title: Directive (EU) 2015/1794 of the European Parliament and of the Council of 6 October 2015 amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards seafarers (Text with EEA relevance)

text:
               8.10.2015

               EN

               Official Journal of the European Union

               L 263/1

         DIRECTIVE (EU) 2015/1794 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 6 October 2015
   amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards seafarers
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(2)(b) in conjunction with Article 153(1)(b) and (e) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the ordinary legislative procedure (3),
   Whereas:

               (1)

               Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming to improve the working conditions and the information and consultation of workers. Such directives must avoid imposing disproportionate costs, or administrative, financial and legal constraints in a way that would hold back the creation and development of small and medium-sized undertakings, which are the drivers of sustainable growth and jobs.

               (2)

               Directives 2008/94/EC (4), 2009/38/EC (5) and 2002/14/EC (6) of the European Parliament and of the Council and Council Directives 98/59/EC (7) and 2001/23/EC (8), either exclude certain seafarers from their scope or allow Member States to exclude them.

               (3)

               In its Communication of 21 January 2009 entitled ‘Strategic goals and recommendations for the EU's maritime transport policy until 2018’, the Commission emphasised the importance of establishing an integrated legal framework in order to make the maritime sector more competitive.

               (4)

               The existence of, and/or possibility of introducing, exclusions may prevent seafarers from fully enjoying their rights to fair and just working conditions and to information and consultation, or limit the full enjoyment of those rights. Insofar as the existence of, and/or possibility of introducing, exclusions is not justified on objective grounds and seafarers are not treated equally, provisions which allow such exclusions should be deleted.

               (5)

               The present legal situation, existing in part as a result of the specific nature of the seafaring profession, gives rise to unequal treatment of the same category of workers by different Member States, according to whether or not they apply the exclusions and optional exclusions allowed by the legislation in force. A significant number of the Member States have made no, or only limited, use of those optional exclusions.

               (6)

               In its Communication of 10 October 2007 entitled ‘An Integrated Maritime Policy for the European Union’, the Commission outlined that such a policy is based on the clear recognition that all matters relating to Europe's oceans and seas are interlinked, and that sea-related policies must develop in a joined-up way if they are to achieve the desired results. It also stressed the need for an increase in the number and quality of maritime jobs for citizens of the Union and the importance of improving working conditions on board, inter alia, through investment in research, education, training, health and safety.

               (7)

               This Directive is in line with the Europe 2020 Strategy and its employment objectives and with the strategy set out by the Commission in its Communication of 23 November 2010 entitled ‘An Agenda for new skills and jobs: A European contribution towards full employment’.

               (8)

               The so-called blue economy represents a substantial share of the Union economy in terms of jobs and gross added value.

               (9)

               In accordance with Article 154(2) TFEU, the Commission has consulted the social partners at the Union level on the possible direction of Union action in this field.

               (10)

               In the framework of their social dialogue, the social partners in the maritime sector have reached a common understanding which is of major importance for this Directive. That common understanding strikes a good balance between the need to improve seafarers' working conditions and the need to take proper account of the sector's specific features.

               (11)

               Considering the particular nature of the maritime sector and the particular working conditions of the workers affected by the exclusions deleted by this Directive, it is necessary to adapt some of the provisions of the Directives that are amended by this Directive to reflect the specificities of the sector concerned.

               (12)

               Having regard to the technological developments of recent years, in particular as regards communications technology, the information and consultation requirements should be updated and applied in the most appropriate manner, including by using new technologies for remote communication and by enhancing the availability of the internet and ensuring its reasonable use on board, in order to improve the implementation of this Directive.

               (13)

               The rights of seafarers covered by this Directive which are afforded by the Member States in the national legislation implementing Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC should not be affected. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.

               (14)

               The Maritime Labour Convention of 2006 of the International Labour Organization aims to achieve both decent working and living conditions for seafarers by providing for health and safety standards, fair terms of employment and professional training, and secure fair competition for ship owners through its global application as well as to guarantee an international level playing field with regard to some, but not all, employees' rights, regardless of nationality or vessel flag. That Convention, Council Directive 2009/13/EC (9) and Directives 2009/16/EC (10) and 2013/54/EU (11) of the European Parliament and of the Council lay down seafarers' rights to decent working conditions in a wide range of areas, provide coherent rights and protection at work for seafarers, and contribute to a level playing field including within the Union.

               (15)

               The Union should strive to improve working and living conditions on board ships, and to exploit the potential for innovation in order to make the maritime sector more attractive to Union seafarers, including young workers.

               (16)

               Since the objective of this Directive, namely to improve the working conditions of seafarers and their information and consultation, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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.

               (17)

               This Directive respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular the right to fair and just working conditions and to information and consultation within the undertaking. This Directive should be implemented in accordance with those rights and principles.

               (18)

               Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC should therefore be amended accordingly,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendment to Directive 2008/94/EC
   Article 1(3) of Directive 2008/94/EC is replaced by the following:

      ‘3.   Where such provision already applies in their national legislation, Member States may continue to exclude domestic servants employed by a natural person from the scope of this Directive.’.

   Article 2
   Amendments to Directive 2009/38/EC
   Directive 2009/38/EC is amended as follows:

               (1)

               in Article 1, paragraph 7 is deleted;

               (2)

               in Article 10(3), the following subparagraphs are added:
               ‘A member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to Article 6(3), where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place.
               Meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels.
               In cases where a member of a special negotiating body or of a European Works Council, or such a member's alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.’.

         Article 3
   Amendment to Directive 2002/14/EC
   Article 3(3) of Directive 2002/14/EC is deleted.
   Article 4
   Amendments to Directive 98/59/EC
   Directive 98/59/EC is amended as follows:

               (1)

               in Article 1(2), point (c) is deleted;

               (2)

               in Article 3(1), the following subparagraph is inserted after the second subparagraph:
               ‘Where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the State of the flag which the vessel flies.’.

         Article 5
   Amendment to Directive 2001/23/EC
   Article 1(3) of Directive 2001/23/EC is replaced by the following:

      ‘3.   This Directive shall apply to a transfer of a seagoing vessel that is part of a transfer of an undertaking, business or part of an undertaking or business within the meaning of paragraphs 1 and 2, provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains, within the territorial scope of the Treaty.
      This Directive shall not apply where the object of the transfer consists exclusively of one or more seagoing vessels.’.

   Article 6
   Level of protection
   The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the general level of protection of persons covered by this Directive, already afforded by the Member States in the fields covered by Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC.
   Article 7
   Reporting by the Commission
   The Commission, after consulting the Member States and the social partners at the Union level, shall submit a report to the European Parliament and to the Council on the implementation and application of Articles 4 and 5 by 10 October 2019.
   Article 8
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 October 2017. They shall immediately inform the Commission thereof.
   When Member States adopt those measures, they shall contain a reference to this Directive or shall 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 9
   Entry into force
   This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 10
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 6 October 2015.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         N. SCHMIT

      (1)  OJ C 226, 16.7.2014, p. 35.

      (2)  OJ C 174, 7.6.2014, p. 50.

