Avis juridique important

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31993L0044

Council Directive 93/44/EEC of 14 June 1993 amending Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery

Official Journal L 175 , 19/07/1993 P. 0012 - 0020 Finnish special edition: Chapter 13 Volume 24 P. 0136  Swedish special edition: Chapter 13 Volume 24 P. 0136

COUNCIL DIRECTIVE 93/44/EEC of 14 June 1993 amending Directive 89/392/EEC on the approximation of the laws of the Member States relating to machineryTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas lifting persons entails specific hazards for the persons lifted; whereas those hazards are not covered by the essential health and safety requirements laid down by Council Directive 89/392/EEC of 14 June 1989 on the approximation of the laws of  the Member States relating to machinery (4);  Whereas, for the type of machinery in question, there is no reason to provide for different conformity assessment modules from those initially provided for in Directive 89/392/EEC for machinery in general;  Whereas additional essential health and safety requirements to cover the risks run by lifted persons can be laid down by means of an amendment to Directive 89/392/EEC; whereas this amendment can be used to advantage to correct certain imperfections in  the said Directive;  Whereas it is also necessary to deal with safety components which are placed on the market separately and the safety function of which is declared by the manufacturer or his authorized representative established in the Community;  Whereas the dates of implementation laid down in this Directive shall not alter the dates of implementation of Directive 89/392/EEC and Directive 91/368/EEC, which amended it,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 89/392/EEC is hereby amended as follows:  1. Article 1 shall be amended as follows:  (a) the following subparagraph shall be added to paragraph 1:  'It shall also apply to safety components placed on the market separately.';  (b) the following subparagraph shall be added to paragraph 2:  'For the purposes of this Directive, safety components means a component, provided that it is not interchangeable equipment, which the manufacturer or his authorized representative established in the Community places on the market to fulfil a safety  function when in use and the failure or malfunctioning of which endangers the safety or health of exposed persons.';  (c) paragraph 3 shall be amended as follows:  (i) the following indent shall be deleted:  '- lifting equipment designed and constructed for raising and/or moving persons with or without loads, except for industrial trucks with elevating operation position,';  (ii) the following indent:  '- cableways for the public or private transposition of persons,' shall be replaced by:  '- cableways, including funicular railways, for the public or private transportation of persons,';  (iii) the following indents shall be added:  '- lifts which permanently serve specific levels of buildings and constructions, having a car moving between guides which are rigid and inclined at a angle of more than 15 degrees to the horizontal and designed for the transport of:  - persons,  - persons and goods,  - goods alone if the car is accessible, that is to say, a person may enter it without difficulty, and fitted with controls situated inside the car or within reach of a person inside,  - means of transport of persons using rack and pinion rail mounted vehicles,  - mine winding gear,  - theatre elevators,  - construction site hoists intended for lifting persons or persons and goods.';  (d) paragraph 4 shall be replaced by the following:  '4. Where, for machinery or safety components, the risks referred to in this Directive are wholly or partly covered by specific Community directives, this Directive shall not apply, or shall cease to apply, in the case of such machinery or safety  components and of such risks on the implementation of these specific Directives.' 2. Article 2 shall be replaced by the following:  'Article 2 1. Member States shall take all appropriate measures to ensure that machinery or safety components covered by this Directive may be replaced on the market and put into service only if they do not endanger the health or safety of persons and, where  appropriate, domestic animals or property, when properly installed and maintained and used for their intended purpose.  2. This Directive shall not affect Member States' entitlement to lay down, in due observance of the Treaty, such requirements as they may deem necessary to ensure that persons and in particular workers are protected when using the machinery or safety  components in question, provided that this does not mean that the machinery or safety components are modified in a way not specified in the Directive.  3. At trade fairs, exhibitions, demonstrations, etc., Member States shall not prevent the showing of machinery or safety components which do not conform to the provisions of this Directive, provided that a visible sign clearly indicates that such  machinery or safety components do not conform and that they are not for sale until they have been brought into conformity by the manufacturer or his authorized representative established in the Community. During demonstrations, adequate safety measures  shall be taken to ensure the protection of persons.';  3. Article 3 shall be replaced by the following:  'Article 3 Machinery and safety components covered by this Directive shall satisfy the essential health and safety requirements set out in Annex I.';  4. Article 4 shall be amended as follows:  (a) paragraph 1 shall be replaced by the following:  '1. Member States shall not prohibit, restrict or impede the placing on the market and putting into service in their territory of machinery and safety components which comply with this Directive.';  (b) the following paragraph shall be added:  '3. Member States may not prohibit, restrict or impede the placing on the market of safety components as defined in Article 1 (2) where they are accompanied by an EC declaration of conformity by the manufacturer or his authorized representative  established in the Community as referred to in Annex II, point C.';  5. Article 5 (1) and (2) shall be replaced by the following:  '1. Member States shall regard the following as conforming to all the provisions of this Directive, including the procedures for checking the conformity provided for in Chapter II:  - machinery bearing the CE marking and accompanied by the EC declaration of conformity referred to in Annex II.A.,  - safety components accompanied by the EC declaration of conformity referred to in Annex II.C.  In the absence of harmonized standards, Member States shall take any steps they deem necessary to bring to the attention of the parties concerned the existing national technical standards and specifications which are regarded as important or relevant to  the proper implementation of the essential safety and health requirements in Annex I.  2. Where a national standard transposing a harmonized standard, the reference for which has been published in the Official Journal of the European Communities, covers one or more of the essential safety requirements, machinery or safety components  constructed in accordance with this standard shall be presumed to comply with the relevant essential requirements.  Member States shall publish the references of national standards transposing harmonized standards.';  6. Article 7 shall be amended as follows:  (a) paragraph 1 shall be replaced by the following:  '1. Where a Member State ascertains that - machinery bearing the CE marking,  or - safety components accompanied by the EC declaration of conformity,  used in accordance with their intended purpose are liable to endanger the safety of persons, and, where appropriate, domestic animals or property, it shall take all appropriate measures to withdraw such machinery or safety components from the market, to  prohibit the placing on the market, putting into service or use thereof, or to restrict free movement thereof.  The Member States shall immediately inform the Commission of any such measure, indicating the reason for its decision and, in particular, whether non-conformity is due to:  (a) failure to satisfy the essential requirements referred to in Article 3;  (b) incorrect application of the standards referred to in Article 5 (2);  (c) shortcomings in the standards referred to in Article 5 (2) themselves.';  (b) paragraph 3 shall be replaced by the following:  '3. Where:  - machinery which does not comply bears the CE marking,  - a safety component which does not comply is accompanied by an EC declaration of conformity,  the competent Member State shall take appropriate action against whomsoever has affixed the marking or drawn up the declaration and shall so inform the Commission and other Member States.';  7. Article 8 shall be amended as follows:  (a) paragraph 1 shall be replaced by the following:  '1. The manufacturer or his authorized representative established in the Community must, in order to certify that machinery and safety components are in conformity with this Directive, draw up for all machinery or safety component manufactured an EC  declaration of conformity based on the model given in Annex II, A or C as appropriate.  In addition, for machinery alone, the manufacturer or his authorized representatives established in the Community must affix to the machine the CE marking referred to in Article 10.';  (b) the following paragraph shall be inserted:  '4a. Safety components shall be subject to the certification procedures applicable to machinery pursuant to paragraphs 2, 3 and 4. Furthermore, during EC type-examination, the notified body shall verify the suitability of the safety component for  fulfilling the safety functions declared by the manufacturer.';  (c) paragraph 6 shall be replaced by the following:  '6. Where neither the manufacturer nor his authorized representative established in the Community fulfils the obligations of the preceding paragraphs, these obligations shall fall to any person placing the machinery or safety component on the market in  the Community. The same obligations shall apply to any person assembling machinery or parts thereof or safety components of various origins or constructing machinery or safety components for his own use.';  8. Article 9 (1) shall be replaced by the following:  '1. Each Member State shall notify the Commission and the other Member States of the bodies responsible for carrying out the certification procedures referred to in Article 8. The Commission shall publish a list of those bodies in the Official Journal  of the European Communities for information and shall ensure that the list is kept up to date.';  9. Article 11 shall be replaced by the following:  'Article 11 Any decision taken pursuant to this Directive which restricts the placing on the market and putting into service of machinery or a safety component shall state the exact grounds on which it is based. Such a decision shall be notified as soon as possible  to the party concerned, who shall at the same time be informed of the legal remedies available to him under the laws in force in the Member State concerned and of the time limits to which such remedies are subject.';  10. Annex I shall be amended as follows:  (a) the title shall be replaced by the following:  'ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF MACHINERY AND SAFETY COMPONENTS';  (b) the following shall be added after this title:  'For the purposes of this Annex, 'machinery' means either 'machinery' or 'safety component' as defined in Article 1 (2).';  (c) the preliminary observations shall be supplemented by the following:  '3. The essential health and safety requirements have been grouped according to the hazards which they cover.  Machinery presents a series of hazards which may be indicated under more than one heading in this Annex.  The manufacturer is under an obligation to assess the hazards in order to identify all those which apply to his machine; he must then design and construct it taking account of his assessment.';  (d) in Section 1.2.4, the last paragraph concerning the emergency stop shall be replaced by the following:  'Once active operation of the emergency stop control has ceased following a stop command, that command must be sustained by engagement of the emergency stop device until that engagement is specifically overridden; it must not be possible to engage the  device without triggering a stop command; it must be possible to disengage the device only by an appropriate operation, and disengaging the device must not restart the machinery but only permit restarting.';  (e) the following sections shall be added:  '1.5.14. Risk of being trapped in a machine Machinery must be designed, constructed or fitted with a means of preventing an exposed person from being enclosed within it or, if that is impossible, with a means of summoning help.' 1.5.15. Risk of slipping, tripping or falling Parts of the machinery where persons are liable to move about or stand must be designed and constructed to prevent persons slipping, tripping or falling on or off these parts.';  (f) the second paragraph of Section 1.6.2 shall be deleted;  (g) the first indent of Section 1.7.4 (a) shall be replaced by the following:  '- a repeat of the information with which the machinery is marked, except the serial number (see 1.7.3) together with any appropriate additional information to facilitate maintenance (e.g. addresses of the importer, repairers etc.),';  (h) Section 1.7.4 (b) shall be replaced by the following:  'The constructions must be drawn up in one of the Community languages by the manufacturer or his authorized representative established in the Community. On being put into service, all machinery must be accompanied by a translation of the instructions in  the language or languages of the country in which the machinery is to be used and by the instructions in the original language. This translation must be done either by the manufacturer or his authorized representative established in the Community or by  the person introducing the machinery into the language area in question. By way of derogation from this requirement, the maintenance instructions for use by specialized personnel employed by the manufacturer or his authorized representative established  in the Community may be drawn up in only one of the Community languages understood by that personnel.';  (i) Section 1.7.4 (d) shall be replaced by the following:  'Any literature describing the machinery must not contradict the instructions as regards safety aspects. The technical documentation describing the machinery must give information regarding the airborne noise emissions referred to in (f) and, in the  case of hand-held and/or hand-guided machinery, information regarding vibration as referred to in 2.2.';  (j) the title of Section 2 shall be replaced by the following:  'ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR CERTAIN CATEGORIES OF MACHINERY';  (k) in Sections 2.1, 2.2 and 2.3, the following words shall be deleted:  'In addition to the essential health and safety requirements set out in 1 above,';  (l) in Section 3, the first paragraph shall be replaced by the following:  'Machinery presenting hazards due to mobility must be designed and constructed to meet the requirements set out below.';  (m) in Section 4, the first paragraph shall be replaced by the following:  'Machinery presenting hazards due to lifting operations - mainly hazards of load falls and collisions or hazards of tipping caused by a lifting operation - must be designed and constructed to meet the requirements set out below.';  (n) the following paragraph shall be added to Section 4.2.3:  'Machinery serving specific levels at which operators can gain access to the load platform in order to stack or secure the load must be designed and constructed to prevent uncontrolled movement of the load platform, in particular while being loaded or  unloaded.';  (o) the title of Section 5 shall be replaced by the following:  'ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY INTENDED FOR UNDERGROUND WORK';  (p) the first paragraph of Section 5 shall be replaced by the following:  'Machinery intended for underground work must be designed and constructed to meet the requirements set out below.';  (q) Section 6 in the Annex to this Directive shall be added;  11. Annex II shall be amended as follows:  (a) the title of point A shall be replaced by the following:  'Contents of the EC declaration of conformity for machinery (1)'.  (b) the first footnote shall be replaced by the following:  '(1) This declaration must be drawn up in the same language as the original instructions (see Annex I, Section 1.7.4 (b)) and must be either typewritten or handwritten in block capitals. It must be accompanied by a translation in one of the official  languages of the country in which the machinery is to be used. This translation must be done in accordance with the same conditions as for the translation of the instructions.';  (c) the following point shall be added:  'C. Contents of the EC declaration of conformity for safety components placed on the market separately (1).  The EC declaration of conformity must contain the following particulars:  - name and address of the manufacturer or his authorized representative established in the Community (2),  - description of the safety component (4),  - safety function fulfilled by the safety component, if not obvious from the description,  - where appropriate, the name and address of the notified body and the number of the EC type-examination certificate,  - where appropriate, the name and address of the notified body to which the file was forwarded in accordance with the first indent of Article 8 (2) (c),  - where appropriate, the name and address of the notified body which carried out the verification referred to in the second indent of Article 8 (2) (c),  - where appropriate, a reference to the harmonized standards,  - where appropriate, the national technical standards and specifications used,  - identification of the person empowered to sign on behalf of the manufacturer or his authorized representative established in the Community.';  (d) the following footnote 4 shall be added:  '(4) Description of the safety component (make, type, serial number, if any, etc.).';  12. Annex IV shall be amended as follows:  (a) the title shall be replaced by the following:  TYPES OF MACHINERY AND SAFETY COMPONENTS FOR WHICH THE PROCEDURE REFERRED TO IN ARTICLE 8 (2) (b) AND (c) MUST BE APPLIED';  (b) the following subtitle shall be inserted after the title:  'A. Machinery';  (c) Section 1 shall be replaced by the following:  '1. Circular saws (single or multi-blade) for working with wood and analogous materials or for working with meat and analogous materials.  1.1. Sawing machines with fixed tool during operation, having a fixed bed with manual feed of the workpiece or with a demountable power feed.  1.2. Sawing machines with fixed tool during operation, having a manually operated reciprocating saw-bench or carriage.  1.3. Sawing machines with fixed tool during operation, having a built-in mechanical feed device for the workpieces, with manual loading and/or unloading.  1.4. Sawing machines with movable tool during operation, with a mechanical feed device and manual loading and/or unloading.';  (d) Section 4 shall be replaced by the following:  '4. Band-saws with a fixed or mobile bed and band-saws with a mobile carriage, with manual loading and/or unloading, for working with wood and analogous materials or for working with meat and analogous materials.';  (e) Section 5 shall be replaced by the following:  '5. Combined machines of the types referred to in 1 to 4 and 7 for working with wood and analogous materials.';  (f) Section 7 shall be replaced by the following:  '7. Hand-fed vertical spindle moulding machines for working with wood and analogous materials.';  (g) the following shall be added to Section A:  '16. Devices for the lifting of persons involving a risk of falling from a vertical height of more than three metres.  17. Machines for the manufacture of pyrotechnics.';  (h) the following section shall be added:  'B. Safety components 1. Electro-sensitive devices designed specifically to detect persons in order to ensure their safety (non-material barriers, sensor mats, electromagnetic detectors, etc.).  2. Logic units which ensure the safety functions of bi-manual controls.  3. Automatic movable screens to protect the presses referred to in 9, 10 and 11.  4. Roll-over protection structures (ROPS).  5. Fallings-object protective structures (FOPS).';  13. the following shall be added after the title in Annex V:  'For the purposes of this Annex, 'machinery' means either 'machinery' or 'safety component' as defined in Article 1 (2).';  14. the following shall be added after the title in Annex VI:  'For the purposes of this Annex, 'machinery' means either 'machinery' or 'safety component' as defined in Article 1 (2).';  15. the following shall be added after the title in Annex VII:  'For the purposes of this Annex, 'machinery' means either 'machinery' or 'safety component' as defined in Article 1 (2).' Article 2  1. Before 1 July 1994 Member States shall adopt and publish the laws, regulations and administrative provisions necessary in order to comply with this Directive. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  Member States shall apply these provisions with effect from 1 January 1995.  2. By way of derogation from the third subparagraph of paragraph 1, Member States shall apply the laws, regulations and administrative provisions necessary to comply with the provisions listed below as from 1 July 1994:  - Article 1 (10) excluding (a), (b) and (q),  - Article 1 (11) (a) and (b),  - Article 1 (12) (c), (d), (e) and (f).  3. However, until 31 December 1996 Member States may allow the placing on the market and putting into service of safety components and of machinery for the lifting or moving of persons which conform with the national provisions in force in their  territories as at the date of adoption of this Directive.  4. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.  Article 3  This Directive is addressed to the Member States.  Done at Luxembourg, 14 June 1993.  For the Council The President J. TROEJBORG (1) OJ No C 25, 1. 2. 1992, p. 8; and OJ No C 252, 29. 9. 1992, p. 3.(2) OJ No C 241, 21. 9. 1992, p. 107; and OJ No C 72, 15. 3. 1993, p. 70.(3) OJ No C 223, 31. 8. 1992, p. 60.(4) OJ No L 183, 29. 6. 1989, p. 9. Directive as amended by  Directive 91/368/EEC (OJ No L 198, 22. 7. 1991, p. 16).   ANNEX  '6. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO THE LIFTING OR MOVING OF PERSONS.  Machinery presenting hazards due to the lifting or moving of persons must be designed and constructed to meet the requirements set out below.  6.1. General 6.1.1. Definition For the purposes of this Chapter, "carrier " means the device by which persons are supported in order to be lifted, lowered or moved.  6.1.2. Mechanical strength The working coefficients defined in heading 4 are inadequate for machinery intended for the lifting or moving of persons and must, as a general rule, be doubled. The floor of the carrier must be designed and constructed to offer the space and strength  corresponding to the maximum number of persons and the maximum working load set by the manufacturer.  6.1.3. Loading control for types of device moved by power other than human strength The requirements of 4.2.1.4 apply regardless of the maximum working load figure. This requirement does not apply to machinery in respect of which the manufacturer can demonstrate that there is no risk of overloading and/or overturning.  6.2. Controls 6.2.1. Where safety requirements do not impose other solutions:  The carrier must, as a general rule, be designed and constructed so that persons inside have means of controlling movements upwards and downwards and, if appropriate, of moving the carrier horizontally in relation to the machinery.  In operation, those controls must override the other devices controlling the same movement, with the exception of the emergency stop devices.  The controls for these movement must be of the maintained command type, except in the case of machinery serving specific levels.  6.2.2. If machinery for the lifting or moving of persons can be moved with the carrier in a position other than the rest position, it must be designed and constructed so that the person or persons in the carrier have the means of preventing hazards  produced by the movement of the machinery.  6.2.3. Machinery for the lifting or moving of persons must be designed, constructed or equipped so that excess speeds of the carrier do not cause hazards.  6.3. Risks of persons falling from the carrier 6.3.1. If the measures referred to in 1.1.15 are not adequate, carriers must be fitted with a sufficient number of anchorage points for the number of persons possibly using the carrier, strong enough for the attachment of personal protective equipment  against the danger of falling.  6.3.2. Any trapdoors in floors or ceilings or side doors must open in a direction which obviates any risk of falling should they open unexpectedly.  6.3.3. Machinery for lifting or moving must be designed and constructed to ensure that the floor of the carrier does not tilt to an extend which creates a risk of the occupants falling, including when moving.  The floor of the carrier must be slip-resistant.  6.4. Risks of the carrier falling or overturning 6.4.1. Machinery for the lifting or moving of persons must be designed and constructed to prevent the carrier falling or overturning.  6.4.2. Acceleration and braking of the carrier or carrying vehicle, under the control of the operator or triggered by a safety device and under the maximum load and speed conditions laid down by the manufacturer, must not cause any danger to exposed  persons.  6.5. Markings Where necessary to ensure safety, the carrier must bear the relevant essential information.'


