Avis juridique important

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31984L0528

Council Directive 84/528/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for lifting and mechanical handling appliances

Official Journal L 300 , 19/11/1984 P. 0072 - 0085 Finnish special edition: Chapter 13 Volume 14 P. 0074  Spanish special edition: Chapter 13 Volume 18 P. 0082  Swedish special edition: Chapter 13 Volume 14 P. 0074  Portuguese special edition Chapter 13 Volume 18 P. 0082

COUNCIL DIRECTIVE of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for lifting and mechanical handling appliances (84/528/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas in each Member State mandatory provisions determine the technical characteristics of construction, verification and/or the operation of lifting and mechanical handling appliances ; whereas these requirements differ from one Member State to another ; whereas such differences hinder trade and may create unequal conditions of competition within the Community;  Whereas these hindrances to the establishment and functioning of the common market can be reduced or indeed eliminated if the same requirements apply in each of the Member States either in addition to or in place of their existing laws;  Whereas a check on compliance with these technical requirements is necessary to provide effective protection for users and third parties ; whereas the existing inspection procedures differ from one Member State to another ; whereas in order to achieve free movement of lifting and mechanical handling appliances within the common market and to obviate multiple inspections which are in effect barriers to the free movement of these appliances, arrangements should be made for the mutual recognition of inspection procedures by the Member States;  Whereas in order to facilitate this mutual recognition of inspection procedures it is necessary, in particular, to establish appropriate administrative procedures before these machines are placed on the market, namely : EEC type-approval/component type-approval, EEC type-examination, EEC verification, EEC inspection and EEC self-certification ; whereas it is necessary to harmonize the criteria to be considered when appointing the approved bodies responsible for carrying out EEC type-examination;  Whereas in each Member State the responsibility of the bodies carrying out the checks is defined differently, making harmonization necessary;  Whereas the presence on a lifting or mechanical handling appliance or component of EEC marks showing that it has undergone the appropriate inspection indicates that it satisfies the relevant technical requirements and therefore makes it unnecessary, on importation, to repeat the inspections which have already been carried out;  Whereas national rules concerning lifting and mechanical handling appliances cover numerous categories of lifting and mechanical handling appliances of widely varying uses, capacities and loads ; whereas this Directive should lay down the general provisions dealing, in particular, with EEC type-approval, EEC component type-approval, EEC type-examination, EEC verification, EEC inspection and EEC self-certification procedures ; whereas separate Directives for each category of lifting and mechanical handling appliance will lay down the technical requirements as to design, inspection procedures for the appliances and their components and, where appropriate, the conditions under which Community technical requirements are to replace the national provisions in force;  Whereas this Directive shall not affect the provisions of Directive 70/156/EEC (4);  Whereas technical progress requires prompt adaptation of the technical requirements specified in the Directives relating to lifting and mechanical handling appliances ; whereas in order to facilitate the implementation of the measures necessary to this end, it is necessary to ensure  (1) OJ No C 221, 29.9.1975, p. 1. (2) OJ No C 7, 12.1.1976, p. 37. (3) OJ No C 131, 12.6.1976, p. 31. (4) OJ No L 42, 23.2.1970, p. 1.  close cooperation between the Member States and the Commission within the Committee for Adaptation to Technical Progress of the Directives for Removing Technical Barriers to Trade in Lifting Appliances and Equipment, established by Council Directive 73/361/EEC of 19 November 1973 on the approximation of the laws regulations and administrative provisions of the Member States relating to the certification and marking of wire-ropes, chains and hooks (1), as amended by the 1979 Act of Accession;  Whereas lifting and mechanical handling appliances placed on the market, although conforming to the requirements of the relevant separate Directive, might nevertheless constitute a safety hazard ; whereas provision should therefore be made for a procedure to reduce this hazard,  HAS ADOPTED THIS DIRECTIVE:    CHAPTER I Definitions and scope  Article 1 1. For the purposes of this Directive, "lifting and mechanical handling appliances" means all lifting and mechanical handling appliances which are electrically, hydraulically or mechanically operated, such as lifts, civil engineering hoists, goods lifts, cranes, conveyor belts and motorized trucks.  2. For the purposes of this Directive, "component" means any part of a lifting or mechanical handling appliance as defined in the separate Directives.  3. This Directive does not cover lifting or mechanical handling appliances specially designed for military or research purposes, or those used on ships, on offshore prospecting and drilling rigs, in mines or for the handling of radioactive materials.   Article 2 1. For the purposes of this Directive:  "EEC type-approval/component type-approval" means the procedure whereby a Member State establishes, following tests, and certifies that a type of lifting or mechanical handling appliance and/or component referred to in Article 1 conforms to the requirements harmonized under this Directive and the relevant separate Directives;  "EEC verification" means the procedure whereby a Member State can affirm, following tests, that each appliance and/or component conforms to the requirements harmonized under this Directive and the relevant separate Directives;  "EEC type-examination" means the procedure whereby the body approved for that purpose by a Member State establishes, following tests, and certifies that a type of appliance and/or component conforms to the requirements harmonized under this Directive and the relevant separate Directives;  "EEC inspection" means the procedure whereby the body approved for that purpose by a Member State establishes, after issuing an EEC type-examination certificate in accordance with this Directive and the relevant separate Directives, that the appliances and/or components have been manufactured in conformity with the approved types;  "EEC self-certification" means the procedure whereby the manufacturer, or his authorized representative established in the Community, certifies, on his own responsibility, that an appliance and/or component conforms to the requirements harmonized under this Directive and the relevant separate Directives.  2. The separate Directives shall - having regard where appropriate to the manner in which such appliances are used - lay down the technical requirements and the inspection, testing and, where necessary, operating procedures for the categories of lifting and mechanical handling appliances and/or components to which they relate and which are referred to in Article 1.  They shall specify which procedure(s) referred to in paragraph 1 shall apply to a particular category of appliances and/or components.  The separate Directives may also require Member States to take, either upon their entry into force or at a later specified date, all necessary measures to prevent the placing on the market or putting into service for a purpose for which they were intended of lifting or mechanical handling appliances and/or components which do not meet the requirements of the relevant separate Directives.   Article 3 1. For the purposes of this Directive, an "EEC-type lifting or mechanical handling appliance and/or  (1) OJ No L 335, 5.12.1973, p. 51.  component" means any appliance and/or component which satisfies the requirements of this Directive and of the relevant separate Directives and which accordingly bears the EEC mark of conformity referred to in Article 20.  2. No Member State may refuse, prohibit or restrict the placing on the market or putting into service for a purpose for which it was intended of an EEC-type appliance and/or component on grounds relating to its construction or to the inspection thereof.  3. However, provision may be made in the separate Directives for inspection by the Member State concerned of an EEC-type appliance and/or component when it is being installed or put into service, and periodically thereafter.   Article 4 Member States shall attach the same value to EEC type-approval/component type-approval, EEC verification, EEC type-examination, EEC inspection and EEC self-certification as to the corresponding national procedures.   CHAPTER II EEC type-approval/component type-approval  Article 5 1. Where it is provided for in a separate Directive, EEC type-approval/component type-approval shall be a prerequisite for the placing on the market and the putting into service of an appliance and/or component.  2. Member States shall, at the request of a manufacturer, or his authorized representative established in the Community, grant EEC type-approval/component type-approval for any type of lifting or mechanical handling appliance and/or component which satisfies the requirements of this Directive and the relevant separate Directives.  3. For a given type of lifting or mechanical handling appliance and/or component, an application for EEC type-approval/component type-approval shall be submitted in only one Member State.  The Member States shall grant, refuse, suspend or withdraw EEC type-approval/component type-approval in accordance with the provisions of this Chapter and Annex I.   