in the Community; whereas this Directive should take account of the existence of the Convention on International Civil Aviation, signed in Chicago on 7 December 1944, which provides for the implementation  of whatever measures are required to ensure the safe and orderly development of international civil aviation;  Whereas Council Directives 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts (7) and 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and  telecommunications sectors (8) apply to the air-traffic-management sector and the awarding entities must be specified;  Whereas in certain Member States the procurement of air-navigation equipment is not covered by the aforementioned Directives; whereas however, the Eurocontrol standards incorporated in the Community legal system must be complied with in all Member  States,  HAS ADOPTED THIS DIRECTIVE:  Article 1  This Directive shall apply to the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems, in particular:  - communications systems,  - surveillance systems,  - systems providing automated assistance to air-traffic control, and - navigation systems.  Article 2  For the purposes of this Directive:  (a) technical specification shall mean the technical requirements included, in particular, in the tender documents defining the characteristics of a piece of work, a material, a product or a supply, and making it possible to describe a piece of work, a  material, a product or a supply objectively in a manner such that it fulfils the use for which it is intended by the contracting entity. Such technical prescriptions may include quality, performance, safety and dimensions, as well as requirements  applicable to the material, product or supply as regards quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling;  (b) standard shall mean a technical specification approved by a recognized standardization body for repeated or continuous application, compliance with which is not in principle compulsory;  (c) Eurocontrol standard shall mean the mandatory elements of Eurocontrol specifications for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognized as essential for the  implementation of an integrated air trafic services (ATS) system (the mandatory elements shall form part of a Eurocontrol standard document).  Article 3  1. The Commission shall, in accordance with the procedure laid down in Article 6, identify and adopt the Eurocontrol standards and subsequent Eurocontrol amendments to those Eurocontrol standards, in particular those relating to the areas  listed in Annex I, that shall be made mandatory under Community law. The Commission shall publish the references of all technical specifications thus made mandatory in the Official Journal of the European Communities.  2. The ensure that Annex I, which lists Eurocontrol standards to be produced, is as complete as possible, the Commission, following the procedure laid down in Article 6 and in consultation with Eurocontrol, may, where approrpiate, amend Annex I in  accordance with amendments made by Eurocontrol,  3. The Italian Republic and the Kingdom of Spain may postpone the application of this Article for one year. If at the end of that period those Member States cannot apply the Eurocontrol standards the Council shall, in accordance with the Treaty, decide  on the appropriate action to be taken.  Article 4  In order to complement, where necessary, the process of implementing Eurocontrol standards the Commission may give standardization mandates to European standardization bodies in accordance with Directive 83/189/EEC and in consultation with  Eurocontrol.  Article 5  1. Without prejudice to Directives 77/62/EEC and 90/531/EEC the Member States shall take whatever steps are necessary to ensure that in the general documents or specifications relating to each contract the awarding civil entities defined in  Annex II refer to the specifications adopted in accordance with this Directive when purchasing air-navigation equipment.  2. To ensure that Annex II is as complete as possible, the Member States shall notify the Commission of any changes made to their lists. The Commission shall amend Annex II in accordance with the procedure laid down in Article 6.  Article 6  1. The Commission shall be assisted by a committee consisting of representatives of the Member States and chaired by a representative of the Commission.  2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The  opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the Member States' representatives within the committee  shall be weighted in the manner laid down in that Article. The chairman shall not vote.  3. The Commission shall adopt the measures envisaged if they are in accordance with the committee's opinion.  4. If the measures envisaged are not in accordance with the committee's opinion or if the committee delivers no opinion the Commission shall without delay submit to the Council a proposal concerning the measures to be taken. The Council shall act by a  qualified majority.  5. If the Council does not act within three months of the referral to it the Commission shall adopt the proposed measures unless the Council has decided against those measures by a simple majority.  Article 7  In exercising its powers the Commission shall regularly consult the relevant European representatives of air-navigation bodies, of air-space users and of professional bodies. It shall inform the committee provided for in Article 6 of the  outcome of those consultations.  Article 8  1. The Commission shall regularly submit reports to the European Parliament and to the Council on the operation of the arrangements provided for in this Directive, accompanied if necessary by proposals for the implementation of Articles 3 and  4.  2. Each year the Member States shall notify the Commission of any measures they have introduced to achieve the objectives set in this Directive.  Article 9  1. The Member States shall bring into force the provisions necessary for them to comply with this Directive within one year of its adoption. They shall forthwith inform the Commission thereof.  When then Member States adopt those provisions they shall include references to this Directive or shall accompany them with such references on their official publication. The Member States shall lay down the manner in which such references shall be  made.  2. The Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.  Article 10  This Directive is addressed to the Member States.  Done at Brussels, 19 July 1993.  For the Council The President W. CLAES (1) OJ No C 244, 23. 9. 1992, p. 16.  (2) Opinion delivered on 25 June 1993 (not yet published in the Official Journal).  (3) OJ No C 19, 25. 1. 1993, p. 39.  (4) OJ No C 189, 26. 7. 1989, p. 3.  (5) OJ No C 197, 18. 7. 1987, p. 33.  (6) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Commission Decision 92/400/EEC (OJ No L 221, 6. 8. 1992, p. 55).  (7) OJ No L 13, 15. 1. 1977, p. 1. Directive as last amended by Directive 92/50/EEC (OJ No L 209, 24. 7. 1992, p. 1).  (8) OJ No L 297, 29. 10. 1990, p. 1.    ANNEX I  EUROCONTROL STANDARDS REFERRED TO IN ARTICLE 3   INDICATIVE LIST  Communications systems Flight-plan-related-data exchange (message format) (1)() Radar-data exchange (Asterix message format) (**) Telephone systems for ATS (**) On-line data interchange (OLDI) (2)() Automated SSR-code-assignment systems (**) Navigation systems RNAV (**) Radar separation (3)() Short-term-conflict alert (STCA) (***) Surveillance systems Surveillance specifications (**) Shared use of radar facilities (***) (1)() Existing.  (2)() Drafted.  (3)() Drafting not started.    ANNEX II  AWARDING ENTITIES RESPONSIBLE FOR THE PURCHASING OF AIR-NAVIGATION EQUIPMENT  Eurocontrol rue de la Loi, 72 B-1040 Bruxelles Belgium Régie des Voies Aériennes CCN - Rue du Progrès 80 B-1210 Bruxelles Denmark Statens Luftfartsvaesen (Civil Aviation Administration) Postbox 744 DK-Copenhagen SV Germany DFS Deutsche Flugsicherung GMBH Kaiserleistr. 29-35 D-6050 Offenbach am Main Greece Ministry of Transport and Communications Civil Aviation Department Financial Administration and Procurement Directorate Purchasing Section Postal address Vasileos Georgiou 1 PO Box 73751 16.604-Elliniko GR-Athens Telephone (0030-1-) 89 47 71 21 Spain AENA (Aeropuertos Españoles y Navegación Aérea) Calle Santa Engracia, 120 E-Madrid France Le Directeur général de l'aviation civile 93 boulevard du Montparnasse F-75270 Paris Cedex 06 who delegates in particular to:  - Monsieur le chef du service technique de la navigation aérienne 246 rue Lecourbe F-75732 Paris Cedex 15 - Monsieur le directeur général des aéroports de Paris 291 boulevard Raspail F-75675 Paris Cedex 14 Ireland The Department of Tourism, Transport and Communications Air Navigation Services Office Corporate Services Division Scotch House Hawkins Street IRL-Dublin 2 Italy AAAVTAG Azienda Autonoma Assistenza al Volo per il Traffico Aereo Generale Via Salaria, 715 I-00138 Roma Luxembourg Ministère des Transports Direction de l'Aviation civile L-2938 Luxembourg The Netherlands Luchtverkeersbeveiliging Postbus 7601 NL-1118 ZJ Luchthaven Schiphol Portugal Empresa Pública de Aeroportos e Navegaçao Aérea (ANAep) Avenida Sidónio Pais, no 8-5o P-1000 Lisboa Acquisitions for small airports and aerodromes may be made by local authorities or by regional governments.  United Kingdom Civil Aviation Authority CAA House 45-59 Kingsway UK-London WC2B 6TE Highlands &  Islands Airports Ltd (HIAL) Inverness Airport UK-Inverness


