Avis juridique important

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31981L0333

Commission Directive 81/333/EEC of 13 April 1981 amending Directive 79/490/EEC adapting to technical progress Council Directive 70/221/EEC on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers

Official Journal L 131 , 18/05/1981 P. 0004 - 0005 Finnish special edition: Chapter 13 Volume 11 P. 0116  Spanish special edition: Chapter 13 Volume 11 P. 0177  Swedish special edition: Chapter 13 Volume 11 P. 0116  Portuguese special edition Chapter 13 Volume 11 P. 0177

++++ ( 1 ) OJ No L 42 , 23 . 2 . 1970 , p . 1 .   ( 2 ) OJ No L 375 , 31 . 12 . 1980 , p . 34 .   ( 3 ) OJ No L 76 , 6 . 4 . 1970 , p . 23 and OJ No L 65 , 15 . 3 . 1979 , p . 42 .   ( 4 ) OJ No L 128 , 26 . 5 . 1979 , p . 22 .   ( 5 ) OJ No L 266 , 2 . 10 . 1974 , p . 4 .  COMMISSION DIRECTIVE  of 13 April 1981  amending Directive 79/490/EEC adapting to technical progress Council Directive 70/221/EEC on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers   ( 81/333/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  Having regard to the Treaty establishing the European Economic Community ,  Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of Member States relating to the type-approval of motor vehicles and their trailers ( 1 ) , as last amended by Directive 80/1267/EEC ( 2 ) , and in particular Article 13 thereof ,  Having regard to Council Directive 70/221/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers ( 3 ) , as last amended by Directive 79/490/EEC ( 4 ) , and in particular Article 3 thereof ,  Whereas , experience has shown that the current wording of item II.5.2 of the Annex to Directive 79/490/EEC relating to the rear underrun protection of vehicles in categories M1 , M2 , M3 , N1 , O1 and O2 is rather vague in respect of the width over which the requirement must be satisfied ; whereas this may lead to different requirements by different standardization services with the risk of contradictions with Council Directive 74/483/EEC ( 5 ) relating to external projections of vehicles in category M1 , and also of technical barriers to trade ,  HAS ADOPTED THIS DIRECTIVE :  Article 1  Directive 79/490/EEC is hereby amended as follows :  The text of item II.5.2 of the Annex shall be replaced by the following text :   " II.5.2 . Any vehicle in one of the categories M1 , M2 , M3 , N1 , O1 , or O2 ( categories under the international classification set out in note ( b ) of Annex I to Council Directive 70/156/EEC ) will be deemed to satisfy the condition set out in item II.5.1 :   _ if it satisfies the conditions set out in item II.5.3 , or   _ if the ground clearance of the rear part of the unladen vehicle does not exceed 55 cm over a width which is not shorter than that of the rear axle by more than 10 cm on either side ( excluding any tyre bulging close to the ground ) .  Where there is more than one rear axle , the width to be considered is that of the widest .  This requirement must be satisfied at least on a line at a distance of not more than 45 cm from the rear extremity of the vehicle . "  Article 2 Before 1 October 1981 , Member States shall bring into force the provisions necessary to comply with this Directive , and shall forthwith inform the Commission thereof .  Article 3  This Directive is addressed to the Member States .  Done at Brussels , 13 April 1981 .  For the Commission  Karl-Heinz NARJES  Member of the Commission


title: Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA

text:
               21.5.2014

               EN

               Official Journal of the European Union

               L 151/1

         DIRECTIVE 2014/62/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 15 May 2014
   on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA
   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 83(1) 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 Central Bank (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Acting in accordance with the ordinary legislative procedure (3),
   Whereas:

               (1)

               As the single currency shared by the Member States of the euro area, the euro has become an important factor in the Union's economy and the everyday life of its citizens. However, since its introduction in 2002, as a currency continuously targeted by organised crime groups active in money counterfeiting, counterfeiting of the euro has caused financial damage of at least EUR 500 million. It is in the interests of the Union as a whole to oppose and pursue any activity that is likely to jeopardise the authenticity of the euro by counterfeiting.

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of counterfeiting of the euro and other currencies. It also introduces common provisions to strengthen the fight against those offences and to improve investigation of them and to ensure better cooperation against counterfeiting.
   Article 2
   Definitions
   For the purposes of this Directive the following definitions apply:

               (a)

               ‘currency’ means notes and coins, the circulation of which is legally authorised, including euro notes and coins, the circulation of which is legally authorised pursuant to Regulation (EC) No 974/98;

               (b)

               ‘legal person’ means any entity having legal personality under the applicable law, except for States or public bodies in the exercise of State authority and for public international organisations.

         Article 3
   Offences
   1.   Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally:

               (a)

               any fraudulent making or altering of currency, whatever means are employed;

               (b)

               the fraudulent uttering of counterfeit currency;

               (c)

               the import, export, transport, receiving or obtaining of counterfeit currency with a view to uttering the same and with knowledge that it is counterfeit;

               (d)

               the fraudulent making, receiving, obtaining or possession of

                           (i)

                           instruments, articles, computer programs and data, and any other means peculiarly adapted for the counterfeiting or altering of currency; or

                           (ii)

                           security features, such as holograms, watermarks or other components of currency which serve to protect against counterfeiting.