Avis juridique important

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31964L0429

Council Directive 64/429/EEC of 7 July 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self- employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries)

Official Journal 117 , 23/07/1964 P. 1880 - 1892 Finnish special edition: Chapter 6 Volume 1 P. 0029  Danish special edition: Series I Chapter 1963-1964 P. 0146  Swedish special edition: Chapter 6 Volume 1 P. 0029  English special edition: Series I Chapter 1963-1964 P. 0155  Greek special edition: Chapter 06 Volume 1 P. 0045  Spanish special edition: Chapter 06 Volume 1 P. 0050  Portuguese special edition Chapter 06 Volume 1 P. 0050

++++( 1 ) OJ NO 2 , 15 . 1 . 1962 , P . 36/62 .  ( 2 ) OJ NO 2 , 15 . 1 . 1962 , P . 32/62 .  ( 3 ) OJ NO 182 , 12 . 12 . 1963 , P . 2891/63 .  ( 4 ) OJ NO 117 , 23 . 7 . 1964 , P . 1890/64 .  COUNCIL DIRECTIVE OF 7 JULY 1964 CONCERNING THE ATTAINMENT OF FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN RESPECT OF ACTIVITIES OF SELF-EMPLOYED PERSONS IN MANUFACTURING AND PROCESSING INDUSTRIES FALLING WITHIN ISIC MAJOR GROUPS 23-40 ( INDUSTRY AND SMALL CRAFT INDUSTRIES )  ( 64/429/EEC )  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 54 ( 2 ) AND ( 3 ) AND 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 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 ) ;  WHEREAS THE GENERAL PROGRAMMES PROVIDE FOR THE ABOLITION , BEFORE THE END OF THE SECOND YEAR OF THE SECOND STAGE , OF ALL DISCRIMINATORY TREATMENT BASED ON NATIONALITY WITH REGARD TO ESTABLISHMENT AND PROVISION OF SERVICES IN RESPECT OF A LARGE NUMBER OF ACTIVITIES IN THE MANUFACTURING AND PROCESSING INDUSTRIES ; WHEREAS IN THIS RESPECT THE PROGRAMMES MAKE NO DISTINCTION BETWEEN INDUSTRIAL UNDERTAKINGS AND SMALL CRAFT INDUSTRIES AS REGARDS THE DATE OF LIBERALISATION ; WHEREAS IT IS IN FACT IMPOSSIBLE TO PRESCRIBE A LATER DATE FOR THE LIBERALISATION OF SMALL CRAFT UNDERTAKINGS , AS THE LEGAL DEFINITIONS OF SMALL CRAFT INDUSTRIES VARY WIDELY FROM ONE COUNTRY TO ANOTHER AND DISTORTIONS COULD OCCUR IF LIBERALISATION OF UNDERTAKINGS WHICH LIKE ECONOMIC STRUCTURES WERE TO TAKE PLACE AT DIFFERENT TIMES ; WHEREAS , MOREOVER , THE CO-ORDINATION OF LEGISLATION IN RESPECT OF SMALL CRAFT INDUSTRIES REQUIRES EXTENSIVE PREPARATORY WORK WHICH WOULD ONLY DELAY THE APPLICATION OF LIBERALISATION MEASURES ; WHEREAS , HOWEVER , THE ABOLITION OF RESTRICTIONS IN RESPECT OF FOREIGN NATIONALS MUST BE ACCOMPANIED BY TRANSITIONAL MEASURES DESIGNED TO ALLEVIATE THE EFFECTS OF DISPARITIES BETWEEN NATIONAL LAWS , SUCH MEASURES BEING DEALT WITH IN A SEPARATE DIRECTIVE ;  WHEREAS THE MANUFACTURE OF MEDICINAL AND PHARMACEUTICAL PRODUCTS AND THE CONSTRUCTION OF CERTAIN TRANSPORT EQUIPMENT ARE NOT COVERED BY THE PROVISIONS OF THIS DIRECTIVE ; WHEREAS , IN ACCORDANCE WITH THE GENERAL PROGRAMMES , THOSE ACTIVITIES WILL BE LIBERALISED AT A LATER DATE ;  WHEREAS NEITHER DOES THIS DIRECTIVE APPLY TO SIGHT-TESTING ACTIVITIES CARRIED OUT BY OPTICIANS ; WHEREAS IT HAS BECOME EVIDENT THAT IN RESPECT OF SUCH ACTIVITIES , HAVING REGARD TO THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN FORCE IN THE MEMBER STATES , SPECIAL PROBLEMS ARISE CONCERNING THE PROTECTION OF PUBLIC HEALTH ; WHEREAS EXCLUSION OF THESE ACTIVITIES DOES NOT PRECLUDE CO-ORDINATION AS REGARDS THE FIELD COVERED BY THE PROFESSIONAL ACTIVITIES OF AN OPTICIAN ;  WHEREAS , SINCE THE ADOPTION OF THE GENERAL PROGRAMMES , THE EEC HAS DRAWN UP ITS OWN NOMENCLATURE OF INDUSTRIAL ACTIVITIES , ENTITLED " NOMENCLATURE OF INDUSTRIES IN THE EUROPEAN COMMUNITIES " ; WHEREAS THIS NOMENCLATURE , WHICH CONTAINS REFERENCES TO NATIONAL NOMENCLATURES , IS , WHILE FOLLOWING THE SAME DECIMAL CLASSIFICATION , BETTER ADAPTED TO THE NEEDS OF THE MEMBER STATES OF THE COMMUNITY THAN THE ISIC NOMENCLATURE ( INTERNATIONAL STANDARD INDUSTRIAL CLASSIFICATION OF ALL ECONOMIC ACTIVITIES ) ; WHEREAS THE NICE NOMENCLATURE SHOULD THEREFORE BE USED FOR THE CLASSIFICATION OF THE ACTIVITIES TO BE LIBERALISED IN CASES WHERE A DIRECTIVE COVERS A LARGE NUMBER OF ACTIVITIES AND IT IS NECESSARY , IN ORDER TO FACILITATE IMPLEMENTATION OF THE DIRECTIVE IN QUESTION , TO LIST SUCH ACTIVITIES IN DETAIL , PROVIDED THAT THIS WILL NOT HAVE THE EFFECT OF ALTERING THE TIMETABLE LAID DOWN IN THE GENERAL PROGRAMMES , WHICH WAS DRAWN UP ON THE BASIS OF THE ISIC NOMENCLATURE ; WHEREAS IN THE PRESENT CASE ADOPTION OF THE NICE NOMENCLATURE CANNOT HAVE SUCH EFFECT ;  WHEREAS SEPARATE DIRECTIVES , APPLICABLE TO ALL ACTIVITIES OF SELF-EMPLOYED PERSONS , CONCERNING PROVISIONS RELATING TO THE MOVEMENT AND RESIDENCE OF BENEFICIARIES , AND WHERE NECESSARY DIRECTIVE ON THE CO-ORDINATION OF THE SAFEGUARDS REQUIRED BY MEMBER STATES OF COMPANIES OR FIRMS FOR THE PROTECTION OF THE INTERESTS OF MEMBERS AND OF OTHERS , HAVE BEEN OR WILL BE ADOPTED ;  WHEREAS THE GENERAL PROGRAMME FOR THE ABOLITION OF RESTRICTIONS ON FREEDOM OF ESTABLISHMENT PROVIDES THAT RESTRICTIONS ON THE RIGHT TO JOIN PROFESSIONAL OR TRADE ORGANISATIONS MUST BE ABOLISHED WHERE THE PROFESSIONAL ACTIVITIES OF THE PERSON CONCERNED NECESSARILY INVOLVE THE EXERCISE OF THIS RIGHT ;  WHEREAS THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY CONTAINS NO PROVISIONS REGARDING FREEDOM OF ESTABLISHMENT OR FREEDOM TO PROVIDE SERVICES ; WHEREAS , THEREFORE , LIBERALISATION OF THE ACTIVITIES COVERED BY THIS DIRECTIVE COMES ENTIRELY UNDER THE PROVISIONS OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS , FOR THE PURPOSES OF APPLYING MEASURES CONCERNING FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES , COMPANIES OR FIRMS ARE TO BE TREATED IN THE SAME WAY AS NATURAL PERSONS WHO ARE NATIONALS OF MEMBER STATES , SUBJECT ONLY TO THE CONDITIONS LAID DOWN IN ARTICLE 58 AND , WHERE NECESSARY , TO THE CONDITION THAT THERE SHOULD EXIST A REAL AND CONTINUOUS LINK WITH THE ECONOMY OF A MEMBER STATE ; WHEREAS THEREFORE NO COMPANY OR FIRM MAY BE REQUIRED , IN ORDER TO OBTAIN THE BENEFIT OF SUCH MEASURES , TO FULFIL ANY ADDITIONAL CONDITION , AND IN PARTICULAR NO COMPANY OR FIRM MAY BE REQUIRED TO OBTAIN ANY SPECIAL AUTHORISATION NOT REQUIRED OF A DOMESTIC COMPANY OR FIRM WISHING TO PURSUE A PARTICULAR ECONOMIC ACTIVITY ; WHEREAS , HOWEVER , SUCH UNIFORMITY OF TREATMENT SHOULD NOT PREVENT MEMBER STATES FROM REQUIRING THAT A COMPANY HAVING A SHARE CAPITAL SHOULD OPERATE IN THEIR COUNTRIES UNDER THE DESCRIPTION BY WHICH IT IS KNOWN IN THE LAW OF THE MEMBER STATE UNDER WHICH IT IS CONSTITUTED , AND THAT IT SHOULD INDICATE THE AMOUNT OF THE SUBSCRIBED CAPITAL ON THE BUSINESS PAPERS WHICH IT USES IN THE HOST MEMBER STATE ;  WHEREAS THE POSITION OF PAID EMPLOYEES ACCOMPANYING A PERSON PROVIDING SERVICES OR ACTING ON HIS BEHALF WILL BE GOVERNED BY THE PROVISIONS LAID DOWN IN PURSUANCE OF ARTICLES 48 AND 49 OF THE TREATY ;  WHEREAS EFFECTIVE LIBERALISATION OF THE ACTIVITIES COVERED BY THIS DIRECTIVE REQUIRES LIBERALISATION OF THE SALE OF THEIR PRODUCTS BY THE PRODUCERS IN QUESTION , INCLUDING RETAIL SALE , BUT IN SUCH A WAY AS TO AVOID CAUSING ANY DISTURBANCE OF THE CONDITIONS OF COMPETITION IN RETAIL TRADE , WHICH IS TO BE LIBERALISED UNDER A LATER 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 REFERRED TO IN ARTICLE 2 OF THIS DIRECTIVE .  