      (3)  Position of the European Parliament of 8 July 2015 (not yet published in the Official Journal) and decision of the Council of 18 September 2015.

      (4)  Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (OJ L 283, 28.10.2008, p. 36).

      (5)  Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ L 122, 16.5.2009, p. 28).

      (6)  Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

      (7)  Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ L 225, 12.8.1998, p. 16).

      (8)  Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ L 82, 22.3.2001, p. 16).

      (9)  Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (OJ L 124, 20.5.2009, p. 30).

      (10)  Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).

      (11)  Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006 (OJ L 329, 10.12.2013, p. 1).


Avis juridique important

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31981L0561

Council Directive 81/561/EEC of 13 July 1981 amending Directives 66/402/EEC and 66/403/EEC on, respectively, the marketing of cereal seed and of seed potatoes

Official Journal L 203 , 23/07/1981 P. 0052 - 0052 Spanish special edition: Chapter 03 Volume 22 P. 0203  Portuguese special edition Chapter 03 Volume 22 P. 0203

****( 1 ) OJ NO C 61 , 20 . 3 . 1981 , P . 4 .  ( 2 ) OJ NO C 144 , 15 . 6 . 1981 , P . 116 .  ( 3 ) OJ NO 125 , 11 . 7 . 1966 , P . 2309/66 .  ( 4 ) OJ NO L 67 , 12 . 3 . 1981 , P . 36 .  ( 5 ) OJ NO 125 , 11 . 7 . 1966 , P . 2320/66 .  ( 6 ) OJ NO L 18 , 24 . 1 . 1980 , P . 29 .  ( 7 ) OJ NO L 26 , 31 . 1 . 1977 , P . 20 .  ( 8 ) OJ NO L 14 , 16 . 1 . 1981 , P . 23 .    COUNCIL DIRECTIVE   OF 13 JULY 1981   AMENDING DIRECTIVES 66/402/EEC AND 66/403/EEC ON , RESPECTIVELY , THE MARKETING OF CEREAL SEED AND OF SEED POTATOES  ( 81/561/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 ),   WHEREAS DIRECTIVE 66/402/EEC ( 3 ), AS LAST AMENDED BY DIRECTIVE 81/126/EEC ( 4 ), ALLOWS SEEDS WHICH HAVE NOT BEEN THE SUBJECT OF AN OFFICIAL FIELD INSPECTION TO BE CERTIFIED OFFICIALLY UNDER CERTAIN CONDITIONS UNTIL 31 DECEMBER 1980 ; WHEREAS AN ADDITIONAL PERIOD SHOULD BE GRANTED IN ORDER THAT THE NECESSARY EXPERIENCE FOR A MORE GENERAL AND DEFINITIVE SOLUTION MAY BE ACQUIRED ;   WHEREAS DIRECTIVE 66/403/EEC ( 5 ), AS LAST AMENDED BY DIRECTIVE 80/52/EEC ( 6 ), PROVIDES THAT , IN PRINCIPLE , AS FROM 1 JULY 1975 , MEMBER STATES MAY NO LONGER ESTABLISH UNDER THEIR OWN RESPONSIBILITY THE EQUIVALENCE OF INSPECTIONS AND CHECKS CARRIED OUT IN THIRD COUNTRIES ;   WHEREAS , HOWEVER , MEMBER STATES HAVE BEEN AUTHORIZED TO EXTEND THE VALIDITY OF DECISIONS ON EQUIVALENCE ALREADY TAKEN BY THEM SINCE THE DISCUSSIONS INTENDED TO ENABLE SUCH EQUIVALENCE TO BE ESTABLISHED AT COMMUNITY LEVEL HAVE NOT YET BEEN COMPLETED ; WHEREAS , IN PRACTICE , SUCH EXTENSION HAS BEEN APPLIED IN THE CASE OF CANADA ONLY ;   WHEREAS RECOURSE TO SUCH EXTENSION IS SUBJECT TO THE COMMUNITY RULES ON PLANT HEALTH ;   WHEREAS , IN VIEW OF THOSE RULES AND BEARING IN MIND THE PRESENT SITUATION , TO EXTEND THE PERIOD OF VALIDITY OF SUCH DECISIONS TAKEN BY THE MEMBER STATES HAS NO EFFECT FOR THE COMMUNITY OF NINE ;   WHEREAS , HOWEVER , IN THE CASE OF GREECE , THIS NEW MEMBER STATE MUST BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THE PROVISIONS OF THE COMMON RULES ON PLANT HEALTH ONLY WITH EFFECT FROM 1 JANUARY 1983 ; WHEREAS GREECE HAD ESTABLISHED , UNDER ITS OWN RESPONSIBILITY , THE POSSIBILITY OF SEED POTATOES PRODUCED IN CANADA BEING INTRODUCED INTO ITS TERRITORY ; WHEREAS THE PERIOD OF VALIDITY OF SUCH MEASURES SHOULD THEREFORE BE EXTENDED IN ORDER TO ENABLE GREECE TO MAKE USE OF THE ABOVEMENTIONED PERIOD IN RESPECT OF THE SEED POTATOES IN QUESTION ;   WHEREAS , MOREOVER , THIS POSSIBILITY SHOULD NOT BE EXCLUDED FOR OTHER MEMBER STATES CONCERNED SHOULD IT BE ESTABLISHED AT COMMUNITY LEVEL THAT THE PLANT HEALTH CONDITIONS ARE UNITED ;   WHEREAS THE ABOVEMENTIONED DIRECTIVES SHOULD THEREFORE BE AMENDED ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   IN ARTICLE 2 ( 2 ) ( D ) OF DIRECTIVE 66/402/EEC , ' 31 DECEMBER 1980 '  SHALL BE REPLACED BY ' 31 DECEMBER 1982 ' .   ARTICLE 2   IN ARTICLE 15 ( 2 ) ( A ) OF DIRECTIVE 66/403/EEC , ' 31 MARCH 1980 '  SHALL BE REPLACED BY ' 31 DECEMBER 1982 '  WITHOUT PREJUDICE TO COUNCIL DIRECTIVE 77/93/EEC OF 21 DECEMBER 1976 ON PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF ORGANISMS HARMFUL TO PLANT OR PLANT PRODUCTS ( 7 ), AS LAST AMENDED BY DIRECTIVE 81/7/EEC ( 8 ).   ARTICLE 3   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 13 JULY 1981 .   FOR THE COUNCIL   THE PRESIDENT   LORD CARRINGTON


Avis juridique important

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31969L0073

Council Directive 69/73/EEC of 4 March 1969 on the harmonisation of provisions laid down by law, regulation or administrative action in respect of inward processing

Official Journal L 058 , 08/03/1969 P. 0001 - 0007 Danish special edition: Series I Chapter 1969(I) P. 0069  English special edition: Series I Chapter 1969(I) P. 0075  Greek special edition: Chapter 02 Volume 1 P. 0034  Spanish special edition: Chapter 02 Volume 1 P. 0019  Portuguese special edition Chapter 02 Volume 1 P. 0019