Article 6 1. The Member State granting EEC type-approval/component type-approval shall make out an EEC type-approval/component type-approval certificate which shall be forwarded to the applicant without delay.  The EEC type-approval/component type-approval certificate must be drawn up in accordance with the model given in Annex III.  2. The separate Directives may lay down that EEC type-approval/component type-approval shall be subject to certain conditions or time limits.  3. If the separate Directive so requires, the manufacturer shall inform the Member State of the date on which he will begin mass production of an EEC-type appliance and/or component.   Article 7 1. If a Member State which has granted EEC type-approval/component type-approval finds that one or more appliances and/or components for which such approval has been granted fail to conform to the type, it shall suspend or withdraw the approval.  2. The EEC approval may, however, be maintained where the State considers that the differences established are minor, have no fundamental effect on the design of the appliance and/or component and in no way represent a hazard to safety or health ; in this case, the Member State may request the manufacturer to make the appropriate manufacturing changes as soon as possible. However, where the requirements of the separate Directive have not been complied with, the Member State must request that the appropriate changes be made.  The Member State must withdraw the approval if the manufacturer fails to comply with this request.  3. The Member State which granted EEC type-approval/component type-approval must also withdraw it if it finds that the approval should not have been granted or that the conditions referred to in Article 6 (2) have not been fulfilled.  4. Furthermore, if the Member State which granted EEC type-approval/component type-approval is informed by another Member State of the existence of one of the cases referred to in paragraphs 1, 2 and 3, it shall, after consulting the latter State, act in accordance with the provisions of those paragraphs.  5. Where the advisability or necessity of suspending or withdrawing approval is the subject of dispute between  the Member State which granted the EEC type-approval/component type-approval and another Member State, the Commission shall be kept informed. It shall, where necessary, hold appropriate consultations in order to arrive at a solution.  6. Only that Member State which granted the EEC type-approval/component type-approval may decide to suspend or withdraw it. It shall forthwith notify the other Member States and the Commission of any such decision, giving, as far as possible, such detailed information as may be required for identification of the equipment which does not conform to the approved type.   CHAPTER III EEC verification and self-certification  Article 8 The separate Directives which provide for EEC verification or EEC self-certification shall specify the procedure to be followed.   CHAPTER IV EEC type-examination and EEC type-examination certificate  Article 9 1. Where it is provided for in a separate Directive, EEC type-examination shall be a prerequisite for the placing on the market and the putting into service of an appliance and/or component.  2. EEC type-examination shall be carried out by bodies approved for this purpose by the Member State.   Article 10 1. Approved bodies appointed by Member States to carry out EEC type-examination in accordance with Article 11 shall comply with the minimum criteria laid down in Annex II, without prejudice to Member States' competence to take such measures and lay down such conditions as they consider necessary at national level to ensure that these bodies operate in an efficient, coordinated and exemplary fashion.  Compliance with the minimum criteria by a body shall not oblige a Member State to approve that body.  2. Where a Member State has approved a body or bodies to carry out EEC type-examination, it shall notify the other Member States and the Commission of the body or list of bodies concerned. It shall also notify the other Member States and the Commission of any subsequent amendments to these particulars.   Article 11 1. The EEC type-examination certificate shall be the document by which an approved body certifies that a type of appliance and/or component conforms to the requirements of this Directive and the relevant separate Directives.  At the request of the manufacturer, or his authorized representative established in the Community, the approved bodies referred to in Article 10 shall carry out the EEC type-examination of a type of appliance and/or component. If the type meets the requirements of this Directive and of the relevant separate Directives and if the manufacturer undertakes to comply with the conditions referred to in Article 17 and in the separate Directives, the approved body shall issue an EEC type-examination certificate. This certificate shall conform to the model given in Annex III, save where otherwise provided in the separate Directives.  The appliances and/or components which are to be manufactured following certification of EEC type-examination must conform to the appliance thus certified.  2. The approved bodies shall issue, refuse to issue, suspend or withdraw EEC type-examination certificates in accordance with the provisions of this Chapter and of Annex I.  3. Applications for EEC type-examination relating to the same type of appliance shall be submitted to only one of the approved bodies.  4. The EEC type-examination certificate shall be subject to the conditions contained in Article 17 and may also be issued for a limited period or be subject to other conditions stipulated in the separate Directives.  5. The requirements governing EEC certification are given in Annex I.    Article 12 1. If an approved body finds that one or more samples of an appliance and/or component of the type for which it has issued an EEC type-examination certificate fail to conform to that type, is shall request the holder of the certificate to rectify production within a specified period, if necessary suspending the certificate. Where necessary, the separate Directive relating to the appliance and/or component concerned shall fix the number of samples deemed sufficient to justify intervention by the approved body. Failing rectification within the specified period the approved body shall suspend or withdraw the certificate.  2. The approved body which has granted the EEC type-examination certificate must withdraw it if it finds that the certificate should not have been granted or that the conditions referred to in Article 11 (4) have not been fulfilled.  3. It shall suspend or withdraw the certificate if the holder fails to fulfil the undertakings to the approved body which are referred to in Articles 11 and 17.   Article 13 1. Member States shall ensure that the approved bodies carry out the aforementioned tasks correctly.  To this end they shall, by appropriate measures, oblige the approved bodies to allow the competent authorities of the Member States which appointed them to make checks at any time.  2. A Member State may authorize a body approved by it, without thereby restricting that body's own responsibility, to entrust to one or more laboratories the task of carrying out the tests to be conducted in the context of the EEC type-examination and the EEC inspection provided for in Chapter V, provided that these laboratories satisfy the criteria laid down in sections 2, 3, 4 and 7 of Annex II.  3. Member States shall take the necessary steps to ensure that the applicant or the person to whom the EEC type-examination certificate was issued is able to appeal against decisions by the approved body to refuse, suspend or withdraw the EEC type-examination certificate.  4. If a Member State finds that a body which it has approved is not correctly fulfilling the tasks referred to in Articles 11 and 12, such Member State shall take all appropriate steps with regard to that body.  5. The Member State shall in any event withdraw approval from an approved body if it finds that that body has ceased to satisfy the minimum criteria laid down in Annex II or that it does not comply with the conditions set by the Member State.  6. If a Member State does not withdraw approval from a body which no longer satisfies the minimum criteria, any other Member State may bring this fact to the attention of the Commission. The Commission shall take appropriate steps to find a solution.   Article 14 1. A Member State which withdraws approval from a body shall take all necessary steps to ensure continuity with regard to fulfilment of the obligations and duties resulting from the issue of EEC type-examination certificates by that body before the withdrawal of approval.  2. The Member State must withdraw all certificates issued by that body before withdrawal of approval if they were issued improperly.   Article 15 1. If one of the cases referred to in Article 12 is noted in a Member State, the competent authorities of that Member State shall bring this fact to the attention of the Member State in which the certificate was issued.  2. The competent authorities of the Member State in which the EEC type-examination certificate was issued shall oblige the approved body concerned to take the steps provided for in Article 12.  3. In the event of a dispute between the Member State in which an EEC type-examination certificate was issued and another Member State the Commission shall be informed and shall take appropriate steps.   CHAPTER V EEC inspection  Article 16 Member States shall ensure that EEC inspection, the aim of which is to ensure correct use of the EEC mark, is carried out. Inspection may be carried out by the  approved bodies referred to in Article 10 which issued the EEC type-certificate. Inspection shall be carried out by taking samples and by spot checks, inter alia. The bodies which carry out the inspection must, in any case, satisfy the criteria laid down in Annex II and be notified in accordance with Article 10.   