ARTICLE 2  1 . THE PROVISIONS OF THIS DIRECTIVE SHALL APPLY TO ACTIVITIES OF SELF-EMPLOYED PERSONS IN THE MANUFACTURING AND PROCESSING INDUSTRIES LISTED WITHIN MAJOR GROUPS 23-40 IN ANNEX I TO THE GENERAL PROGRAMME FOR THE ABOLITION OF RESTRICTIONS ON FREEDOM OF ESTABLISHMENT . SUCH ACTIVITIES CORRESPOND TO THOSE LISTED IN MAJOR GROUPS 23-40 OF THE " NOMENCLATURE OF INDUSTRIES IN THE EUROPEAN COMMUNITIES " ( NICE ) , WHICH TAKES INTO ACCOUNT THE PARTICULAR STRUCTURE OF THE EUROPEAN MANUFACTURING AND PROCESSING INDUSTRIES ; THE ACTIVITIES IN QUESTION ARE SET OUT IN THE ANNEX TO THIS DIRECTIVE .  2 . THE PROVISIONS OF THIS DIRECTIVE SHALL APPLY ALSO TO THE SALE OF THEIR OWN PRODUCTS , WHETHER WHOLESALE OR RETAIL , BY MANUFACTURERS . HOWEVER , WHERE ACTIVITIES OF SELF-EMPLOYED PERSONS IN RESPECT OF TRADE IN THE PRODUCTS IN QUESTION HAVE NOT BEEN LIBERALISED BY OTHER DIRECTIVES , SUCH ACTIVITIES SHALL BE RESTRICTED TO SELLING IN A SINGLE ESTABLISHMENT IN THE COUNTRY OF PRODUCTION .  ARTICLE 3  1 . ACTIVITIES IN THE FOLLOWING FIELDS SHALL , IN ALL MEMBER STATES , BE EXCLUDED FROM THE SCOPE OF THIS DIRECTIVE :  ( A ) THE CHEMICAL INDUSTRY :  - MANUFACTURE OF MEDICINAL AND PHARMACEUTICAL PRODUCTS ;  ( B ) MANUFACTURE OF TRANSPORT EQUIPMENT :  - SHIP BUILDING AND REPAIRING ;  - CONSTRUCTION OF RAIL AND TRAMWAY LOCOMOTIVES AND ROLLING STOCK AND PARTS THEREOF ;  - AIRCRAFT MANUFACTURE ( INCLUDING MANUFACTURE OF EQUIPMENT FOR USE IN SPACE ) .  2 . THIS DIRECTIVE SHALL NOT APPLY TO SIGHT TESTING CARRIED OUT BY OPTICIANS WITH A VIEW TO THE MANUFACTURE OF SPECTACLES .  ARTICLE 4  1 . MEMBER STATES SHALL IN PARTICULAR ABOLISH THE FOLLOWING RESTRICTIONS :  ( A ) THOSE WHICH PREVENT BENEFICIARIES FROM ESTABLISHING THEMSELVES OR 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 PREVENT OR LIMIT ESTABLISHMENT OR PROVISION OF SERVICES BY BENEFICIARIES BY THE FOLLOWING MEANS :  ( A ) IN THE FEDERAL REPUBLIC OF GERMANY  - THE REQUIREMENT THAT , FOR THE PURPOSE OF SOLICITING IN PERSON THE CUSTOM OF OTHER PERSONS IN CONNECTION WITH THEIR BUSINESS ACTIVITIES , A PERSON SHALL HOLD AN ITINERANT TRADER'S CARD ( REISEGEWERBEKARTE ) ( GEWERBEORDNUNG , PARAGRAPH 55D ; VERORDNUNG OF 30 NOVEMBER 1960 ) ;  - THE REQUIREMENT THAT ANY FOREIGN LEGAL PERSON WISHING TO PURSUE PROFESSIONAL OR TRADE ACTIVITIES ON FEDERAL TERRITORY MUST OBTAIN SPECIAL AUTHORISATION ( GEWERBEORDNUNG , PARAGRAPH 12 ; AKTIENGESETZ , PARAGRAPH 292 ) ;  ( B ) IN BELGIUM  - THE OBLIGATION TO HOLD A CARTE PROFESSIONNELLE ( ARRETE ROYAL NO 62 OF 16 NOVEMBER 1939 ; ARRETE MINISTERIEL OF 17 DECEMBER 1945 AND ARRETE MINISTERIEL OF 11 MARCH 1954 ) ;  ( C ) IN FRANCE  - THE OBLIGATION TO HOLD A CARTE SPECIALE D ' ETRANGER ( DECRET-LOI OF 12 NOVEMBER 1938 , LAW OF 8 OCTOBER 1940 ) ;  - THE REQUIREMENT , IN THE CASE OF PETROLEUM REFINING COMPANIES HOLDING SPECIAL AUTHORISATIONS TO IMPORT CRUDE OIL , PETROLEUM PRODUCTS AND RESIDUES , THAT THE CHAIRMAN OF THE BOARD OF DIRECTORS ( CONSEIL D ' ADMINISTRATION ) , THE CHAIRMAN AND CHIEF EXECUTIVE ( PRESIDENT-DIRECTEUR GENERAL ) AND A MAJORITY OF THE MEMBERS OF THE BOARD OF DIRECTORS BE OF FRENCH NATIONALITY , AND THE REQUIREMENT THAT THE HOLDER OF SUCH AUTHORISATION RESERVE A CERTAIN NUMBER OF POSTS WITHIN THE ADMINISTRATIVE , TECHNICAL AND COMMERCIAL MANAGEMENT OF THE UNDERTAKING FOR FRENCH STAFF ( ARTICLE 16 OF DECRETS NOS 53-198 TO 63-207 AND ARTICLE 17 OF DECRETS NOS 63-199 TO 63-204 , OF 27 FEBRUARY 1963 ) ;  ( D ) IN ITALY  - THE RULE THAT FOREIGN NATIONALS WISHING TO OBTAIN THE SPECIAL AUTHORISATION FROM THE QUESTORE REQUIRED IN RESPECT OF CERTAIN PRODUCTS SHALL HOLD A CONSULAR VISA ( CONSOLIDATED TEXT OF THE LEGGI DI PUBBLICA SICUREZZA , ARTICLE 127 , PARAGRAPH 5 , LAST SENTENCE ) ;  ( E ) IN LUXEMBOURG  - THE LIMITED PERIOD OF VALIDITY OF AUTHORISATIONS GRANTED TO FOREIGN NATIONALS PURSUANT TO ARTICLE 21 OF THE LUXEMBOURG LAW OF 2 JUNE 1962 ( MEMORIAL A NO 31 OF 19 JUNE 1962 ) .  ARTICLE 5  1 . MEMBER STATES SHALL ENSURE THAT BENEFICIARIES UNDER THIS DIRECTIVE HAVE THE RIGHT TO JOIN PROFESSIONAL OR TRADE ORGANISATIONS UNDER THE SAME CONDITIONS AND WITH THE SAME RIGHTS AND OBLIGATIONS AS THEIR OWN NATIONALS .  2 . IN THE CASE OF ESTABLISHMENT , THE RIGHT TO JOIN PROFESSIONAL OR TRADE ORGANISATIONS SHALL ENTAIL ELIGIBILITY FOR ELECTION OR APPOINTMENT TO MANAGERIAL POSTS IN SUCH ORGANISATIONS . HOWEVER , SUCH MANAGERIAL POSTS MAY BE RESERVED FOR NATIONALS WHERE , IN PURSUANCE OF ANY PROVISION LAID DOWN BY LAW OR REGULATION , THE ORGANISATION CONCERNED IS INVOLVED IN THE EXERCISE OF OFFICIAL AUTHORITY .  3 . IN THE GRAND DUCHY OF LUXEMBOURG , MEMBERSHIP OF THE CHAMBRE DE COMMERCE OR OF THE CHAMBRE DES METIERS SHALL NOT GIVE BENEFICIARIES THE RIGHT TO TAKE PART IN THE ELECTION OF THE ADMINISTRATIVE ORGANS OF THOSE CHAMBERS .  ARTICLE 6  NO MEMBER STATE SHALL GRANT TO ANY OF ITS NATIONALS WHO GO TO ANOTHER MEMBER STATE FOR THE PURPOSE OF PURSUING ANY ACTIVITY REFERRED TO IN ARTICLE 2 ANY AID LIABLE TO DISTORT THE CONDITIONS OF ESTABLISHMENT .  ARTICLE 7  1 . WHERE A HOST MEMBER STATE REQUIRES OF ITS OWN NATIONALS WISHING TO TAKE UP ANY ACTIVITY REFERRED TO IN ARTICLE 2 PROOF OF GOOD REPUTE AND PROOF THAT THEY HAVE NOT PREVIOUSLY BEEN DECLARED BANKRUPT , OR PROOF OF EITHER ONE OF THESE , THAT STATE SHALL ACCEPT AS SUFFICIENT EVIDENCE , IN RESPECT OF NATIONALS OF OTHER MEMBER STATES , THE PRODUCTION OF AN EXTRACT FROM THE " JUDICIAL RECORD " OR , FAILING THIS , OF AN EQUIVALENT DOCUMENT ISSUED BY A COMPETENT JUDICIAL OR ADMINISTRATIVE AUTHORITY IN THE COUNTRY OF ORIGIN OR THE COUNTRY WHENCE THE FOREIGN NATIONAL COMES SHOWING THAT THESE REQUIREMENTS HAVE BEEN MET .  2 . WHERE THE COUNTRY OF ORIGIN OR THE COUNTRY WHENCE THE FOREIGN NATIONAL COMES DOES NOT ISSUE SUCH DOCUMENTARY PROOF OF NO PREVIOUS BANKRUPTCY , SUCH PROOF MAY BE REPLACED BY A DECLARATION ON OATH MADE BY THE PERSON CONCERNED BEFORE A JUDICIAL OR ADMINISTRATIVE AUTHORITY , A NOTARY , OR A COMPETENT PROFESSIONAL OR TRADE BODY , IN THE COUNTRY OF ORIGIN OR IN THE COUNTRY WHENCE THAT PERSON COMES .  3 . DOCUMENTS ISSUED IN ACCORDANCE WITH PARAGRAPH 1 OR WITH PARAGRAPH 2 MAY NOT BE PRODUCED MORE THAN THREE MONTHS AFTER THEIR DATE OF ISSUE .  4 . 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 .  5 . WHERE IN THE HOST MEMBER STATE PROOF OF FINANCIAL STANDING IS REQUIRED , THAT STATE SHALL REGARD CERTIFICATES ISSUED BY BANKS IN THE COUNTRY OF ORIGIN OR IN THE COUNTRY WHENCE THE FOREIGN NATIONAL COMES AS EQUIVALENT TO CERTIFICATES ISSUED IN ITS OWN TERRITORY .  ARTICLE 8  MEMBER STATES SHALL ADOPT THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN SIX MONTHS OF ITS NOTIFICATION AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 9  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 7 JULY 1964 .  