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31969L0169

Council Directive 69/169/EEC of 28 May 1969 on the harmonisation of provisions laid down by Law, Regulation or Administrative Action relating to exemption from turnover tax and excise duty on imports in international travel

Official Journal L 133 , 04/06/1969 P. 0006 - 0008 Finnish special edition: Chapter 9 Volume 1 P. 0010  Danish special edition: Series I Chapter 1969(I) P. 0218  Swedish special edition: Chapter 9 Volume 1 P. 0010  English special edition: Series I Chapter 1969(I) P. 0232  Greek special edition: Chapter 09 Volume 1 P. 0017  Spanish special edition: Chapter 09 Volume 1 P. 0019  Portuguese special edition Chapter 09 Volume 1 P. 0019

COUNCIL DIRECTIVE  of 28 May 1969  on the harmonisation of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel  (69/169/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 thereof; Having regard to the proposal from the Commission; Whereas, notwithstanding the achievement of the customs union, which involves the abolition of customs duties and the majority of the charges having equivalent effect in trade between Member States, it is necessary, until harmonisation of indirect taxes has reached an advanced stage, to retain the imposition of tax on importation and the remission of tax on exportation in such trade; Whereas it is desirable that, even before such harmonisation, the populations of the Member States should become more strongly conscious of the reality of the common market and that to this end measures should be adopted for the greater liberalisation of the system of taxes on imports in travel between Member States ; whereas the need for such measures has been emphasised repeatedly by members of the Assembly; Whereas reductions of this kind in respect of travel constitute a further step in the direction of the reciprocal opening of the markets of the Member States and the creation of conditions similar to those of a domestic market; Whereas such reductions must be limited to non-commercial importations of goods by travellers ; whereas, as a general rule, such goods can only be obtained in the country from which they come (country of exit) already taxed, so that if the country of entry forgoes, within the prescribed limits, charging turnover tax and excise duty on imports, this avoids double taxation without leading to an absence of taxation; Whereas a Community system of tax reductions on imports has proved necessary also in respect of travel between third countries and the Community; HAS ADOPTED THIS DIRECTIVE:       Article 1  1. Exemption from turnover tax and excise duty on imports shall apply, as regards travel between third countries and the Community, to goods in travellers' personal luggage, if such imports have no commercial character and the total value of the goods does not exceed 25 units of account per person.   2. Member States may reduce this exemption to 10 units of account for travellers under fifteen years old.   3. Where the total value per person of several items exceeds 25 units of account or the amount fixed pursuant to paragraph 2, as the case may be, exemption up to these amounts shall be granted for such of the items as would, if imported separately, have been granted exemption, it being understood that the value of an individual item cannot be split up.     Article 2  1. Exemption from turnover tax and excise duty on imports shall apply, as regards travel between Member States, to goods in travellers' personal luggage which fulfil the conditions laid down in Articles 9 and 10 of the Treaty, if such imports have no commercial character and the total value of the goods does not exceed 75 units of account per person. This exemption shall be granted also where  the travel includes transit through territory other than that of a Member State.   