Avis juridique important

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31990L0121

Twelfth Commission Directive 90/121/EEC of 20 February 1990 adapting to technical progress Annexes II, III, IV, V and VI to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products

Official Journal L 071 , 17/03/1990 P. 0040 - 0042 Finnish special edition: Chapter 13 Volume 19 P. 0149  Swedish special edition: Chapter 13 Volume 19 P. 0149

*****TWELFTH  COMMISSION DIRECTIVE  of 20 February 1990  adapting to technical progress Annexes II, III, IV, V and VI to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products  (90/121/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Directive 89/679/EEC (2), and in particular Article 8 (2) thereof,  Whereas on the basis of the available information, certain provisionally permitted colouring agents, substances and preservatives may be definitively permitted, while others must be definitively prohibited or be permitted for a further specified period;  Whereas, in order to protect public health, it is necessary to prohibit the use of certain colouring agents, 11 a -hydroxypregn-4-ene-3,20-dione and its esters, hormones, zirconium with the exception of certain complexes, tyrothricin, antiandrogens of steroid structure, acetonitrile and tetrahydrozoline;  Whereas, on the basis of the latest scientific and technical research, the use of lead acetate as a hair dye may be permitted in cosmetic products subject to certain limitations and requirements, provided that certain warnings are given on the labelling for the purpose of protecting public health;  Whereas the use of the lakes of colouring agent CI 17 200 should be authorized;  Whereas, on the basis of the latest scientific and technical research, the use of 3-decyloxy-2-hydroxy-1-aminopropane-hydrochloride as a preservative in cosmetic products and the use of Solvent yellow 98 as a colouring agent in nail care products, permitted subject to certain limitations and requirements;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives on the removal of technical barriers to trade in the cosmetic products sector,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 76/768/EEC is amended as follows:  1. In Annex II:  - in No 39, 'with the exception of that given in Annex V' is deleted,  - in No 194, 'with the exception of those listed in Annex V' is deleted,  - in No 289, 'compounds, with the exception of that mentioned in Annex V' is replaced by 'compounds, with the exception of that mentioned in Annex III, No 55 under the conditions stated',  - in Nos 376 and 377, 'and their salts' is added,  - the following substances are added:  '385. 11 a-Hydroxypregn-4-ene-3,20-dione and its esters  386. Colouring agent CI 42 640  387. Colouring agent CI 13 065  388. Colouring agent CI 42 535  389. Colouring agent CI 61 554  390. Antiandrogens with steroid structure  391. Zirconium and its compounds, with the exception of the complexes under reference number 50 in Annex III (Part 1) and of zirconium lakes, salts and pigments of colouring agents listed with reference number 3 in Annex IV (Part 1)  392. Thyrothricine  393. Acetonitrile  394. Tetrahydrozoline and its salts'.  2. In Annex III, Part 1, in the French version only, under reference number 1, Boric acid:  (a) in column (e), 'ne pas employer dans des produits de soins pour enfants en dessous de 3 ans' is replaced by 'ne pas employer dans des produits d'hygiène pour enfants en dessous de 3 ans' (the English text remains unchanged);  (b) in column (f), 'ne pas employer pour les soins d'enfants en dessous de 3 ans' is replaced by 'ne pas employer pour l'hygiène des enfants en dessous de 3 ans' (the English text remains unchanged).  3. In Annex III, Part 1, reference number 55 is added as follows:  1.2.3.4.5.6 //  //  //  //  //  //  // a  // b  // c  // d  // e  // f  //  //  //  //  //  //  // '55   // Lead acetate  // Only for hair-dyeing   // 0,6 % calculated in lead   //  // Keep away from children. Avoid all contact with the eyes. Wash hands after use. Contains lead acetate. Do not use to dye eyelashes, eyebrows or moustasches. If irritation develops, discontinue use.'   //    //   //   //   //   //  4. In Annex III, Part 2, '31.12.1989' in the column headed 'Allowed until' is replaced by '31.12.1990' for the following reference numbers:  2. 1,1,1-Trichloroethane (methyl chloroform), and  4. 2,2-Dithiobis (pyridine 1-oxide), addition product with magnesium sulphate trihydrate.  5. In Annex IV, Part 1:  (a) colour index number 42 640 is deleted;  (b) for the colour index numbers 42 045 and 44 045 the cross sign 'X' is deleted from column 4 and inserted in column 3;  (c) 'Other limitations and requirements' is deleted for colour index numbers 42 045 and 44 045;  (d) a footnote reference '(3)' is added to the entry for colour index number 17 200.  6. In Annex IV, Part 2:  (a) the following colouring agent is added:  1.2.3,6.7.8 //  //  //  //  //  // Colour index-number or denomination   // Colour   // Field of application  // Other limitations and requirements (2)  // Admitted until 1.2.3.4.5.6.7.8 //   //   // 1   // 2   // 3   // 4   //   //  //    //   //   //   //   //   //   //   // 'Solvent yellow 98  // Yellow   //   //   // ×   //   // Only in nail care preparations maximum 0,5 % in the final product   // 31. 12. 1991   //    //   //   //   //   //   //   //  (b) colour index numbers 13 065, 21 110, 42 045, 42 535, 44 045, 61 554 are deleted;  (c) '31.12.1989' in the column headed 'Authorization valid until' is replaced by '31.12.1990' in so far as colour index numbers 26 100 and 73 900 are concerned;  (d) '31.12.1990' in the column headed 'Authorization valid until' is replaced by '31.12.1991' in so far as colour index number 74 180 is concerned;  7. In Annex V, numbers 1, 3, 6, 9 are deleted.  8. (a) In Annex VI, Part 2, number 27 is added:  1.2.3.4.5.6 //  //  //  //  //  //  // a   // b  // c   // d  // e   // f   //    //   //   //   //   //   // 27  // 3-Decyloxy-2-hydroxy-1-amino propane-hydro-chlo-  ride (Decominol) (INN))   // 0,5 %   //   //   // 31. 12. 1990   //   //   //   //   //   //  (b) in Annex VI, Part 2, '31.12.1989' in column (f) is replaced by '31.12.1990' for the following substances:  2. Chlorphenesin (INN),  4. Alkyl (C12-C22) trimethyl-ammonium bromide and chloride (including Cetrimonium bromide) (*),  6. 4,4-Dimethyl-1,3-oxazolidine,  15. Benzethonium chloride (INN) (*),  16. Benzalkonium chloride (INN), bromide and saccharinate (*),  17. 1-[1,3-Bis (hydroxymethyl)2,5-dioxoimidazo- lidin-1-yl]-1,3-bis (hydroxymethy) urea,  20. Hexamidine (INN) and its salts (including isethionate and 4-hydroxybenzoate) (*),  21. Benzylhemiformal (a 1: 1 mixture of benzyloxymethanol and (benzyloxymethoxy) methanol).  Article 2  1. Regardless of the dates of admission referred to in Article 1, points 4, 6 and 8, the Member States shall take all necessary measures to ensure that as from 1 January 1991, for the substances mentioned in Article 1, point 1, and as from 1 January 1992, for the substances mentioned in Article 1, points 3, 5, 6 and 8, neither manufacturers nor importers established in the Community shall place on the market products which do not comply with the requirements of this Directive.  2. The Member States shall take all necessary measures to ensure that the products referred to in paragraph 1 containing the substances mentioned in Article 1, point 1 shall no longer be sold or otherwise disposed of to the final consumer after 31 December 1991 and that the products containing the substances mentioned in Article 1, points 3, 5, 6 and 8 shall no longer be sold or disposed of to the final consumer after 31 December 1993, if they do not comply with the requirements of this Directive.  Article 3  1. The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive no later than 31 December 1990. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 20 February 1990.  For the Commission  Karel VAN MIERT  Member of the Commission  (1) OJ No L 262, 27. 9. 1976, p. 169.  (2) OJ No L 398, 30. 12. 1989, p. 25.