         2.   Member States shall take the necessary measures to ensure that the conduct referred to in points (a), (b) and (c) of paragraph 1 is punishable also with respect to notes or coins being manufactured or having been manufactured by use of legal facilities or materials in violation of the rights or the conditions under which competent authorities may issue notes or coins.
   3.   Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 1 and 2 is punishable also in relation to notes and coins which are not yet issued, but are designated for circulation as legal tender.
   Article 4
   Incitement, aiding and abetting, and attempt
   1.   Member States shall take the necessary measures to ensure that inciting or aiding and abetting an offence referred to in Article 3 is punishable as a criminal offence.
   2.   Member States shall take the necessary measures to ensure that an attempt to commit an offence referred to in points (a), (b) or (c) of Article 3(1), Article 3(2), or Article 3(3) in relation to conduct referred to in points (a), (b) and (c) of Article 3(1) is punishable as a criminal offence.
   Article 5
   Sanctions for natural persons
   1.   Member States shall take the necessary measures to ensure that the conduct referred to in Articles 3 and 4 is punishable by effective, proportionate and dissuasive criminal sanctions.
   2.   Member States shall take the necessary measures to ensure that the offences referred to in point (d) of Article 3(1), the offences referred to in Article 3(2), and the offences referred to in Article 3(3) in relation to conduct referred to in point (d) of Article 3(1) shall be punishable by a maximum sanction which provides for imprisonment.
   3.   Member States shall take the necessary measures to ensure that the offences referred to in point (a) of Article 3(1) and in Article 3(3) in relation to conduct referred to in point (a) of Article 3(1) shall be punishable by a maximum term of imprisonment of at least eight years.
   4.   Member States shall take the necessary measures to ensure that the offences referred to in points (b) and (c) of Article 3(1) and in Article 3(3) in relation to conduct referred to in points (b) and (c) of Article 3(1) shall be punishable by a maximum term of imprisonment of at least five years.
   5.   In relation to the offence referred to in point (b) of Article 3(1), Member States may provide for effective, proportionate and dissuasive criminal sanctions other than that referred to in paragraph 4 of this Article, including fines and imprisonment, if the counterfeit currency was received without knowledge but passed on with the knowledge that it is counterfeit.
   Article 6
   Liability of legal persons
   1.   Member States shall take the necessary measures to ensure that legal persons can be held liable for the offences referred to in Articles 3 and 4 committed for their benefit by any person acting either individually or as part of an organ of the legal person who has a leading position within the legal person based on

               (a)

               a power of representation of the legal person;

               (b)

               an authority to take decisions on behalf of the legal person; or

               (c)

               an authority to exercise control within the legal person.

         2.   Member States shall ensure that a legal person can be held liable where the lack of supervision or control by a person referred to in paragraph 1 of this Article has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of that legal person by a person under its authority.
   3.   Liability of a legal person under paragraphs 1 and 2 of this Article shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in the offences referred to in Articles 3 and 4.
   Article 7
   Sanctions for legal persons
   Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6 is subject to effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions such as

               (a)

               exclusion from entitlement to public benefits or aid;

               (b)

               temporary or permanent disqualification from the practice of commercial activities;

               (c)

               placing under judicial supervision;

               (d)

               judicial winding-up;

               (e)

               temporary or permanent closure of establishments which have been used for committing the offence.

         Article 8
   Jurisdiction
   1.   Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 and 4, where

               (a)

               the offence is committed in whole or in part within its territory; or

               (b)

               the offender is one of its nationals.

         2.   Each Member State whose currency is the euro shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 and 4 committed outside its territory, at least where they relate to the euro and where

               (a)

               the offender is in the territory of that Member State and is not extradited; or

               (b)

               counterfeit euro notes or coins related to the offence have been detected in the territory of that Member State.

         For the prosecution of the offences referred to in point (a) of Article 3(1), Article 3(2) and (3), where they relate to point (a) of Article 3(1), as well as incitement, aiding and abetting, and attempt to commit those offences, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinated to the condition that the acts are a criminal offence at the place where they were committed.
   Article 9
   Investigative tools
   Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4.
   Article 10
   Obligation to transmit counterfeit euro notes and coins for analysis and detection of counterfeits
   Member States shall ensure that during criminal proceedings the examination by the National Analysis Centre and Coin National Analysis Centre of suspected counterfeit euro notes and coins for analysis, identification and detection of further counterfeits is permitted without delay. The competent authorities shall transmit the necessary samples without any delay, and at the latest once a final decision concerning the criminal proceedings has been reached.
   Article 11
   Statistics
   Member States shall, at least every two years, transmit data to the Commission on the number of offences laid down in Articles 3 and 4 and the number of persons prosecuted for and convicted of the offences laid down in Articles 3 and 4.
   Article 12
   Reporting by the Commission and review
   By 23 May 2019, the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. The report shall assess the extent to which the Member States have taken the necessary measures to comply with this Directive. The report shall be accompanied, if necessary, by a legislative proposal.
   Article 13
   Replacement of Framework Decision 2000/383/JHA
   Framework Decision 2000/383/JHA is hereby replaced in respect of the Member States bound by this Directive, without prejudice to the obligations of those Member States relating to the time-limit for transposition into national law of Framework Decision 2000/383/JHA.
   For the Member States bound by this Directive, references to Framework Decision 2000/383/JHA shall be construed as references to this Directive.
   Article 14
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 May 2016. 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 reference on the occasion 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 measures of national law which they adopt in the field covered by this Directive.
   Article 15
   Entry into force
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 16
   Addressees
   This Directive is addressed to the Member States in accordance with the Treaties.

      Done at Brussels, 15 May 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         D. KOURKOULAS

      (1)  OJ C 179, 25.6.2013, p. 9.

      (2)  OJ C 271, 19.9.2013, p. 42.

      (3)  Position of the European Parliament of 16 April 2014 (not yet published in the Official Journal) and decision of the Council of 6 May 2014.

      (4)  Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (OJ L 139, 11.5.1998, p. 1).

      (5)  Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 4.7.2001, p. 6).

      (6)  Council Regulation (EC) No 1339/2001 of 28 June 2001 extending the effects of Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency (OJ L 181, 4.7.2001, p. 11).

      (7)  No 2623, p. 372 League of Nations — Treaty Series 1931.

      (8)  Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (OJ L 140, 14.6.2000, p. 1).


