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31973L0183

Council Directive 73/183/EEC of 28 June 1973 on the abolition of restrictions on freedom of establishment and freedom to provide services in respect of self- employed activities of banks and other financial institutions

Official Journal L 194 , 16/07/1973 P. 0001 - 0010 Finnish special edition: Chapter 6 Volume 1 P. 0138  Greek special edition: Chapter 06 Volume 1 P. 0147  Swedish special edition: Chapter 6 Volume 1 P. 0138  Spanish special edition: Chapter 06 Volume 1 P. 0135  Portuguese special edition Chapter 06 Volume 1 P. 0135

COUNCIL DIRECTIVE  of 28 June 1973  on the abolition of restrictions on freedom of establishment and freedom to provide services in respect of self-employed activities of banks and other financial institutions  (73/183/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (2) and (3), Article 61 (2) and Article 63 (2) and (3) thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment (1), and in particular Title IV A thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services (2), and in particular Title V C 2 (b) thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (3);  Having regard to the Opinion of the Economic and Social Committee (4);  Having regard to the Opinion of the Monetary Committee;  Whereas, as regards banks and other financial institutions, the General Programmes provide for the abolition, before the end of the second year of the second stage, of restrictions on freedom of establishment and freedom to provide services not linked with capital movements and the abolition, at the same rate as the liberalization of capital movements, of restrictions on banking services linked with such capital movements;  Whereas, as regards services linked with capital movements, a series of closely specified activities should be liberalized in an initial stage, having regard to the Opinion of the Monetary Committee ; whereas the list of such activities will be supplemented, particularly on the basis of progress in liberalizing capital movements;  Whereas the provider of a service may, in order to provide his service, temporarily pursue his activity in the country in which the service is supplied under the same conditions as those applied by that country to its own nationals;  Whereas the activities of brokers pose particular problems because of the rules governing the taking-up and pursuit of such activity in the various countries ; whereas the liberalization of this activity should be the subject of a future Directive;  (1)OJ No 2, 15.1.1962, p. 36/62. (2)OJ No 2, 15.1.1962, p. 32/62. (3)OJ No 201, 5.11.1966, p. 3472/66. (4)OJ No 224, 5.12.1966, p. 3799/66.   Whereas the activities of self-employed intermediaries in the sector of banks and other financial institutions is not covered by the Council Directive of 25 February 1964 relating to the achievement of freedom of establishment and the freedom to provide services in respect of the activities of intermediaries in commerce, industry and small craft industries (1) ; whereas such activities should therefore be included in this Directive;  Whereas, however, in the present state of the various bodies of legislation, the activities of intermediaries moving to another Member State in order to provide services there would pose problems difficult to resolve ; whereas there should therefore be a further Directive on the liberalization of the provision of services by such intermediaries;  Whereas, pending coordination, this Directive does not alter the provisions of the Member States laid down by law, regulation or administrative action which, applicable without condition as to nationality, forbid natural persons and companies or firms constituted in certain forms to pursue any one of the activities covered by this Directive;  Whereas the General Programme for the abolition of restrictions on freedom of establishment provides that restrictions on the right to join professional or trade organizations must be abolished where the professional activities of the person concerned necessarily involve the exercise of this right;  Whereas, although the provisions laid down by law, regulation or administrative action relating to the taking-up and pursuit of the activities covered by this Directive should be coordinated as soon as possible, restrictions can be abolished without prior or simultaneous reference to this coordination;  Whereas it should be guaranteed that there is joint examination of the problems which will face the authorities responsible in the Community and the Member States for implementing banking regulations, concerning supervision of the activities covered by this Directive and to this end close cooperation should be established between the Commission and the Member States and among the latter;  Whereas measures that a Member State might take in order to implement joint decisions taken in the framework of monetary cooperation between the Member States do not constitute restrictions within the meaning of this Directive;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall abolish, in respect of the natural persons and companies or firms covered by Title I of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (hereinafter called "beneficiaries"), the restrictions referred to in Title III of those General Programmes affecting the right to take up and pursue the activities specified in Article 2 of this Directive.  As regards the provision of services linked with capital movements, this Directive shall only apply to the services listed in Annex I excluding those provided by the managers and trustees of unit trusts.  The following services connected with securities and involving the transfer of the provider of the service to the country of the beneficiary shall not be liberalized:    - receipt of orders to buy or to sell,       - participation as intermediary in transfers outside the market and the recording of such transfers,       - information or advice given following a public offer,       - payment of coupons.          Article 2 This Directive shall apply to activities of self-employed persons falling within Group 620 of Annex I of the General Programme for the abolition of restrictions on freedom of establishment, as set out in Annex II to this Directive, except for the activity of brokers (Category 4 of Annex II).  This Directive shall not apply to the provision of services, in connection with banks and other financial institutions, by self-employed intermediaries who move to a Member State other than that in which they are established.   Article 3 1. Member States shall in particular abolish the following restrictions:  (1)OJ No 56, 4.4.1964, p. 869/64.     (a) those which prevent beneficiaries from establishing themselves or from providing services in the host country under the same conditions and with the same rights as nationals of that country;       (b) those existing by reason of administrative practices which result in treatment being applied to beneficiaries that is discriminatory by comparison with that applied to nationals.         2. The restrictions to be abolished shall include in particular those arising out of measures which prohibit or limit establishment or the provision of services by beneficiaries by the following means:    (a) in Belgium:      - the obligation imposed by Article 10 of arrêté royale No 185 of 9 July 1935 for foreign banks belonging to private individuals or constituted in the form of a partnership to operate in Belgium with a capital of at least 10 million francs required for Belgian banks of the same type is only 2 million francs,           - the reciprocity requirement referred to in Article 8 of the provisions for the control of private savings banks, coordinated by the Law of 23 June 1967, and in Article 8 of arrêté royale No 43 of 15 December 1934, as regards private savings banks and financing companies respectively, and in Articles 38 and 44 of arrêté royale No 225 of 7 January 1936 as regards mortgage undertakings;                  (b) in Denmark:      - necessity for a special authorization for foreign banks stipulated by Law No 122 of 15 April 1930, amended by Laws No 163 of 13 April 1938 and No 134 of 29 May 1956,           - the nationality requirement demanded of members of the board of directors and managers of banks and branches located in Denmark, by Article 8 (2) of the abovementioned Law,           - the nationality requirement demanded of members of the supervisory board, by Article 8 (3) of the abovementioned Law,           - the nationality requirement demanded of the supervisory board and managers of savings banks and branch savings banks by Article 7 (6) of Law No 159 of 18 May 1937, in conjunction with Law No 327 of 3 July 1950, which were amended by Article 18 of Law No 286 of 18 June 1951, and by Law No 343 of 23 December 1959;                  (c) in France:      - the obligation to hold a carte d'identité de commerçant pour les étrangers, imposed by the décret-loi of 12 November 1938 and the décret of 2 February 1939, as amended by the Law of 8 October 1940,           - the nationality requirement for persons who carry out banking operations, direct, administer or manage a company or firm or an agency for a company or firm which carries out these operations, who sign, on behalf of a bank, with power of attorney, the papers relating to the said operations, laid down by Article 7 of the Law of 13 June 1941, as amended by Article 49 of Law No 51-592 of 24 May 1951, and by Article 2 of the décret of 28 May 1946,           - the nationality requirement laid down for the undertakings referred to in Articles 1 and 2 of the Law of 14 June 1941 by Articles 7 and 11 of the same Law which, refer to the requirements laid down in banking matters,           - the nationality requirement laid down for auxiliaries of the banking professions, referred to in Article 13 of the Law of 14 June 1941, as amended by the ordonnance of 16 October 1958,           - the nationality requirement laid down for démarcheurs en valeurs mobilières by Article 8 of the Law No 72-6, 3 January 1972,           - the nationality requirement laid down for auxiliaries of the stock market professions referred to in Article 5 of Law No 72-1128 of 21 December 1972,           - the nationality requirement laid down by Article 11 of ordonnance No 45-2710 of 2 November 1945 for the Chairman of the Board of Directors, the Managing Director and at least two-thirds of the board of any investment company,           - the registration of foreign banks on a special list, referred to in Article 15 of the Law of 13 June 1941;                   (d) in Ireland:      - the requirement to be constituted in Ireland for any company which requests approval for access to banking activity and stipulated by the instructions of the Central Bank in the setting of the powers conferred upon it by Article 9 of Law No 24 of 28 July 1971, and published in the autumn 1972 number of the "Quarterly Bulletin" of the said Bank,           - the nationality requirement laid down for the majority of the members to the board of directors, stipulated by the same instructions as above,           - the nationality requirement and, for companies, the requirement that they be constituted in Ireland, imposed on those who intend to exercise a professional activity as a loan enterprise, by Article 6 (3) of Law No 36 of 2 October 1933,           - the obligation to be constituted in Ireland required of any company which intends to exercise the activity of manager and trustee of a unit trust, stipulated by Article 3 (1) (b) and (c) of Law No 23 of 18 July 1972;                  (e) in Italy:  - the reciprocity requirement, referred to in Article 2 of regio decreto No 1620 of 4 September 1919 concerning banks, and the discriminatory requirements regarding foreigners, which are imposed individually by ministerial decree when the said Article is implemented;       (f) in the Grand Duchy of Luxembourg:  - the limited duration of authorizations granted to foreigners, laid down in Article 21 of the Law of 2 June 1962;       (g) in the Netherlands:  - the nationality requirement for members of the "Vereniging voor den Effectenhandel te Amsterdam", the "Vereniging van Effectenhandelaren te Rotterdam" and the "Bond voor de Geld-" en Effectenhandel in de Provincie te "s-Gravenhage" laid down by their statutes, approved by the Ministerial authorities;       (h) in the United Kingdom:  - the obligation to be constituted in the United Kingdom imposed on any company which intends to exercise the activity of manager and trustee of a unit trust, stipulated by Article 17 (1) (a), of Title 45 of the Law of 23 July 1958, known as the "Prevention of Fraud (Investments) Act", and by Article 15 (1) (a), of Title 9 of the Law of 28 May 1940, known as the "Prevention of Fraud (Investments) Act (Northern Ireland)".              Article 4 1. Member States shall ensure that beneficiaries have the right to join professional or trade organizations under the same conditions and with the same rights and obligations as their own nationals.  2. The right to join professional or trade organizations shall, in the case of establishment, entail eligibility for election or appointment to high office in such organizations. However, such posts may be reserved for nationals where, in pursuance of any provision laid down by law or regulation, the organization concerned is involved in the exercise of official authority.  3. In the Grand Duchy of Luxembourg, membership of the Chambre de Commerce shall not give beneficiaries the right to take part in the election of the administrative organs of that Chamber.   Article 5 1. Where a Member State requires of its own nationals, who wish to pursue one of the activities referred to in Article 2, either an extract from the "judicial records" or the production of a specific document, it shall accept, in respect of nationals of other Member States, the production of the document required for the same purpose in the Member State of origin or the State from which the foreign national comes or, failing this, an equivalent document issued by a competent judicial or administrative authority in the State of origin or in the State from which the foreign national comes.  2. Where a Member State takes other information into account in respect of its own nationals, account may also be taken of facts other than those which may appear in the documents referred to in paragraph 1 if they can be substantiated and if they show that the person concerned does not fulfil all the requirements as to good repute necessary in order to pursue his activity.  Member States shall accord to certificates issued by the competent judicial or administrative authorities of the country of origin or country from which the foreign national comes and relating to the existence  or non-existence of certain facts the same recognition as they accord to certificates issued by their own authorities.  3. Where a Member State requires of its own nationals wishing to take up or pursue any activity referred to in Article 2 proof of no previous bankruptcy, that State shall accept, in respect of nationals of other Member States, the production of the certificate usually issued for this purpose by the authorities of the Member State of origin or country from which the foreign national comes.  4. Where the country of origin or the country from which the foreign national comes does not issue one of the documents referred to in paragraphs 1 and 3, such proof may be replaced by a declaration on oath - or, in States where there is no provision for declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority, or, where appropriate, a notary, in the country from which the person comes ; such authority or notary will issue a certificate attesting the authority of the declaration on oath or solemn declaration. A declaration in respect of no previous bankruptcy may also be made before a competent professional or trade body in the said country.  5. Documents issued in accordance with paragraphs 1, 2 and 3 may not be produced more than three months after their date of issue.  6. Member States shall, within the time limit laid down in Article 8, designate the authorities and bodies competent to issue these documents and shall forthwith inform the other Member States and the Commission thereof.   Article 6 Pending coordination of the provisions laid down by law, regulation or administrative action relating to legal protection of the title "bank", "banker", "savings bank" or ally other equivalent term, unestablished foreign undertakings may provide services under names including such words provided such names are their original ones and that such undertakings leave no doubt as to their status under the national law to which they are subject.  To this end, Member States may require prior registration on a special list of unestablished foreign providers of services. Such registration may be subject to production of a certificate issued by the authority of the country of origin specifying the status of the undertaking in question under the national legislation applicable.  For public information, the competent authority may publish the list and require foreign providers of services to inform their clients of their legal status and the chief characteristics of and facts about their activity and their financial position.   Article 7 The Commission and the representatives of the authorities responsible in the Member States for the supervision of banks and other financial institutions shall meet regularly so that they may facilitate, for the purpose of implementing the Directive, the solution of problems which the authorities might face regarding supervision of the activities covered by this Directive, and shall ensure all appropriate cooperation among themselves within the limits of their respective powers.   Article 8 Member States shall adopt the measures necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  However, as regards the abolition of the restriction referred to in Article 3 (2) (g), the Netherlands shall be allowed a period of four years as from the date of the said notification.   Article 9 This Directive is addressed to the Member States.     Done at Luxembourg, 28 June 1973.  For the Council  The President  W. DE CLERCQ     ANNEX I Banking services linked with the capital movements referred to in lists A and B in Annex I to the first Directive of 11 May 1960, as supplemented and amended by the second Directive of 18 December 1962 (1)  LIST A  Direct investments    - Commercial and financial information (soliciting custom, information on solvency of client, statistics, forwarding of accountancy data)       - Assistance and representation before the (administrative and judicial) authorities and other competent bodies       - Advice and assistance to undertakings with a view to their possible merger (seeking of foreign partners, expert advice etc.)       - Aid in large-scale share buying (particularly for take-over bids) in order to obtain a controlling interest in an undertaking (stock exchange formalities, capital financial assessment, ect.)       - Physical exchange of securities       - Custody of securities       - Delivery of securities allotted to the shareholders of a company.         Liquidation of direct investments    - Commercial and financial information (soliciting custom etc.)       - Assistance and representation before the (administrative and judicial) authorities and other competent bodies       - Advice and assistance to undertakings with a view to facilitating liquidation operations       - Aid in the large-scale sale of shares       - Physical exchange of securities       - Custody of securities.         Investments in real estate and liquidation thereof    - Commercial and financial information       - Assistance and representation before the (administrative and judicial) authorities and other competent bodies       - Advice and assistance concerning investments and the liquidation thereof       - Administration of estates (assistance and representation in connection with the upkeep of the property, letting, etc.)       - Assistance for the building-up and possible liquidation of sureties and guarantees of all kinds not issued by banks.  (1)The headings are defined in the explanatory notes annexed to the First Directive for the implementation of Article 67 These definitions have been adopted in this table. The services listed in this Annex are not liberalized if they relate to capital movements other than those in lists A and B.  The headings underlined correspond to those in lists A and B of the Directives on the capital movements in question.   Personal capital movements  - Estate management on the occasion of succession (payment of taxes, search for missing persons, etc.).  The granting and repayment of short-term and medium-term credits in respect of commercial transactions or provision of services in which a resident is participating    - Commercial and financial information (soliciting custom, etc.)       - Assistance and representation before the (administrative and judicial) authorities and other competent bodies       - Advice on the financial management of an undertaking       - Recovery of claims       - Collection of bills       - Domiciling of bills       - Management of documentary credits       - Assistance for the building-up and possible liquidation of sureties and guarantees of all kinds not issued by banks       - Blocking of cash, bonds or securities belonging to a client and guaranteeing his obligation towards a third party       - Canvassing on behalf of third parties       - Services in connection with factoring operations.         Sureties, other guarantees and rights of pledge and transfers connected with them  (sureties and guarantees issued by banks)  Death duties    - Tax information,       - Tax deposits.         Other capital transactions in list A  From a banking point of view these other transactions only involve transfers.  LIST B  Operations in securities dealt in on a stock exchange excluding units of unit trusts    - Receipt of orders to buy and sell       - Assistance in the issue of bearer certificates representing securities previously issued and dealt in on a stock exchange       - Servicing of securities (stamping, renewal of coupons, exchange, renewal, regrouping, splitting up, destruction)       - Financial services (payment of coupons, redemption of securities, aid in exercizing allotment and subscription rights, etc.)       - Financial information (current information, analyses, etc.)       - Advice on investments in stocks and shares dealt in on a stock exchange        - Management of a portfolio of securities dealt in on a stock exchange (1)       - Acceptance and implementation of powers of attorney for exercizing the rights of holders of securities dealt in on a stock exchange (particularly representation at shareholders'meetings and in court)       - Custody of securities       - Conversion of securities       - Assistance for entry on the official list of securities assigned to the holders of securities dealt in on a stock exchange       - Canvassing on behalf of third parties in connection with securities dealt in on a stock exchange       - Search for another party with a view to buying or selling securities dealt in on a stock exchange       - Acting as a clearing house.  (1)These services concern both private and corporate investors.           ANNEX II Regrouped headings of Isic Group 620 (1) referred to in Article 2   Banks and other financial institutions such as:  Category 1 : Banks  Banks  Merchant banks  Discounting banks  Category 2 : Savings and loan undertakings  Instalment sales finance undertakings  Retail sales finance undertakings  Commodity sales finance undertakings  Building and loan associations  Real estate credit agencies  Urban mortgage undertakings  Farm mortgage undertakings  Mortgage guarantee undertakings  Credit undertakings  Short-term-credit undertakings  Agricultural loan institutions  Commercial credit undertakings  Industrial credit undertakings  Personal credit undertakings  Development finance undertakings  Savings banks  Savings and loan banks  Discount and loan  Financial institutions  Rediscount undertakings  Finance companies  Financiers for their own account  Holding companies  Investment companies  Finance-raising holding companies. Financial trustees  Pawnbroking  Category 3 : Syndicates  Underwriting syndicates  Surety syndicates  Guarantee syndicates  Category 4 : Brokers  Stock-exchange brokers  Outside brokers  Stock jobbers  Brokers in transferable securities  (1)Indexes to the International Standard Industrial Classification of all Economic Activities (ISIC) - United Nations - Statistical Papers Series M, No 4, rev. 1 add.   Category 5 : Intermediaries or middlemen  Discount brokers operating on their own account  Bank brokers (courtiers en banque)  Financial intermediaries or middlemen  Category 6 : Miscellaneous  Foreign exchange offices  Stock exchanges  Precious metals markets  Financial consultancy (1)  Clearing houses  Trust companies (2)  (1)For the activities covered by this Directive. (2)Excluding the activities of companies covered by other Directives.


