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31981L0957

Commission Directive 81/957/EEC of 23 October 1981 adapting to technical progress for the third time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

Official Journal L 351 , 07/12/1981 P. 0005 - 0044 Finnish special edition: Chapter 15 Volume 3 P. 0164  Spanish special edition: Chapter 13 Volume 12 P. 0040  Swedish special edition: Chapter 15 Volume 3 P. 0164  Portuguese special edition Chapter 13 Volume 12 P. 0040

COMMISSION DIRECTIVE of 23 October 1981 adapting to technical progress for the third time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (81/957/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), as last amended by Directive 79/831/EEC (2), and in particular Articles 19, 20 and 21 thereof,  Whereas Annex I to Directive 67/548/EEC contains a list of dangerous substances, together with particulars of the classification and labelling procedures in respect of each substance (danger symbol, nature of risks and safety advice);  Whereas examination of the list of dangerous substances has shown that this list needs to be adapted in the light of present scientific and technical knowledge or, more precisely, that it is necessary to change the classification and labelling of certain substances, to clarify certain names, to enter other substances on the list and to give additional explanatory notes to that list;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in Dangerous Substances and Preparations,   (1) OJ No 196, 16.8.1967. p. 1.  (2) OJ No L 259, 15.10.1979, p. 10.     HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 67/548/EEC is hereby amended as follows: >PIC FILE= "T0019919">    >PIC FILE= "T0019920">    >PIC FILE= "T0019921">    >PIC FILE= "T0019922">    >PIC FILE= "T0019923">    >PIC FILE= "T0019924">    >PIC FILE= "T0019925">    >PIC FILE= "T0019926">    >PIC FILE= "T0019927">    >PIC FILE= "T0019928">    Article 2 Before 31 December 1982 the Member States shall adopt and publish the provisions necessary to comply with this Directive and shall forthwith inform the Commission thereof. They shall apply such provisions not later than 1 July 1983.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 23 October 1981.  For the Commission  Karl-Heinz NARJES  Member of the Commission   ANNEX  >PIC FILE= "T0019929">    >PIC FILE= "T0019930">    >PIC FILE= "T0019931">    >PIC FILE= "T0019932">    >PIC FILE= "T0019933">    >PIC FILE= "T0019934">    >PIC FILE= "T0019935">    >PIC FILE= "T0019936">    >PIC FILE= "T0019937">    >PIC FILE= "T0019938">    >PIC FILE= "T0019939">    >PIC FILE= "T0019940">    >PIC FILE= "T0019941">    >PIC FILE= "T0019942">    >PIC FILE= "T0019943">    >PIC FILE= "T0019944">    >PIC FILE= "T0019945">    >PIC FILE= "T0019946">    >PIC FILE= "T0019947">    >PIC FILE= "T0019948">    >PIC FILE= "T0019949">    >PIC FILE= "T0019950">    >PIC FILE= "T0019951">    >PIC FILE= "T0019952">    >PIC FILE= "T0019953">    >PIC FILE= "T0019954">    >PIC FILE= "T0019955">    >PIC FILE= "T0019956">    >PIC FILE= "T0019957">


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31994L0035

European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs

Official Journal L 237 , 10/09/1994 P. 0003 - 0012 Finnish special edition: Chapter 13 Volume 27 P. 0005  Swedish special edition: Chapter 13 Volume 27 P. 0005

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffsTHE 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 Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption (1), and in particular Article 3 (2) thereof,Having regard to the proposal from the Commission (2),Having regard to the opinion of the Economic and Social Committee (3),After consultation of the Scientific Committee for Food,Acting in accordance with the procedure referred to in Article 189b of the Treaty (4),Whereas differences between national laws relating to sweeteners and their conditions of use hinder the free movement of foodstuffs; whereas this situation may create conditions of unfair competition;Whereas the prime consideration for any rules on sweeteners and their conditions of use should be the need to protect and inform the consumer;Whereas, having regard to the most recent scientific and toxicological information, these substances are to be permitted only for certain foodstuffs and under certain conditions of use;Whereas this Directive does not affect rules relating to functions other than the sweetening properties of the substances covered by this Directive;Whereas the use of sweeteners to replace sugar is justified for the production of energy-reduced food, non-cariogenic foodstuffs or food without added sugars, for the extension of shelf life through the replacement of sugar, and for the production of dietetic products,HAVE ADOPTED THIS DIRECTIVE:Article 11. This Directive is a specific directive forming a part of the comprehensive directive within the meaning of Article 3 of Directive 89/107/EEC.2. This Directive shall apply to food additives, hereinafter referred to as 'sweeteners`, which are used:- to impart a sweet taste to foodstuffs,- as table-top sweeteners.3. For the purposes of this Directive, 'with no added sugar` and 'energy-reduced` in column III of the Annex shall be defined as follows:- 'with no added sugar`: without any added mono- or disaccharides or any other foodstuff used for its sweetening properties,- 'energy-reduced`: with an energy value reduced by at least 30 % compared with the original foodstuff or a similar product.4. This Directive shall not apply to foodstuffs with sweetening properties.Article 21. Only sweeteners listed in the Annex may be placed on the market with a view to:- sale to the ultimate consumer,or- use in the manufacture of foodstuffs.2. Sweeteners referred to in the second indent of paragraph 1 may only be used in the manufacture of the foodstuffs listed in the Annex under the conditions specified therein.3. Except where specially provided for, sweeteners may not be used in foods for infants or young children, as specified in Directive 89/398/EEC (5).4. The maximum usable doses indicated in the Annex refer to ready-to-eat foodstuffs prepared according to the instructions for use.Article 31. This Directive shall apply without prejudice to specific directives permitting additives listed in the Annex to be used for purposes other than sweetening.2. This Directive shall also apply without prejudice to Community provisions governing the composition and the description of foodstuffs.Article 4Where there are differences of opinion as to whether sweeteners can be used in a given foodstuff under the terms of this Directive, it may be decided by the procedure laid down in Article 7 whether that foodstuff is to be considered as belonging to one of the categories listed in column III of the Annex.Article 51. The sales description of a table-top sweetener must include the term '. . . -based table-top sweetener`, using the name(s) of the sweetening substance(s) used in its composition.2. The labelling of a table-top sweetener containing polyols and/or aspartame must bear the following warnings:- polyols: 'excessive consumption may induce laxative effects`,- aspartame: 'contains a source of phenylalanine`.Article 6Provisions concerning:- the details which must appear on the labelling of foodstuffs containing sweeteners in order to make their presence clear,- warnings concerning the presence of certain sweeteners in foodstuffs,shall be adopted in accordance with the procedure laid down in Article 7 before expiry of the time limit laid down in the first indent of Article 9 (1).Article 71. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Standing Committee for Foodstuffs (hereinafter referred to as 'the Committee`) by the chairman on his own initiative or at the request of the representative of a Member State.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 81. Within three years of adoption of this Directive, in accordance with the general criteria of point 4 of Annex II to Directive 89/107/EEC, Member States shall establish a system of consumer surveys to monitor sweetener consumption.The details of this monitoring system shall be coordinated in accordance with the procedure laid down in Article 7.2. Within five years of adoption of this Directive, the Commission shall submit to the European Parliament and the Council a report, based on information obtained through the monitoring system referred to in paragraph 1, on changes in the sweeteners market, levels of use, and whether there is a further need to restrict conditions of use, including by means of appropriate warnings to consumers, to ensure that use does not exceed the acceptable daily intake. If necessary, the report shall be accompanied by proposals for amendment to this Directive.Article 91. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1995. These measures are intended to:- allow, not later than 31 December 1995, trade in and use of products conforming to this Directive,- prohibit, not later than 30 June 1996, trade in and use of products not conforming to this Directive; products put on the market or labelled before that date which do not comply with this Directive may, however, be marketed until stocks are exhausted.They shall inform the Commission forthwith thereof.2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.Article 10This Directive shall enter into force on the date of its publication in the Official Journal of the European Communities.Article 11This Directive is addressed to the Member States.Done at Brussels, 30 June 1994.For the European ParliamentThe PresidentE. KLEPSCHFor the CouncilThe PresidentA. BALTAS(1) OJ No L 40, 11. 2. 1989, p. 27. Directive as amended by Directive 94/34/EC (see page 1 of this Official Journal).(2) OJ No C 206, 13. 8. 1992, p. 3.(3) OJ No C 332, 16. 12. 1992, p. 10.(4) Opinion of the European Parliament of 29 October 1993 (OJ No C 305, 23. 11. 1993), confirmed on 2 December 1993 (OJ No C 342, 20. 12. 1993), Council common position of 11 November 1993 (not yet published in the Official Journal) and Decision of the European Parliament of 9 March 1994 (OJ No C 91, 28. 3. 1994, p. 81).(5) OJ No L 186, 30. 6. 1989, p. 27.ANNEX >TABLE>


