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32001L0011

Commission Directive 2001/11/EC of 14 February 2001 adapting to technical progress Council Directive 96/96/EC on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers — functional testing of commercial vehicles' speed limitation device (Text with EEA relevance)

Official Journal L 048 , 17/02/2001 P. 0020 - 0021

Commission Directive 2001/11/ECof 14 February 2001adapting to technical progress Council Directive 96/96/EC on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers - functional testing of commercial vehicles' speed limitation device(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers(1), as amended by Commission Directive 1999/52/EC(2), and in particular Article 8 thereof,Whereas:(1) The fitting of road speed limiter (RSL) systems to certain vehicles in categories M3 and N3 was mandated through Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community(3) for safety, environmental and competitive equalisation reasons. The installation to the vehicles within the scope of the Directive was implemented by 1 January 1996.(2) Directive 96/96/EC does not include a requirement to carry out functional checking of RSL systems, i.e. the ability for the device to effectively control the vehicle's maximum speed.(3) This amending Directive requires the authorities to carry out a test that will ensure that the RSL functions correctly.(4) Today simple, common diagnostic systems are available that can be used by testing organisations to test the vast majority of the speed limiters equipped. For those vehicles that are not accessible by such readily available diagnostic tools, the authorities will need to either make use of available equipment from the original vehicle manufacturer or provide for the acceptance of appropriate test certification from the vehicle manufacturer or their franchise organisation.(5) In the future, periodic verification of the correct functioning of the speed limiter will be facilitated for the vehicles that are fitted with the new recording equipment (digital tachograph) according to Council Regulation (EC) No 2135/98 of 24 September 1998 amending Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC concerning the application of Regulations (EEC) No 3820/85 and (EEC) No 3821/85(4). New vehicles will be fitted with such equipment from the year 2003.(6) The provisions of this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directive on motor vehicle roadworthiness testing established under Article 8 of Directive 96/96/EC,HAS ADOPTED THIS DIRECTIVE:Article 1A fourth indent is added to point 7.10 of Annex II to Directive 96/96/EC as follows:"- check wherever practical that the set speed of the speed limitation device conforms to the limits according to Articles 2 and 3 of Directive 92/6/EEC and that the speed limitation device prevents vehicles mentioned in those same Articles from exceeding those pre-set values."Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive two years after the entry into force of the Directive at the latest. They shall forthwith inform the Commission thereof.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.Member States shall communicate to the Commission the texts of the provisions of national law that they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 14 February 2001.For the CommissionLoyola De PalacioVice-President(1) OJ L 46, 17.2.1997, p. 1.(2) OJ L 142, 5.6.1999, p. 26.(3) OJ L 57, 2.3.1992, p. 27.(4) OJ L 274, 9.10.1998, p. 1.


Council Directive of 23 December 1965 modifying Council Directive of 5 November 1963 on the approximation of the laws of the Member States concerning preservatives authorized for use in foodstuffs intented for human consumption


title: Commission Directive 2006/140/EC of 20 December 2006 amending Directive 98/8/EC of the European Parliament and of the Council to include sulfuryl fluoride as an active substance in Annex I thereto Text with EEA relevance

text:
               30.12.2006

               EN

               Official Journal of the European Union

               L 414/78

         COMMISSION DIRECTIVE 2006/140/EC
   of 20 December 2006
   amending Directive 98/8/EC of the European Parliament and of the Council to include sulfuryl fluoride 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 Article 16(2) second subparagraph thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 2032/2003 of 4 November 2003 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 and amending Regulation (EC) No 1896/2000 (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 sulfuryl fluoride.

               (2)

               Pursuant to Regulation (EC) No 2032/2003, sulfuryl fluoride has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.

               (3)

               In accordance with Article 5(2) of Regulation (EC) No 2032/2003, Sweden was designated as Rapporteur Member State. Sweden submitted the competent authority report, together with a recommendation, to the Commission on 19 April 2005 in accordance with Article 10(5) and (7) of that Regulation.

               (4)

               The competent authority report has been reviewed by the Member States and the Commission. In accordance with Article 11(4) of Regulation (EC) No 2032/2003, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 8 September 2006, in an assessment report.

               (5)

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

               (6)

               It appears from the various examinations made that biocidal products used as wood preservatives and containing sulfuryl fluoride may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC, in particular with regard to the uses which were examined and detailed in the assessment report. It is therefore appropriate to include sulfuryl fluoride in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing sulfuryl fluoride can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (7)

               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 sulfuryl fluoride and also to facilitate the proper operation of the biocidal products market in general.

               (8)

               In the light of the findings of the assessment report, it is appropriate to require that such products be authorised only for use by trained professionals, in accordance with Article 10(2)(i)(e) of Directive 98/8/EC, and that risk mitigation measures are designed to ensure the safety of operators and bystanders, in accordance with Article 10(2)(i)(f) of Directive 98/8/EC.

               (9)

               In addition, it is appropriate to require continuous monitoring, as well as the provision of further information on certain specific points detailed in the assessment report, in accordance with Article 10(2)(i)(f) of Directive 98/8/EC.

               (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(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 8 containing sulfuryl fluoride 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 December 2007 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 January 2009.
   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 that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 20 December 2006.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Commission Directive 2006/50/EC of 29 May 2006 (OJ L 142, 30.5.2006, p. 6).

      (2)  OJ L 307, 24.11.2003, p. 1. Regulation as last amended by Regulation (EC) No 1048/2005 (OJ L 178, 9.7.2005, p. 1).

      ANNEX
      The following table with entry ‘No. 1’ shall be 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)

                     1

                     sulfuryl fluoride

                     sulfuryl difluoride
                     EC No: 220-281-5
                     CAS No: 2699-79-8

                     > 994 g/kg

                     1 January 2009

                     31 December 2010

                     31 December 2018

                     8

                     Member States shall ensure that authorisations are subject to the following conditions:

                                 (1)

                                 the product may only be sold to and used by professionals trained to use it;

                                 (2)

                                 appropriate risk mitigation measures are included for operators and bystanders;

                                 (3)

                                 concentrations of sulfuryl fluoride in remote tropospheric air are monitored.

                           Member States shall also ensure that reports of the monitoring referred to in point (3) are transmitted by authorisation holders directly to the Commission every fifth year starting from 1 January 2009.

         (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’


title: Directive 2006/24/EC of the European Parliament and of the Council of  15 March 2006  on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC

text:
               13.4.2006

               EN

               Official Journal of the European Union

               L 105/54

      DIRECTIVE 2006/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 15 March 2006
   on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) requires Member States to protect the rights and freedoms of natural persons with regard to the processing of personal data, and in particular their right to privacy, in order to ensure the free flow of personal data in the Community.

               (2)

               Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (4) translates the principles set out in Directive 95/46/EC into specific rules for the electronic communications sector.

               (3)

               Articles 5, 6 and 9 of Directive 2002/58/EC lay down the rules applicable to the processing by network and service providers of traffic and location data generated by using electronic communications services. Such data must be erased or made anonymous when no longer needed for the purpose of the transmission of a communication, except for the data necessary for billing or interconnection payments. Subject to consent, certain data may also be processed for marketing purposes and the provision of value-added services.

               (4)

               Article 15(1) of Directive 2002/58/EC sets out the conditions under which Member States may restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of that Directive. Any such restrictions must be necessary, appropriate and proportionate within a democratic society for specific public order purposes, i.e. to safeguard national security (i.e. State security), defence, public security or the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communications systems.