Avis juridique important

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31995L0010

Commission Directive 95/10/EC of 7 April 1995 fixing the method of calculating the energy value of dog and cat food intended for particular nutritional purposes

Official Journal L 091 , 22/04/1995 P. 0039 - 0040

COMMISSION DIRECTIVE 95/10/EC of 7 April 1995 fixing the method of calculating the energy value of dog and cat food intended for particular nutritional purposes (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs (1), as last amended by Directive 93/74/EEC (2), and in particular Article 10 (d) thereof,Whereas Article 5 (1) (d) of Council Directive 93/74/EEC on feedingstuffs intended for particular nutritional purposes provided for specific labelling declarations concerning animal feedingstuffs intended for particular nutritional purposes;Whereas, when Commission Directive 94/39/EC of 25 July 1994 establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes (3), amended by Directive 95/9/EC (4), was adopted, certain nutritional purposes, for which the energy value is an essential nutritional characteristic, could not be included because of the absence of a Community method for checking the energy value in pet foods;Whereas the methods for calculating energy value that are currently available are not entirely satisfactory, either at the control level or with regard to the accuracy of the data;Whereas, however, pending the availability of a satisfactory method, a provisional method should be adopted for a defined period to make possible the declaration of the energy value of feedingstuffs intended for certain particular nutritional purposes, to allow the use of those feedingstuffs for feeding animals in certain situations which necessitate the use of a diet specific to their condition;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1 Where the energy value of dog and cat food intended for particular nutritional purposes must be declared pursuant to Article 5 (1) (d) of Directive 93/74/EEC, Member States shall lay down that such value is to be calculated using the method described in the Annex to this Directive.Article 2 Member States shall provide that the method of calculating the energy value of dog and cat food intended for particular nutritional purposes set forth in the Annex shall be valid until 30 June 1998.Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive no later than 30 June 1995. They shall forthwith inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.2. Member States shall communicate to the Commission the text of the essential provisions under national law that they adopt in the sphere governed by this Directive.Article 4 This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 7 April 1995.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 86, 6. 4. 1979, p. 30.(2) OJ No L 237, 22. 9. 1993, p. 23.(3) OJ No L 207, 10. 8. 1994, p. 20.(4) See page 35 of this Official Journal.ANNEX METHOD OF CALCULATING THE ENERGY VALUE OF DOG AND CAT FOOD INTENDED FOR PARTICULAR NUTRITIONAL PURPOSES 1. Method of calculating and expressing energy value The energy value of dog and cat food intended for particular nutritional purposes must be calculated using the formula set out below, on the basis of the percentages of certain analytical constituents of the food; this value is expressed in megajoules (MJ) of metabolizable energy (ME) per kilogram of compound feedingstuff, thus:(a) dog and cat food with the exception of cat food with a moisture content exceeding 14 %:MJ/kg of ME = 0,1464 × % crude protein + 0,3556 × % crude oils and fats + 0,1464 × % nitrogen-free extract(b) cat food with a moisture content exceeding 14 %:MJ/kg of ME = (0,1632 × % crude protein + 0,3222 × % crude oils and fats + 0,1255 × % nitrogen-free extract) - 0,2092where the percentage of nitrogen-free extract is calculated by taking the difference between 100 and the percentage of moisture, crude ash, crude protein, crude oils and fats and crude fibre.2. Tolerances applicable to the declared values If the official inspection provided for in Article 12 of Directive 79/373/EEC reveals a discrepancy between the result of the inspection and the declared energy value (increased or reduced energy value of the feedingstuff), a tolerance of 15 % shall be applied.3. Expression of result After application of the above formula, the result obtained must be given to one decimal place.4. Sampling and analysis methods Sampling of the compound feed and determination of the content of the analytical constituents indicated in the method of calculation must be performed in accordance with, respectively, Community sampling methods and analysis methods for the official control of feedingstuffs.


