title: Commission Directive 2008/81/EC of 29 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include difenacoum as an active substance in Annex I thereto (Text with EEA relevance)

text:
               30.7.2008

               EN

               Official Journal of the European Union

               L 201/46

      COMMISSION DIRECTIVE 2008/81/EC
   of 29 July 2008
   amending Directive 98/8/EC of the European Parliament and of the Council to include difenacoum as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes difenacoum.

               (2)

               Pursuant to Regulation (EC) No 1451/2007, difenacoum has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, rodenticides, as defined in Annex V to Directive 98/8/EC.

               (3)

               Finland was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 21 March 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 29 November 2007, in an assessment report.

               (5)

               The review of difenacoum did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks.

               (6)

               It appears from the examinations made that biocidal products used as rodenticides and containing difenacoum may be expected not to present a risk to humans except for accidental incidents with children. Regarding non-target animals and the environment a risk has been identified. However, the target rodents are vermin and thus constitute a danger to public health. Moreover, it has not yet been established that adequate alternatives to difenacoum exist, which are both equally effective and less damaging to the environment. It is therefore justified to include difenacoum in Annex I for a limited period, in order to ensure that in all Member States authorisations for biocidal products used as rodenticides and containing difenacoum can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (7)

               In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing difenacoum and used as rodenticides. Such measures should be aimed at limiting the risk of primary and secondary exposure of humans and non-target animals as well as the long-term effects of the substance on the environment.

               (8)

               Because of the identified risks and its characteristics, which render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate difenacoum should be included in Annex I for five years only and should be made subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in Annex I is renewed.

               (9)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance difenacoum and also to facilitate the proper operation of the biocidal products market in general.

               (10)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (11)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 14 containing difenacoum to ensure that they comply with Directive 98/8/EC.

               (12)

               Directive 98/8/EC should therefore be amended accordingly.

               (13)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 31 March 2009 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 April 2010.
   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, 29 July 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2008/31/EC (OJ L 81, 20.3.2008, p. 57).

      (2)  OJ L 325, 11.12.2007, p. 3.

      ANNEX
      The following entry ‘No 9’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common name

                     IUPAC name
                     Identification numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3)
                     (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘9

                     Difenacoum

                     3-(3-biphenyl-4-yl-1,2,3,4-tetrahydro-1-naphthyl)-4-hydroxycoumarin
                     EC No: 259-978-4
                     CAS No: 56073-07-5

                     960 g/kg

                     1 April 2010

                     31 March 2012

                     31 March 2015

                     14

                     In view of the fact that the active substance characteristics render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate, the active substance is to be subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in this Annex is renewed.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 (1)

                                 The nominal concentration of the active substance in the products shall not exceed 75 mg/kg and only ready-for-use products shall be authorised.

                                 (2)

                                 Products shall contain an aversive agent and, where appropriate, a dye.

                                 (3)

                                 Products shall not be used as tracking powder.

                                 (4)

                                 Primary as well as secondary exposure of humans, non-target animals and the environment are minimised, by considering and applying all appropriate and available risk mitigation measures. These include, amongst others, the restriction to professional use only, setting an upper limit to the package size and laying down obligations to use tamper resistant and secured bait boxes.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm


Avis juridique important

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31963L0261

Council Directive 63/261/EEC of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment in agriculture in the territory of a Member State in respect of nationals of other countries of the Community who have been employed as paid agricultural workers in that Member State for a continuous period of two years

Official Journal 062 , 20/04/1963 P. 1323 - 1325 Finnish special edition: Chapter 6 Volume 1 P. 0003  Danish special edition: Series I Chapter 1963-1964 P. 0017  Swedish special edition: Chapter 6 Volume 1 P. 0003  English special edition: Series I Chapter 1963-1964 P. 0019  Greek special edition: Chapter 06 Volume 1 P. 0016  Spanish special edition: Chapter 06 Volume 1 P. 0016  Portuguese special edition Chapter 06 Volume 1 P. 0016