++++ ( 1 ) OJ N C 66 , 2 . 7 . 1968 , P . 12 .   ( 2 ) OJ N C 75 , 29 . 7 . 1968 , P . 10 .  COUNCIL DIRECTIVE  OF 4 MARCH 1969  ON THE HARMONISATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING   ( 69/73/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 100 AND 155 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ;  WHEREAS THE COMMUNITY IS BASED UPON A CUSTOMS UNION ;  WHEREAS THE ESTABLISHMENT OF THE CUSTOMS UNION IS GOVERNED IN THE MAIN BY CHAPTER 1 OF TITLE I OF PART TWO OF THE TREATY ; WHEREAS THAT CHAPTER CONTAINS A SERIES OF SPECIFIC PROVISIONS DEALING IN PARTICULAR WITH THE ELIMINATION OF CUSTOMS DUTIES BETWEEN MEMBER STATES , THE ESTABLISHMENT AND PROGRESSIVE INTRODUCTION OF A COMMON CUSTOMS TARIFF AND THE AUTONOMOUS ALTERATION OR SUSPENSION OF THE DUTIES THEREIN ; WHEREAS , WHILE ARTICLE 27 PROVIDES THAT MEMBER STATES SHALL , BEFORE THE END OF THE FIRST STAGE AND IN SO FAR AS MAY BE NECESSARY , TAKE STEPS TO APPROXIMATE THEIR PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF CUSTOMS MATTERS , THAT ARTICLE DOES NOT EMPOWER THE INSTITUTIONS OF THE COMMUNITY TO MAKE BINDING PROVISIONS IN THAT FIELD ; WHEREAS , HOWEVER , A THOROUGH EXAMINATION UNDERTAKEN JOINTLY WITH MEMBER STATES HAS SHOWN THE NEED IN CERTAIN FIELDS FOR DECISION , BY BINDING ACTS OF THE COMMUNITY , UPON MEASURES ESSENTIAL FOR THE INTRODUCTION OF CUSTOMS LEGISLATION , WHICH WILL ENSURE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF ;  WHEREAS , IN ALL MEMBER STATES , THERE ARE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION ENABLING PERSONS ESTABLISHED THEREIN TO UNDERTAKE , WITHOUT INCURRING LIABILITY FOR PAYMENT OF CUSTOMS DUTIES , OF CHARGES HAVING EQUIVALENT EFFECT OR OF AGRICULTURAL LEVIES , PROCESSING WORK ON IMPORTED GOODS WHICH DO NOT SATISFY THE CONDITIONS CONTAINED IN ARTICLES 9 AND 10 OF THE TREATY , WHERE SUCH GOODS ARE INTENDED FOR EXPORT WHOLLY OR PARTLY IN THE FORM OF COMPENSATING PRODUCTS ;  WHEREAS CERTAIN MEMBER STATES AUTHORISE INWARD PROCESSING TRAFFIC , EITHER GENERALLY OR IN INDIVIDUAL CASES , ONLY AFTER PRIOR SURVEY OF THE INTERESTS OF NATIONAL PRODUCERS OF LIKE OR SIMILAR GOODS ; WHEREAS OTHER MEMBER STATES CONFINE THEMSELVES TO INVESTIGATING WHETHER THE TECHNICAL CONDITIONS UNDER WHICH THE PROPOSED PROCESSING OPERATIONS ARE TO TAKE PLACE PERMIT OF SUPERVISION BY THE CUSTOMS AUTHORITIES TO ENSURE COLLECTION OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES IN CASES WHERE THE COMPENSATING PRODUCTS ARE NOT EXPORTED ;  WHEREAS INWARD PROCESSING TRAFFIC DIRECTLY AFFECTS THE ESTABLISHMENT AND OPERATION OF THE COMMON MARKET ; WHEREAS THE CREATION OF THE CUSTOMS UNION INVOLVES ELIMINATION OF THE DIFFERENCES EXISTING IN THIS CONNECTION , AND THE DISCONTINUANCE OF SUCH TRAFFIC IN RESPECT OF GOODS IMPORTED INTO THE COMMUNITY FOR PROCESSING IN ONE MEMBER STATE IN ORDER TO BE MARKETED IN ANOTHER MEMBER STATE ;  WHEREAS COMMON RULES APPLICABLE TO GOODS OF EVERY KIND AND ORIGIN MUST BE LAID DOWN IN THE MEMBER STATES IN RESPECT OF INWARD PROCESSING ;  WHEREAS IT IS IMPORTANT TO ENSURE THE UNIFORM APPLICATION OF SUCH COMMON RULES AND PROVIDE FOR THIS PURPOSE A COMMUNITY PROCEDURE WHEREBY IMPLEMENTING PROVISIONS FOR THOSE RULES MAY BE ADOPTED WITHIN A SUITABLE PERIOD OF TIME ; WHEREAS IT IS NECESSARY TO SET UP A COMMITTEE TO ORGANISE CLOSE AND EFFECTIVE COLLABORATION IN THIS FIELD BETWEEN MEMBER STATES AND THE COMMISSION ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THIS DIRECTIVE DETERMINES THE RULES WHICH MUST BE INCORPORATED IN THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES IN RESPECT OF INWARD PROCESSING ARRANGEMENTS .  ARTICLE 2  1 . INWARD PROCESSING ARRANGEMENTS MEANS THE CUSTOMS ARRANGEMENTS WHEREBY IMPORTED GOODS WHICH DO NOT SATISFY THE CONDITIONS CONTAINED IN ARTICLES 9 AND 10 OF THE TREATY MAY BE PROCESSED WITHOUT GIVING RISE TO LIABILITY FOR PAYEMENT OF CUSTOMS DUTIES , OF CHARGES HAVING EQUIVALENT EFFECT OR OF AGRICULTURAL LEVIES , WHERE SUCH GOODS ARE INTENDED FOR EXPORT OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY WHOLLY OR PARTLY IN THE FORM OF COMPENSATING PRODUCTS AS DEFINED IN PARAGRAPH 3 .  2 . UNDER THE TERMS OF THIS DIRECTIVE , INWARD PROCESSING ARRANGEMENTS SHALL APPLY TO GOODS OF WHATEVER KIND OR ORIGIN .  3 . COMPENSATING PRODUCTS MEANS PRODUCTS PRODUCED BY ONE OR MORE OF THE FOLLOWING PROCESSES :   ( A ) WORKING OF GOODS , INCLUDING FITTING OR ASSEMBLING THEM OR ADJUSTING THEM TO OTHER GOODS ;   ( B ) PROCESSING OF GOODS ;   ( C ) REPAIR OF GOODS , INCLUDING RESTORING THEM TO THEIR ORIGINAL CONDITION AND PUTTING THEM IN ORDER ;   ( D ) USE OF AGENTS SUCH AS CATALYSTS , ACCELERATORS OR RETARDERS OF CHEMICAL REACTIONS WHICH , BEING EMPLOYED IN THE COURSE OF PRODUCTION , DISAPPEAR ENTIRELY OR PARTIALLY WHEN SO EMPLOYED AND ARE THEREAFTER NOT DISTINGUISHABLE IN THE GOODS PRODUCED . THIS SUBPARAGRAPH SHALL NOT APPLY TO USE OF SOURCES OF ENERGY , LUBRICANTS , EQUIPMENT OR TOOLS .  4 . WHERE PARAGRAPH 3 ( D ) APPLIES , THE TOTAL OR PARTIAL DISAPPEARANCE OF SUCH AGENTS SHALL BE TREATED AS EXPORTATION OF COMPENSATING PRODUCTS IF THE GOODS PRODUCED ARE EXPORTED .  