2. Member States may reduce this exemption to 20 units of account for travellers under fifteen years old.   3. Where the total value per person of several items exceeds 75 units of account or the amount fixed pursuant to paragraph 2, as the case may be, exemption up to these amounts shall be granted for such of the items as would, if imported separately, have been granted exemption, it being understood that the value of an individual item cannot be split up.     Article 3  For the purposes of this Directive: 1. The value of personal effects which are imported temporarily or are re-imported following their temporary export shall not be taken into consideration for determining the exemption referred to in Articles 1 and 2. 2. Importations shall be regarded as having no commercial character if they:  (a) take place occasionally, and (b) consist exclusively of goods for the personal or family use of the travellers, or of goods intended as presents ; the nature or quantity of such goods must not be such as might indicate that they are being imported for commercial reasons.     Article 4  1. Without prejudice to national provisions applicable to travellers whose residence is outside Europe, each Member State shall set the following quantitative limits for exemptions from turnover tax and excise duty of the goods listed below: (a) Tobacco products: 200 cigarettes or 100 cigarillos (cigars of a maximum weight of 3 grammes each) or 50 cigars or 250 grammes of smoking tobacco (b) alcoholic beverages:   - distilled beverages and spirits of an alcoholic strength exceeding 22º : 1 standard bottle (0.70 to 1 litre) or   - distilled beverages and spirits, and aperitifs with a wine or alcohol base of an alcoholic strength not exceeding 22º ; sparkling wines, fortified wines : to a total of 2 litres and - still wines : to a total of 2 litres   (c) Perfumes : 50 grammes and toilet waters : 1/4 litre (d) Coffee : 500 grammes or coffee extracts and essences : 200 grammes (e) Tea : 100 grammes or tea extracts and essences : 40 grammes   2. Exemption for the goods mentioned in paragraph 1 (a), (b) and (d) shall not be granted to travellers under fifteen years old.   3. Within the quantitative limits set in paragraph 1 and taking account of the restrictions in paragraph 2, the value of the goods listed in paragraph 1 shall not be taken into consideration in determining the exemption referred to in Articles 1 and 2.     Article 5  1. Member States may set lower limits as to value and/or quantity for the exemption of goods when they are imported - in frontier zone travel - by the crew of the means of transport used in international travel - by members of the armed forces of a Member State, including civilian personnel and spouses and dependent children, stationed in another Member State.   2. Member States may exclude from exemption goods falling within headings Nos 71.07 and 71.08 of the Common Customs Tariff.   3. Member States may reduce the quantities of the goods referred to in Article 4 (1) (a) and (d) for travellers coming from a third country who enter a Member State.      Article 6  Member States shall take appropriate measures to avoid remission of tax being granted for deliveries to travellers whose domicile, habitual residence or place of work is situated in a Member State and who benefit from the arrangements provided for in this Directive.     Article 7  Member States may round off the amount in national currency resulting from the conversion of the amounts in units of account stated in Articles 1 and 2.     Article 8  1. Member States shall bring into force not later than 1 January 1970 the measures necessary to comply with this Directive.   2. Each Member State shall inform the Commission of the measures which it adopts to implement this Directive. The Commission shall communicate such information to the other Member States.     Article 9  This Directive is addressed to the Member States.      Done at Brussels, 28 May 1969. For the Council The President G. THORN


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31975L0034

Council Directive 75/34/EEC of 17 December 1974 concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity

Official Journal L 014 , 20/01/1975 P. 0010 - 0013 Finnish special edition: Chapter 6 Volume 1 P. 0172  Greek special edition: Chapter 06 Volume 1 P. 0191  Swedish special edition: Chapter 6 Volume 1 P. 0172  Spanish special edition: Chapter 06 Volume 1 P. 0183  Portuguese special edition Chapter 06 Volume 1 P. 0183

COUNCIL DIRECTIVE  of 17 December 1974  concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity  (75/34/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment (1), and in particular Title II thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (2);  Having regard to the Opinion of the Economic and Social Committee (3);  Whereas pursuant to Council Directive No 73/148/EEC (4) of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services, each Member State grants the right of permanent residence to nationals of other Member States who establish themselves within its territory in order to pursue activities as self-employed persons, when the restrictions on these activities have been abolished pursuant to the Treaty;  Whereas it is normal for a person to prolong a period of permanent residence in the territory of a Member State by remaining there after having pursued an activity there ; whereas the absence of a right so to remain in such circumstances is an obstacle to the attainment of freedom of establishment ; whereas, as regards employed persons, the conditions under which such a right may be exercised have already been laid down by Regulation (EEC) No 1251/70 (5);  Whereas Article 48 (3) (d) of the Treaty recognizes the right of workers to remain in the territory of a Member State after having been employed in that State ; whereas Article 54 (2) does not expressly provide a similar right for self-employed persons ; whereas, nevertheless, the nature of establishment, together with attachments formed to the countries in which they have pursued their activities, means that such persons have a definite interest in enjoying the same right to remain as that granted to workers ; whereas in justification of this measure reference should be made to the Treaty provision enabling it to be taken;  Whereas freedom of establishment within the Community requires that nationals of Member States may pursue self-employed activities in several Member States in succession without thereby being placed at a disadvantage;  Whereas a national of a Member State residing in the territory of another Member State should be guaranteed the right to remain in that territory when he ceases to pursue an activity as a self-employed person in that State because he has reached retirement age or by reason of permanent incapacity to work ; whereas such a right should also be guaranteed to the national of a Member State who, after a period of activity in a self-employed capacity and residence in the territory of a second Member State, pursues an activity in the territory of a third Member State, while still retaining his residence in the territory of the second State;  Whereas, to determine the conditions under which the right to remain arises, account should be taken of the reasons which have led to the termination of activity in the territory of the Member State concerned and, in particular, of the difference between retirement, the normal and foreseeable end of working life, and permanent incapacity to work which leads to a premature and unforeseeable termination  (1)OJ No 2, 15.1.1962, p. 36/62. (2)OJ No C 14, 27.3.1973, p. 20. (3)OJ No C 142, 31.12.1972, p. 12. (4)OJ No L 172, 28.6.1973, p. 14. (5)OJ No L 142, 30.6.1970, p. 24.   of activity ; whereas special conditions must be laid down where the spouse is or was a national of the Member State concerned, or where termination of activity is the result of an accident at work or occupational illness;  Whereas a national of a Member State who has reached the end of his working life, after working in a self-employed capacity in the territory of another Member State, should have sufficient time in which to decide where he wishes to establish his final residence;  Whereas the exercise of the right to remain by a national of a Member State working in a self-employed capacity entails extension of such right to the members of his family ; whereas in the case of the death of a national of a Member State working in a self-employed capacity during his working life the right of residence of the members of his family must also be recognized and be the subject of special conditions;  Whereas persons to whom the right to remain applies must enjoy equality of treatment with nationals of the State concerned who have reached the end of their working lives,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall, under the conditions laid down in this Directive, abolish restrictions on the right to remain in their territory in favour of nationals of another Member State who have pursued activities as self-employed persons in their territory, and members of their families, as defined in Article 1 of Directive No 73/148/EEC.   Article 2 1. Each Member State shall recognize the right to remain permanently in its territory of:    (a) any person who, at the time of termination of his activity, has reached the age laid down by the law of that State for entitlement to an old-age pension and who has pursued his activity in that State for at least the previous twelve months and has resided there continuously for more than three years.  Where the law of that Member State does not grant the right to an old-age pension to certain categories of self-employed workers, the age requirement shall be considered as satisfied when the beneficiary reaches 65 years of age;       (b) any person who, having resided continuously in the territory of that State for more than two years, ceases to pursue his activity there as a result of permanent incapacity to work.  If such incapacity is the result of an accident at work or an occupational illness entitling him to a pension which is payable in whole or in part by an institution of that State no condition shall be imposed as to length of residence;       (c) any person who, after three years' continuous activity and residence in the territory of that State, pursues his activity in the territory of another Member State, while retaining his residence in the territory of the first State, to which he returns, as a rule, each day or at least once a week.         Periods of activity so completed in the territory of the other Member State shall, for the purposes of entitlement to the rights referred to in (a) and (b), be considered as having been completed in the territory of the State of residence.  2. The conditions as to length of residence and activity laid down in paragraph 1 (a) and the condition as to length of residence laid down in paragraph 1 (b) shall not apply if the spouse of the self-employed person is a national of the Member State concerned or has lost the nationality of that State by marriage to that person.   Article 3 1. Each Member State shall recognize the right of the members of the self-employed person's family referred to in Article 1 who are residing with him in the territory of that State to remain there permanently, if the person concerned has acquired the right to remain in the territory of that State in accordance with Article 2. This provision shall continue to apply even after the death of the person concerned.   2. If, however, the self-employed person dies during his working life and before having acquired the right to remain in the territory of the State concerned, that State shall recognize the right of the members of his family to remain there permanently on condition that:    - the person concerned, on the date of his decease, had resided continuously in its territory for at least two years ; or       - his death resulted from an accident at work or an occupational illness ; or       - the surviving spouse is a national of that State or lost such nationality by marriage to the person concerned.          Article 4 1. Continuity of residence as provided for in Articles 2 (1) and 3 (2) may be attested by any means of proof in use in the country of residence. It may not be affected by temporary absences not exceeding a total of three months per year, nor by longer absences due to compliance with the obligations of military service.  2. Periods of inactivity due to circumstances outside the control of the person concerned or of inactivity owing to illness or accident must be considered as periods of activity within the meaning of Article 2 (1).   Article 5 1. Member States shall allow the person entitled to the right to remain to exercise such right within two years from the time of becoming entitled thereto pursuant to Article 2 (1) (a) and (b) and Article 3. During this period the beneficiary must be able to leave the territory of the Member State without adversely affecting such right.  2. Member States shall not require the person concerned to comply with any particular formality in order to exercise the right to remain.   Article 6 1. Member States shall recognize the right of persons having the right to remain in their territory to a residence permit, which must:    (a) be issued and renewed free of charge or on payment of a sum not exceeding the dues and taxes payable by nationals for the issue or renewal of identity cards;       (b) by valid throughout the territory of the Member State issuing it;       (c) be valid for five years and renewable automatically.         2. Periods of non-residence not exceeding six consecutive months and longer absences due to compliance with the obligations of military service may not affect the validity of a residence permit.   Article 7 Member States shall apply to persons having the right to remain in their territory the right of equality of treatment recognized by the Council Directives on the abolition of restrictions on freedom of establishment pursuant to Title III of the General Programme which provides for such abolition.   Article 8 1. This Directive shall not affect any provisions laid down by law, regulation or administrative action of any Member State which would be more favourable to nationals of other Member States.  2. Member States shall facilitate re-admission to their territories of self-employed persons who left those territories after having resided there permanently for a long period while pursuing an activity there and who wish to return when they have reached retirement age as defined in Article 2 (1) (a) or are permanently incapacitated for work.   Article 9 Member States may not derogate from the provisions of this Directive save on grounds of public policy, public security or public health.   Article 10 1. Member States shall, within twelve months of notification of this Directive, bring into force the  measures necessary to comply with its provisions and shall forthwith inform the Commission thereof.  2. Following notification of this Directive, Member States shall further ensure that the Commission is informed, in sufficient time for it to submit its comments, of all proposed laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.   Article 11 This Directive is addressed to the Member States.     Done at Brussels, 17 December 1974.  For the Council  The President  M. DURAFOUR