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31978L0582

Commission Directive 78/582/EEC of 28 June 1978 amending Directive 77/16/EEC on the application of Article 31 of the Council Directive of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing as regards certain cereal products

Official Journal L 193 , 18/07/1978 P. 0032 - 0032

****( 1 ) OJ NO L 58 , 8 . 3 . 1969 , P . 1 .  ( 2 ) OJ NO L 24 , 30 . 1 . 1976 , P . 58 .  ( 3 ) OJ NO L 5 , 7 . 1 . 1977 , P . 13 .    COMMISSION DIRECTIVE   OF 28 JUNE 1978   AMENDING DIRECTIVE 77/16/EEC ON THE APPLICATION OF ARTICLE 31 OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING AS REGARDS CERTAIN CEREAL PRODUCTS  ( 78/582/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DIRECTIVE 69/73/EEC OF 4 MARCH 1969 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING ( 1 ), AS LAST AMENDED BY DIRECTIVE 76/119/EEC ( 2 ), AND IN PARTICULAR ARTICLE 31 ( 3 ) THEREOF ,   WHEREAS COMMISSION DIRECTIVE 77/16/EEC OF 16 DECEMBER 1976 ON THE APPLICATION OF ARTICLE 31 OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING AS REGARDS CERTAIN CEREAL PRODUCTS ( 3 ) REQUIRES MEMBER STATES TO COMMUNICATE MONTHLY TO THE COMMISSION STATISTICAL INFORMATION RELATING TO THE INWARD PROCESSING OF CERTAIN CEREAL PRODUCTS ;   WHEREAS DIRECTIVE 77/16/EEC APPLIES ONLY UNTIL 31 JULY 1978 ; WHEREAS , HOWEVER , THE MARKET CONDITIONS WHICH LED TO THE REQUIREMENT FOR MONTHLY COMMUNICATION OF THESE STATISTICS CONTINUE TO EXIST ;   WHEREAS , THEREFORE , THE VALIDITY OF THE SAID DIRECTIVE SHOULD BE EXTENDED FOR TWO YEARS ;   WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE FOR CUSTOMS PROCESSING ARRANGEMENTS ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   THE SECOND SENTENCE OF ARTICLE 3 OF DIRECTIVE 77/16/EEC IS AMENDED TO READ AS FOLLOWS :   ' IT SHALL APPLY UNTIL 31 JULY 1980 ' .   ARTICLE 2   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 28 JUNE 1978 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION


title: Council Directive 2006/79/EC of 5 October 2006 on the exemption from taxes of imports of small consignments of goods of a non-commercial character from third countries (codified version)

text:
               17.10.2006

               EN

               Official Journal of the European Union

               L 286/15

      COUNCIL DIRECTIVE 2006/79/EC
   of 5 October 2006
   on the exemption from taxes of imports of small consignments of goods of a non-commercial character from third countries
   (codified version)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 93 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Whereas:

               (1)

               Council Directive 78/1035/EEC of 19 December 1978 on the exemption from taxes of imports of small consignments of goods of a non-commercial character from third countries (3) has been substantially amended several times (4). In the interests of clarity and rationality, the said Directive should be codified.

               (2)

               Provision should be made for the exemption from turnover taxes and excise duties of imports of small consignments of goods of a non-commercial character from third countries.

               (3)

               To that end the limits within which such exemption is to be applied should, for practical reasons, be as far as possible the same as those laid down for the Community arrangements for exemption from customs duties in Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty (5).

               (4)

               It is necessary to set special limits for certain products because of the high level of taxation to which they are at present subject in the Member States.

               (5)

               This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   1.   Goods in small consignments of a non-commercial character sent from a third country by private persons to other private persons in a Member State shall be exempt on importation from turnover tax and excise duty.
   2.   For the purposes of paragraph 1, ‘small consignments of a non-commercial character’ shall mean consignments which:

               (a)

               are of an occasional nature;

               (b)

               contain only goods intended for the personal or family use of the consignees, the nature and quantity of which do not indicate that they are being imported for any commercial purpose;

               (c)

               contain goods with a total value not exceeding EUR 45;

               (d)

               are sent by the sender to the consignee without payment of any kind.

         Article 2
   1.   Article I shall apply to the goods listed below subject to the following quantitative limits:

               (a)

               tobacco products

                           (i)

                           50 cigarettes,
                           or

                           (ii)

                           25 cigarillos (cigars of a maximum weight of three grams each),
                           or

                           (iii)

                           10 cigars,
                           or

                           (iv)

                           50 grams of smoking tobacco;

               (b)

               alcohol and alcoholic beverages:

                           (i)

                           distilled beverages and spirits of an alcoholic strength exceeding 22 % vol.; undenatured ethyl alcohol of 80 % vol. and over: one standard bottle (up to 1 litre),
                           or

                           (ii)

                           distilled beverages and spirits, and aperitifs with a wine or alcohol base, tafia, saké or similar beverages of an alcoholic strength of 22 % vol. or less; sparkling wines, fortified wines: one standard bottle (up to 1 litre),
                           or

                           (iii)

                           still wines: two litres;

               (c)

               perfumes: 50 grams,
               or
               toilet waters: 0,25 litre or eight ounces;

               (d)

               coffee: 500 grams,
               or
               coffee extracts and essences: 200 grams;

               (e)

               tea: 100 grams,
               or
               tea extracts and essences: 40 grams.

         2.   Member States shall have the right to reduce the quantities of the products referred to in paragraph 1 eligible for exemption from turnover tax and excise duties, or to abolish exemption for such products altogether.
   Article 3
   Any goods listed in Article 2 which are contained in a small consignment of a non-commercial character in quantities exceeding those laid down in the said Article shall be excluded in their entirety from exemption.
   Article 4
   1.   The euro equivalent in national currency which shall apply for the implementation of this Directive shall be fixed once a year. The rates applicable shall be those obtaining on the first working day of October with effect from 1 January of the following year.
   2.   Member States may round off the amounts in national currency resulting from the conversion of the amounts in euros provided for in Article 1(2), provided such rounding-off does not exceed EUR 2.
   3.   Member States may maintain the amount of the exemption in force at the time of the annual adjustment provided for in paragraph 1 if, prior to the rounding-off provided for in paragraph 2, conversion of the amount of the exemption expressed in euros would result in a change of less than 5 % in the exemption expressed in national currency.
   Article 5
   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.
   Article 6
   Directive 78/1035/EEC shall be repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
   Article 7
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 8
   This Directive is addressed to the Member States.

      Done at Luxembourg, 5 October 2006.

            For the Council

            The President

         K. RAJAMÄKI

      (1)  Not yet published in the Official Journal.

      (2)  Not yet published in the Official Journal.

      (3)  OJ L 366, 28.12.1978, p. 34. Directive as last amended by the 1994 Act of Accession.

      (4)  See Annex I, Part A.

      (5)  OJ L 105, 23.4.1983, p. 1. Regulation as last amended by the 2003 Act of Accession.

      ANNEX I
      PART A
      Repealed Directive with its successive amendments

                  Council Directive 78/1035/EEC (1)

                  (OJ L 366, 28.12.1978, p. 34)

                  Council Directive 81/933/EEC
                  (OJ L 338, 25.11.1981, p. 24)

                  only Article 2

                  Council Directive 85/576/EEC
                  (OJ L 372, 31.12.1985, p. 30)

      PART B
      Time-limits for transposition into national law

         (referred to in Article 6)

                  Directive

                  Time-limit for transposition

                  78/1035/EEC

                  1 January 1979

                  81/933/EEC

                  31 December 1981

                  85/576/EEC

                  30 June 1986

         (1)  Directive 78/1035/EEC was also amended by the 1994 Act of Accession.

      ANNEX II
      CORRELATION TABLE

                  Directive 78/1035/EEC

                  This Directive

                  Article 1(1)

                  Article 1(1)

                  Article 1(2), first indent

                  Article 1(2)(a)

                  Article 1(2), second indent

                  Article 1(2)(b)

                  Article 1(2), third indent

                  Article 1(2)(c)

                  Article 1(2), fourth indent

                  Article 1(2)(d)

                  Article 2(1)(a), from ‘50 cigarettes’ to ‘50 grams of smoking tobacco’

                  Article 2(1)(a)(i) to (iv)

                  Article 2(1)(b)

                  Article 2(1)(b)

                  Article 2(1)(b), first indent

                  Article 2(1)(b)(i)

                  Article 2(1)(b), second indent

                  Article 2(1)(b)(ii)

                  Article 2(1)(b), third indent

                  Article 2(1)(b)(iii)

                  Article 2(1)(c), (d) and (e)

                  Article 2(1)(c), (d) and (e)

                  Article 2(2)

                  Article 2(2)

                  Article 2(3)

                  —

                  Article 3

                  Article 3

                  Article 4(1)

                  —

                  Article 4(2)

                  Article 4(1)

                  Article 4(3)

                  Article 4(2)

                  Article 4(4)

                  Article 4(3)

                  Article 5(1)

                  —

                  Article 5(2)

                  Article 5

                  —

                  Article 6

                  —

                  Article 7

                  Article 6

                  Article 8

                  —

                  Annex I

                  —

                  Annex II


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31983L0350

Council Directive 83/350/EEC of 13 June 1983 on the supervision of credit institutions on a consolidated basis

Official Journal L 193 , 18/07/1983 P. 0018 - 0020 Spanish special edition: Chapter 06 Volume 2 P. 0147  Portuguese special edition Chapter 06 Volume 2 P. 0147