ARTICLE 3  1 . EXEMPTION FROM CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES SHALL BE GRANTED IN ACCORDANCE WITH ONE OF THE FOLLOWING METHODS :   ( A ) THE GOODS SHALL BE SUBJECT TO A CUSTOMS PROCEDURE UNDER WHICH THE PAYMENT OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES IS SUSPENDED THROUGHOUT THE PERIOD FOR WHICH THE GOODS REMAIN IN THE CUSTOMS TERRITORY OF THE COMMUNITY ;   ( B ) THE AMOUNT OF THE CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES APPLICABLE TO THE IMPORTED GOODS SHALL BE DEPOSITED , AND REIMBURSEMENT OF SUCH DUTIES , CHARGES AND LEVIES SHALL BE MADE ON EXPORTATION OF THE COMPENSATING PRODUCTS OBTAINED THEREFROM .  2 . THE CHOICE OF PROCEDURE SHALL BE LEFT TO THE AUTHORITIES OF THE MEMBER STATE IN WHOSE TERRITORY THE PROPOSED PROCESSING IS TO BE CARRIED OUT . ( SUCH AUTHORITIES ARE HEREINAFTER CALLED THE " COMPETENT AUTHORITIES " . )  3 . WHERE PARAGRAPH 1 ( A ) OF THIS ARTICLE APPLIES , THE COMPETENT AUTHORITIES MAY REQUIRE SECURITY TO BE GIVEN IN SUCH FORM AND OF SUCH AMOUNT AS THEY SHALL DETERMINE .  ARTICLE 4  1 . THE BENEFIT OF INWARD PROCESSING ARRANGEMENTS SHALL BE GRANTED ONLY TO NATURAL AND LEGAL PERSONS ESTABLISHED WITHIN THE COMMUNITY .  2 . THE COMPETENT AUTHORITIES SHALL GRANT THE BENEFIT OF THESE ARRANGEMENTS UPON APPLICATION EITHER AUTOMATICALLY IN PURSUANCE OF PROVISIONS HAVING GENERAL APPLICATION OR BY GENERAL OR SPECIAL AUTHORISATION .  3 . THE BENEFIT OF THE ARRANGEMENTS SHALL NOT BE GRANTED IF IT IS IMPOSSIBLE TO IDENTIFY THE IMPORTED GOODS AS HAVING BEEN INCORPORATED IN THE COMPENSATING PRODUCTS OR , WHERE ARTICLE 24 APPLIES , IF IT IS IMPOSSIBLE TO ASCERTAIN WHETHER THE CONDITIONS CONTAINED IN THAT ARTICLE HAVE BEEN FULFILLED .  ARTICLE 5  1 . THE COMPETENT AUTHORITIES MAY GRANT AUTHORISATIONS IN ALL CASES WHERE INWARD PROCESSING ARRANGEMENTS WOULD CONTRIBUTE TOWARDS PROVIDING THE MOST FAVOURABLE CONDITIONS FOR THE EXPORT OF GOODS RESULTING FROM SUCH PROCESSING WITHOUT CONFLICTING WITH ESSENTIAL INTERESTS OF PRODUCERS WITHIN THE COMMUNITY .  2 . OPERATIONS WHICH CONTRIBUTE TOWARDS PROVIDING THE MOST FAVOURABLE CONDITIONS FOR EXPORTATION WHILE NOT CONFLICTING WITH ESSENTIAL INTERESTS OF PRODUCERS WITHIN THE COMMUNITY ARE THOSE OPERATIONS WHICH ARE TO BE EFFECTED UNDER INWARD PROCESSING ARRANGEMENTS IN RELATION RESPECTIVELY TO GOODS ;   ( A ) TO BE PROCESSED IN PERFORMANCE OF A CONTRACT TO MAKE UP WORK FROM MATERIALS SUPPLIED , ENTERED INTO WITH A PERSON ESTABLISHED IN A THIRD COUNTRY ; OR   ( B ) WHICH ARE NOT AVAILABLE WITHIN THE COMMUNITY BECAUSE THEY ARE NOT PRODUCED THERE OR ARE PRODUCED THERE BUT NOT IN SUFFICIENT QUANTITIES , OR BECAUSE SUPPLIERS WITHIN THE COMMUNITY ARE NOT ABLE TO MAKE THEM AVAILABLE TO THE USER WITHIN A SUITABLE TIME ; OR   ( C ) THE USE OF WHICH IS REQUISITE IN ORDER TO ENSURE THAT THE PROVISIONS CONCERNING THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY ARE OBSERVED ; OR   ( D ) THE USE OF WHICH IS REQUISITE BY REASON OF THE FACT THAT THOSE AVAILABLE IN THE COMMUNITY CANNOT BE USED BECAUSE , IN THE LIGHT OF THE PARTICULAR REQUIREMENTS SPECIFIED BY PURCHASERS OF COMPENSATING PRODUCTS , THEY DO NOT HAVE THE DESIRED QUALITIES .  3 . THE COMPETENT AUTHORITIES MAY ALSO GRANT AUTHORISATIONS UPON BEING SATISFIED THAT GOODS OF SIMILAR QUALITY AVAILABLE IN THE COMMUNITY CANNOT BE USED BECAUSE THEIR COST IS SUCH AS TO MAKE THEIR PROPOSED COMMERCIAL USE ECONOMICALLY IMPOSSIBLE .  4 . IF SO REQUESTED BY THE COMPETENT AUTHORITIES , THE APPLICANT SHALL , IN MANNER DETERMINED BY THEM , SUPPLY THE INFORMATION IN HIS POSSESSION TO SUBSTANTIATE THE EXISTENCE OF THE CIRCUMSTANCES REFERRED TO IN PARAGRAPHS 2 AND 3 OF THIS ARTICLE .  ARTICLE 6  1 . AUTHORISATIONS GRANTING THE BENEFIT OF THE INWARD PROCESSING ARRANGEMENTS IN CASES OTHER THAN THOSE SPECIFIED IN ARTICLE 5 ( 2 ) AND ( 3 ) SHALL BE VALID FOR A PERIOD NOT EXCEEDING NINE MONTHS . THE COMPETENT AUTHORITIES SHALL INFORM THE COMMISSION BEFORE THE TENTH DAY OF EACH MONTH OF THE FACTORS WHICH LED TO THE GRANT OF AUTHORISATIONS DURING THE PREVIOUS MONTH . THE COMMISSION SHALL INFORM THE MEMBER STATES THEREOF .  2 . MEMBER STATES MAY WITHIN SIX WEEKS OF THE DATE ON WHICH THE INFORMATION WAS NOTIFIED TO THEM BY THE COMMISSION INDICATE THE CASES WHICH APPEAR TO THEM NOT TO COMPLY WITH THE PROVISIONS OF ARTICLE 5 ( 1 ) , STATING THE REASONS FOR THEIR OPINION .  3 . COMMENTS PUT FORWARD PURSUANT TO PARAGRAPH 2 SHALL BE INVESTIGATED BY THE COMMITTEE PROVIDED FOR IN ARTICLE 26 .  4 . IF , TWO MONTHS BEFORE THE END OF THE NINE MONTHS PERIOD SPECIFIED IN PARAGRAPH 1 , THE COUNCIL HAS NOT ADOPTED PROVISIONS IN THE MATTER PURSUANT TO THE PROVISIONS OF ARTICLE 29 , THE COMPETENT AUTHORITIES MAY , AT THE REQUEST OF THE PARTY CONCERNED , EXTEND THE PERIOD OF VALIDITY OF THE AUTHORISATION .  ARTICLE 7  1 . MEMBER STATES SHALL , AT REGULAR INTERVALS , INFORM THE COMMISSION OF THE FACTORS WHICH LED TO THE GRANT OF AUTHORISATIONS PURSUANT TO ARTICLE 5 ( 2 ) ( B ) OR ( D ) OR ARTICLE 5 ( 3 ) . THIS SHALL APPLY ONLY IN RESPECT OF PROCESSING OPERATIONS OF SUFFICIENT ECONOMIC IMPORTANCE AS TO WARRANT INVESTIGATION AT COMMUNITY LEVEL .  