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32000L0048

Commission Directive 2000/48/EC of 25 July 2000 amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals and certain products of plant origin, including fruit and vegetables respectively (Text with EEA relevance)

Official Journal L 197 , 03/08/2000 P. 0026 - 0031

Commission Directive 2000/48/ECof 25 July 2000amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals and certain products of plant origin, including fruit and vegetables respectively(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals(1), as last amended by Directive 2000/42/EC(2), and in particular Article 10 thereof,Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin including fruit and vegetables(3), as last amended by Directive 2000/42/EC, and in particular Article 7 thereof,Having regard to Council Directive 91/414/EEC of 15 July 1991 on the placing of plant protection products on the market(4), as last amended by Commission Directive 2000/10/EC(5), and in particular Article 4(1)(f) thereof,Whereas:(1) The new active substance, azoxystrobin, was included in Annex I to Directive 91/414/EEC by Commission Directive 98/47/EC(6) for use as fungicide only, without specifying particular conditions having an impact on crops which may be treated with plant protection products containing azoxystrobin.(2) Maximum levels for azoxystrobin residues in and on all commodities covered by Directives 86/362/EEC and 90/642/EEC were fixed by Commission Directive 1999/71/EC(7).(3) In fixing the said maximum levels for azoxystrobin residues, it was recognised that these levels should be kept under review and should be changed to take account of new information and data. Directive 1999/71/EC acknowledged that national provisional maximum residue levels for other cereals and fruit and vegetables should be fixed by Member States as a part of their authorisation of plant protection products containing azoxystrobin and should be notified to the Commission under the requirements of Article 4(1)(f) to Directive 91/414/EEC. To facilitate this eventuality, some of the levels set in Directive 1999/71/EC were fixed on a provisional basis, enabling Member States to grant further authorisations for new uses and to notify the Commission under the procedure described by the said Article. This Article provides that where a provisional Community maximum residue level exists and where the new authorised use would lead to higher levels, the authorising Member State shall establish a national provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC before the authorisation may be granted.(4) To ensure that the consumer is adequately protected from exposure to residues in or on products for which no authorisations have been granted, it was considered prudent, in adopting Directive 1999/71/EC, to set provisional maximum residue levels at the lower level of analytical determination for such products. The setting at Community level of such provisional maximum residue levels is without prejudice to the granting of provisional authorisations by the Member States for the use of azoxystrobin on such products in accordance with Article 4(1)(f) of Directive 91/414/EEC.(5) In order to authorise a plant protection product, Member States must apply the uniform principles provided for in Annex VI to Directive 91/414/EEC in evaluating, in particular, a dossier conforming to the requirements of Annex III to Directive 91/414/EEC, submitted by the applicant for authorisation. Annex III, Part A, Section 8 of Directive 91/414/EEC requires applicants to submit certain information including proposed maximum residue levels together with full justification and estimations of the potential and actual exposure through diet and other means. Annex VI, Part B, Section 2.4.2 and Part C, Section 2.5 of Directive 91/414/EEC provides for Member States to evaluate the information submitted concerning impact on human or animal health arising from residues and the impact on the environment and to take decisions on authorisations which ensure that residues occurring reflect the minimum quantities of the plant protection product necessary to achieve adequate control corresponding to good agricultural practice, applied in such a manner that the residues at harvest, slaughter or after storage, as appropriate, are reduced to a minimum.(6) New data has been provided for uses of azoxystrobin on rice, bananas, tomatoes and cucurbits with edible and inedible peel. This new data has been evaluated and it is considered appropriate to revise the provisional maximum residue levels fixed for these products in Directive 1999/71/EC.(7) At the inclusion in Annex I to Directive 91/414/EEC the technical and scientific evaluation of azoxystrobin was finalised on 22 April 1998 in the format of the Commission review report for azoxystrobin. In this review report the acceptable daily intake (ADI) for azoxystrobin was set at 0,1 mg/kg bw/day. The lifetime exposure of consumers of food products treated with azoxystrobin has been assessed and evaluated in accordance with the procedures and practices used within the European Community, taking account of guidelines published by the World Health Organisation(8) and it has been calculated that the maximum residue levels fixed in this Directive do not give rise to an exceedence of this ADI.(8) Acute toxic effects requiring the setting of an acute reference dose were not noted during the evaluation and discussion that preceded the inclusion of azoxystrobin in Annex I to Directive 91/414/EEC.(9) The Community's trading partners have been consulted about the levels set out in this Directive through the World Trade Organisation and their comments on these levels have been considered. The possibility of fixing import tolerance maximum residue levels for specific pesticide/crop combinations will be examined by the Commission on the basis of the submission of acceptable data.(10) The advice and recommendations of the Scientific Committee for Plants, in particular concerning the protection of consumers of food products treated with pesticides, have been taken into account.(11) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1The following shall be added to part A of Annex II to Directive 86/362/EEC:">TABLE>"Article 2The maximum residues levels in the Annex to this Directive shall replace those listed for azoxystrobin in Annex II to Directive 90/642/EEC.Article 31. This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.2. Member States shall adopt and publish the legislative, regulatory or administrative measures to comply with this Directive by 31 March 2001 at the latest. They shall forthwith inform the Commission thereof.3. They shall apply these measures as from 1 April 2001.4. 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 4This Directive is addressed to the Member States.Done at Brussels, 25 July 2000.For the CommissionDavid ByrneMember of the Commission(1) OJ L 221, 7.8.1986, p. 37.(2) OJ L 158, 30.6.2000, p. 51.(3) OJ L 350, 14.12.1990, p. 71.(4) OJ L 230, 19.8.1991, p. 1.(5) OJ L 57, 2.3.2000, p. 28.(6) OJ L 191, 7.7.1998, p. 50.(7) OJ L 194, 27.7.1999, p. 36.(8) Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).ANNEX>TABLE>