+++++( 1 ) OJ NO C 40 , 11 . 2 . 1983 , P . 6 .  ( 2 ) OJ NO C 13 , 17 . 1 . 1983 , P . 237 .  ( 3 ) OJ NO C 178 , 15 . 7 . 1982 , P . 15 .  ( 4 ) OJ NO L 322 , 17 . 12 . 1977 , P . 30 .  COUNCIL DIRECTIVE OF 13 JUNE 1983 ON THE SUPERVISION OF CREDIT INSTITUTIONS ON A CONSOLIDATED BASIS ( 83/350/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 57 ( 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 FIRST COUNCIL DIRECTIVE 77/780/EEC OF 12 DECEMBER 1977 ON THE COORDINATION OF LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE TAKING UP AND PURSUIT OF THE BUSINESS OF CREDIT INSTITUTIONS ( 4 ) STATES THAT , IN ORDER TO MAKE IT EASIER TO TAKE UP AND PURSUE SUCH BUSINESS , IT IS NECESSARY TO ELIMINATE THE MOST OBSTRUCTIVE DIFFERENCES BETWEEN THE LAWS OF THE MEMBER STATES AS REGARDS THE RULES TO WHICH THESE INSTITUTIONS ARE SUBJECT ;  WHEREAS THE EVENTUAL AIM IS TO PROVIDE FOR OVERALL SUPERVISION OF A CREDIT INSTITUTION OPERATING IN SEVERAL MEMBER STATES BY THE COMPETENT AUTHORITIES IN THE MEMBER STATE WHERE IT HAS ITS HEAD OFFICE , IN CONSULTATION , WHERE APPROPRIATE , WITH THE COMPETENT AUTHORITIES OF THE OTHER MEMBER STATES CONCERNED , SO THAT DISTORTION OF COMPETITION BETWEEN SUCH CREDIT INSTITUTIONS AND THE DOMESTIC CREDIT INSTITUTIONS OF THEIR HOST COUNTRIES IS AVOIDED ; WHEREAS , TO THAT END , CONTROLS AND SUPERVISORY PRACTICES APPLICABLE TO CREDIT INSTITUTIONS OPERATING WITHIN THE COMMUNITY MUST BE BROADLY SIMILAR FROM ONE MEMBER STATE TO ANOTHER ;  WHEREAS THIS OBJECTIVE CAN ONLY BE ATTAINED BY STAGES ; WHEREAS ESTABLISHMENT OF THE PRINCIPLE OF SUPERVISION ON A CONSOLIDATED BASIS IS ONE SUCH STAGE ;  WHEREAS , HOWEVER , THIS DIRECTIVE WILL NOT PRECLUDE SUPERVISION OF INDIVIDUAL CREDIT INSTITUTIONS BY THE COMPETENT AUTHORITIES OF THE HOST MEMBER STATE ;  WHEREAS SUPERVISION ON A CONSOLIDATED BASIS SHOULD ENABLE THE AUTHORITIES SUPERVISING A PARENT CREDIT INSTITUTION TO MAKE A MORE SOUNDLY BASED JUDGMENT ABOUT THE FINANCIAL SITUATION OF THAT CREDIT INSTITUTION ;  WHEREAS THIS DIRECTIVE IS CONCERNED SOLELY WITH CASES WHERE ONE CREDIT OR FINANCIAL INSTITUTION IS OWNED WHOLLY OR IN PART BY ANOTHER CREDIT INSTITUTION ;  WHEREAS THE PRINCIPLE OF SUPERVISION ON A CONSOLIDATED BASIS IS BROADLY ACCEPTED ; WHEREAS MEMBER STATES WILL THEREFORE SEEK TO CONCLUDE BILATERAL AGREEMENTS WITH NON-MEMBER COUNTRIES DESIGNED TO ENSURE THAT CREDIT INSTITUTIONS IN SUCH COUNTRIES WITH PARTICIPATIONS IN THE COMMUNITY ARE SUBJECT TO EQUIVALENT SUPERVISION AND THAT CREDIT INSTITUTIONS FROM THE COMMUNITY WITH HOLDINGS IN NON-MEMBER COUNTRIES ARE ABLE TO APPLY THE PRINCIPLES LAID DOWN IN THIS DIRECTIVE ;  WHEREAS , PENDING COORDINATION OF CONSOLIDATED ACCOUNTS AND PRUDENTIAL RETURNS , IT IS NOT POSSIBLE TO IMPLEMENT CONSOLIDATED SUPERVISION ON A CONSISTENT BASIS IN ALL MEMBER STATES ; WHEREAS THIS DIRECTIVE REPRESENTS A FIRST STAGE DESIGNED TO ESTABLISH THE PRINCIPLE OF SUPERVISION ON A CONSOLIDATED BASIS AND TO ELIMINATE THE OBSTACLES WHICH HAVE HITHERTO PREVENTED MEMBER STATES FROM APPLYING THE PRINCIPLE ON A UNILATERAL BASIS FOR TRANSACTIONS THROUGHOUT THE COMMUNITY ;  WHEREAS , PENDING FURTHER COORDINATION , THE PROCESS OF CONSOLIDATION WILL BE UNDERTAKEN BY MEMBER STATES ACCORDING TO THEIR NATIONAL PROCEDURES ;  WHEREAS THIS DIRECTIVE IS WITHOUT PREJUDICE TO THE POSSIBILITY OF A MEMBER STATE INTRODUCING A MORE STRINGENT SYSTEM OF SUPERVISION FOR CREDIT INSTITUTIONS , IN PARTICULAR ONE MAKING CONSOLIDATION COMPULSORY IN OTHER CASES ;  WHEREAS , ALTHOUGH FINANCIAL INSTITUTIONS AS DEFINED HEREINAFTER ARE NOT COVERED BY EITHER DIRECTIVE 77/780/EEC OR THIS DIRECTIVE , THEIR INCLUSION IN THE CONSOLIDATION PROCEDURE IS NECESSARY IN ORDER TO ENSURE COMPLETE CONSOLIDATION OF ALL THE CREDIT ACTIVITIES WITHIN A GROUP ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  DEFINITIONS  FOR THE PURPOSES OF THIS DIRECTIVE :  - " CREDIT INSTITUTION " MEANS , IN ACCORDANCE WITH THE FIRST INDENT OF ARTICLE 1 OF DIRECTIVE 77/780/EEC , AN UNDERTAKING WHOSE BUSINESS IS TO RECEIVE DEPOSITS OR OTHER REPAYABLE FUNDS FROM THE PUBLIC AND TO GRANT CREDITS FOR ITS OWN ACCOUNT ,  - " FINANCIAL INSTITUTION " MEANS AN UNDERTAKING , NOT BEING A CREDIT INSTITUTION , WHOSE PRINCIPAL ACTIVITY IS TO GRANT CREDIT FACILITIES ( INCLUDING GUARANTEES ) , TO ACQUIRE PARTICIPATIONS OR TO MAKE INVESTMENTS ,  - " PARTICIPATION " MEANS THE OWNERSHIP BY A CREDIT INSTITUTION , DIRECTLY OR INDIRECTLY , OF 25 % OR MORE OF THE CAPITAL OF ANOTHER CREDIT OR FINANCIAL INSTITUTION ,  - " SUPERVISION " , PENDING SUBSEQUENT COORDINATION , MEANS THE TECHNIQUES , IN WHATEVER FORM AND HOWEVER IMPLEMENTED , EMPLOYED BY THE COMPETENT AUTHORITIES IN EACH MEMBER STATE IN ORDER TO MONITOR PRUDENTIAL ASPECTS OF A CREDIT INSTITUTION'S BUSINESS ,  - " COMPETENT AUTHORITIES " MEANS THE NATIONAL AUTHORITIES WHICH ARE EMPOWERED BY LAW OR REGULATION TO SUPERVISE CREDIT INSTITUTIONS .  ARTICLE 2  SCOPE  1 . SUBJECT TO ARTICLE 3 ( 2 ) , THIS DIRECTIVE SHALL APPLY TO ALL CREDIT INSTITUTIONS .  2 . THE INSTITUTIONS EXEMPTED FROM THE PROVISIONS OF DIRECTIVE 77/780/EEC AND LISTED IN ARTICLE 2 THEREOF SHALL BE EXEMPTED FROM THIS DIRECTIVE .  3 . MEMBER STATES MAY DEFER THE APPLICATION OF THIS DIRECTIVE TO CERTAIN INSTITUTIONS FOR A MAXIMUM PERIOD OF FIVE YEARS FROM THE DATE OF ITS NOTIFICATION . SUCH DEFERMENT SHALL BE GOVERNED BY ARTICLE 2 ( 5 ) AND BY THE SECOND SUBPARAGRAPH OF ARTICLE 2 ( 6 ) OF DIRECTIVE 77/780/EEC .  ARTICLE 3  GENERAL PRINCIPLES  1 . ANY CREDIT INSTITUTION WHICH HAS A PARTICIPATION IN ANOTHER CREDIT OR FINANCIAL INSTITUTION SHALL BE SUBJECT , TO THE EXTENT AND IN THE MANNER REQUIRED BY ARTICLE 4 , TO SUPERVISION ON THE BASIS OF THE CONSOLIDATION OF ITS FINANCIAL SITUATION WITH THAT OF THE INSTITUTION IN WHICH IT HAS SUCH PARTICIPATION .  2 . HOWEVER , MEMBER STATES OR THE COMPETENT AUTHORITIES MAY FORGO SUPERVISION ON A CONSOLIDATED BASIS :  - IF AT LEAST 75 % OF THE ACTIVITIES OF THE CREDIT INSTITUTION WHICH HAS THE PARTICIPATION ARE ALREADY CONSOLIDATED WITH THOSE OF ANOTHER CREDIT INSTITUTION WHICH IS ITSELF SUBJECT TO SUPERVISION ON A CONSOLIDATED BASIS BY THE COMPETENT AUTHORITIES OF ONE OF THE MEMBER STATES AND THE CREDIT INSTITUTION IN WHICH IT HAS THE PARTICIPATION IS INCLUDED IN THIS SUPERVISION ON A CONSOLIDATED BASIS , OR  - IF THE CREDIT INSTITUTION OR FINANCIAL INSTITUTION IN WHICH THERE IS A PARTICIPATION IS SITUATED IN A NON-MEMBER COUNTRY WHERE THERE ARE LEGAL IMPEDIMENTS TO THE TRANSFER OF THE NECESSARY INFORMATION , OR  - IF THE TOTAL BALANCE SHEET OF THE CREDIT OR FINANCIAL INSTITUTION IN WHICH THERE IS A PARTICIPATION REPRESENTS LESS THAN THE LESSER OF THE FOLLOWING TWO AMOUNTS : 2 % OF THE TOTAL BALANCE SHEET OF THE CREDIT INSTITUTION WHICH HAS THE PARTICIPATION OR 10 MILLION ECU , OR  - IF THE NATURE OF THE BUSINESS OF THE CREDIT INSTITUTION OR FINANCIAL INSTITUTION IN WHICH THERE IS A PARTICIPATION IS SUCH THAT , IN THE OPINION OF THE MEMBER STATE CONCERNED OR THE COMPETENT AUTHORITIES FOR THE CREDIT INSTITUTION WHICH HAS THE PARTICIPATION , CONSOLIDATION OF ITS FINANCIAL SITUATION WOULD BE INAPPROPRIATE OR MISLEADING .  3 . SUPERVISION ON A CONSOLIDATED BASIS SHALL BE EXERCISED BY THE COMPETENT AUTHORITIES OF THE COUNTRY IN WHICH THE CREDIT INSTITUTION WHICH HAS THE PARTICIPATION HAS ITS HEAD OFFICE AND , PENDING SUBSEQUENT COORDINATION , AND EXCEPT AS OTHERWISE PROVIDED IN THIS DIRECTIVE , SUPERVISION SHALL BE CARRIED OUT ACCORDING TO THE NATIONAL PROCEDURE APPLICABLE IN THAT COUNTRY .  4 . SUCH SUPERVISION SHALL TAKE PLACE AT LEAST ONCE A YEAR AND SHALL BE WITHOUT PREJUDICE TO SUPERVISION ON AN UNCONSOLIDATED BASIS OR TO SUPERVISION CARRIED OUT BY THE COMPETENT AUTHORITIES OF OTHER MEMBER STATES .  ARTICLE 4  FORM AND EXTENT OF CONSOLIDATION  1 . WHERE A CREDIT INSTITUTION HAS A PARTICIPATION OF MORE THAN 50 % IN ANOTHER CREDIT INSTITUTION OR FINANCIAL INSTITUTION , THE RELEVANT MEMBER STATE OR THE COMPETENT AUTHORITIES FOR THAT CREDIT INSTITUTION SHALL , FOR THE PURPOSES OF SUPERVISION , REQUIRE EITHER FULL OR PRO RATA CONSOLIDATION OF THE FINANCIAL SITUATION OF THE INSTITUTIONS CONCERNED .  2 . WHERE A CREDIT INSTITUTION HAS A PARTICIPATION OF 50 % OR LESS IN ANOTHER CREDIT OR FINANCIAL INSTITUTION AND , IN THE OPINION OF THE COMPETENT AUTHORITIES FOR THAT CREDIT INSTITUTION , A SITUATION OF EFFECTIVE CONTROL EXISTS , IT SHALL BE FOR THE RELEVANT MEMBER STATE OR COMPETENT AUTHORITIES TO DETERMINE THE METHOD OF CONSOLIDATION . PENDING FURTHER COORDINATION , HOWEVER , THE COMPETENT AUTHORITIES IN THE MEMBER STATE IN WHICH THE CREDIT INSTITUTION HAS ITS HEAD OFFICE AND THE COMPETENT AUTHORITIES FOR THE CREDIT OR FINANCIAL INSTITUTION IN WHICH IT HAS THE PARTICIPATION MAY AGREE THAT CONSOLIDATION OF SUCH A PARTICIPATION IS NOT REQUIRED IN SPECIFIED CASES .  3 . WHERE A CREDIT INSTITUTION HAS A PARTICIPATION OF 50 % OR LESS IN ANOTHER CREDIT INSTITUTION OR IN A FINANCIAL INSTITUTION , AND A SITUATION OF EFFECTIVE CONTROL DOES NOT EXIST , IT SHALL BE FOR THE RELEVANT MEMBER STATE OR COMPETENT AUTHORITIES FOR THAT CREDIT INSTITUTION TO DETERMINE WHETHER AND HOW CONSOLIDATION IS TO BE EFFECTED . BEFORE EFFECTING SUCH CONSOLIDATION , THESE AUTHORITIES MUST INFORM THE COMPETENT AUTHORITIES FOR THE CREDIT OR FINANCIAL INSTITUTION IN WHICH THERE IS A PARTICIPATION .  ARTICLE 5  FACILITATING MEASURES  1 . MEMBER STATES SHALL ENSURE THAT THERE ARE NO LEGAL IMPEDIMENTS PREVENTING ANY CREDIT OR FINANCIAL INSTITUTION FROM SUPPLYING TO A CREDIT INSTITUTION WHICH HAS A PARTICIPATION IN IT INFORMATION WHICH IS NECESSARY FOR SUPERVISION ON A CONSOLIDATED BASIS TO BE EFFECTED IN ACCORDANCE WITH THIS DIRECTIVE .  2 . MEMBER STATES SHALL PERMIT THE EXCHANGE BETWEEN THEIR COMPETENT AUTHORITIES OF THE INFORMATION NECESSARY FOR SUPERVISION ON A CONSOLIDATED BASIS TO BE EFFECTED IN ACCORDANCE WITH THIS DIRECTIVE , IT BEING UNDERSTOOD THAT , IN THE CASE OF FINANCIAL INSTITUTIONS , THE COLLECTION OR POSSESSION OF INFORMATION SHALL NOT IN ANY WAY IMPLY THAT A SUPERVISORY FUNCTION IS BEING EXERCISED OVER THOSE FINANCIAL INSTITUTIONS BY THE COMPETENT AUTHORITIES .  3 . ANY EXCHANGE OF INFORMATION BETWEEN COMPETENT AUTHORITIES WHICH IS PROVIDED FOR IN THIS DIRECTIVE SHALL BE SUBJECT TO THE OBLIGATION OF PROFESSIONAL SECRECY AS SET OUT IN ARTICLE 12 OF DIRECTIVE 77/780/EEC ; ANY SUCH INFORMATION SHALL BE USED EXCLUSIVELY FOR THE PURPOSES OF THE SUPERVISION ON A CONSOLIDATED BASIS LAID DOWN IN THIS DIRECTIVE .  4 . IF , IN APPLYING THIS DIRECTIVE TO A CREDIT INSTITUTION , THE COMPETENT AUTHORITIES OF ONE MEMBER STATE WISH IN SPECIFIC CASES TO VERIFY THE INFORMATION CONCERNING A CREDIT OR FINANCIAL INSTITUTION IN ANOTHER MEMBER STATE , THEY MUST ASK THE COMPETENT AUTHORITIES OF THAT OTHER MEMBER STATE FOR THIS VERIFICATION TO BE CARRIED OUT . THE AUTHORITIES WHICH HAVE RECEIVED THE REQUEST MUST , WITHIN THE FRAMEWORK OF THEIR COMPETENCE , ACT UPON IT EITHER BY CARRYING OUT THE VERIFICATION THEMSELVES , OR BY ALLOWING THE AUTHORITIES WHO MADE THE REQUEST TO CARRY IT OUT , OR BY ALLOWING AN AUDITOR OR EXPERT TO CARRY IT OUT .  ARTICLE 6  NON-MEMBER COUNTRIES  1 . APPLICATION OF THE PRINCIPLE OF SUPERVISION ON A CONSOLIDATED BASIS TO CREDIT INSTITUTIONS WHOSE PARENT COMPANIES HAVE THEIR HEAD OFFICES IN NON-MEMBER COUNTRIES AND TO CREDIT INSTITUTIONS SITUATED IN NON-MEMBER COUNTRIES AND WHOSE PARENT CREDIT INSTITUTIONS HAVE A HEAD OFFICE IN THE COMMUNITY SHOULD BE THE SUBJECT OF BILATERAL AGREEMENTS , ON THE BASIS OF RECIPROCITY , BETWEEN THE COMPETENT AUTHORITIES OF THE MEMBER STATES AND THE NON-MEMBER COUNTRIES CONCERNED . SUCH AGREEMENTS SHALL SEEK TO ENSURE THAT MEMBER STATES' COMPETENT AUTHORITIES ARE ABLE TO OBTAIN THE NECESSARY INFORMATION TO ENABLE A CREDIT INSTITUTION WITHIN THE COMMUNITY , WITH PARTICIPATIONS IN CREDIT INSTITUTIONS OR FINANCIAL INSTITUTIONS OUTSIDE THE COMMUNITY , TO BE SUPERVISED ON A CONSOLIDATED BASIS AND THAT THE COMPETENT AUTHORITIES IN NON-MEMBER COUNTRIES ARE ABLE TO OBTAIN THE INFORMATION NECESSARY TO ENABLE PARENT COMPANIES HAVING HEAD OFFICES WITHIN THEIR TERRITORY WHICH HAVE PARTICIPATIONS IN CREDIT INSTITUTIONS SITUATED IN ONE OR MORE MEMBER STATES TO BE SUPERVISED .  2 . THE COMMISSION AND THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 11 OF DIRECTIVE 77/780/EEC SHALL BE KEPT INFORMED OF SUCH STEPS AS MAY BE TAKEN IN THIS CONTEXT , AND THE COMMISSION SHALL UNDERTAKE COORDINATION OF THE ABOVE AGREEMENTS .  FINAL PROVISIONS  ARTICLE 7  1 . MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE NOT LATER THAN 1 JULY 1985 . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE TEXTS OF THE MAIN LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE .  ARTICLE 8  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT LUXEMBOURG , 13 JUNE 1983 .  FOR THE COUNCIL  THE PRESIDENT  H . TIETMEYER