2 . MEMBER STATES SHALL NOTIFY THE COMMISSION OF APPLICATIONS WHICH THEY HAVE REJECTED AND WHICH RELATE TO ECONOMICALLY SIGNIFICANT PROCESSING OPERATIONS .  3 . THE COMMISSION SHALL INFORM THE MEMBER STATES THEREOF .  ARTICLE 8  1 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE PROVISIONS HAVING GENERAL APPLICATION REFERRED TO IN ARTICLE 4 ( 2 ) AND ANY AMENDMENTS OF THOSE PROVISIONS .  2 . THE COMMISSION SHALL INFORM THE MEMBER STATES THEREOF .  ARTICLE 9  THE AUTHORISATION SHALL SPECIFY THE CONDITIONS UNDER WHICH PROCESSING IS TO TAKE PLACE , AND IN PARTICULAR :   ( A ) THE EXEMPTION PROCEDURE APPLICABLE UNDER ARTICLE 3 ( 1 ) ;   ( B ) THE PERIOD WITHIN WHICH THE IMPORTED GOODS ARE TO BE DEALT WITH IN MANNER SPECIFIED IN ARTICLE 13 ;   ( C ) THE RATE OF YIELD OR THE METHOD WHEREBY THAT RATE IS FIXED , AS THE CASE MAY BE .  ARTICLE 10  THE HOLDER OF THE AUTHORISATION SHALL SUBMIT TO ANY MEASURES OF INSPECTION OR SUPERVISION PRESCRIBED BY THE COMPETENT AUTHORITIES .  ARTICLE 11  THE COMPETENT AUTHORITIES SHALL FIX THE RATE OF YIELD OF THE PROCESSING BY REFERENCE TO THE ACTUAL CONDITIONS UNDER WHICH IT IS EFFECTED . THE NATURE , QUANTITY AND QUALITY OF THE VARIOUS COMPENSATING PRODUCTS SHALL BE SPECIFIED UPON FIXING THAT RATE .  ARTICLE 12  STANDARD RATES OF YIELD WHICH ARE TO BE APPLIED TO ALL UNDERTAKINGS ENGAGED IN A PARTICULAR TYPE OF PROCESSING MAY , IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 28 , BE FIXED ON THE BASIS OF DATA PREVIOUSLY ASCERTAINED , WHERE CIRCUMSTANCES SO WARRANT AND , IN PARTICULAR , AS REGARDS PROCESSING CUSTOMARILY CARRIED OUT UNDER CLEARLY DEFINED TECHNICAL CONDITIONS IN RELATION TO GOODS OF SUBSTANTIALLY UNIFORM CHARACTERISTICS RESULTING IN THE PRODUCTION OF COMPENSATING PRODUCTS OF UNIFORM QUALITY .  ARTICLE 13  PROCESSING UNDER INWARD PROCESSING ARRANGEMENTS SHALL BE CONSIDERED AS COMPLETED WHEN , IN ACCORDANCE WITH THE TERMS OF THE AUTHORISATION , THE COMPENSATING PRODUCTS ARE EITHER EXPORTED OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY OR PLACED IN BONDED WAREHOUSE , IN A FREE ZONE OR UNDER THE COMMUNITY TRANSIT PROCEDURE ( EXTERNAL PROCEDURE ) WITH A VIEW TO THEIR BEING SUBSEQUENTLY EXPORTED .  ARTICLE 14  THE COMPETENT AUTHORITIES MAY ALLOW COMPENSATING PRODUCTS WHICH ARE :   ( A ) PLACED IN BONDED WAREHOUSE OR FREE ZONE IN THE COUNTRY WHERE THE PROCESSING OR THE MOST RECENT STAGE OF PROCESSING WAS CARRIED OUT , OR PLACED UNDER THE COMMUNITY TRANSIT PROCEDURE ( EXTERNAL PROCEDURE ) , TO BE PUT ON THE MARKET IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 16 , IF THE CIRCUMSTANCES SO WARRANT AND THE DUTIES , CHARGES HAVING EQUIVALENT EFFECT OR AGRICULTURAL LEVIES DUE WERE ASCERTAINED AT THE TIME OF THEIR ENTRY INTO BONDED WAREHOUSE OR FREE ZONE OR AT THE TIME OF THEIR BEING PLACED UNDER THE COMMUNITY TRANSIT PROCEDURE ( EXTERNAL PROCEDURE ) ;   ( B ) PLACED IN BONDED WAREHOUSE OR FREE ZONE OR PLACED UNDER THE COMMUNITY TRANSIT PROCEDURE ( EXTERNAL PROCEDURE ) TO BE PUT ON THE MARKET EXCEPTIONALLY , UPON PAYMENT OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT OR AGRICULTURAL LEVIES APPLICABLE ON THE DATE ON WHICH THEY WERE PUT ON THE MARKET , IF THE AMOUNT THEREOF IS AT LEAST EQUAL TO THE AMOUNT WHICH WOULD HAVE BEEN CHARGED PURSUANT TO ARTICLE 16 .  ARTICLE 15  1 . WHERE CIRCUMSTANCES SO WARRANT AND , IN PARTICULAR , IN THE CASE OF UNDERTAKINGS ENGAGED IN CONTINUOUS PRODUCTION BOTH FOR THE COMMUNITY MARKET AND FOR EXTERNAL MARKETS , THE COMPETENT AUTHORITIES MAY ALLOW :   ( A ) COMPENSATING PRODUCTS EITHER TO BE PUT ON THE MARKET OR TO BE DESTROYED ;   ( B ) GOODS COVERED BY INWARD PROCESSING ARRANGEMENTS TO BE :   _ PUT ON THE MARKET OR DESTROYED ; OR   _ DEALT WITH IN ONE OF THE WAYS SPECIFIED IN ARTICLE 13 ; OR   _ PUT ON THE MARKET IN THE CONDITIONS PRESCRIBED BY ARTICLE 14 ; IRRESPECTIVE OF WHETHER THE GOODS IN QUESTION ARE IN THE SAME CONDITION AS WHEN THEY WERE IMPORTED ( HEREINAFTER CALLED " GOODS IN THE UNALTERED STATE " ) OR HAVE NOT BEEN PROCESSED SO EXTENSIVELY AS WAS PROVIDED FOR IN THE AUTHORISATION ( HEREINAFTER CALLED " INTERMEDIATE PRODUCTS " ) .  2 . WITH REGARD TO PROCESSING CARRIED OUT IN THE COURSE OF CONTINUOUS PRODUCTION OF GOODS INTENDED BOTH FOR THE COMMUNITY MARKET AND FOR EXTERNAL MARKETS , THE CONDITIONS IN WHICH THE RESULTING PRODUCTS SHALL BE PUT ON THE MARKET SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 28 , IN PARTICULAR AS REGARDS THE MAXIMUM QUANTITY THAT MAY BE PUT ON THE MARKET AND THE PAYMENT OF ANY OUTSTANDING ARREARS OF INTEREST DUE .  ARTICLE 16  WHERE GOODS ARE PUT ON THE MARKET IN ACCORDANCE WITH THE CONDITIONS PROVIDED FOR IN ARTICLE 15 ( 1 ) ( A ) OR THE FIRST INDENT OF ARTICLE 15 ( 1 ) ( B ) , THE CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT OR AGRICULTURAL LEVIES TO BE CHARGED IN RESPECT OF COMPENSATING PRODUCTS , INTERMEDIATE PRODUCTS OR GOODS IN THE UNALTERED STATE , SHALL BE THOSE APPROPRIATE TO THE IMPORTED GOODS ACCORDING TO THE RATE OR AMOUNT APPLICABLE ON THE DATE OF ACCEPTANCE OF THE RELEVANT CUSTOMS DOCUMENT BY THE COMPETENT AUTHORITIES AND ON THE BASIS OF THE VALUE FOR CUSTOMS PURPOSES AND OTHER ITEMS OF CHARGE ASCERTAINED OR ACCEPTED AS APPLICABLE ON THAT DATE , WITHOUT PREJUDICE TO ANY OUTSTANDING ARREARS OF INTEREST DUE .  