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31990L0679

Council Directive 90/679/EEC of 26 November 1990 on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Official Journal L 374 , 31/12/1990 P. 0001 - 0012 Finnish special edition: Chapter 5 Volume 5 P. 0025  Swedish special edition: Chapter 5 Volume 5 P. 0025

COUNCIL DIRECTIVEof 26 November  1990on the protection of workers from risks related to exposure to biological agents at work  (seventh individual Directive within the meaning of Article 16 (1) of Directive  89/391/EEC)(90/679/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  118a thereof, Having regard to the proposal from the Commission (1), drawn up after consulting the Advisory  Committee on Safety, Hygiene and Health Protection at Work, In cooperation with the European Parliament (2)Having regard to the Opinion of the Economic and  Social Committee (3), Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of Directives,  minimum requirements in order to encourage improvements, especially in the working environment, so  as to guarantee better protection of the health and safety of workers; Whereas that Article provides that such Directives shall avoid imposing administrative, financial  and legal constraints in a way which would hold back the creation and development of small and  medium-sized undertakings; Whereas the Council Resolution of 27 February 1984 on a second action programme of the European  Communities on safety and health at work (4) provides for the development ofprotective measures  for workers exposed to dangerous agents; Whereas the communication from the Commission on its programme concerning safety, hygiene and  health at work (5) provides for the adoption of Directives to guarantee the safety and health of  workers; Whereas compliance with the minimum requirements designed to guarantee a better standard of safety  and health as regards the protection of workers from the risks related to exposure to biological  agents at work is essential to ensure the safety and health of workers; Whereas this Directive is an individual Directive within the meaning of Article 16 (1) of Council  Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in  the safety and health of workers at work (6); whereas the provisions of that Directive are  therefore fully applicable to the exposure of workers to biological agents, without prejudice to  more stringent and/or specific provisions contained in the present Directive; Whereas more precise knowledge of the risks involved in exposure to biological agents at work can  be obtained through the keeping of records; Whereas employers must keep abreast of new developments in technology with a view to improving the  protection of workers' health and safety; Whereas preventive measures should be taken for the protection of the health and safety of workers  exposed to biological agents; Whereas this Directive constitutes a practical aspect of the realization of the social dimension of  the internal market; Whereas, pursuant to Decision 74/325/EEC (1), the Advisory Committee on Safety, Hygiene and Health  Protection at Work is consulted by the Commission on the drafting of proposals in this field, HAS ADOPTED THIS DIRECTIVE:SECTION IGENERAL PROVISIONS Article 1Objective1.   This Directive, which is the seventh individual Directive within the meaning of Article 16 (1) of  Directive 89/391/EEC, has as its aim the protection of workers against risks to their health and  safety, including the prevention of such risks, arising or likely to arise from exposure to  biological agents at work. It lays down particular minimum provisions in this area. 2.  Directive 89/391/EEC shall apply fully to the whole area referred to in paragraph 1, without  prejudice to more stringent and/or specific provisions contained in this Directive. 3.  This Directive shall apply without prejudice to the provisions of Council Directive 90/219/EEC  of 23 April 1990 on the contained use of genetically modified micro-organisms (2) and of Council  Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically  modified organisms (3). Article 2DefinitionsFor the purpose of this Directive: (a)  'biological agents` shall mean micro-organisms, including those which have been genetically  modified, cell cultures and human endoparasites, which may be able to provoke any infection, allergy or  toxicity; (b)'micro-organism` shall mean a microbiological entity, cellular or non-cellular, capable of  replication or of transferring genetic material; (c)'cell culture` shall mean the in-vitro growth of cells derived from multicellular organisms; (d)'biological agents` shall be classified into four risk groups, according to their level of risk  of infection: 1.  group 1 biological agent means one that is unlikely to cause human disease; 2.  group 2 biological agent means one that can cause human disease and might be a hazard to  workers; it is unlikely to spread to the community; there is usually effective prophylaxis or  treatment available; 3.  group 3 biological agent means one that can cause severe human disease and present a serious  hazard to workers; it may present a risk of spreading to the community, but there is usually  effective prophylaxis or treatment available; 4.  group 4 biological agent means one that causes severe human disease and is a serious hazard to  workers; it may present a high risk of spreading to the community; there is usually no effective  prophylaxis or treatment available. Article 3Scope - Determination and assessment of risks1.   This Directive shall apply to activities in which workers are or are potentially exposed to  biological agents as a result of their work. 2. (a)  In the case of any activity likely to involve a risk of exposure to biological agents, the  nature, degree and duration of workers' exposure must be determined in order to make it possible to  assess any risk to the workers' health or safety and to lay down the measures to be taken. (b)In the case of activities involving exposure to several groups of biological agents, the risk  shall be assessed on the basis of the danger presented by all hazardous biological agents present. (c)The assessment must be renewed regularly and in any event when any change occurs in the  conditions which may affect workers' exposure to biological agents. (d)The employer must supply the competent authorities, at their request, with the information used  for making the assessment. 3.  The assessment referred to in paragraph 2 shall be conducted on the basis of all available  information including: - classification of biological agents which are or may be a hazard to human health, as referred to  in Article 18; - recommendations from a competent authority which indicate that the biological agent should be  controlled in order to protect workers'  health when workers are or may be exposed to such a  biological agent as a result of their work; - information on diseases which may be contracted as a result of the work of the workers; - potential allergenic or toxigenic effects as a result of the work of the workers; - knowledge of a disease from which a worker is found to be suffering and which has a direct  connection with his work. Article 4Application of the various Articles in relation to assessment  of risks1.  If the results of the assessment referred to in Article 3 show that the exposure  and/or potential exposure is to a group 1 biological agent, with no identifiable health risk to  workers, Articles 5 to 17 and Article 19 shall not apply. However, point 1 of Annex VI should be observed. 2.  If the results of the assessment referred to in Article 3 show that the activity does not  involve a deliberate intention to work with or use a biological agent but may result in the workers  being exposed to a biological agent, as in the course of the activities for which an indicative  list is given in Annex I, Aricles 5, 7, 8, 10, 11, 12, 13 and 14 shall apply unless the results of  the assessment referred to in Article 3 show them to be unnecessary. SECTION IIEMPLOYERS' OBLIGATIONS Article 5ReplacementThe employer shall avoid the use of a  harmful biological agent if the nature of the activity so permits, by replacing it with a  biological agent which, under its conditions of use, is not dangerous or is less dangerous to  workers' health, as the case may be, in the present state of knowledge. Article 6Reduction of  risks1.  Where the results of the assessment referred to in Article 3 reveal a risk to workers'  health or safety, workers' exposure must be prevented. 2.  Where this is not technically practicable, having regard to the activity and the risk  assessment referred to in Article 3, the risk of exposure must be reduced to as low a level as  necessary in order to protect adequately the health and safety of the workers concerned, in  particular by the following measures which are to be applied in the light of the results of the  assessment referred to in Article 3: (a)  keeping as low as possible the number of workers exposed or likely to be exposed; (b)design of work processes and engineering control measures so as to avoid or minimize the  release of biological agents into the place of work; (c)collective protection measures and/or, where exposure cannot be avoided by other means,  individual protection measures; (d)hygiene measures compatible with the aim of the prevention or reduction of the accidental  transfer or release of a biological agent from the workplace; (e)use of the biohazard sign depicted in Annex II and other relevant warning signs; (f)drawing up plans to deal with accidents involving biological agents; (g)testing, where it is necessary and technically possible, for the presence, outside the primary  physical confinement, of biological agents used at work; (h)means for safe collection, storage and disposal of waste by workers, including the use of  secure and identifiable containers, after suitable treatment where appropriate; (i)arrangements for the safe handling and transport of biological agents within the workplace.  