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31989L0362

Commission Directive 89/362/EEC of 26 May 1989 on general conditions of hygiene in milk production holdings

Official Journal L 156 , 08/06/1989 P. 0030 - 0032 Finnish special edition: Chapter 3 Volume 29 P. 0112  Swedish special edition: Chapter 3 Volume 29 P. 0112

*****COMMISSION  DIRECTIVE  of 26 May 1989  on general conditions of hygiene in milk production holdings  (89/362/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 85/397/EEC of 5 August 1985 on health and animal-health problems affecting intra-Community trade in heat-treated milk (1), as amended by Regulation (EEC) No 3768/85 (2), and in particular Article 11 (4) thereof,  Whereas untreated milk must come from production holdings which meet the general hygiene conditions laid down in Chapter VI of Annex A to Directive 85/397/EEC;  Whereas the Member States must ensure that production holdings undergo periodic inspections in order to ensure that the hygiene requirements are fulfilled;  Whereas for the purpose of inspecting production holdings a general code of hygiene should be drawn up specifying the general conditions of hygiene to be complied with in production holdings, in particular the conditions for the upkeep of premises and those relating to milking operations;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Member States shall ensure that milk production holdings comply with the general code of hygiene laid down in the Annex.  Article 2  1. The Commission may formulate recommendations concerning the explanatory notes to the general code of hygiene.  2. The Commission shall publish the recommendations referred to in paragraph 1.  Article 3  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1990 at the latest. They shall forthwith inform the Commission thereof.  The provisions adopted pursuant to the first paragraph shall make express reference to this Directive.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 26 May 1989.  For the Commission  Ray MAC SHARRY  Member of the Commission  (1) OJ No L 226, 24. 8. 1985, p. 13.  (2) OJ No L 362, 31. 12. 1985, p. 8.  ANNEX  GENERAL CODE OF HYGIENE TO BE COMPLIED WITH IN PRODUCTION HOLDINGS  CHAPTER I  General conditions for the upkeep of premises  1. The cowshed where the cows are housed and the premises belonging thereto must at all times be sufficiently clean, tidy and in good condition.  2. Access to the cowshed and the premises belonging thereto must be kept free of any accumulations of dung or offensive matter.  3. Manure must be cleared from dung channels as regularly as necessary.  4. The tie-up stalls must be kept dry, if necessary by the use of bedding.  5. The milking parlour, milk-room, cleaning and store rooms and equipment in these must at all times be kept clean, tidy and in good condition.  6. The disinfection of the cowshed and premises belonging thereto must be performed in a way that does not risk admixture of disinfectant to the milk or tainting of the milk.  7. Pigs and poultry must not be housed in the cowshed or premises where cows are milked.  8. Flies, rodents and other vermin must be controlled.  9. Chemicals, drugs and the like must be kept in a safe place.  10. Feedstuffs that can have an adverse effect on the milk must not be stored in the cowshed.  CHAPTER II  General conditions for the upkeep of equipment and utensils to be used for milking and the handling of milk  1. The equipment and utensils used for milking and all their components must at all times be sufficiently clean and maintained in good physical condition.  2. After cleaning and disinfection, the equipment and utensils for milking, treatment, storage and transport of milk must be rinsed with potable water. Utensils and brushes must be stored hygienically.  3. Bulk tanks must, when emptied after cleaning and disinfection, be left with an open plug hole until the time they are used.  CHAPTER III  General hygiene conditions relating to milking operations  1. The individual cows in the herd must be identifiable to the competent authority. They must be clean and well-kept.  2. Any work that might have an adverse effect on the milk must not be allowed immediately before and during the milking.  3. Before the milking of a cow is started the teats, udder and if necessary adjacent parts of the groin, thigh and abdomen of the cow must be clean.  4. Before the milking of the individual cow the milker must inspect the appearance of the milk. If any physical abnormality is detected, milk from the cow must be withheld from delivery.  Cows with clinical udder diseases must be milked last or by a separate machine or handstripped and the milk must be withheld from delivery.  5. Teat dips or sprays for lactating cows must only be used immediately after milking unless otherwise authorized by the official authorities. Components in teat dips or sprays must be acceptable to the official authorities.  6. Persons occupied with the milking and further treatment of the milk must wear suitable clean milking clothes. 7. Milkers must wash their hands immediately before the milking commences and keep them clean as far as practicable throughout the milking. For this purpose, near the place of milking, suitable facilities are required to enable persons engaged in milking or treatment of milk to wash their hands and arms.  Open cuts and abrasions must be covered with a waterproof dressing.  8. The milk must be stored until collection in the milk room or in a milk store room.  9. Milk rooms must be used only for activities relating to the handling of milk and milking equipment.  10. Buckets containing milk must be covered while placed in the cowshed or carried outside and transferred to milk rooms.  11. If the milk is filtered, the filter used must, depending on the type, be changed or cleansed before its capacity for absorption is exhausted. In any case, the filter must be changed or cleansed before each milking. Filtering cloths must not be used.


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32003L0023

Commission Directive 2003/23/EC of 25 March 2003 amending Council Directive 91/414/EEC to include imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl and cyazofamid as active substances (Text with EEA relevance)