FOR THE COUNCIL  THE PRESIDENT  KURT SCHMUECKER  ANNEX  LIST OF ACTIVITIES COVERED BY THIS DIRECTIVE , BASED ON THE " NOMENCLATURE OF INDUSTRIES IN THE EUROPEAN COMMUNITIES " ( NICE ) ( 1 )  GROUP  MAJOR GROUP 23 * MANUFACTURE OF TEXTILES  232 MANUFACTURING AND PROCESSING OF TEXTILE MATERIALS ON WOOLLEN MACHINERY  233 MANUFACTURING AND PROCESSING OF TEXTILE MATERIALS ON COTTON MACHINERY  234 MANUFACTURING AND PROCESSING OF TEXTILE MATERIALS ON SILK MACHINERY  235 MANUFACTURING AND PROCESSING OF TEXTILE MATERIALS ON FLAX AND HEMP MACHINERY  236 OTHER TEXTILE FIBRE INDUSTRIES ( JUTE , HARD FIBRES , ETC . ) , CORDAGE  237 MANUFACTURE OF KNITTED AND CROCHETED GOODS  238 TEXTILE FINISHING  239 OTHER TEXTILE INDUSTRIES  MAJOR GROUP 24 * MANUFACTURE OF FOOTWEAR , OTHER WEARING APPAREL AND BEDDING  241 MACHINE MANUFACTURE OF FOOTWEAR ( EXCEPT FROM RUBBER OR WOOD )  242 MANUFACTURE BY HAND AND REPAIR OF FOOTWEAR  243 MANUFACTURE OF WEARING APPAREL ( EXCEPT FURS )  244 MANUFACTURE OF MATTRESSES AND BEDDING  245 SKIN AND FUR INDUSTRIES  MAJOR GROUP 25 * MANUFACTURES OF WOOD AND CORK , EXCEPT MANUFACTURE OF FURNITURE  251 SAWING AND INDUSTRIAL PREPARATION OF WOOD  252 MANUFACTURE OF SEMI-FINISHED WOOD PRODUCTS  253 SERIES PRODUCTION OF WOODEN BUILDING COMPONENTS INCLUDING FLOORING  254 MANUFACTURE OF WOODEN CONTAINERS  255 MANUFACTURE OF OTHER WOODEN PRODUCTS ( EXCEPT FURNITURE )  259 MANUFACTURE OF STRAW , CORK , BASKETWARE , WICKER-WORK AND RATTAN PRODUCTS ; BRUSH-MAKING  MAJOR GROUP 26 * 260 * MANUFACTURE OF WOODEN FURNITURE  MAJOR GROUP 27 * MANUFACTURE OF PAPER AND PAPER PRODUCTS  271 MANUFACTURE OF PULP , PAPER AND PAPERBOARD  272 PROCESSING OF PAPER AND PAPERBOARD , AND MANUFACTURE OF ARTICLES OF PULP  MAJOR GROUP 28 * 280 * PRINTING , PUBLISHING AND ALLIED INDUSTRIES  MAJOR GROUP 29 * LEATHER INDUSTRY  291 TANNERIES AND LEATHER FINISHING PLANTS  292 MANUFACTURE OF LEATHER PRODUCTS  EX MAJOR GROUP 30 * MANUFACTURE OF RUBBER AND PLASTIC PRODUCTS , MAN-MADE FIBRES AND STARCH PRODUCTS  301 PROCESSING OF RUBBER AND ASBESTOS  302 PROCESSING OF PLASTIC MATERIALS  303 PRODUCTION OF MAN-MADE FIBRES  EX MAJOR GROUP 31 * CHEMICAL INDUSTRY  311 MANUFACTURE OF CHEMICAL BASE MATERIALS AND FURTHER PROCESSING OF SUCH MATERIALS  312 SPECIALISED MANUFACTURE OF CHEMICAL PRODUCTS PRINCIPALLY FOR INDUSTRIAL AND AGRICULTURAL PURPOSES ( INCLUDING THE MANUFACTURE FOR INDUSTRIAL USE OF FATS AND OILS OF VEGETABLE OR ANIMAL ORIGIN FALLING WITHIN ISIC GROUP 312 ) ( 2 )  313 SPECIALISED MANUFACTURE OF CHEMICAL PRODUCTS PRINCIPALLY FOR DOMESTIC OR OFFICE USE ( EXCLUDING THE MANUFACTURE OF MEDICINAL AND PHARMACEUTICAL PRODUCTS ( ISIC EX GROUP 319 ) )  MAJOR GROUP 32 * 320 * PETROLEUM INDUSTRY  MAJOR GROUP 33 * MANUFACTURE OF NON-METALLIC MINERAL PRODUCTS  331 MANUFACTURE OF STRUCTURAL CLAY PRODUCTS  332 MANUFACTURE OF GLASS AND GLASS PRODUCTS  333 MANUFACTURE OF CERAMIC PRODUCTS , INCLUDING REFRACTORY GOODS  334 MANUFACTURE OF CEMENT , LIME AND PLASTER  335 MANUFACTURE OF STRUCTURAL MATERIALS , IN CONCRETE , CEMENT AND PLASTER  339 STONE WORKING AND MANUFACTURE OF OTHER NON-METALLIC MINERAL PRODUCTS  MAJOR GROUP 34 * PRODUCTION AND PRIMARY TRANSFORMATION OF FERROUS AND NON-FERROUS METALS  341 IRON AND STEEL INDUSTRY ( AS DEFINED IN THE ECSC TREATY , INCLUDING INTEGRATED STEELWORKS-OWNED COKING PLANTS )  342 MANUFACTURE OF STEEL TUBES  343 WIRE-DRAWING , COLD-DRAWING , COLD-ROLLING OF STRIP , COLD-FORMING  344 PRODUCTION AND PRIMARY TRANSFORMATION OF NON-FERROUS METALS  345 FERROUS AND NON-FERROUS METAL FOUNDRIES  MAJOR GROUP 35 * MANUFACTURE OF METAL PRODUCTS ( EXCEPT MACHINERY AND TRANSPORT EQUIPMENT )  351 FORGING , HEAVY STAMPING AND HEAVY PRESSING  352 SECONDARY TRANSFORMATION AND SURFACE-TREATMENT  353 METAL STRUCTURES  354 BOILERMAKING , MANUFACTURE OF INDUSTRIAL HOLLOW-WARE  355 MANUFACTURE OF TOOLS AND IMPLEMENTS AND FINISHED ARTICLES OF METAL ( EXCEPT ELECTRICAL EQUIPMENT )  359 ANCILLARY MECHANICAL ENGINEERING ACTIVITIES  MAJOR GROUP 36 * MANUFACTURE OF MACHINERY OTHER THAN ELECTRICAL MACHINERY  361 MANUFACTURE OF AGRICULTURAL MACHINERY AND TRACTORS  362 MANUFACTURE OF OFFICE MACHINERY  363 MANUFACTURE OF METAL-WORKING AND OTHER MACHINE-TOOLS AND FIXTURES AND ATTACHMENTS FOR THESE AND FOR OTHER POWERED TOOLS  364 MANUFACTURE OF TEXTILE MACHINERY AND ACCESSORIES , MANUFACTURE OF SEWING MACHINES  365 MANUFACTURE OF MACHINERY AND EQUIPMENT FOR THE FOOD-MANUFACTURING AND BEVERAGE INDUSTRIES AND FOR THE CHEMICAL AND ALLIED INDUSTRIES  366 MANUFACTURE OF PLANT AND EQUIPMENT FOR MINES , IRON AND STEEL WORKS FOUNDRIES , AND FOR THE CONSTRUCTION INDUSTRY ; MANUFACTURE OF MECHANICAL HANDLING EQUIPMENT  367 MANUFACTURE OF TRANSMISSION EQUIPMENT  368 MANUFACTURE OF MACHINERY FOR OTHER SPECIFIC INDUSTRIAL PURPOSES  369 MANUFACTURE OF OTHER NON-ELECTRICAL MACHINERY AND EQUIPMENT  MAJOR GROUP 37 * ELECTRICAL ENGINEERING  371 MANUFACTURE OF ELECTRIC WIRING AND CABLES  372 MANUFACTURE OF MOTORS , GENERATORS , TRANSFORMERS , SWITCHGEAR , AND OTHER SIMILAR EQUIPMENT FOR THE PROVISION OF ELECTRIC POWER  373 MANUFACTURE OF ELECTRICAL EQUIPMENT FOR DIRECT COMMERCIAL USE  374 MANUFACTURE OF TELECOMMUNICATIONS EQUIPMENT , METERS , OTHER MEASURING APPLIANCES AND ELECTROMEDICAL EQUIPMENT  375 MANUFACTURE OF ELECTRONIC EQUIPMENT , RADIO AND TELEVISION RECEIVERS , AUDIO EQUIPMENT  376 MANUFACTURE OF ELECTRIC APPLIANCES FOR DOMESTIC USE  377 MANUFACTURE OF LAMPS AND LIGHTING EQUIPMENT  378 MANUFACTURE OF BATTERIES AND ACCUMULATORS  379 REPAIR , ASSEMBLY , AND SPECIALIST INSTALLATION OF ELECTRICAL EQUIPMENT ( 3 )  EX MAJOR GROUP 38 * MANUFACTURE OF TRANSPORT EQUIPMENT  383 MANUFACTURE OF MOTOR VEHICLES AND PARTS THEREOF  384 REPAIR OF MOTOR VEHICLES , MOTORCYCLES AND CYCLES  385 MANUFACTURE OF MOTORCYCLES , CYCLES AND PARTS THEREOF  389 MANUFACTURE OF TRANSPORT EQUIPMENT NOT ELSEWHERE CLASSIFIED  MAJOR GROUP 39 * MISCELLANEOUS MANUFACTURING INDUSTRIES  391 MANUFACTURE OF PRECISION INSTRUMENTS , AND MEASURING AND CONTROLLING INSTRUMENTS  392 MANUFACTURE OF MEDICO-SURGICAL INSTRUMENTS AND EQUIPMENT AND ORTHOPAEDIC APPLIANCES ( EXCEPT ORTHOPAEDIC FOOTWEAR )  393 MANUFACTURE OF PHOTOGRAPHIC AND OPTICAL EQUIPMENT  394 MANUFACTURE AND REPAIR OF WATCHES AND CLOCKS  395 JEWELLERY AND PRECIOUS METAL MANUFACTURING  396 MANUFACTURE AND REPAIR OF MUSICAL INSTRUMENTS  397 MANUFACTURE OF GAMES , TOYS , SPORTING AND ATHLETIC GOODS  399 OTHER MANUFACTURING INDUSTRIES  MAJOR GROUP 40 * CONSTRUCTION  400 CONSTRUCTION ( NON-SPECIALISED ) ; DEMOLITION  401 CONSTRUCTION OF BUILDINGS ( DWELLINGS OR OTHER )  402 CIVIL ENGINEERING ; BUILDING OF ROADS , BRIDGES , RAILWAYS , ETC .  403 INSTALLATION WORK  404 DECORATING AND FINISHING  ( 1 ) THIS LIST HAS BEEN COMPILED IN THE COMMUNITY LANGUAGES ON THE BASIS OF THE " NOMENCLATURE OF INDUSTRIES IN THE EUROPEAN COMMUNITIES " ( NICE ) - SUPPLEMENTARY ISSUE IN THE SERIES " INDUSTRIAL STATISTICS " , STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES , BRUSSELS , JUNE 1963 .  ( 2 ) THE MANUFACTURE OF MARGARINE AND FOOD FATS , IN BOTH NICE ( GROUP 200 ) AND ISIC ( PART OF GROUP 209 ) , FALLS WITHIN THE FOOD MANUFACTURING INDUSTRY ( ANNEX II OF THE GENERAL PROGRAMMES ) .  ( 3 ) INSTALLATION OF ELECTRICITY IN BUILDINGS IS CLASSIFIED UNDER 403 .