Avis juridique important

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31966L0401

Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed  /* CODIFIED VERSION CF 374Y0608(02) */

Official Journal 125 , 11/07/1966 P. 2298 - 2308 Danish special edition: Series I Chapter 1965-1966 P. 0115  English special edition: Series I Chapter 1965-1966 P. 0132  Greek special edition: Chapter 03 Volume 1 P. 0243  Spanish special edition: Chapter 03 Volume 1 P. 0174  Portuguese special edition Chapter 03 Volume 1 P. 0174  Finnish special edition: Chapter 3 Volume 1 P. 0131  Swedish special edition: Chapter 3 Volume 1 P. 0131

COUNCIL DIRECTIVE of 14 June 1966 on the marketing of fodder plant seed (66/401/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  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;  Having regard to the Opinion of the European Parliament 1;  Having regard to the Opinion of the Economic and Social Committee;  Whereas fodder plant production occupies an important place in the agriculture of the European Economic Community;  Whereas satisfactory results in fodder plant cultivation depend to a large extent on the use of appropriate seed ; whereas to this end certain Member States have for some time restricted the marketing of fodder plant seed to high-quality seed ; whereas they have been able to take advantage of the systematic plant selection work carried out over several decades which has resulted in the development of sufficiently stable and uniform fodder plant varieties which, by reason of their characters, promise to be of great value for the purposes in view;  Whereas greater productivity will be achieved in Community fodder plant cultivation if for the choice of the varieties permitted to be marketed the Member States apply uniform rules which are as strict as possible;  Whereas it is, however, justifiable to restrict marketing to certain varieties only if the user can be sure of actually obtaining seed of those varieties;  Whereas certain Member States have for this purpose been applying certification schemes which are intended by official control to ensure identity and varietal purity;  Whereas such a scheme already exists at international level ; whereas the Organisation for Economic Co-operation and Development has established a scheme for the varietal certification of herbage seed moving in international trade;  Whereas it is desirable to establish a uniform certification scheme for the Community based on the experience gained in the application of that scheme and of national schemes for this product;  Whereas the scheme should apply to marketing both in other Member States and on domestic markets;  Whereas, as a general rule, fodder plant seed, for whatever use it is intended as grown, should be allowed to be marketed only if it has been officially examined and certified, in accordance with the rules for certification, as basic seed or certified seed or if, in the case of certain genera and species, it has been officially examined and approved as commercial seed ; whereas the choice of the technical terms "basic seed" and "certified seed" is based on already existing international terminology;  Whereas there should be approval for commercial seed in order to take into account the fact that not all genera and species of fodder plant of importance for cropping have as yet produced either the desired varieties or sufficient quantities of seed of the existing varieties to meet all the needs of the Community ; whereas it is therefore necessary, in the case of certain genera and species, to approve fodder plant seed which is not of a named variety, but which satisfies the regulations in all other respects;  Whereas fodder plant seed which is not placed on the market should not, in view of its minor economic   1 OJ No 109, 9.7.1964, p. 1751/64.   importance, be subject to Community rules ; whereas Member States must retain the right to make such seed subject to special provisions;  Whereas Community rules should not apply to seed shown to be intended for export to third countries;  Whereas, in order to improve not only the genetic quality of Community fodder plant seed but also its external characters, certain requirements should be laid down as to analytical purity and germination;  Whereas, in order to ensure the identity of the seed, Community rules on packaging, sampling, sealing and marking must be established ; whereas to this end the labels should give the particulars needed both for official control and for the information of the user and should clearly show the Community nature of the certification of the certified seed of the various categories;  Whereas certain Member States need blends of fodder plant seed of several genera and species for special uses ; whereas, in order to take these needs into account, Member States should be authorised to approve such blends subject to certain conditions;  Whereas, in order to ensure that both the requirements as to the quality of the seed and the provisions for ensuring its identity are complied with during marketing, the Member States must make provision for appropriate control arrangements;  Whereas seed satisfying these requirements should, without prejudice to Article 36 of the Treaty, be subject to no marketing restrictions other than those provided for in Community rules;  Whereas, during a first stage, until a common catalogue of varieties has been established, the restrictions allowed should include in particular the right of Member States to restrict the marketing of certified seed to those varieties which are of value for cropping and use in their own territory;  Whereas, subject to certain conditions, seed multiplied in another country from basic seed certified in a Member State should be recognised as equivalent to seed multiplied in that Member State;  Whereas, on the other hand, provision should be made for authorising the marketing within the Community of fodder plant seed harvested in third countries only if such seed affords the same assurances as seed officially certified, or officially approved as commercial seed, within the Community and complying with Community rules;  Whereas, during periods in which there are difficulties in obtaining supplies of certified seed of the various categories or of commercial seed, seed satisfying less stringent requirements should temporarily be permitted to be marketed;  Whereas, in order to harmonise the technical methods of certification used in the various Member States and to enable comparisons to be made in the future between seed certified within the Community and that coming from third countries, Community test fields should be established in Member States to permit annual post-control of seed of the various categories of "certified seed";  Whereas the Commission should be entrusted with the task of adopting certain measures for the application of this Directive ; whereas, in order to facilitate implementation of the proposed measures, a procedure should be provided for establishing close co-operation between Member States and the Commission within a Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry;  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to fodder plant seed marketed within the Community, irrespective of the use for which the seed as grown is intended.   Article 2 For the purposes of this Directive, the following definitions shall apply:    A. Fodder plants : plants of the following genera and species: >PIC FILE= "T0019160">    >PIC FILE= "T0019161">        B. Basic Seed:      1. Seed of bred varieties : seed        (a) which has been produced under the  responsibility of the breeder according to  accepted practices for the maintenance of  the variety;               (b) which is intended for the production of  seed of the category "certified seed";               (c) which, subject to the provisions of Article  4, satisfies the conditions laid down in  Annexes I and II for basic seed ; and               (d) which has been found by official  examination to satisfy the above-mentioned  conditions.                          2. Seed of local varieties : seed        (a) which has been produced under official  control from material officially accepted as  being of the local variety on one or more  holdings situated within a clearly  demarcated region of origin;               (b) which is intended for the production of  seed of the category "certified seed";               (c) which, subject to the provisions of Article  4, satisfies the conditions laid down in  Annexes I and II for basic seed ; and               (d) which has been found by official  examination to satisfy the above-mentioned  conditions.                                 C. Certified seed : seed      (a) which is of direct descent from basic seed or  certified seed of a given variety;           (b) which is intended for the production of seed  of the category "certified seed" or of plants;           (c) which, subject to the provisions of Article 4  (b), satisfies the conditions laid down in  Annexes I and II for certified seed ; and           (d) which has been found by official examination  to satisfy the above-mentioned conditions.                   D. Commercial seed : seed      (a) Which is identifiable as belonging to a species;           (b) which, subject to the provisions of Article 4  (b), satisfies the conditions laid down in  Annex II for commercial seed ; and           (c) which has been found by official examination  to satisfy the above-mentioned conditions.                  E. Official measures : measures taken      (a) by State authorities, or           (b) by any legal person whether governed by  public or by private law, acting under the  responsibility of the State, or           (c) in the case of ancillary activities which are  also subject to State control, by any natural  person duly sworn for that purpose,             provided that the persons mentioned under (b)  and (c) derive no private gain from such  measures.          Article 3 1. The Member States shall provide that seed of  Dactylis glomerata L.  