Avis juridique important

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32000L0026

Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive)

Official Journal L 181 , 20/07/2000 P. 0065 - 0074

Directive 2000/26/EC of the European Parliament and of the Councilof 16 May 2000on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC(Fourth motor insurance Directive)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 47(2) and 95 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 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 7 April 2000,Whereas:(1) At present, differences exist between provisions laid down by law, regulation or administrative action in the Member States relating to insurance against civil liability in respect of the use of motor vehicles and those differences constitute an obstacle to the free movement of persons and of insurance services.(2) It is therefore necessary to approximate those provisions in order to promote the sound functioning of the single market.(3) By Directive 72/166/EEC(4), the Council adopted provisions on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability.(4) By Directive 88/357/EEC(5), the Council adopted provisions on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services.(5) The green card bureau system ensures the ready settlement of claims in the injured party's own country even where the other party comes from a different European country.(6) The green card bureau system does not solve all problems of an injured party having to claim in another country against a party resident there and an insurance undertaking authorised there (foreign legal system, foreign language, unfamiliar settlement procedures and often unreasonably delayed settlement).(7) By its Resolution of 26 October 1995 on the settlement of claims arising from traffic accidents occurring outside the claimant's country of origin(6), the European Parliament, acting under the second paragraph of Article 192 of the Treaty, called on the Commission to submit a proposal for a European Parliament and Council Directive to solve these problems.(8) It is in fact appropriate to supplement the arrangements established by Directives 72/166/EEC, 84/5/EEC(7) and 90/232/EEC(8) in order to guarantee injured parties suffering loss or injury as a result of a motor vehicle accident comparable treatment irrespective of where in the Community accidents occur; for accidents falling within the scope of this Directive occurring in a State other than that of the injured party's residence, there are gaps with regard to the settlement of injured parties' claims.(9) The application of this Directive to accidents occurring in third countries covered by the green card system, affecting injured parties resident in the Community and involving vehicles insured and normally based in a Member State does not imply an extension of the compulsory territorial coverage of motor insurance as provided for in Article 3(2) of Directive 72/166/EEC.(10) This entails giving the injured party a direct right of action against the insurance undertaking of the responsible party.(11) One satisfactory solution might be for injured parties suffering loss or injury as a result of a motor vehicle accident falling within the scope of this Directive and occurring in a State other than that of their residence to be entitled to claim in their Member State of residence against a claims representative appointed there by the insurance undertaking of the responsible party.(12) This solution would enable damage suffered by injured parties outside their Member State of residence to be dealt with by procedures familiar to them.(13) This system of having claims representatives in the injured party's Member State of residence affects neither the substantive law to be applied in each individual case nor the matter of jurisdiction.(14) The existence of a direct right of action against the insurance undertaking for the party who has suffered loss or injury is a logical supplement to the appointment of such representatives and moreover improves the legal position of injured parties of motor vehicle accidents occurring outside that party's Member State of residence.(15) In order to fill the gaps in question, it should be provided that the Member State where the insurance undertaking is authorised should require the undertaking to appoint claims representatives resident or established in the other Member States to collect all necessary information in relation to claims resulting from such accidents and to take appropriate action to settle the claims on behalf and for the account of the insurance undertaking, including the payment of compensation therefor; claims representatives should have sufficient powers to represent the insurance undertaking in relation to persons suffering damage from such accidents, and also to represent the insurance undertaking before national authorities including, where necessary, before the courts, in so far as this is compatible with the rules of private international law on the conferral of jurisdiction.(16) The activities of the claims representative are not sufficient in order to confer jurisdiction on the courts in the injured party's Member State of residence if the rules of private international law on the conferral of jurisdiction do not so provide.(17) The appointment of representatives responsible for settling claims should be one of the conditions for access to and carrying on the activity of insurance listed in class 10 of point A of the Annex to Directive 73/239/EEC(9), except for carriers' liability; that condition should therefore be covered by the single official authorisation issued by the authorities of the Member State where the insurance undertaking establishes its head office, as specified in Title II of Directive 92/49/EEC(10); that condition should also apply to insurance undertakings having their head office outside the Community which have secured an authorisation granting them access to the activity of insurance in a Member State of the Community; Directive 73/239/EEC should be amended and supplemented accordingly.(18) In addition to ensuring that the insurance undertaking has a representative in the State where the injured party resides, it is appropriate to guarantee the specific right of the injured party to have the claim settled promptly; it is therefore necessary to include in national law appropriate effective and systematic financial or equivalent administrative penalties - such as injunctions combined with administrative fines, reporting to supervisory authorities on a regular basis, on-the-spot checks, publications in the national official journal and in the press, suspension of the activities of the company (prohibition on the conclusion of new contracts for a certain period), designation of a special representative of the supervisory authorities responsible for monitoring that the business is run in line with insurance laws, withdrawal of the authorisation for this business line, sanctions to be imposed on directors and management staff - in the event that the insurance undertaking or its representative fails to fulfil its obligation to make an offer of compensation within a reasonable time-limit; this should not prejudice the application of any other measure - especially under supervisory law - which may be considered appropriate; however, it is a condition that liability and the damage and injury sustained should not be in dispute, so that the insurance undertaking is able to make a reasoned offer within the prescribed time-limit; the reasoned offer of compensation should be in writing and contain the grounds on the basis of which liability and damages have been assessed.(19) In addition to those sanctions, it is appropriate to provide that interest should be payable on the amount of compensation offered by the insurance undertaking or awarded by the court to the injured party when the offer has not been made within the said prescribed time-limit; if Member States have existing national rules which cover the requirement for late-payment interest this provision could be implemented by a reference to those rules.(20) Injured parties suffering loss or injury as a result of motor vehicle accidents sometimes have difficulty in establishing the name of the insurance undertaking providing insurance against civil liability in respect of the use of motor vehicles involved in an accident.(21) In the interest of such injured parties, Member States should set up information centres to ensure that such information is made available promptly; those information centres should also make available to injured parties information concerning claims representatives; it is necessary that such centres should cooperate with each other and respond rapidly to requests for information about claims representatives made by centres in other Member States; it seems appropriate that such centres should collect information about the actual termination date of the insurance cover but not about the expiry of the original validity of the policy if the duration of the contract is extended owing to non-cancellation.(22) Specific provision should be made with respect to vehicles (for example, government or military vehicles) which fall under the exemptions from the obligation to be insured against civil liability.(23) The injured party may have a legitimate interest in being informed about the identity of the owner or usual driver or the registered keeper of the vehicle, for example if he can obtain compensation only from these persons because the vehicle is not duly insured or the damage exceeds the sum insured, this information should also be provided accordingly.(24) Certain information provided, such as the name and address of the owner or usual driver of the vehicle and the number of the insurance policy or the registration number of the vehicle, constitutes personal data within the meaning of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(11); the processing of such data which is required for the purposes of this Directive must therefore comply with the national measures taken pursuant to Directive 95/46/EC; the name and address of the usual driver should be communicated only if national legislation provides for such communication.(25) It is necessary to make provision for a compensation body to which the injured party may apply where the insurance undertaking has failed to appoint a representative or is manifestly dilatory in settling a claim or where the insurance undertaking cannot be identified to guarantee that the injured party will not remain without the compensation to which he is entitled; the intervention of the compensation body should be limited to rare individual cases where the insurance undertaking has failed to comply with its duties in spite of the dissuasive effect of the potential imposition of penalties.