Official Journal L 081 , 28/03/2003 P. 0039 - 0042

Commission Directive 2003/23/ECof 25 March 2003amending Council Directive 91/414/EEC to include imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl and cyazofamid as active substances(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 2002/81/EC(2), and in particular Article 6(1) thereof,Whereas:(1) In accordance with Article 6(2) of Directive 91/414/EEC France received on 2 December 1997 an application from Cyanamid NV/SA (now BASF AG) for the inclusion of the active substance imazamox in Annex I to Directive 91/414/EEC. Commission Decision 1998/676/EC(3) confirmed that the dossier was "complete" in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.(2) Italy received a similar application on 29 May 1998 from Novartis Protezione Piante SpA (now Syngenta) concerning oxasulfuron. This application was declared complete by Commission Decision 1999/237/EC(4).(3) Italy received a similar application on 3 July 1996 from Hoechst Schering AgrEvo GmbH (now Bayer Crop Science concerning ethoxysulfuron. This application was declared complete by Commission Decision 97/591/EC(5).(4) Germany received a similar application on 30 March 2000 from Aventis Crop Science (now Bayer Crop Science) concerning foramsulfuron. This application was declared complete by Commission Decision 2000/540/EC(6).(5) Italy received a similar application on 16 June 1997 from Rhone-Poulenc Agro SA (now Bayer Crop Science) concerning oxadiargyl. This application was declared complete by Commission Decision 98/398/EC(7).(6) France received a similar application on 16 December 1999 from Ishira Sangyo Kaisha Ltd concerning cyazofamid. This application was declared complete by Commission Decision 2000/412/EC(8).(7) For these active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The nominated rapporteur Member States, submitted a draft assessment report concerning the substance to the Commission on 9 September 1999 (imazamox), 10 May 2000 (oxasulfuron), 20 May 1998 (ethoxysulfuron), 1 June 2001 (foramsulfuron), 20 July 1999 (oxadiargyl) and 27 August 2001 (cyazofamid).(8) The draft assessment reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 3 December 2002 in the format of the Commission review reports for imazamox, oxadiargyl, oxasulfuron, ethoxysulfuron, foramsulfuron and cyazofamid.(9) The reviews of imazamox, oxasulfuron foramsulfuron, oxadiargyl and cyazofamid did not reveal any open questions or concern, which would have required a consultation of the Scientific Committee on Plants.(10) The documents and information on ethoxysulfuron were also submitted to the Scientific Committee for Plants for separate consultation. In a first consultation the Scientific Committee was invited to comment on the occurrence of uterine tumours in rats. In its opinion(9) the Committee considered the increase in uterine tumour incidence in rats of no relevance to human risk as it occurred only at a high dose causing marked general toxicity. No additional mechanistic studies were deemed necessary. An additional consultation was made on the potential risk to aquatic organisms. In its second opinion(10) the Committee concluded that assessment of the risk of ethoxysulfuron to aquatic organisms was lacking in several respects, in particular with respect to sediment-dwelling organisms. Also assessment of the risk to aquatic plants and algae from the metabolite Hoe 136086 of ethoxysulfuron was considered incomplete.Additional studies and information were subsequently provided by the applicant and the risk assessment for the active substance and its degradation products was revised by the rapporteur Member State.(11) It has appeared from the various examinations made that plant protection products containing the active substances concerned may be expected to satisfy, in general, the requirements laid down in Article 5(1) (a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.(12) The Commission review reports are required for the proper implementation by the Member States, of several sections of the uniform principles laid down in Directive 91/414/EEC. It is, therefore, appropriate to provide that the finalised review reports, except for confidential information within the meaning of Article 14 of Directive 91/414/EEC, should be kept available or made available by the Member States for consultation by any interested parties.(13) After inclusion, Member States should be allowed a reasonable period to implement the provisions of Directive 91/414/EEC as regards plant protection products containing imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl or cyazofamid and in particular to review existing provisional authorisations and, by the end of this period at the latest, to transform those authorisations into full authorisations, to amend them or to withdraw them in accordance with the provisions of Directive 91/414/EEC.(14) It is therefore appropriate to amend Directive 91/414/EEC accordingly.(15) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.Article 2Member States shall adopt and publish by 31 December 2003 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 January 2004.When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 31. Member States shall review the authorisation for each plant protection product containing imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl, or cyazofamid to ensure that the conditions relating to this active substance set out in Annex I to Directive 91/414/EEC are complied with. Where necessary, they shall amend or withdraw the authorisation in accordance with Directive 91/414/EEC before 31 December 2003.2. Member States shall, for each authorised plant protection product containing imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl, or cyazofamid as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 30 June 2003, re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III thereto. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC. Where necessary and by 31 December 2004 at the latest, they shall amend or withdraw the authorisation for each such plant protection product.Article 4This Directive shall enter into force on 1 July 2003.Article 5This Directive is addressed to the Member States.Done at Brussels, 25 March 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 230, 19.8.1991, p. 1.(2) OJ L 276, 12.10.2002, p. 28.(3) OJ L 317, 26.11.1998, p. 47.(4) OJ L 87, 31.3.1999, p. 15.(5) OJ L 239, 30.8.1997, p. 48.(6) OJ L 230, 12.9.2000, p. 14.(7) OJ L 176, 20.6.1998, p. 34.(8) OJ L 155, 28.6.2000, p. 62.(9) Opinion of the Scientific Committee on Plants regarding the evaluation of ethoxysulfuron in the context of Council Directive 91/414/EEC concerning the placing of plant protection products on the market SCP/ETHOXY/002-Final - adopted 22 September 2000.(10) Opinion on the evaluation of ethoxysulfuron (AE F095404) in the context of Council Directive 91/414/EEC concerning the placing of plant protection products on the market - SCP/ETHOXY-Bis/002 adopted 7 June 2001.ANNEXIn Annex I the following rows are added at the end of the table:">TABLE>"


Important legal notice

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31999L0089

Council Directive 1999/89/EC of 15 November 1999 amending Directive 91/494/EEC on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat

Official Journal L 300 , 23/11/1999 P. 0017 - 0018

COUNCIL DIRECTIVE 1999/89/ECof 15 November 1999amending Directive 91/494/EEC on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeatTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) Article 3A(1) of Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in, and imports from third countries of fresh poultry meat(4) lays down the rules for Newcastle disease vaccination for flocks of origin of poultry meat destined for Member States or regions of Member States, the status of which has been recognised in accordance with Article 12(2) of Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs(5);(2) Commission Decision 93/152/EEC of 8 February 1993 laying down the criteria for vaccines to be used against Newcastle disease in the context of routine vaccinations programmes(6) applies from 1 January 1995;(3) It is appropriate, as a result, to amend Directive 91/494/EEC and in particular Article 3A thereof;(4) It is appropriate to amend the trading rules as applied to third countries by introducing the possibility to draw up supplementary rules for imports of poultry meat, which offer animal health guarantees at least equivalent to those laid down in Chapter II of Directive 91/494/EEC;(5) It is appropriate, moreover, to amend Directive 91/494/EEC in order to take account of the provisions of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7),HAS ADOPTED THIS DIRECTIVE:Article 1Directive 91/494/EEC is hereby amended as follows:1. Article 3A(1) shall be replaced by the following: "1. has been held in the Community territory since hatching or has been imported from third countries in accordance with the requirements of Chapter III of Directive 90/539/EEC."2. Article 3A(6) shall be deleted;3. the following Article shall be inserted: "Article 14aNotwithstanding Articles 8, 10, 11, 12, 13 and 14, the Commission may, in accordance with the procedure laid down in Article 18, decide to permit on a case-by case basis the importation of fresh poultry meat from third countries where such imports do not conform with Articles 8, 10, 11, 12, 13 and 14. Detailed rules for such importation shall be drawn up at the same time by the same procedure. Such shall offer animal health guarantees at least equivalent to the animal health guarantees offered by Chapter II of this Directive."4. Article 17 shall be replaced by the follwing: "Article 171. The Commission shall be assisted by the Standing Veterinary Committee established by Decision 68/361/EEC(8), composed of representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.4. If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken.5. The Council, acting by qualified majority shall act on the proposal within 15 days of the referral.If, within that period, the Council indicates by qualified majority that it opposes the proposal, the Commission shall reconsider it. It may present an amended proposal to the Council, re-submit the same proposal or present a legislative proposal on the basis of the Treaty.If the Council has not adopted the proposal implementing measures or has not indicated its opposition to the proposed implementing measures by the expiry of the time limit, they shall be adopted by the Commission.".5. Article 18 shall be replaced by the following: "Article 181. The Commission shall be assisted by the Standing Veterinary Committee established by Decision 68/361/EEC, composed of representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions for which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.4. If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the meaures to be taken.5. The Council, acting by qualified majority shall act on the proposal within three months of the referrral.If, within that period, the Council indicates by qualified majority that it opposes the proposal, the Commission shall reconsider it. It may present an amended proposal to the Council, re-submit the same proposal or present a legislative proposal on the basis of the Treaty.If the Council has not adopted the proposed implementing measures or has not indicated its opposition to the proposed implementing measures by the expiry of the time limit, they shall be adopted by the Commission."6. the Annex shall be deleted.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2000. They shall forthwith inform the Commission thereof.When Member States adopt these measures they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.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.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 15 November 1999.For the CouncilThe PresidentK. HEMILÄ(1) OJ C 15, 20.1.1996, p. 15.(2) OJ C 261, 9.9.1996, p. 188.(3) OJ C 153, 28.5.1996, p. 46.(4) OJ L 268, 24.9.1991, p. 35. Directive as last amended by Council Directive 93/121/EEC (OJ L 340, 31.12.1993, p. 39).(5) OJ L 303, 31.10.1990, p. 6. Directive as last amended by the 1994 Act of Accession.(6) OJ L 59, 12.3.1993, p. 35.(7) OJ L 184, 17.7.1999, p. 23.(8) OJ L 255, 18.10.1968, p. 23;


title: Council Directive 2007/74/EC of 20 December 2007 on the exemption from value added tax and excise duty of goods imported by persons travelling from third countries

text:
               29.12.2007

               EN

               Official Journal of the European Union

               L 346/6

      COUNCIL DIRECTIVE 2007/74/EC
   of 20 December 2007
   on the exemption from value added tax and excise duty of goods imported by persons travelling from third countries
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 93 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament,
   Having regard to the Opinion of the European Economic and Social Committee,
   Whereas:

               (1)

               Council Directive 69/169/EEC of 28 May 1969 on the harmonisation of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel (1) established a Community system of tax exemptions. While it remains necessary to maintain that system in order to prevent double taxation, as well as in cases where, in view of the conditions under which goods are imported, the usual need to protect the economy is absent, it should still apply only to non-commercial imports of goods in the personal luggage of travellers from third countries.