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31999L0025

Commission Directive 1999/25/EC of 9 April 1999 adapting to technical progress Council Directive 93/34/EEC on statutory markings for two- or three-wheel motor vehiclesText with EEA relevance

Official Journal L 104 , 21/04/1999 P. 0019 - 0021

COMMISSION DIRECTIVE 1999/25/ECof 9 April 1999adapting to technical progress Council Directive 93/34/EEC on statutory markings for two- or three-wheel motor vehicles(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(1), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 16 thereof,Having regard to Council Directive 93/34/EEC of 14 June 1993 on statutory markings for two- or three-wheel motor vehicles(2), and in particular Article 3 thereof,(1) Whereas Directive 93/34/EEC is one of the separate Directives of the Community type-approval procedure introduced by Directive 92/61/EEC; whereas the provisions of Directive 92/61/EEC relating to vehicle systems, components and technical units therefore apply to this Directive;(2) Whereas developments in technology now permit an adaptation of Council Directive 93/34/EEC to technical progress; whereas in order to ensure the proper functioning of the type-approval system as a whole, it is necessary to clarify or complete certain provisions of the Directive concerned;(3) Whereas to this end it is necessary to adapt certain symbols used and to clarify certain requirements concerning the symbols and characters to be used for the indication of the statutory markings on the manufacturer's data plate;(4) Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for adaptation to technical progress set up by Article 13 of Council Directive 70/156/EEC(3), as last amended by Directive 98/91/EC of the European Parliament and of the Council(4),HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 93/34/EEC is hereby amended in accordance with the Annex to this Directive.Article 21. With effect from 1 January 2000, Member States shall not, on grounds relating to statutory markings:- refuse, in respect of a type of two- or three-wheel vehicle, to grant EC type-approval,- prohibit the registration, sale or entry into service of two- or three-wheel motor vehicles,if the statutory markings comply with the requirements of Council Directive 93/34/EEC as amended by this Directive.2. With effect from 1 July 2000, Member States shall refuse to grant EC type-approval for any type of two- or three-wheel motor vehicle on grounds relating to the statutory markings if the requirements of Directive 93/34/EEC, as amended by this Directive, are not fulfilled.Article 31. Member States shall adopt and publish, no later than 31 December 1999, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 January 2000.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the texts of the main provisions of national law that they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 9 April 1999.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 225, 10.8.1992, p. 72.(2) OJ L 188, 29.7.1993, p. 38.(3) OJ L 42, 23.2.1970, p. 1.(4) OJ L 11, 16.1.1999, p. 25.ANNEX1. Point 2.1.4 is replaced by the following: "2.1.4. the static sound level: ... dB(A) ... min-1."2. Point 3.1.1.2 is replaced by the following: "3.1.1.2. the second part consists of six characters (letters or digits) for the purpose of describing the general characteristics of the vehicle (type, variant and version). If the manufacturer does not use one or more of those characters, the unused spaces must be filled by alphanumerical characters, the choice being left to the manufacturer for each vehicle."3. Point 3.1.2 is replaced by the following: "3.1.2. the vehicle identification number must, wherever possible, occupy a single line. The beginning and end of this line must be marked by a symbol which is neither an Arabic numeral nor a capital Latin letter, nor must it be possible to confuse this with any such character.By way of an exception and for technical reasons it may also occupy two lines. However, in this case there must be no breaks within any of the three parts and the beginning and end of each line must be marked by a symbol which is neither an Arabic numeral nor a capital Latin letter, nor must it be possible to confuse this with any such character.The introduction of said symbol within a line between the three parts (Point 3.1.1) is also authorised.There must be no spaces between the characters."


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31986L0655

Council Directive 86/655/EEC of 18 December 1986 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (France)