Avis juridique important

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31991L0027

Tenth Commission Directive 91/27/EEC of 19 December 1990 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 016 , 22/01/1991 P. 0029 - 0030 Finnish special edition: Chapter 3 Volume 36 P. 0095  Swedish special edition: Chapter 3 Volume 36 P. 0095

TENTH COMMISSION DIRECTIVE  of 19 December 1990  amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products  (91/27/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (1), as last amended by Commission Directive 90/506/EEC (2), and in  particular Article 13, second paragraph, indents three and four thereof,  Whereas Directive 77/93/EEC laid down protective measures against the introduction into the Member States of organisms harmful to plants or plant products; whereas the harmful organisms concerned are listed in Annex II to that Directive; whereas a list  of commodities which are subject to an import ban under some conditions is also given in Annex III; whereas this Directive also specified special requirements, which are to be met in order to have better guarantees of freedom from the abovementioned  harmful organisms;  Whereas the scope of the Directive should be clarified in respect of intergeneric hybrids resulting from crosses between the genera Citrus L., Fortunella Swingle and Poncirus Raf.;  Whereas therefore the relevant Annexes of Directive 77/93/EEC should be amended accordingly;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:     Article 1   Directive 77/93/EEC is hereby amended in accordance with the Annex hereto.   Article 2   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive by 1 April 1991 at the latest. These shall make express reference to this Directive.  Member States shall immediately inform the Commission of all laws, regulations and administrative provisions adopted in implementation of this Directive.  The Commission shall inform the other Member States thereof.   Article 3   This Directive is addressed to the Member States.    Done at Brussels, 19 December 1990.  For the Commission   Ray MAC SHARRY   Member of the Commission   (1) OJ No L 26, 31. 1. 1977, p. 20. (2)  OJ No L 282, 13. 10. 1990, p. 67.    ANNEX  1. In Annex I (B) (d), the left hand column is altered as follows:  'Viruses of plants of Citrus L., Fortunella Swingle, Poncirus Raf., or their hybrids'.  2. In Annex II (A) (a) (7a), the right hand column is altered as follows:  'Plants of Citrus L., Fortunella Swingle, Poncirus Raf., or their hybrids, and plants of Araceae, Marantaceae, Musaceae, Persea americana P. Mill., Strelitziaceae, rooted or with growing medium attached or accompanying'.  3. In Annex II (B) (a) (01), the middle column is altered as follows:  'Plants of Citrus L., Fortunella Swingle, Poncirus Raf., or their hybrids, intended for planting other than seeds'.  4. In Annex II (B) (a) (10a), the middle column is altered as follows:  'Plants of Citrus L., Fortunella Swingle, Poncirus Raf., or their hybrids, Malus Mill. and Pyrus L. intended for planting, other than seeds'.  5. In Annex II (B) (a) (12), the middle column is altered as follows:  'Plants of Citrus L., Fortunella Swingle, Poncirus Raf., or their hybrids, intended for planting, other than seeds'.  6. In Annex II (B) (c) (2) and Annex II (B) (c) (4), the middle column is altered as follows:  'Plants of Citrus L., Fortunella Swingle, Poncirus Raf., or their hybrids'.  7. In Annex III (A) (11), the left hand column is altered as follows:  'Plants of Citrus L., Fortunella Swingle, Poncirus Raf., or their hybrids, other than fruit, seeds and parts of plants used for decoration'.  8. In Annex III (B) (1), the left hand column is altered as follows:  'Plants of Citrus L., Fortunella Swingle, Poncirus Raf., or their hybrids'.  9. In Annex IV (A) (15a), the left hand column is altered as follows:  'Plants of Citrus L., Fortunella Swingle, Poncirus Raf., or their hybrids, and plants of Araceae, Marantaceae, Musaceae, Persea americana P. Mill., Strelitziaceae, rooted or with growing medium attached or associated, originating in or coming from third  countries'.  10. In Annex IV (B) (8), the left hand column is altered as follows:  'Plants of Citrus L., Fortunella Swingle, Poncirus Raf., or their hybrids, other than fruit and seeds'.