               (2)

               However, given the number of amendments required, as well as the need to adapt Directive 69/169/EEC to enlargement and to the new external borders of the Community, and to restructure and simplify certain provisions for the sake of clarity, the complete revision and repeal and replacement of Directive 69/169/EEC is justified.

               (3)

               The quantitative limits and monetary thresholds to which the exemptions are subject should meet the current needs of Member States.

               (4)

               The monetary threshold should take account of changes in the real value of money since the last increase in 1994 and should also reflect the abolition of quantitative limits on goods subject to excise duties in some Member States which will now fall into the general threshold on VAT.

               (5)

               The ease of shopping abroad could cause problems to Member States which share land-borders with third countries with significantly lower prices. It is justifiable, therefore, to set a lower monetary threshold for forms of travel other than air and sea travel.

               (6)

               In the experience of the Commission, the quantities for tobacco products and alcoholic beverages have, in general, been shown to be appropriate and should therefore be maintained.

               (7)

               The quantitative limits for the exemption of excise goods should reflect the current scheme of taxation of such goods in the Member States. Accordingly, it is appropriate to provide for a limit for beer whereas the limits for perfume, coffee and tea should be discontinued.

               (8)

               It is appropriate to allow Member States to set lower limits with regard to the monetary threshold for children and to exclude under-aged persons from the exemptions for tobacco products and alcoholic beverages, in order to ensure a high level of health protection.

               (9)

               Given the need to promote a high level of human health protection for Community citizens, it is appropriate to allow Member States to apply reduced quantitative limits for the exemption of tobacco products.

               (10)

               In order to take account of the special situation of certain people with regard to their location or working environment, it should also be possible for Member States to apply narrower exemptions in the case of frontier workers, persons residing near Community frontiers and the crew of the means of transport used in international travel.

               (11)

               It is to be recalled that Austria shares a land border with Samnauntal, a Swiss enclave where a specific tax system is applied which results in significantly lower taxation than that applicable under the rules applying in the rest of Switzerland and, indeed, in the Kanton of Graubünden of which Samnauntal forms part. In view of that special situation, which has led Austria to apply lower quantitative limits for tobacco products with respect to that enclave in accordance with Article 5(8) of Directive 69/169/EEC, it is appropriate to allow that Member State to apply the lower limit provided for tobacco products by this Directive only to Samnauntal.

               (12)

               For Member States which have not introduced the euro, a mechanism should be set up to enable amounts expressed in national currencies to be converted into euro and thus ensure equal treatment in the Member States.

               (13)

               The amount on which Member States are free not to levy taxes on the import of goods should be increased in order to reflect current monetary values,

         HAS ADOPTED THIS DIRECTIVE:
   CHAPTER I
   SUBJECT-MATTER AND DEFINITIONS
   Article 1
   This Directive lays down rules relating to the exemption from value added tax (VAT) and excise duty of goods imported in the personal luggage of persons travelling from a third country or from a territory where the Community provisions on VAT or excise duty, or both, as defined in Article 3, do not apply.
   Article 2
   Where a journey involves transit through the territory of a third country, or begins in a territory as referred to in Article 1, this Directive shall apply if the traveller is unable to establish that the goods transported in his luggage have been acquired subject to the general conditions governing taxation on the domestic market of a Member State and do not qualify for any refunding of VAT or excise duty.
   Overflying without landing shall not be regarded as transit.
   Article 3
   For the purposes of this Directive, the following definitions shall apply:

               1.

               ‘third country’ means any country which is not a Member State of the European Union;
               In view of the Fiscal Agreement between France and the Principality of Monaco dated 18 May 1963 and the Agreement of friendship and neighbourly relations between Italy and the Republic of San Marino dated 31 March 1939, Monaco shall not be regarded as a third country and San Marino shall not be regarded as a third country in respect of excise duty;

               2.

               ‘territory where the Community provisions on VAT or excise duty, or both do not apply’ means any territory, other than a territory of a third country, where Directives 2006/112/EC (2) or 92/12/EEC, or both do not apply;
               In view of the Agreement between the Governments of the United Kingdom and the Isle of Man on Customs and Excise and associated matters dated 15 October 1979, the Isle of Man shall not be regarded as a territory where the Community provisions on VAT or excise duty, or both do not apply;

               3.

               ‘air travellers’ and ‘sea travellers’ means any passengers travelling by air or sea other than private pleasure-flying or private pleasure-sea-navigation;

               4.

               ‘private pleasure-flying’ and ‘private pleasure-sea-navigation’ means the use of an aircraft or a sea-going vessel by its owner or the natural or legal person who enjoys its use either through hire or through any other means, for purposes other than commercial and in particular other than for the carriage of passengers or goods or for the supply of services for consideration or for the purposes of public authorities;

               5.

               ‘frontier zone’ means a zone which, as the crow flies, does not extend more than 15 kilometres from the frontier of a Member State and which includes the local administrative districts part of the territory of which lies within the zone; Member States may grant exemptions therefrom;

               6.

               ‘frontier-zone worker’ means any person whose normal activities require that he should go to the other side of the frontier on his work days.

         CHAPTER II
   EXEMPTIONS
   SECTION 1
   Common provisions
   Article 4
   Member States shall, on the basis of either monetary thresholds or quantitative limits, exempt from VAT and excise duty goods imported in the personal luggage of travellers, provided that the imports are of a non-commercial character.
   Article 5
   For the purposes of the application of the exemptions, personal luggage shall be regarded as the whole of the luggage which a traveller is able to present to the customs authorities upon arrival, as well as luggage which he presents later to the same authorities, subject to proof that such luggage was registered as accompanied luggage, at the time of his departure, with the company which has been responsible for conveying him. Fuel other than that referred to in Article 11 shall not be regarded as personal luggage.
   Article 6
   For the purposes of the application of the exemptions, imports shall be regarded as being of a non-commercial character if they meet the following conditions:

               (a)

               they take place occasionally;

               (b)

               they consist exclusively of goods for the personal or family use of the travellers, or of goods intended as presents.

         The nature or quantity of the goods must not be such as to indicate that they are being imported for commercial reasons.
   SECTION 2
   Monetary thresholds
   Article 7
   1.   Member States shall exempt from VAT and excise duty imports of goods, other than those referred to in Section 3, the total value of which does not exceed EUR 300 per person.
   In the case of air and sea travellers, the monetary threshold specified in the first subparagraph shall be EUR 430.
   2.   Member States may lower the monetary threshold for travellers under 15 years old, whatever their means of transport. However, the monetary threshold may not be lower than EUR 150.
   3.   For the purposes of applying the monetary thresholds, the value of an individual item may not be split up.
   4.   The value of the personal luggage of a traveller, which is imported temporarily or is re-imported following its temporary export, and the value of medicinal products required to meet the personal needs of a traveller shall not be taken into consideration for the purposes of applying the exemptions referred to in paragraphs 1 and 2.
   SECTION 3
   Quantitative limits
   Article 8
   1.   Member States shall exempt from VAT and excise duty imports of the following types of tobacco product, subject either to the following higher or lower quantitative limits:

               (a)

               200 cigarettes or 40 cigarettes;

               (b)

               100 cigarillos or 20 cigarillos;

               (c)

               50 cigars or 10 cigars;

               (d)

               250 g smoking tobacco or 50 g smoking tobacco.