Official Journal L 382 , 31/12/1986 P. 0023 - 0027

COUNCIL  DIRECTIVEof 18 December 1986converning the Community list of less-favoured farming areas within  the meaning of Directive 75/268/EEC (France)(86/655/EEC)THE COUNCIL OF THE  EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and  farming in certain less-favoured areas (1), as last amended by Regulation (EEC) N° 797/85 (2), and  in particular Article 2 (2) thereof. Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (3), Whereas Council Directive 75/271/EEC of 28 April 1975 concerning the Community list of  less-favoured farming areas within the meaning of Directive 75/268/EEC (4), supplemented by  Directives 76/401/EEC (5), 76/631/EEC (6) and 77/178/EEC (7), listed the areas of the French  Republic designated as less-favoured within the meaning of Article 3, 4 and 5 of Directive  75/268/EEC; Whereas the Government of the French Republic has, pursuant to Article 2 (1) of Directive  75/268/EEC, requested the Commission to extend the Community list of less-favoured farming areas  within the meaning of Article 3 (4) of that Directive on the basis of the criteria set out in  Directive 75/271/EEC; Whereas the request concerns the classificaton of 474 421 hectares, of which 237 985 hectares fall  under Article 3 (4), and 236 436 hectares under Article 3 (5), of Directive 75/268/EEC; Whereas the two types of area notified to the Commission meet the conditions of Article 3 (4) and  (5) of Directive 75/268/EEC; whereas the first concerns less-favoured areas in danger of  depopulation, in which the conservation of the countryside is necessary and which are homogeneous  from the point of view of natural production conditions, and the second concerns areas suffering  specific handicaps and thus they both meet the required characteristics; Whereas, according to the information supplied by the Member State concerned, these areas have  adequate infrastructures, HAS ADOPTED THIS DIRECTIVE: Article 1The areas in the territory of the French Republic listed in the Annex  are hereby added to the Community list of less-favoured farming areas within the meaning of Article  3 (4) and (5) of Directive 75/268/EEC. Article 2This Directive is addressed to the French Republic. Done at Brussels, 18 December 1986. For the CouncilThe PresidentM. JOPLING(1) OJ N° L 128, 19. 5. 1975, p. 1. (2) OJ N° L 93, 30. 3. 1985, p. 1. (3) Opinion delivered on 12 December 1986 (not yet published in the Official Journal). (4) OJ N° L 128, 19. 5. 1985, p. 33. (5) OJ N° L 108, 26. 4. 1976, p. 22. (6) OJ N° L 223, 16. 8. 1976, p. 7. (7) OJ N° L 58, 3. 3. 1977, p. 22.  ANEXO - BILAG - ANHANG -  APAPTHMA - ANNEX - ANNEXE - ALLEGATO - BIJLAGE - ANEXO I -  ZONES DÉFAVORISÉES AU SENS DE L'ARTICLE 3 PARAGRAPHE 4 DE LA DIRECTIVE 75/268/EECZones à  ajouter: CANTONSCOMMUNES OU PARTIES DE COMMUNES18 - Département du CherArrondissement de  BourgesSancerguesMarseilles-les-AubignyArrondissement de Saint-Amand-MontrondLa  Guerche-sur-l'AuboisÁpremont-sur-Allier, La chapelle-Hugon, Le Chautay, Cours-les-Battes, Cuffy,  Germingny l'Exempt, La Guerche-sur-l'Aubois, Jouet-sur-l'Aubois, TorteronNérondesBlet, Charly,  Croizy, Flavigny, Ignol, Nérondes, Ourouer-les-Bourdelins, Saint-Hilaire-de-Gondilly,  TendronSancoinsAugy-sur-l'Aubois, Givardon, Grossouvre, Mornay-sur-Allier, Neuilly-en-Dun,  Neuvy-le-Barrois, Sagonne, Saint-Aignan-des-Noyers, Sancoins, VereauxCharenton-du-CherBannegon,  Bessais le Fromental, Charenton-du-Cher, le Pondy, Saint Pierre-les-Etieux, Vernais31 -  Département de la Haute-GaronneArrondissement de ToulouseCaramanAlbiac, Beauville, Le Faget,  Francarville, Louvens-Lauragais, Mascarville, Prunet, Saussens, Toutens, VendineFrontonBouloc,  Fronton, Gargas, Vacquiers, Villaudric, Villeneuve-lès-BoulocLantaAigrefeuille, Aurin,  Bourg-Saint-Bernard, Lanta, Lauzerville, Preserville, Sainte-Foy-d'Aigrefeuille,  Saint-Pierre-de-Lages, Tarabel, VallesvillesMontastruc-la-ConseillièreAzas, Bessières, Buzet/Tarn,  Gemil, Montjoire, Montpitol, Paulhac, Roquesrière, Saint-Jean-LhermNaillouxCaignac, Gibel,  Mauvaisin, Monestrol Montegeard, Nailloux, Saint-León, SeyreRevelBelesta-en-Lauragais, Falga,  Juzes, Maurens, Montegut Lauragais, Mourvilles Hautes, Nogaret, Revel, Saint-Felix-Lauragais,  Saint-Julia, Vaudreuille, Vaux, RoumensVerfeilBonrepos Riquet, Gaure, Lavalette,  Saint-Marcel-Paulel, Saint-Pierre, VerfeilVillefranche-de-LauragaisAvignonet-Lauragais,  Beauteville, Cessales, Folcarde, Gardouch, Lagarde, Lux, Montclar-Lauragais, Montesquieu-Lauragais,  Montegaillard-Lauragais, Renneville, Rieumajou, Saint-Germier, Saint-Rome, Saint-Vincent,  Trebons-sur-la-Grasse, Vallegue, Vieillevigne, VillefrancheVillemur-sur-TarnBondigoux, Le Born,  Layrac-sur-Tarn, Magdelaine-sur-Tarn, Mirepoix-sur-Tarn, Villematier, Villemur-sur-Tarn47 -  Département de Lot-est-GaronneArrondissement de Villeneuve-sur-LotCastillonnesCahuzac,  Castillones, Douzains, Ferrensac, Lalandusse, Lougratte, Montauriol,  Serignac-PeboudouMonflanquinLacaussade, Laussou, Monflanquin, Monségur, Montagnac-sur-Lède,  Paulhiac, Saint-Aubin, Salles, Sauvetat-sur-Lède (1a), Savignac-sur-LeyzeVillerealBournel,  Devillac, Doudrac, Mazières-Narese, Montaut, Rayet, Saint-Etienne-de-Villereal,  Saint-Eutrope-de-Born, VilleréalCanconBeaugas, Cancon, Casseneuil, Castelnaud-de-Gratecombe,  Monbahus, Monviel, Moulinet, Pailloles, Saint-Maurice-de-Lestajel,  Boudy-de-BeauregardMonclarMontastruc, Saint-Pastour, Tombeboeuf, Tourtrès,  VillebramarCANTONSCOMMUNES OU PARTIES DE COMMUNESLauzunAgnac, Allemans-du-Dropt, Armillac,  Bourgougnague, Laperche, Lauzun, Lavergne, Miramont-de-Guyenne, Montignac-de-Lauzun, Peyriere,  Puysserampion, Roumagne, Saint-Colomb-de-Lauzun, Saint-Pardoux-Isaac, SegalasSeychesCambes,  Escassefort, Lachapelle, Montignac-Toupinerie, Puymiclan, Saint-Avit, Saint-Barthélémy-d-Agenais,  SeychesArrondissement de NéracCasteljalouxLeyritz-Moncassin, Villefranche-du-QueyranMezinLannes  (y compris: Villeneuve-de-Mezin), Mezin, Poudenas, Saint-Maure-de-Peyriac, Saint-Pé-Saint-Simon89  - Département de l'YonneArrondissement d'AuxerreToucyBeauvoir, Diges, Dracy, Égleny, Fontaines,  Lalande, Leugny, Levis, Lindry, Moulins-sur-Ouanne, Parly, Pourrain, Toucy, Villiers-Saint-Benoît  (y compris la Villotte)Aillant-sur-TholonMerry-la-Vallée, Les Ormes, SommecaiseCharnyChevillon,  Dicy, La Ferté-Loupière, Perreux, Prunoy, Villefranche-Saint-PhalII - ZONES DÉFAVORISÉES AU SENS  DE L'ARTICLE 3 PARAGRAPHE 5 DE LA DIRECTIVE 75/268/CEEZones à ajouter: CANTONSCOMMUNES OU PARTIES DE COMMUNES17 - Département de la Charente-MaritimeArrondissement de  la RochelleLa JarrieAnaisMaransLongèvesCourçonFerrièresArrondissement de  RochefortSaint-AgnantChampagneSurgèresSaint-Pierre-d'Amilly, Saint-Saturnin-du-Bois, Saint-Mard,  Vandré, MarsaisArrondissement de Saint-Jean-d'AngélyLoulayBernay, Courant, Lozay, Doeeuil-sur-le  Mignon, Migré, Saint-FélixSaint-Jean-d'AngélyLandes, VoissaySaint-SavinienLes Nouillers,  TaillebourgTonnay-BoutonneAnnezay, Saint-Crépin, Saint-Laurent-de-la-Barrière,  Chautemerle-sur-la-Soie, Saint-Loup, Cervettes, Nachamps, Puyrolland, Tonnay-Boutonne, Torxé,  Puy-du-Lac, Saint-CrépinArrondissement de  SaintesSaujonBalanzacSaintes-SudÉcuratSaint-PorchaireCrazannes, Les Essards, Le Mung, Plassay,  Port-d'Envaux, Sainte-Gemme, Sainte-Radegonde, Saint-Sulpice-d'Arnoult, SoulignonneArrondissement  de  JonzacMontendreRouffignacMirambeauSaint-George-des-AgoutsMontlieu-la-GardeSaint-Palais-de-Négrignac26  - Département de la DrômeArrondissement de  ValenceSaint-Donnat-sur-l'HerbasseArthémonayRomans-sur-IsèreCrépol, Geyssans, Le Chalon,  Saint-Michel-sur-SavasseLe Grand-SerreHauterivesSaint-VallierRatières,  Saint-AvitGrignanMontjoyer, Salles-sous-Bois, Réauville, RoussasMontélimarLa Touche,  Portes-en-Valdaine, Rochefort-en-Valdaine31 - Département de la Haute-GaronneArrondissement de  MuretAuteriveMiremontCarbonneCarbonne, Longages, Mauzac, Noé, PeyssiesCazèresCazères,  Marignac-Laspeyres, Martres-Tolosane, Palaminy, BoussensCintegabelleAignes, CintegabelleLe  FousseretLafitte-Vigordane,  Saint-Élix-le-ChâteauRieumesBeratRieux-VolvestreLavelanet-de-Comminges, Saint-Julien,  Salles-sur-GaronneCANTONSCOMMUNES OU PARTIES DE COMMUNESArrondissemont de  ToulouseGrenadeLarraNaillouxCalmontArrondissement de Saint-GaudensBarbazanHuos,  Martres-de-Rivière, Pointis-de-RivièreMontrejeauBordes-de-Rivière, Clarac, Saint-GaudensEstancarbon, Labarthe-Inard, Miramont-de-CommingsSaint-MartoryBeauchalot,  Lestelle-Saint-Martory, Mancioux, Saint Martory38 - Département de l'IsèreArrondissement de  GrenobleSaint-MarcellinMontagne, Saint-Antoine, Sainte-Marcellin,  Saint-VérandSaint-Étienne-de-GeoirsSaint-Pierre-de-Bressieux,  Saint-Simeón-de-BressieuxVinayVinayVifClaixPont-en-RoyansSaint-Pierre-de-ChérennesTouvetBarraux,  La Buissière, La Flachère, Saint-Vincent-de-Mercuze42 - Département de la LoireArrondissement de  RoanneRoanne-NordLe Béwnisson-Dieu, Briennon, MablyRoanne-SudPouilly-les-Nonains,  Saint-Léger-sur-Roanne, Villemontais, Lentigny, Ouches, VillerestSaint-Haon-le-ChâtelNoailly,  Saint-Germain-Lespinasse, Saint-Romain-la-Motte, Andierle, Saint-Haon-le-Vieux, Renaison,  Saint-André-d'Apchon, Sain-Alban-les-EauxPerreuxCommelle-Verney, Notre-Dame-de-Boisset, Parigny,  Perreux, Saint-Vincent-de-BoissetLa PacaudièreLa Pacaudière, Saint-Forgeux-Lespinase,  Saint-Martin-d'Estreaux, Vivans, ChangyCharlieuPouilly-sous-Charlieu, Charlieu,  Saint-Nizier-sous-Charlieu, Saint-Pierre-la-Noaille, Vougy,  ChaudonSaint-Symphorien-de-LayPradines45 - Département des LoiretArrondissement de  MontagrisChâteaurenardMelleroyChâtillon-ColignyAillant-sur-Milleron, Châtillon-Cologny, Le  Charme, Dammarie-sur-Loing, Sainte-Geneviève-des-Bois, Saint-Maurice-sur-AveyronBriareAdon,  Batilly-en-Puisaye, Breteau, Briare, Bonny-sur-Loire, La Bussière, Champoulet, Escrignelles,  Feins-en-Gâtinais, Faverelles, Dammarie-en-Puisaye, Ousson-sur-Loire, Ouzouer-sur-Trézée,  ThauGienBoismorand, Gien, Poilly-lez-Gien, Saint-Brisson-sur-Loire,  Saint-Martin-sur-OcreChâtillon-sur-LoireAutry-le-Châtel, Beaulieu, Cernoy-en-Berry,  Châtillon-sur-Loire, Pierrefitte-ès Bois, Saint-Firmin-sur-Loire89 - Département de  l'YonneArrondissement d'AuxerreCharnyChambeugle, Charny, Chêne-Arnoult, Fontenouilles,  Grand-Champ, Malicorne, Saint-Dennis-sur-Ouanne, Marchais-Beton,  Saint-Martin-sur-OuanneBleneauBleneau, Champcevrais, Champignelles (y compris Louesmes),  Rogny-les-Sept-Écluses, Saint-Privé, Tonnerre-en-Puisaye, Villeneuve-les-GenêtsSaint-FargeauLavau,  Mezilles, Saint-Fargeau (y compris Ronchères et Septifonds),  Saint-Martin-des-ChampsSaint-SauveurFontenoy, Lainsecq, Moutiers, Sainpuits,  Sainte-Colombe-sur-Loing, Saints, Saint-Sauveur-en-Puisaye, Sougères-en-Puisaye, Thury, Treigny (y  compris Perreuse)


title: Commission Directive 2009/152/EC of 30 November 2009 amending Council Directive 91/414/EEC as regards the expiry date for inclusion in Annex I of the active substance carbendazim (Text with EEA relevance)

text:
               1.12.2009

               EN

               Official Journal of the European Union

               L 314/66

      COMMISSION DIRECTIVE 2009/152/EC
   of 30 November 2009
   amending Council Directive 91/414/EEC as regards the expiry date for inclusion in Annex I of the active substance carbendazim
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the second indent of the second subparagraph of Article 6(1) thereof,
   Whereas:

               (1)

               By Commission Directive 2006/135/EC (2) carbendazim was included as an active substance in Annex I to Directive 91/414/EEC. That inclusion expires on 31 December 2009.

               (2)

               On request the inclusion of an active substance may be renewed for a period not exceeding 10 years. On 6 August 2007 the Commission received such a request from the notifier regarding the renewal of the inclusion for this substance.

               (3)

               On 10 January 2008 the notifier submitted a technical dossier to the rapporteur Member State Germany in support of its request. Germany delivered its draft reassessment report on 27 July 2009. It is necessary that the European Food Safety Authority performs a peer review.

               (4)

               Since it is impossible to complete the renewal procedure before the date when the inclusion of carbendazim will expire and since the request for renewal was made in sufficient time, in accordance with Article 5(5) of Directive 91/414/EEC a renewal should be granted for the period necessary to complete that procedure.