COUNCIL DIRECTIVE  of 2 April 1963  laying down detailed provisions for the attainment of freedom of establishment in agriculture in the territory of a Member State in respect of nationals of other countries of the Community who have been employed as paid agricultural workers in that Member State for a continuous period of two years  (63/261/EEC)THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (2) and (3) thereof; Having regard to the General Programme for the abolition of restrictions on freedom of establishment (1) and in particular Title IV F 2 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; Whereas the General Programme for the abolition of restrictions on freedom of establishment includes a special timetable for the attainment of such freedom in agriculture, which takes account of the particular nature of agricultural activities ; whereas the second measure provided for in that timetable is the abolition by Member States, at the end of the first stage of the transitional period, of restrictions on freedom of establishment in agriculture in respect of nationals of other Member States who have been continuously employed for two years as paid agricultural workers in their territory; Whereas, in order to ensure that this Directive is correctly applied, it is necessary to define what is meant by a paid agricultural worker having been employed in that capacity in the host country for a continuous period of two years; Whereas, when laying down the minimum period during which a person must have been actually working in the course of those two years in order for him to be able to claim the rights, provided for in this Directive, the particular nature of agricultural activities must be taken into account; Whereas, in view of the fact that the timetable in the General Programme provides for the abolition of restrictions on freedom of establishment in respect of agricultural activities to take place by stages, persons covered by this Directive should be given a document certifying the extent of the rights they enjoy in the host country; Whereas the conditions of establishment must not be distorted by aids granted by the Member State of origin ; whereas aid granted to a paid agricultural worker to assist him in the event of the transfer of his family, personal effects, furniture, livestock and farm implements should not be regarded as constituting such an aid; HAS ADOPTED THIS DIRECTIVE:Article 1Each Member State, acting in accordance with the following provisions, shall abolish all restrictions on the right of nationals of other Member States having been employed in its territory for a continuous period of two years as paid agricultural workers (hereinafter called "beneficiaries under this Directive") to take up and pursue activities as self-employed persons in agriculture. Article 2 1. For the purposes of this Directive, "paid agricultural worker" means any person employed under a  (1) OJ No 2, 15.1.1962, p. 36/62. (2) OJ No 134, 14.12.1962, p. 2867/62.  contract of service to engage in any activity falling within Article 3 who actually performs work proper to such activity.  2. For the purposes of this Directive, a paid agricultural worker shall be considered to have been employed for a continuous period of two years if he has been engaged in work as a paid agricultural worker for two consecutive periods of twelve months during each of which he has performed a minimum of eight months of actual work in that capacity. Public holidays, absences not exceeding a total of forty days in any one year caused by sickness, accident at work or occupational disease, and maternity leave, shall be treated as if they were periods of actual work.  3. The fact that, during such period of two consecutive years, a paid agricultural worker has retained a residence outside the host Member State, that his family has not followed him to that Member State, or that he has worked for more than one employer or in more than one of the activities falling within Article 3 shall not be taken into account for the purpose of applying paragraphs 1 and 2; Article 3 For the purposes of this Directive, "agricultural activities" means activities falling within Annex V to the General Programme (ex Major Group 01, Agriculture, of the International Standard Industrial Classification of all Economic Activities, compiled by the UN Statistical Office, Statistical Papers, Series M, No 4, Rev. 1, New York, 1958), and in particular: (a) general agriculture including the growing of field crops and viticulture ; growing of fruits, nuts, seeds, vegetables, flowers, both in the open and under glass; (b) raising of livestock, poultry, rabbits, fur-bearing or other animals, bees ; and the production of meat, milk, wool, skins and fur, eggs, honey; (c) agricultural, animal husbandry and horticultural services on a fee or contract basis. Felling of timber, commercial exploitation of woodlands, and planting and replanting of trees may be practised as ancillary activities on holdings taken over or set up under this Directive where such operations are compatible with a Member State's internal legislation and in particular with land utilisation plans. Article 4The restrictions to be abolished shall be those set out under Title III of the General Programme. Each Member State shall in particular ensure that beneficiaries under this Directive have the right, on the same terms and with the same legal effects as its own nationals: (a) under whatever legal form, to acquire, take on lease, take by grant or licence, occupy or exploit, any property on which it is possible to pursue the activities set out in Article 3 ; to exercise the right of pre-emption on the occasion of the sale of all or part of the property under exploitation ; to transfer their activities to another holding; (b) to obtain any general or special forms of credit, aid or subsidy provided for the taking up and pursuit of the activities set out in Article 3, including in particular measures to make it easier for a paid agricultural worker to take up activity as a farmer; (c) to be members of or hold managerial positions in co-operatives, irrespective of the duties involved, or in any other agricultural associations of a co-operative nature and to form such associations, which shall likewise be open to nationals of the host country. Article 5 1. Member States shall procure that beneficiaries under this Directive are entitled as of right to take up and pursue as self-employed persons the activities set out in Article 3 under the same conditions as their own nationals, simply upon notification and without prior authorisation.  2. Any objection raised by the competent authority on the grounds that one or more of the provisions of Articles 1, 2 and 3 is not satisfied shall, if it is to have legal effect, save in a case of fraudulent practice, be made known to the person concerned within two months of notification by that person to the competent authority of his intention, as a beneficiary under this Directive, to establish himself.  3. Member States shall grant to beneficiaries under this Directive the right to appeal against any decision whereby the competent authority raises objection to their establishment.  4. Any Member State where, as a general rule, the taking up by nationals of other Member States of the activities set out in Article 3 is still subject to their obtaining a special permit for foreign nationals shall issue to beneficiaries under this Directive, on their application and without charge, after expiry of the period provided for in paragraph 2, an individual certificate stating their special circumstances and their right, in accordance with Article 4, to the same treatment as nationals of that State.  Article 6 1. No Member State shall grant to its nationals, with the view to or on the occasion of their establishment under this Directive, any direct or indirect aid, whether financial or other, which would result in distortion of the conditions of establishment in the host country.  2. Any financial or practical aid given by the Member State of origin of a paid agricultural worker to assist him in transporting his family, personal effects, furniture, livestock, and deadstock as far as the frontier of the host country shall not be regarded as an aid distorting the conditions of establishment. Article 7 1. Member States shall, not later than one month after notification of this Directive, inform the Commission of all provisions laid down by law, regulation or administrative action and of all administrative practices which, in their territory, govern specifically the taking up in a self-employed capacity by paid agricultural workers of the activities set out in Article 3. 2. Member States shall take the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof. Article 8This Directive is addressed to the Member States. Done at Brussels, 2 April 1963. For the Council The President Eugène SCHAUS