         Each amount specified in points (a) to (d) shall represent, for the purposes of paragraph 4, 100 % of the total allowance for tobacco products.
   Cigarillos are cigars of a maximum weight of 3 grams each.
   2.   Member States may choose to distinguish between air travellers and other travellers by applying the lower quantitative limits specified in paragraph 1 only to travellers other than air travellers.
   3.   By derogation from paragraphs 1 and 2, Austria may, as long as the tax system in the Swiss enclave of Samnauntal differs from that applicable in the rest of the Kanton of Graubünden, limit the application of the lower quantitative limit to tobacco products brought into the territory of that Member State by travellers who enter its territory directly from the Swiss enclave of Samnauntal.
   4.   In the case of any one traveller, the exemption may be applied to any combination of tobacco products, provided that the aggregate of the percentages used up from the individual allowances does not exceed 100 %.
   Article 9
   1.   Member States shall exempt from VAT and excise duty alcohol and alcoholic beverages other than still wine and beer, subject to the following quantitative limits:

               (a)

               a total of 1 litre of alcohol and alcoholic beverages of an alcoholic strength exceeding 22 % vol, or undenatured ethyl alcohol of 80 % vol and over;

               (b)

               a total of 2 litres of alcohol and alcoholic beverages of an alcoholic strength not exceeding 22 % vol.

         Each of the amounts specified in points (a) and (b) represent, for the purposes of paragraph 2, 100 % of the total allowance for alcohol and alcoholic beverages.
   2.   In the case of any one traveller, the exemption may be applied to any combination of the types of alcohol and alcoholic beverage referred to in paragraph 1, provided that the aggregate of the percentages used up from the individual allowances does not exceed 100 %.
   3.   Member States shall exempt from VAT and excise duty a total of 4 litres of still wine and 16 litres of beer.
   Article 10
   Exemptions under Articles 8 or 9 shall not apply in the case of travellers under 17 years of age.
   Article 11
   Member States shall exempt from VAT and excise duty, in the case of any one means of motor transport, the fuel contained in the standard tank and a quantity of fuel not exceeding 10 litres contained in a portable container.
   Article 12
   The value of goods referred to in Articles 8, 9 or 11 shall not be taken into consideration for the purposes of applying the exemption provided for in Article 7(1).
   CHAPTER III
   SPECIAL CASES
   Article 13
   1.   Member States may lower the monetary thresholds or the quantitative limits, or both, in the case of travellers in the following categories:

               (a)

               persons resident in a frontier zone;

               (b)

               frontier-zone workers;

               (c)

               the crew of a means of transport used to travel from a third country or from a territory where the Community provisions on VAT or excise duty, or both do not apply.

         2.   Paragraph 1 shall not apply where a traveller in one of the categories listed therein produces evidence to show that he is going beyond the frontier zone of the Member State or that he is not returning from the frontier zone of the neighbouring third country.
   However, it shall apply where frontier-zone workers or the crew of the means of transport used in international travel import goods when travelling in the course of their work.
   CHAPTER IV
   GENERAL AND FINAL PROVISIONS
   Article 14
   Member States may choose not to levy VAT or excise duty on the import of goods by a traveller when the amount of the tax which should be levied is equal to, or less than, EUR 10.
   Article 15
   1.   The euro equivalent in national currency which shall apply for the implementation of this Directive shall be fixed once a year. The rates applicable shall be those obtaining on the first working day of October. They shall be published in the Official Journal of the European Union and shall apply from 1 January of the following year.
   2.   Member States may round off the amounts in national currency resulting from the conversion of the amounts in euro provided for in Article 7, provided such rounding-off does not exceed EUR 5.
   3.   Member States may maintain the monetary thresholds in force at the time of the annual adjustment provided for in paragraph 1 if, prior to the rounding-off provided for in paragraph 2, conversion of the corresponding amounts expressed in euro would result in a change of less than 5 % in the exemption expressed in national currency or in a lowering of this exemption.
   Article 16
   Every four years and for the first time in 2012 the Commission shall forward a report on the implementation of this Directive to the Council, where appropriate accompanied by a proposal for amendment.
   Article 17
   In Article 5(9) of Directive 69/169/EEC the date of 31 December 2007 shall be replaced by 30 November 2008.
   Article 18
   Directive 69/169/EEC shall be repealed and replaced by this Directive with effect from 1 December 2008.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in the Annex.
   Article 19
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 15 of this Directive with effect from 1 December 2008. They shall forthwith communicate to the Commission the text of those measures.
   When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 20
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply with effect from 1 December 2008.
   However, Article 17 shall apply with effect from 1 January 2008.
   Article 21
   This Directive is addressed to the Member States.

      Done at Brussels, 20 December 2007.

            For the Council

            The President

         F. NUNES CORREIA

      (1)  OJ L 133, 4.6.1969, p. 6. Directive as last amended by Directive 2005/93/EC (OJ L 346, 29.12.2005, p. 16).

      (2)  OJ L 347, 11.12.2006, p. 1. Directive as amended by Directive 2006/138/EC (OJ L 384, 29.12. 2006, p. 92).

      ANNEX
      CORRELATION TABLE

                  Directive 69/169/EEC

                  This Directive

                  Article 1(1)

                  Article 7(1)

                  Article 1(2)

                  Article 7(2)

                  Article 1(3)

                  Article 7(3)

                  Article 2

                  —

                  Article 3, point one

                  Article 7(4)

                  Article 3, point two

                  Article 6

                  Article 3, point three, first subparagraph

                  Article 5

                  Article 3, point three, second subparagraph

                  Article 5 and 11

                  Article 4(1), introductory phrase

                  Article 8(1) introductory phrase, Article 9(1) introductory phrase

                  Article 4(1), second column

                  —

                  Article 4(1)(a), first column

                  Article 8(1)

                  Article 4(1)(b), first column

                  Article 9(1)

                  Article 4(1)(c), (d) and (e), first column

                  —

                  Article 4(2) first subparagraph

                  Article 10

                  Article 4(2) second subparagraph

                  —

                  Article 4(3)

                  Article 12

                  Article 4(4)

                  Article 2

                  Article 4(5)

                  —

                  Article 5(1)

                  —

                  Article 5(2)

                  Article 13(1)

                  Article 5(3)

                  —

                  Article 5(4)

                  Article 13(2)

                  Article 5(5)

                  —

                  Article 5(6), introductory phrase, first indent

                  Article 3(5)

                  Article 5(6), introductory phrase, second indent

                  Article 3(6)

                  Article 5(7)

                  —

                  Article 5(8)

                  —

                  Article 5(9)

                  —

                  Article 7(1)

                  —

                  Article 7(2)

                  Article 15(1)

                  Article 7(3)

                  Article 15(2)

                  Article 7(4)

                  Article 15(3)

                  Article 7(5)

                  —

                  Article 7a(1)

                  —

                  Article 7a(2)

                  Article 14

                  Article 7b

                  —

                  Article 7c

                  —

                  Article 7d

                  —

                  Article 8(1)

                  Article 19(1), first subparagraph

                  Article 8(2), first subparagraph

                  Article 19(1), first subparagraph

                  Article 8(2), second subparagraph

                  —

                  Article 9

                  Article 21


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32002L0007

Directive 2002/7/EC of the European Parliament and of the Council of 18 February 2002 amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic

Official Journal L 067 , 09/03/2002 P. 0047 - 0049

Directive 2002/7/EC of the European Parliament and of the Councilof 18 February 2002amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international trafficTHE 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(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) Directive 96/53/EC(5) established, in the framework of the common transport policy, harmonised maximum vehicle dimensions for the circulation of road vehicles transporting goods.(2) There is a need for harmonised maximum authorised vehicle dimensions for the circulation of road vehicles transporting passengers. Differences between standards in force in the Member States with regard to the dimensions of passenger road vehicles could have an adverse effect on the conditions of competition and constitute an obstacle to traffic between Member States.(3) Since the objective of the harmonisation of the maximum authorised vehicle dimensions for road vehicles transporting passengers cannot be sufficiently achieved by the Member States and can therefore by reason of the scale or effects of the proposed action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.(4) In the implementation of the internal market, the scope of Directive 96/53/EC should be extended to national transport in so far as it concerns characteristics that significantly affect the conditions of competition in the transport sector and in particular the values relating to the maximum authorised length and width of vehicles intended for the carriage of passengers.(5) Harmonised rules on maximum weights and dimensions of vehicles should remain stable in the long term. Thus, the amendments laid down in this Directive should not create a precedent for the maximum authorised weights and dimensions of buses and other categories of motor vehicle.(6) For reasons of road safety, buses should meet performance criteria as regards their manoeuvrability.(7) For reasons of road safety linked to the state of their infrastructure Portugal and the United Kingdom should be authorised, for a transitional period, to refuse the use on their territory of buses which do not satisfy certain manoeuvrability criteria.(8) Buses which were registered or put into circulation before the date of implementation of this Directive and which do not comply with the dimension characteristics laid down in this Directive, owing to previously differing national provisions or methods of measurement, should be allowed for a transitional period to continue to provide transport services within the Member State in which the vehicle is registered or put into circulation.(9) Directive 96/53/EC should therefore be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 96/53/EC is hereby amended as follows:1. in Article 1:(a) paragraph 1(a) shall be replaced by the following: "(a) the dimensions of motor vehicles in categories M2 and M3 and their trailers in category 0 and motor vehicles in categories N2 and N3 and their trailers in categories 03 and 04, as defined in Annex II to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers(6);";(b) the following paragraph shall be added: "3. This Directive shall not apply to articulated buses comprising more than one articulated section.";2. in Article 3(1), the second indent shall be replaced by the following: "- in national traffic, of vehicles registered or put into circulation in any other Member State for reasons relating to their dimensions;";3. Article 4 shall be amended as follows:(a) paragraphs 1 and 2 shall be replaced by the following: "1. Member States shall not authorise the normal circulation within their territories:(a) of vehicles or vehicle combinations for the national transport of goods which are not in conformity with the characteristics set out in points 1.1, 1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 4.2 and 4.4 of Annex I;(b) of vehicles for national passenger transport, which are not in conformity with the characteristics set out in points 1.1, 1.2, 1.4a, 1.5 and 1.5a of Annex I.2. Member States may nonetheless authorise the circulation within their territories:(a) of vehicles or vehicle combinations for the national transport of goods which are not in conformity with the characteristics set out in points 1.3, 2, 3, 4.1 and 4.3 of Annex I;(b) of vehicles for national passenger transport, which are not in conformity with the characteristics set out in points 1.3, 2, 3, 4.1 and 4.3 of Annex I.";(b) paragraph 4 shall be amended as follows:(i) in the first subparagraph, the terms "vehicles or vehicle combinations used for goods transport which..." shall be replaced by "vehicles or vehicle combinations used for transport which...";(ii) in the third subparagraph, the terms "the circulation in its territory, in national goods transport operations, of vehicles..." shall be replaced by "the circulation in its territory, in national transport operations, of vehicles..."(c) the following paragraph shall be added: "7. Until 31 December 2020 Member States may authorise buses that were registered or put into circulation before the implementation of this Directive but the dimensions of which exceed those laid down in points 1.1, 1.2, 1.5 and 1.5a of Annex I to circulate within their territories.";4. Article 7 shall be replaced by the following text: "Article 7This Directive shall not preclude the application of road traffic provisions in force in each Member State which permit the weight and/or dimensions of vehicles on certain roads or civil engineering structures to be limited, irrespective of the State of registration of such vehicles or the State where such vehicles were put into circulation.This includes the possibility to impose local restrictions on maximum authorised dimensions and/or weights of vehicles that may be used in specified areas or on specified roads, where the infrastructure is not suitable for long and heavy vehicles, such as city centres, small villages or places of special natural interest.";5. the following Article shall be inserted: "Article 8aPortugal and the United Kingdom may refuse or prohibit the use on their territory until 9 March 2005 of the buses referred to in point 1.1 of Annex I unless they satisfy the following manoeuvrability criteria:- when the bus is stationary and has its steered wheels so directed that if the vehicle moved, its outermost forward point would describe a circle of 12,50 m in radius, a vertical plane tangential to the side of the vehicle which faces outwards from the circle must be established by marking a line on the ground. In the case of an articulated bus the two rigid portions must be aligned with the plane,- when the bus moves forward on either side following the circle of 12,50 m in radius, no part of it may move outside the vertical plane by more than 0,80 m in the case of a rigid bus of up to 12 m in length or by more than 1,20 m in the case of either a rigid bus of over 12 m in length or an articulated bus.";6. the following Article shall be inserted: "Article 10aWith regard to Annex I, point 1.5a, the Commission shall, by 9 March 2005 at the latest, present a report on the feasibility of reducing the value of 0,60 m referred to in the second subparagraph of this point to improve the safety conditions related to the manoeuvrability of long buses. If appropriate, the report shall be accompanied by a legislative proposal to amend this Directive accordingly.";7. Annex I shall be amended as follows:(a) point 1.1 shall be replaced by the following: "1.1 maximum length:>TABLE>"(b) the following point shall be inserted: "1.4a If any removable attachments such as ski-boxes are fitted to a bus, its length, including the attachments, must not exceed the maximum length laid down in point 1.1";(c) the following point shall be inserted: "1.5a Additional requirements for busesWith the vehicle stationary, a vertical plane tangential to the side of the vehicle and facing outwards from the circle shall be established by marking a line on the ground. In the case of an articulated vehicle, the two rigid portions shall be aligned with the plane.When the vehicle moves from a straight line approach into the circular area described in point 1.5, no part of it shall move outside of that vertical plane by more than 0,60 m."Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 March 2004 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate the provisions of national law which they adopt in the field covered by this Directive to the Commission.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 18 February 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. Piqué i Camps(1) OJ C 274 E, 26.9.2000, p. 32.(2) OJ C 123, 25.4.2001, p. 76.(3) OJ C 144, 16.5.2001, p. 15.(4) Opinion of the European Parliament of 3 October 2000 (OJ C 178, 22.6.2001, p. 60), Council Common Position of 27 September 2001 (OJ C 360, 15.12.2001, p. 7) and Decision of the European Parliament of 17 January 2002.(5) OJ L 235, 17.9.1996, p. 59.(6) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive of the European Parliament and of the Council 2000/40/EC (OJ L 203, 10.8.2000, p. 9).


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31973L0437

Council Directive 73/437/EEC of 11 December 1973 on the approximation of the laws of the Member States concerning certain sugars intended for human consumption

Official Journal L 356 , 27/12/1973 P. 0071 - 0073 Finnish special edition: Chapter 13 Volume 3 P. 0179  Greek special edition: Chapter 03 Volume 10 P. 0095  Swedish special edition: Chapter 13 Volume 3 P. 0179  Spanish special edition: Chapter 13 Volume 3 P. 0119  Portuguese special edition Chapter 13 Volume 3 P. 0119