               (5)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   In Annex I to Directive 91/414/EEC, in row No 149 (carbendazim (unstated stereochemistry) CAS No 10605-21-7 CIPAC No 263), in the sixth column (expiration of inclusion), the words ‘31 December 2009’ are replaced by the words ‘31 December 2010’.
   Article 2
   Member States shall adopt and publish by 31 December 2009 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 January 2010.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 30 November 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 349, 12.12.2006, p. 37.


Avis juridique important

|

31988L0572

Council Directive 88/572/EEC of 14 November 1988 amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants of plant products

Official Journal L 313 , 19/11/1988 P. 0039 - 0043 Finnish special edition: Chapter 3 Volume 27 P. 0219  Swedish special edition: Chapter 3 Volume 27 P. 0219

*****COUNCIL  DIRECTIVE  OF 14 NOVEMBER 1988  AMENDING DIRECTIVE 77/93/EEC ON PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF ORGANISMS HARMFUL TO PLANTS OF PLANT PRODUCTS  ( 88/572/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 BY DIRECTIVE 77/93/EEC ( 4 ), AS LAST AMENDED BY DIRECTIVE 88/272/EEC ( 5 ), THE COUNCIL LAID DOWN PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS;  WHEREAS, HAVING REGARD TO DEVELOPMENTS SINCE THEN, CERTAIN OF ITS PROVISIONS SHOULD BE AMENDED;  WHEREAS THE SCOPE OF THE DIRECTIVE SHOULD BE CLARIFIED IN RESPECT OF "WOOD'; WHEREAS, IN PARTICULAR, IT IS USEFUL TO FOLLOW THE DETAILED DESCRIPTIONS OF "WOOD' SET OUT IN ANNEX I, PART II OF COUNCIL REGULATION ( EEC ) NO 2658/87 OF 23 JULY 1987 ON THE TARIFF AND STATISTICAL NOMENCLATURE AND ON THE COMMON CUSTOMS TARIFF ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3985/87 ( 7 );  WHEREAS THE RULES RELATING TO IMPORT INSPECTIONS IN INTRA-COMMUNITY TRADE SHOULD BE ADAPTED TO COMMUNITY CASE-LAW AND TO OTHER DEVELOPOMENTS, IN PARTICULAR TO THE INCREASED CONFIDENCE WHICH HAS BEEN PROGRESSIVELY ESTABLISHED BETWEEN MEMBER STATES REGARDING THE CORRECT OPERATION OF INSPECTION SYSTEMS IN THE CONSIGNOR MEMBER STATES;  WHEREAS MUTUAL INFORMATION ON INTERCEPTIONS SHOULD BE MADE MANDATORY;  WHEREAS THE RULES RELATING TO IMPORT INSPECTIONS IN THE CASE OF IMPORTS FROM THIRD COUNTRIES SHOULD BE COMPLETED BY PROVISIONS RELATING TO CONSIGNMENTS NOT DECLARED TO CONTAIN PLANTS, PLANT PRODUCTS OR OTHER OBJECTS WHICH MUST BE SUBJECTED TO A PLANT HEALTH INSPECTION IN THE COUNTRY OF ORIGIN BEFORE BEING PERMITTED TO ENTER ANY OF THE MEMBER STATES,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  DIRECTIVE 77/93/EEC IS AMENDED AS FOLLOWS :  1 . ARTICLE 2 ( 2 ) IS REPLACED BY THE FOLLOWING :  "2 . PARAGRAPH 1 ( B ) AND THE OTHER PROVISIONS OF THIS DIRECTIVE, SAVE WHERE IT IS EXPRESSLY PROVIDED OTHERWISE, CONCERN WOOD ONLY IN SO FAR AS IT RETAINS ALL OR PART OF ITS NATURAL ROUND SURFACE, WITH OR WITHOUT BARK, OR AS IT IS IN THE FORM OF CHIPS, PARTICLES, SAWDUST, WOOD WASTE OR SCRAP .  SAVE FOR THE PURPOSE OF THE PROVISIONS RELATING TO ANNEX V, WOOD, WHETHER SATISFYING THE CONDITIONS REFERRED TO IN THE FIRST SUBPARAGRAPH OR NOT, IS ALSO CONCERNED WHERE IT IS IN THE FORM OF DUNNAGE, SPACERS, PALLETS OR PACKING MATERIAL WHICH ARE ACTUALLY IN USE IN THE TRANSPORT OF OBJECTS OF ALL KINDS, PROVIDED THAT IT PRESENTS A PLANT HEALTH RISK .'  2 . IN ARTICLE 11 ( 1 ), FIRST SENTENCE, THE FOLLOWING IS ADDED BEFORE THE WORDS "MEMBER STATES MAY ': WITHOUT PREJUDICE TO THE PROVISIONS OF PARAGRAPH 3 '.  3 . IN ARTICLE 11 ( 1 ), THE FOLLOWING IS ADDED AFTER ( D )  "( E ) THEY ARE NECESSARY TO CHECK THE IDENTITY OF THE DECLARED PLANTS, PLANT PRODUCTS OR OTHER OBJECTS . THEY ARE NOT NECESSARY WHERE OFFICIAL MEASURES SUCH AS OFFICIAL SEALING OF THEIR PACKAGING OR OFFICIALLY APPROVED AND SUPERVISED EQUIVALENT SAFEGUARDS HAVE BEEN TAKEN IN THE FORWARDING MEMBER STATE TO ENSURE THE IDENTITY : IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16, OR, IN URGENT CASES, WITH THAT LAID DOWN IN ARTICLE 17, IT MAY BE ESTABLISHED WHETHER A SPECIFIC PRACTICE IS AN EQUIVALENT SAFEGUARD OR NOT .'  4 . ARTICLE 11 ( 2 ) IS REPLACED BY THE FOLLOWING :  "2 . THEY SHALL NOT REQUIRE ANY ADDITIONAL DECLARATION ON THE CERTIFICATES REFERRED TO IN ARTICLE 4, 5, 7, 8 OR 9 .  IN THE CASE OF PLANTS, PLANT PRODUCTS OR OTHER OBJECTS ORIGINATING IN NON-MEMBER COUNTRIES, AND TO THE EXTENT THAT MEMBER STATES APPLY THE SAME PLANT HEALTH REQUIREMENTS PURSUANT TO ARTICLES 3 AND 5 IN RESPECT OF THE INTRODUCTION OF SUCH PLANTS, PLANT PRODUCTS OR OTHER OBJECTS INTO THEIR RESPECTIVE TERRITORIES, A MEMBER STATE WHICH INTRODUCES THEM FROM ANOTHER MEMBER STATE SHALL NOT REQUIRE THAT THE CERTIFICATES BEAR ADDITIONAL DECLARATIONS NOT REQUIRED BY THE MEMBER STATE WHICH FIRST INTRODUCED THEM INTO THE COMMUNITY, OR THAT AN ADDITIONAL DECLARATION DRAWN UP IN ONE OF THE OFFICIAL LANGUAGES OF THE COMMUNITY HAS A WORDING WHICH IS DIFFERENT FROM THAT REQUIRED BY THAT MEMBER STATE .'  5 . IN ARTICLE 11 ( 3 ), FIRST SUBPARAGRAPH, "WITH REGARD TO FRUIT AND VEGETABLES AND POTATOES', IS DELETED AND "THE OFFICIAL CHECK ON IDENTITY AND THE REQUIREMENTS PERMITTED UNDER PARAGRAPH 1' IS REPLACED BY "THE MEASURES PERMITTED UNDER THE SECOND SENTENCE OF PARAGRAPH 1 '.  6 . IN ARTICLE 11 ( 3 ), SECOND SUBPARAGRAPH, FIRST SENTENCE, "OFFICIAL INSPECTIONS OF FRUIT AND VEGETABLES AND POTATOES OTHER THAN SEED POTATOES' IS REPLACED BY "OFFICIAL PHYTOSANITARY INSPECTIONS INCLUDING IDENTITY CHECKS '.  7 . IN ARTICLE 11 ( 3 ), THE SECOND SUBPARAGRAPH IS SUPPLEMENTED BY THE FOLLOWING :  "MEMBER STATES SHALL TAKE THE APPROPRIATE STEPS TO ENSURE THAT THE CARRYING-OUT OF THESE INSPECTIONS AT THE BORDER IS PROGRESSIVELY REDUCED, SAVE IN CASES SPECIFIED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16 . THEY SHALL BE CARRIED OUT EITHER AT THE PLACE OF DESTINATION OF THE PLANTS, PLANT PRODUCTS OR OTHER OBJECTS, OR AT ANOTHER DESIGNATED PLACE INSTEAD, PROVIDED THAT THE ROUTING OF THE PLANTS, PLANT PRODUCTS OR OTHER OBJECTS IS INTERFERED WITH AS LITTLE AS POSSIBLE .'  8 . IN ARTICLE 11, THE FOLLOWING PARAGRAPH 6 IS ADDED .  "6 . MEMBER STATES SHALL ENSURE THAT THEIR PLANT PROTECTION ORGANIZATION INFORMS THAT OF THE FORWARDING MEMBER STATE OF ALL CASES WHERE PLANTS, PLANT PRODUCTS OR OTHER OBJECTS COMING FROM THE MEMBER STATE HAVE BEEN INTERCEPTED AS BEING SUBJECT TO PROHIBITIONS OR RESTRICTIONS RELATING TO PLANT-HEALTH MEASURES . THIS INFORMATION IS WITHOUT PREJUDICE TO THE MEASURES WHICH THE FIRST MENTIONED PLANT PROTECTION ORGANIZATION MAY DEEM NECESSARY TO TAKE IN RESPECT OF THE INTERCEPTED CONSIGNMENT, AND SHALL BE GIVEN AS SOON AS POSSIBLE SO THAT THE PLANT PROTECTION ORGANIZATIONS CONCERNED MAY STUDY THE CASE WITH A VIEW, IN PARTICULAR, TO TAKING THE STEPS NECESSARY TO PREVENT FURTHER, SIMILAR OCCURENCES AND, WHERE APPROPRIATE AND IN SO FAR AS  POSSIBLE, TAKING SUCH MEASURES IN RESPECT OF THE INTERCEPTED CONSIGNMENT WHICH ARE ADEQUATE TO THE RISK LEVEL RELATED TO THE CASE . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16 A STANDARDIZED INFORMATION SYSTEM MAY BE SET UP .'  9 . IN ARTICLE 12, THE FOLLOWING PARAGRAPH IS INSERTED :  "3 ( A ) MEMBER STATES MAY ALSO LAY DOWN THAT CONSIGNMENTS COMING FROM THIRD COUNTRIES, WHICH ARE NOT DECLARED TO CONTAIN PLANTS, PLANT PRODUCTS OR OTHER OBJECTS LISTED IN ANNEX V, SHALL BE OFFICIALLY INSPECTED, WHERE THERE IS SERIOUS REASON TO BELIEVE THAT THERE HAS BEEN AN INFRINGEMENT OF THE RULES IN THIS RESPECT .  IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16  _ THE CASES MAY BE SPECIFIED IN WHICH SUCH INSPECTIONS SHALL BE CARRIED OUT,  _ THE METHODS FOR SUCH INSPECTIONS MAY BE LAID DOWN .  IF, AT THE OUTCOME OF THE INSPECTION, DOUBTS REMAIN IN RESPECT OF THE IDENTIFY OF THE CONSIGNMENT, IN PARTICULAR CONCERNING GENUS, SPECIES OR ORIGIN, THE CONSIGNMENT SHALL BE CONSIDERED TO CONTAIN PLANTS, PLANT PRODUCTS OR OTHER OBJECTS LISTED IN ANNEX V .'  10 . IN ANNEX IV, PART A, THE FOLLOWING POINT SHALL BE INSERTED :  1.2"6 ( B ) WOOD IN THE FORM OF CHIPS, PARTICLES, WOOD WASTE OR SCRAP AND OBTAINED IN WHOLE OR PART FROM ONE OR MORE OF THE GENERA OR SPECIES REFERRED TO IN ANNEX V ( 4 ) ( B ), ORIGINATING IN NON-EUROPEAN COUNTRIES .  THE PRODUCT HAS BEEN PRODUCED EXCLUSIVELY FROM WOOD WHICH WAS STRIPPED OF ITS BARK OR WHICH HAS UNDERGONE EITHER KILN-DRYING TO BELOW 20 % MOISTURE CONTENT, EXPRESSED AS A PERCENTAGE OF DRY MATTER AT TIME OF MANUFACTURE, ACHIEVED THROUGH AN APPROPRIATE TIME/TEMPERATURE SCHEDULE OR FUMIGATION, AND IS SHIPPED IN SEALED CONTAINERS OR IN SUCH A WAY AS TO PREVENT ANY RE-INFESTATION .'   //  //  11 . IN ANNEX V, PARAGRAPH 4 IS REPLACED BY THE FOLLOWING :  "4 . WOOD WITHIN THE MEANING OF ARTICLE 2 ( 2 ), FIRST SUBPARAGRAPH, WHERE IT  ( A ) MEETS ONE OF THE FOLLOWING DESCRIPTIONS LAID DOWN IN ANNEX I PART II OF COUNCIL REGULATION ( EEC ) NO 2658/87 OF 23 JULY 1987 ON THE TARIFF AND STATISTICAL NOMENCLATURE AND ON THE COMMON CUSTOMS TARIFF ( 1 ).  1.2CN CODE  DESCRIPTION  4401 10  _ FUEL WOOD, IN LOGS, IN BILLETS, IN TWIGS, IN FAGGOTS OR IN SIMILAR FORMS  EX 4401 21  _ WOOD IN CHIPS OR PARTICLES :   //  _ CONIFEROUS, ORIGINATING IN NON-EUROPEAN COUNTRIES  4401 22  _ WOOD IN CHIPS OR PARTICLES :   //  _ NON-CONIFEROUS  EX 4401 30  _ WOOD WASTE AND SCRAP, NOT AGGLOMERATED IN LOGS, BRIQUETTES, PELLETS OR SIMILAR FORMS  EX 4403 20  WOOD IN THE ROUGH, WHETHER OR NOT STRIPPED OF BARK OR SAPWOOD, OR ROUGHLY SQUARED :   //  _ OTHER THAN TREATED WITH PAINT, STAINS, CREOSOTE OR OTHER PRESERVATIVES, CONIFEROUS ORIGINATING IN NON-EUROPEAN COUNTRIES  4403 91  WOOD IN THE ROUGH, WHETHER OR NOT STRIPPED OF BARK OR SAPWOOD, OR ROUGHLY SQUARED :   //  _ OTHER THAN TREATED WITH PAINT, STAINS, CREOSOTE OR OTHER PRESERVATIONS :   //  _ OF OAK ( QUERCUS SPP .)  4403 99  WOOD IN THE ROUGH, WHETHER OR NOT STRIPPED OF BARK OR SAPWOOD, OR ROUGHLY SQUARED :   //  _ OTHER THAN TREATED WITH PAINT, STAINS, CREOSOTE OR OTHER PRESERVATIVES;   //  _ OTHER THAN CONIFEROUS, OF OAK ( QUERCUS SPP .) OR OF BEECH ( FAGUS SPP .)  EX 4404 10  SPLIT POLES; PILES, PICKETS AND STAKES OF WOOD, POINTED BUT NOT SWAN LENGTHWISE :   //  _ CONIFEROUS, ORIGINATING IN NON-EUROPEAN COUNTRIES  EX 4404 20  SPLIT POLES; PILES, PICKETS AND STAKES OF WOOD, POINTED BUT NOT SAWN LENGTHWISE :   //  _ NON-CONIFEROUS  4406 10  RAILWAY OR TRAMWAY SLEEPERS ( CROSS-TIES ) OF WOOD :   //  _ NOT IMPREGNATED  EX 4407 10  WOODS SAWN OR CHIPPED LENGTHWISE, SLICED OR PEELED, NOT PLANED, SANDED OR FINGER-JOINTED, OF A THICKNESS EXCEEDING 6 MM, IN PARTICULAR BEAMS, PLANKS, FLITCHES, BOARDS, LATHS :   //  _ CONIFEROUS, ORIGINATING IN NON-EUROPEAN COUNTRIES  CN CODE  DESCRIPTION  EX 4407 91  WOOD SAWN OR CHIPPED LENGTHWISE, SLICED OR PEELED, NOT PLANED, SANDED OR FINGER-JOINTED, OF A THICKNESS EXCEEDING 6 MM, IN PARTICULAR BEAMS, PLANKS, FLITCHES, BOARDS, LATHS :   //  _ OF OAK ( QUERCUS SPP .)  EX 4407 99  WOOD SAWN OR CHIPPED LENGTHWISE, SLICED OR PEELED, NOT PLANED, SANDED OR FINGER-JOINTED, OF A THICKNESS EXCEEDING 6 MM, IN PARTICULAR BEAMS, PLANKS, FLITCHES, BOARDS, LATHS :   //  _ OTHER THAN CONIFEROUS, OF TROPICAL WOODS, OF OAK ( QUERCUS SPP .) OR OF BEECH ( FAGUS SPP .)  EX 4415 10  PACKING CASES, CRATES AND DRUMS OF WOOD ORIGINATING IN NON-EUROPEAN COUNTRIES  EX 4415 20  PALLETS, BOX PALLETS AND OTHER LOAD BOARDS, OF WOOD ORIGINATING IN NON-EUROPEAN COUNTRIES  EX 4416 00  BARRELS OF WOOD, INCLUDING STAVES, OF OAK ( QUERCUS SPP .)   //   //  ( B ) AND HAS BEEN OBTAINED IN WHOLE OR PART FROM ONE OF THE GENERAL OR SPECIES AS DESCRIBED HEREAFTER :  _ CASTANEA, QUERCUS, ALSO IN CASES WHERE THE WOOD DOES NOT RETAIN PART OF ITS NATURAL ROUND SURFACE,  _ PLATANUS  _ CONIFERAE, ORIGINATING IN NON-EUROPEAN COUNTRIES,  _ POPULUS, ORIGINATING IN COUNTRIES OF THE AMERICAN CONTINENT,  _ ACER SACCHARUM, ORIGINATING IN THE UNITED STATES OF AMERICA .  WOOD WHICH MEETS THE DESCRIPTIONS REFERRED TO IN ( A ) IN CN CODE 4401 10, EX 4404 10, EX 4407 10, EX 4415 10 OR EX 4415 20 AND HAS BEEN OBTAINED IN WHOLE FROM CONIFERAE IS EXEMPTED, WHERE  _ THERE IS EVIDENCE THAT IT SATISFIES AN INTERNATIONALLY RECOGNIZED STANDARD OR BELONGS TO A COMMERCIAL GRADE, NOT ALLOWING ANY TOLERANCE FOR BARK, OR  _ THERE IS EVIDENCE BY A MARK "KILN-DRIED", "K.D ." OR ANOTHER INTERNATIONALLY RECOGNIZED MARK, PUT ON THE WOOD OR ON ITS PACKAGING IN ACCORDANCE WITH CURRENT COMMERCIAL USAGE AND SUPPORTED BY APPROPRIATE ACCOMPANYING DOCUMENTS, THAT IT HAS UNDERGONE KILN-DRYING TO BELOW 20 % MOISTURE CONTENT, EXPRESSED AS A PERCENTAGE OF DRY MATTER, AT TIME OF MANUFACTURE, ACHIEVED THROUGH AN APPROPRIATE TIME-TEMPERATURE SCHEDULE,  OR  _ THERE IS EVIDENCE THAT THE WOOD HAS BEEN ADEQUATELY IMPREGNATED WITH AN EFFECTIVE WOOD PRESERVATICE PERMITTED IN THE COMMUNITY .  PALLETS AND BOX PALLETS ( CN CODE EX 4415 20 ) ARE ALSO EXEMPTED WHERE THEY SATISFY THE STANDARD SET UP FOR "UIC _ PALLETS" AND ARE MARKED ACCORDINGLY .  ( 1 ) OJ NO L 256, 7 . 9 . 1987, P . 1 '.  ARTICLE 2  1 . MEMBER STATES SHALL BRING INTO FORCE THE LAWS, REGULATIONS FOR ADMINISTRATIEVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE BY 1 JANUARY 1989 AT THE LATEST .  2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE MAIN PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD GOVERNED BY THIS DIRECTIVE . THE COMMISSIN SHALL INFORM THE OTHER MEMBER STATES THEREOF .  ARTICLE 3  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS, 14 NOVEMBER 1988 .  FOR THE COUNCIL  THE PRESIDENT  Y . POTTAKIS  ( 1 ) OJ NO 186, 13 . 7 . 1984, PP . 6 AND 11 .  ( 2 ) OJ NO C 300, 12 . 11 . 1984, P . 53 .  ( 3 ) OJ NO C 25, 28 . 1 . 1985, P . 31 .  ( 4 ) OJ NO L 26, 31 . 1 . 1977, P . 20 .  ( 5 ) OJ NO L 116, 4 . 5 . 1988, P . 19 .  ( 6 ) OJ NO L 256, 7 . 9 . 1987, P . 1 .  ( 7 ) OJ NO L 376, 31 . 12 . 1987, P . 1 .