Article 17 1. A manufacturer, or his authorized representative established in the Community, who makes use of the EEC mark must:    (a) inform the approved body which granted the EEC type-certificate of:      - the places where the appliances are manufactured and/or warehoused, as requested by the approved body,           - the date on which manufacture commences,           - any other information required by the approved body to enable it to carry out its task and provided for by the separate Directive;                  (b) allow representatives of the approved body which granted the certificate to have access for the purpose of inspection to the said places of manufacture and/or warehousing and to inspection records and provide all necessary information relevant to such inspection;       (c) permit the approved body which granted the certificate to take one or more appliances and/or components as samples for inspection purposes from the places of manufacture or warehousing.         2. The approved body which granted the EEC type-certificate must supply copies of the test report and, when requested, copies of the technical file to the other approved bodies, the Member States and the Commission.  3. The holder of the EEC mark must carry out manufacturing control and inspection or ensure that it is carried out, and have at his disposal the equipment necessary for him to monitor adequately the conformity of appliances and/or components manufactured with the appliance for which the EEC type-certificate was issued.   Article 18 1. The approved body which granted the EEC type-certificate shall organize EEC inspection of the manufactured appliances and/or components for which the EEC type-certificate was granted.  This inspection must enable the approved body to verify, firstly, whether the manufacturer has the inspection facilities referred to in Article 17 (3) and, secondly, whether the manufacturer actually carries out checks to verify whether production appliances and/or components conform to the appliance and/or component for which the EEC type-certificate was granted ; for example, whether he keeps inspection records if he has been requested to do so.  The approved body may also arrange for sampling to be carried out unannounced at the designated places of manufacture and warehousing. The approved bodies shall not be prevented from carrying out sampling, upon payment, at any stage of marketing as well.  2. If the place of manufacture, warehousing or marketing is situated in a Member State other than that of the approved body which granted the EEC type-certificate, that body shall, if necessary, contact an approved body in the Member State where the samples are to be taken for the inspection referred to above.  The approved body which carried out the inspection shall send a report to the approved body which granted the EEC type-certificate.   Article 19 1. Should the inspection referred to in Article 18 prove that the appliances and/or components do not conform to the appliance and/or component which received the EEC type-certificate and that the requirements of this Directive and the relevant separate Directive have not all been fulfilled, the approved body must take one of the following measures against the holder of the EEC mark:    (a) a simple warning formally requiring that the infringements noted cease within a given period of time;       (b) a warning as referred to in (a) but accompanied by more frequent inspections;       (c) suspension of the EEC type-certificate;       (d) withdrawal of the EEC type-certificate.         These measures may be taken only by the approved body which granted the EEC type-certificate.   2. The first two measures shall be taken where the differences do not affect the general design of the appliance or where the infringements noted are minor and in no way represent a safety or health hazard.  One of the last two measures shall be taken where the differences or infringements noted are considerable and in any case if they represent a safety or health hazard.  3. The approved body which granted the EEC type-certificate must also withdraw the certificate:    - if the manufacturer, or his authorized representative established in the Community, prevents the inspection provided for in Article 18 from being carried out,       - if it finds that the EEC type-certificate should not have been granted.         4. If the approved body which granted the EEC type-certificate is informed by an approved body of another Member State of the existence of one of the cases referred to in paragraphs 2 and 3, it shall also, after consulting that body, take the measures provided for in those paragraphs.  5. Suspension or withdrawal of the EEC type-certificate shall be notified to the Member State and the approved bodies.   CHAPTER VI Provisions common to the EEC type-approval/component type-approval, EEC verification and EEC type-examination procedures  Article 20 1. The EEC mark of conformity affixed to an appliance and/or component shall certify that it conforms to the type approved or granted an EEC type-examination certificate.  2. The EEC type-approval/component type-approval certificate or the EEC type-examination certificate shall entitle the manufacturer, on his own responsibility, to affix the EEC mark of conformity to products to be marketed which conform to the type granted such certificate and/or, if the separate Directive so provides, to issue a certificate of conformity in accordance with the model shown in Annex IV.  The requirements governing the EEC mark are given in Annex I.  3. Member States shall take all necessary measures to ensure that lifting or mechanical handling appliances and/or components required to undergo EEC type-approval/component type-approval, EEC verification or EEC type-examination do not bear any sign or inscription liable to be confused with the EEC mark.   Article 21 Each Member State shall forward to the other Member States and to the Commission:    - the list of bodies responsible for carrying out examinations and tests under the EEC type-approval/component type-approval and EEC verification procedures,       - the list of approved bodies responsible for carrying out the EEC type-examination and EEC inspection,       - any subsequent amendments to these lists.          CHAPTER VII Adaptation of the Directives to technical progress  Article 22 1. Any amendments necessary to adapt to technical progress Annex I to this Directive, with the exception of sections 1.1 and 5, shall be made in accordance with the procedure laid down in Article 5 of Directive 73/361/EEC.  2. The separate Directives relating to lifting and mechanical handling appliances and/or components shall specify which of the provisions of their technical Annexes may or may not be adapted under this procedure.   CHAPTER VIII Derogating clause  Article 23 1. The design of an appliance and/or component and the methods used in its manufacture may, in specific instances, depart from some of the provisions of the separate Directives, without the appliance and/or component ceasing to be covered by Article 3 (2) of this  Directive, provided that the alterations made are such as to ensure at least an equivalent level of protection as far as safety or health are concerned.  2. Each of the separate Directives shall expressly specify the provisions from which such derogation is possible or the provisions from which there can be no derogation.  3. Where a request for derogation is accepted, the following procedure shall be observed:    (a) The Member State, either directly in the case of the EEC type-approval procedure, or indirectly through the approved body it has appointed in the case of the EEC type-examination procedure, shall forward to the Commission the documents giving the description of the appliance and/or component and the documents supporting its request for derogation, including the result of any tests carried out. The Commission shall send a copy to the other Member States which shall then have a period of four months from that date to agree or disagree with the Member State concerned or to ask that the matter be referred to the Committee provided for in Directive 73/361/EEC. A copy of each document shall be sent to the Commission ; all the correspondence shall be confidential.       (b) If no Member State has disagreed or asked that the matter be referred to the Committee before the end of the period laid down under (a), the Commission may convene the Committee or authorize the Member State to grant or approve the derogation requested and shall inform the other Member States thereof.       (c) If a Member State has not replied by the end of the statutory period, it shall be regarded as having agreed.       (d) Otherwise the Commission shall act on the derogation request after having received the opinion of the Committee provided for in Directive 73/361/EEC.       (e) The relevant documents shall be submitted in an official language of the country of destination or, in special cases, in another language acceptable to it.         4. In the case of a certificate issued by the manufacturer himself, it shall be possible to derogate from the Directive, pursuant to paragraph 1, only if an approved body has confirmed to the manufacturer that the derogation proposed does not reduce safety.  Before granting the derogation, the approved body shall inform the other approved bodies. Should one of these bodies object within a period of two months, the matter shall be placed before the Commission through a Member State. The Commission shall try to settle the dispute. If necessary, it shall convene the Committee provided for in Directive 73/361/EEC and shall take a decision after consulting it.   