Article 7Information for the competent authority1.  Where the results of the assessment referred  to in Article 3 reveal a risk to workers' health or safety, employers shall, when requested, make  available to the competent authority appropriate information on: - the results of the assessment; - the activities in which workers have been exposed or may have been exposed to biological agents; - the number of workers exposed; - the name and capabilities of the person responsible for safety and health at work; - the protective and preventive measures taken, including working procedures and methods; - an emergency plan for the protection of workers from exposure to a group 3 or a group 4  biological agent which might result from a loss of physical containment. 2.  Employers shall inform forthwith the competent authority of any accident or incident which may  have resulted in the release of a biological agent and which could cause severe human infection  and/or illness. 3.  The list referred to in Article 11 and the medical record referred to in Article 14 shall be  made available to the competent authority in cases where the undertaking ceases activity, in  accordance with national laws and/or practice. Article 8Hygiene and individual protection1.   Employers shall be obliged, in the case of all activities for which there is a risk to the health  or safety of workers due to work with biological agents, to take appropriate measures to ensure  that: (a)  workers do not eat or drink in working areas where there is a risk of contamination by  biological agents; (b)workers are provided with appropriate protective clothing or other appropriate special  clothing; (c)workers are provided with appropriate and adequate washing and toilet facilities, which may  include eye washes and/or skin antiseptics; (d)any necessary protective equipment is: - properly stored in a well-defined place; - checked and cleaned if possible before, and in any case after, each use; - is repaired, where defective, or is replaced before further use; (e)procedures are specified for taking, handling and processing samples of human or animal  origin. 2. (a)  Working clothes and protective equipment, including protective clothing referred to in  paragraph 1, which may be contaminated by biological agents, must be removed on leaving the working  area and, before taking the measures referred to in subparagraph (b), kept separately from other  clothing. (b)The employer must ensure that such clothing and protective equipment is decontaminated and  cleaned or, if necessary, destroyed. 3.  Workers may not be charged for the cost of the measures referred to in paragraphs 1 and 2.  Article 9Information and training of workers1.  Appropriate measures shall be taken by the  employer to ensure that workers and/or any workers' representatives in the undertaking or  establishment receive sufficient and appropriate training, on the basis of all available  information, in particular in the form of information and instructions, concerning: (a)  potential risks to health; (b)precautions to be taken to prevent exposure; (c)hygiene requirements; (d)wearing and use of protective equipment and clothing; (e)steps to be taken by workers in the case of incidents and to prevent incidents. 2.  The training shall be: - given at the beginning of work involving contact with biological agents, - adapted to take account of new or changed risks, and- repeated periodically if necessary.  Article 10Worker information in particular cases1.  Employers shall provide written instructions  at the workplace and, if appropriate, display notices which shall, as a minimum, include the  procedure to be followed in the case of: - a serious accident or incident involving the handling of a biological agent; - handling a group 4 biological agent. 2.  Workers shall immediately report any accident or incident involving the handling of a  biological agent to the person in charge or to the person responsible for safety and health at  work. 3.  Employers shall inform forthwith the workers and/or any workers' representatives of any  accident or incident which may have resulted in the release of a biological agent and which could  cause severe human infection and/or illness. In addition, employers shall inform the workers and/or any workers' representatives in the  undertaking or establishment as quickly as possible when a serious accident or incident occurs, of  the causes thereof, and of the measures taken or to be taken to rectify the situation. 4.  Each worker shall have access to the information on the list referred to in Article 11 which  relates to him personally. 5.  Workers and/or any workers' representatives in the undertaking or establishment shall have  access to anonymous collective information. 6.  Employers shall provide workers and/or their representatives, at their request, with the  information provided for in Article 7 (1). Article 11List of exposed workers1.  Employers shall keep a list of workers exposed to group 3  and/or group 4 biological agents, indicating the type of work done and, whenever possible, the  biological agent to which they have been exposed, as well as records of exposures, accidents and  incidents, as appropriate. 2.  The list referred to in paragraph 1 shall be kept for at least 10 years following the end of  exposure, in accordance with national laws and/or practice. In the case of those exposures which may result in infections: - with biological agents known to be capable of establishing persistent or latent infections, - that, in the light of present knowledge, are undiagnosable until illness develops many years  later, - that have particularly long incubation periods before illness develops, - that result in illnesses which recrudesce at times over a long period despite treatment, or-  that may have serious long-term sequelae, the list shall be kept for an appropriately longer time up to 40 years following the last known  exposure. 3.  The doctor referred to in Article 14 and/or the competent authority for health and safety at  work, and any other person responsible for health and safety at work, shall have access to the list  referred to in paragraph 1. Article 12Consultation and participation of workersConsultation and  participation of workers and/or their representatives in connection with matters covered by this  Directive including the Annexes shall take place in accordance with Article 11 of Directive  89/391/EEC. Article 13Notification to the competent authority1.  Prior notification shall be  made to the competent authority of the use for the first time of: - group 2 biological agents, - group 3 biological agents, - group 4 biological agents. The notification shall be made at least 30 days before the commencement of the work. Subject to paragraph 2, prior notification shall also be made of the use for the first time of each  subsequent group 4 biological agent and of any subsequent new group 3 biological agent where the  employer himself provisionally classifies that biological agent. 2.  Laboratories providing a diagnostic service in relation to group 4 biological agents shall be  required only to make an initial notification of their intention. 3.  Renotification must take place in any case where there are substantial changes of importance to  safety or health at work to processes and/or procedures which render the notification out of date. 4.  The notification referred to in this Article shall include: (a)  the name and address of the undertaking and/or establishment; (b)the name and capabilities of the person responsible for safety and health at work; (c)the results of the assessment referred to in Article 3; (d)the species of the biological agent; (e)the protection and preventive measures that are envisaged. SECTION IIIMISCELLANEOUS PROVISIONS Article 14Health surveillance1.  The Member States shall  establish, in accordance with national laws and practice, arrangements for carrying out relevant  health surveillance of workers for whom the results of the assessment referred to in Article 3  reveal a risk to health or safety. 2.  The arrangements referred to in paragraph 1 shall be such that each worker shall be able to  undergo, if appropriate, relevant health surveillance: - prior to exposure, - at regular intervals thereafter. Those arrangements shall be such that it is directly possible to implement individual and  occupational hygiene measures. 3.  The assessment referred to in Article 3 should identify those workers for whom special  protective measures may be required. When necessary, effective vaccines should be made available for those workers who are not already  immune to the biological agent to which they are exposed or are likely to be exposed. If a worker is found to be suffering from an infection and/or illness which is suspected to be the  result of exposure, the doctor or authority responsible for health surveillance of workers shall  offer such surveillance to other workers who have been similarly exposed. In that event, a reassessment of the risk of exposure shall be carried out in accordance with  Article 3. 4.  In cases where health surveillance is carried out, an individual medical record shall be kept  for at least 10 years following the end of exposure, in accordance with national laws and  practice. In the special cases referred to in Article 11 (2) second subparagraph, an individual medical  record shall be kept for an appropriately longer time up to 40 years following the last known  exposure. 5.  The doctor or authority responsible for health surveillance shall propose any protective or  preventive measures to be taken in respect of any individual worker. 6.  Information and advice must be given to workers regarding any health surveillance which they  may undergo following the end of exposure. 7.  In accordance with national laws and/or practice: - workers shall have access to the results of the health surveillance which concern them, and- the  workers concerned or the employer may request a review of the results of the health surveillance. 8.  Practical recommendations for the health surveillance of workers are given in Annex IV. 9.  All cases of diseases or death identified in accordance with national laws and/or practice as  resulting from occupational exposure to biological agents shall be notified to the competent  authority. Article 15Health and veterinary care facilities other than diagnostic laboratories1.  For the  purpose of the assessment referred to in Article 3, particular attention should be paid to: (a)  uncertainties about the presence of biological agents in human patients or animals and the  materials and specimens taken from them; (b)the hazard represented by biological agents known or suspected to be present in human patients  or animals and materials and specimens taken from them; (c)the risks posed by the nature of the work. 2.  Appropriate measures shall be taken in health and veterinary care facilities in order to  protect the health and safety of the workers concerned. The measures to be taken shall include in particular: (a)  specifying appropriate decontamination and disinfection procedures, and(b)  implementing  procedures enabling contaminated waste to be handled and disposed of without risk. 3.  In isolation facilities where there are human patients or animals who are, or who are suspected  of being, infected with group 3 or group 4 biological agents, containment measures shall be  selected from those in Annex V column A, in oder to minimize the risk of infection. Article  16Special measures for industrial processes, laboratories and animal rooms1.  The following  measures must be taken in laboratories, including diagnostic laboratories, and in rooms for  laboratory animals which have been deliberately infected with group 2, 3 or 4 biological agents or  which are or are suspected to be carriers of such agents: (a)  Laboratories carrying out work which involves the handling of group 2, 3 or 4 biological  agents for research, development, teaching or diagnostic purposes shall determine the containment  measures in accordance with Annex V, in order to minimize the risk of infection. (b)Following the assessment referred to in Article 3, measures shall be determined in accordance  with Annex V, after fixing the physical containment levelrequired for the biological agents  according to the degree of risk. Activities involving the handling of a biological agent must be carried out: - only in working areas corresponding to at least containment level 2, for a group 2 biological  agent; - only in working areas corresponding to at least containment level 3, for a group 3 biological  agent; - only in working areas corresponding to at least containment level 4, for a group 4 biological  agent. (c)Laboratories handling materials in respect of which there exist uncertainties about the  presence of biological agents which may cause human disease but which do not have as their aim  working with biological agents as such (i.e. cultivating or concentrating them) should adopt  containment level 2 at least. Containment levels 3 or 4 must be used, when appropriate, where it is  known or it is suspected that they are necessary, except where guidelines provided by the competent  national authorities show that, in certain cases, a lower containment level is appropriate. 2.  The following measures concerning industrial processes using group 2, 3 or 4 biological agents  must be taken: (a)  The containment principles set out in the second subparagraph of paragraph 1 (b) should also  apply to industrial processes on the basis of the practical measures and appropriate procedures  given in Annex VI. (b)In accordance with the assessment of the risk linked to the use of group 2, 3 or 4 biological  agents, the competent authorities may decide on appropriate measures which must be applied to the  industrial use of such biological agents. (c)For all activities covered by this Article where it has not been possible to carry out a  conclusive assessment of a biological agent but concerning which it appears that the use envisaged  might involve a serious health risk for workers, activities may only be carried out in workplaces  where the containment level corresponds at least to level 3. Article 17Use of dataThe Commission  shall have access to the use made by the competent national authorities of the information referred  to in Article 14 (9). Article 18Classification of biological agents1.  In accordance with the procedure laid down in  Article 118a of the Treaty, the Council shall adopt within six months of the date of implementation  given in Article 20 (1) a first list of group 2, group 3 and group 4 biological agents for Annex  III. 2.  Community classification shall be on the basis of the definitions in Article 2 (d) points 2 to  4 (groups 2 to 4). 3.  Pending Community classification Member States shall classify biological agents that are or may  be a hazard to human health on the basis of the definition in Article 2 (d) points 2 to 4 (groups 2  to 4). 4.  If the biological agent to be assessed cannot be classified clearly in one of the groups  defined in Article 2 (d), it must be classified in the highest risk group among the alternatives.  Article 19AnnexesPurely technical adjustments to the Annexes in the light of technical progress,  changes in international regulations orspecifications and new findings in the field of biological  agents shall be adopted in accordance with the procedure laid down in Article 17 of Directive  89/391/EEC. Article 20Final provisions1.  Member States shall bring into force the laws,  regulations and administrative provisions necessary to comply with this Directive not later than  three years after the notification of this Directive (1). They shall forthwith inform the  Commission thereof. However, in the case of the Portuguese Republic, the time limit referred to in the first  subparagraph shall be five years. 2.  Member States shall communicate to the Commission the provisions of national law already  adopted or which they adopt in the field governed by this Directive. Article 21This Directive is  addressed to the Member States. Done at Brussels, 26 November 1990. For the CouncilThe PresidentC. DONAT CATTIN(1) OJ N° C 150, 8. 6. 1988, p.  6. (2) OJ N° C 158, 26. 6. 1989, p. 92. (3) OJ N° C 56, 6. 3. 1989, p. 38. (4) OJ N° C 67, 8. 3. 1984, p. 2. (5) OJ N° C 28, 3. 2. 1988, p. 1. (6) OJ N° L 183, 29. 6. 1989, p. 1. (1) OJ N° L 185, 9. 7. 1974, p. 15. (2) OJ N° L 117, 8. 5. 1990, p. 1. (3) OJ N° L 117, 8. 5. 1990, p. 15. (1) This Directive was notified to the Member States on 29 November 1990.  ANNEX I INDICATIVE LIST OF ACTIVITIES (Article 4 (2))1.  Work in food production  plants. 2.  Work in agriculture. 3.  Work activities where there is contact with animals and/or products of animal origin. 4.  Work in health care, including isolation and post mortem units. 5.  Work in clinical, veterinary and diagnostic laboratories, excluding diagnostic microbiological  laboratories. 6.  Work in refuse disposal plants. 7.  Work in sewage purification installations.  ANNEX II BIOHAZARD SIGN (Article 6 (2) (e))>START OF GRAPHIC><?aeFN9,6"END OF GRAPHIC>  ANNEX III COMMUNITY CLASSIFICATION (Articles 18 and 2 (d))for the record ANNEX IV PRACTICAL RECOMMENDATIONS FOR THE HEALTH SURVEILLANCE OF WORKERS (Article 14  (8))1.  The doctor and/or the authority responsible for the health surveillance of workers  exposed to biological agents must be familiar with the exposure conditions or circumstances of each  worker. 2.  Health surveillance of workers must be carried out in accordance with the principles and  practices of occupational medicine; it must include at least the following measures: - keeping records of a worker's medical and occupational history; - a personalized assessment of the workers' state of health; - where appropriate, biological monitoring, as well as detection of early and reversible effects. Further tests may be decided upon for each worker when he is the subject of health surveillance, in  the light of the most recent knowledge available to occupational medicine.  ANNEX V INDICATIONS CONCERNING CONTAINMENT MEASURES AND CONTAINMENT LEVELS (Articles 15  (3) and 16 (1) (a) and (b))Preliminary noteThe measures contained in this Annex shall be applied  according to the nature of the activities, the assessment of risk to workers, and the nature of the  biological agent concerned.>TABLE> ANNEX VI CONTAINMENT FOR INDUSTRIAL PROCESSES (Article 4 (1) and Article 16 (2)  (a))Group 1 biological agentsFor work with group 1 biological agents including life attenuated  vaccines, the principles of good occupational safety and hygiene should be observed. Group 2, 3 and 4 biological agentsIt may be appropriate to select and combine containment  requirements from different categories below on the basis of a risk assessment related to any  particular process or part of a process.>TABLE>


title: Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services

text:
               21.12.2004

               EN

               Official Journal of the European Union

               L 373/37

      COUNCIL DIRECTIVE 2004/113/EC
   of 13 December 2004
   implementing the principle of equal treatment between men and women in the access to and supply of goods and services
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community and in particular Article 13(1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Having regard to the Opinion of the European Economic and Social Committee (2),
   Having regard to the opinion of the Committee of the Regions (3),
   Whereas:

               (1)

               In accordance with Article 6 of the Treaty on European Union, the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States, and respects fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States as general principles of Community law.

               (2)

               The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination and the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are signatories.

               (3)

               While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context and the freedom of religion.

               (4)

               Equality between men and women is a fundamental principle of the European Union. Articles 21 and 23 of the Charter of Fundamental Rights of the European Union prohibit any discrimination on grounds of sex and require equality between men and women to be ensured in all areas.

               (5)

               Article 2 of the Treaty establishing the European Community provides that promoting such equality is one of the Community's essential tasks. Similarly, Article 3(2) of the Treaty requires the Community to aim to eliminate inequalities and to promote equality between men and women in all its activities.

               (6)

               The Commission announced its intention of proposing a directive on sex discrimination outside of the labour market in its Communication on the Social Policy Agenda. Such a proposal is fully consistent with Council Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001-2005) (4) covering all Community policies and aimed at promoting equality for men and women by adjusting these policies and implementing practical measures to improve the situation of men and women in society.

               (7)

               At its meeting in Nice of 7 and 9 December 2000, the European Council called on the Commission to reinforce equality-related rights by adopting a proposal for a directive on promoting gender equality in areas other than employment and professional life.

               (8)

               The Community has adopted a range of legal instruments to prevent and combat sex discrimination in the labour market. These instruments have demonstrated the value of legislation in the fight against discrimination.

               (9)

               Discrimination based on sex, including harassment and sexual harassment, also takes place in areas outside of the labour market. Such discrimination can be equally damaging, acting as a barrier to the full and successful integration of men and women into economic and social life.

               (10)

               Problems are particularly apparent in the area of the access to and supply of goods and services. Discrimination based on sex, should therefore be prevented and eliminated in this area. As in the case of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial and ethnic origin (5), this objective can be better achieved by means of Community legislation.

               (11)

               Such legislation should prohibit discrimination based on sex in the access to and supply of goods and services. Goods should be taken to be those within the meaning of the provisions of the Treaty establishing the European Community relating to the free movement of goods. Services should be taken to be those within the meaning of Article 50 of that Treaty.

               (12)

               To prevent discrimination based on sex, this Directive should apply to both direct discrimination and indirect discrimination. Direct discrimination occurs only when one person is treated less favourably, on grounds of sex, than another person in a comparable situation. Accordingly, for example, differences between men and women in the provision of healthcare services, which result from the physical differences between men and women, do not relate to comparable situations and therefore, do not constitute discrimination.

               (13)

               The prohibition of discrimination should apply to persons providing goods and services, which are available to the public and which are offered outside the area of private and family life and the transactions carried out in this context. It should not apply to the content of media or advertising nor to public or private education.

               (14)

               All individuals enjoy the freedom to contract, including the freedom to choose a contractual partner for a transaction. An individual who provides goods or services may have a number of subjective reasons for his or her choice of contractual partner. As long as the choice of partner is not based on that person's sex, this Directive should not prejudice the individual's freedom to choose a contractual partner.

               (15)

               There are already a number of existing legal instruments for the implementation of the principle of equal treatment between men and women in matters of employment and occupation. Therefore, this Directive should not apply in this field. The same reasoning applies to matters of self-employment insofar as they are covered by existing legal instruments. The Directive should apply only to insurance and pensions which are private, voluntary and separate from the employment relationship.

               (16)

               Differences in treatment may be accepted only if they are justified by a legitimate aim. A legitimate aim may, for example, be the protection of victims of sex-related violence (in cases such as the establishment of single-sex shelters), reasons of privacy and decency (in cases such as the provision of accommodation by a person in a part of that person's home), the promotion of gender equality or of the interests of men or women (for example single-sex voluntary bodies), the freedom of association (in cases of membership of single-sex private clubs), and the organisation of sporting activities (for example single-sex sports events). Any limitation should nevertheless be appropriate and necessary in accordance with the criteria derived from case law of the Court of Justice of the European Communities.

               (17)

               The principle of equal treatment in the access to goods and services does not require that facilities should always be provided to men and women on a shared basis, as long as they are not provided more favourably to members of one sex.

               (18)

               The use of actuarial factors related to sex is widespread in the provision of insurance and other related financial services. In order to ensure equal treatment between men and women, the use of sex as an actuarial factor should not result in differences in individuals' premiums and benefits. To avoid a sudden readjustment of the market, the implementation of this rule should apply only to new contracts concluded after the date of transposition of this Directive.

               (19)

               Certain categories of risks may vary between the sexes. In some cases, sex is one but not necessarily the only determining factor in the assessment of risks insured. For contracts insuring those types of risks, Member States may decide to permit exemptions from the rule of unisex premiums and benefits, as long as they can ensure that underlying actuarial and statistical data on which the calculations are based, are reliable, regularly up-dated and available to the public. Exemptions are allowed only where national legislation has not already applied the unisex rule. Five years after transposition of this Directive, Member States should re-examine the justification for these exemptions, taking into account the most recent actuarial and statistical data and a report by the Commission three years after the date of transposition of this Directive.

               (20)

               Less favourable treatment of women for reasons of pregnancy and maternity should be considered a form of direct discrimination based on sex and therefore prohibited in insurance and related financial services. Costs related to risks of pregnancy and maternity should therefore not be attributed to the members of one sex only.

               (21)

               Persons who have been subject to discrimination based on sex should have adequate means of legal protection. To provide a more effective level of protection, associations, organisations and other legal entities should also be empowered to engage in proceedings, as the Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.

               (22)

               The rules on the burden of proof should be adapted when there is a prima facie case of discrimination and for the principle of equal treatment to be applied effectively, the burden of proof should shift back to the defendant when evidence of such discrimination is brought.

               (23)

               The effective implementation of the principle of equal treatment requires adequate judicial protection against victimisation.

               (24)

               With a view to promoting the principle of equal treatment, Member States should encourage dialogue with relevant stakeholders, which have, in accordance with national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of sex in the area of access to and supply of goods and services.

               (25)

               Protection against discrimination based on sex should itself be strengthened by the existence of a body or bodies in each Member State, with competence to analyse the problems involved, to study possible solutions and to provide concrete assistance for the victims. The body or bodies may be the same as those with responsibility at national level for the defence of human rights or the safeguarding of individuals' rights, or the implementation of the principle of equal treatment.

               (26)

               This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. The implementation of this Directive should not serve to justify any regression in relation to the situation, which already prevails in each Member State.

               (27)

               Member States should provide for effective, proportionate and dissuasive penalties in cases of breaches of the obligations under this Directive.

               (28)

               Since the objectives of this Directive, namely to ensure a common high level of protection against discrimination in all the Member States, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale and effects of the action, 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.

               (29)

               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 interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between the Directive and the transposition measures and to make them public,

         HAS ADOPTED THIS DIRECTIVE:
   CHAPTER I
   GENERAL PROVISIONS
   Article 1
   Purpose
   The purpose of this Directive is to lay down a framework for combating discrimination based on sex in access to and supply of goods and services, with a view to putting into effect in the Member States the principle of equal treatment between men and women.
   Article 2
   Definitions
   For the purposes of this Directive, the following definitions shall apply:

               (a)

               direct discrimination: where one person is treated less favourably, on grounds of sex, than another is, has been or would be treated in a comparable situation;

               (b)

               indirect discrimination: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary;

               (c)

               harassment: where an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment;

               (d)

               sexual harassment: where any form of unwanted physical, verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

         Article 3
   Scope
   1.   Within the limits of the powers conferred upon the Community, this Directive shall apply to all persons who provide goods and services, which are available to the public irrespective of the person concerned as regards both the public and private sectors, including public bodies, and which are offered outside the area of private and family life and the transactions carried out in this context.
   2.   This Directive does not prejudice the individual's freedom to choose a contractual partner as long as an individual's choice of contractual partner is not based on that person's sex.
   3.   This Directive shall not apply to the content of media and advertising nor to education.
   4.   This Directive shall not apply to matters of employment and occupation. This Directive shall not apply to matters of self-employment, insofar as these matters are covered by other Community legislative acts.
   Article 4
   Principle of equal treatment
   1.   For the purposes of this Directive, the principle of equal treatment between men and women shall mean that

               (a)

               there shall be no direct discrimination based on sex, including less favourable treatment of women for reasons of pregnancy and maternity;

               (b)

               there shall be no indirect discrimination based on sex.

         2.   This Directive shall be without prejudice to more favourable provisions concerning the protection of women as regards pregnancy and maternity.
   3.   Harassment and sexual harassment within the meaning of this Directive shall be deemed to be discrimination on the grounds of sex and therefore prohibited. A person's rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person.
   4.   Instruction to direct or indirect discrimination on the grounds of sex shall be deemed to be discrimination within the meaning of this Directive.
   5.   This Directive shall not preclude differences in treatment, if the provision of the goods and services exclusively or primarily to members of one sex is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
   Article 5
   Actuarial factors
   1.   Member States shall ensure that in all new contracts concluded after 21 December 2007 at the latest, the use of sex as a factor in the calculation of premiums and benefits for the purposes of insurance and related financial services shall not result in differences in individuals' premiums and benefits.
   2.   Notwithstanding paragraph 1, Member States may decide before 21 December 2007 to permit proportionate differences in individuals' premiums and benefits where the use of sex is a determining factor in the assessment of risk based on relevant and accurate actuarial and statistical data. The Member States concerned shall inform the Commission and ensure that accurate data relevant to the use of sex as a determining actuarial factor are compiled, published and regularly updated. These Member States shall review their decision five years after 21 December 2007, taking into account the Commission report referred to in Article 16, and shall forward the results of this review to the Commission.
   3.   In any event, costs related to pregnancy and maternity shall not result in differences in individuals' premiums and benefits.
   Member States may defer implementation of the measures necessary to comply with this paragraph until two years after 21 December 2007 at the latest. In that case the Member States concerned shall immediately inform the Commission.
   Article 6
   Positive action
   With a view to ensuring full equality in practice between men and women, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to sex.
   Article 7
   Minimum requirements
   1.   Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment between men and women than those laid down in this Directive.
   2.   The implementation of this Directive shall in no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the fields covered by this Directive.
   CHAPTER II
   REMEDIES AND ENFORCEMENT
   Article 8
   Defence of rights
   1.   Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of the obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
   2.   Member States shall introduce into their national legal systems such measures as are necessary to ensure real and effective compensation or reparation, as the Member States so determine, for the loss and damage sustained by a person injured as a result of discrimination within the meaning of this Directive, in a way which is dissuasive and proportionate to the damage suffered. The fixing of a prior upper limit shall not restrict such compensation or reparation.
   3.   Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.
   4.   Paragraphs 1 and 3 shall be without prejudice to national rules on time limits for bringing actions relating to the principle of equal treatment.
   Article 9
   Burden of proof
   1.   Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment.
   2.   Paragraph 1 shall not prevent Member States from introducing rules of evidence, which are more favourable to plaintiffs.
   3.   Paragraph 1 shall not apply to criminal procedures.
   4.   Paragraphs 1, 2 and 3 shall also apply to any proceedings brought in accordance with Article 8(3).
   5.   Member States need not apply paragraph 1 to proceedings in which it is for the court or other competent authority to investigate the facts of the case.
   Article 10
   Victimisation
   Member States shall introduce into their national legal systems such measures as are necessary to protect persons from any adverse treatment or adverse consequence as a reaction to a complaint or to legal proceedings aimed at enforcing compliance with the principle of equal treatment.
   Article 11
   Dialogue with relevant stakeholders
   With a view to promoting the principle of equal treatment, Member States shall encourage dialogue with relevant stakeholders which have, in accordance with national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of sex in the area of access to and supply of goods and services.
   CHAPTER III
   BODIES FOR THE PROMOTION OF EQUAL TREATMENT
   Article 12
   1.   Member States shall designate and make the necessary arrangements for a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds of sex. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, or the implementation of the principle of equal treatment.
   2.   Member States shall ensure that the competencies of the bodies referred to in paragraph 1 include:

               (a)

               without prejudice to the rights of victims and of associations, organisations or other legal entities referred to in Article 8(3), providing independent assistance to victims of discrimination in pursuing their complaints about discrimination;

               (b)

               conducting independent surveys concerning discrimination;

               (c)

               publishing independent reports and making recommendations on any issue relating to such discrimination.

         CHAPTER IV
   FINAL PROVISIONS
   Article 13
   Compliance
   Member States shall take the necessary measures to ensure that the principle of equal treatment is respected in relation to the access to and supply of goods and services within the scope of this Directive, and in particular that:

               (a)

               any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished;

               (b)

               any contractual provisions, internal rules of undertakings, and rules governing profit-making or non-profit-making associations contrary to the principle of equal treatment are, or may be, declared null and void or are amended.

         Article 14
   Penalties
   Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are applied. The penalties, which may comprise the payment of compensation to the victim, shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 21 December 2007 at the latest and shall notify it without delay of any subsequent amendment affecting them.
   Article 15
   Dissemination of information
   Member States shall take care that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force, are brought to the attention of the persons concerned by all appropriate means throughout their territory.
   Article 16
   Reports
   1.   Member States shall communicate all available information concerning the application of this Directive to the Commission, by 21 December 2009. and every five years thereafter.
   The Commission shall draw up a summary report, which shall include a review of the current practices of Member States in relation to Article 5 with regard to the use of sex as a factor in the calculation of premiums and benefits. It shall submit this report to the European Parliament and to the Council no later 21 December 2010. Where appropriate, the Commission shall accompany its report with proposals to modify the Directive.
   2.   The Commission's report shall take into account the viewpoints of relevant stakeholders.
   Article 17
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 December 2007 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such publication of reference shall be laid down by the 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.
   Article 18
   Entry into force
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 19
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 13 December 2004.

            For the Council

            The President

         B. R. BOT

      (1)  Opinion delivered on 30 March 2004 (not yet published in the Official Journal).

      (2)  OJ C 241, 28.9.2004, p. 44.

      (3)  OJ C 121, 30.4.2004, p. 27.

      (4)  OJ L 17, 19.1.2001, p. 22.

      (5)  OJ L 180, 19.7.2000, p. 22.

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


Avis juridique important

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31983L0307

Commission Directive 83/307/EEC of 13 June 1983 amending the Annex to Council Directive 69/73/EEC on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing

Official Journal L 162 , 22/06/1983 P. 0020 - 0025 Spanish special edition: Chapter 02 Volume 10 P. 0020  Portuguese special edition Chapter 02 Volume 10 P. 0020

*****COMMISSION  DIRECTIVE  of 13 June 1983  amending the Annex to Council Directive 69/73/EEC on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing  (83/307/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 69/73/EEC on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing (1), as last amended by Directive 83/89/EEC (2), and in particular Article 18 (4) thereof,  Whereas Council Directive 83/89/EEC added to Directive 69/73/EEC an Annex, in the form of an enumerated list of compensating or intermediate products which may be released into free circulation under the conditions provided for in Article 18 of this Directive;  Whereas, with regard to serial numbers 42 and 57 of the list annexed to Directive 69/73/EEC, the compensating products found in column 2 of the abovementioned list and resulting from processing operations listed in column 3, are those for which the authorization had been granted and which are intended for export; whereas there is no justification for the granting of the benefits provided for in Article 18 of Directive 69/73/EEC to these products; whereas the list in question should accordingly be amended;  Whereas, for reasons of clarity, it is desirable to reproduce, in its entirety, the list annexed to Directive 69/73/EEC in its amended form;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Customs Processing Arrangements,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annex to Directive 69/73/EEC is hereby replaced by the Annex to this Directive.  Article 2  Member States shall take the necessary measures to comply with this Directive not later than 1 July 1983.  Article 3  Member States shall inform the Commission of the measures they take for the implementation of this Directive.  The Commission shall communicate this information to the other Member States.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 13 June 1983.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (1) OJ No L 58, 8. 3. 1969, p. 1.  (2) OJ No L 59, 5. 3. 1983, p. 1.  ANNEX  'ANNEX  List of compensating products to which Article 18 applies when these products are released for free circulation  1.2.3 //   //   //   // No  // Tariff heading and description of the compensating products  // Processing operations from which they result  //   //   //   // 1  // 2  // 3 1.2.3.4 //  //   //   //   //   //   //   //   // 1  // Chapter 2  // Edible meat offals  // Any working or processing  // 2  // 02.01  // Off-cuts from operations shown in column 3  // Cutting meat from animals of Chapter 1 into portions  // 3  // 03.01  // Off-cuts from operations shown in column 3  // Sawing frozen fillet blocks  // 4  // 04.01 A I  // Whey  // Processing fresh milk  // 5  // 04.02 A I  // Whey in powder, not containing added sugar  // Manufacture of lactose from concentrated whey  // 6  // 04.05 A  // Un-fertilized eggs  // Incubation and hatching of day-old chicks  // 7  // 05.02  // Pigs', hogs' and boars' bristles or hair; badger hair and other brush-making hair; waste of such bristles and hair  // Any working or processing  // 8  // 05.03  // Horsehair and horsehair waste, whether or not put up on a layer or between two layers of other material  // Any working or processing  // 9  // 05.04  // Guts, bladders and stomachs of animals (other than fish) whole and pieces thereof  // Slaughtering animals of Chapter 1  // 10  // 05.05  // Fish waste  // Any working or processing  // 11  // 05.07 B  // Powder and waste of feathers or parts of feathers  // Any working or processing  // 12  // 05.08  // Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinized powder and waste of these products  // Any working or processing  // 13  // 05.09  // Horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape, and waste and powder of these products; whalebone and the like, unworked or simply prepared but not cut to shape and hair and waste of these products  // Any working or processing  // 14  // 05.12  // Powder and waste of shells  // Any working or processing  // 15  // 05.14  // Animal products, fresh, chilled or frozen or otherwise provisionally preserved, of a kind used in the preparation of pharmaceutical products  // Slaughtering and cutting animals of Chapter 1  // 16  // 05.15 B  // Heads  // Slaughtering and cutting animals of Chapter 1  // 17  // 05.15 B  // Blood  // Slaughtering animals of Chapter 1  // 18  // 05.15 B  // Eggshells  // Separating eggs from shells  // 19  // 05.15 B  // Scraps of rind  // Skinning of pigmeat  // 20  // 09.01 A  // Broken coffee  // Working or processing raw coffee  // 21  // 09.01 B  // Husks and skins  // Roasting raw coffee  // 22  // 09.02 B  // Tea powder  // Working or processing raw tea; putting into tea-bags  // 23  // 10.06 B III  // Broken rice  // Working or processing of rice 1.2.3 //   //   //   // No  // Tariff heading and description of the compensating products  // Processing operations from which they result  //   //   //   // 1  // 2  // 3 1.2.3.4 //  //   //   //   //   // 24  // 11.02 D  // Grains, not otherwise worked than kibbled  // Working or processing cereals by milling, including malting  // 25  // 11.02 G  // Germ of cereals  // Working or processing cereals by milling, including malting  // 26  // 11.09  // Wheat gluten, whether or not dried  // Working or processing wheat by milling  // 27  // 15.01 A  // Lard and other pig fat  // Slaughtering swine, cutting and boning; rendering bacon  // 28  // 15.02  // Fats of bovine cattle, sheep or goats  // Slaughtering bovine cattle, sheep or goats, cutting and boning  // 29  // 15.04  // Fish oils  // Processing fish into fillets  // 30  // 15.06  // Other animal oils and fats  // Removing fat from stags' shoulders  // 31  // 15.07 D II b) 2 aa)  // Maize (germ) oil  // Processing maize  // 32  // 15.10  // Industrial fatty acids, acid oils from refining  // 1. Refining animal and vegetable oils and fats 2. Bleaching, de-acidifying and hardening products under 1  // 33  // 15.10 A  // Stearic acid  // Manufacturing erucic acid  // 34  // 15.11  // Glycerol  // 1. Refining crude vegetable oils, fats from bones and fats from carcasses 2. Bleaching, de-acidifying and hardening products under 1  // 35  // 15.17 B  // Residues resulting from the treatment of fatty substances or animal or vegetable waxes  // Any working or processing  // 36  // 17.02 B II b)  // Waste from starch sugar  // Processing maize into glucose  // 37  // 17.03  // Molasses  // Processing sugars  // 38  // 18.02  // Cocoa shells, husks, skins and waste  // Any working or processing  // 39  // 21.06 A and B  // Natural yeasts  // Producing beer from malted barley  // 40  // 22.09 A  // Heads and tails from distillation (undenatured ethyl alcohol of an alcoholic strength of less than 80 % vol) and distilled wine (heads and tails from distillation, unconcentrated)  // Distilling crude ethyl alcohol from molasses or wine  // 41  // Chapter 23  // Residues and waste from the food industries  // Any working or processing  // 42  // 24.01  // Ribs, stalks, waste from tobacco  // Manufacturing cigarettes, cigars, cheroots or smoking tobacco; blending of tobacco  // 43  // 25.26  // Mica waste  // Any working or processing  // 44  // 26.02  // Slag, dross, scalings and similar waste from the manufacture of iron or steel  // Any working or processing  // 45  // 26.03  // Ash and residues (other than from the manufacture of iron or steel), containing metals or metallic compounds  // Any working or processing  // 46  // 26.04  // Other slag and ash, including kelp  // Any working or processing  // 47  // 27.05 bis  // Gas  // Carbonizing coal  // 48  // 27.06  // Tar distilled from coal and other mineral tars, including partially distilled tars and blended tars  // Carbonizing coal  // 49  // 27.07  // First runnings and residues from distillation  // Distilling phenols 1.2.3 //   //   //   // No  // Tariff heading and description of the compensating products  // Processing operations from which they result  //   //   //   // 1  // 2  // 3 1.2.3.4 //  //   //   //   //   // 50  // 27.11 B II  // Gas from dehydrogenation and other gaseous hydrocarbons  // Manufacturing polystrene from ethyl benzene  // 51  // 27.12 A  // Crude petroleum jelly  // Refining crude paraffin  // 52  // 27.13 B  // Other mineral waxes, whether or not coloured  // Any working or processing  // 53  // 27.14  // Petroleum bitumen, petroleum coke and other residues of petroleum oils or of oils obtained from bituminous minerals  // Any working or processing  // 54  // 28.06  // Hydrochloric acid  // Manufacturing various chemical products from fluorspar, hydrogen fluoride, 2,6-diisopropylaniline, and from silicon tetrachloride  // 55  // 28.08  // Sulphuric acid  // Manufacturing sulphonamides from hydrogen fluoride  // 56  // 28.13 G  // Carbon dioxide  // 1. Manufacturing beer from malted barley 2. Producing ethyl alcohol from cereals  // 57  // 28.13 IJ  // Hexafluorosilicic acid (fluorosilicic acid)  // Processing fluorspar into hydrogen fluoride  // 58  // 28.14 A II  // Silicon tetrachloride  // Manufacturing silanes, silicones and their derivatives from silicon  // 59  // 28.28 C I  // Calcium hydroxide  // Processing calcium carbide into acetylene and calcium cyanamide  // 60  // 28.38 A VIII  // Calcium sulphate  // Processing fluorspar into hydrogen fluoride  // 61  // 29.01 D I  // Toluene  // Manufacturing polystyrene from ethylbenzene  // 62  // 29.01 D VII  // alpha-Methylstyrene  // Manufacturing acetone or phenol from cumene  // 63  // 29.02  // Halogenated derivatives of hydrocarbons  // Manufacturing products based on hydrogen fluoride  // 64  // 29.03  // Sulphonated, nitrated or nitrosated derivatives of hydrocarbons  // Manufacturing products based on hydrogen fluoride  // 65  // 29.04 A I  // Methanol  // Manufacturing industrial fatty alcohols from coconut oil  // 66  // 29.08  // Ethers, ether-alcohols and other products falling within heading No 29.08  // Manufacturing products based on hydroquinone  // 67  // 29.14 A II a)  // Acetic acid  // Manufacturing vitamins from acetic anhydride  // 68  // 29.44 A  // