title: Directive 2012/23/EU of the European Parliament and of the Council of 12 September 2012 amending Directive 2009/138/EC (Solvency II) as regards the date for its transposition and the date of its application, and the date of repeal of certain Directives  Text with EEA relevance

text:
               14.9.2012

               EN

               Official Journal of the European Union

               L 249/1

         DIRECTIVE 2012/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 12 September 2012
   amending Directive 2009/138/EC (Solvency II) as regards the date for its transposition and the date of its application, and the date of repeal of certain Directives
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 53(1) and Article 62 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Acting in accordance with the ordinary legislative procedure (1),
   Whereas:

               (1)

               Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (2) provides a modern, risk-based system for the regulation and supervision of insurance and reinsurance undertakings of the Union. That system is essential in order to ensure a safe and solid insurance sector that can provide sustainable insurance products and support the real economy by encouraging long-term investments and additional stability.

               (2)

               Directive 2009/138/EC sets 31 October 2012 as the date for transposition and 1 November 2012 as the date of application. Furthermore, that Directive sets 1 November 2012 as the date of repeal of the existing insurance and reinsurance Directives (3) (collectively referred to as ‘Solvency I’).

               (3)

               On 19 January 2011 the Commission adopted a proposal (the ‘Omnibus II proposal’) to amend, inter alia, Directive 2009/138/EC in order to take into account the new supervisory architecture for insurance, namely the setting-up of the European Supervisory Authority (European Insurance and Occupational Pensions Authority). The Omnibus II proposal also includes provisions to postpone the date for transposition and the date of application of Directive 2009/138/EC, and the date of repeal of Solvency I.

               (4)

               Given the complexity of the Omnibus II proposal, there is a risk that it will not have entered into force before the date for transposition and the date of application of Directive 2009/138/EC. Leaving those dates unchanged would result in Directive 2009/138/EC being implemented before the entry into force of the transitional rules and relevant adaptations provided for by the Omnibus II proposal.

               (5)

               In order to avoid overly burdensome legislative obligations for Member States under Directive 2009/138/EC and later under the new architecture envisaged by the Omnibus II proposal, it is therefore appropriate to postpone the date for transposition of Directive 2009/138/EC.

               (6)

               In order to allow for supervisors and insurance and reinsurance undertakings to prepare for the application of the new supervisory architecture, it is also appropriate to provide for a later date of application of Directive 2009/138/EC.

               (7)

               For reasons of legal certainty, the date of repeal of Solvency I should be postponed accordingly.

               (8)

               Given the short period of time before the dates laid down in Directive 2009/138/EC, this Directive should enter into force without delay,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2009/138/EC is hereby amended as follows:

               1.

               Article 309(1) is amended as follows:

                           (a)

                           in the first subparagraph, the date ‘31 October 2012’ is replaced by that of ‘30 June 2013’;

                           (b)

                           after the first subparagraph, the following subparagraph is inserted:
                           ‘The laws, regulations and administrative provisions referred to in the first subparagraph shall apply from 1 January 2014.’;

               2.

               in the first paragraph of Article 310, the date ‘1 November 2012’ is replaced by that of ‘1 January 2014’;

               3.

               in the second paragraph of Article 311, the date ‘1 November 2012’ is replaced by that of ‘1 January 2014’.

         Article 2
   This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 3
   This Directive is addressed to the Member States.

      Done at Strasbourg, 12 September 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  Position of the European Parliament of 3 July 2012 (not yet published in the Official Journal) and decision of the Council of 5 September 2012.

      (2)  OJ L 335, 17.12.2009, p. 1.

      (3)  Council Directive 64/225/EEC of 25 February 1964 on the abolition of restrictions on freedom of establishment and freedom to provide services in respect of reinsurance and retrocession (OJ 56, 4.4.1964, p. 878/64); 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); Council Directive 73/240/EEC of 24 July 1973 abolishing restrictions on freedom of establishment in the business of direct insurance other than life assurance (OJ L 228, 16.8.1973, p. 20); Council Directive 76/580/EEC of 29 June 1976 amending Directive 73/239/EEC (OJ L 189, 13.7.1976, p. 13); Council Directive 78/473/EEC of 30 May 1978 on the coordination of laws, regulations and administrative provisions relating to Community co-insurance (OJ L 151, 7.6.1978, p. 25); Council Directive 84/641/EEC of 10 December 1984 amending, particularly as regards tourist assistance, the First Directive (73/239/EEC) (OJ L 339, 27.12.1984, p. 21); Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance (OJ L 185, 4.7.1987, p. 77); Second Council Directive 88/357/EEC of 22 June 1988 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 (OJ L 172, 4.7.1988, p. 1); 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 (third non-life insurance Directive) (OJ L 228, 11.8.1992, p. 1); Directive 98/78/EC of the European Parliament and of the Council of 27 October 1998 on the supplementary supervision of insurance undertakings in an insurance group (OJ L 330, 5.12.1998, p. 1); Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings (OJ L 110, 20.4.2001, p. 28); Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance (OJ L 345, 19.12.2002, p. 1), and Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance (OJ L 323, 9.12.2005, p. 1).