Festuca arundinacea Schreb.  Festuca pratenses Huds.  Festuca rubra L.  Lolium spec.  Phleum pratense L.  Medicago sativa L.  Medicago varia Martyn  Pisum arvense L. and  Trifolium repens L.  may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed" and unless it satisfies the conditions laid down in Annex II.  2. The Member States shall provide that fodder plant seed of genera and species other than those listed in paragraph 1 may not be placed on the market unless the seed has been officially certified as "basic seed" or "certified seed", or is commercial seed, and unless the seed also satisfies the conditions laid down in Annex II.  3. The Commission may, in accordance with the procedure laid down in Article 21, provide that after specified dates seed of genera and species of fodder plant other than those listed in paragraph 1 may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed".  4. The Member States shall ensure that the official examinations are carried out in accordance with current international methods, in so far as such methods exist.  5. Member States may provide for derogations from the provisions of paragraphs 1 and 2:    (a) for bred seed of generations prior to basic seed;       (b) for tests or for scientific purposes;       (c) for selection work;       (d) for seed as grown, marketed for processing,  provided that the identity of the seed is ensured.          Article 4 Member States may, however, by way of derogation from the provisions of Article 3:    (a) authorise the official certification and marketing  of basic seed which does not satisfy the  conditions laid down in Annex II in respect of  germination ; a similar derogation may also be  granted in respect of certified seed of Trifolium  pratense where such seed is intended for the  further production of certified seed.  In the cases given above, all necessary measures  shall be taken to ensure that the supplier  guarantees a specific germination which he shall  state for marketing purposes on a special label  bearing his name and address and the reference  number of the seed lot;       (b) in order to make seed rapidly available,  notwithstanding the fact that official examination  to check compliance with the conditions laid  down in Annex II in respect of germination has  not been concluded, authorise the official  certification or approval and marketing as far as  the first buyer by way of trade of seed of the  categories "basic seed", "certified seed" or  "commercial seed". Certification or approval shall  be granted only on presentation of a provisional  analytical report on the seed and provided that the  name and address of the first recipient are given ;  all necessary measures shall be taken to ensure  that the supplier guarantees the germination  ascertained at the provisional analysis ; this  germination shall be stated for marketing  purposes on a special label bearing the name and  address of the supplier and the reference number  of the lot.   These provisions shall not apply to seed  imported from third countries, save as otherwise  provided in Article 15 in respect of multiplication  outside the Community.          Article 5 Member States may, as regards the conditions laid down in Annexes I and II, impose additional or more stringent requirements for the certification and examination of commercial seed produced in their own territory.   Article 6 1. Each Member State shall establish a list of the varieties of fodder plant officially accepted for certification in its territory ; the list shall give the main morphological or physiological characters by which varieties of plants directly derived from seed of the category "certified seed" can be distinguished one from another, and the officially established maximum number of generations accepted for certification produced from the basic seed of each variety. In the case of local varieties the list shall indicate the region of origin.  2. In the case of hybrids and synthetic varieties, the authorities responsible for acceptance and certification shall be informed of the genealogical components. The Member States shall ensure that the results of the examination and the description of the genealogical components are, if the breeder so requests, treated as confidential.  3. A variety shall be accepted for certification only if it has been established by official or officially controlled examinations, particularly growing trials, that the variety is sufficiently uniform and stable.  4. The varieties accepted shall be officially checked at regular intervals. If any of the conditions for acceptance for certification is no longer satisfied, acceptance shall be revoked and the variety deleted from the list.  5. These lists and any alterations made to them shall be sent forthwith to the Commission, which shall communicate them to the other Member States.   Article 7 1. The Member States shall require that, for the checking of varieties, the examination of seed for certification and the examination of commercial seed, samples are drawn officially in accordance with appropriate methods.  2. For the examination of seed for certification and the examination of commercial seed, samples shall be drawn from homogeneous lots ; the maximum weight of a lot and the minimum weight of a sample are given in Annex III.   Article 8 1. The Member States shall require that basic seed, certified seed and commercial seed be marketed only in sufficiently homogeneous consignments and in sealed containers bearing, as prescribed in Articles 9 and 10, a sealing device and markings.  2. Member States may, for the marketing of small quantities to the final consumer, provide for derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking.   Article 9 1. The Member States shall require that packages of basic seed, certified seed and commercial seed be officially sealed in such a manner that when the container is opened the seal is damaged and cannot be reattached.  2. Packages shall not be resealed except officially. If packages are resealed, the fact of resealing, the date of resealing and the authority responsible therefor shall be stated on the label required under Article 10 (1).   Article 10 1. The Member States shall require that packages of basic seed, certified seed and commercial seed    (a) be labelled on the outside with an official label in  one of the official languages of the Community  conforming to the specification in Annex IV ; it  shall be attached with the official seal ; the colour  of the label shall be white for basic seed, blue for  certified seed of the first generation after basic  seed, red for certified seed of subsequent  generations after basic seed and dark yellow for  commercial seed ; for marketing in other Member  States the label shall bear the date on which the  official seal was attached ; if, as envisaged in  Article 4 (a), the basic seed or certified seed  does not satisfy the conditions laid down in  Annex II in respect of germination, this fact shall  be stated on the label;       (b) contain an official document, in the same colour  as the label, giving the same information as that  required under Annex IV for the label ; this  document is not necessary if the information is  printed indelibly on the container.          2. Member States may:    (a) require that in all cases the date on which the  official seal was attached be stated on the label;       (b) provide in the case of small packets for  derogations from the provisions of paragraph 1.          Article 11 This Directive shall not affect the right of Member States to require that, in cases other than those provided for in Article 4, containers of basic seed, certified seed or commercial seed, whether the seed has been produced in their own territory or imported, must, if the seed is to be marketed within their territory, bear a supplier's label.   Article 12 The Member States shall require that any chemical treatment of basic seed, certified seed or commercial seed be noted either on the official label or on the supplier's label and on the container or inside it.   Article 13 1. Member States may authorise the marketing of fodder plant seed in the form of blends composed of various genera and species of fodder plant seed or of blends containing seed of plants which are not fodder plants within the meaning of this Directive, provided that the various components of the blend complied, before blending, with the marketing regulations applicable to them.  2. The provisions of Articles 8, 9 and 11 shall apply, as shall also those of Article 10, except that for blended seed the label used shall be green.   Article 14 1. The Member States shall ensure that basic seed and certified seed which have been officially certified and whose containers have been officially marked and sealed as prescribed in this Directive, and commercial seed whose containers have been officially marked and sealed as prescribed in this Directive, are subject to no marketing restrictions as regards their characters, examination arrangements, marking and sealing other than those laid down in this Directive.  2. Member States may:    (a) where no measures have been taken by the  Commission under Article 3 (3) and entered into  force, provide that after specified dates seed of  genera and species of fodder plant other than  those listed in Article 3 (1) may not be placed on  the market unless it has been officially certified  as "basic seed" or "certified seed";       (b) adopt provisions concerning the maximum  moisture content accepted for marketing;       (c) restrict the marketing of certified fodder plant  seed to that of the first generation after basic  seed;       (d) until such time, which should not be later than 1  January 1970, as a common catalogue of varieties  can be introduced, restrict the marketing of  fodder plant seed to those varieties which are  entered in a national list based on value for  cropping and use in their territory ; the conditions  for inclusion in this list shall be the same for  varieties coming from other Member States as for  domestic varieties.          