ARTICLE 17  WHERE PART ONLY OF THE COMPENSATING PRODUCTS OR OF THE INTERMEDIATE PRODUCTS ARE AUTHORISED TO BE PUT ON THE MARKET , THE CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT OR AGRICULTURAL LEVIES CHARGEABLE UNDER ARTICLE 16 SHALL BE CALCULATED :   ( A ) WHERE ONLY ONE KIND OF PRODUCT IS DERIVED FROM THE PROCESSING , BY REFERENCE TO THE QUANTITY OF THE PRODUCT PUT ON THE MARKET IN PROPORTION TO THE TOTAL QUANTITY OF THE PRODUCT MADE ;   ( B ) WHERE SEVERAL KINDS OF PRODUCT ARE DERIVED FROM THE PROCESSING ,   _ IF IT IS POSSIBLE TO ASCERTAIN THE QUANTITY OF GOODS REFERRED TO IN ARTICLE 2 ( 1 ) USED IN EACH OF THE VARIOUS PRODUCTS IN THE COURSE OF THEIR PRODUCTION , BY REFERENCE TO THAT QUANTITY IN PROPORTION TO THE TOTAL QUANTITY OF THE GOODS IMPORTED ;   _ OTHERWISE , BY REFERENCE TO THE VALUE OF EACH OF THE VARIOUS PRODUCTS PUT ON THE MARKET IN PROPORTION TO THE TOTAL VALUE , ASSESSED AS AT THE SAME DATE , OF ALL THE GOODS PRODUCED .  ARTICLE 18  1 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL PREPARE A LIST OF COMPENSATING PRODUCTS AND OF INTERMEDIATE PRODUCTS WHICH WHEN PUT ON THE MARKET SHALL , BY WAY OF DEROGATION FROM THE PROVISIONS OF ARTICLES 16 AND 17 , BE SUBJECT TO APPLICATION OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT OR AGRICULTURAL LEVIES APPROPRIATE TO THEM AND NOT TO THOSE APPROPRIATE TO IMPORTED GOODS .  2 . WHERE , BY VIRTUE OF THE APPLICATION OF PARAGRAPHE 1 , COMPENSATING PRODUCTS OR INTERMEDIATE PRODUCTS ARE PUT ON THE MARKET UNDER EXEMPTION FROM CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT OR AGRICULTURAL LEVIES , THE VALUE THEREOF SHALL BE TREATED AS NIL FOR PURPOSES OF APPLICATION OF THE SECOND INDENT OF ARTICLE 17 ( B ) .  ARTICLE 19  1 . DESTRUCTION AUTHORISED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 15 SHALL BE EFFECTED UNDER CUSTOMS SUPERVISION .  2 . WHERE DESTRUCTION DEPRIVES COMPENSATING PRODUCTS , INTERMEDIATE PRODUCTS AND GOODS IN THE UNALTERED STATE OF ALL VALUE , NO CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT OR AGRICULTURAL LEVIES SHALL BE CHARGED .  OTHERWISE , IN SO FAR AS PRODUCTS EMERGING FROM THE DESTRUCTION ARE PUT ON THE MARKET , THE PROVISIONS OF ARTICLES 16 , 17 AND 18 SHALL APPLY .  3 . DESTRUCTION DUE TO FORTUITOUS OCCURENCES OR TO FORCE MAJEURE AND RECOGNISED AS SUCH BY THE COMPETENT AUTHORITIES SHALL BE TREATED AS AUTHORISED DESTRUCTION .  ARTICLE 20  1 . WHERE , AT THE TIME OF A SUPERVISORY CHECK , THE HOLDER OF AN AUTHORISATION IS UNABLE TO PRODUCE TO THE COMPETENT AUTHORITIES GOODS WHICH SHOULD STILL BE COVERED BY INWARD PROCESSING ARRANGEMENTS IN THE FORM OF GOODS IN THE UNALTERED STATE OR OF INTERMEDIATE OR COMPENSATING PRODUCTS , THE CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT OR AGRICULTURAL LEVIES RELATING TO THE MISSING GOODS SHALL BE CHARGED , WITHOUT PREJUDICE TO ANY OUTSTANDING ARREARS OF INTEREST DUE .  2 . PARAGRAPH 1 OF THIS ARTICLE SHALL ALSO APPLY , NOTWITHSTANDING PRODUCTION OF THE GOODS , WHERE THE PERIOD REFERRED TO IN ARTICLE 9 HAS EXPIRED AND THE COMPETENT AUTHORITIES DO NOT REQUIRE THEM TO BE RE-EXPORTED FROM THE CUSTOMS TERRITORY OF THE COMMUNITY .  ARTICLE 21  THE COMPETENT AUTHORITIES MAY ALLOW OWNERSHIP OF COMPENSATING PRODUCTS , INTERMEDIATE PRODUCTS OR GOODS IN THE UNALTERED STATE TO BE TRANSFERRED TO A THIRD PERSON SUBJECT TO HIS ASSUMING LIABILITY FOR THE OBLIGATIONS OF THE HOLDER OF THE AUTHORISATION .  ARTICLE 22  ALL OR PART OF THE COMPENSATING PRODUCTS , INTERMEDIATE PRODUCTS OR GOODS IN THE UNALTERED STATE MAY BE TEMPORARILY EXPORTED FOR THE PURPOSE OF FURTHER PROCESSING IN A THIRD COUNTRY , IF THE COMPETENT AUTHORITIES SO AUTHORISE , SUBJECT TO THE LIMITATIONS AND CONDITIONS FIXED BY THE PROVISIONS RELATING TO OUTWARD PROCESSING TRAFFIC .  UPON RE-IMPORTATION INTO THE COMMUNITY , THE PRODUCTS DERIVED FROM SUCH FURTHER PROCESSING SHALL , WHERE APPROPRIATE , AGAIN BE COVERED BY INWARD PROCESSING ARRANGEMENTS , IN ACCORDANCE WITH THE TERMS OF EXEMPTION FIXED PRIOR TO THE TEMPORARY EXPORTATION .  ARTICLE 23  1 . WHERE ALL OR PART OF THE RE-IMPORTED PRODUCTS , FOLLOWING THEIR TEMPORARY EXPORTATION , ARE PUT ON THE MARKET UNDER AN AUTHORISATION GIVEN PURSUANT TO ARTICLE 15 , THIS SHALL GIVE RISE TO THE CHARGING OF :   ( A ) ON THE ONE HAND , CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES RELATING TO THE COMPENSATING PRODUCTS , INTERMEDIATE PRODUCTS OR GOODS IN THE UNALTERED STATE REFERRED TO IN ARTICLE 22 ( 1 ) , CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 16 , 17 AND 18 ;   ( B ) ON THE OTHER HAND , CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES RELATING TO PRODUCTS RE-IMPORTED AFTER PROCESSING OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY , BY APPLYING THE PROVISIONS RELATING TO OUTWARD PROCESSING TRAFFIC .  2 . PRODUCTS WHICH , AFTER THEIR RE-IMPORTATION FOLLOWING TEMPORARY EXPORTATION , ARE AGAIN COVERED BY INWARD PROCESSING ARRANGEMENTS MAY BE AUTHORISED TO BE PUT ON THE MARKET ON THE SAME CONDITIONS .  ARTICLE 24  WHERE THE CIRCUMSTANCES SO WARRANT , THE COMPETENT AUTHORITIES MAY , BY WAY OF DEROGATION FROM ARTICLE 2 ( 3 ) , TREAT AS COMPENSATING PRODUCTS , PRODUCTS DERIVED FROM PROCESSING OF GOODS OF THE SAME KIND AND QUALITY AND HAVING THE SAME TECHNICAL CHARACTERISTICS AS THOSE OF THE IMPORTED GOODS .  ARTICLE 25  IN CASES COMING WITHIN ARTICLE 24 AND WHERE THE CIRCUMSTANCES SO WARRANT , PRODUCTS TREATED AS COMPENSATING PRODUCTS MAY , UNDER CONDITIONS DETERMINED BY THE COMPETENT AUTHORITIES , BE EXPORTED PRIOR TO THE IMPORT OF GOODS COVERED BY INWARD PROCESSING ARRANGEMENTS . ANY SUCH PROPOSED EXPORT SHALL BE TREATED IN THE SAME WAY AS AN EXPORT WITHIN THE MEANING OF ARTICLE 2 ( 1 ) .  ARTICLE 26  1 . A COMMITTEE ON INWARD PROCESSING ( HEREINAFTER CALLED THE " COMMITTEE " ) IS HEREBY SET UP ; IT SHALL BE COMPOSED OF REPRESENTATIVES OF THE MEMBER STATES ; A REPRESENTATIVE OF THE COMMISSION SHALL BE CHAIRMAN .  2 . THE COMMITTEE SHALL ADOPT ITS OWN RULES OF PROCEDURE .  ARTICLE 27  THE COMMITTEE MAY EXAMINE ANY MATTER CONCERNING THE APPLICATION OF THIS DIRECTIVE RAISED BY ITS CHAIRMAN EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .  ARTICLE 28  1 . THE PROVISIONS REQUIRED FOR APPLYING ARTICLE 2 ( 3 ) AND ( 4 ) , ARTICLES 9 , 10 , 12 , 13 AND 14 , 15 ( 2 ) , 16 AND 17 , 19 ( 3 ) , 21 , 22 , 24 AND 25 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPHS 2 AND 3 OF THIS ARTICLE .  2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE PROVISIONS TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON THE DRAFT WITHIN A TIME LIMIT SET BY THE CHAIRMAN HAVING REGARD TO THE URGENCY OF THE MATTER . OPINIONS SHALL BE DELIVERED BY A MAJORITY OF TWELVE VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED AS PROVIDED IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .  3 . ( A ) THE COMMISSION SHALL ADOPT THE PROVISIONS ENVISAGED WHERE THEY ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE .   ( B ) WHERE THE PROVISIONS ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IF NO OPINION IS DELIVERED , THE COMMISSION SHALL WITHOUT DELAY PROPOSE TO THE COUNCIL THE PROVISIONS TO BE ADOPTED . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .   ( C ) IF WITHIN THREE MONTHS OF THE PROPOSAL BEING SUBMITTED TO IT , THE COUNCIL HAS NOT ACTED , THE PROPOSED PROVISIONS SHALL BE ADOPTED BY THE COMMISSION .  ARTICLE 29  THE PROVISIONS REQUIRED FOR THE APPLICATION OF ARTICLES 5 AND 6 SHALL BE ADOPTED BY THE COUNCIL ACTING ON A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION .  ARTICLE 30  MEMBER STATES SHALL LAY DOWN SUCH PROVISIONS OF LAW , REGULATION OR ADMINISTRATIVE ACTION AS MAY BE NECESSARY TO ENABLE THE COMPETENT AUTHORITIES TO APPLY THE MEASURES PROVIDED FOR IN THE PROVISIONS ADOPTED IN PURSUANCE OF ARTICLES 28 AND 29 WITH EFFECT FROM THE DATE OF THEIR IMPLEMENTATION AS FIXED BY THOSE PROVISIONS .  ARTICLE 31  1 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION STATISTICAL INFORMATION RELATING TO THE WHOLE OF THE PROCESSING OPERATIONS CARRIED OUT IN THEIR TERRITORY WITH EFFECT FROM 1 OCTOBER 1969 . THE COMMISSION SHALL INFORM MEMBER STATES ACCORDINGLY .  2 . THE INFORMATION PROVIDED , AS REQUIRED BY PARAGRAPH 1 , SHALL BE COMPREHENSIVE . IT SHALL COMPRISE TWO STATEMENTS . THE FIRST STATEMENT , USING COMMON CUSTOMS TARIFF HEADING NUMBERS , SHALL SPECIFY THE QUANTITY AND VALUE FOR CUSTOMS PURPOSES OF GOODS IMPORTED UNDER INWARD PROCESSING ARRANGEMENTS , AFTER DEDUCTION OF SUCH QUANTITIES AS HAVE BEEN PUT ON THE MARKET OR HAVE BEEN DESTROYED UNDER CUSTOMS SUPERVISION AS PROVIDED FOR IN THIS DIRECTIVE . THE SECOND STATEMENT , USING COMMON CUSTOMS TARIFF HEADING NUMBERS , SHALL SPECIFY THE QUANTITY AND VALUE OF COMPENSATING PRODUCTS EXPORTED FROM THE CUSTOMS TERRITORY OF THE COMMUNITY .  INFORMATION WHOSE DISCLOSURE MIGHT PREJUDICE INDUSTRIAL OR COMMERCIAL SECRETS MAY BE GIVEN IN A SEPARATE STATEMENT .  ARTICLE 32  THE INFORMATION AND COMMUNICATIONS PROVIDED FOR IN THIS DIRECTIVE , OTHER THAN THOSE REFERRED TO IN ARTICLE 36 , SHALL BE TREATED AS CONFIDENTIAL .  ARTICLE 33  AUTHORISATIONS ISSUED BEFORE 1 OCTOBER 1969 SHALL REMAIN VALID FOR THE PERIOD IN RESPECT OF WHICH THEY WERE ISSUED BUT FOR NOT MORE THAN ONE YEAR FROM THE SAID DATE .  ARTICLE 34  THE MEMBER STATES SHALL BRING INTO FORCE , NOT LATER THAN 1 OCTOBER 1969 , THE MEASURES REQUIRED TO COMPLY WITH THIS DIRECTIVE .  ARTICLE 35  IN SO FAR AS THE PROVISIONS TO BE ADOPTED PURSUANT TO ARTICLES 12 , 15 ( 2 ) AND 18 HAVE NOT YET BEEN PUT INTO EFFECT , THE CORRESPONDING PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES SHALL REMAIN APPLICABLE UNLESS REPEALED BY SUCH STATES .  ARTICLE 36  EACH MEMBER STATE SHALL NOTIFY THE COMMISSION OF THE PROVISIONS IT IS MAKING IN IMPLEMENTATION OF THIS DIRECTIVE .  THE COMMISSION SHALL COMMUNICATE THE INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 37  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 4 MARCH 1969 .  FOR THE COUNCIL  THE PRESIDENT  G . THORN


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31985L0148

Council Directive 85/148/EEC of 29 January 1985 amending Directive 81/645/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Greece)

Official Journal L 056 , 25/02/1985 P. 0001 - 0059

COUNCIL DIRECTIVE of 29 January 1985 amending Directive 81/645/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Greece) (85/148/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill-farming and farming in certain less-favoured areas (1), as last amended by Directive 82/786/EEC (2), and in particular Article 2 (2) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (3),  Whereas Directive 81/645/EEC (4), as last amended by Decision 83/339/EEC (5), identifies the less-favoured areas in Greece within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC;  Whereas the Greek Government has applied for an extension of the less-favoured areas by means of, on the one hand, a revision of one of the criteria used to define the less-favoured areas within the meaning of Article 3 (4) of Directive 75/268/EEC and, on the other, better application of the other criteria used to define the areas within the meaning of Article 3 (3) and (5) of the said Directive;  Whereas the Greek Government has proposed that the number of 45 inhabitants per square kilometre should be adopted as a criterion for population density (the national average population density is 74 inhabitants per square kilometre), in order, in particular, to make up the difference between the official statistics drawn up on the basis of the communal registers and the actual population of the less-favoured areas within the meaning of Article 3 (4) of Directive 75/268/EEC;  Whereas the Greek Government has communicated to the Commission, in accordance with Article 2 (1) of Directive 75/268/EEC, the names of 125 areas suitable for inclusion in the Community list of less-favoured farming areas, together with information concerning the characteristics of those areas ; whereas, moreover, the Greek Government has informed the Commission that it intends to maintain the special system of aids which exists in the less-favoured areas throughout all of the less-favoured areas;  Whereas the new areas comply with the criteria and figures applied pursuant to Directive 81/645/EEC to define the areas concerned within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC, taking account of the change in the criterion of  (1) OJ No L 128, 19.5.1975, p. 1. (2) OJ No L 327, 24.11.1982, p. 19. (3) OJ No C 12, 14.1.1985. (4) OJ No L 238, 24.8.1981, p. 1. (5) OJ No L 186, 9.7.1983, p. 32.  population density used to define the areas within the meaning of Article 3 (4) of the said Directive ; whereas Directive 81/645/EEC should therefore be amended,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Annex to Directive 81/645/EEC is hereby replaced by the Annex to this Directive.   Article 2 This Directive is addressed to the Hellenic Republic.     Done at Brussels, 29 January 1985.  For the Council  The President  G. ANDREOTTI       ANNEX >PIC FILE= "T0035076">    >PIC FILE= "T0035077">    >PIC FILE= "T0035078">    >PIC FILE= "T0035079">    >PIC FILE= "T0035080">    >PIC FILE= "T0035081">    >PIC FILE= "T0035082">    >PIC FILE= "T0035083">    >PIC FILE= "T0035084">    >PIC FILE= "T0035085">    >PIC FILE= "T0035086">    >PIC FILE= "T0035087">    >PIC FILE= "T0035088">    >PIC FILE= "T0035089">    >PIC FILE= "T0035090">    >PIC FILE= "T0035091">    >PIC FILE= "T0035092">    >PIC FILE= "T0035093">    >PIC FILE= "T0035094">    >PIC FILE= "T0035095">    >PIC FILE= "T0035096">    >PIC FILE= "T0035097">    >PIC FILE= "T0035098">    >PIC FILE= "T0035099">    >PIC FILE= "T0035100">    >PIC FILE= "T0035101">    >PIC FILE= "T0035102">    >PIC FILE= "T0035103">    >PIC FILE= "T0035104">    >PIC FILE= "T0035105">    >PIC FILE= "T0035106">    >PIC FILE= "T0035107">    >PIC FILE= "T0035108">    >PIC FILE= "T0035109">    >PIC FILE= "T0035110">    >PIC FILE= "T0035111">    >PIC FILE= "T0035112">    >PIC FILE= "T0035113">    >PIC FILE= "T0035114">    >PIC FILE= "T0035115">    >PIC FILE= "T0035116">    >PIC FILE= "T0035117">    >PIC FILE= "T0035118">    >PIC FILE= "T0035119">    >PIC FILE= "T0035120">    >PIC FILE= "T0035121">    >PIC FILE= "T0035122">    >PIC FILE= "T0035123">    >PIC FILE= "T0035124">    >PIC FILE= "T0035125">    >PIC FILE= "T0035126">    >PIC FILE= "T0035127">    >PIC FILE= "T0035128">    >PIC FILE= "T0035129">    >PIC FILE= "T0035130">    >PIC FILE= "T0035131">    >PIC FILE= "T0035132">