title: Council Directive of 19 November 1973 supplementing, following the enlargement of the Community, the Directive laying down additional provisions concerning surveys of pig production to be made by Member States

text:
    27. 11 . 73                          Official Journal of the European Communities                             No L 326/ 19
                                                    COUNCIL DIRECTIVE
                                                      of 19 November 1973
                 supplementing, following the enlargement of the Community, the Directive laying down
                 additional provisions concerning surveys of pig production to be made by Member
                                                               States
                                                          ( 73/359/EEC)
   THE COUNCIL OF THE EUROPEAN                                            ' The territorial divisions referred to in Article 5
   COMMUNITIES,                                                           (4) of the Directive of 27 March 1968 shall be
                                                                          subdivided in the Member States as follows :
  Having regard to the Treaty establishing the Euro
  pean Economic Community ;                                               Belgium :             provinces/provincies
                                                                          Denmark :
  Having regard to the Council Directive ( x ) of 27
  March 1968 concerning surveys of pig production                         Germany :             Regierungsbezirke
  to be made by Member States, and in particular                          France :              Régions de programme
   Article 9 thereof ;                                                    Ireland :
  Having regard to the proposal from the Commission ;                    Italy :               regioni
  Whereas, following the enlargement of the Com                         Luxembourg :          —
  munity, the Council Directive (2 ) of 31 July 1972                     Netherlands :         —
  laying down additional provisions concerning sur                      United Kingdom : Scotland, Northern Ireland,
  veys of pig production to be made by Member                                                  Wales, English agricultural
  States must be supplemented by an addition in respect                                         regions'.
  of the new Member States to the provision speci
  fying how the territorial divisions are to be sub                                          Article 2
  divided,
                                                                      This Directive is addressed to the Member States .
  HAS ADOPTED THIS DIRECTIVE :
                                                                     Done at Brussels, 19 November 1973 .
                                                                                For the Council
                           Article 1
                                                                                The President
 Article 5 of the Directive of 31 July 1972 is hereby
  replaced by the following :                                                                     lb FREDERIKSEN
(*) OJ No L 76, 28 . 3 . 1968 , p . 13 .
(*) OJ No L 179 , 7. 8 . 1972 , p . 5 .


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31974L0557

Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self- employed persons and of intermediaries engaging in the trade and distribution of toxic products

Official Journal L 307 , 18/11/1974 P. 0005 - 0009 Finnish special edition: Chapter 6 Volume 1 P. 0167  Greek special edition: Chapter 06 Volume 1 P. 0184  Swedish special edition: Chapter 6 Volume 1 P. 0167  Spanish special edition: Chapter 06 Volume 1 P. 0178  Portuguese special edition Chapter 06 Volume 1 P. 0178

COUNCIL DIRECTIVE  of 4 June 1974  on the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products  (74/557/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES  Having regard to the Treaty establishing the European Economic Community and in particular Article 54 (2) and (3) and Article 63 (2) and (3) thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment (1) and in particular Titles IV A and C thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services (2) and in particular Title V C thereof;  Having regard to Council Directive No 64/233/EEC (3) of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities related to wholesale trade;  Having regard to Council Directive No 64/224/EEC (4) of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of intermediaries in commerce, industry and small craft industries;  Having regard to Council Directive No 68/363/EEC (5) of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons engaged in the retail trade;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (6);  Having regard to the Opinion of the Economic and Social Committee (7);  Whereas the General Programmes provide for the abolition of all discriminatory treatment based on nationality with regard to establishment and provisions of services    - in the area of activities of wholesale trade of intermediaries in commerce, industry and small craft industries, before the end of the second year of the second stage,       - in the area of activities of retail trade, after the end of the second year of the second stage of the transitional period and before the end of the second stage;         Whereas Directives No 64/223/EEC, No 64/224/EEC and No 68/363/EEC do not apply to the field of toxic products, the latter, on account of the particular problems posed by protection of public health, are governed by the provisions laid down by law, regulation or administrative action in the Member States;  Whereas Directives No 64/223/EEC and No 68/363/EEC mentioned above also do not apply to activities in respect of wholesale trade, intermediaries and retail trade of pathogens ; whereas, however, besides pathogens classified as medicinal preparations for human or animal use in the sense of Council Directive No 65/65/EEC (8) of 26 January 1965, on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products, amended by Directive No 66/454/EEC (9) only pathogens called "biological pesticides for use in agriculture" form the subject of the activities mentioned ; whereas therefore, with regard to pathogens, the abolition of restrictions on freedom to provide services and freedom of establishment can be limited to trade and the distribution of such pesticides;  Whereas it has become evident that it is desirable and timely to take measures to regulate on a Community level the measures referred to in the two preceding recitals, taking into account the dangerous action which toxic products may have on the health of man, animals, and plants, either directly or indirectly through the environment;  Whereas the activities of intermediaries in commerce, industry and small craft industries are the subject of Directives No 64/224/EEC and No 68/363/EEC; whereas the activities of intermediaries in respect of toxic products and pathogens are excluded from the  (1)OJ No 2, 15.1.1962, p. 36/62. (2)OJ No 2, 15.1.1962, p. 32/62. (3)OJ No 56, 4.4.1964, p. 863/64. (4)OJ No 56, 4.4.1964, p. 869/64. (5)OJ No L 260, 22.10.1968, p. 1. (6)OJ No C 63, 28.5.1969, p. 21. (7)OJ No C 10, 27.1.1970, p. 23. (8)OJ No 22, 9.2.1965, p. 369/65. (9)OJ No 144, 5.8.1966, p. 2658/66.   scope of these Directives ; whereas this Directive is also designed to liberalize the activities of intermediaries ; whereas accordingly the terms "trade and distribution" in this Directive include also the activities of intermediaries in these fields;  Whereas the General Programme for the abolition of restrictions on freedom of establishment provides that restrictions on the power to exercise the right to join professional or trade organizations must be abolished where the professional activities of the person concerned involve the exercise of this power;  Whereas this position of paid employees accompanying a person providing services or acting on his behalf will be governed by the provisions laid down in pursuance of Articles 48 and 49 of the Treaty;  Whereas separate Directives, applicable to all activities of self-employed persons, concerning the movement and residence of beneficiaries, and where necessary Directives on the coordination of the safeguards required by Member States of companies or firms for the protection of members and of others, have been or will be adopted;  Whereas in some Member States trade, distribution and professional use of toxic products are governed by rules relating to the taking up of that profession, while other States will, where necessary, implement such rules ; whereas, therefore, certain special transitional measures, the purpose of which is to make it easier for nationals of other Member States to take up and pursue activities in the trade of toxic products, are the subject of a separate Directive,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Member States shall abolish, in respect of natural persons and companies or firms covered by Title I of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (hereinafter called "beneficiaries"), the restrictions referred to in Title III of these General Programmes affecting the right to take up and pursue the activities mentioned in Article 2.   Article 2 1. This Directive shall apply to activities of self-employed persons in the trade and distribution of toxic products (substances and preparations) and of biological pesticides for use in agriculture which have been excluded from the scope of Directive No 64/223/EEC under Article 2 (1) thereof, Directive No 64/224/EEC under Article 4 (1) fifth indent thereof, and Directive No 68/363/EEC Article 2 (1) thereof.  2. The products referred to in paragraph 1, because of the dangerous action which they may have on the health of man, animals and plants, are according to the laws in the Member States, subject to separate provisions, (the products concerned are set out in the Annex). Amendments to these lists by a Member State shall be communicated to the Commission which will bring them to the attention of the Member States.  3. This Directive shall not apply to the trade and distribution of medicinal products as defined by Directive No 65/65/EEC, or to the commercial activities of itinerant traders, hawkers or pedlars.   Article 3 1. Restrictions in respect of the activities set out in Article 2 shall be abolished regardless of the description applied to the persons pursuing one of those activities.  2. The customary descriptions currently used in the Member States to define persons pursuing activities of intermediaries in commerce are those of Article 3 of Council Directive No 64/224/EEC.   Article 4 1. Member States shall in particular abolish the following restrictions:    (a) those which prevent beneficiaries from establishing themselves or providing services in the host Member States under the same conditions and with the same rights as their nationals;       (b) those existing by reason of administrative practices which result in treatment being applied to beneficiaries that is discriminatory by comparison with that applied to nationals.         2. The restrictions to be abolished shall include in particular those arising out of provisions which prevent or limit establishment of beneficiaries or provision of services by the latter by the following means:    (a) in Belgium:  the obligation to hold a carte professionnelle (Article 1, Law of 19 February 1965);        (b) in France:      - the obligation to hold a carte d'identité d'étranger commerçant (Décret-loi of 12 November 1938, Décret of 2 February 1939, Law of 8 October 1940, Law of 10 April 1954, Décret No 59-852 of 9 July 1959);           - exclusion from the right to renew commercial leases (Article 38 of Décret of 30 September 1953);                  (c) in Luxembourg:  the limited period of validity of authorizations granted to foreign nationals (Article 21 of the Law of 2 June 1962).          Article 5 1. Member States shall ensure that beneficiaries have the right to join professional or trade organizations under the same conditions and with the same rights and obligations as their own nationals.  2. In the case of establishment, the right to join professional or trade organizations shall entail eligibility for election or appointment to high office in such organizations. However, such posts may be reserved for nationals where, in pursuance of any provision laid down by law or regulation, the organization concerned is connected with the exercise of official authority.  3. In the Grand Duchy of Luxembourg, membership of the Chambre de commerce and of the Chambre des métiers shall not give beneficiaries the right to take part in the election of the management organs of those Chambers.   Article 6 No Member States shall grant to any of its nationals who go to another Member State for the purpose of pursuing any activity referred to in Article 2, any aid liable to distort the conditions of establishment.   Article 7 1. Where a host Member State requires of its own nationals wishing to take up any activity referred to in Article 2 proof of good repute and proof that they have not previously been declared bankrupt, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of an extract from the "judicial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the Member State of origin or the Member State whence the foreign national comes showing that these requirements have been met.  2. Where a host Member State imposes on its own nationals wishing to take up one of the activities referred to in Article 2, certain requirements as to good repute, and proof that such requirements are satisfied cannot be obtained from the document referred to in paragraph 1, that State shall accept as sufficient evidence in respect of nationals of other Member States a certificate issued by a competent judicial or administrative authority in the country of origin or in the country whence the foreign national comes, indicating that the requirements in question have been met. Such certificate shall relate to the specific facts regarded as relevant by the host country.  3. Where the country of origin or the country whence the foreign national comes does not issue the document referred to in paragraph 1 or the certificate referred to in paragraph 2 furnishing proof of good repute or proof of no previous bankruptcy, such proof may be replaced by a declaration on oath - or, in States where there is no provision for declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority, or where appropriate a notary, in the country whence that person comes ; such authority or notary will issue a certificate attesting the authenticity of the declaration on oath or solemn declaration. The declaration in respect of no previous bankruptcy may also be made before a competent professional or trade body in the said country.  4. Documents issued in accordance with paragraphs 1 and 2 may not be produced more than three months after their date of issue.  5. Member States shall, within the time limit laid down in Article 8, designate the authorities and bodies competent to issue the documents referred to in paragraphs 1 and 2 and shall forthwith inform the other Member States and the Commission thereof.  6. Where in the host Member State proof of financial standing is required, that State shall regard certificates issued by banks in the Member State of origin or in the country whence the foreign national comes as equivalent to certificates issued in its own territory.   Article 8 Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 9 This Directive is addressed to the Member States.     Done at Luxembourg, 4 June 1974.  For the Council  The President  J. ERTL      ANNEX The following categories of products referred to in Article 2 (2) are the subject of special arrangements in the Member States (as of 4 June 1974):  - Belgium:  Toxic substances and preparations    1. listed in the arrêté du Régent of 6 February 1946 (with amendments) regulating the preservation and supply of poisonous and toxic substances (in implementation of the law of 24 February 1921);       2. classified in categories 1 and 2 of the arrêté royal of 31 May 1958 regulating the preservation, trade in and use of pesticides and phytopharmaceutical products.     - Denmark:    1.       (a) Venomous or toxic substances and harmful products referred to in the Annex to the Law No 119 of 3 May 1961 and referred to in the Decree (bekendtgørelse) No 305 of 9 October 1961 (made in execution of the latter) which establish the rules for the manufacture, receipt, storage and dispensing of these poisons and products;           (b) Venomous or toxic substances and harmful products set out in Decree (bekendtgørelse) No 304 of 9 October 1961 establishing rules on the use of these poisons and products.                 2. Products (phytopharmaceuticals, weed-killers, pesticides, plantgrowth regulators) set out in Law No 118 of 3 May 1961 and referred to in the Decrees (bekendtgørelser) made in application of that Law which provide that these products may not be marketed or used by the trade unless it is approved and classified by the Poisons Board (giftnevnet) and which also lay down detailed rules on the receipt, storage, packaging, labelling etc, of these products.       3. Products (phytopharmaceuticals, weedkillers, pesticides, plantgrowth regulators) referred to in the Decree (bekendtgørelse) of 25 September 1961 which provides that the authorization to use the products marked with an X usually conditional upon the user having taken a course in toxicology organized by the Poisons Board (giftuævnet).         - Germany: Toxic substances and preparations classified in categories 1, 2 and 3 of the laws and regulations of Länder concerning the trade in and distribution of phythosanitary toxic products and products having toxic effects on plant health, and in paragraph 34 subparagraph 5 of the Commercial Code (Gewerbeordnung), version of 15 February 1963.  - France:    1. Poisonous substances listed in Tables A (toxic products) and C (dangerous products) of Section I of Décret 56-1197 of 26 November 1956 (Code de la Santé publique, Book V, Part 2, Title III, Chapter 1, Sections I and II, Articles R 5149 to 5168).       2. Noxious products for use in industry specified in the Code du travail, Book II, Title II, Articles 67, 2, 78, 79 and 80 and in the regulations and decrees issued pursuant to the implementation of these provisions.       3. Harmful products specified in the list of dangerous, unhealthy and unsuitable premises established in pursuance of Articles 5 and 7 of the Law of 19 December 1917.       4. Antiparasitic products for use in agriculture (Law of 2 November 1943 as amended by the Law of 30 July 1963 ; arrêté of 6 September 1954 on the approval of branded antiparasitic products for use in agriculture, supplemented by the arrêté of 6 February 1962).        - Ireland:  Poisons which are for the time being listed in Regulations under the Poisons Act, 1961, and the sale of which is prohibited except by certain authorized persons.  - Italy:    1. Toxic gases (Article 58 - single text of the Laws on Public Safety approved by the royal decree No 773 of 18 June 1931 ; royal decree No 147 of 9 January 1927 ; tables of toxic gases annexed to the Ministerial decree of 6 February 1935 and subsequent amendments thereof).       2. Poisonous substances for use in industry (Article 147 - single text of the Health Laws approved by the royal decree No 1265 of 27 July 1934).       3. Medico-surgical products (bactericides, germicides, and disinfectants) (royal decree No 3112 of 6 December 1928 and implementing regulation of the Law No 1070 of 23 June 1927, approved by the royal decree No 3112 of 6 December 1928) and medical products (phytopharmaceuticals and products intended for use as food preservatives) (Article 6 of the Law No 283 of 30 April 1962, amended by Article 4 of the Law No 441 of 26 February 1963, and regulations governing the production, trade in and sale of phytopharmaceuticals and products intended for use as food preservatives, approved by the decree of the President of the Republic No 1095 of 3 August 1968).        4. Ceruse (Law No 706 of 19 July 1961).       5. Benzol (Law No 245 of 5 March 1963).       6. Cosmetic products and dyes containing poisonous substances (Article 7 of the royal decree No 1938 of 30 October 1924).        - Luxembourg:    1. Trade in and distribution of certain products (Law of 25 September 1953 - Memorial No 62 of 10 October 1953).       2. Trade in and use of phytopharmaceutical products (pesticides for use in agriculture, plant growth regulators, preservatives, herbicides, micro-organisms and viruses as antiparasitic agents...) (Law of 20 February 1968, Memorial No 9 of 12 March 1968 - Grand-Ducal regulation of 29 May 1970, Memorial No 33 of 15 June 1970).        - Netherlands:  Toxic substances and preparations, Law (Bestrijdingsmiddelenwet of 1962).  - United Kingdom:    1. Poisons which for the time being are listed in the Poisons List Order and are subject to the Pharmacy and Poisons Act 1933 and to the Poisons Rules, or poisons in the Poisons Schedule which are subject to the Pharmacy and Poisons Acts (Northern Ireland) 1925 to 1967 and to the Poisons Regulations (Northern Ireland).       2. Substances covered by the Farm and Garden Chemicals Act 1967 and Regulations.       3. Substances covered by the Agriculture (Poisonous Substances) Act 1952 and Regulations.


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31988L0414

Commission Directive 88/414/EEC of 22 June 1988 adapting to technical progress Council Diective 80/720/EEC on the approximation of the laws of the Member States relating to the operating space, access to the driving position and the doors and windows of wheeled agricultural and forestry tractors

Official Journal L 200 , 26/07/1988 P. 0034 - 0036 Finnish special edition: Chapter 13 Volume 17 P. 0108  Swedish special edition: Chapter 13 Volume 17 P. 0108

*****COMMISSION  DIRECTIVE  of 22 June 1988  adapting to technical progress Council Diective 80/720/EEC on the approximation of the laws of the Member States relating to the operating space, access to the driving position and the doors and windows of wheeled agricultural and forestry tractors  (88/414/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors (1), as last amended by Directive 88/297/EEC (2) and in particular Article 11 thereof,  Whereas, in view of the experience acquired, it is now possible to make certain provisions of Council Directive 80/720/EEC (3), as amended by Directive 82/890/EEC (4) more precise and complete;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the directives aimed at the removal of technical barriers to trade in the agricultural or forestry tractor sector,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex I to Directive 80/720/EEC is hereby amended in accordance with the Annex to this Directive.  Article 2  1. From 1 October 1988 no Member State may:  - refuse, in respect of a type of tractor, to grant EEC type-approval, to issue the document referred to in Article 10 (1), final indent of Directive 74/150/EEC, or to grant national type-approval; or  - prohibit the entry into service of a type of tractor or tractors, the operating space, access to the driving position, doors and windows of which comply with the provisions of this Directive.  2. From 1 October 1989, Member States:  - shall not issue the document referred to in Article 10 (1), final indent, of Directive 74/150/EEC in respect of a type of tractor, the operating space, access to the driving position, doors and windows of which do not comply with the provisions of this Directive;  - may refuse to grant national type-approval in respect of a type of tractor, the operating space, access to the driving position, doors and windows of which do not comply with the provisions of this Directive.  Article 3  Member States shall bring into force the provisions necessary in order to comply with this Directive not later than 30 September 1988. They shall forthwith inform the Commission thereof.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 22 June 1988.  For the Commission  COCKFIELD  Vice-President  (1) OJ No L 84, 28. 3. 1974, p. 10.  (2) OJ No L 126, 20. 5. 1988, p. 52.  (3) OJ No L 194, 28. 7. 1980, p. 1.  (4) OJ No L 378, 31. 12. 1982, p. 45.  ANNEX  Annex I to Directive 80/720/EEC is amended as follows:  - In point 1.4, first line, 'with the exception of those intended solely for entry and exit' is added after 'positions of the steering column and the steering wheel'.  - In point 1.7, first line 'rigid' is added before 'point on the roof'.  The following sentence is added:  'The padding may extend downwards to 1 000 mm above the seat reference point'.  - The following new point 1.8 is added after point 1.7:  1.8. 'The radius of curvature of the surface between the rear panel of the cab and the roof of the cab may extend up to a maximum of 150 mm'.  - In point III.3 'if any' is added after 'Ventilation (windows)'.  - In point III.5, third paragraph, last line, 'or to move them' is added after 'to open them'."  - Figures 1,2 and 3 are replaced by the following figures 1, 2 and 3:  Figure 1  (Dimensions in millimetres) Figure 2  (Dimensions in millimetres)  Left-hand  cab surface  Right-hand  cab surface  Seat reference  point  Seat reference  point  Manual  controls  see point I.6.  Seat  reference  point  Figure 3  (Dimensions in millimetres)


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32004L0043

Commission Directive 2004/43/EC of 13 April 2004 amending Directive 98/53/EC and Directive 2002/26/EC as regards sampling methods and methods of analysis for the official control of the levels of aflatoxin and ochratoxin A in food for infants and young children (Text with EEA relevance)

Official Journal L 113 , 20/04/2004 P. 0014 - 0016

Commission Directive 2004/43/ECof 13 April 2004amending Directive 98/53/EC and Directive 2002/26/EC as regards sampling methods and methods of analysis for the official control of the levels of aflatoxin and ochratoxin A in food for infants and young children(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard 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 in particular Article 1 thereof,Whereas:(1) Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(2) fixes maximum limits for aflatoxin B1, aflatoxin M1 and ochratoxin A in food for infants and young children.(2) Sampling plays a crucial part in the precision of the determination of the levels of aflatoxins and ochratoxin A. Commission Directive 98/53/EC of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels of certain contaminants in foodstuffs(3) and Commission Directive 2002/26/EC of 13 March 2002 laying down the sampling methods and methods of analysis for the official control of the levels of ochratoxin A in foodstuffs(4) should be amended to include provisions related to food for infants and young children.(3) It is of major importance that analytical results are reported and interpreted in a uniform way in order to ensure a harmonised enforcement approach across the European Union. These interpretation rules are of application for the analytical result obtained on the sample for official control. In case of analysis for defence or referee purposes, the national rules apply.(4) Directives 98/53/EC and 2002/26/EC should therefore be amended accordingly.(5) 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 1Annexes I and II to Directive 98/53/EC are amended as set out in Annex I to this Directive.Article 2Annexes I and II to Directive 2002/26/EC are amended as set out in Annex II to this Directive.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 12 months after its entry into force 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.2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.Article 4This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 5This Directive is addressed to the Member States.Done at Brussels, 13 April 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 372, 31.12.1985, p. 50. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).(2) OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 455/2004 ( OJ L 74, 12.3.2004, p. 11).(3) OJ L 201, 17.7.1998, p. 93. Directive as last amended by Directive 2003/121/EC (OJ L 332, 19.12.2003, p. 38).(4) OJ L 75, 16.3.2002, p. 38.ANNEX IAnnexes I and II to Directive 98/53/EC are amended as follows:1. In Annex I to Directive 98/53/EC the following point 5.7 is inserted after point 5.6:"5.7. Foods intended for infants and young children5.7.1. Sampling procedureThe sampling procedure as mentioned for milk and derived products as well as for compound food in points 5.4, 5.5 and 5.6 applies.5.7.2. Acceptance of a lot- Acceptance if the aggregate sample conforms to the maximum limit, taking into account the measurement uncertainty and correction for recovery,- Rejection if the aggregate sample exceeds the maximum limit beyond reasonable doubt, taking into account the measurement uncertainty and correction for recovery."2. In Annex II, point 2 shall read as follows"2. Treatment of the sample as received in the laboratoryFinely grind and thoroughly mix each laboratory sample using a process that has been demonstrated to achieve complete homogenisation.In case the maximum level applies to the dry matter, the dry matter content shall be determined on a part of the homogenised sample, using a procedure that has been demonstrated to determine accurately the dry matter content."ANNEX IIAnnexes I and II to Directive 2002/26/EC are amended as follows:1. Annex I is amended as follows:(a) point 4.6 shall read as follows:"4.6. Sampling procedure for foods intended for infants and young childrenThe sampling procedure as mentioned for cereals and cereal products in point 4.5 of this Annex applies. This means that the number of incremental samples to be taken depends on the weight of the lot, with a minimum of 10 and a maximum of 100, in accordance with Table 2 at point 4.5.- The weight of the incremental sample should be about 100 grams. In case of lots in retail packing, the weight of the incremental sample depends on the weight of the retail packing.- Weight of aggregate sampling = 1 to 10 kg sufficiently mixed."(b) the following point 4.7 is inserted:"4.7. Sampling at retail stageSampling of foodstuffs at the retail stage should be done where possible in accordance with the above sampling provisions. Where this is not possible, other effective sampling procedures at retail stage can be used, provided that they ensure sufficient representativeness for the sampled lot."(c) point 5 shall read as follows:"5. Acceptance of a lot or sublot- Acceptance if the aggregate sample conforms to the maximum limit, taking into account the measurement uncertainty and correction for recovery,- Rejection if the aggregate sample exceeds the maximum limit beyond reasonable doubt, taking into account the measurement uncertainty and correction for recovery."2. Annex II is amended as follows:(a) point 2 shall read as follows"2. Treatment of the sample as received in the laboratoryFinely grind and thoroughly mix each laboratory sample using a process that has been demonstrated to achieve complete homogenisation.In case the maximum level applies to the dry matter, the dry matter content shall be determined on a part of the homogenised sample, using a procedure that has been demonstrated to determine accurately the dry matter content."(b) point 4.4 shall read as follows:"4.4. Recovery calculation and reporting of resultsThe analytical result is to be reported corrected or uncorrected for recovery. The manner of reporting and the level of recovery must be reported. The analytical result corrected for recovery shall be used for checking compliance (see Annex I, point 5)The analytical result has to be reported as x +/- U, whereby x is the analytical result and U is the expanded measurement uncertainty.U is the expanded uncertainty, using a coverage factor of 2 which gives a level of confidence of approximately 95 %."


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31979L0640

Commission Directive 79/640/EEC of 21 June 1979 amending the Annexes to Council Directive 77/576/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the provision of safety signs at places of work

Official Journal L 183 , 19/07/1979 P. 0011 - 0012 Finnish special edition: Chapter 5 Volume 2 P. 0113  Greek special edition: Chapter 05 Volume 3 P. 0165  Swedish special edition: Chapter 5 Volume 2 P. 0113  Spanish special edition: Chapter 05 Volume 2 P. 0176  Portuguese special edition Chapter 05 Volume 2 P. 0176

COMMISSION DIRECTIVE  of 21 June 1979  amending the Annexes to Council Directive 77/576/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the provision of safety signs at places of work  (79/640/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/576/EEC of 25 July 1977 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the provisions of safety signs at places of work (1), and in particular Articles 4, 5 and 6 thereof,  Whereas the provisions in the Annexes to the abovementioned Directive relating to a uniform system of safety signs at places of work need to be regularly adapted to take account of technical progress and the future development of international methods of signposting;  Whereas Annex I contains no regulations concerning the relationship between dimensions of safety signs and distance of observation and no precise definition of the colorimetric and photometric properties of the materials used for such signs ; whereas, when approving the Directive, the Council asked that these omissions be promptly rectified ; whereas the addition which has accordingly been made to Annex I is in line with the current international standards in this field;  Whereas it seems necessary to include in Annex II a new sign warning of the presence of laser beams ; whereas here also the sign on which there is unanimous international agreement can serve as a model;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee for the Adjustment to Technical Progress and to Future Development in International Methods of Directive 77/576/EEC on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States Relating to the Provision of Safety Signs at Places of Work,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Annexes to Council Directive 77/576/EEC are amended as provided in the following Articles.   Article 2 In Annex I:    1. the following paragraph shall be inserted after paragraph 5.4 of section 5, "Design of safety signs":  "5.5. Dimensions of safety signs  The dimensions of safety signs may be determined in accordance with the formula: >PIC FILE= "T0015055">   where A is the area of the sign in m2 and 1 the greatest distance in m from which the sign must be understood.  Note : This formula is applicable for distances up to about 50 m."       2. after section 5, "Design of safety signs", the following new section 6 shall be inserted:  "6. COLORIMETRIC AND PHOTOMETRIC PROPERTIES OF MATERIALS  As regards the colour and photometric properties of working substances the ISO standards and the standards of the International Lighting Commission (CIE - Commission internationale de l'éclairage) are recommended."       3. The existing section 6 "Yellow/black danger identification" shall become section 7.  (1)OJ No L 229, 7.9.1977, p. 12.           Article 3 In Annex II, No 2, "Warning signs" the following sign is added: >PIC FILE= "T0015056">    Article 4 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive by 1 January 1981 at the latest. They shall forthwith inform the Commission thereof.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 21 June 1979.  For the Commission  Henk VREDELING  Vice-President


title: Commission Directive 2006/3/EC of  9 January 2006  amending, for the purposes of their adaptation to technical progress, Annexes I and II to Directive 96/74/EC of the European Parliament and of the Council on textile names   (Text with EEA relevance)

text:
               10.1.2006

               EN

               Official Journal of the European Union

               L 5/14

      COMMISSION DIRECTIVE 2006/3/EC
   of 9 January 2006
   amending, for the purposes of their adaptation to technical progress, Annexes I and II to Directive 96/74/EC of the European Parliament and of the Council on textile names
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 96/74/EC of the European Parliament and of the Council of 16 December 1996 on textile names (1), and in particular Article 16(1) thereof,
   Whereas:

               (1)

               Directive 96/74/EC lays down rules governing the labelling or marking of products as regards their textile fibre content, in order to ensure that consumer interests are thereby protected. Textile products may be placed on the market within the Community only if they comply with the provisions of that Directive.

               (2)

               In view of recent findings by a technical working group, it is necessary, for the purposes of adapting Directive 96/74/EC to technical progress, to add the fibre elastomultiester to the list of fibres set out in the Annexes I and II to that Directive.

               (3)

               Directive 96/74/EC should therefore be amended accordingly.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 96/74/EC is amended as follows:

               1.

               in Annex I the following row 45 is added:

                           ‘45

                           elastomultiester

                           fibre formed by interaction of two or more chemically distinct linear macromolecules in two or more distinct phases (of which none exceeds 85 % by mass) which contains ester groups as dominant functional unit (at least 85 %) and which, after suitable treatment when stretched to one and half times its original length and released, recovers rapidly and substantially to its initial length’

               2.

               in Annex II the following entry 45 is added:

                           ‘45

                           Elastomultiester

                           1,50’

         Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 January 2007 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.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 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, 9 January 2006.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 32, 3.2.1997, p. 38. Directive as last amended by Commission Directive 2004/34/EC (OJ L 89, 26.3.2004, p. 35).


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32003L0012

Commission Directive 2003/12/EC of 3 February 2003 on the reclassification of breast implants in the framework of Directive 93/42/EEC concerning medical devices (Text with EEA relevance)

Official Journal L 028 , 04/02/2003 P. 0043 - 0044

Commission Directive 2003/12/ECof 3 February 2003on the reclassification of breast implants in the framework of Directive 93/42/EEC concerning medical devices(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 93/42/EEC of 14 June 1993 concerning medical devices(1), as last amended by Directive 2001/104/EC of the European Parliament and of the Council(2), and in particular Article 13(1)(b) thereof,Having regard to the request submitted by France and the United Kingdom,Whereas:(1) On the basis of the classification criteria set out to Annex IX to Directive 93/42/EEC, breast implants are in principal Class IIb medical devices.(2) France and the United Kingdom requested the classification of breast implants as Class III medical devices by way of derogation from the provisions of Annex IX to Directive 93/42/EEC.(3) In order to ensure the highest possible level of safety for breast implants, notified bodies should, under the full quality assurance system, carry out an examination of the design dossier of the product in accordance with point 4 of Annex II to Directive 93/42/EEC. Consequently, it is necessary to proceed to the reclassification of breast implants as Class III medical devices.(4) It is necessary to determine the regime applicable to breast implants placed on the market before 1 September 2003 under Article 11(3)(a) or 11(3)(b)(iii) of Directive 93/42/EEC.(5) The measures provided for in this Directive are in accordance with the opinion of the Committee on Medical Devices set up by Article 6(2) of Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices(3), as last amended by Directive 93/68/EEC(4),HAS ADOPTED THIS DIRECTIVE:Article 1By way of derogation from the rules set out in Annex IX to Directive 93/42/EEC, breast implants shall be reclassified as medical devices falling within Class III.Article 21. Breast implants placed on the market before 1 September 2003 pursuant to Article 11(3)(a) or 11(3)(b)(iii) of Directive 93/42/EEC shall be subject to a conformity reassessment procedure as Class III medical devices before 1 March 2004.2. By way of derogation from Article 11(11) of Directive 93/42/EEC, the decisions on breast implants taken by the notified bodies before 1 September 2003 under Article 11(3)(a) of Directive 93/42/EEC may not be extended.Article 31. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive, not later that 1 August 2003. They shall immediately inform the Commission thereof.When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.Member States shall apply these measures with effect from 1 September 2003.2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.Article 4This Directive is addressed to the Member States.Done at Brussels, 3 February 2003.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 169, 12.7.1993, p. 1.(2) OJ L 6, 10.1.2002, p. 50.(3) OJ L 189, 20.7.1990, p. 17.(4) OJ L 229, 30.8.1993, p. 1.