CHAPTER IX Safeguard clause  Article 24 1. Where a Member State has good grounds for believing that a lifting or mechanical handling appliance and/or component represents a safety and/or health hazard even though it satisfies the requirements of this Directive and of the separate Directives, it may temporarily prohibit or restrict on its territory the placing on the market and putting into service of the appliance and/or component for the use for which it was intended. It shall immediately inform the Commission and the other Member States thereof, giving the reasons for its decision.  2. The Commission shall consult the Member States concerned within six weeks and shall then give its view without delay and take the appropriate steps.  3. Where the Commission considers that technical adaptations to the Directive are necessary, such adaptations shall be made either by the Commission or by the Council in accordance with the procedure laid down in Article 5 of Directive 73/361/EEC. In this event, the Member State which has taken the safeguard measures may retain them until such adaptations come into force.   CHAPTER X Final provisions  Article 25 The costs arising from EEC type-approval/component type-approval, EEC type-examination and EEC inspection shall be borne by the manufacturer, or by his authorized representative established in the Community, who has requested application of these procedures.    Article 26 Any decision pursuant to this Directive and to the separate Directives to refuse EEC type-approval/component type-approval, EEC verification or EEC type-examination, to suspend or withdraw an EEC type-approval/component type-approval certificate, EEC verification certificate or EEC type-examination certificate, or to prohibit the placing on the market or putting into service of EEC-type lifting and mechanical handling appliances and/or EEC-type components shall state the grounds on which it is based. Such a decision shall be communicated as soon as possible to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member State in question and of the time limits to which such remedies are subject.   Article 27 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive so that they enter into force on the same date as those introduced in order to comply with Directive 84/529/EEC (1). They shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 28 This Directive is addressed to the Member States.     Done at Brussels, 17 September 1984.  For the Council  The President  P. BARRY  (1) See page 86 of this Official Journal.     ANNEX I  EEC TYPE-APPROVAL/COMPONENT TYPE-APPROVAL AND EEC TYPE EXAMINATION    1. APPLICATION FOR EEC TYPE-APPROVAL/COMPONENT TYPE-APPROVAL OR EEC TYPE-EXAMINATION      1.1. The application and the correspondence relating to it shall be drawn up in the official language (or one of the official languages) of the State to which the application is made. This State, or the approved body or bodies which it has appointed, has the right to require that the annexed documents should also be drawn up in that same official language.           1.2. The application shall contain the following information:        - name and address of the manufacturer or firm, of his or its authorized representative or of the applicant,               - category of the appliance and/or component,               - intended use and any prohibited uses,               - trade name, if any, or type,               - technical characteristics.                          1.3. The application shall be accompanied by two copies of the documents required and in particular:        1.3.1.           - the technical file required by the separate Directives,                   - the places where the EEC mark specified in this Directive and the other marks specified in the separate Directives are to be affixed;                                  1.3.2.           - a statement certifying that no other application for EEC type-approval/component type-approval or EEC type-examination has been submitted for the same type of appliance and/or component;                                  1.3.3.           - where appropriate, documents relating to all types of national approval already granted and the components used which have been granted EEC component type-approval or have undergone EEC type-examination of EEC verification.                                                    2. PROCESSING OF THE APPLICATION      2.1. The application shall be examined on the basis of the plans and, where appropriate, the appliances and/or components.  This examination shall cover all the examinations and tests specified in this Directive and the separate Directives relating thereto.           2.2. The separate Directives for the various categories of lifting and mechanical handling appliances and/or components shall determine, if necessary, the rules for manufacture, calculation and examination and the coefficients to be used for calculation, and shall specify the nature and quality of the materials that may be used in the manufacture of such lifting or mechanical handling appliances.                  3. EEC CERTIFICATES AND MARK  >PIC FILE= "T0026382">       - in the upper part, the serial number of the separate Directive allocated according to the chronological order of adoption, and the capital letters identifying the State where the certificate was issued (B for Belgium, D for the Federal Republic of Germany, DK for Denmark, F for France, GR  for Greece, I for Italy, IRL for Ireland, L for Luxembourg, NL for the Netherlands, UK for the United Kingdom) and the two final digits of the year of issue of the certificate ; the number of the separate Directive to which the certificate refers will be allocated by the Council when that separate Directive is adopted,           - in the lower part, the certificate number.             An example of this mark is shown in 6.1.       4. MODIFICATION OF THE PRODUCT MARKETED  The Member State or approved body which has granted a certificate must be informed of all significant modifications, particularly those involving changes in the trade descriptions of a product.       5. PUBLICATION OF CERTIFICATES      5.1. An extract from the certificates shall be published in the Official Journal of the European Communities.           5.2. At the same time as the party concerned is notified, copies of the certificate shall be sent by the Member State in which it was issued to the Commission and to the other Member States, which may also obtain copies of the definitive technical file on the appliance and of the reports on the examinations and tests it has undergone.           5.3. Withdrawal of an EEC certificate shall be published in accordance with the procedure laid down in 5.1 and 5.2.           5.4. Any Member State refusing a certificate shall, either directly in the case of EEC type-approval/component type-approval or at the request of the approved body in the case of EEC type-examination, inform the other Member States and the Commission of such refusal.            6. EEC MARK      6.1. EEC mark (see section 3)  >PIC FILE= "T0026383">            6.2. The separate Directives may specify the placing and dimensions of the EEC marks.  Unless otherwise indicated in the separate Directives, the letters and digits in each mark must be at least 5 mm high.           6.3. This mark must be visibly, legibly and indelibly affixed to each appliance and component.                     ANNEX II  CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES WHEN APPOINTING  APPROVED BODIES    1. The body and its director and staff may not be the designer, manufacturer, supplier or installer of the appliances, or the authorized representative of any of those parties. They may not become directly involved in the design, construction, marketing, representation or maintenance of such appliances or components, nor represent the parties engaged in these activities. This does not preclude the possibility of exchanges of technical information between the manufacturer and the approved body.       2. The staff responsible for examining appliances with a view to the issue of EEC type-examination certificates and to carrying out inspections must discharge these tasks with the highest degree of integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their work, especially from persons or groups or persons with an interest in the results of examinations.       3. The bodies responsible for examining appliances and components with a view to the issues of EEC certificates and carrying out inspections must possess the staff and resources necessary for the proper discharge of the technical and administrative tasks connected with the issue of EEC certificates and the carrying out of inspections, and must have access to the equipment required for special examinations and inspections.       4. The staff responsible for examinations and inspections must have:      - sound technical and professional training,           - satisfactory knowledge of the requirements of the examinations and inspections which they carry out and adequate experience of such tasks,           - the ability to draw up the records and reports required to authenticate the performance of the work.                  5. The impartiality of inspection staff must be guaranteed. Their remuneration must not depend on the number of inspections they carry out, nor on the results of such inspections.       6. The body must have third party insurance unless civil liability is assumed by the State in accordance with national law.       7. Staff of the approved body shall be bound to observe professional secrecy with regard to all information acquired in carrying out their duties (except vis-à-vis the competent administrative authorities of the State in which they carry out their activities) under this Directive and the separate Directives or under any provision of national law giving effect to these Directives.          ANNEX III  MODEL EEC TYPE-APPROVAL/COMPONENT TYPE-APPROVAL OR EEC TYPE-EXAMINATION  CERTIFICATE FOR LIFTING AND MECHANICAL HANDLING APPLIANCES  AND/OR COMPONENTS >PIC FILE= "T0026384">     ANNEX IV  EEC CERTIFICATE OF CONFORMITY >PIC FILE= "T0026385">