(26) The role played by the compensation body is that of settling the claim in respect of any loss or injury suffered by the injured party only in cases which are capable of objective determination and therefore the compensation body must limit its activity to verifying that an offer of compensation has been made in accordance with the time-limits and procedures laid down, without any assessment of the merits.(27) Legal persons who are subrogated by law to the injured party in his claims against the person responsible for the accident or the latter's insurance undertaking (such as, for example, other insurance undertakings or social security bodies) should not be entitled to present the corresponding claim to the compensation body.(28) The compensation body should have a right of subrogation in so far as it has compensated the injured party; in order to facilitate enforcing the compensation body's claim against the insurance undertaking where it has failed to appoint a claims representative or is manifestly dilatory in settling a claim, the body providing compensation in the injured party's State should enjoy an automatic right of reimbursement with subrogation to the rights of the injured party on the part of the corresponding body in the State where the insurance undertaking is established; the latter body is the best placed to institute proceedings for recourse against the insurance undertaking.(29) Even though Member States may provide that the claim against the compensation body may be subsidiary, the injured person should not be obliged to present his claim to the person responsible for the accident before presenting it to the compensation body; in this case the injured party should be in at least the same position as in the case of a claim against the guarantee fund under Article 1(4) of Directive 84/5/EEC.(30) This system can be made to function by means of an agreement between the compensation bodies established or approved by the Member States defining their functions and obligations and the procedures for reimbursement.(31) Where it is impossible to identify the insurer of the vehicle, provision should be made so that the ultimate debtor in respect of the damages to be paid to the injured party is the guarantee fund provided for in Article 1(4) of Directive 84/5/EEC situated in the Member State where the non-insured vehicle, the use of which has caused the accident, is normally based; where it is impossible to identify the vehicle, provision must be made so that the ultimate debtor is the guarantee fund provided for in Article 1(4) of Directive 84/5/EEC situated in the Member State in which the accident occurred,HAVE ADOPTED THIS DIRECTIVE:Article 1Scope1. The objective of this Directive is to lay down special provisions applicable to injured parties entitled to compensation in respect of any loss or injury resulting from accidents occurring in a Member State other than the Member State of residence of the injured party which are caused by the use of vehicles insured and normally based in a Member State.Without prejudice to the legislation of third countries on civil liability and private international law, this Directive shall also apply to injured parties resident in a Member State and entitled to compensation in respect of any loss or injury resulting from accidents occurring in third countries whose national insurer's bureaux as defined in Article 1(3) of Directive 72/166/EEC have joined the Green Card system whenever such accidents are caused by the use of vehicles insured and normally based in a Member State.2. Articles 4 and 6 shall apply only in the case of accidents caused by the use of a vehicle(a) insured through an establishment in a Member State other than the State of residence of the injured party, and(b) normally based in a Member State other than the State of residence of the injured party.3. Article 7 shall also apply to accidents caused by third-country vehicles covered by Articles 6 and 7 of Directive 72/166/EEC.Article 2DefinitionsFor the purpose of this Directive:(a) "insurance undertaking" means an undertaking which has received its official authorisation in accordance with Article 6 or Article 23(2) of Directive 73/239/EEC;(b) "establishment" means the head office, agency or branch of an insurance undertaking as defined in Article 2(c) of Directive 88/357/EEC;(c) "vehicle" means a vehicle as defined in Article 1(1) of Directive 72/166/EEC;(d) "injured party" means an injured party as defined in Article 1(2) of Directive 72/166/EEC;(e) "the Member State in which the vehicle is normally based" means the territory in which the vehicle is normally based as defined in Article 1(4) of Directive 72/166/EEC.Article 3Direct right of actionEach Member State shall ensure that injured parties referred to in Article 1 in accidents within the meaning of that provision enjoy a direct right of action against the insurance undertaking covering the responsible person against civil liability.Article 4Claims representatives1. Each Member State shall take all measures necessary to ensure that all insurance undertakings covering the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier's liability, appoint a claims representative in each Member State other than that in which they have received their official authorisation. The claims representative shall be responsible for handling and settling claims arising from an accident in the cases referred to in Article 1. The claims representative shall be resident or established in the Member State where he is appointed.2. The choice of its claims representative shall be at the discretion of the insurance undertaking. The Member States may not restrict this choice.3. The claims representative may work for one or more insurance undertakings.4. The claims representative shall, in relation to such claims, collect all information necessary in connection with the settlement of the claims and shall take the measures necessary to negotiate a settlement of claims. The requirement of appointing a claims representative shall not preclude the right of the injured party or his insurance undertaking to institute proceedings directly against the person who caused the accident or his insurance undertaking.5. Claims representatives shall possess sufficient powers to represent the insurance undertaking in relation to injured parties in the cases referred to in Article 1 and to meet their claims in full. They must be capable of examining cases in the official language(s) of the Member State of residence of the injured party.6. The Member States shall create a duty, backed by appropriate, effective and systematic financial or equivalent administrative penalties, to the effect that, within three months of the date when the injured party presented his claim for compensation either directly to the insurance undertaking of the person who caused the accident or to its claims representative,(a) the insurance undertaking of the person who caused the accident or his claims representative is required to make a reasoned offer of compensation in cases where liability is not contested and the damages have been quantified, or(b) the insurance undertaking to whom the claim for compensation has been addressed or his claims representative is required to provide a reasoned reply to the points made in the claim in cases where liability is denied or has not been clearly determined or the damages have not been fully quantified.Member States shall adopt provisions to ensure that where the offer is not made within the three-month time-limit, interest shall be payable on the amount of compensation offered by the insurance undertaking or awarded by the court to the injured party.7. The Commission shall report to the European Parliament and Council on the implementation of paragraph 4, first subparagraph, and on the effectiveness of that provision as well as on the equivalence of national penalty provisions before 20 January 2006 and shall submit proposals if necessary.8. The appointment of a claims representative shall not in itself constitute the opening of a branch within the meaning of Article 1(b) of Directive 92/49/EEC and the claims representative shall not be considered an establishment within the meaning of Article 2(c) of Directive 88/357/EEC or an establishment within the meaning of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters(12).Article 5Information centres1. For the purposes of allowing the injured party to seek compensation, each Member State shall establish or approve an information centre responsible:(a) for keeping a register containing the following information:1. the registration numbers of motor vehicles normally based in the territory of the State in question;2. (i) the numbers of the insurance policies covering the use of those vehicles for the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier's liability, and where the period of validity of the policy has expired, also the date of termination of the insurance cover;(ii) the number of the green card or frontier insurance policy if the vehicle is covered by one of those documents in case the vehicle benefits from the derogation provided for in Article 4(b) of Directive 72/166/EEC;3. insurance undertakings covering the use of vehicles for the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier's liability, and claims representatives appointed by such insurance undertakings in accordance with Article 4 whose names shall be notified to the information centre in accordance with paragraph 2 of this Article;4. the list of vehicles which, in each Member State, benefit from the derogation from the requirement for civil liability insurance cover in accordance with Article 4(a) and (b) of Directive 72/166/EEC;5. regarding the vehicles provided for in point (4):(i) the name of the authority or the body designated in accordance with the second subparagraph of Article 4(a) of Directive 72/166/EEC as responsible for compensating injured parties in the cases where the procedure provided for in the first indent of Article 2(2) of Directive 72/166/EEC is not applicable, if the vehicle benefits from the derogation provided for in Article 4(a) of Directive 72/166/EEC;(ii) the name of the body covering the vehicle in the Member State where it is normally based if the vehicle benefits from the derogation provided for in Article 4(b) of Directive 72/166/EEC;(b) or for coordinating the compilation and dissemination of that information;(c) and for assisting entitled persons to be apprised of the information mentioned in points (a)(1), (2), (3), (4) and (5).The information under points (a)(1), (2) and (3) must be preserved for a period of seven years after the termination of the registration of the vehicle or the termination of the insurance contract.2. Insurance undertakings referred to in paragraph 1(a)(3) shall notify to the information centres of all Member States the name and address of the claims representative which they have appointed in accordance with Article 4 in each of the Member States.3. The Member