Avis juridique important

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31973L0047

Commission Directive 73/47/EEC of 5 December 1972 amending the second Commission Directive of 18 November 1971 establishing Community methods of analysis for the official control of feedingstuffs

Official Journal L 083 , 30/03/1973 P. 0035 - 0035 Finnish special edition: Chapter 3 Volume 5 P. 0129  Greek special edition: Chapter 03 Volume 9 P. 0128  Swedish special edition: Chapter 3 Volume 5 P. 0129  Spanish special edition: Chapter 03 Volume 6 P. 0244  Portuguese special edition Chapter 03 Volume 6 P. 0244

COMMISSION DIRECTIVE  of 5 December 1972  amending the second Commission Directive of 18 November 1971 establishing Community methods of analysis for the official control of feedingstuffs  (73/47/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community;  Having regard to the Council Directive of 20 July 1970 (1) on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs, as amended by the Directive of 20 July 1972 (2), and in particular Article 2 thereof;  Whereas on 18 November 1971 the Commission adopted the second Directive (3) establishing Community methods of analysis for the official control of feedingstuffs;  Whereas Part 1 of the Annex to that Directive provides for a method of determining moisture which can be applied inter alia to the analysis of animal and vegetable fats and oils;  Whereas moisture in animal and vegetable fats and oils is to be determined as from 1 January 1974 by another method which was fixed by the fourth Commission Directive establishing Community methods of analysis for the official control of feedingstuffs;  Whereas therefore the obligation to apply the method of determining moisture as specified in the second Directive for the analysis of animal and vegetable fats and oils should be suspended;  Whereas the measures provided for in this Directive are in accordance with the Opinion of the Standing Committee for Animal Feedingstuffs;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The second Commission Directive establishing Community methods of analysis for the official control of feedingstuffs is amended as follows:  The second sentence of the first subparagraph of point 1, Part 1 of the Annex is replaced by the following:  "It does not cover the analysis of milk products as straight feedingstuffs, the analysis of mineral substances and mixtures composed predominantly of mineral substances, the analysis of animal and vegetable fats and oils or the analysis of the oil seeds and oleaginous fruit defined in Council Regulation No 136/66/EEC (1) of 22 September 1966 on the establishment of a common organization of the market in oils and fats."   Article 2 The Member States shall put into force not later than 1 January 1973 the necessary laws, regulations and administrative provisions in order to comply with the provisions of this Directive. They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 5 December 1972.  For the Commission  The President  S.L. MANSHOLT  (1)OJ No L 170, 3.8.1970, p. 2. (2)OJ No L 171, 29.7.1972, p. 39. (3)OJ No L 279, 20.12.1971, p. 7.