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31987L0219

Council Directive 87/219/EEC of 30 March 1987 amending Directive 75/716/EEC on the approximation of the laws of the Member States relating to the sulphur content of certain liquid fuels

Official Journal L 091 , 03/04/1987 P. 0019 - 0021 Finnish special edition: Chapter 15 Volume 7 P. 0218  Swedish special edition: Chapter 15 Volume 7 P. 0218

*****COUNCIL  DIRECTIVE  of 30 March 1987  amending Directive 75/716/EEC on the approximation of the laws of the Member States relating to the sulphur content of certain liquid fuels  (87/219/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Articles 100 and 235 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 Directive 75/716/EEC (4) obliges Member States to take all necessary steps to ensure that gas oils can be marketed in the Community only if their sulphur content does not exceed certain limits;  Whereas the said Directive provides that the Commission may, as appropriate, draw up suitable proposals, in particular to amend the sulphur content limits of gas oils, as a function, inter alia, of the levels of air pollution due to sulphur dioxide;  Whereas successive action programmes of the European Communities on the environment (5) stress the importance of preventing and reducing air pollution;  Whereas, in addition, the Community became, by virtue of Decision 81/462/EEC (6) a contracting party to the Convention on long-range transboundary air pollution, which provides in particular for the development of strategies and policies to limit and, as far as possible, gradually reduce and prevent air pollution;  Whereas, in view of the damaging effects on the environment of sulphur dioxide emissions including those arising from the use of gas oil, there is an urgent need to reduce these emission levels wherever this can be achieved;  Whereas it is appropriate to fix a new maximum level for the sulphur content of gas oils as laid down in Directive 75/716/EEC;  Whereas Member States should also be able to require a specified level lower than the maximum provided for in certain defined circumstances;  Whereas the operation of this Directive should be reviewed after an appropriate period of time;  Whereas reducing pollution by sulphur serves to further one of the Community's objectives regarding the protection and improvement of the environment; whereas, however, the necessary powers for this purpose are not expressly provided for in the Treaty and Article 235 must therefore also be invoked,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 75/716/EEC is amended as follows:  (1) Articles 1 and 2 are replaced by the following:  'Article 1  1. For the purposes of this Directive, gas oil shall mean any petroleum product falling under subheading 27.10 C I of the Common Customs Tariff (10 December 1984 edition) or any petroleum product which, by reason of its distillation limits, falls into the category of middle distillates intended for use as fuel and of which at least 85 % by volume, including distillation losses, distils at 350 °C.  2. Paragraph 1 shall not apply to gas oils:  - used by shipping,  - contained in the fuel tanks of inland waterway vessels or of motor vehicles travelling from one zone to another or crossing a frontier between a third country and a Member State,  - intended for processing in the refining industry.  Article 2  1. Member States shall take all necessary steps to ensure that gas oils can be marketed in the Community only if their sulphur compound content, expressed in sulphur, does not exceed 0,3 % by weight as from 1 January 1989.  2. Should environmental requirements or the state of desulphurization technology change appreciably or should the economic situation in the Community as regards the supply of crude oil change substantially, the Commission may, on its own initiative or at the request of a Member State, propose amendments in accordance with the conditions laid down by the Treaty, to the sulphur content indicated in paragraph 1.  3. If, as the result of a sudden change in the supply of crude oil or petroleum products, it becomes difficult for a Member State to apply the limit on the maximum sulphur content of gas oil, that Member State may, after informing the Commission, authorize a higher limit within its territory for a period of four months. The Council, acting by a qualified majority on a proposal from the Commission, may extend this period.'  (2) Articles 4 to 7 are replaced by the following:  'Article 4  Without prejudice to Article 5, the Member States may not, as from the date of application laid down in Article 2, due account being taken of Article 3, prohibit, restrict or impede the marketing of gas oils, on the grounds of sulphur content, provided they comply with the requirements of this Directive.  Article 5  1. Member States may require the use of gas oils with a sulphur content equal to 0,2 % by weight:  - within the zones they have determined under Article 4 of Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates (1); as last amended by the Act of Accession of Spain and Portugal,  - wherever Article 5 of the same Directive is applicable,  - where damage to the environment or to the national heritage caused by total sulphur dioxide emissions requires the sulphur content of gas oil to be fixed at a lower value than that provided for in Article 2.  2. Member States shall inform the other Member States and the Commission of any measures which they contemplate taking in respect of paragraph 1 and of their grounds for taking them.  Marketing of any gas oil with a sulphur content of less than 0,2 % may not be prohibited.  Article 6  The Commission shall monitor the effects of applying this Directive.  Three years at the latest after the notification (2) of this Directive, in the light of any new information available on the atmospheric sulphur dioxide pollution levels recorded, on progress towards defining air quality objectives, on the state of the environment and on the harmful effects of air pollution, and on condition on the gas oil market, the Commission shall submit a report to the Council accompanied by an appropriate proposal with a view to the establishment of a single value.  The Council, acting in accordance with the provisions of the Treaty, shall decide on the Commission proposal before 1 December 1991.  Article 7  1. Member States shall take the necessary measures to check by sampling the sulphur content of gas oils which are marketed.  2. The reference method adopted for determining the sulphur content of gas oils which are marketed is defined by method IP 336. The statistical interpretation of the results of the checks made to determine the sulphur content of the gas oils marketed shall be made according to standard ISO 4259 (1979 edition).  (1) OJ No L 229, 30. 8. 1980, p. 30.  (2) This Directive was notified to the Member States on 2 April 1987.' Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1988. 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.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 30 March 1987.  For the Council  The President  P. DE KEERSMAEKER  (1) OJ No C 205, 14. 8. 1985, p. 3.  (2) OJ No C 283, 10. 11. 1986, p. 108.  (3) OJ No C 344, 31. 12. 1985, p. 22.  (4) OJ No L 307, 27. 11. 1975, p. 22.  (5) OJ No C 112, 20. 12. 1973, p. 1, OJ No C 139, 13. 6. 1977, p. 1 and OJ No C 46, 17. 2. 1983, p. 1.  (6) OJ No L 171, 27. 6. 1981, p. 11.


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31965L0066

Council Directive 65/66/EEC of 26 January 1965 laying down specific criteria of purity for preservatives authorised for use in foodstuffs intended for human consumption

Official Journal 022 , 09/02/1965 P. 0373 - 0382 Finnish special edition: Chapter 13 Volume 1 P. 0071  Danish special edition: Series I Chapter 1965-1966 P. 0021  Swedish special edition: Chapter 13 Volume 1 P. 0071  English special edition: Series I Chapter 1965-1966 P. 0025  Greek special edition: Chapter 03 Volume 1 P. 0162  Spanish special edition: Chapter 13 Volume 1 P. 0023  Portuguese special edition Chapter 13 Volume 1 P. 0023

COUNCIL DIRECTIVE  of 26 January 1965  laying down specific criteria of purity for preservatives authorised for use in foodstuffs intended for human consumption  (65/66/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community;  Having regard to the Council Directive of 5 November 1963 (1) on the approximation of the laws of the Member States concerning the preservatives authorised for use in foodstuffs intended for human consumption, and in particular Article 8 thereof;  Having regard to the proposal from the Commission;  Whereas, under Article 7 of the Directive of 5 November 1963, preservatives must satisfy certain specific criteria of purity laid down, where appropriate, and in accordance with Article 8 (1) of that Directive;  Whereas it is necessary to lay down specific criteria of purity for all the preservatives listed in the Annex to the Directive of 5 November 1963 ; whereas in certain Member States it is not possible to apply such criteria simultaneously with the laws amended in pursuance of that Directive and it is therefore desirable to set 1 June 1966 as the date by which the criteria are to apply;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The specific criteria of purity referred to in Article 7 (b) of the Directive of 5 November 1963 are given in the Annex to this Directive.   Article 2 Member States shall so amend their laws in accordance with the provisions of Article 1 that by 1 June 1966 the new measures apply to preservatives placed on the market.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 26 January 1965.  For the Council  The President  M. COUVE DE MURVILLE    ANNEX SPECIFIC CRITERIA OF PURITY  General observations      (a) Save as otherwise stated, quantities and percentages are calculated by weight on the anhydrous product.       (b) Where the relevant product is not initially anhydrous and "volatile substances" are involved, water is included among these substances.  (1)OJ No 12, 27.1.1964, p. 161/64.        (c) Where the drying period is not specified, this means "dried till constant weight".       (d) Where interpretation of the criteria set out below requires the definition of certain technical terms such as "vacuum", reference should be made to the methods of analysis established pursuant to Article 8 (2) of the Directive of 5 November 1963.         >PIC FILE= "T9000204">    >PIC FILE= "T9000205">    >PIC FILE= "T9000206">    >PIC FILE= "T9000207">    >PIC FILE= "T9000208">    >PIC FILE= "T9000209">    >PIC FILE= "T9000210">    >PIC FILE= "T9000211">


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32001L0112

Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption

Official Journal L 010 , 12/01/2002 P. 0058 - 0066

Council Directive 2001/112/ECof 20 December 2001relating to fruit juices and certain similar products intended for human consumptionTHE 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) Certain vertical Directives relating to foodstuffs should be simplified in order to take account only of the essential requirements to be met by the products they cover in order that those products may move freely within the internal market, in accordance with the conclusions of the Edinburgh European Council on 11 and 12 December 1992, as confirmed by those of the Brussels European Council on 10 and 11 December 1993.(2) Council Directive 93/77/EEC of 21 September 1993 relating to fruit juices and certain similar products(4) was intended to codify Directive 75/726/EEC(5) on the same subject.(3) Directives 75/726/EEC and 93/77/EEC had been justified by the fact that differences between national laws concerning fruit juices and nectars intended for human consumption could result in conditions of unfair competition likely to mislead consumers, and thereby have a direct effect on the establishment and functioning of the common market.(4) The said Directives had consequently laid down common rules governing the composition, use of reserved descriptions, manufacturing specifications and labelling of the products concerned, in order to ensure their free movement within the Community.(5) For the sake of clarity, Directive 93/77/EEC should be recast in order to make the rules on manufacturing and marketing conditions for fruit juices and certain similar products more accessible.(6) Directive 93/77/EEC should also be brought into line with general Community legislation on foodstuffs, particularly legislation on labelling, colouring matter, sweeteners and other authorised additives.(7) Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(6), and in particular Article 7(2) and (5) thereof, should apply subject to certain conditions. It should be clearly indicated when a product is a mixture of fruit juice and fruit juice from concentrate, and, for fruit nectar, when it is obtained entirely or partly from a concentrated product. The list of ingredients in the labelling bears the names of both the fruit juices and fruit juices from concentrate used.(8) Subject to Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs(7), the addition of vitamins to the products defined by this Directive is permitted in some Member States. However, the extension of this possibility to the whole of the Community is not envisaged. Therefore, Member States are free to authorise or prohibit the addition of vitamins and also minerals as part of the manufacturing process. In all circumstances, however, the principle of the free movement of products within the Community should be observed in accordance with the rules and principles laid down in the Treaty.(9) In accordance with the principles of subsidiarity and proportionality established by Article 5 of the Treaty, the objective of laying down common definitions and rules for the products concerned and bringing the provisions into line with general Community legislation on foodstuffs cannot be sufficiently achieved by the Member States and can therefore, by reason of the nature of this Directive, be better achieved by the Community. This Directive does not go beyond what is necessary in order to achieve the said objective.(10) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(8).(11) To avoid creating new barriers to free movement, Member States should refrain from adopting, for the products in question, national provisions not provided for by this Directive,HAS ADOPTED THIS DIRECTIVE:Article 1This Directive shall apply to the products defined in Annex I.Article 2Member States may, subject to Directive 90/496/EEC, authorise the addition of vitamins and minerals to the products defined in part I of Annex I hereto.Article 3Directive 2000/13/EC shall apply to the products defined in Annex I, subject to the following conditions:1. (a) The product names listed in Annex I shall apply only to the products referred to therein and shall, without prejudice to subparagraph (b), be used in trade to designate them.(b) As an alternative to the product names referred to in subparagraph (a), Annex III provides a list of particular designations. These designations may be used in the language and under the conditions laid down in Annex III.2. If the product comes from a single kind of fruit, the name of the latter shall be substituted for the word "fruit".3. For products manufactured from two or more fruits, except where lemon juice is used under the conditions laid down in part II.1 of Annex I, the product names shall be supplemented by a list of the fruits used, in descending order of the volume of the fruit juices or purées included. However, in the case of products manufactured from three or more fruits, the indication of the fruits used may be replaced by the words "several fruits" or a similar wording, or by the number of fruits used.4. For fruit juices which have been sweetened by the addition of sugars, the sales name shall include the word "sweetened" or "with added sugar", followed by an indication of the maximum quantity of sugar added, calculated as dry matter and expressed in grams per litre.5. The restoration of the products defined in part I of Annex I to their original state, by means of the substances strictly necessary for this operation, shall not entail an obligation to enter on the labels a list of the ingredients used for this purpose.The addition to fruit juice of extra pulp or cells as defined in Annex II shall be indicated on the labelling.6. Without prejudice to Article 7(2) and (5) of Directive 2000/13/EC for mixtures of fruit juice and fruit juice from concentrate, and for fruit nectar obtained entirely or partly from one or more concentrated products, the labelling shall bear the words "made with concentrate(s)" or "partially made with concentrate(s)", as appropriate. That information shall be entered close to the product name, standing out well from any background, in clearly visible characters.7. For fruit nectars, the labelling shall indicate the minimum content of fruit juice, fruit purée or any mixture of those ingredients, by the declaration "fruit content: ... % minimum". That information shall be located in the same field of vision as the product name.Article 4The labelling of concentrated fruit juice referred to in part I point 2 of Annex I not intended for delivery to the final consumer shall bear a reference indicating the presence and quantity of added sugars, or added lemon juice or acidifying agents as permitted by Directive 95/2/EC of the European Parliament and of the Council of 20 February 1995 on food additives other than colours and sweeteners(9). This reference shall appear on the packaging, on a label attached to the packaging or on an accompanying document.Article 5For the products defined in Annex I, Member States shall not adopt national provisions not provided for by this Directive.Article 6Without prejudice to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption(10), only the treatments and substances listed in part II of Annex I and the raw materials complying with Annex II may be used to manufacture the products defined in part I of Annex I. Moreover, fruit nectars shall comply with the provisions of Annex IV.Article 7The measures necessary for the implementation of this Directive relating to the matters referred to below shall be adopted in accordance with the regulatory procedure referred to in Article 8(2):- bringing this Directive into line with general Community legislation on foodstuffs,- adaptations to technical progress.Article 81. The Commission shall be assisted by the Standing Committee on Foodstuffs (hereinafter referred to as "the Committee") set up by Article 1 of Decision 69/414/EEC(11).2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 9Directive 93/77/EEC is hereby repealed with effect from 12 July 2003.References to the repealed Directive shall be construed as references to this Directive.Article 10Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 12 July 2003. They shall forthwith inform the Commission thereof.The measures shall be applied so as to:- authorise the marketing of the products defined in Annex I if they comply with the definitions and rules laid down in this Directive, with effect from 12 July 2003,- prohibit the marketing of products which fail to comply with this Directive, with effect from 12 July 2004.However, the marketing of products which fail to comply with this Directive but which were labelled before 12 July 2004 in accordance with Directive 93/77/EEC may continue until stocks run out.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by Member States.Article 11This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 12This Directive is addressed to the Member States.Done at Brussels, 20 December 2001.For the CouncilThe PresidentC. Picqué(1) OJ C 231, 9.8.1996, p. 14.