title: Council Directive 77/390/EEC of 17 May 1977 amending Directive 72/159/EEC on the modernization of farms

text:
 13 . 6 . 77                                Official Journal of the European Communities                            No L 145/43
                                                        COUNCIL DIRECTIVE
                                                            of 17 May 1977
                                  amending Directive 72/ 159/EEC on the modernization of farms
                                                             (77/390/EEC)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              would seem appropriate to authorize the Member States
                                                                       to continue to apply until 3 1 December 1977 the measures
                                                                       in force on 15 March 1977 under Article 14 (2) (a),
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 43
 thereof,                                                              HAS ADOPTED THIS DIRECTIVE :
 Having regard to the proposal from the Commission,
 Having regard to the opinion of the European Parlia                                           Article 1
 ment (*),
Whereas under Article 14 (2 ) (a) of Council Directive                 The period laid down in Article 14 (2) (a) of Directive
                                                                       72/ 159/EEC shall be extended until 3 1 December 1977 as
72/ 159/EEC of 17 April 1972 on the modernization of
farms (2 ), as amended by Council Directive                            regards the measures under that Article in force in the
                                                                       Member States on 15 March 1977.
76/837/EEC (3 ), Member States may, during a period of
five years from the time when the Directive takes effect,
grant temporary aids to farmers who are not capable of
attaining the level of earned income laid down under Arti
cle 4 of that Directive and who are not yet eligible for the                                    Article 2
annuities provided for in Article 2 ( 1 ) of Council Directive
72/ 160/EEC of 17 April 1972 concerning measures to en                This Directive is addressed to the Member States.
courage the cessation of farming and the reallocation of
utilized agricultural area for the purposes of structural
improvement (4 );                                                      Done at Brussels, 17 May 1977.
Whereas this period of five years expired on 17 April
1977 ;                                                                                For the Council
                                                                                The President
Whereas, pending the re-examination of Directive
72/ 159/EEC provided for in Article 16 of that Directive, it                                                J. SILKIN
 0) OJ No C 133 , 6. 6 . 1977, p. 43 .
 (2 ) OJ No L 96 , 23 . 4. 1972, p. 1 .
 (3 ) OJ No L 302, 4 . 11 . 1976 , p . 19 .
(4 ) OJ No L 96 , 23 . 4 . 1972 , p . 9 .


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31970L0451

Council Directive 70/451/EEC of 29 September 1970 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in film production

Official Journal L 218 , 03/10/1970 P. 0037 - 0038 Finnish special edition: Chapter 6 Volume 1 P. 0095  Danish special edition: Series I Chapter 1970(II) P. 0546  Swedish special edition: Chapter 6 Volume 1 P. 0095  English special edition: Series I Chapter 1970(II) P. 0620  Greek special edition: Chapter 06 Volume 1 P. 0121  Spanish special edition: Chapter 06 Volume 1 P. 0117  Portuguese special edition Chapter 06 Volume 1 P. 0117

COUNCIL DIRECTIVE  of 29 September 1970  concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in film production  (70/451/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2) and (3) and 63 (2) and (3) thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment, (1) and in particular Titles III and IV thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services, (2) and in particular Titles III and IV 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);  Whereas this Directive covers activities of self-employed persons in film production, as listed under ISIC Group 841 ; whereas the activities of film studios or undertakings whose services are available to a producer and the activities of the persons directly involved with the producer in the making of a film are governed by special laws ; such activities are therefore dealt with in separate Directives;  Whereas, in accordance with Article 54 (3) (h), the conditions of establishment must not be distorted by aids granted by the Member State of origin of any beneficiary under 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 organisations must be abolished where the professional activities of the person concerned necessarily involve the exercise of this right;  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.   Article 2 The provisions of this Directive shall apply to activities of self-employed persons in film production, as referred to in Annex IV to the General Programme for the abolition of. restrictions on freedom of establishment (ex Group 841, ex Major Group 84).  They shall not apply to the activities of the persons directly involved with the producer in the making of a film.   Article 3 1. Member States shall in particular abolish the following restrictions:    (a) those which prevent beneficiaries from establishing themselves or providing services in the host country under the same conditions and with the same rights as nationals of that country;  (1)OJ No 2, 15.1.1962, p. 36/62. (2)OJ No 2, 15.1.1962, p. 32/62. (3)OJ No C 65, 5.6.1970, p. 11. (4)OJ No C 28, 9.3.1970, p. 5.        (b) those existing by reason of administrative practices which result in treatment being applied to beneficiaries that is discriminatory in comparison with that applied to nationals.         2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit establishment or provision of services by beneficiaries by the following means:    (a) in Belgium      - the obligation to hold a carte professionelle (Article 1 of the Law of 19 February 1965);           - the requirement that film producers, whether natural or legal persons, be of Belgian nationality or that there be reciprocal arrangements (Arrêté royal of 23 October 1963, Article 3 (1) (a)) and the requirement that producers of newsreel films, whether natural or legal persons, be of Belgian nationality (Arrêté royal of 23 October 1963, Article 3 (2) (a));                  (b) in France      - the obligation to hold a carte d'identité d'étranger commercant (Décret-loi of 12 November 1938, Law of 8 October 1940, Law of 14 April 1954, Décret No 59-852 of 9 July 1959);           - the requirement that a person wishing to receive financial aid towards production shall be of French nationality (Article 14 of Décret No 59-1512 of 30 December 1959);           - exclusion from the right to renew commercial leases (Article 38 of Décret of 30 September 1953);                  (c) in Italy  - the requirement that producers, whether natural or legal persons, be of Italian nationality (Law No 1213 of 4 November 1965);       (d) in Luxembourg  - the limited period of validity of authorisations granted to foreign nationals (Article 21 of the Law of 2 June 1962).   Article 4 No Member State shall grant to any of its nationals who go to another Member State for the purpose of pursuing any activity referred to in Article 2 any aid liable to distort the conditions of establishment.   Article 5 1. Member States shall ensure that beneficiaries have the right to join professional or trade organisations under the same conditions and with the same rights and obligations as their own nationals.  2. In the case of establishment, the right to join professional or trade organisations shall entail eligibility for election or appointment to high office in such organisations. However, such posts may be reserved for nationals where, in pursuance of any provision laid down by law or regulation, the organisation concerned is connected with the exercise of official authority.  3. In the Grand Duchy of Luxembourg, membership of the Chambre de commerce or of the Chambre des métiers shall not give beneficiaries the right to take part in the election of the administrative organs of those Chambers.   Article 6 1. Where a host Member State requires of its own nationals wishing to take up or pursue any activity referred to in Article 2 proof of good repute and proof that they have not previously been declared bankrupt, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of an extract from the "judicial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or the country whence the foreign national comes, showing that these requirements have been met.  Where the country of origin or the country whence the foreign national comes does not issue such documentary proof of no previous bankruptcy, such proof may be replaced by a declaration on oath made by the person concerned before a judicial or administrative authority, a notary, or a competent professional or trade body, in the country of origin or in the country whence that person comes.  2. Documents issued in accordance with paragraph 1 may not be produced more than three months after their date of issue.  3. Member States shall, within the time limit laid down in Article 7, designate the authorities and bodies competent to issue these documents and shall forthwith inform the other Member States and the Commission thereof.  4. Where in the host Member State proof of financial standing is required, that State shall regard  certificates issued by banks in the country of origin or in the country whence the foreign national comes as equivalent to certificates issued in its own territory.   Article 7 Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 29 September 1970.  For the Council  The President  S. von BRAUN


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31980L0607

Council Directive 80/607/EEC of 24 June 1980 prolonging certain derogations granted to Denmark, Ireland and the United Kingdom in respect of swine fever

Official Journal L 170 , 03/07/1980 P. 0032

****( 1 ) OJ NO C 130 , 31 . 5 . 1980 , P . 10 .  ( 2 ) OPINION DELIVERED ON 20 JUNE 1980 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).  ( 3 ) OPINION DELIVERED ON 2 JULY 1980 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).  ( 4 ) OJ NO L 47 , 21 . 2 . 1980 , P . 24 .  ( 5 ) OJ NO 121 , 29 . 7 . 1964 , P . 1977/64 .  ( 6 ) OJ NO L 47 , 21 . 2 . 1980 , P . 25 .  ( 7 ) OJ NO L 302 , 31 . 12 . 1972 , P . 24 .  ( 8 ) OJ NO L 47 , 21 . 2 . 1980 , P . 1 .    COUNCIL DIRECTIVE   OF 24 JUNE 1980   PROLONGING CERTAIN DEROGATIONS GRANTED TO DENMARK , IRELAND AND THE UNITED KINGDOM IN RESPECT OF SWINE FEVER  ( 80/607/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 2 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),   WHEREAS , UNDER DIRECTIVE 80/218/EEC ( 4 ), DENMARK , IRELAND AND THE UNITED KINGDOM WERE AUTHORIZED TO RETAIN UNTIL 30 JUNE 1980 THEIR NATIONAL PROVISIONS FOR ENSURING PROTECTION AGAINST SWINE FEVER ;   WHEREAS COMMUNITY RULES OFFER THE ONLY FINAL SOLUTION TO THE PROBLEMS CAUSED BY THIS DISEASE ;   WHEREAS THE PROPOSALS WHICH HAVE BEEN FORWARDED FOR THIS PURPOSE BY THE COMMISSION MUST BE EXAMINED ; WHEREAS A SUFFICIENT PERIOD SHOULD BE PROVIDED FOR THEIR ADOPTION BY THE COUNCIL AND THEIR IMPLEMENTATION BY THE MEMBER STATES PRIOR TO THE EXPIRY OF THE ABOVEMENTIONED DEROGATIONS ;   WHEREAS , THEREFORE , THESE DEROGATIONS SHOULD BE EXTENDED UNTIL 31 OCTOBER 1980 ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   BY WAY OF DEROGATION FROM DIRECTIVE 64/432/EEC ( 5 ), AS LAST AMENDED BY DIRECTIVE 80/219/EEC ( 6 ), AND FROM DIRECTIVE 72/461/EEC ( 7 ), AS LAST AMENDED BY DIRECTIVE 80/213/EEC ( 8 ), DENMARK , IRELAND AND THE UNITED KINGDOM ARE AUTHORIZED TO RETAIN THEIR NATIONAL RULES RELATING TO PROTECTION AGAINST SWINE FEVER UPON INTRODUCTION INTO THEIR TERRITORY OF SWINE FOR BREEDING , STORE AND SLAUGHTER AND TO IMPORTS OF FRESH PIGMEAT , SUBJECT TO COMPLIANCE WITH THE GENERAL PROVISIONS OF THE TREATY .   ARTICLE 2   THIS DIRECTIVE SHALL APPLY UNTIL 31 OCTOBER 1980 .   ARTICLE 3   MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE BY 30 JUNE 1980 AT THE LATEST AND SHALL INFORM THE COMMISSION THEREOF .   ARTICLE 4   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT LUXEMBOURG , 24 JUNE 1980 .   FOR THE COUNCIL   THE PRESIDENT   S . FORMICA


title: Directive 2009/100/EC of the European Parliament and of the Council of 16 September 2009 on reciprocal recognition of navigability licences for inland waterway vessels (Text with EEA relevance)

text:
               2.10.2009

               EN

               Official Journal of the European Union

               L 259/8

      DIRECTIVE 2009/100/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 16 September 2009
   on reciprocal recognition of navigability licences for inland waterway vessels
   (codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels (3) has been substantially amended (4). In the interests of clarity and rationality that Directive should be codified.