               (5)

               Several Member States have adopted legislation providing for the retention of data by service providers for the prevention, investigation, detection, and prosecution of criminal offences. Those national provisions vary considerably.

               (6)

               The legal and technical differences between national provisions concerning the retention of data for the purpose of prevention, investigation, detection and prosecution of criminal offences present obstacles to the internal market for electronic communications, since service providers are faced with different requirements regarding the types of traffic and location data to be retained and the conditions and periods of retention.

               (7)

               The Conclusions of the Justice and Home Affairs Council of 19 December 2002 underline that, because of the significant growth in the possibilities afforded by electronic communications, data relating to the use of electronic communications are particularly important and therefore a valuable tool in the prevention, investigation, detection and prosecution of criminal offences, in particular organised crime.

               (8)

               The Declaration on Combating Terrorism adopted by the European Council on 25 March 2004 instructed the Council to examine measures for establishing rules on the retention of communications traffic data by service providers.

               (9)

               Under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), everyone has the right to respect for his private life and his correspondence. Public authorities may interfere with the exercise of that right only in accordance with the law and where necessary in a democratic society, inter alia, in the interests of national security or public safety, for the prevention of disorder or crime, or for the protection of the rights and freedoms of others. Because retention of data has proved to be such a necessary and effective investigative tool for law enforcement in several Member States, and in particular concerning serious matters such as organised crime and terrorism, it is necessary to ensure that retained data are made available to law enforcement authorities for a certain period, subject to the conditions provided for in this Directive. The adoption of an instrument on data retention that complies with the requirements of Article 8 of the ECHR is therefore a necessary measure.

               (10)

               On 13 July 2005, the Council reaffirmed in its declaration condemning the terrorist attacks on London the need to adopt common measures on the retention of telecommunications data as soon as possible.

               (11)

               Given the importance of traffic and location data for the investigation, detection, and prosecution of criminal offences, as demonstrated by research and the practical experience of several Member States, there is a need to ensure at European level that data that are generated or processed, in the course of the supply of communications services, by providers of publicly available electronic communications services or of a public communications network are retained for a certain period, subject to the conditions provided for in this Directive.

               (12)

               Article 15(1) of Directive 2002/58/EC continues to apply to data, including data relating to unsuccessful call attempts, the retention of which is not specifically required under this Directive and which therefore fall outside the scope thereof, and to retention for purposes, including judicial purposes, other than those covered by this Directive.

               (13)

               This Directive relates only to data generated or processed as a consequence of a communication or a communication service and does not relate to data that are the content of the information communicated. Data should be retained in such a way as to avoid their being retained more than once. Data generated or processed when supplying the communications services concerned refers to data which are accessible. In particular, as regards the retention of data relating to Internet e-mail and Internet telephony, the obligation to retain data may apply only in respect of data from the providers' or the network providers' own services.

               (14)

               Technologies relating to electronic communications are changing rapidly and the legitimate requirements of the competent authorities may evolve. In order to obtain advice and encourage the sharing of experience of best practice in these matters, the Commission intends to establish a group composed of Member States' law enforcement authorities, associations of the electronic communications industry, representatives of the European Parliament and data protection authorities, including the European Data Protection Supervisor.

               (15)

               Directive 95/46/EC and Directive 2002/58/EC are fully applicable to the data retained in accordance with this Directive. Article 30(1)(c) of Directive 95/46/EC requires the consultation of the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established under Article 29 of that Directive.

               (16)

               The obligations incumbent on service providers concerning measures to ensure data quality, which derive from Article 6 of Directive 95/46/EC, and their obligations concerning measures to ensure confidentiality and security of processing of data, which derive from Articles 16 and 17 of that Directive, apply in full to data being retained within the meaning of this Directive.

               (17)

               It is essential that Member States adopt legislative measures to ensure that data retained under this Directive are provided to the competent national authorities only in accordance with national legislation in full respect of the fundamental rights of the persons concerned.

               (18)

               In this context, Article 24 of Directive 95/46/EC imposes an obligation on Member States to lay down sanctions for infringements of the provisions adopted pursuant to that Directive. Article 15(2) of Directive 2002/58/EC imposes the same requirement in relation to national provisions adopted pursuant to Directive 2002/58/EC. Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems (5) provides that the intentional illegal access to information systems, including to data retained therein, is to be made punishable as a criminal offence.

               (19)

               The right of any person who has suffered damage as a result of an unlawful processing operation or of any act incompatible with national provisions adopted pursuant to Directive 95/46/EC to receive compensation, which derives from Article 23 of that Directive, applies also in relation to the unlawful processing of any personal data pursuant to this Directive.

               (20)

               The 2001 Council of Europe Convention on Cybercrime and the 1981 Council of Europe Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data also cover data being retained within the meaning of this Directive.

               (21)

               Since the objectives of this Directive, namely to harmonise the obligations on providers to retain certain data and to ensure that those data are available for the purpose of the investigation, detection and prosecution of serious crime, as defined by each Member State in its national law, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

               (22)

               This Directive respects the fundamental rights and observes the principles recognised, in particular, by the Charter of Fundamental Rights of the European Union. In particular, this Directive, together with Directive 2002/58/EC, seeks to ensure full compliance with citizens' fundamental rights to respect for private life and communications and to the protection of their personal data, as enshrined in Articles 7 and 8 of the Charter.

               (23)

               Given that the obligations on providers of electronic communications services should be proportionate, this Directive requires that they retain only such data as are generated or processed in the process of supplying their communications services. To the extent that such data are not generated or processed by those providers, there is no obligation to retain them. This Directive is not intended to harmonise the technology for retaining data, the choice of which is a matter to be resolved at national level.

               (24)

               In accordance with paragraph 34 of the Interinstitutional agreement on better law-making (6), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

               (25)

               This Directive is without prejudice to the power of Member States to adopt legislative measures concerning the right of access to, and use of, data by national authorities, as designated by them. Issues of access to data retained pursuant to this Directive by national authorities for such activities as are referred to in the first indent of Article 3(2) of Directive 95/46/EC fall outside the scope of Community law. However, they may be subject to national law or action pursuant to Title VI of the Treaty on European Union. Such laws or action must fully respect fundamental rights as they result from the common constitutional traditions of the Member States and as guaranteed by the ECHR. Under Article 8 of the ECHR, as interpreted by the European Court of Human Rights, interference by public authorities with privacy rights must meet the requirements of necessity and proportionality and must therefore serve specified, explicit and legitimate purposes and be exercised in a manner that is adequate, relevant and not excessive in relation to the purpose of the interference,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter and scope
   1.   This Directive aims to harmonise Member States' provisions concerning the obligations of the providers of publicly available electronic communications services or of public communications networks with respect to the retention of certain data which are generated or processed by them, in order to ensure that the data are available for the purpose of the investigation, detection and prosecution of serious crime, as defined by each Member State in its national law.
   2.   This Directive shall apply to traffic and location data on both legal entities and natural persons and to the related data necessary to identify the subscriber or registered user. It shall not apply to the content of electronic communications, including information consulted using an electronic communications network.
   Article 2
   Definitions
   1.   For the purpose of this Directive, the definitions in Directive 95/46/EC, in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (7), and in Directive 2002/58/EC shall apply.
   2.   For the purpose of this Directive:

               (a)

               ‘data’ means traffic data and location data and the related data necessary to identify the subscriber or user;

               (b)

               ‘user’ means any legal entity or natural person using a publicly available electronic communications service, for private or business purposes, without necessarily having subscribed to that service;

               (c)

               ‘telephone service’ means calls (including voice, voicemail and conference and data calls), supplementary services (including call forwarding and call transfer) and messaging and multi-media services (including short message services, enhanced media services and multi-media services);

               (d)

               ‘user ID’ means a unique identifier allocated to persons when they subscribe to or register with an Internet access service or Internet communications service;

               (e)

               ‘cell ID’ means the identity of the cell from which a mobile telephony call originated or in which it terminated;

               (f)

               ‘unsuccessful call attempt’ means a communication where a telephone call has been successfully connected but not answered or there has been a network management intervention.