States shall ensure that the injured party is entitled for a period of seven years after the accident to obtain without delay from the information centre of the Member State where he resides, the Member State where the vehicle is normally based or the Member State where the accident occurred the following information:(a) the name and address of the insurance undertaking;(b) the number of the insurance policy; and(c) the name and address of the insurance undertaking's claims representative in the State of residence of the injured party.Information centres shall cooperate with each other.4. The information centre shall provide the injured party with the name and address of the owner or usual driver or the registered keeper of the vehicle if the injured party has a legitimate interest in obtaining this information. For the purposes of this provision, the information centre shall address itself in particular:(a) to the insurance undertaking, or(b) to the vehicle registration agency.If the vehicle benefits from the derogation provided for in Article 4(a) of Directive 72/166/EEC, the information centre shall inform the injured party of the name of the authority or body designated in accordance with the second subparagraph of Article 4(a) of that Directive as responsible for compensating injured parties in cases where the procedure provided for in the first indent of Article 2(2) of that Directive is not applicable.If the vehicle benefits from the derogation provided for in Article 4(b) of Directive 72/166/EEC, the information centre shall inform the injured party of the name of the body covering the vehicle in the country where it is normally based.5. The processing of personal data resulting from the previous paragraphs must be carried out in accordance with national measures taken pursuant to Directive 95/46/EC.Article 6Compensation bodies1. Each Member State shall establish or approve a compensation body responsible for providing compensation to injured parties in the cases referred to in Article 1.Such injured parties may present a claim to the compensation body in their Member State of residence:(a) if, within three months of the date when the injured party presented his claim for compensation to the insurance undertaking of the vehicle the use of which caused the accident or to its claims representative, the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in the claim; or(b) if the insurance undertaking has failed to appoint a claims representative in the State of residence of the injured party in accordance with Article 4(1). In this case, injured parties may not present a claim to the compensation body if they have presented a claim for compensation directly to the insurance undertaking of the vehicle the use of which caused the accident and if they have received a reasoned reply within three months of presenting the claim.Injured parties may not however present a claim to the compensation body if they have taken legal action directly against the insurance undertaking.The compensation body shall take action within two months of the date when the injured party presents a claim for compensation to it but shall terminate its action if the insurance undertaking, or its claims representative, subsequently makes a reasoned reply to the claim.The compensation body shall immediately inform:(a) the insurance undertaking of the vehicle the use of which caused the accident or the claims representative;(b) the compensation body in the Member State of the insurance undertaking's establishment which issued the policy;(c) if known, the person who caused the accident,that it has received a claim from the injured party and that it will respond to that claim within two months of the presentation of that claim.This provision shall be without prejudice to the right of the Member States to regard compensation by that body as subsidiary or non-subsidiary and the right to make provision for the settlement of claims between that body and the person or persons who caused the accident and other insurance undertakings or social security bodies required to compensate the injured party in respect of the same accident. However, Member States may not allow the body to make the payment of compensation subject to any conditions other than those laid down in this Directive, in particular the injured party's establishing in any way that the person liable is unable or refuses to pay.2. The compensation body which has compensated the injured party in his Member State of residence shall be entitled to claim reimbursement of the sum paid by way of compensation from the compensation body in the Member State of the insurance undertaking's establishment which issued the policy.The latter body shall then be subrogated to the injured party in his rights against the person who caused the accident or his insurance undertaking in so far as the compensation body in the Member State of residence of the injured party has provided compensation for the loss or injury suffered. Each Member State is obliged to acknowledge this subrogation as provided for by any other Member State.3. This Article shall take effect:(a) after an agreement has been concluded between the compensation bodies established or approved by the Member States relating to their functions and obligations and the procedures for reimbursement;(b) from the date fixed by the Commission upon its having ascertained in close cooperation with the Member States that such an agreement has been concluded.The Commission shall report to the European Parliament and the Council on the implementation of this Article and on its effectiveness before 20 July 2005 and shall submit proposals if necessary.Article 7If it is impossible to identify the vehicle or if, within two months following the accident, it is impossible to identify the insurance undertaking, the injured party may apply for compensation from the compensation body in the Member State where he resides. The compensation shall be provided in accordance with the provisions of Article 1 of Directive 84/5/EEC. The compensation body shall then have a claim, on the conditions laid down in Article 6(2) of this Directive:(a) where the insurance undertaking cannot be identified: against the guarantee fund provided for in Article 1(4) of Directive 84/5/EEC in the Member State where the vehicle is normally based;(b) in the case of an unidentified vehicle: against the guarantee fund in the Member State in which the accident took place;(c) in the case of third-country vehicles: against the guarantee fund of the Member State in which the accident took place.Article 8Directive 73/239/EEC shall be amended as follows:(a) In Article 8(1) the following point shall be added:"(f) communicate the name and address of the claims representative appointed in each Member State other than the Member State in which the authorisation is sought if the risks to be covered are classified in class 10 of point A of the Annex, other than carrier's liability."(b) In Article 23(2) the following point shall be added:"(h) communicate the name and address of the claims representative appointed in each Member State other than the Member State in which the authorisation is sought if the risks to be covered are classified in class 10 of point A of the Annex, other than carrier's liability."Article 9Directive 88/357/EEC shall be amended as follows:In Article 12a(4) the following subparagraph shall be added:"If the insurance undertaking has failed to appoint a representative, Member States may give their approval to the claims representative appointed in accordance with Article 4 of Directive 2000/26/EC(13) assuming the function of the representative appointed according to this paragraph."Article 10Implementation1. Member States shall adopt and publish before 20 July 2002 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply these provisions before 20 January 2003.2. When these measures are adopted by the Member States, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.3. Without prejudice to paragraph 1, the Member States shall establish or approve the compensation body in accordance with Article 6(1) before 20 January 2002. If the compensation bodies have not concluded an agreement in accordance with Article 6(3) before 20 July 2002, the Commission shall propose measures designed to ensure that the provisions of Articles 6 and 7 take effect before 20 January 2003.4. Member States may, in accordance with the Treaty, maintain or bring into force provisions which are more favourable to the injured party than the provisions necessary to comply with this Directive.5. 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 11Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 12PenaltiesThe Member States shall fix penalties for breaches of the national provisions which they adopt in implementation of this Directive and take the steps necessary to secure their application. The penalties shall be effective, proportional and dissuasive. The Member States shall notify these provisions to the Commission not later than 20 July 2002 and any subsequent amendments thereof as soon as possible.Article 13AddresseesThis Directive is addressed to the Member States.Done at Brussels, 16 May 2000.For the European ParliamentThe PresidentNicole FontaineFor the CouncilThe PresidentManuel Carrilho(1) OJ C 343, 13.11.1997, p. 11 and OJ C 171, 18.6.1999, p. 4.(2) OJ C 157, 25.5.1998, p. 6.(3) Opinion of the European Parliament of 16 July 1998 (OJ C 292, 21.9.1998, p. 123), confirmed on 27 October 1999, Council Common Position of 21 May 1999 (OJ C 232, 13.8.1999, p. 8) and Decision of the European Parliament of 15 December 1999 (not yet published in the Official Journal). Decision of the Council of 2 May 2000 (not yet published in the Official Journal) and Decision of the European Parliament of 16 May 2000.(4) OJ L 103, 2.5.1972, p. 1. Directive as last amended by Directive 84/5/EEC (OJ L 8, 11.1.1984, p. 17).(5) OJ L 172, 4.7.1988, p. 1. Directive as last amended by Directive 92/49/EEC (OJ L 228, 11.8.1992, p. 1).(6) OJ C 308, 20.11.1995, p. 108.(7) Second Council Directive (84/5/EEC) of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ L 8, 11.1.1984, p. 17). Directive as last amended by Directive 90/232/EEC (OJ L 129, 19.5.1990, p. 33).(8) Third Council Directive (90/232/EEC) of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ L 129, 19.5.1990, p. 33).(9) First Council Directive (73/239/EEC) of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ L 228, 16.8.1973, p. 3). Directive as last amended by Directive 95/26/EC (OJ L 168, 18.7.1995, p. 7).(10) Council Directive (92/49/EEC) of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) (OJ L 228, 11.8.1992, p. 1). Directive as amended by Directive 95/26/EC (OJ L 168, 18.7.1995, p. 7).(11) OJ L 281, 23.11.1995, p. 31.(12) OJ C 27, 26.1.1998, p. 1 (consolidated version).(13) Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (OJ L 181, 20.7.2000, p. 65).