Article 15 The Member States shall provide that fodder plant seed produced directly from basic seed certified in one Member State and harvested in another Member State or in a third country is to be regarded as equivalent to certified seed of the first generation produced from basic seed harvested in the State which produced the basic seed if that seed has undergone field inspection satisfying the conditions laid down in Annex I and if official examination has shown that the conditions laid down in Annex II for certified seed are satisfied.   Article 16 1. The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether:    (a) in the case provided for in Article 15, the field  inspections in the third country satisfy the  conditions laid down in Annex I;       (b) fodder plant seed havested in a third country and  affording the same assurances as regards its  characters and the arrangements for its  examination, for ensuring identity, for marking  and for control is equivalent in these respects to  basic seed, certified seed or commercial seed  harvested within the Community and complying  with the provisions of this Directive.          2. Until such time as the Council has taken a decision under paragraph 1, the Member States shall be free to take such decisions themselves. This right shall expire on 1 July 1969.   Article 17 1. In order to remove any temporary difficulties in the general supply of basic seed, certified seed or commercial seed that occur in one or more Member States and cannot be overcome within the Community, the Commission, acting in accordance with the procedure laid down in Article 21, shall authorise one or more of the Member States to accept for marketing, for a period to be set by the Commission, seed of a category satisfying less stringent requirements.  2. For a category of seed of any given variety, the official label shall be that provided for the corresponding category ; in all other cases it shall be that provided for commercial seed. The label shall always state that the seed in question is of a category satisfying less stringent requirements.   Article 18 This Directive shall not apply to fodder plant seed shown to be intended for export to third countries.   Article 19 The Member States shall make suitable arrangements for fodder plant seed to be officially controlled during marketing, at least by check sampling, as regards its compliance with the requirements of this Directive.   Article 20 1. Community test fields shall be established within the Community for the annual post-control of seed samples taken during check sampling ; these fields shall be subject to inspection by the Committee referred to in Article 21.  2. These comparative tests shall, during a first stage, be used to harmonise the technical methods of certification so as to obtain results which are equivalent. As soon as this aim is achieved, annual progress reports shall be made on the comparative tests and sent in confidence to the Member States and to the Commission. The Commission shall, in accordance with the procedure laid down in Article 12, set the date for the first report.  3. The Commission, acting in accordance with the procedure laid down in Article 21, shall make the necessary arrangements for the comparative tests to be carried out. Fodder plant harvested in third countries may be included in the comparative tests.   Article 21 1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State, to the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry (hereinafter called the "Committee") set up by the Council Decision of 14 June 1966 1.  2. Within the Committtee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its Opinion on such measures within a time limit set by the Chairman according to the urgency of the matter. Opinions shall be delivered by a majority of twelve votes.  4. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the Opinion of the Committee, they shall forthwith be communicated by the Commission to the Council. In that event the Commission may defer application of the measures which it has adopted for not more than one month from the date of such communication.  The Council, acting by a qualified majority, may take a different decision within one month.   Article 22 This Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.   1 OJ No 125, 11.7.1966, p. 2289/66.    Article 23 The Member States shall, not later than 1 July 1968, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of Article 14 (1) and, not later than 1 July 1969, those necessary to comply with the other provisions of this Directive and its Annexes. They shall forthwith inform the Commission thereof.   Article 24 This Directive is addressed to the Member States.     Done at Brussels, 14 June 1966.  For the Council  The President  P. WERNER    ANNEX I Conditions for crop certification     1. The crop shall have sufficient identity and varietal purity.       2. There shall be at least one official field inspection before each seed harvest.       3. The field shall be so cultivated and the crop at such a stage of development as to permit  identity and varietal purity to be adequately checked.       4. The field shall not have had previous cropping of a kind imcompatible with the production  of seed of the species and variety of the crop.       5. For cross-fertilised species the minimum distances from neighbouring crops of other varieties  of the same species, from crops of the same variety showing marked degeneration and from  crops of related species which may result in undesirable foreign pollination shall be: >PIC FILE= "T0019162">   These distances can be disregarded if there is sufficient protection from any undesirable  foreign pollination.          ANNEX II Conditions to be satisfied by the seed  I. CERTIFIED SEED      1. The seed shall have sufficient identity and varietal purity.       2. Diseases which reduce the usefulness of the seed shall be at the lowest possible level.       3. The seed shall also conform to the following:      A. Standards: >PIC FILE= "T0019163">             B. Notes:        (a) Up to the maximum quantity indicated, hard seeds present shall be regarded as seeds  capable of germination.               (b) All fresh and healthy seeds which do not germinate after pretreatment shall be  regarded as seeds which have germinated.               (c) The seed shall be free from Avena fatua and Cuscuta ; however, one seed of Avena  fatua or Cuscuta in a 100-gramme sample shall not be regarded as an impurity if a  second sample of 200 grammes is free from Avena fatua and Cuscuta.               (d) The percentage by weight of Alopercurus myosuroides seeds shall not exceed 0 73.               (e) The percentage by weight of seeds of other cultivated plants shall not exceed 1 ; in  the case of a Poa species, 1 % seeds of other Poa species shall not be regarded as an  impurity.                          C. Special conditions for Lupinus spec.:        (a) The percentage by number of seeds of another colour shall not exceed 1.               (b) The percentage by number of bitter seeds in varieties of sweet lupin shall not exceed:  3 for certified seed of the first generation after basic seed;  3 for certified seed of subsequent generations after basic seed.                                   II. BASIC SEED  Subject to the supplementary provisions below, the conditions laid down in Section I of this Annex shall apply to basic seed:    1. The percentage by weight of seeds of other plants shall not exceed 0 72, of which neither  the percentage of seeds of other cultivated plants nor the percentage of weed seeds shall  exceed 0 71.       2. The number of Alopecurus myosuroides seeds shall not exceed 5 in a sample of 25 grammes.       3. Lupinus spec. : the percentage by number of bitter seeds in varieties of sweet lupin shall not  exceed 1.         III. COMMERCIAL SEED  Subject to the supplementary provisions below, the conditions laid down in paragraphs 2 and 3 of Section I of this Annex shall apply to commercial seed:    1. The percentage by weight of seeds of other cultivated plants shall not exceed 3.       2. In the case of a Poa species, 3 % of seeds of other Poa species shall not be regarded as an  impurity.       3. In the case of a Vicia species, a total of 6 % of seeds of Vicia pannonica, Vicia villosa and  related cultivated species shall not be regarded as an impurity.       4. Lupinus spec.      (a) The number of seeds of another colour shall not exceed 2 %;           (b) The number of bitter seeds in sweet lupin shall not exceed 5 %.                     ANNEX III >PIC FILE= "T0019164"> ANNEX IV Label     A. Required information      (a) For basic seed and certified seed:        1. "Seed certified in accordance with European Economic Community rules"               2. Certification authority and Member State 3. Reference number of lot               4. Species               5. Variety               6. Category               7. Country of production               8. Declared net or gross weight               9. For certified seed of the second generation and subsequent generations after basic  seed : number of generations after basic seed                          (b) For commercial seed:        1. "Commercial seed (not certified as to variety)"               2. Examining authority and Member State               3. Reference number of lot               4. Species 1               5. Region of production               6. Declared net or gross weight                          (c) For seed blends:        1. "Seed blends for ... (intended use)"               2. Authority responsible for sealing and Member State               3. Reference number of lot               4. Species, category, variety, country of production or, in the case of commercial seed,  region of production and proportion by weight of each of the components               5. Declared net or gross weight                                 B. Minimum dimensions  110 mm × 67 mm         1 In the case of lupins, it must be stated whether the lupin in question is bitter or sweet.