         Article 3
   Obligation to retain data
   1.   By way of derogation from Articles 5, 6 and 9 of Directive 2002/58/EC, Member States shall adopt measures to ensure that the data specified in Article 5 of this Directive are retained in accordance with the provisions thereof, to the extent that those data are generated or processed by providers of publicly available electronic communications services or of a public communications network within their jurisdiction in the process of supplying the communications services concerned.
   2.   The obligation to retain data provided for in paragraph 1 shall include the retention of the data specified in Article 5 relating to unsuccessful call attempts where those data are generated or processed, and stored (as regards telephony data) or logged (as regards Internet data), by providers of publicly available electronic communications services or of a public communications network within the jurisdiction of the Member State concerned in the process of supplying the communication services concerned. This Directive shall not require data relating to unconnected calls to be retained.
   Article 4
   Access to data
   Member States shall adopt measures to ensure that data retained in accordance with this Directive are provided only to the competent national authorities in specific cases and in accordance with national law. The procedures to be followed and the conditions to be fulfilled in order to gain access to retained data in accordance with necessity and proportionality requirements shall be defined by each Member State in its national law, subject to the relevant provisions of European Union law or public international law, and in particular the ECHR as interpreted by the European Court of Human Rights.
   Article 5
   Categories of data to be retained
   1.   Member States shall ensure that the following categories of data are retained under this Directive:

               (a)

               data necessary to trace and identify the source of a communication:

                           (1)

                           concerning fixed network telephony and mobile telephony:

                                       (i)

                                       the calling telephone number;

                                       (ii)

                                       the name and address of the subscriber or registered user;

                           (2)

                           concerning Internet access, Internet e-mail and Internet telephony:

                                       (i)

                                       the user ID(s) allocated;

                                       (ii)

                                       the user ID and telephone number allocated to any communication entering the public telephone network;

                                       (iii)

                                       the name and address of the subscriber or registered user to whom an Internet Protocol (IP) address, user ID or telephone number was allocated at the time of the communication;

               (b)

               data necessary to identify the destination of a communication:

                           (1)

                           concerning fixed network telephony and mobile telephony:

                                       (i)

                                       the number(s) dialled (the telephone number(s) called), and, in cases involving supplementary services such as call forwarding or call transfer, the number or numbers to which the call is routed;

                                       (ii)

                                       the name(s) and address(es) of the subscriber(s) or registered user(s);

                           (2)

                           concerning Internet e-mail and Internet telephony:

                                       (i)

                                       the user ID or telephone number of the intended recipient(s) of an Internet telephony call;

                                       (ii)

                                       the name(s) and address(es) of the subscriber(s) or registered user(s) and user ID of the intended recipient of the communication;

               (c)

               data necessary to identify the date, time and duration of a communication:

                           (1)

                           concerning fixed network telephony and mobile telephony, the date and time of the start and end of the communication;

                           (2)

                           concerning Internet access, Internet e-mail and Internet telephony:

                                       (i)

                                       the date and time of the log-in and log-off of the Internet access service, based on a certain time zone, together with the IP address, whether dynamic or static, allocated by the Internet access service provider to a communication, and the user ID of the subscriber or registered user;

                                       (ii)

                                       the date and time of the log-in and log-off of the Internet e-mail service or Internet telephony service, based on a certain time zone;

               (d)

               data necessary to identify the type of communication:

                           (1)

                           concerning fixed network telephony and mobile telephony: the telephone service used;

                           (2)

                           concerning Internet e-mail and Internet telephony: the Internet service used;

               (e)

               data necessary to identify users' communication equipment or what purports to be their equipment:

                           (1)

                           concerning fixed network telephony, the calling and called telephone numbers;

                           (2)

                           concerning mobile telephony:

                                       (i)

                                       the calling and called telephone numbers;

                                       (ii)

                                       the International Mobile Subscriber Identity (IMSI) of the calling party;

                                       (iii)

                                       the International Mobile Equipment Identity (IMEI) of the calling party;

                                       (iv)

                                       the IMSI of the called party;

                                       (v)

                                       the IMEI of the called party;

                                       (vi)

                                       in the case of pre-paid anonymous services, the date and time of the initial activation of the service and the location label (Cell ID) from which the service was activated;

                           (3)

                           concerning Internet access, Internet e-mail and Internet telephony:

                                       (i)

                                       the calling telephone number for dial-up access;

                                       (ii)

                                       the digital subscriber line (DSL) or other end point of the originator of the communication;

               (f)

               data necessary to identify the location of mobile communication equipment:

                           (1)

                           the location label (Cell ID) at the start of the communication;

                           (2)

                           data identifying the geographic location of cells by reference to their location labels (Cell ID) during the period for which communications data are retained.

         2.   No data revealing the content of the communication may be retained pursuant to this Directive.
   Article 6
   Periods of retention
   Member States shall ensure that the categories of data specified in Article 5 are retained for periods of not less than six months and not more than two years from the date of the communication.
   Article 7
   Data protection and data security
   Without prejudice to the provisions adopted pursuant to Directive 95/46/EC and Directive 2002/58/EC, each Member State shall ensure that providers of publicly available electronic communications services or of a public communications network respect, as a minimum, the following data security principles with respect to data retained in accordance with this Directive:

               (a)

               the retained data shall be of the same quality and subject to the same security and protection as those data on the network;

               (b)

               the data shall be subject to appropriate technical and organisational measures to protect the data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure;

               (c)

               the data shall be subject to appropriate technical and organisational measures to ensure that they can be accessed by specially authorised personnel only;
               and

               (d)

               the data, except those that have been accessed and preserved, shall be destroyed at the end of the period of retention.

         Article 8
   Storage requirements for retained data
   Member States shall ensure that the data specified in Article 5 are retained in accordance with this Directive in such a way that the data retained and any other necessary information relating to such data can be transmitted upon request to the competent authorities without undue delay.
   Article 9
   Supervisory authority
   1.   Each Member State shall designate one or more public authorities to be responsible for monitoring the application within its territory of the provisions adopted by the Member States pursuant to Article 7 regarding the security of the stored data. Those authorities may be the same authorities as those referred to in Article 28 of Directive 95/46/EC.
   2.   The authorities referred to in paragraph 1 shall act with complete independence in carrying out the monitoring referred to in that paragraph.
   Article 10
   Statistics
   1.   Member States shall ensure that the Commission is provided on a yearly basis with statistics on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or a public communications network. Such statistics shall include:

               —

               the cases in which information was provided to the competent authorities in accordance with applicable national law,

               —

               the time elapsed between the date on which the data were retained and the date on which the competent authority requested the transmission of the data,

               —

               the cases where requests for data could not be met.