title: Commission Directive 2008/76/EC of 25 July 2008 amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (Text with EEA relevance)

text:
               26.7.2008

               EN

               Official Journal of the European Union

               L 198/37

      COMMISSION DIRECTIVE 2008/76/EC
   of 25 July 2008
   amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (1), and in particular Article 8(1) thereof,
   Whereas:

               (1)

               Directive 2002/32/EC provides that the use of products intended for animal feed which contain levels of undesirable substances exceeding the maximum levels laid down in Annex I to that Directive is prohibited.

               (2)

               Recent developments in technical knowledge on formulating fish feed with the increasing use of marine crustaceans such as marine krill as feed material in fish feed make a review of the maximum level for fluorine in fish feed appropriate. It results from the opinion of the European Food Safety Authority (EFSA) of 22 September 2004 (2) that an increase of the maximum allowable level of fluorine in fish feed would not result in unacceptable risks for animal and public health. As regards Lolium temulentum and Lolium remotum, EFSA recommends to delete the separate entries for those two plant species in its opinion of 25 January 2007 (3) and to apply the general maximum content for weed seeds and unground and uncrushed fruits containing alkaloids, glucosides and other toxic substances, as set out in row 14 of Annex I to Directive 2002/32/EC.

               (3)

               As regards DDT, the name DDD should be included in the row concerning that substance in Annex I to Directive 2002/32/EC, since that name is more commonly used for the metabolite dichlorodiphenyl-dichloroethane than TDE (4).

               (4)

               As regards apricots (Prunus armeniaca L.) and bitter almond (Prunus dulcis var. amara or Prunus amygdalus Batsch var: amara), it may be concluded from the EFSA opinion of 23 November 2006 (5) that the requirement for absence of quantifiable amounts of apricots and bitter almond is not necessary for the protection of animal and public health and that it is sufficient to apply the general maximum levels for hydrocyanic acid, as set out in row 8 of Annex I to Directive 2002/32/EC. It is therefore appropriate to delete the specific requirements for apricot and bitter almond.

               (5)

               Camelina (Camelina sativa) is included in the Annex to Directive 2002/32/EC and the seeds and fruits of these plant species as well as their processed derivatives may only be present in feedingstuffs in trace amounts not quantitatively determinable.

               (6)

               There is a renewed interest in Camelina sativa as oilseed crop because of an increasing demand for alternative low-input oilseed crops with the potential for use of the by-products of the oilseed production in animal feed. From the EFSA opinion of 27 November 2007 (6) it can be concluded that the requirement for absence of quantifiable amounts of Camelina sativa and their derivatives is not necessary for the protection of animal and public health provided that the amount of total glucosinolates in the diet does not endanger animal and public health. The protection of animal and public health against the toxic effects of glucosinolates is ensured by the provision for volatile mustard oil in complete feed, for which the maximum level is expressed as allyl isothiocyanates, as the toxicity of the glucosinolates is according to the EFSA opinion generally attributed to the (iso)thiocyanates. It is therefore appropriate to delete the requirement for absence of quantifiable amounts of Camelina sativa from Annex I to Directive 2002/32/EC.

               (7)

               Directive 2002/32/EC should therefore be amended accordingly.

               (8)

               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 1
   Annex I to Directive 2002/32/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 2009 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. When Member States adopt 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.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 25 July 2008.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2006/77/EC (OJ L 271, 30.9.2006, p. 53).

      (2)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to fluorine as undesirable substances in animal feed, adopted on 22 September 2004, http://www.efsa.europa.eu/EFSA/Scientific_Opinion/opinion_contam08_ej100_fluorine_en1,0.pdf

      (3)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the European Commission related to pyrrolizidine alkaloids as undesirable substances in animal feed, adopted on 25 January 2007, http://www.efsa.europa.eu/EFSA/Scientific_Opinion/contam_ej447_op_pyrrolizidine%20alkaloids%20in%20feed_en.pdf

      (4)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to DDT as undesirable substances in animal feed, adopted on 22 November 2006, http://www.efsa.europa.eu/EFSA/Scientific_Opinion/CONTAM_ej433_DDT_en,2.pdf

      (5)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to cyanogenic compounds as undesirable substances in animal feed, adopted on 23 November 2006, http://www.efsa.europa.eu/EFSA/Scientific_Opinion/CONTAM_ej434_op_cyanogenic_compounds_in_feed_en,1.pdf

      (6)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to glucosinolates as undesirable substances in animal feed, adopted on 27 November 2007, http://www.efsa.europa.eu/EFSA/Scientific_Opinion/contam_op_ej590_glucosinolates_en.pdf

      ANNEX
      Annex I to Directive 2002/32/EC is amended as follows:

                  1.