title: Directive 2006/1/EC of the European Parliament and of the Council of  18 January 2006  on the use of vehicles hired without drivers for the carriage of goods by road (codified version)   (Text with EEA relevance)

text:
               4.2.2006

               EN

               Official Journal of the European Union

               L 33/82

      DIRECTIVE 2006/1/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 18 January 2006
   on the use of vehicles hired without drivers for the carriage of goods by road
   (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),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               From a macroeconomic point of view, the use of hired vehicles permits, in certain situations, an optimum allocation of resources by limiting the wasteful use of factors of production.

               (3)

               From a microeconomic point of view, this possibility brings an element of flexibility to the organisation of transport, and thus increases the productivity of the undertakings concerned.

               (4)

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

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   For the purposes of this Directive:

               (a)

               ‘vehicle’ means a motor vehicle, a trailer, a semi-trailer, or a combination of vehicles intended exclusively for the carriage of goods;

               (b)

               ‘hired vehicle’ means any vehicle which, for remuneration and for a determined period, is put at the disposal of an undertaking which engages in the carriage of goods by road for hire or reward or for its own account on the basis of a contract with the undertaking which makes the vehicles available.

         Article 2
   1.   Each Member State shall allow the use within its territory, for the purposes of traffic between Member States, of vehicles hired by undertakings established on the territory of another Member State provided that:

               (a)

               the vehicle is registered or put into circulation in compliance with the laws in the latter Member State;

               (b)

               the contract relates solely to the hiring of a vehicle without a driver and is not accompanied by a service contract concluded with the same undertaking covering driving or accompanying personnel;

               (c)

               the hired vehicle is at the sole disposal of the undertaking using it during the period of the hire contract;

               (d)

               the hired vehicle is driven by personnel of the undertaking using it.

         2.   Proof of compliance with the conditions referred to in paragraph 1, points (a) to (d) shall be provided by the following documents, which must be on board the vehicle:

               (a)

               the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the identification of the vehicle;

               (b)

               where the driver is not the person hiring the vehicle, the driver's employment contract or a certified extract from that contract giving in particular the name of the employer, the name of the employee and the date and duration of the employment contract or a recent pay slip.

         If need be, the documents referred to in (a) and (b) may be replaced by an equivalent document issued by the competent authorities of the Member State.
   Article 3
   1.   Member States shall take the necessary measures to ensure that their undertakings may use, for the carriage of goods by road, under the same conditions as vehicles owned by them, hired vehicles registered or put into circulation in compliance with the laws in their countries, provided that the conditions laid down in Article 2 are satisfied.
   2.   Member States may exclude from the provisions of paragraph 1 own-account transport operations carried out by vehicles with a total permissible laden weight of more than 6 tonnes.
   Article 4
   This Directive shall not affect the regulations of a Member State which lays down less restrictive conditions for the use of hired vehicles than those specified in Articles 2 and 3.
   Article 5
   Without prejudice to Articles 2 and 3, this Directive shall not affect the application of the rules concerning:

               (a)

               the organisation of the market for the carriage of goods by road for hire or reward and own account and in particular access to the market and quota restrictions on road capacities;

               (b)

               prices and conditions for the carriage of goods by road;

               (c)

               the formation of hire prices;

               (d)

               the import of vehicles;

               (e)

               the conditions governing access to the activity or occupation of road-vehicle lessor.