COUNCIL DIRECTIVE  of 11 December 1973  on the approximation of the laws of the Member States concerning certain sugars intended for human consumption  (73/437/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;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Commitee (2);  Whereas the laws, regulations and administrative provisions in force in the Member States define certain categories of sugar, give the definitions and characteristics of composition applicable thereto, and lay down rules for the labelling and packing of these products;  Whereas the differences between national provisions are such as may impede the free movement of these products and create unfair competition;  Whereas, also, the smooth running of the common organization of the market in sugar (sucrose) requires that the various qualities of this product placed on the market, their composition characteristics and the rules for their labelling and packing should be determined at Community level;  Whereas the choice of means for the taking of samples, and the methods of analysis necessary for checking the composition and manufacturing characteristics of products in question, are practical measures of a technical nature and whereas their adoption should be entrusted to the Commission in order to simplify and expedite the procedure;  Whereas in all the cases in which the Council confers on the Commission authority to implement rules drawn up in the foodstuffs sector a procedure should be laid down establishing a close cooperation between the Member States and the Commission within the Standing Committee on Foodstuffs set up by the Council Decision of 13 November 1969 (3);  Whereas the establishment of a total residual sulphur dioxide content for the products covered by this Directive, necessitates an adaptation of production conditions in some Member States such that a transitional period must be laid down in order to allow the necessary adaptations ; whereas in respect of glucose syrup, whether dehydrated or not, the derogations thus laid down shall apply to the whole of the Community ; whereas in respect of other products these derogations may be limited to the Member States which so desire,  (1)OJ No C 101, 4.8.1970, p. 33. (2)OJ No C 146, 11.12.1970, p. 20. (3)OJ No L 291, 19.11.1969, p. 9.   HAS ADOPTED THIS DIRECTIVE:    Article 1 Within the meaning of this Directive:    1. Semi-white sugar  means purified and crystallized sucrose, of sound and fair marketable quality with the following characteristics:   >PIC FILE= "T9000621">         2. Sugar or white sugar  means purified and crystallized sucrose, of sound and fair marketable quality, with the following characteristics: >PIC FILE= "T9000622">       3. Extra white sugar  means the product having the characteristics referred to in point 2 (a) to (d) and in respect of which the total number of points determined according to the provisions of the Annex does not exceed a total of 8 or not more than:      - 4 for the colour type           - 6 for the ash content           - 3 for the colour in solution.                  4. Sugar solution  means the aqueous solution of sucrose with the following characteristics: >PIC FILE= "T9000623">        5. Invert sugar solution  means the aqueous solution of sucrose partially inverted by hydrolysis, in which the proportion of invert sugar does not predominate, with the following characteristics: >PIC FILE= "T9000624">       6. Invert sugar syrup  means the aqueous solution, possibly crystallized, of sucrose partially inverted by hydrolysis, in which the proportion of invert sugar is predominant, with the following characteristics: >PIC FILE= "T9000625">       7. Glucose syrup  means the purified and concentrated aqueous solution of nutritive saccharides obtained from starch, with the following characteristics: >PIC FILE= "T9000626">   >PIC FILE= "T9000627">       8. Dried glucose syrup  means glucose syrup partially dried with the following characteristics: >PIC FILE= "T9000628">       9. Dextrose monohydrate  means purified and crystallized D-glucose containing one molecule of water of crystallization, with the following characteristics: >PIC FILE= "T9000629">       10. Dextrose anhydrous   means purified and crystallized D-glucose not containing water of crystallization, with the following characteristics: >PIC FILE= "T9000630">    Article 2 Member States shall take all measures necessary to ensure that the products referred to in Article 1 may be offered for sale only if they conform to the definitions and rules laid down in this Directive and in the Annex thereto.   Article 3 1. The names listed in Article 1 shall be applied only to the products defined therein and must be used in trade to designate them ; the description referred to in Article 1 (2) may also be used to designate the product defined in Article 1 (3).  Furthermore, the description "white" shall be reserved:    (a) for sugar solution where the colour in solution does not exceed 25 ICUMSA units, determined according to the method provided for in the Annex, under (c);       (b) for invert sugar solution and for invert sugar syrup of which:      - the ash content does not exceed 0 71 %           - the colour in solution does not exceed 25 ICUMSA units determined according to the method provided for in the Annex under (c).                    2. The provisions of paragraph 1 shall not however affect arrangements whereby these names can be used, additionally, in accordance with custom, to indicate other products, which cannot be confused with those defined in Article 1.  3. Moreover, as regards the use of the word "sugar" without any other qualifying term, paragraph 1 shall apply only to direct trade in food sugars as such, and not to compound products in which such sugars have been used.   Article 4 By way of derogation from Article 1, points (7) and (8), a maximum residual sulphur dioxide content equivalent to 40 mg/kg in the products defined in the aforementioned points shall be authorized for a period of three years from the notification of this Directive.   Article 5 By way of derogation from Article 1, points (1), (2), (3), (4), (5), (6), (9) and (10) and for a period of five years from the notification of this Directive, Member States may continue to apply national provisions authorizing a maximum residual sulphur dioxide content up to 20 mg/kg in respect of products marketed in their territory.   Article 6 Without prejudice to any relevant national provisions, the products referred to in Article 1, points (7) and (8), which contain a quantity of sulphur dioxide exceeding 20 mg/kg may not be offered for retail sale.   Article 7 The products referred to in Article 1:    - may not be submitted to the blueing process,       - may contain colorants in so far as they are intended for use in other foodstuffs, in accordance with the provisions applicable to the said foodstuffs and to the use of colouring agents therein.          Article 8 1. The products referred to in Article 1, points (1) to (3) when packed at a net individual weight of between 100 g and 5 kg shall be offered for sale only at the following individual net weights : 125 g, 250 g, 500 g, 750 g, 1 kg, 1 75 kg, 2 kg, 2 75 kg, 3 kg, 4 kg and 5 kg.  2. On a transitional basis, for a period of not more than five years after notification of this Directive, weights, net or gross, other than those listed in paragraph 1 shall also be allowed if these weights comply with the national provisions in force or with practices existing at the time of notification of this Directive.   Article 9 1. The only information which is compulsory on the packages, containers or labels of the products defined in Article 1 shall be the following:    (a) the description by which the products are designated in Article 1 ; however:      - the expressions "monohydrate" and "anhydrous" shall be optional for the retail trade description of the products defined in Article 1, points (9) and (10),            - the qualifying expression "includes colouring agents" shall be obligatory in the description of products containing colouring agents, in conformity with Article 6, and the term "white" shall be prohibited in this case;                  (b) the net weight, unless the products weigh less than 50 g ; this exception shall not apply to products weighing less than 50 g each presented in packages containing 2 or more such products whose net weight inclusive of packaging is not less than 50 g, in which case, the total net weight of the products contained in the outer package must be indicated thereon ; however, as regards the products referred to in Article 1, points (1), (2), (3), (9) and (10) the indication of net weight may be replaced by that of the minimum net weight if the products are offered for sale in pieces or in small sachets;       (c) the name or trade name and the address or registered office of the manufacturer or packer, or of a seller established within the Community ; this provision does not affect the right of the manufacturer to require that either his name or his trade name be mentioned;       (d) an indication of the true content of dry matter and invert sugar in the case of sugar solution, invert sugar solution, and invert sugar syrup;       (e) the qualifying term "crystallized" for invert sugar syrup incorporating crystals in the solution;       (f) the description of glucose syrup or dried glucose syrup of which the sulphur dioxide content exceeds 20 mg/kg or, in the circumstances referred to in Article 4, exceeds 40 mg/kg, shall be followed by a reference to the foodstuff for the manufacture of which it is intended, the maximum sulphur dioxide content of the product being indicated on the accompanying documents.         2. The specifications referred to in paragraph 1 must be conspicuous, clearly legible and indelible.  3. The provisions of paragraph 1 shall not preclude the products defined in Article 1 bearing, in addition to the obligatory description, other descriptions current in the various Member States provided that the latter descriptions are not liable to mislead consumers.  4. Where the products defined in Article 1 are made up into packages or in containers of a net weight equal to or exceeding 10 kg and are not offered for retail sale, the descriptions referred to in paragraph 1 (b), (d), (e) and (f) may if desired appear only on the accompanying documents.  5. By way of derogation from paragraph 1, and without prejudice to the provisions to be adopted by the Community on the labelling of foodstuffs, Member States may retain national provisions which require indication of:    (a) the factory, in respect of home production;       (b) the country of orign, although this information may not be required for products manufactured within the Community.         6. Member States shall refrain from stating, apart from what is laid down in paragraphs 1 and 2, how the information referred to in paragraph 1 is to be given. However, Member States may forbid trade on their territory in the products defined in Article 1 if the markings laid down in paragraph 1 (a), (d), (e) and (f) are not shown on one side of the wrapping or container in the national language or languages or, as provided in paragraph 4, in the accompanying documents.  However, in Ireland and the United Kingdom during the transitional period provided for in Article 8 (2) any weights other than metric shall, if those Member States so require, be labelled with their metric equivalents.  7. Paragraphs 1 to 6 shall apply without prejudice to the provisions to be laid down by the Community on labelling.   Article 10 1. Member States shall adopt all the necessary measures to ensure that trade in the products referred to in Article 1, which comply with the definitions and rules laid down in this Directive and the Annex thereto, shall not be impeded by the application of national non-harmonized provisions governing the composition, manufacturing specifications, packaging or labelling of these products in particular or of foodstuffs in general.  2. Paragraph 1 shall not be applicable to non-harmonized provisions justified on grounds of:    - protection of public health,       - repression of frauds, unless such provisions are liable to impede the application of the definitions and rules laid down by this Directive,        - protection of industrial and commercial property, of indications of source, applications of origin and the repression of unfair competition.          Article 11 The sampling procedures and methods of analysis needed to verify the rules relating to the composition and manufacturing specifications of the products defined in Article 1 shall be determined in accordance with the procedure laid down in Article 12.   Article 12 1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Standing Committee on Foodstuffs, set up by the Council Decision of 13 November 1969 (hereinafter called "the Committee") by its Chairman, either on his own initiative or at the request of a representative of a Member State.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall give its opinion on that draft within the time limit set by the Chairman having regard to the urgency of the matter. Opinions shall be adopted by a majority of forty-one 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) Where the measures envisaged are in accordance with the opinion of the Committee, the Commission shall adopt them.       (b) Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. 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 measures shall be adopted by the Commission.         Article 13 The provisions of Article 12 shall apply for a period of eighteen months from the date on which the matter was first referred to the Committee, under Article 12 (1).   Article 14 This Directive shall not apply to:    (a) products defined in Article 1 in so far as they take the following forms:      - impalpable sugars,           - candy sugars,           - sugars in loaf form;                  (b) products intended for export to countries outside the Community.          Article 15 Member States shall, if necessary, within one year following the notification of this Directive, amend their laws in accordance with the provisions of this Directive and shall forthwith inform the Commission thereof. The laws thus amended shall apply to the products offered for sale in the Member States two years after the notification of this Directive.   Article 16 This Directive is addressed to the Member States.     Done at Brussels, 11 December 1973.  For the Council  The President  Ib FREDERIKSEN     ANNEX Method of determining the colour type, ash content, and the colour in solution of sugar (white) and of extra-white sugar defined in Article 1 (2) and (3)  A "point" corresponds:   (a)  in the case of the colour type, to 0 75 units, calculated by the method of the Brunswick Institute for Agricultural and Sugar Industry Technology as set out in A, paragraph (2) of the Annex to Commission Regulation (EEC) No 1265/69 (1) of 1 July 1969 establishing methods for determining the quality of sugar bought in by intervention agencies;       (b) in the case of ash content, to 0 70018 % calculated by the method of the International Commission for Uniform Methods of Sugar Analysis (ICUMSA) as set out in A, paragraph (1) of the Annex to the said Regulation;       (c) in the case of the colour in solution, to 7 75 units calculated by the ICUMSA method as set out in A, paragraph (3) of the Annex to the said Regulation.  (1)OJ No L 163, 4.7.1969, p. 1.