               (2)

               Reciprocal recognition of navigability licences for inland waterway vessels should be achieved with a view to improving the safety of inland navigation in the Community.

               (3)

               It is necessary to establish under what circumstances and on what conditions Member States may interrupt the passage of a vessel.

               (4)

               It is necessary that the measures provided for in this Directive apply to those vessels which are not covered by Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels (5).

               (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 II, Part B,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   In accordance with Article 21 of Directive 2006/87/EC, this Directive shall apply to vessels used for goods transport on inland waterways and having a total dead weight of 20 metric tonnes or more:

               (a)

               having a length of less than 20 metres; or

               (b)

               for which the product of length (L), breadth (B) and draught (T) is less than 100 m3.

         This Directive shall not prejudice the provisions laid down in the Rhine Vessel Inspection Regulation and in the Agreement on transport of dangerous goods on the Rhine (ADNR).
   Article 2
   1.   Member States shall, to the extent required, lay down any necessary procedures for the issue of navigability licences.
   However, a Member State may exempt from this Directive vessels which do not leave the inland waterways of its territory.
   2.   Navigability licences shall be issued by the Member State in which the vessel is registered or has its home port or, failing that, by the Member State in which the owner of the vessel is domiciled. Any Member State may request another Member State to issue navigability licences for vessels operated by nationals of the former. Member States may delegate their powers to approved bodies.
   3.   Navigability licences shall be made out in one of the official languages of the institutions of the European Union; they shall provide at least the information and use the system of numbering specified in Annex I.
   Article 3
   1.   Subject to paragraphs 3 to 6, each Member State shall recognise for navigation on its national waterways the navigability licences issued by another Member State in accordance with Article 2 on the same basis as if it had issued those licences itself.
   2.   Paragraph 1 shall apply only if the licence was issued or last extended not more than five years previously and has not expired.
   A certificate issued pursuant to the Rhine Vessel Inspection Regulation shall be accepted as evidence, within the meaning of paragraphs 3 and 5, for its full duration.
   3.   Member States may require that the technical specifications laid down in the Rhine Vessel Inspection Regulation be complied with. They may require the certificate referred to in the second subparagraph of paragraph 2 as evidence of this.
   4.   Member States may require vessels carrying dangerous goods as defined in the ADNR to comply with the requirements laid down in that Agreement. As evidence of this, they may require that the authorisation provided for in that Agreement be produced.
   5.   Vessels which fulfil the requirements laid down in the Rhine Vessel Inspection Regulation shall be admitted to all inland waterways in the Community. Evidence of compliance with those requirements may be provided by the certificate referred to in the second subparagraph of paragraph 2.
   Special conditions for the transport of dangerous goods shall be considered fulfilled in all Community waterways if the vessels meet the requirements of the ADNR. Evidence of compliance with those requirements may be provided by the authorisation referred to in paragraph 4.
   6.   Member States may require fulfilment in maritime shipping lanes of additional conditions equivalent to those required for their own vessels. Member States shall inform the Commission of their maritime shipping lanes, the list of which shall be drawn up by the Commission on the basis of the information supplied to it by the Member States.
   Article 4
   1.   Any Member State may withdraw a navigability licence which it has issued.
   2.   Any Member State may interrupt the passage of a vessel, where the vessel is found on inspection to be in a condition which constitutes a danger to the surroundings, until the defects have been corrected. That Member State may also do so where the vessel or its equipment is found on inspection not to satisfy the requirements set out in the navigability licence or in the other documents referred to in Article 3 as the case may be.
   3.   A Member State which has interrupted the passage of a vessel, or which has indicated its intention to do so if the defects are not corrected, shall inform the competent authorities of the Member State where the navigability licence or the other documents referred to in Article 3 were issued of the reasons for the decision it has taken or it intends to take.
   4.   All decisions to interrupt the passage of a vessel taken pursuant to measures adopted in implementation of this Directive shall state in detail the reasons on which they are based. A decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the pursuit of such remedies.
   Article 5
   Directive 76/135/EEC, as amended by the Directive set out in Annex II, Part A, is hereby repealed, without prejudice to the obligations of the Member States relating to the time limit for transposition into national law of the Directive set out in Annex II, 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 III.
   Article 6
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 7
   This Directive is addressed to the Member States.

      Done at Strasbourg, 16 September 2009.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         C. MALMSTRÖM

      (1)  OJ C 204, 9.8.2008, p. 47.

      (2)  Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 13 July 2009.

      (3)  OJ L 21, 29.1.1976, p. 10.

      (4)  See Annex II, Part A.

      (5)  OJ L 389, 30.12.2006, p. 1.

      ANNEX I

         MINIMUM INFORMATION TO APPEAR ON THE LICENCES

      (referred to in Article 2(3))
      The information is divided into three categories:

                  I.

                  :

                  Compulsory

                  :

                  no special sign

                  II.

                  :

                  required if applicable

                  :

                  (x)

                  III.

                  :

                  useful but optional

                  :

                  (+)

                  1.

                  Name of the authority or approved body issuing the document

                  2.

                              (a)

                              Title of document

                              (b)

                              (+) Number of document

                  3.

                  Issuing State

                  4.

                  Name and domicile of the owner of the vessel

                  5.

                  Name of vessel

                  6.

                  (x) Place and number of registration

                  7.

                  (x) Home port

                  8.

                  (+) Construction type

                  9.

                  (+) Utilisation

                  10.

                  Main characteristics:

                              (a)

                              overall length in metres

                              (b)

                              overall breadth in metres

                              (c)

                              depth below waterline at maximum draught(s) in metres

                  11.

                  (x) Dead weight(s) in metric tonnes or displacement(s) in cubic metres at maximum draught(s)

                  12.

                  (x) Indication of draught marking

                  13.

                  (x) Maximum authorised number of passengers

                  14.

                  (x) Total power of propelling engines in HP or kW

                  15.

                  Minimum freeboard(s) in centimetres

                  16.

                              (a)

                              Declaration: The vessel indicated above is certified as being suitable for navigation

                              (b)

                              (x) Subject to the following conditions

                              (c)

                              (x) Indication of navigation restrictions

                  17.

                              (a)

                              Date of expiry

                              (b)

                              Date of issue

                  18.

                  Stamp and signature of the authority or approved body issuing the licence.

      ANNEX II
      PART A

         Repealed Directive with its amending Directive

      (referred to in Article 5)

                  Council Directive 76/135/EEC

                  (OJ L 21, 29.1.1976, p. 10).

                  Council Directive 78/1016/EEC

                  (OJ L 349, 13.12.1978, p. 31).

            PART B

         Time limit for transposition into national law

      (referred to in Article 5)

                  Directive

                  Time limit for transposition

                  76/135/EEC

                  19 January 1977

                  78/1016/EEC

                  —

      ANNEX III

         Correlation table

                  Directive 76/135/EEC

                  This Directive

                  Article 1, introductory wording and point (a)

                  Article 1, first paragraph, introductory wording

                  Article 1, point (b)

                  —

                  —

                  Article 1, first paragraph, points (a) and (b)

                  Article 1, last sentence

                  Article 1, second paragraph

                  Articles 2 to 4

                  Articles 2 to 4

                  Article 5

                  —

                  Article 6

                  —

                  Article 7

                  —

                  —

                  Article 5

                  —

                  Article 6

                  Article 8

                  Article 7

                  Annex

                  Annex I

                  —

                  Annex II

                  —

                  Annex III


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31977L0471

Eighteenth Commission Directive 77/471/EEC of 11 July 1977 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 180 , 20/07/1977 P. 0027 - 0028 Greek special edition: Chapter 03 Volume 18 P. 0217

****( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 60 , 5 . 3 . 1977 , P . 15 .   EIGHTEENTH COMMISSION DIRECTIVE   OF 11 JULY 1977   AMENDING THE ANNEXES TO COUNCIL DIRECTIVE 70/524/EEC CONCERNING ADDITIVES IN FEEDINGSTUFFS  ( 77/471/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DIRECTIVE 70/524/EEC OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ( 1 ), AS LAST AMENDED BY THE SEVENTEENTH COMMISSION DIRECTIVE 77/179/EEC ( 2 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,   WHEREAS THIS DIRECTIVE PROVIDES FOR THE CONTENTS OF THE ANNEXES TO BE REGULARLY AMENDED TO TAKE ACCOUNT OF DEVELOPMENTS IN SCIENTIFIC AND TECHNICAL KNOWLEDGE ;   WHEREAS THE MANUFACTURING AIDS GELATINE , DEXTRANS , LIGNOSULPHONATES , SILICIC ACID , CALCIUM SILICATES , SODIUM , POTASSIUM AND CALCIUM STEARATES , INCLUDED IN ANNEX II , ARE WIDELY USED IN THE MEMBER STATES AND ARE FREE FROM HARMFUL EFFECTS FOR ANIMAL AND HUMAN HEALTH ; WHEREAS THEY SHOULD THEREFORE BE AUTHORIZED AT COMMUNITY LEVEL AND IN THIS RESPECT BE CLASSIFIED ACCORDING TO THEIR SPECIFIC EFFECTS ;   WHEREAS THE PRESERVATIVE CITRIC ACID , INCLUDED IN ANNEX I , IS ALSO USED AS A COAGULANT AGENT FOR THE PREPARATION OF FEEDINGSTUFFS ;   WHEREAS THE USE OF THE ANTIBIOTICS ZINC BACITRACIN AND FLAVOPHOSPHOLIPOL FOR LAYING HENS , INCLUDED IN ANNEX II , REQUIRES FURTHER EXAMINATION ; WHEREAS THEIR PERIOD OF AUTHORIZATION SHOULD THEREFORE BE EXTENDED ;   WHEREAS THE SAME IS TRUE OF THE USE OF THE MANUFACTURING AIDS SILICA AND SILICATES , WITH THE EXCEPTION OF CALCIUM SILICATES ; WHEREAS , MOREOVER , IT SHOULD BE SPECIFIED WITH REGARD TO THEIR CLASSIFICATION THAT THEY BELONG TO THE GROUP OF BINDERS , ANTI-CAKING AGENTS AND COAGULANTS ;   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   THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ARE HEREBY AMENDED AS SET OUT IN THE FOLLOWING ARTICLES :   ARTICLE 2   ANNEX I IS AMENDED AS FOLLOWS :   1 . IN PART 3 ' EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS ' , ADD :     //   // EEC NO  //  ADDITIVES //  CHEMICAL FORMULA , DESCRIPTION //  SPECIES OF ANIMAL //  MAXIMUM AGE //  MINIMUM CONTENT //  MAXIMUM CONTENT //  OTHER PROVISIONS //   //  //  PPM OF COMPLETE FEEDINGSTUFFS //   // E 485 //  GELATINE // E 486 //  DEXTRANS // ****   2 . ADD THE FOLLOWING TEXT :   //   // EEC NO  //  ADDITIVES //  CHEMICAL FORMULA , DESCRIPTION //  SPECIES OF ANIMAL //  MAXIMUM AGE //  MINIMUM CONTENT //  MAXIMUM CONTENT //  OTHER PROVISIONS //   //  //  PPM OF COMPLETE FEEDINGSTUFFS //   //  //   E 550 //  LIGNOSULPHONATES //   E 551 //  SILICIC ACID , PRECIPITATED AND DRIED //   E 552 //  CALCIUM SILICATES , FREE OF ASBESTOS // EX E 470 //  SODIUM , POTASSIUM AND CALCIUM STEARATES //   E 330 //  CITRIC ACID //  //   ARTICLE 3   ANNEX II IS AMENDED AS FOLLOWS :   1 . IN PART A ' ANTIBIOTICS '  FOR ' 30 JUNE 1977 '  IN THE COLUMN HEADED ' PERIOD OF AUTHORIZATION '  READ ' 31 DECEMBER 1977 '  FOR THE ITEMS NO 15 ' ZINC BACITRACIN '  AND NO 16  ' FLAVOPHOSPHOLIPOL '  WITH REGARD TO LAYING HENS .   2 . DELETE PART G ' MANUFACTURING AIDS '  AND INSERT THE FOLLOWING :   //   // EEC NO  //  ADDITIVES //  CHEMICAL FORMULA DESCRIPTION //  SPECIES OF ANIMAL //  MAXIMUM AGE  //  MINIMUM CONTENT //  MAXIMUM CONTENT //  OTHER PROVISIONS //  PERIOD OF AUTHORIZATION //   //  //  PPM OF COMPLETE FEEDINGSTUFFS //   //  // 1 . //  SILICA // 2 . //  SILICATES , FREE OF ASBESTOS , WITH THE EXCEPTION OF CALCIUM SILICATES //   ARTICLE 4   THE MEMBER STATES SHALL , NOT LATER THAN 1 DECEMBER 1977 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .   ARTICLE 5   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 11 JULY 1977 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT ****   ALL SPECIES   OF ANIMALS    ALL   FEEDINGSTUFFS    L . BINDERS , ANTI-CAKING AGENTS AND COAGULANTS    ALL SPECIES   OF ANIMALS    ALL   FEEDINGSTUFFS    COMPLIANCE WITH   PROVISIONS OF   ARTICLE 10 ( 1 ) ( B )    G . BINDERS , ANTI-CAKING AGENTS AND COAGULANTS    ALL SPECIES   OF ANIMALS    ALL   FEEDINGSTUFFS    31 DECEMBER 1978   31 DECEMBER   1978


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31997L0061

Council Directive 97/61/EC of 20 October 1997 amending the Annex to Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live bivalve molluscs

Official Journal L 295 , 29/10/1997 P. 0035 - 0036

COUNCIL DIRECTIVE 97/61/EC of 20 October 1997 amending the Annex to Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live bivalve molluscsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs (1), and in particular Article 11 thereof,Having regard to the proposal from the Commission,Whereas Chapter V of the Annex to Directive 91/492/EEC sets the acceptable limit values for two types of marine toxin that constitute a danger to public health;Whereas there is scientific evidence that a new marine toxin 'Amnesic Shellfish Poisoning` (ASP) that could endanger consumer health has appeared in the areas where bivalve molluscs are produced;Whereas the public health requirements concerning live bivalve molluscs in Chapter V of the Annex to Directive 91/492/EEC must be adjusted to take account of this new marine toxin;Whereas an acceptable limit value must be set for this new marine toxin, in order to protect public health;Whereas experience has shown that the registration document for the identification of the batches of molluscs provided for in point 6 of Chapter II of the Annex to Directive 91/492/EEC should contain information concerning the health status of the area of origin and any purification or relaying operations that have been carried out on the molluscs;Whereas it must be possible to trace the origin of bivalve molluscs placed on the market; whereas to do this it should be possible to link the information shown on the registration document with each batch placed on the market in a register kept by the dispatch centre;Whereas a standard registration document would be more easily understood by operators and inspection services regardless of the language in which it is drawn up; whereas such standard document should be introduced by the Commission,HAS ADOPTED THIS DIRECTIVE:Article 1 The Annex to Directive 91/492/EEC is hereby amended as follows:1. point 6 of Chapter II shall be replaced by the following:'6. A registration document for the identification of batches of live bivalve molluscs during transport from the production area to a dispatch centre, purification centre, relaying area or processing plant must be issued by the competent authority upon request by the gatherer. For each batch, the gatherer must complete legibly and indelibly the relevant sections of the registration document which must contain the following information:- the gatherer's identity and address,- the date of harvesting,- the location of the production area described in as precise detail as is practicable or by a code number,- the health status of the production area as referred to in Chapter I,- the shellfish species and quantity indicated in as precise detail as is practicable,- the approval number and place of destination for wrapping, relaying, purification or processing.The registration document must be dated and signed by the gatherer.The registration documents must be numbered regularly and in sequence. The competent authority must keep a register indicating numbers of registration documents together with the names of the persons collecting live bivalve molluscs to whom the documents were issued. The registration document for each batch of live bivalve molluscs must be date-stamped upon delivery of a batch to a dispatch centre, purification centre, relaying area or processing plant and must be kept by operators of such centres, areas or plants for at least twelve months. In addition, the gatherer is also obliged to keep it for the same period.However, if gathering is carried out by the same staff operating the dispatch centre, purification centre, relaying area or processing plant of destination, the registration document may be replaced by a permanent transport authorization granted by the competent authority. A standard registration document, containing a reference to the various requirements which are to be included in it and which are mentioned in Chapters II, III and IV of this Annex, will be introduced by the Commission in accordance with the procedure laid down in Article 12 of the Directive.`;2. point 9 of Chapter III shall be replaced by the following:'9. after harvesting from the relaying area, batches must, during transport from the relaying area to the approved dispatch centre, purification centre or processing plant, be accompanied by a registration document, a specimen of which will be drawn up by the Commission in accordance with the procedure laid down in Article 12 of the Directive, setting out, in addition to the information specified in point 6 of Chapter II of this Annex, inter alia the location and approval number of the relaying area and the duration of relaying, together with any other information needed to identify and trace the product.However, the above shall not be required where the same staff operate both in the relaying area and in the dispatch centre, purification centre or processing plant.`;3. the second subparagraph of point 13 of section III of Chapter IV shall be replaced by the following:'Purification centres dispatching batches of live bivalve molluscs to dispatch centres must provide a registration document, a specimen of which will be drawn up by the Commission in accordance with the procedure laid down in Article 12 of the Directive, setting out, in addition to the information specified in point 6 of Chapter II of this Annex, inter alia the approval number and address of the purification plant and the duration of purification, the dates of entering and leaving the purification centre, together with any other information needed to identify and trace the product.`;4. point 4 of section IV of Chapter IV shall be replaced by the following:'4. Dispatch centres must keep the following at the disposal of the competent authority:- the results of microbiological tests on live bivalve molluscs from an approved production area or relaying area or from a purification plant,- the dates and quantities of live bivalve molluscs delivered to the dispatch centre, together with the corresponding registration documents,- dispatch details including the names and addresses of consignees, the dates and quantities of live bivalve molluscs dispatched, together with the corresponding entry registration document number(s).These data must be classified chronologically and preserved for a period to be laid down by the competent authority, but not less than twelve months.`;5. The following point shall be inserted in Chapter V:'7a. The total Amnesic Shellfish Poison (ASP) content in the edible parts of molluscs (the entire body or any part edible separately) must not exceed 20 micrograms of domoic acid per gramme using the HPLC method.`Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1998. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 3 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Luxembourg, 20 October 1997.For the CouncilThe PresidentF. BODEN(1) OJ L 268, 24. 9. 1991, p. 1. Directive as amended by the 1994 Act of Accession.


title: Directive 2005/20/EC of the European Parliament and of the Council of 9 March 2005 amending Directive 94/62/EC on packaging and packaging waste

text:
               16.3.2005

               EN

               Official Journal of the European Union

               L 70/17

      DIRECTIVE 2005/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 9 March 2005
   amending Directive 94/62/EC on packaging and packaging waste
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95(1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               In view of the recent enlargement of the European Union, due attention needs to be paid to the specific situation in the new Member States, in particular in relation to the attainment of the recycling and recovery targets set out in Article 6(1) of Directive 94/62/EC (3).

               (2)

               Member States having acceded to the European Union by virtue of the Accession Treaty of 16 April 2003 require additional time to adapt their recycling and recovery systems to the targets of Directive 94/62/EC.

               (3)

               Since the objective of this Directive, namely to harmonise national targets for the recycling and recovery of packaging waste, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (4)

               In view of the further enlargement of the European Union, due attention also needs to be paid to the specific situation in countries for which accession is planned at a later stage.

               (5)

               Directive 94/62/EC should therefore be amended accordingly,

         HAVE ADOPTED THIS DIRECTIVE:

      Article 1

   The following paragraph shall be added to Article 6 of Directive 94/62/EC:

               ‘11.

               Member States having acceded to the European Union by virtue of the Accession Treaty of 16 April 2003 may postpone the attainment of the targets referred to in paragraph 1(b), (d) and (e) until a date of their own choosing which shall not be later than 31 December 2012 for the Czech Republic, Estonia, Cyprus, Lithuania, Hungary, Slovenia and Slovakia; 31 December 2013 for Malta; 31 December 2014 for Poland; and 31 December 2015 for Latvia.’

      Article 2

   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 September 2006. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

      Article 3

   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Article 4

   This Directive is addressed to the Member States.

      Done at Strasbourg, 9 March 2005

            For the European Parliament

            The President

            J. P. BORRELL FONTELLES

            For the Council

            The President

            N. SCHMIT

      (1)  OJ C 241, 28.9.2004, p. 20.

      (2)  Opinion of the European Parliament of 17 November 2004 (not yet published in the Official Journal), and Council Decision of 21 February 2005.

      (3)  OJ L 365, 31.12.1994, p. 10. Directive as last amended by Directive 2004/12/EC (OJ L 47, 18.2.2004, p. 26).