         Article 6
   Directive 84/647/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives listed in Annex I, Part B.
   References to the repealed Directive shall be construed as references to this Directive and should be read in accordance with the correlation table set out in Annex II.
   Article 7
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 8
   This Directive is addressed to the Member States.

      Done at Strasbourg, 18 January 2006.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         H. WINKLER

      (1)  OJ C 108, 30.4.2004, p. 56.

      (2)  Opinion of the European Parliament of 10 February 2004 (OJ C 97 E, 22.4.2004, p. 66) and Council Decision of 8 December 2005.

      (3)  OJ L 335, 22.12.1984, p. 72. Directive as amended by Directive 90/398/EEC (OJ L 202, 31.7.1990, p. 46).

      (4)  See Annex I, part A.

      ANNEX I
      Part A
      Repealed Directive with its amendment

         (referred to in Article 6)

                  Council Directive 84/647/EEC

                  (OJ L 335, 22.12.1984, p. 72)

                  Council Directive 90/398/EEC

                  (OJ L 202, 31.7.1990, p. 46)

            Part B
      List of time-limits for transposition into national law

         (referred to in Article 6)

                  Directive

                  Time-limit for transposition

                  Directive 84/647/EEC

                  30 June 1986

                  Directive 90/398/EEC

                  31 December 1990

      ANNEX II
      Correlation Table

                  Directive 84/647/EEC

                  This Directive

                  Article 1, introductory sentence

                  Article 1, introductory sentence

                  Article 1, first indent

                  Article 1(a)

                  Article 1, second indent

                  Article 1(b)

                  Article 2, introductory sentence

                  Article 2(1), introductory sentence

                  Article 2, points 1-4

                  Article 2(1)(a)-(d)

                  Article 2, point 5, first subparagraph, introductory sentence

                  Article 2(2), first subparagraph, introductory sentence

                  Article 2, point 5, first subparagraph, points (a) and (b)

                  Article 2(2), first subparagraph, points (a) and (b)

                  Article 2, point 5, second subparagraph

                  Article 2(2), second subparagaph

                  Article 3

                  Article 3

                  Article 4(1)

                  Article 4

                  Article 5, introductory sentence

                  Article 5, introductory sentence

                  Article 5, first indent

                  Article 5(a)

                  Article 5, second indent

                  Article 5(b)

                  Article 5, third indent

                  Article 5(c)

                  Article 5, fourth indent

                  Article 5(d)

                  Article 5, fifth indent

                  Article 5(e)

                  Article 6

                  —

                  Article 7

                  —

                  Article 8

                  —

                  —

                  Article 6

                  —

                  Article 7

                  Article 9

                  Article 8

                  —

                  Annex I

                  —

                  Annex II


Avis juridique important

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31991L0157

Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances

Official Journal L 078 , 26/03/1991 P. 0038 - 0041 Finnish special edition: Chapter 15 Volume 10 P. 0072  Swedish special edition: Chapter 15 Volume 10 P. 0072