title: Council Directive 87/167/EEC of 26 January 1987 on aid to shipbuilding

text:
   12 . 3 . 87                               Official journal of the European Communities                                    No L 69 / 55
                                                        COUNCIL DIRECTIVE
                                                           of 26 January 1987
                                                         on aid to shipbuilding
                                                             ( 87 / 167 / EEC )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 Whereas, a competitive shipbuilding industry is of vital
                                                                           interest to the Community and contributes to its economic
                                                                           and social development by providing a substantial market
                                                                           for a range of industries, including those using advanced
 Having regard to the Treaty establishing the European                     technology; whereas it contributes also to the maintenance
 Economic Community, and in particular Articles 92 ( 3 ) ( d)              of employment in a number of regions, including some
 and 113 thereof,                                                          which are already suffering a high rate of unemployment;
                                                                           whereas this is also true of ship conversion and ship
                                                                           repair;
 Having regard to the proposal from the Commission ( 1 ),
 Having regard           to   the    opinion of the     European           Whereas it is now clear that the sector is suffering from a
 Parliament ( 2 ),                                                         fundamental structural crisis, rather than a cyclical
                                                                           problem of demand, in which it would be short-sighted to
                                                                           continue to respond to the aggravation of the crisis by
 Having regard to the opinion of the Economic and Social                   multiplying the volume of operating aids which tend to
 Committee ( 3 ),                                                          increase the segregation of the internal market and
                                                                           constitute a continuing drain on the scarce budgetary
                                                                           resources of the Member States without inducing any
                                                                           lasting improvement in the competitiveness of the
Whereas Council Directive 81 / 363 / EEC of 28 April 1981                  Community's shipbuilding industry;
on aid to shipbuilding ( 4), as last amended by Directive
 85 / 2 / EEC ( 5 ), will expire on 31 December 1986 ;
                                                                           Whereas , in view in particular of the cost differences which
 Whereas, although progress had been made in the                           exist for most categories of ship in comparison to shipyards
 structural adaptation of the Community's shipbuilding                     in some third countries , the immediate abolition of aid to
 industry since the adoption of Directive 81 / 363 / EEC (the              the sector may not be possible in view of the need to
 Fifth Directive), the world crisis in shipbuilding continues              encourage restructuring in many yards ; whereas a tighter
 to deepen together with the imbalance between                             and more selective aid policy is nevertheless necessary in
 shipbuilding capacity and demand , causing prices to fall to              order to support the present trend in production towards
 a level which is often below the fixed cost of European                   more technologically advanced ships and in order to ensure
 shipyards ; whereas the price problem has been aggravated                 fair and uniform conditions for intra-Community
 by the development of very cost-competitive capacity in                   competition ; whereas such a policy constitutes the most
 third countries particularly in the production of                         appropriate approach in terms of ensuring the maintenance
 standardized vessels in series ;                                          of a sufficient level of activity in European shipyards and
                                                                           thereby the survival of an efficient and competitive
                                                                           European shipbuilding industry ;
Whereas the recovery in demand envisaged in the Fifth
 Directive has not taken place , given that the demand
outlook for shipbuilding is not encouraging and in view of
                                                                           Whereas these considerations call for a differentiated
the fact that any resumption in demand is likely to lead
immediately to an expansion of production facilities in                    approach with regard to the various types of aid at present
certain third countries ;                                                  granted by Member States; whereas a level of production
                                                                           aid which is geared towards supporting production where
                                                                           the Community's cost disadvantage is lowest and where
                                                                           there is a real possibility of restoring long-term
                                                                           competitiveness seems to offer the most appropriate
O ) OJ No C 281 , 7. 11 . 1986 , p. 4 .                                    approach in response to the abovementioned objectives of
( 2 ) OJ No C 7 , 12 . 1 . 1987 .                                          improving competitiveness and reducing intra-Community
( 3) Opinion delivered on 16 December 1986 (not yet published in           distortions in trade; whereas this level of aid should be
      the Official Journal ).                                              attained by means of a common maximum ceiling to be
( 4) OJ No L 137, 23 . 5 . 1981 , p. 39 .                                  revised periodically after consultation with the Member
( s ) OJ No L 2 , 3 . 1 . 1985 , p. 13 .                                   States and on the basis of an independent expert study
 ---pagebreak--- No L 69 / 56                            Official Journal of the European Communities                                      12 . 3 . 87
which takes due account of the expected long-term                  HAS ADOPTED THIS DIRECTIVE :
development of the shipbuilding industry so as to ensure
both the optimal activity levels justifiable on economic
grounds and the continuation of structural adjustment ;
whereas , since increased efficiency is a principal objective                                    CHAPTER I
pursued by the premises of this Directive , the yearly review
of the production aid ceiling should always aim at its                                           GENERAL
progressive reduction; whereas it is necessary, in order to
avoid discrimination , to make all forms of operating aid
subject to the common maximum ceiling , including loss
compensation and such aid as is granted indirectly through                                        Article 1
third persons; whereas , in order to permit all Member
States to compete equally and in view of the persistent            For the purpose of this Directive the following definitions
structural disparities of yards in the different Member            shall apply:
States, it may be necessary to authorize restructuring aid to
enable desirable structural changes to be carried out
provided that they do not lead to increases in capacity;
whereas , although it is proposed to treat ship conversion in      ( a) 'shipbuilding':
the same way as shipbuilding , it is not appropriate to                   means the building in the Community of the following
permit aid to the ship-repair sector in view of the                       metal-hulled sea-going vessels :
continuing overcapacity in this sector , except for closure
and research and development aid ;                                        — merchant ships for the carriage of passengers
                                                                              and / or cargo , of not less than 100 grt ,
                                                                          — fishing vessels of not less than 100 grt ,
                                                                          — dredgers or ships for other work at sea of not less