(2) OJ C 279, 1.10.1999, p. 92.(3) OJ C 56, 24.2.1997, p. 20.(4) OJ L 244, 30.9.1993, p. 23. Directive as last amended by the 1994 Act of Accession.(5) OJ L 311, 1.12.1975, p. 40.(6) OJ L 109, 6.5.2000, p. 29.(7) OJ L 276, 6.10.1990, p. 40.(8) OJ L 184, 7.7.1999, p. 23.(9) OJ L 61, 18.3.1995, p. 1. Directive as last amended by Directive 98/72/EC (OJ L 295, 4.11.1998, p. 18).(10) OJ L 40, 11.2.1989, p. 27. Directive as amended by Directive 94/34/EC (OJ L 237, 10.9.1994, p. 1).(11) OJ L 291, 19.11.1969, p. 9.ANNEX IPRODUCT NAMES, DEFINITIONS OF PRODUCTS AND CHARACTERISTICSI. DEFINITIONS1. (a) Fruit juiceThe fermentable but unfermented product obtained from fruit which is sound and ripe, fresh or preserved by chilling, of one or more kinds mixed together, having the characteristic colour, flavour and taste typical of the juice of the fruit from which it comes. Flavour, pulp and cells from the juice which are separated during processing may be restored to the same juice.In the case of citrus fruits, the fruit juice must come from the endocarp. Lime juice, however, may be obtained from the whole fruit, by suitable production processes whereby the proportion of constituents of the outer part of the fruit is reduced to a minimum.(b) Fruit juice from concentrateThe product obtained by replacing in the concentrated fruit juice water extracted from that juice during concentration, and restoring the flavours, and, if appropriate, pulp and cells lost from the juice but recovered during the process of producing the fruit juice in question or of fruit juice of the same kind. The water added must display appropriate characteristics, particularly from the chemical, microbiological and organoleptic viewpoints, in such a way as to guarantee the essential qualities of the juice.The product thus obtained must display organoleptic and analytical characteristics at least equivalent to those of an average type of juice obtained from fruits of the same kind within the meaning of (a).2. Concentrated fruit juiceThe product obtained from fruit juice of one or more kinds by the physical removal of a specific proportion of the water content. Where the product is intended for direct consumption that removal will be of at least 50 %.3. Dehydrated/powdered fruit juiceThe product obtained from fruit juice of one or more kinds by the physical removal of virtually all the water content.4. Fruit nectar(a) The fermentable but unfermented product obtained by adding water and sugars and/or honey to the products defined in points 1, 2 and 3, to fruit puree or to a mixture of those products, that product, moreover, meeting the requirements of Annex IV.The addition of sugars and/or honey is permitted up to 20 % of the total weight of the finished product.Where fruit nectars are manufactured without added sugar or with low energy value, sugars may be replaced wholly or partially by sweeteners, in accordance with Directive 94/35/EC of the European Parliament and of the Council of 30 June 1994 on sweeteners for use in foodstuffs(1).(b) By way of derogation from (a), fruits listed in parts II and III of Annex IV and apricots can be used, individually or mixed together, to manufacture nectars without the addition of sugar, honey and/or sweeteners.II. AUTHORISED INGREDIENTS, TREATMENTS AND SUBSTANCES1. Authorised ingredients- Pursuant to Article 2, the addition of vitamins and minerals may be authorised in the case of the products defined in Part I, subject to Directive 90/496/EEC.- Flavour, pulp and cells restored to fruit juice defined in part I.1(a) must have been separated from that juice during processing, whereas flavour, pulp and cells restored to fruit juice defined in part I.1(b) may also be from fruit juice of the same kind.For grape juice only, salts of tartaric acids may be restored.- For products defined in part I.1, 2 and 3, other than pear or grape juice, the addition of sugars is authorised- for regulating acidic taste, the quantity of sugars added, expressed as dry matter, may not exceed 15 g per litre of juice,- for sweetening purposes, the quantity of sugars added, expressed as dry matter, may not exceed 150 g per litre of juiceprovided that the total amount of sugar added for both regulating acidic taste and sweetening purposes may not exceed 150 g per litre.- For products defined in part I.1, 2, 3 and 4, in order to regulate acidic taste, the addition of lemon juice and/or concentrated lemon juice up to 3 g per litre of juice, expressed as anhydrous citric acid, is authorised.- Carbon dioxide, as an ingredient, is authorised.The addition of both sugars and lemon juice, whether concentrated or not, or acidifying agents as permitted by Directive 95/2/EC to the same fruit juice is prohibited.2. Authorised treatments and substances- Mechanical extraction processes.- The usual physical processes, including in-line water extraction (diffusion) of the edible part of fruits other than grapes for the manufacture of concentrated fruit juices, provided that the concentrated fruit juices thus obtained comply with part I.1. The use of certain processes and treatments may be limited or prohibited in accordance with the procedure laid down in Article 8(2).- For grape juice, where sulfitation with sulphur dioxide of the grapes has been used, desulfitation by physical means is authorised, provided that the total quantity of SO2 present in the final product does not exceed 10 mg/l.- Pectolytic enzymes.- Proteolytic enzymes.- Amylolytic enzymes.- Edible gelatine.- Tannins.- Bentonite.- Silicon aerogel.- Charcoal.- Chemically inert filtration adjuvant and precipitation agents (e.g. perlite, washed diatomite, cellulose, insoluble polyamide, polyvinylpolypyrolidon, polystyrene), which comply with the Community Directives on materials and articles intended to come into contact with foodstuffs.- Chemically inert adsorption adjuvants which comply with the Directives on materials and articles intended to come into contact with foodstuffs, and which are used to reduce the limonoid and naringin content of citrus juice without significantly affecting the limonoid glucosides, acid, sugars (including oligosaccharides) or mineral content.(1) OJ L 237, 10.9.1994, p. 3. Directive as amended by Directive 96/83/EC (OJ L 48, 19.2.997, p. 16).ANNEX IIDEFINITIONS OF RAW MATERIALSFor the purposes of this Directive, the following definitions shall apply:1. FruitAll fruits. For the purposes of this Directive, tomatoes are not regarded as fruit.2. Fruit puréeThe fermentable but unfermented product obtained by sieving the edible part of whole or peeled fruit without removing the juice.3. Concentrated fruit puréeThe product obtained from fruit purée by the physical removal of a specific proportion of its water content.4. SugarsFor the production of:(a) fruit nectars:- sugars as defined by Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption(1),- fructose syrup,- sugars derived from fruits;(b) fruit juice from concentrate:- sugars as defined by Directive 2001/111/EC,- fructose syrup;(c) fruit juices: the sugars listed in (b) containing less than 2 % water.5. Honey:The product defined by Council Directive 2001/110/EC of 20 December 2001 relating to honey(2).6. Pulp or cellsThe products obtained from the edible parts of fruit of the same kind without removing the juice. Furthermore, for citrus fruit, pulp or cells are the juice sacs obtained from the endocarp.(1) See page 53 of this Official Journal.(2) See page 47 of this Official Journal.ANNEX IIIPARTICULAR DESIGNATIONS FOR CERTAIN PRODUCTS LISTED IN ANNEX I(a) "vruchtendrank", for fruit nectars;(b) "Süßmost"The designation "Süßmost" may be used only in conjunction with the product names "Fruchtsaft" or "Fruchtnektar";- for fruit nectar obtained exclusively from fruit juices, concentrated fruit juices or a mixture of these products, unpalatable in the natural state because of their high natural acidity,- for fruit juice obtained from pears, with the addition of apples where appropriate, but with no added sugar;(c) "succo e polpa" or "sumo e polpa", for fruit nectars obtained exclusively from fruit puree and/or concentrated fruit puree;(d) "æblemost", for apple juice with no added sugar;(e) - "sur ... saft", together with the name (in Danish) of the fruit used, for juices with no added sugar obtained from blackcurrants, cherries, redcurrants, whitecurrants, raspberries, strawberries or elderberries,- "sød ... saft" or "sødet ... saft" together with the name (in Danish) of the fruit used, for juices obtained from this fruit, with more than 200 g of added sugar per litre;(f) "äpplemust", for apple juice with no added sugar;(g) "mosto", synonym of grape juice.ANNEX IVSPECIAL PROVISIONS RELATING TO FRUIT NECTARS>TABLE>


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31999L0004

Directive 1999/4/EC of the European Parliament and of the Council of 22 February 1999 relating to coffee extracts and chicory extracts