title: Directive 2008/36/EC of the European Parliament and of the Council of 11 March 2008 amending Council Directive 92/49/EEC on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance, as regards the implementing powers conferred on the Commission

text:
               20.3.2008

               EN

               Official Journal of the European Union

               L 81/69

      DIRECTIVE 2008/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2008
   amending Council Directive 92/49/EEC on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance, as regards the implementing powers conferred on the Commission
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 47(2) and Article 55 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Directive 92/49/EEC (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

               (2)

               Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

               (3)

               In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

               (4)

               The Commission should be empowered to adopt the measures necessary for the implementation of Directives 73/239/EEC (6), 88/357/EEC (7) and 92/49/EEC in order to take account of technical developments in the insurance sector or on financial markets and to ensure uniform application of those Directives. More particularly, those measures are designed to extend the list of legal forms, amend the list of classes of insurance or adapt the terminology used in that list, clarify the items constituting the solvency margin, alter the minimum guarantee fund, amend the list of assets acceptable as cover for technical provisions and the rules on the spreading of investments, change the relaxations in the matching rules and clarify definitions. Since those measures are of general scope and are designed to amend non-essential elements of Directives 73/239/EEC, 88/357/EEC and 92/49/EEC, inter alia, by supplementing them with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (5)

               Directive 92/49/EEC should therefore be amended accordingly.

               (6)

               Since the amendments made to Directive 92/49/EEC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   In Article 51 of Directive 92/49/EEC, the introductory wording shall be replaced by the following:

      ‘The following technical adjustments designed to amend non-essential elements of Directives 73/239/EEC and 88/357/EEC and of this Directive, inter alia, by supplementing them, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 2 of Directive 91/675/EEC:’.

   Article 2
   Entry into force
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 3
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 161, 13.7.2007, p. 45.

      (2)  Opinion of the European Parliament of 10 July 2007 (not yet published in the Official Journal) and Council Decision of 3 March 2008.

      (3)  OJ L 228, 11.8.1992, p. 1. Directive as last amended by Directive 2007/44/EC of the European Parliament and of the Council (OJ L 247, 21.9.2007, p. 1).

      (4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (5)  OJ C 255, 21.10.2006, p. 1.

      (6)  First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ L 228, 16.8.1973, p. 3). Directive as last amended by Directive 2006/101/EC (OJ L 363, 20.12.2006, p. 238).

      (7)  Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life insurance and laying down provisions to facilitate the effective exercise of freedom to provide services (OJ L 172, 4.7.1988, p. 1). Directive as last amended by Directive 2005/14/EC of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 14).