                  Row 3, Fluorine, is replaced by the following:

                              Undesirable substances

                              Products intended for animal feed

                              Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                              (1)

                              (2)

                              (3)

                                          ‘3.

                                          Fluorine (1)

                              Feed materials with the exception of

                              150

                                          —

                                          feedingstuffs of animal origin with the exception of marine crustaceans such as marine krill

                              500

                                          —

                                          marine crustaceans such as marine krill

                              3 000

                                          —

                                          phosphates

                              2 000

                                          —

                                          calcium carbonate

                              350

                                          —

                                          magnesium oxide

                              600

                                          —

                                          calcareous marine algae

                              1 000

                              Vermiculite (E 561)

                              3 000 (2)

                              Complementary feedingstuffs

                                          —

                                          containing ≤ 4 % phosphorus

                              500

                                          —

                                          containing > 4 % phosphorus

                              125 per 1 % phosphorus

                              Complete feedingstuffs with the exception of

                              150

                                          —

                                          complete feedingstuffs for cattle sheep and goats

                                          —

                                          in lactation

                              30

                                          —

                                          other

                              50

                                          —

                                          complete feedingstuffs for pigs

                              100

                                          —

                                          complete feedingstuffs for poultry

                              350

                                          —

                                          complete feedingstuffs for chicks

                              250

                                          —

                                          complete feedingstuffs for fish

                              350

                  2.

                  Row 14, Weed seeds and unground and uncrushed fruits containing alkaloids, glucosides or other toxic substances, is replaced by the following:

                              Undesirable substances

                              Products intended for animal feed

                              Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                              (1)

                              (2)

                              (3)

                                          ‘14.

                                          Weed seeds and unground and uncrushed fruits containing alkaloids, glucosides or other toxic substances separately or in combination including

                              All feedingstuffs

                              3 000

                                 Datura stramonium L.

                              1 000’

                  3.

                  Row 21, DDT, is replaced by the following:

                              Undesirable substances

                              Products intended for animal feed

                              Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                              (1)

                              (2)

                              (3)

                              ‘DDT (sum of DDT-, DDD- (or TDE-) and DDE-isomers, expressed as DDT)

                              All feedingstuffs with the exception of

                              0,05

                                          —

                                          fats and oils

                              0,5’

                  4.

                  Row 28, Apricots — Prunus armeniaca L., row 29, Bitter almond — Prunus dulcis (Mill.) D.A. Webb var. amara (DC.) Focke (=Prunus amygdalus Batsch var. amara (DC.) Focke), and row 31, Camelina — Camelina sativa (L.) Crantz, are deleted.

         (1)  Maximum levels refer to an analytical determination of fluorine, whereby extraction is performed with hydrochloric acid 1 N for 20 minutes at ambient temperature. Equivalent extraction procedures can be applied for which it can be demonstrated that the used extraction procedure has an equal extraction efficiency.

         (2)  The levels shall be reviewed by 31 December 2008 with the aim of reducing the maximum levels.’


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31983L0574

Council Directive 83/574/EEC of 26 October 1983 amending for the third time Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products

Official Journal L 332 , 28/11/1983 P. 0038 - 0042 Spanish special edition: Chapter 15 Volume 4 P. 0176  Portuguese special edition Chapter 15 Volume 4 P. 0176  Finnish special edition: Chapter 13 Volume 13 P. 0173  Swedish special edition: Chapter 13 Volume 13 P. 0173

COUNCIL DIRECTIVE of 26 October 1983 amending for the third time Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (83/574/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 Article 11 of Directive 76/768/EEC (4), as last amended by Directive 83/496/EEC (5), provides that the Commission shall, on the basis of the results of the latest scientific and technical research, submit to the Council appropriate proposals establishing lists of permitted substances;  Whereas, on the basis of the latest scientific and technical research, a list of substances authorized as ultra-violet filters can be established;  Whereas the amendments necessary to adapt Annex VII to technical progress must also be adopted in accordance with the procedure of the Committee established by Directive 76/768/EEC;  Whereas the indication of the expiry date for cosmetic products whose period of stability is less than three years, provided for in Article 6 (1) (c) of Directive 76/768/EEC, is not justified in the case of cosmetic products which may still be used after that period ; whereas indication of the date of minimum durability is therefore more appropriate,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 76/768/EEC is hereby amended as follows:    1. Annex VII, in the form of the Annex hereto, is added. It lists the ultra-violet filters which may be included in cosmetic products under the conditions laid down therein.       2. The following items shall be added to Article 4: " (g) UV filters other than those listed in Part 1 of Annex VII;   (h) UV filters listed in Part 1 of Annex VII, beyond the limits and outside the conditions laid down therein. "      3. The following paragraphs shall be added to Article 5:  "Until 31 December 1988, Member States shall permit the marketing of cosmetic products containing the UV filters listed in Part 2 of Annex VII, within the limits and under the conditions laid down therein.  On 1 January 1989, these UV filters shall be:      - definitively permitted (Part 1 of Annex VII),           - definitively prohibited (Annex II),           - retained in part 2 of Annex VII for a specified period, or           - deleted from all Annexes."                  4. Paragraph 1 (c) of Article 6 shall be replaced by:  "(c) the date of minimum durability. The date of minimum durability of a cosmetic product shall be the date until which this product, stored under appropriate conditions, (1) OJ No C 32, 9.2.1982, p. 2. (2) OJ No C 307, 14.11.1983, p. 105. (3) OJ No C 310, 30.11.1981, p. 5. (4) OJ No L 262, 27.9.1976, p. 169. (5) OJ No L 275, 8.10.1983, p. 20.   continues to fulfil its initial function and in particular remains in conformity with Article 2.  It shall be indicated by the words "Best used before the end of ..." followed by:      - either the date itself           - or an indication of where it appears in the labelling.             If necessary, this information shall be supplemented by an indication of the conditions which must be satisfied to guarantee the stated durability.  The date shall be clearly expressed and comprise the month and the year, in that order. Indication of the date of durability shall not be mandatory for cosmetic products the minimum durability of which exceeds 30 months;"  5.(a) In Article 6 (1) (d), "Annexes III, IV and VI" is replaced by "Annexes III, IV, VI and VII";   (b) In the first subparagraph of Article 8 (2), "Annexes II to VI" is replaced by "Annexes II to VII";   (c) In the second subparagraph of Article 8 (2), "Annexes III to VI" is replaced by "Annexes III to VII".          Article 2 1. Member States shall take all measures necessary to ensure that, with effect from 1 January 1987, neither manufacturers nor importers established in the Community place on the market products which do not meet the requirements of this Directive.  2. Member States shall adopt all measures necessary to ensure that the products referred to in paragraph 1 are not sold or disposed of to the final consumer after 31 December 1988.   Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1984 at the latest. They shall forthwith inform the Commission thereof.  2. Member States shall ensure that they communicate to the Commission the text of such provisions of national law as they adopt in the field governed by this Directive.   Article 4 This Directive is addressed to the Member States.     Done at Luxembourg, 26 October 1983.  For the Council  The President  G. MORAITIS     ANNEX  "ANNEX VII List of UV filters which cosmetic products may contain  For the purposes of this Directive, UV filters are substances which, contained in cosmetic sunscreen products, are specifically intended to filter certain UV rays in order to protect the skin from certain harmful effects of these rays.  These UV filters may be added to other cosmetic products within the limits and under the conditions laid down in this Annex.  Other UV filters used in cosmetic products solely for the purpose of protecting the product against UV rays are not included in this list.  PART 1 List of permitted UV filters which cosmetic products may contain >PIC FILE= "T0025444">    PART 2 List of UV filters which cosmetic products may provisionally contain >PIC FILE= "T0025445">    >PIC FILE= "T0025446">


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31997L0003

Council Directive 97/3/EC of 20 January 1997 amending Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Official Journal L 027 , 30/01/1997 P. 0030 - 0034

COUNCIL DIRECTIVE 97/3/EC of 20 January 1997 amending Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the CommunityTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 43 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 by Directive 77/93/EEC (4), the Council laid down protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community; whereas the protection of plants against such organisms is absolutely necessary to increase agricultural productivity which is one of the objectives of the common agricultural policy;Whereas the completion of the internal market entailed the application of the Community plant-health regime established by Directive 77/93/EEC to the Community, as an area without internal frontiers;Whereas several measures have been adopted to strengthen effective application of the Community plant-health regime in the internal market, which is intended to protect the different areas of the Community (Member States, regional or local entities as well as individual plant growers) against damage caused by the introduction of harmful organisms;Whereas, in addition, it is necessary to establish a system of Community financial contributions to share at Community level the burden of possible risks which might remain in trade under the Community plant-health regime;Whereas, in order to prevent infections by harmful organisms introduced from third countries, there should be a Community financial contribution aimed at reinforcing the plant health inspection infrastructure at the Community's external frontiers;Whereas the regime should also provide for adequate contributions to certain expenses for specific measures, which Member States have adopted to control and, where applicable, eradicate infections by harmful organisms introduced from third countries or from other areas in the Community, and, where possible, to repair the damage caused;Whereas the details of the mechanism for granting the Community financial contribution should be determined under a rapid procedure;Whereas it must be ensured that the Commission is informed in full of the possible causes for the introduction of the harmful organisms concerned;Whereas, in particular, the Commission shall monitor correct application of the Community plant-health regime;Whereas, should it be established that the introduction of the harmful organisms has been caused by inadequate examinations or inspections, Community law shall apply in respect of the consequences, taking into account certain specific measures,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 77/93/EEC is hereby amended as follows:1. The following paragraph shall be inserted after paragraph 6 of Article 12:'6a. There shall be a Community financial contribution for Member States in order to strengthen inspection infrastructures insofar as they relate to plant-health checks carried out in accordance with the fourth subparagraph of paragraph 6.The purpose of this contribution shall be to improve the provision, at inspection posts other than those at the place of destination, of the equipment and facilities required to carry out inspection and examination and, where necessary, to carry out the measures provided for in paragraph 8, beyond the level already achieved by complying with the minimum conditions stipulated in the implementing provisions pursuant to paragraph 6, fourth subparagraph.The Commission shall propose the entry of suitable appropriations for that purpose in the general budget of the European Communities.Within the limits set by the appropriations available for these purposes, the Community contribution shall cover up to 50 % of expenditure relating directly to improving equipment and facilities.The details shall be laid down in an implementing Regulation, in accordance with the procedure laid down in Article 16a.The allocation and the amount of the Community financial contribution shall be decided in accordance with the same procedure in the light of the information and documents submitted by the Member State concerned and, where appropriate, the results of investigations carried out on the Commission's authority by the experts referred to in Article 19a, and depending on the appropriations available for the purposes concerned.`;2. The following Articles shall be inserted:'Article 19bIn the event of the actual or suspected appearance of a harmful organism as a result of its introduction or spread within the Community, Member States may receive a "plant-health control" financial contribution from the Community pursuant to Articles 19c and 19d to cover expenditure relating directly to the necessary measures which have been taken or are planned for the purpose of combating that harmful organism in order to eradicate or, if that is not possible, contain it. The Commission shall propose the entry of suitable appropriations for that purpose in the general budget of the European Communities.Article 19c1. The Member State concerned may receive, at its request, the Community financial contribution referred to in Article 19b, where it is established that the harmful organism concerned, whether or not listed in Annexes I and II:- has been notified under Article 15 (1) or (2) (a), and- constitutes an imminent danger for all or part of the Community due to its appearance in an area where the organism had either not been known to occur previously or had been or was being eradicated, and- was introduced into that area through consignments of plants, plant products or other objects from a third country or another area of the Community.2. The following shall be regarded as necessary measures within the meaning of Article 19b:- destruction, disinfection, disinfestation, sterilization, cleaning or any other treatment carried out officially or upon official request in respect of:- plants, plant products or other objects constituting the consignment(s) through which the harmful organism was introduced into the area in question and which are recognized as being contaminated or liable to be contaminated,- plants, plant products and other objects, recognized as being contaminated or liable to be contaminated by the harmful organism introduced, which have been grown from plants in the consignment(s) concerned or have been in close proximity to the plants, plant products or other objects of those consignments or to plants grown from them,- growing substrates and land recognized as being contaminated or liable to be contaminated by the harmful organism concerned,- production material, packaging, wrapping and storage material, storage or packaging premises and means of transport which have been in contact with all or some of the plants, plant products and other objects referred to above,- inspections or testing carried out officially or upon official request to monitor the presence or extent of contamination by the harmful organism which has been introduced,- prohibitions or restrictions in respect of the use of growing substrates, cultivable areas or premises, as well as plants, plant products or other objects other than material from the consignment(s) in question or grown therefrom where they result from official decisions taken on the grounds of plant-health risks related to the harmful organism introduced.3. Payments made from public funds in order to:- cover all or part of the costs of the measures described in the first and second indents of paragraph 2, except for those related to the regular running costs of the competent official body concerned, or- to compensate for all or part of the financial losses other than loss of earnings resulting directly from one or more of the measures described in the third indent of paragraph 2,shall be considered to be expenditure directly relating to the necessary measures referred to in paragraph 2.By way of derogation from the second indent of the first subparagraph an implementing Regulation may specify, in accordance with the procedure laid down in Article 16a, cases in which compensation for loss of earnings shall be considered to be expenditure directly relating to necessary measures subject to the conditions specified in this respect in paragraph 5 as well as the time limitations applicable to those cases, with a maximum of three years.4. In order to qualify for the financial contribution from the Community and without prejudice to Article 15, the Member State concerned shall apply to the Commission, at the latest before the end of the calendar year following that in which the appearance of the harmful organism was detected, and shall forthwith inform the Commission and the other Member States of:- the reference of the notification provided for in the first indent of paragraph 1,- the nature and extent of the appearance of the harmful organism as referred to in Article 19b, and when, where and how it was detected,- the identity of the consignments referred to in the third indent of paragraph 1 through which the harmful organism was introduced,- the necessary measures which have been taken or are planned for which it is seeking assistance, together with timetables for them, and- the results obtained and the actual or estimated cost of the expenditure incurred or to be incurred, and the proportion of such expenditure covered or to be covered from public funds allocated by the Member State for implementation of those same necessary measures.Where the appearance of the harmful organism was detected prior to the date of entry into force of this Article, that date shall be deemed to be the date of detection within the meaning of paragraphs 4 and 5, provided that the actual date of detection is not earlier than 1 January 1995. However, this provision shall not apply in respect of compensation for loss of earnings referred to in paragraph 3, second subparagraph save in exceptional cases, under the conditions laid down in the implementing Regulation referred to in paragraph 3, to loss of earnings occurring thereafter.5. Without prejudice to Article 19d, the allocation and the amount of the financial contribution from the Community shall be decided in accordance with the procedure laid down in Article 16a in the light of the information and documents submitted by the Member State concerned in accordance with paragraph 4 and, where appropriate, the results of investigations carried out on the Commission's authority by the experts referred to in Article 19a pursuant to the first subparagraph of Article 15 (3), taking into account the extent of the danger referred to in the second indent of paragraph 1 above, and depending on the appropriations available for these purposes.Within the limits set by the appropriations available for these purposes, the financial contribution from the Community shall cover up to 50 % and, in case of compensation for loss of earnings referred to in paragraph 3, second subparagraph, up to 25 %, of expenditure relating directly to the necessary measures referred to in paragraph 2, provided that these measures have been taken within a period not more than two years after the date of detection of the appearance of a harmful organism as referred to in Article 19c, or are planned for that period.The abovementioned period may be extended, in accordance with the same procedure, if examination of the situation concerned leads to the conclusion that the objective of the measures will be achieved within a reasonable additional period. The financial contribution from the Community shall be degressive over the years concerned.Where the Member State is unable to supply the required information regarding the identity of the consignments in accordance with the third indent of paragraph 4, it shall indicate the presumed sources of the appearance and the reasons why the consignments could not be identified. The allocation of the financial contribution may be approved, in accordance with the same procedure, depending on the outcome of an assessment of that information.Detailed rules for the implementation of paragraph 5 shall be established in an implementing Regulation in accordance with the procedure laid down in Article 16a.6. In the light of the development of the situation in the Community, it may be decided, in accordance with the procedure laid down in Article 16a or 17, that further action will be implemented or that measures taken or planned by the Member State concerned will be made subject to certain requirements or additional conditions, if these are necessary for the achievement of the objective in question.The allocation of the financial contribution from the Community for such further action, requirements or conditions shall be decided by the same procedure. Within the limits set by the appropriations available for these purposes, the financial contribution from the Community shall cover up to 50 % of expenditure relating directly to the further action, requirements or conditions concerned.Where such further action, requirements or conditions are essentially designed to protect Community territories other than that of the Member State concerned, it may be decided, in accordance with the same procedure, that the Community financial allocation shall cover more than 50 % of the expenditure.The financial contribution from the Community shall be of a limited duration and shall be degressive over the years concerned.7. The allocation of a financial contribution from the Community shall be without prejudice to claims which the Member State concerned or individuals may have against others, including other Member States in the cases referred to in Article 19d (3), for the refunding of expenditure, compensation for losses or other damages under national law, Community law or international law. Rights in these claims will be the object of a transfer, by operation of law, to the Community with effect from the payment of the financial contribution from the Community, to the extent that such expenditure, losses or other damages are covered by that contribution.8. The financial contribution from the Community may be paid in several instalments.If it appears that the financial contribution from the Community as allocated is no longer justified, the following shall apply:The amount of the financial contribution from the Community allocated to the Member State concerned pursuant to paragraphs 5 and 6 may either be reduced or suspended, if it is established from the information supplied by that Member State, or from the results of investigations carried out on the Commission's authority by the experts referred to in Article 19a, or from the results of the suitable examination which the Commission has conducted in accordance with the procedures analogous to those in Article 24 (1) of Regulation (EEC) No 4253/88 (1) that:- failure to implement the necessary measures decided on in accordance with paragraphs 5 and 6, whether in whole or in part, or failure to comply with the rules or time limits set in accordance with those provisions or required by the objectives pursued is not justified, or- the measures are no longer necessary, or- a situation as described in Article 24 (2) of aforesaid Regulation (EEC) No 4253/88 is revealed.9. Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (2), shall apply mutatis mutandis.10. The Member State concerned shall repay the Community all or part of any amounts paid it by way of a Community financial contribution allocated under paragraphs 5 and 6 above if it is established from the sources as specified in paragraph 8, that- the necessary measures taken into account pursuant to paragraphs 5 or 6- have not been implemented, or- have not been implemented in a manner which complies with the rules or time limits set in accordance with those provisions or required by the objectives pursued,or- the amounts paid have been used for purposes other than those for which the financial contribution was allocated,or- a situation as described in Article 24 (2) of aforesaid Regulation (EEC) No 4253/88 is revealed.The rights referred to in the second sentence of paragraph 7 will be the object of a transfer by operation of law back to the Member State concerned with effect from the time of repayment, inasmuch as they are covered by that repayment.Interest on account of late payment shall be charged on sums not repaid in compliance with the provisions of the Financial Regulation and in accordance with the arrangements to be drawn up by the Commission in accordance with the procedure laid down in Article 16a.Article 19d1. In respect of the causes for the appearance of the harmful organism referred to in Article 19 (b), the following shall apply:The Commission shall verify whether the appearance of the harmful organism in the area concerned was caused by the movement into that area of one or more consignments carrying the harmful organism and shall identify the Member State or the successive Member States from which the consignment(s) came.The Member State from which the consignment(s) carrying the harmful organism came, whether or not the same Member State as that referred to above, shall forthwith inform the Commission, at the latter's request, of all details relating to the origin or origins of the consignment(s) and the administrative handling involved, including the examinations, inspections and controls provided for in this Directive, in order to determine why that Member State failed to detect that the consignment(s) did not comply with the provisions of this Directive. It shall also inform the Commission, at its request, of the destination of all the other consignments sent from the same origin or origins during a specified period.For the purpose of supplementing the information, investigations may be carried out on the Commission's authority by the experts referred to in Article 19a.2. The information acquired pursuant to these provisions or those of Article 15 (3) shall be examined in the Standing Committee on Plant Health for the purposes of identifying any failings in the Community's plant health regulations or their implementation, and any measures that could be taken to remedy those failings.The information referred to in paragraph 1 shall also be used to establish, in accordance with the Treaty, whether the Member State from which the consignment(s) came did not detect their non-compliance which resulted in the appearance of the harmful organism in the area concerned because that Member State failed to meet one of its obligations under the Treaty and under the provisions of this Directive relating in particular to the examinations laid down in Article 6 or the inspections laid down in Article 12 (1).3. Where the conclusion referred to in paragraph 2 is reached in respect of the Member State referred to in Article 19c (1), the Community financial contribution shall not be allocated to that Member State or, if already allocated, shall not be paid or, if already paid, shall be refunded to the Community. In the latter case, the last subparagraph of Article 19c (10) shall apply.Where the conclusion referred to in paragraph 2 is reached in respect of another Member State, Community law shall apply, taking into account the second sentence of Article 19c (7).(1) Council Regulation (EEC) No 4253/88 of 19 December 1988, laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ No L 374, 31. 12. 1988, p. 1). Regulation as last amended by Regulation (EC) No 3193/94 (OJ No L 337, 24. 12. 1994, p. 11).(2) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation (EC) No 1287/95 (OJ No L 125, 8. 6. 1995, p. 1).`Article 2 The Council, acting by qualified majority on a proposal from the Commission, shall adopt provisions in respect of the exceptional cases of predominant Community interest justifying a Community contribution, up to 70 %, of the expenditure relating directly to improving equipment and facilities, within the limits set by appropriations available for those purposes and provided that this would not affect decisions pursuant to Article 19 (c) (5) or (6) of Directive 77/93/EEC.Article 3 Within five years from the date of adoption of this Directive, the Commission shall examine the results of its application and submit to the Council a report, accompanied by any necessary proposals for amendments.Article 4 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the relevant provisions of this Directive before 1 April 1998. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference 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 provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 5 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 6 This Directive is addressed to the Member States.Done at Brussels, 20 January 1997.For the CouncilThe PresidentJ. VAN AARTSEN(1) OJ No C 31, 9. 2. 1990, p. 8 and OJ No C 205, 6. 8. 1991, p. 16.(2) OJ No C 106, 22. 4. 1991, p. 36 and OJ No C 255, 20. 9. 1993, p. 242.(3) OJ No C 201, 26. 7. 1993, p. 31.(4) OJ No L 26, 31. 1. 1977, p. 20. Directive as last amended by Commission Directive 96/78/EC (OJ No L 321, 12. 12. 1996, p. 20).


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31990L0120

Council Directive 90/120/EEC of 5 March 1990 amending Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species

Official Journal L 071 , 17/03/1990 P. 0037 - 0039 Finnish special edition: Chapter 3 Volume 32 P. 0086  Swedish special edition: Chapter 3 Volume 32 P. 0086

*****COUNCIL  DIRECTIVE  of 5 March 1990  amending Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species  (90/120/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 43 thereof,  Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species (1) and in particular Article 18 thereof,  Having regard to the proposal from the Commission,  Whereas under Article 21 of the said Directive, Member States are to comply with the Directive by 1 January 1990 at the latest;  Whereas it is appropriate, in order to allow an effective implementation of that Directive, to make a number of amendments to the Annex to take into account developments in the situation,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 88/407/EEC is hereby amended as follows:  1. In Annex B, Chapter II, 1:  (a) The following subparagraph shall be added to (iii):  'however, until 30 June 1990 Member States may disregard the results of the test provided that the semen has been subjected, with a negative result, to a test for the presence of white blood cells. Member States exercising this option shall take all the necessary measures to ensure that such semen or embryos resulting therefrom do not enter into intra-Community trade;'.  (b) Point (iv) shall be replaced by the following:  '(iv) for infectious bovine rhinotracheitis/infectious pustular vulvo-vaginitis, a serum neutralization test or an ELISA test with a negative result. However until 31 December 1992:  - it is not necessary to carry out these tests on bulls which have already been subjected to such tests and have given a positive result to the serological test carried out in accordance with this Directive,  - vaccination against these diseases may be practised on sero-negative bulls, either with one dose of a temperature-sensitive live vaccine administered intranasally or two doses of an inactivated vaccine separated by an interval of not less than three weeks and not more than four weeks; the vaccination must be repeated subsequently at intervals of not more than six months'.  (c) The following shall be added to (v):  'However, bulls which are not used for the production of semen may be exempt from the antibody test or a culture test for campylobacter foetus infection, with the proviso that such bulls may not be re-admitted to semen production until they have been subjected to such a test or culture and given a negative result'.  2. In Annex B, Chapter II, paragraph 3, the following subparagraph shall be added:  'However, until 31 December 1992:  - these provisions shall not apply to sero-positive bulls which, prior to their first vaccination in accordance with this Directive at the insemination centre, gave a negative reaction to the serum neutralization test or the ELISA test for infectious bovine rhinotracheitis or infectious pustular vulvo-vaginitis;  - sero-positive bulls referred to in the second subparagraph of Article 4 (1) must be isolated, since their semen may be the subject of intra-Community trade in accordance with the provisions for trade in semen from such bulls under Article 4 (1) second, third, fourth and fifth subparagraphs.'  3. In Annex C:  (a) in (b) (ii), first and second indents, the words 'before entering the centre' shall be deleted;  (b) in 3 (ii), the second-last and last lines, shall be amended to read:  '. . . and which have been sealed and numbered prior to dispatch from the approved storage facilities'.  4. In Annex D, point IV shall be replaced by the text in the Annex hereto.  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 1990 at the latest. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 5 March 1990.  For the Council  The President  J. WALSH  (1) OJ No L 194, 22. 7. 1988, p. 10.  ANNEX  'IV. I, the undersigned veterinatian, certify that:  1. the semen described above was collected, processed and stored under conditions which comply with the standards laid down in Directive 88/407/EEC;  2. the semen described above, was sent to the place of loading in a sealed container under conditions which comply with Directive 88/407/EEC and bearing the number . . .;  3. the semen described above was collected in a centre where all bulls gave a negative result to a serum neutralization test or an ELISA test for infectious bovine rhinotracheitis or infectious pustular vulvo-vaginitis carried out in accordance with Directive 88/407/EEC (1);  4. the semen described above was collected from bulls:  (i) which gave a negative result to a serum neutralization test or an ELISA test for infectious rhinotracheitis or infectious pustular vulvo-vaginitis carried out in accordance with Directive 88/407/EEC (1); or  (ii) which gave a positive result to the tests referred to at (i) but which had already given a negative reaction to these tests prior to a first vaccination in accordance with the Directive at the insemination centre (1); or  (iii) which gave a positive result to a serum neutralization test or an ELISA test for infectious bovine rhinotracheitis or infectious pustular vulvo-vaginitis and have not been vaccinated in accordance with Directive 88/407/EEC (1): and in which case the semen comes from a consignment which has been subjected, with a negative result, to an examination by inoculation or a virus isolation test (1) as referred to in the third subparagraph or Article 4 (1) of Directive 88/407/EEC in laboratory . . . (2);  5. the semen described above was collected from bulls:  (i) which have not been vaccinated against foot-and-mouth disease (1);  or,  (ii) which have been vaccinated against food-and-mouth disease in accordance with Directive 88/407/EEC (1); and in which case the semen comes/does not come (1) from a collection in which a maximum of 10 per cent of the semen collected with a view of trade (with a minimum of five straws) has been subjected, with a negative result, to a virus isolation test for foot and mouth disease in laboratory . . . (2).  Done at  (signature)  (Name in block letters)  Seal  (1) Delete as necessary.  (2) Name of the laboratory specified in accordance with the second subparagraph of Article 4 (1) of Directive 88/407/EEC.'