title: Commission Directive (EU) 2015/2116 of 23 November 2015 amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards benzisothiazolinone (Text with EEA relevance)

text:
               24.11.2015

               EN

               Official Journal of the European Union

               L 306/20

         COMMISSION DIRECTIVE (EU) 2015/2116
   of 23 November 2015
   amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards benzisothiazolinone
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (1), and in particular Article 46(2) thereof,
   Whereas:

               (1)

               In order to ensure a high level of protection of children against risks caused by chemical substances in toys, Directive 2009/48/EC establishes certain requirements with regard to chemical substances such as those classified as carcinogenic, mutagenic or toxic for reproduction (CMR) under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (2), allergenic fragrances and certain elements. In addition, Directive 2009/48/EC empowers the Commission to adopt specific limit values for chemicals used in toys which are intended for children under 36 months and in other toys intended to be placed in the mouth in order to ensure adequate protection in the case of toys involving a high degree of exposure. The adoption of such limit values takes the form of an inclusion in Appendix C to Annex II to Directive 2009/48/EC.

               (2)

               For a number of chemicals, currently applicable limit values are either too high in the light of available scientific evidence or do not exist. Specific limit values should therefore be adopted for them, taking into account the packaging requirements for food as well as the differences between toys and food contact materials.

               (3)

               In order to advise the European Commission in the preparation of legislative proposals and policy initiatives in the area of toy safety, the Commission established the Expert Group on Toys Safety. The mission of its subgroup ‘Chemicals’ is to provide such advice with regard to chemical substances which may be used in toys.

               (4)

               1,2-Benzisothiazol-3(2H)-one (1,2-benzisothiazolin-3-one, BIT, CAS number 2634-33-5) is used as a preservative in water-based toys (3) including hobby paints and finger paints (4), as shown by the results of a market survey involving economic operators and their trade associations, consumer representatives and allergy centres as well as through internet searches and shop visits (5).

               (5)

               In its deliberations about BIT the subgroup ‘Chemicals’ took as a basis the related opinion of the Scientific Committee on Consumer Safety (SCCS) noting that BIT is a well-documented contact allergen (6). Although the opinion considers BIT as only a moderate sensitiser with a lower potency than other marketed cosmetic preservatives (7), it concludes that isothiazolinones are important contact allergens for the consumer in Europe (8). The use of BIT in cosmetics is not allowed (9).

               (6)

               BIT is classified under Regulation (EC) No 1272/2008 as a skin sensitiser. Directive 2009/48/EC has currently no specific limit value for BIT, nor a general limit value for sensitisers.

               (7)

               In the light of the above, the subgroup ‘Chemicals’ considered that BIT should not be used in toys. In accordance with European Standard EN 71-9:2005+A1:2007, substances not to be used should be limited to the limit of quantification (LOQ) of an appropriate test method (10). Accordingly the subgroup ‘Chemicals’ recommended, at its meeting of 26 March 2014, that BIT in toys be limited to its LOQ, namely to a maximum concentration of 5 mg/kg. The use of BIT is not regulated for food contact materials.

               (8)

               In view of the above, Appendix C of Annex II to Directive 2009/48/EC should be amended to include a content limit for BIT in toys.

               (9)

               The content limit laid down by this Directive should be reviewed at the latest five years after the date on which Member States are to apply this Directive.

               (10)

               The measures provided for in this Directive are in accordance with the opinion of the Committee established in Article 47 of Directive 2009/48/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   In Appendix C of Annex II to Directive 2009/48/EC, the following entry shall be added:

                  Substance

                  CAS No

                  Limit value

                  ‘1,2-benzisothiazol-3(2H)-one

                  2634-33-5

                  5 mg/kg (content limit) in aqueous toy materials, in accordance with the methods laid down in EN 71-10:2005 and EN 71-11:2005’

   Article 2
   1.   Member States shall adopt and publish, by 24 May 2017 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 24 May 2017.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 23 November 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 170, 30.6.2009, p. 1.

      (2)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

      (3)  Danish EPA (2014) Survey and health assessment of preservatives in toys. Survey of chemical substances in consumer products No 124, 2014; table 24 on p. 56.

      (4)  Danish EPA (2014) Survey and health assessment of preservatives in toys. Survey of chemical substances in consumer products No 124, 2014; p. 38.

      (5)  Danish EPA (2014) Survey and health assessment of preservatives in toys. Survey of chemical substances in consumer products No 124, 2014; p. 19 and following.

      (6)  Scientific Committee on Consumer Safety (SCCS), Opinion on benzisothiazolinone (BIT). Opinion adopted on 26-27 June 2012, pp. 16 and 26.

      (7)  Scientific Committee on Consumer Safety (SCCS), Opinion on benzisothiazolinone (BIT). Opinion adopted on 26-27 June 2012, p. 16.

      (8)  Scientific Committee on Consumer Safety (SCCS), Opinion on benzisothiazolinone (BIT). Opinion adopted on 26-27 June 2012, p. 26.

      (9)  Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).

      (10)  EN 71-9:2005+A1:2007, Annex A, section A.10.