COUNCIL DIRECTIVE  of 18 March 1991  on batteries and accumulators containing certain dangerous substances  (91/157/EEC) THE 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 any disparity between the laws or administrative measures adopted by the Member States on the disposal of batteries and accumulators could create barriers to trade and distort competition in the Community and may thereby have a direct impact on  the establishment and functioning of the internal market; whereas it therefore appears necessary to approximate the laws in the field;  Whereas Article 2 (2) of Council Directive 75/442/EEC of 15 July 1975 on waste (4), as amended by Directive 91/156/EEC (5), provides that specific rules for particular instances or supplementing those of the said Directive in order to regulate the  management of particular categories of waste shall be laid down by means of individual Directives;  Whereas the objectives and principles of the Community's environment policy, as set out in the European Community action programmes on the environment on the basis of the principles enshrined in Article 130r (1) and (2) of the EEC Treaty, aim in  particular at preventing, reducing and as far as possible eliminating pollution and ensuring sound management of raw materials resources, on the basis also of the 'polluter pays' principle;  Whereas, in order to achieve these objectives, the marketing of certain batteries and accumulators should be prohibited, in view of the amount of dangerous substances they contain;  Whereas, to ensure that spent batteries and accumulators are recovered and disposed of in a controlled manner, Member States must take measures to ensure that they are marked and collected separately;  Whereas collection and recycling of spent batteries and accumulators can help avoid unnecessary use of raw materials;  Whereas appliances containing non-removable batteries or accumulators may represent an environmental hazard when they are disposed of; whereas Member States should therefore take appropriate measures;  Whereas programmes should be set up in the Member States to achieve the various objectives set out above; whereas the Commission should be informed of these programmes and of the specific measures taken;  Whereas recourse to economic instruments such as the setting up of a deposit system may encourage the separate collection and recycling of spent batteries and accumulators;  Whereas provision should be made for consumer information in this field;  Whereas provision should be made for appropriate procedures to implement the provisions of this Directive, particularly the making system, and to ensure that the Directive can be easily adapted to scientific and technical progress; whereas the committee  referred to in Article 18 of Directive 75/442/EEC should be instructed to assist the Commission in these tasks,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The aim of this Directive is to approximate the laws of the Member States on the recovery and controlled disposal of those spent batteries and accumulators containing dangerous substances in accordance with Annex I.  Article 2  For the purposes of this Directive:  (a) 'battery or accumulator' means a source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary (non-rechargeable) batteries or secondary (rechargeable) cells, as listed in Annex I;  (b) 'spent battery or accumulator' means a battery or accumulator which is not re-usable and is intended for recovery or disposal;  (c) 'disposal' means any operation, provided that it is applicable to batteries and accumulators, included in Annex II A to Directive 75/442/EEC;  (d) 'recovery' means any operation, provided that it is applicable to batteries and accumulators, included in Annex II B to Directive 75/442/EEC;  (e) 'collection' means the gathering, sorting and/or grouping together of spent batteries and accumulators;  (f) 'deposit system' means a system under which the buyer, upon purchase of batteries or accumulators, pays the seller a sum of money which is refunded when the spent batteries or accumulators are returned.  Article 3  1. Member States shall prohibit, as from 1 January 1993, the marketing of:  - alkaline manganese batteries for prolonged use in extreme conditions (e.g. temperatures below 0° C or above 50° C, exposed to shocks) containing more than 0,05 % of mercury by weight,  - all other alkaline manganese batteries containing more than 0,025 % of mercury by weight.  Alkaline manganese button cells and batteries composed of button cells shall be exempted from this prohibition.  2. Paragraph 1 shall be inserted in Annex I to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain  dangerous substances and preparations (6), as last amended by Directive 85/610/EEC (7).  Article 4  1. In the context of the programmes referred to in Article 6, Member States shall take appropriate steps to ensure that spent batteries and accumulators are collected separately with a view to their recovery or disposal.  2. To this end, Member States shall ensure that batteries and accumulators and, where appropriate, appliances into which they are incorporated are marked in the appropriate manner.  The marking must include indications as to the following points:  - separate collection,  - where appropriate, recycling,  - the heavy-metal content.  3. The Commission shall draw up, in accordance with the procedure referred to in Article 10, the detailed arrangements for the marking system. These arrangements shall be published in the Official Journal of the European Communities.  Article 5  Member States shall take measures to ensure that batteries and accumulators cannot be incorporated into appliances unless they can be readily removed, when spent, by the consumer.  These measures shall enter into force on 1 January 1994.  This Article shall not apply to the categories of appliance included in Annex II.  Article 6  Member States shall draw up programmes in order to achieve the following objectives:  - reduction of the heavy-metal content of batteries and accumulators,  - promotion of marketing of batteries and accumulators containing smaller quantities of dangerous substances and/or less polluting substances,  - gradual reduction, in household waste, of spent batteries and accumulators covered by Annex I,  - promotion of research aimed at reducing the dangerous-substance content and favouring the use of less polluting substitute substances in batteries and accumulators, and research into methods of recycling,  - separate disposal of spent batteries and accumulators covered by Annex I.  The first programmes shall cover a four-year period starting on 18 March 1993. They shall be communicated to the Commission by 17 September 1992 at the latest.  The programmes shall be reviewed and updated regularly, at least every four years, in the light in particular of technical progress and of the economic and environmental situation. Amended programmes shall be communicated to the Commission in good time.  Article 7  1. Member States shall ensure the efficient organization of separate collection and, where appropriate, the setting up of a deposit system. Furthermore, Member States may introduce measures such as economic instruments in order to encourage  recycling. These measures must be introduced after consultation with the parties concerned, be based on valid ecological and economic criteria and avoid distortions of competition.  2. When notifying the programmes to which Article 6 refers, Member States shall inform the Commission of the measures they have taken pursuant to paragraph 1.  Article 8  In the context of the programmes referred to in Article 6, Member States shall take the necessary steps to ensure that consumers are fully informed of:  (a) the dangers of uncontrolled disposal of spent batteries and accumulators;  (b) the marking of batteries, accumulators and appliances with permanently incorporated batteries and accumulators;  (c) the method of removing batteries and accumulators which are permanently incorporated into appliances.  Article 9  Member States may not impede, prohibit or restrict the marketing of batteries and accumulators covered by this Directive and conforming to the provisions laid down herein.  Article 10  The Commission shall adapt Articles 3, 4 and 5 and Annexes I and II to technical progress in accordance with the procedure laid down in Article 18 of Directive 75/442/EEC.  Article 11  1. Member States shall take the measures necessary to comply with this Directive before 18 September 1992. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.  Article 12  This Directive is addressed to the Member States.   Done at Brussels, 18 March 1991.   For the Council  The President  A. BODRY  (1) OJ No C 6, 7. 1. 1989, p. 3 and OJ No C 11, 17. 1. 1990, p. 6.   (2) OJ No C 158, 26. 6. 1989, p. 209 and OJ No C 19, 28. 1. 1991.   (3) OJ No C 194, 31. 7. 1989, p. 21.   (4) OJ No L 194, 25. 7. 1975, p. 47.   (5) See page 32 of this Official Journal.   (6) OJ No L 262, 27. 9. 1976, p. 201.   (7) OJ No L 375, 31. 12. 1985, p. 1.    ANNEX I BATTERIES AND ACCUMULATORS COVERED BY THE DIRECTIVE  1. Batteries and accumulators put on the market as from the date laid down in Article 11 (1) and containing:  - more than 25 mg mercury per cell, except alkaline manganese batteries,  - more than 0,025 % cadmium by weight,  - more than 0,4 % lead by weight.  2. Alkaline manganese batteries containing more than 0,025 % mercury by weight placed on the market as from the date laid down in Article 11 (1).   ANNEX II LIST OF CATEGORIES OF APPLIANCE EXCLUDED FROM THE SCOPE OF ARTICLE 5  1. Those appliances whose batteries are soldered, welded or otherwise permanently attached to terminals to ensure continuity of power supply in demanding industrial usage and to preserve the memory and data functions of information technology and  business equipment, where use of the batteries and accumulators referred to in Annex I is technically necessary.  2. Reference cells in scientific and professional equipment, and batteries and accumulators placed in medical devices designed to maintain vital functions and in heart pacemakers, where uninterrupted functioning is essential and the batteries and  accumulators can be removed only by qualified personnel.  3. Portable appliances, where replacement of the batteries by unqualified personnel could present safety hazards to the user or could affect the operation of the appliance, and professional equipment intended for use in highly sensitive surroundings,  for example in the presence of volatile substances.  Those appliances the batteries and accumulators of which cannot be readily replaced by the user, in accordance with this Annex, shall be accompanied by instructions informing the user of the content of environmentally hazardous batteries and  accumulators and showing how they can be removed safely.