Whereas the restructuring process in Spain and Portugal is                    than 100 grt excluding drilling platforms ,
less advanced than in the other Member States and the
immediate application of the common maximum ceiling for                   — tugs of not less than 365 kW ;
production aid may cause some difficulties in these two
Member States , particular arrangements should be allowed
to enable them gradually , after a further period of               (b ) 'ship conversion ':
restructuring, to comply with the aid regime applicable to
the Community as a whole ;                                                means the conversion in the Community of
                                                                          metal-hulled sea-going vessels , as defined in ( a), of not
                                                                          less than 1 000 grt, on condition that conversion
                                                                          operations entail radical alterations to the cargo plan ,
Whereas , in order to ensure full transparency , which is                 the hull or the propulsion system or the passenger
                                                                          accommodation ;
a vital element in assuring the proper functioning of a
Community aid system both in respect of operational aids
and burden-sharing with regard to restructuring efforts , it
will be necessary to strengthen the notification rules ,            ( c) 'ship repair':
including notification of aid to shipowners for the building
                                                                          means the repair of the vessels referred to in ( a );
or conversion of ships , together with the a posteriori
reporting obligations of Member States as regards actual
aid payments and the achievement of restructuring
objectives ;                                                        ( d ) 'aid':
                                                                          means State aid within the meaning of Articles 92 and
                                                                          93 of the Treaty , including not only aid granted by the
                                                                          State itself but also that granted by regional or local
Whereas the reductions in world shipping capacities should                authorities and any aid elements contained in the
be made in such a way as to cause the least possible damage               financing measures taken by Member States in respect
and to be as fair as possible ;                                           of the shipbuilding or ship repair undertakings which
                                                                          they directly or indirectly control and which do not
                                                                          count as the provision of risk capital according to
                                                                          standard company practice in a market economy .
Whereas additional measures should be adopted in order to                 Such aid may be considered compatible with the
alleviate the social and regional consequences of the                     common market provided that it complies with the
restructuring of the shipbuilding sector ;                                criteria for derogation contained in this Directive ;
Whereas Community measures should also be adopted in                (e) 'contract value before aid':
order to improve demand for new ships from Community                      means the price laid down in the contract plus any aid
 shipyards,                                                               granted directly to the shipyard .
 ---pagebreak--- 12 . 3 . 87                               Official Journal of the European Communities                                No L 69 / 57
                           Article 2                                 However, the Commission shall pay particular regard to
                                                                     ensure that the aid for the building of small specialized
No aid granted pursuant to this Directive may be                     vessels, a market segment normally served by small yards,
conditional upon discriminatory practices as to products             in particular small ships costing less than 6 million ECU ,
originating in other Member States .                                 and for which the competition is mainly inter-European, is
                                                                     kept at the lowest possible level, nevertheless allowing for
                                                                     the particular situation in Greece .
                           Article 3
                      Aid to shipowners                              3 . The ceiling shall be reviewed every 12 months , or
                                                                      sooner if warranted by exceptional circumstances , with the
 1 . All forms of aid to shipowners or to third parties which         aim of progressively reducing the ceiling. In its review of
are available as aid for the building or conversion of ships         the ceiling, the Commission shall also ensure that there are
shall be subject to the notification rules in Article 10 .           no undue concentrations of shipbuilding activities in
                                                                     specific market segments to an extent contrary to
                                                                     Community interests .
These aids shall include credit facilities , guarantees and tax
concessions granted to shipowners or third parties for the
purposes referred to in the first subparagraph .
                                                                     4 . The ceiling shall apply not only to all forms of
                                                                     production aid — whether under sectoral , general or
2 . The grant equivalent of these aids shall be subject in           regional aid schemes — granted directly to the yards but
full to the rules set forth in Article 4 and the monitoring          also to the aid covered by Article 3 ( 2).
procedures laid down in Article 11 , where these aids are
actually used for the building or conversion of ships in
Community shipyards .                                                5.  The combined effect of aid under the various aid
                                                                     schemes applied must in no case exceed the ceiling fixed
3 . Aid granted by a Member State to its shipowners or to            according to paragraph 2 ; the granting of aid in individual
third parties in that State for the building or conversion of        cases shall not necessitate prior notification to , or
ships may not lead to distortions of competition between             authorization from , the Commission .
national shipyards and shipyards in other Member States in
the placing of orders .
                                              i
                                                                     However, where there is competition between yards in
                                                                     different Member States for a particular contract, the
4 . These provisions shall be entirely without prejudice to          Commission shall require prior notification of the relevant
any future Community rules on aid to shipowners.                     aid proposals at the request of any Member State . In such
                                                                     cases , the Commission shall adopt a position within
                                                                     30 days of notification ; such proposals may not be
                                                                     implemented before the Commission has given its
                                                                     authorization . By its decision in such cases the Commission
                         CHAPTER II
                                                                     shall ensure that the planned aid does not affect trading
                                                                     conditions to an extent contrary to the common interest.
                       OPERATING AID
                           Article 4                                 6 . Aid in the form of credit facilities for the building or
                                                                     conversion of vessels complying with the OECD Council
               Contract-related production aid                       resolution of 3 August 1981 ( Understanding on Export
                                                                     Credits for Ships) or with any agreement replacing the
                                                                     Resolution shall not be counted within the ceiling. Such aid
 1 . Production aid in favour of shipbuilding and ship
                                                                     may be considered compatible with the common market
conversion may be considered compatible with the
                                                                     provided that it complies with the abovementioned
common market provided that the total amount of aid
                                                                     Resolution or any agreements which replace it .
granted in support of any individual contract does not
exceed , in grant equivalent , a common maximum ceiling
expressed as a percentage of the contract value before aid,
hereinafter referred to as the ceiling .                             7 . Aid related to shipbuilding and ship conversion granted
                                                                     as development assistance to a developing country shall not
                                                                     be subject to the ceiling. It may be deemed compatible with
2 . The ceiling shall be fixed by the Commission with                the common market if it complies with the terms laid down
reference to the prevailing difference between the cost              for that purpose by OECD Working Party No 6 in its
structures of the most competitive Community yards and               agreement concerning the interpretation of Articles 6 to 8
the prices charged by their main international competitors           of the Understanding referred to in paragraph 6 of this
with particular regard to the market segments in which the           Article or with any later addendum or corrigendum to the
Community yards remain relatively most competitive .                 said Agreement.
 ---pagebreak--- No L 69 / 58                               Official Journal of the European Communities                                        12 . 3 . 87
Prior notification of any such individual aid proposal must           no shipbuilding facilities or to investments in a Member
be given to the Commission . The Commission shall verify              State's only existing yard , provided that the effect of the
the particular development content of the proposed aid and            yard in question on the Community market is minimal .
satisfy itself that it falls within the scope of the agreement
referred to in the preceding subparagraph .
                                                                      3 . In accordance with paragraph 1 , investment aid may be
                                                                      deemed compatible with the common market provided
                                                                      that :
                             Article 5
                                                                      — the amount and intensity of such aid are justified by the
                       Other operating aid                                 extent of the restructuring involved ,
 1 . Aids to facilitate the continued operation of                    — it is limited to supporting expenditure directly related to
                                                                           the investment .
shipbuilding and ship conversion companies , including loss
compensation , rescue aid and all other type of operating
aid not directly supporting particular restructuring
measures covered in Chapter III , may de deemed                       4 . In examining the aid referred to in paragraphs 1 and 3 ,
compatible with the common market provided that such                  the Commission shall take account of the extent of the
aid together with production aid allocated directly to                contribution of the investment programme concerned to
individual shipbuilding and ship conversion contracts in              such Community objectives for the sector as innovation ,
accordance with Article 4 (4 ) does not exceed the ceiling            specialization , working conditions , health , safety and
expressed as a percentage of the aid recipient's annual               environment .
turnover in shipbuilding and ship conversion .
2 . It shall be incumbent on the Member States to furnish
evidence of the extent to which the turnover and losses of
                                                                                Article 7
the recipient of the aid result , on the one hand , from
shipbuilding and ship conversion and , on the other, from                                      Aid for closures
its other activities , if any , and , if some of the aid is
intended to offset losses or expenditure arising from the
restructuring measures referred to in Chapter III , to                1 . Aid to defray the normal costs resulting from the
identify and specify those measures .                                 partial or total closure of shipbuilding or ship repair yards
                                                                      may be considered compatible with the common market
                                                                      provided that the capacity reduction resulting from such
                                                                      aid is of a genuine and irreversible nature.
                           CHAPTER III
                                                                      2 . The costs eligible for such aid are , in particular:
                     RESTRUCTURING AID
                                                                      — payments to workers made redundant or retired before
                                                                           legal retirement age ,
                             Article 6                                — counselling services to workers made or to be made
                                                                         „ redundant or retired before legal retirement age
                          Investment aid                                   including payments made by yards to facilitate the
                                                                           creation of small undertakings ,
1 . Investment aid , whether specific or non-specific, may
not be granted for the creation of new shipyards or for               — payments to workers for vocational retraining,
investment in existing yards if such aid would be likely to
increase the Member States' shipbuilding capacity .                   — expenditure incurred for the redevelopment of the yard ,
                                                                           its buildings , installations and infrastructure for use
                                                                           other than that specified in Article 1 ( a ), (b ), and ( c),
Such aid may not be granted for ship repair unless linked to
a restructuring plan which results in an overall reduction in         — in the event of total closure of a yard , the residual book
the ship repair capacity of the Member State concerned . In                value of its installations ( ignoring that portion of any
this context the Commission may take into account                          revaluation since 1 January 1982 which exceeds the
capacity reductions carried out in the immediately                         national inflation rate).
preceding years .
                                                                      3 . The amount and intensity of aid must be justified by
2 . Paragraph 1 shall not apply to the opening of a new               the extent of the restructuring involved , account being
shipyard in a Member State which otherwise would have                 taken of the structural problems of the region concerned
 ---pagebreak--- 12 . 3 . 87                              Official Journal of the European Communities                                    No L 69 / 59
 and , in the case of conversion to other industrial activities ,   — the shipbuilding industry or — should only certain
of the Community legislation and rules applicable to the                  yards be involved , those yards — has undertaken a
 new sector concerned .                                                   systematic and specific restructuring programme ,
                                                                          aiming at capacity reductions , which can be considered
                                                                          capable of allowing it, within four years, to operate
                                                                          competitively ,
                             Article 8
                                                                    — the aid is progressively reduced .
               Aid for research and development
 1 . Aid to defray expenditure by shipbuilding and ship
repair undertakings for research and development projects                                        CHAPTER V
may be considered compatible with the common market.
                                                                                MONITORING PROCEDURE
2 . For the purposes of this Directive , the eligible costs
                                                                                Article 10
shall be only those relating to fundamental research , basic
industrial research and applied research and development,
all as defined by the Commission in Annex I to the                  1 . In addition to the provisions of Articles 92 and 93 of
Community framework for State aids for research and                 the Treaty, aid to shipbuilding, ship conversion and ship
development {*), excluding those related to industrial              repair undertakings covered by this Directive shall be
application and commercial exploitation of the results .            subject to the special notification rules provided for in
                                                                    paragraph 2 .
                                                                    2 . The following shall be notified to the Commission in
                           CHAPTER IV                               advance by the Member States and authorized by the
                                                                    Commission before they are put into effect:
                    SPAIN AND PORTUGAL
                                                                    ( a ) any aid scheme — new or existing — or any
                                                                          amendment of an existing scheme covered by this
                             Article 9
                                                                          Directive ;
1 . Chapter II of this Directive shall be applicable neither        (b ) any decision to apply any general or regional aid
in Spain nor, subject to paragraph 3 of this Article , in                 scheme to the undertakings covered by this Directive ;
Portugal .
                                                                    (c) any individual application of aid schemes in the cases
                                                                          referred to in the second subparagraph of Article 4 ( 5 )
2 . Operating aid for shipbuilding and ship conversion in                 and in Article 4 ( 7 ) or when specifically provided for by
Spain may be considered compatible with the common                        the Commission in its approval of the aid scheme
market provided that:                                                     concerned .
— Spain's shipbuilding industry has undertaken a
     systematic and specific restructuring programme ,                                            Article 11
     including capacity reductions , which can be considered
     capable of allowing it , within four years , to operate        1 . For the           Commission's monitoring of the
     competitively ,                                                implementation of the aid rules contained in Chapters II
                                                                    and III , Member States shall supply the Commission for its
— the aid is being progressively reduced .                          exclusive use with :
                                                                    — current reports on each               shipbuilding and ship
3 . The Portuguese Republic will be subject to all the                    conversion contract at the         time of ordering and
provisions of this Directive . However , Portugal may , at                completion containing details     of the financial contract
any time before 31 December 1987 with immediate effect,                   support , in accordance with      the form set out in the
or at the latest by 29 February 1988 , with effect from                   annexed schedule 1 ,
1 January 1988 , opt for being exempted from the rules laid
down in Chapter II either generally or as regards certain           — six-monthly reports — to be provided by 1 October and
yards . Should Portugal choose this option , operating aid                1 April in respect of the preceding half calendar years
for shipbuilding and ship conversion may be considered                    — on aid granted to shipowners , in accordance with
compatible with the common market provided that :                         the form set out in the annexed schedule 2 ,
                                                                    — yearly reports giving details of the annual results of,
                                                                          and total financial support granted to , each individual
                                                                          national shipyard which has received aid , in accordance
O ) OJ No C 83 , 11 . 4 . 1986 , p. 2 .                                   with the form set out in the attached schedule 3 ,
 ---pagebreak--- No L 69 / 60                              Official Journal of the European Communities                                 12 . 3 . 87
— yearly reports on the attainment of the restructuring              1 January 1987 which relate to activities initiated before
     objectives as regards the undertakings which have               that date and on which , by the date on which this Directive
     received aid according to Articles 6 , 7 and 9 , in             enters into force , no Commission decision has been
     accordance with the form set out in the annexed                 taken .
     schedule 4 .
2.   On the basis of the information communicated to it in           2 . Two years after notification of this Directive ( J ) the
accordance with Article 10 and paragraph 1 of this Article,          Commission shall report to the European Parliament and
the Commission shall draw up an annual overall report to             the Council on its application and propose any necessary
serve as a basis for discussion with national experts . This         adjustments .
report shall state inter alia the level of contract-related aid
and other operating aid granted in each Member State
                                                                                Article 13
during the period in question , and both the total volume of
restructuring aid awarded and the progress made towards
the attainment of the restructuring objectives in each               This Directive shall apply from 1 January 1987 to
                                                                     31 December 1990 .
Member State during the same period .
                                                                                Article 14
                         CHAPTER VI
                                                                     This Directive is addressed to the Member States .
                      FINAL PROVISIONS
                           Article 12
                                                                     Done at Brussels , 26 January 1987 .
1 . This     Directive   shall   replace   Council    Directive
81 / 363 / EEC .                                                                                For the Council
                                                                                The President
The provisions of the aforementioned Directive shall ,
however, remain applicable to aid projects notified before                                                 L. TINDEMANS
                                                                     (') This Directive was notified to the Member States on
                                                                         5 February 1987 .
 ---pagebreak---                                         ANNEX
                                        Schedule 1                                                                                12 . 3 . 87
               REPORT OF MERCHANT SHIP ORDERS AND COMPLETIONS
                                                     Section 3: Financial arrangements
                                                                                ECU        % of
                                                                                Currence       (Prevailing   contract
                                                                                rate )     price
               4 . Yard No
                                                       14 . Contract price
                                                                                Official
                                                       15 . Estimated contract loss ( if any )
                                                       16 . Contract support
                                                            A. Granted to yard:
                                                                  ( a ) grants
                                                                  (b ) credit facilities
                                                                  (c) specific fiscal concession
9 . Completion / delivery date                                    (d) other support
                                                                                Journal of the European
                                                            B. Granted    to     customer          or
                                                               ultimate owners :
                                                                  ( a) grants
                                                                  ( b ) credit facilities                                                           Communities
                                                                  (c) fiscal concession
                                                                  (d) other support
                                                     Contact for inquiries                                         Date:
3 . Compensated gross tonnage ( CGT )
                                                                                No L 69 / 61
                                                     Position :                                                    Signature:
 ---pagebreak---                                   Schedule 2
                                                                                No L 69 / 62
PORT ON AID TO SHIPOWNERS FOR ACQUISITION OR CONVERSION OF SHIPS
                    3                                      4                                          5
                Aid granted                                                      Acquisition or conversion contract concerned
                                                       Month of
                                                      aid granting                                               Performing yard
                              Details
                                                                                Tonnage
       Volume                                                        Ship type             (CGT)                                Name
                                                                                Country
                                                                                Official
                                                                                Journal of
                                                                                the
                                                                                European
                                                                                Communities
                                         Date:
                                                                                12 . 3 . 87
                                         Signature:
 ---pagebreak---                                                      Schedule 3                                                                                12 . 3 . 87
                          REPORT OF COMPANY FINANCIAL SUPPORT
                       Name of company
                                                                  Section 2: Turnover and profit/ (loss) (to be filled in for all companies having received direct
                                                                             production aid )
                                     Indirect                                                                                Most
 ct value ( 1 )      Direct aid                                                                                Previous
s / loss ( 2 )        received      aid support                                                                                recent year
                                  ( of sched . 1 )
                                                                    10 . Turnover
                                                                    11 . Hereof related to merchant shipbuilding and ship
                                                                         conversion
                                                                         ( a ) related to contracts concluded before 1 January 1987
                                                                         ( b) related to contracts concluded after 1 January 1987
                                                                         (c) hereof related to development assistance to developing
                                                                            countries
                                                                                Official
                                                                   12. Losses (if any)
                                                                   13 . Hereof related to merchant shipbuilding and ship
                                                                        conversion
                                                                        (a) related to profit / (loss) on contracts
                                                                        (b) related to movement in provisions
                                                                        (c) related to restructuring expenditures
                                      Aid
           Costs
                                    received
                                                                  Section 3: Cash flow (to be filled in for all companies which have registered losses under
                                                                             12 and have received funding from ony public sources)
                                                                                Most
                                                                                Previous
                                                                                recent year
                                                                                Journal of the European Communities
                                                                   Expenditures
                                                                   14 . Trading losses before depreciation
                                                                   15 . Capital expenditure
                                                                   16 . Other expenditures
                                                                   17. Other change in working capital
                                                                   Source of Funds
                                                                   18 . Equity receipts
                                                                        ( a ) from public shareholders
                                                                        ( b ) from private shareholders
                                                                   19 . Loans and overdrafts
                                                                        (a) from public sources
        Date :                                                          (a') hereof contract support
                                                                        (b) from private sources
                                                                        (b') hereof with state guarantee
                                                                   20 . Government grants
                                                                        ( a) hereof contract support
                                                                                No L 69 / 63
        Signature:
 ---pagebreak--- No L 69 / 64                                   Official Journal of the European Communities                                  12 . 3 . 87
                                                                     Schedule 4
EUROPEAN ECONOMIC COMMUNITY
                              REPORT OF MERCHANT SHIPYARD FACILITIES AND EMPLOYMENT
Section 1 : Facilities       Date :                                       Company :
  1 . Berth / dock / pad               2 . Current use                      3 . Size                4 . Capacity
Section 2 : Merchant orderbook              Date :
  5 . Berth No                6 . Ship No                   7 . Ship type                   8 . CGT         9 . Completion date
  10 . Total new orders ...                                            19              Number       CGT
  11 . Total completions ..                                            19              Number       CGT
Section 3 : Shipbuilding employment             Date :
  12 . By activity                                               19 . By occupation
  1 3 . Merchant                                                 20 . Manual
  14 . Offshore                                                  21 . Staff
  15 . Naval                                                     22 . Total merchant
  16 . Repair                                                    23 . Subcontractors
  17 . Other
                                                                 24 . Net change in employment
  18 . Total
  25 . Total man-hours for the shipyard
  26 . Hereof for merchant shipbuilding and conversion
Contact for enquiries:                                                          Date:
Position :                                                                      Signature :


title: Commission Directive 2011/14/EU of 24 February 2011 amending Council Directive 91/414/EEC to include profoxydim as active substance  Text with EEA relevance

text:
               25.2.2011

               EN

               Official Journal of the European Union

               L 51/16

         COMMISSION DIRECTIVE 2011/14/EU
   of 24 February 2011
   amending Council Directive 91/414/EEC to include profoxydim as active substance
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               In accordance with Article 6(2) of Directive 91/414/EEC Spain received on 2 April 1998 an application from BASF SE for the inclusion of the active substance profoxydim in Annex I to Directive 91/414/EEC. Commission Decision 1999/43/EC (2) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (2)

               For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 28 March 2001.

               (3)

               For profoxydim the draft assessment report was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 23 November 2010 in the format of the Commission review report for profoxydim.

               (4)

               It has appeared from the various examinations made that plant protection products containing profoxydim may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include profoxydim in Annex I to that Directive, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance may be granted in accordance with the provisions of that Directive.

               (5)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of 6 months after inclusion to review existing provisional authorisations of plant protection products containing profoxydim to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should transform existing provisional authorisations into full authorisations, amend them or withdraw them in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (6)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (7)

               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 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 31 January 2012 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 February 2012.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing profoxydim as active substance by 31 January 2012. By that date, they shall in particular verify that the conditions in Annex I to that Directive relating to profoxydim are met, with the exception of those identified in Part B of the entry concerning the active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13(2) of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing profoxydim as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 July 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account Part B of the entry in Annex I to that Directive concerning profoxydim. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing profoxydim as the only active substance, where necessary, amend or withdraw the authorisation by 31 January 2013 at the latest; or

               (b)

               in the case of a product containing profoxydim as one of several active substances, where necessary, amend or withdraw the authorisation by 31 January 2013 or by the date fixed for such an amendment or withdrawal in the respective directive or directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 4
   This Directive shall enter into force on 1 August 2011.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 24 February 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 14, 19.1.1999, p. 30.

      ANNEX
      In Annex I to Directive 91/414/EEC, the following entry is added at the end of the table:

                     No

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘330

                     Profoxydim
                     CAS No 139001-49-3
                     CIPAC No 621

                     2 – [(1 E/Z) – [(2 R S) – 2 – (4 – chlorophenoxy) propoxyimino] butyl] – 3 – hydroxy – 5 – [(3 R S; 3 S R) – tetrahydro – 2 H – thiopyran – 3 – yl] cyclohex – 2 – enone

                     ≥ 940 g/kg

                     1 August 2011

                     31 July 2021

                     PART A
                     Only uses as herbicide in rice may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on profoxydim, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 28 January 2011 shall be taken into account.
                     In this overall assessment, Member States must pay particular attention to:

                                 —

                                 the protection of groundwater when the active substance is applied in regions with vulnerable soil and/or climatic conditions,

                                 —

                                 the long term risk to non-target organisms.

                           Conditions of authorisation shall include risk mitigation measures where appropriate.’

         (1)  Further details on identity and specification of active substances are provided in the review report.


Commission Directive 68/157/EEC of 12 March 1968 setting the timetable for the phasing-out of the tax applied by the Federal Republic of Germany to imports of certain oils and fats from the other Member States