Official Journal L 066 , 13/03/1999 P. 0026 - 0029

DIRECTIVE 1999/4/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 February 1999 relating to coffee extracts and chicory extractsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 8 December 1998,Whereas certain vertical Directives relating to foods should be simplified in order to take account only of the essential requirements to be met by the products they cover in order that those products may move freely within the internal market, in accordance with the conclusions of the European Council held in Edinburgh on 11 and 12 December 1992, confirmed by those of the European Council in Brussels on 10 and 11 December 1993;Whereas Council Directive 77/436/EEC of 27 June 1977 on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts (4) was justified by the fact that differences between national laws on coffee extracts and chicory extracts could result in conditions of unfair competition likely to mislead consumers, and thereby have a direct effect on the establishment and functioning of the common market;Whereas the aforesaid Directive was consequently designed to define coffee extracts and chicory extracts, to determine which substances may be added during their manufacture, to lay down common rules concerning the packaging and labelling of such extracts and to specify the conditions under which particular designations may be used for some of these products, in order to ensure their free movement within the Community;Whereas Directive 77/436/EEC should be brought into line with general Community legislation on foodstuffs, particularly legislation on labelling and methods of analysis;Whereas the Commission is planning to propose, as soon as possible and at all events before 1 July 2000, the inclusion in Directive 80/232/EEC (5) of a range of nominal weights for the products defined by this Directive;Whereas the general food-labelling rules set out in Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (6) should apply subject to certain conditions;Whereas, pursuant to the principle of proportionality, this Directive does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 3b of the Treaty;Whereas, when this Directive is adapted in the future to general Community provisions on foodstuffs, the Commission will be assisted by the Standing Committee on Foodstuffs, set up by Decision 69/414/EEC (7);Whereas, to avoid creating new barriers to free movement, Member States should refrain from adopting, for the products in question, national provisions not provided for by this Directive,HAVE ADOPTED THIS DIRECTIVE:Article 1 This Directive concerns coffee extracts and chicory extracts as defined in the Annex.This Directive does not apply to 'café torrefacto soluble`.Article 2 Directive 79/112/EEC shall apply to the products defined in the Annex subject to the following conditions:(a) the product names listed in the Annex shall apply only to the products referred to therein and must be used in trade to designate them. Those names shall be supplemented by the words:- 'paste` or 'in paste form` or- 'liquid` or 'in liquid form`as appropriate.However, product names may be supplemented by the term 'concentrated`:- in the case of the product defined in point 1(c) of the Annex, provided that the coffee-based dry matter content is more than 25 % by weight,- in the case of the product defined in point 2(c) of the Annex, provided that the chicory-based dry matter content is more than 45 % by weight;(b) the labelling must include the term 'decaffeinated` in the case of the products defined in point 1 of the Annex, provided that the anhydrous caffeine content does not exceed 0,3 % by weight of the coffee-based dry matter. This information must be within the same field of vision as the sales description;(c) in the case of the products defined in points 1(c) and 2(c) of the Annex, the label must include the terms 'with . . .`, 'preserved with . . .`, 'with added . . .` or 'roasted with . . .` followed by the name(s) of the types of sugar(s) used.This information must be within the same field of vision as the sales description;(d) the labelling must indicate, in the case of the products defined in points 1(b) and (c) of the Annex, the minimum coffee-based dry matter content and, in the case of the products defined in points 2(b) and (c) of the Annex, the minimum chicory-based dry matter content. These contents shall be expressed as a percentage by weight of the finished product.Article 3 For the products defined in the Annex, Member States shall not adopt national provisions not provided for by this Directive.Article 4 The decision to bring this Directive into line with the general Community provisions applicable to foodstuffs shall be made in accordance with the procedure laid down in Article 5.Article 5 1. The Commission shall be assisted by the Standing Committee on Foodstuffs, hereinafter referred to as 'the Committee`, composed of representatives of the Member States and chaired by a 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 148(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.The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of three months from the date on which the matter was referred to it, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 6 Directive 77/436/EEC is hereby repealed with effect from 13 September 2000.References to the repealed Directive shall be construed as references to this Directive.Article 7 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 13 September 2000. They shall immediately inform the Commission thereof.The laws, regulations and administrative provisions shall be applied so as to:- authorise the marketing of the products defined in the Annex if they conform to the definitions and rules laid down in this Directive, with effect from 13 September 2000,- prohibit the marketing of products which fail to conform to this Directive, with effect from 13 September 2001. However, the marketing of products failing to comply with this Directive but labelled before 13 September 2001 in accordance with Directive 77/436/EEC shall be permitted until stocks are exhausted.When Member States adopt these measures, the latter shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.Article 8 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 9 This Directive is addressed to the Member States.Done at Brussels, 22 February 1999.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentK.-H. FUNKE(1) OJ C 231, 9. 8. 1996, p. 24.(2) OJ C 56, 24. 2. 1997, p. 20.(3) Opinion of the European Parliament of 23 October 1997 (OJ C 339, 10. 11. 1997, p. 129), Council Common Position of 30 April 1998 (OJ C 204, 30. 6. 1998, p. 25) and Decision of the European Parliament of 16 September 1998 (OJ C 313, 12. 10. 1998, p. 90). Council Decision of 25 January 1999. Decision of the European Parliament of 11 February 1999.(4) OJ L 172, 12. 7. 1977, p. 20. Directive as last amended by the 1985 Act of Accession.(5) OJ L 51, 25. 2. 1980, p. 1. Directive as last amended by Directive 87/356/EEC (OJ L 192, 11. 7. 1987, p. 48).(6) OJ L 33, 8. 2. 1979, p. 1. Directive as last amended by Directive 97/4/EC of the European Parliament and of the Council (OJ L 43, 14. 2. 1997, p. 21).(7) OJ L 291, 19. 11. 1969, p. 9.ANNEX PRODUCT DESCRIPTIONS, DEFINITIONS AND CHARACTERISTICS 1. 'Coffee extract`, 'soluble coffee extract`, 'soluble coffee` or 'instant coffee` This means the concentrated product obtained by extraction from roasted coffee beans using only water as the medium of extraction and excluding any process of hydrolysis involving the addition of an acid or a base. Apart from those insoluble substances which it is technically impossible to remove, and insoluble oils derived from coffee, coffee extract must contain only the soluble and aromatic constituents of coffee. Member States shall ensure that the methods used to determine the free and total carbohydrate content of soluble coffees are in conformity with paragraphs 1 and 2 of the Annex to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (1) and that they are validated or standardised, either already or as soon as possible.The coffee-based dry matter content must be:(a) not less than 95 % by weight in the case of dried coffee extract;(b) from 70 % to 85 % by weight in the case of coffee extract paste;(c) from 15 % to 55 % by weight in the case of liquid coffee extract.Coffee extract in solid or paste form must contain no substances other than those derived from the extraction of coffee. Liquid coffee extract may contain edible sugars, whether or not roasted, in a proportion not exceeding 12 % by weight.2. 'Chicory extract`, 'soluble chicory` or 'instant chicory` This means the concentrated product obtained by extraction from roasted chicory using only water as the medium of extraction and excluding any process of hydrolysis involving the addition of an acid or a base.'Chicory` means the roots of Cichorium Intybus L., not used for the production of witloof chicory, usually used for the preparation of beverages, suitably cleaned to be dried and roasted.The chicory-based dry matter content must be:(a) not less than 95 % by weight in the case of dried chicory extract;(b) from 70 % to 85 % by weight in the case of chicory extract paste;(c) from 25 % to 55 % by weight in the case of liquid chicory extract.Chicory extract in solid or paste form may contain not more than 1 % by weight of substances not derived from chicory.Liquid chicory extract may contain edible sugars, whether roasted or not, to a proportion not exceeding 35 % by weight.(1) OJ L 372, 31. 12. 1985, p. 50.