         2.   Such statistics shall not contain personal data.
   Article 11
   Amendment of Directive 2002/58/EC
   The following paragraph shall be inserted in Article 15 of Directive 2002/58/EC:

      ‘1a.   Paragraph 1 shall not apply to data specifically required by Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (8) to be retained for the purposes referred to in Article 1(1) of that Directive.

   Aricle 12
   Future measures
   1.   A Member State facing particular circumstances that warrant an extension for a limited period of the maximum retention period referred to in Article 6 may take the necessary measures. That Member State shall immediately notify the Commission and inform the other Member States of the measures taken under this Article and shall state the grounds for introducing them.
   2.   The Commission shall, within a period of six months after the notification referred to in paragraph 1, approve or reject the national measures concerned, after having examined whether they are a means of arbitrary discrimination or a disguised restriction of trade between Member States and whether they constitute an obstacle to the functioning of the internal market. In the absence of a decision by the Commission within that period the national measures shall be deemed to have been approved.
   3.   Where, pursuant to paragraph 2, the national measures of a Member State derogating from the provisions of this Directive are approved, the Commission may consider whether to propose an amendment to this Directive.
   Article 13
   Remedies, liability and penalties
   1.   Each Member State shall take the necessary measures to ensure that the national measures implementing Chapter III of Directive 95/46/EC providing for judicial remedies, liability and sanctions are fully implemented with respect to the processing of data under this Directive.
   2.   Each Member State shall, in particular, take the necessary measures to ensure that any intentional access to, or transfer of, data retained in accordance with this Directive that is not permitted under national law adopted pursuant to this Directive is punishable by penalties, including administrative or criminal penalties, that are effective, proportionate and dissuasive.
   Article 14
   Evaluation
   1.   No later than 15 September 2010, the Commission shall submit to the European Parliament and the Council an evaluation of the application of this Directive and its impact on economic operators and consumers, taking into account further developments in electronic communications technology and the statistics provided to the Commission pursuant to Article 10 with a view to determining whether it is necessary to amend the provisions of this Directive, in particular with regard to the list of data in Article 5 and the periods of retention provided for in Article 6. The results of the evaluation shall be made public.
   2.   To that end, the Commission shall examine all observations communicated to it by the Member States or by the Working Party established under Article 29 of Directive 95/46/EC.
   Article 15
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by no later than 15 September 2007. They shall forthwith inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   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.
   3.   Until 15 March 2009, each Member State may postpone application of this Directive to the retention of communications data relating to Internet Access, Internet telephony and Internet e-mail. Any Member State that intends to make use of this paragraph shall, upon adoption of this Directive, notify the Council and the Commission to that effect by way of a declaration. The declaration shall be published in the Official Journal of the European Union.
   Article 16
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 17
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 15 March 2006.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         H. WINKLER

      (1)  Opinion delivered on 19 January 2006 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 14 December 2005 (not yet published in the Official Journal) and Council Decision of 21 February 2006.

      (3)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (4)  OJ L 201, 31.7.2002, p. 37.

      (5)  OJ L 69, 16.3.2005, p. 67.

      (6)  OJ C 321, 31.12.2003, p. 1.

      (7)  OJ L 108, 24.4.2002, p. 33.

      (8)  OJ L 105, 13.4.2006, p. 54.’

      Declaration by the Netherlands
      pursuant to Article 15(3) of Directive 2006/24/EC
      Regarding the Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of publicly available electronic communications services and amending Directive 2002/58/EC, the Netherlands will be making use of the option of postponing application of the Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail, for a period not exceeding 18 months following the date of entry into force of the Directive.

      Declaration by Austria
      pursuant to Article 15(3) of Directive 2006/24/EC
      Austria declares that it will be postponing application of this Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail, for a period of 18 months following the date specified in Article 15(1).

      Declaration by Estonia
      pursuant to Article 15(3) of Directive 2006/24/EC
      In accordance with Article 15(3) of the Directive of the European Parliament and of the Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, Estonia hereby states its intention to make use of use that paragraph and to postpone application of the Directive to retention of communications data relating to Internet access, Internet telephony and Internet e-mail until 36 months after the date of adoption of the Directive.

      Declaration by the United Kingdom
      pursuant to Article 15(3) of Directive 2006/24/EC
      The United Kingdom declares in accordance with Article 15(3) of the Directive on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC that it will postpone application of that Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail.

      Declaration by the Republic of Cyprus
      pursuant to Article 15(3) of Directive 2006/24/EC
      The Republic of Cyprus declares that it is postponing application of the Directive in respect of the retention of communications data relating to Internet access, Internet telephony and Internet e-mail until the date fixed in Article 15(3).

      Declaration by the Hellenic Republic
      pursuant to Article 15(3) of Directive 2006/24/EC
      Greece declares that, pursuant to Article 15(3), it will postpone application of this Directive in respect of the retention of communications data relating to Internet access, Internet telephony and Internet e-mail until 18 months after expiry of the period provided for in Article 15(1).

      Declaration by the Grand Duchy of Luxembourg
      pursuant to Article 15(3) of Directive 2006/24/EC
      Pursuant to Article 15(3) of the Directive of the European Parliament and of the Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, the Government of the Grand Duchy of Luxembourg declares that it intends to make use of Article 15(3) of the Directive in order to have the option of postponing application of the Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail.

      Declaration by Slovenia
      pursuant to Article 15(3) of Directive 2006/24/EC
      Slovenia is joining the group of Member States which have made a declaration under Article 15(3) of the Directive of the European Parliament and the Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks, for the 18 months postponement of the application of the Directive to the retention of communication data relating to Internet, Internet telephony and Internet e-mail.

      Declaration by Sweden
      pursuant to Article 15(3) of Directive 2006/24/EC
      Pursuant to Article 15(3), Sweden wishes to have the option of postponing application of this Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail.

      Declaration by the Republic of Lithuania
      pursuant to Article 15(3) of Directive 2006/24/EC
      Pursuant to Article 15(3) of the draft Directive of the European Parliament and of the Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or public communications networks and amending Directive 2002/58/EC (hereafter the ‘Directive’), the Republic of Lithuania declares that once the Directive has been adopted it will postpone the application thereof to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail for the period provided for in Article 15(3).

      Declaration by the Republic of Latvia
      pursuant to Article 15(3) of Directive 2006/24/EC
      Latvia states in accordance with Article 15(3) of Directive 2006/24/EC of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC that it is postponing application of the Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail until 15 March 2009.

      Declaration by the Czech Republic
      pursuant to Article 15(3) of Directive 2006/24/EC
      Pursuant to Article 15(3), the Czech Republic hereby declares that it is postponing application of this Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail until 36 months after the date of adoption thereof.

      Declaration by Belgium
      pursuant to Article 15(3) of Directive 2006/24/EC
      Belgium declares that, taking up the option available under Article 15(3), it will postpone application of this Directive, for a period of 36 months after its adoption, to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail.

      Declaration by the Republic of Poland
      pursuant to Article 15(3) of Directive 2006/24/EC
      Poland hereby declares that it intends to make use of the option provided for under Article 15(3) of the Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of publicly available electronic communications services and amending Directive 2002/58/EC and postpone application of the Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail for a period of 18 months following the date specified in Article 15(1).

      Declaration by Finland
      pursuant to Article 15(3) of Directive 2006/24/EC
      Finland declares in accordance with Article 15(3) of the Directive on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC that it will postpone application of that Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail.

      Declaration by Germany
      pursuant to Article 15(3) of Directive 2006/24/EC
      Germany reserves the right to postpone application of this Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail for a period of 18 months following the date specified in the first sentence of Article 15(1).


Avis juridique important

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32004L0001

Commission Directive 2004/1/EC of 6 January 2004 amending Directive 2002/72/EC as regards the suspension of the use of azodicarbonamide as blowing agent (Text with EEA relevance)

Official Journal L 007 , 13/01/2004 P. 0045 - 0046

Commission Directive 2004/1/ECof 6 January 2004amending Directive 2002/72/EC as regards the suspension of the use of azodicarbonamide as blowing agent(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs(1), and in particular Article 3 thereof,Whereas:(1) Commission Directive 2002/72/EC of 6 August 2002 relating to plastic materials and articles intended to come into contact with foodstuffs(2) authorises the use of azodicarbonamide as a blowing agent in plastic materials and articles intended to come into contact with foodstuffs in accordance with the opinion of the Scientific Committee on Food (SCF).(2) Azodicarbonamide is used as blowing agent in the manufacture of plastic gaskets in metal lids used for the closure of glass jars. New findings have shown that azodicarbonamide decomposes into semicarbazide (SEM) when heated during production of the foamed gasket and during sterilisation of the sealed glass jar.(3) On 8 July 2003 the European Food Safety Authority (hereinafter called "the Authority") was informed by industry that SEM had been found in a number of foods contained in glass jars. The levels of SEM in these foods were variable (up to 25 μg/kg), with the highest concentrations found in baby foods.(4) Based on the existing scientific data, including recent research commissioned by the Authority, the Scientific Panel on food additives, flavourings, processing aids and materials in contact with food (hereinafter called "the Panel") concluded, in its statement of 1 October 2003, that SEM has a weak carcinogenic activity in laboratory animals and weak genotoxicity in vitro but that it was not possible according to the current scientific knowledge to conclude whether SEM poses a carcinogenic risk to humans.(5) An ad hoc expert group was specifically commissioned by the Authority to advise further on possible risks to infants, the consumer group for which potential exposure to SEM per body weight is likely to be the highest. In evaluating the possible consequences of SEM in baby foods, the expert group reviewed toxicological aspects alongside microbiological and nutritional considerations.(6) On 9 October 2003 they advised that, taking into account the current available information on the levels of SEM in food, intake and toxicology, the risk to both infants and adults eating foods containing SEM was probably very small. However, the Panel stated that the presence of SEM in baby food was undesirable and recommended that it would be prudent to reduce exposure to SEM as swiftly as technological progress safely allows.(7) Considering the conclusions of the Panel and the ad hoc expert group and the remaining scientific uncertainties it is appropriate, in order to achieve the high level of health protection chosen in the Community, to suspend the use of azodicarbonamide in accordance with the precautionary principle referred to in Article 7 of Regulation (EC) No 178/2002 of the European Parliament and of the Council(3) (Food law). The suspension of azodicarbonamide from the incomplete list of additives fully harmonised at Community level should apply while the Community seeks more complete information from any source, which could clarify the gaps in the present state of knowledge of SEM.(8) The Commission has been informed that alternatives for azodicarbonamide will become available in the near future. With respect to the possible replacement of azodicarbonamide in packaging materials for baby foods, it is critical that careful consideration and evaluation of seal integrity be carried out prior to their introduction in order not to compromise the microbiological safety of the food. It is therefore necessary to provide for a transitional period of 18 months to allow such evaluation to be carried out over a time period, which takes account of the minimum shelf-life for such packaged foods.(9) A transitional period should also be provided for in respect of materials and articles which are brought into contact with foodstuffs before the deadline for implementation of this Directive.(10) This transitional period should also take into account the requirements of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(4).(11) Directive 2002/72/EC should therefore be amended accordingly.(12) 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 1As regards the additive azodicarbonamide with reference number 36640 the text in column 4 of Section A of Annex III to Directive 2002/72/EC is replaced by the following:">TABLE>"Article 21. Member States shall adopt and publish, by 2 August 2005 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.2. Member States shall apply the provisions referred to in paragraph 1 from 2 August 2005 in such a way as to prohibit the placing on the market and importation into the Community of plastic materials and articles intended to come into contact with foodstuffs and which do not comply with this Directive.However, materials and articles filled before 2 August 2005 may continue to be placed on the market provided that the date of filling appears on the materials and articles. The date of filling may be replaced by another indication, provided that that indication permits the identification of the date of filling. Upon request the date of filling shall be made available to the competent authorities and any person enforcing the requirements of this Directive.The first and second subparagraphs shall apply without prejudice to the requirements of Directive 2000/13/EC.When Member States adopt the provisions referred to in paragraph 1, 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.3. 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 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 6 January 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 40, 11.2.1989, p. 38. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).(2) OJ L 220, 15.8.2002, p. 18.(3) OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).(4) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15.)


Avis juridique important

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31996L0074

Directive 96/74/EC of the European Parliament and of the Council of 16 December 1996 on textile names

Official Journal L 032 , 03/02/1997 P. 0038 - 0055

DIRECTIVE 96/74/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 1996 on textile namesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),(1) Whereas Council Directive 71/307/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to textile names (4) has been amended frequently and substantially; whereas, for reasons of clarity and rationality the said Directive should be consolidated;(2) Whereas, if the provisions of the Member States with regard to the names, composition and labelling of textile products were to vary from one Member State to another, this would create hindrances to the proper functioning of the internal market;(3) Whereas these hindrances can be eliminated if the placing of textile products on the market at Community level is subject to uniform rules; whereas it is therefore necessary to harmonize the names of textile fibres and the particulars appearing on labels, markings and documents which accompany textile products at the various stages of their production, processing and distribution; whereas the term 'textile fibre` is to be extended to include strips or tubes with an apparent width of not more than 5 mm, which are cut out from sheets manufactured by extrusion of the polymers listed under items 19 to 38 and 41 of Annex I, and subsequently drawn out lengthwise;(4) Whereas provision should also be made in respect of certain products which are not made exclusively of textile materials but have a textile content which constitutes an essential part of the product or to which attention is specifically drawn by the producer, processor or trader; whereas in item 30 in Annex II there is no need to distinguish between the different types of polyamide or nylon, the agreed allowances for which are therefore to be brought into line;(5) Whereas the tolerance in respect of 'other fibres`, which has already been laid down for pure products, is also to be applied to mixtures;(6) Whereas, in order to attain the objective underlying national provisions in this field, labelling should be compulsory;(7) Whereas, in cases where it is technically difficult to specify the composition of a product at the time of manufacture, any fibres known at that time may be stated on the label provided that they account for a certain percentage of the finished product;(8) Whereas it is expedient, in order to avoid the differences of application that have become apparent in this connection in the Community, to specify the exact methods of labelling certain textile products consisting of two or more components, and also the components of textile products that need not be taken into account for purposes of labelling and analysis;(9) Whereas textile products subject only to the requirements of inclusive labelling, and those sold by the metre or in cut lengths, are to be offered for sale in such a way that the consumer can fully acquaint himself with the particulars affixed to the overall packaging or the roll; whereas it is for the Member States to decide on the measures to be adopted for this purpose;(10) Whereas the use of descriptions or names which enjoy particular prestige among users and consumers should be made subject to certain conditions;(11) Whereas it was necessary to lay down methods for the sampling and analysis of textiles in order to exclude any possibility of objections to the methods used; whereas however, the provisional retention of the national methods currently in force does not prevent the application of uniform rules;(12) Whereas Annex II to this Directive which sets out the agreed allowances to be applied to the anhydrous mass of each fibre during the determination by analysis of the fibre content of textile products, gives, in items 1, 2 and 3, two different agreed allowances for calculating the composition of carded or combed fibres containing wool and/or animal hair; whereas laboratories cannot always tell whether a product is carded or combed, and consequently inconsistent results can arise from the application of this provision during checks on the conformity of textile products carried out in the Community; whereas laboratories should therefore be authorized to apply a single agreed allowance in doubtful cases;(13) Whereas it is not advisable in a separate Directive on textile products, to harmonize all the provisions applicable to such products;(14) Whereas, Annexes III and IV, because of the exceptional nature of the items referred to therein, should also cover other products exempt from labelling, in particular 'disposable` products or products for which only inclusive labelling is required;(15) Whereas the provisions necessary for the determination and the adaptation to technical progress of the methods of analysis are implementing measures of a strictly technical nature; whereas it is therefore necessary to apply to those measures, and to the measures for adapting Annexes I and II to this Directive to technical progress, the committee procedure already laid down in Article 6 of Directive 96/73/EC of the European Parliament and of the Council of 16 December 1996 on certain methods for the quantitative analysis of binary textile fibre mixtures (5);(16) Whereas the provisions laid down in this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling;(17) Whereas this Directive is not to affect the obligations of the Member States concerning the deadlines for transposition of the Directives set out in Annex V, Part B,HAVE ADOPTED THIS DIRECTIVE:Article 1 Textile products may be marketed within the Community, either before or during their industrial processing or at any of the distribution stages, only where such products comply with the provisions of this Directive.Article 2 1. For the purposes of this Directive, 'textile products` means any raw, semi-worked, worked, semi-manufactured, manufactured, semi-made-up or made-up products which are exclusively composed of textile fibres, regardless of the mixing or assembly process employed.2. For the purpose of this Directive 'textile fibre` means:- a unit of matter characterized by its flexibility, fineness and high ratio of length to maximum transverse dimension, which render it suitable for textile applications,- flexible strips or tubes, of which the apparent width does not exceed 5 mm, including strips cut from wider strips or films, produced from the substances used for the manufacture of the fibres listed under items 19 to 41 in Annex I and suitable for textile applications; the apparent width is the width of the strip or tube when folded, flattened, compressed or twisted, or the average width where the width is not uniform.3. The following shall be treated in the same way as textile products and shall be subject to the provisions of this Directive:- products containing at least 80 % by weight of textile fibres,- furniture, umbrella and sunshade coverings containing at least 80 % by weight of textile components; similarly, the textile components of multi-layer floor coverings, of mattresses and of camping goods, and warm linings of footwear, gloves, mittens and mitts, provided such parts or linings constitute at least 80 % by weight of the complete article,- textiles incorporated in other products and forming an integral part thereof, where their composition is specified.Article 3 1. The names and descriptions of fibres referred to in Article 2 are listed in Annex I.2. Use of the names appearing in the table in Annex I shall be reserved for fibres whose nature is specified under the same item of that table.3. None of these names may be used for any other fibre, whether on their own or as a root or as an adjective, in any language whatsoever.4. The word 'silk` may not be used to indicate the shape or particular presentation in continuous yarn of textile fibres.Article 4 1. No textile product may be described as '100 %`, 'pure` or 'all` unless it is exclusively composed of the same fibre; no similar term may be used.2. A textile product may contain up to 2 % by weight of other fibres, provided this quantity is justified on technical grounds and is not added as a matter of routine. This tolerance shall be increased to 5 % in the case of textile products which have undergone a carding process.Article 5 1. A wool product may be described as:- 'lana virgen` or 'lana de esquilado`,- 'ren, ny uld`,- 'Schurwolle`,- 'ðáñèÝíï ìáëëss`,- 'fleece wool` or 'virgin wool`,- 'laine vierge` or 'laine de tonte`,- 'lana vergine` or 'lana di tosa`,- 'scheerwol`,- 'lã virgem`,- 'uusi villa`,- 'ren ull`,only if it is composed exclusively of a fibre which has not previously been incorporated in a finished product, which has not been subjected to any spinning and/or felting processes other than those required in the manufacture of that product, and which has not been damaged by treatment or use.2. By way of derogation from the provisions of paragraph 1, the names referred to therein may be used to describe wool contained in a fibre mixture when:(a) all the wool contained in that mixture satisfies the requirements defined in paragraph 1;(b) this wool accounts for not less than 25 % of the total weight of the mixture;(c) in the case of a scribbled mixture, the wool is mixed with only one other fibre.In the case referred to in this paragraph, the full percentage composition must be given.3. The tolerance justified on technical grounds connected with manufacture shall be limited to 0,3 % of fibrous impurities in the case of the products referred to in paragraphs 1 and 2, including wool products which have undergone a carding process.Article 6 1. A textile product composed of two or more fibres, one of which accounts for at least 85 % of the total weight, shall be designated:- by the name of the latter fibre followed by its percentage by weight, or- by the name of the latter fibre followed by the words '85 % minimum`, or- by the full percentage composition of the product.2. A textile product composed of two or more fibres, none of which accounts for as much as 85 % of the total weight, shall be designated by the name and percentage by weight of at least the two main fibres, followed by the names of the other constituent fibres in descending order of weight, with or without an indication of their percentage by weight. However:(a) fibres which separately account for less than 10 % of the total weight of a product may be collectively designated by the term 'other fibres`, followed by the total percentage by weight;(b) where the name of a fibre which accounts for less than 10 % of the total weight of a product is specified, the full percentage composition of that product shall be given.3. Products having a pure cotton warp and a pure flax weft, in which the percentage of flax accounts for not less than 40 % of the total weight of the unsized fabric may be given the name 'cotton linen union` which must be accompanied by the composition specification 'pure cotton warp - pure flax weft`.4. In the case of textile products intended for the end consumer, in the percentage compositions specified in paragraph 1, 2, 3 and 5:(a) a quantity of extraneous fibres of up to 2 % of the total weight of the textile product shall be tolerated, provided that this quantity is justified on technical grounds and is not added as a matter of routine; this tolerance shall be increased to 5 % in the case of products which have undergone a carding process and shall be without prejudice to the tolerance referred to in Article 5 (3);(b) a manufacturing tolerance of 3 % shall be permitted between the stated fibre percentages and the percentages obtained from analysis, in relation to the total weight of fibres shown on the label; such tolerance shall also be applied to fibres which, in accordance with paragraph 2, are listed in descending order of weight with no indication of their percentage. This tolerance shall also apply to Article 5 (2) (b).On analysis, the tolerances shall be calculated separately; the total weight to be taken into account in calculating the tolerance referred to in (b) shall be that of the fibres of the finished product less the weight of any extraneous fibres found when applying the tolerance referred to in (a).The addition of the tolerances referred to in (a) and (b) shall be permitted only if any extraneous fibres found by analysis, when applying the tolerance referred to in (a), prove to be of the same chemical type as one or more of the fibres shown on the label.In the case of particular products for which the manufacturing process requires tolerances higher than those given in (a) and (b), higher tolerances may be authorized when the conformity of the product is checked pursuant to Article 13 (1) only in exceptional cases and where adequate justification is provided by the manufacturer. Member States shall immediately inform the Commission thereof.5. The term 'mixed fibres` or the term 'unspecified textile composition` may be used for any product the composition of which cannot easily be stated at the time of manufacture.Article 7 Without prejudice to the tolerances laid down in Article 4 (2), Article 5 (3) and Article 6 (4), visible, isolable fibres which are purely decorative and do not exceed 7 % of the weight of the finished product need not be mentioned in the fibre compositions provided for in Articles 4 and 6; the same shall apply to fibres (e.g. metallic fibres) which are incorporated in order to obtain an antistatic effect and which do not exceed 2 % of the weight of the finished product. In the case of the products referred to in Article 6 (3), such percentages shall be calculated not on the weight of the fabric but on the weight of the warp and that of the weft separately.Article 8 1. Textile products within the meaning of this Directive shall be labelled or marked whenever they are put on the market for production or commercial purposes; this labelling or marking may be replaced or supplemented by accompanying commercial documents when the products are not being offered for sale to the end consumer, or when they are delivered in performance of an order placed by the State or by some other legal person governed by public law or, in those Member States where this concept is unknown, by an equivalent entity.2. (a) The names, descriptions and particulars as to textile fibre content referred to in Articles 3 to 6 and in Annex I shall be clearly indicated in the commercial documents. This requirement shall, in particular, preclude the use of abbreviations in sales contracts, bills and invoices; however, a mechanized processing code may be used, provided that code is explained in the same document.(b) The names, descriptions and particulars as to textile fibres content referred to in Articles 3 to 6 and in Annex I shall be indicated in clear, legible and uniform print when textile products are offered for sale or sold to the consumer, and in particular in catalogues and trade literature, on packagings, on labels and on markings.Particulars and information other than those provided for by this Directive shall be quite separate. This provision shall not apply to trade marks or to the name of the undertaking which may be given immediately before or after particulars provided for by this Directive.If, however, when a textile product is offered for sale or is sold to the consumer as referred to in the first subparagraph, a trade mark or a name of an undertaking is indicated which contains, on its own or as an adjective or as a root, one of the names listed in Annex I or a name liable to be confused therewith, the trade mark or the name of an undertaking must be immediately preceded or followed by the names, descriptions and particulars as to textile fibre content referred to in Articles 3 to 6 and in Annex I, in clear and legible print.(c) Member States may require that, when textile products are offered for sale or are sold to the end consumer in their territory, their national languages should also be used for the labelling and marking required by this Article.In the case of bobbins, reels, skeins, balls or any other small quantity of sewing, mending and embroidery yarns, the option provided for in the first subparagraph may be exercised by the Member States only in the case of inclusive labelling on packaging or displays. Without prejudice to the cases referred to in item 18 of Annex IV, individual items may be labelled in any one of the Community languages.(d) Member States may not prohibit the use of descriptions or particulars other than those referred to in Articles 3, 4 and 5 which relate to characteristics of products where such descriptions or particulars are consistent with their fair trade practices.Article 9 1. Any textile product composed of two or more components which have different fibre contents shall bear a label stating the fibre content of each component. Such labelling shall not be compulsory for components representing less than 30 % of the total weight of the product, excluding main linings.2. Where to or more textile products have the same fibre content and normally form a single unit, they need bear only one label.3. Without prejudice to the provisions of Article 12:(a) the fibre composition of the following corsetry articles shall be indicated by stating the composition of the whole product or that of the components listed below either inclusively or separately:- for brassières: the outside and inside fabric of the cups and back,- for corsets: the front, rear and side stiffening panels,- for corselets: the outside and inside fabric of the cups, the front and rear stiffening panels and the side panels.The fibre composition of corsetry articles other than those listed in the first subparagraph shall be indicated by stating the composition of the whole product or, either inclusively or separately, the composition of the various components of the articles; such labelling shall not be compulsory for components representing less than 10 % of the total weight of the product.The separate labelling of the various parts of the said corsetry articles shall be carried out in such a way that the end consumer can easily understand to which part of the product the particulars on the label refer;(b) the fibre composition of etch-printed textiles shall be given for the product as a whole and may be indicated by stating, separately, the composition of the base fabric and that of the etched parts. These components must be mentioned by name;(c) the fibre composition of embroidered textiles shall be given for the product as a whole and may be indicated by stating, separately, the composition of the base fabric and that of the embroidery yarn; these components must be mentioned by name; if the embroidered parts amount to less than 10 % of the surface area of the product, only the composition of the base fabric need be stated;(d) the fibre composition of yarns consisting of a core and a cover made up of different fibres, and offered for sale as such to the consumer, shall be given for the product as a whole and may be indicated by stating the composition of the core and the cover separately; these components must be mentioned by name;(e) the fibre composition of velvet and plush textiles, or of textiles resembling velvet or plush, shall be given for the whole product and, where the product comprises a distinct backing and a use-surface composed of different fibres, may be stated separately for these two parts, which must be mentioned by name;(f) the composition of floor coverings and carpets of which the backing and the use-surface are composed of different fibres may be stated for the use-surface alone, which must be mentioned by name.Article 10 1. By way of derogation from the provisions of Articles 8 and 9:(a) in the case of textile products listed in Annex III which are at one of the stages referred to in Article 2 (1), Member States may not require any labelling or marking bearing the name or composition. However, the provisions of Articles 8 and 9 shall apply where such products bear a label or marking giving the name or composition, or a trade mark or name of an undertaking which incorporates, on its own or as an adjective or as a root, either one of the names listed in Annex I or a name liable to be confused therewith;(b) where textile products listed in Annex IV are of the same type and composition, they may be offered for sale together under an inclusive label giving the composition particulars laid down by this Directive;(c) the composition of textile products sold by the metre need by shown only on the length or roll offered for sale.2. Member States shall take all necessary steps to ensure that the products referred to in (b) and (c) of paragraph 1 are offered for sale in such a way that the end consumer can fully acquaint himself with the composition of these products.Article 11 Member States shall take all necessary measures to ensure that any information supplied when textile products are placed on the market cannot be confused with the names and particulars laid down by this Directive.Article 12 For the purposes of applying Article 8 (1) and the other provisions of this Directive relating to the labelling of textile products, the fibre percentages referred to in Articles 4, 5 and 6 shall be determined without taking account of the following items:1. for all textile products:non-textile parts, selvedges, labels and badges, edgings and trimmings not forming an integral part of the product, buttons and buckles covered with textile materials, accessories, decorations, non-elastic ribbons, elastic threads and bands added at specific and limited points of the product and, subject to the conditions specified in Article 7, visible, isolable fibres which are purely decorative and antistatic fibres;2. (a) for floor coverings and carpets: all components other than the use-surface;(b) for upholstery fabrics: binding and filling warps and wefts which do not form part of the use-surface;for hangings and curtains: binding and filling warps and wefts which do not form part of the right side of the fabric;(c) for other textile products: base or underlying fabrics, stiffenings and reinforcements, inter-linings and canvas backings, stitching and assembly threads unless they replace the warp and/or weft of the fabric, fillings not having an insulating function and, subject to Article 9 (1), linings.For the purposes of this provision:- the base or underlying material of textile products which serve as a backing for the use-surface, in particular in blankets and double fabrics, and the backings of velvet or plush fabrics and kindred products shall not be regarded as backings to be removed.- 'stiffenings and reinforcements` mean the yarns or materials added at specific and limited points of the textile products to strengthen them or to give them stiffness or thickness.3. fatty substances, binders, weightings, sizings and dressings, impregnating products, additional dyeing and printing products and other textile processing products. In the absence of Community provisions, Member States shall take all necessary measures to ensure that these items are not present in quantities liable to mislead the consumer.Article 13 1. Checks on whether the composition of textile products is in conformity with the information supplied in accordance with this Directive shall be carried out by the methods of analysis specified in the Directives referred to in paragraph 2.For this purpose, the fibre percentages in Articles 4, 5 and 6 shall be determined by applying to the anhydrous mass of each fibre the appropriate agreed allowance laid down in Annex II, after having removed the items referred to in Article 12 (1), (2) and (3).2. Separate directives will specify the methods of sampling and analysis to be used in Member States to determine the fibre composition of products covered by this Directive.Article 14 1. No Member State may, for reasons connected with names or composition specifications, prohibit or impede the placing on the market of textile products which satisfy the provisions of this Directive.2. The provisions of this Directive shall not preclude the application of the provisions in force in each Member State on the protection of industrial and commercial property, on indications of provenance, marks of origin and the prevention of unfair competition.Article 15 The provisions of this Directive shall not apply to textile products which:1. are intended for export to third countries;2. enter Member States, under customs control, for transit purposes;3. are imported from third countries for inward processing;4. are contracted out to persons working in their own homes, or to independent firms that make up work from materials supplied without the property therein being transferred for consideration.Article 16 1. The additions to Annex I and the additions and amendments to Annex II to this Directive which are necessary for adapting these Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 6 of Directive 96/73/EC.2. The new method of quantitative analysis for binary and ternary mixtures other than those referred to in Directive 96/73/EC and Council Directive 73/44/EEC of 26 February 1973 on the approximation of the laws of the Member States relating to the quantitative analysis of ternary fibre mixtures (6) shall also be determined by that procedure.3. The Committee referred to in Article 5 of Directive 96/73/EC is called the 'Committee for Directives relating to Textile Names and Labelling`.Article 17 Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 18 The Directive listed in Annex V, part A are hereby repealed, without prejudice to the obligations of the Member States concerning the time limits for transposition set out in Annex V, part B.References to the repealed Directives shall be construed as references to this Directive and should be read in accordance with the correlation table set out in Annex VI.Article 19 This Directive is addressed to the Member States.This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 16 December 1996.For the European ParliamentThe PresidentK. HAENSCHFor the CouncilThe PresidentI. YATES(1) OJ No C 96, 6. 4. 1994, p. 1.(2) OJ No C 195, 18. 7. 1994, p. 9.(3) Opinion of the European Parliament of 15 February 1995, (OJ No C 56, 6. 3. 1995, p. 53) Council common position of 26 February 1996 (OJ No C 196, 6. 7. 1996, p. 1), Decision of the European Parliament of 18 June 1996 (OJ No C 198, 8. 7. 1996, p. 25) and Council Decision of 7 October 1996.(4) OJ No L 185, 16. 8. 1971, p. 16. Directive as last amended by Directive 87/140/EEC, (OJ No L 56, 26. 2. 1987, p. 24).(5) See page 1 of this Official Journal.(6) OJ No L 83, 30. 3. 1973, p. 1.ANNEX I >TABLE>ANNEX II >TABLE>ANNEX III PRODUCTS WHICH CANNOT BE MADE SUBJECT TO MANDATORY LABELLING OR MARKING (Article 10 (1) (a)) 1. Sleeve-supporting armbands2. Watch straps of textile materials3. Labels and badges4. Stuffed pan-holders of textile materials5. Coffee cosy covers6. Tea cosy covers7. Sleeve protectors8. Muffs other than in pile fabric9. Artificial flowers10. Pin cushions11. Painted canvas12. Textile products for base and underlying fabrics and stiffenings13. Felts14. Old made-up textile products, where explicitly stated to be such15. Gaiters16. Packagings, not new and sold as such17. Felt hats18. Containers which are soft and without foundation, saddlery, of textile materials19. Travel goods of textile materials20. Hand-embroidered tapestries, finished or unfinished, and materials for their production, including embroidery yarns, sold separately from the canvas and specially presented for use in such tapestries21. Slide fasteners22. Buttons and buckles covered with textile materials23. Book covers of textile materials24. Toys25. Textile parts of footwear, excepting warm linings26. Table mats having several components and a surface area of not more than 500 cm²27. Oven gloves and cloths28. Egg cosies29. Make-up cases30. Tobacco pouches of textile fabric31. Spectacle, cigarette and cigar, lighter and comb cases of textile fabric32. Protective requisites for sports with the exception of gloves33. Toilet cases34. Shoe-cleaning cases35. Funeral items36. Disposable articles, with the exception of waddingFor the purposes of this Directive, textile articles designed to be used once only or for a limited time, and the normal use of which precludes any restoring for subsequent use for the same or a similar purpose, are to be regarded as disposable37. Textile articles subject to the rules of the European Pharmacopoeia and covered by a reference to those rules, non-disposable bandages for medical and orthopaedic use and orthopaedic textile articles in general38. Textile articles including cordage, ropes and string, subject to item 12 of Annex IV, normally intended:(a) for use as equipment components in the manufacture and processing of goods;(b) for incorporation in machines, installations (e.g. for heating, air conditioning or lighting), domestic and other appliances, vehicles and other means of transport, or for their operation, maintenance or equipment, other than tarpaulin covers and textile motor vehicle accessories sold separately from the vehicle39. Textile articles for protection and safety purposes such as safety belts, parachutes, life-jackets, emergency chutes, fire-fighting devices, bulletproof waistcoats and special protective garments (e.g. protection against fire, chemical substances or other safety hazards)40. Air-supported structures (e.g. sports halls, exhibition stands or storage facilities), provided that particulars of the performances and technical specifications of these articles are supplied41. Sails42. Animal clothing43. Flags and bannersANNEX IV PRODUCTS FOR WHICH ONLY INCLUSIVE LABELLING OR MARKING IS OBLIGATORY (Article 10 (1) (b)) 1. Floorcloths2. Cleaning cloths3. Edgings and trimmings4. Passementerie5. Belts6. Braces7. Suspenders and garters8. Shoe and boot laces9. Ribbons10. Elastic11. New packaging sold as such12. Packing string and agricultural twine; string, cordage and ropes other than those falling within item 38 of Annex III (1).13. Table mats14. Handkerchiefs15. Bun nets and hair nets16. Ties and bow ties for children17. Bibs; washgloves and face flannels18. Sewing, mending and embroidery yarns presented for retail sale in small quantities with a net weight of 1 gram or less19. Tape for curtains and blinds and shutters(1) For the products falling within this item and sold in cut lengths, the inclusive labelling shall be that of the reel. The cordage and ropes falling within this item include those used in mountaineering and water sports.ANNEX V PART A REPEALED DIRECTIVES (referred to in Article 18) - Council Directive 71/307/EEC (OJ No L 185, 16. 8. 1971, p. 16), and its successive amendments:- Council Directive 75/36/EEC (OJ No L 14, 20. 1. 1975, p. 15)- Council Directive 83/623/EEC (OJ No L 353, 15. 12. 1983, p. 8).- Commission Directive 87/140/EEC (OJ No L 56, 26. 2. 1987, p. 24).PART B TIME LIMITS FOR TRANSPOSITION >TABLE>ANNEX VI >TABLE>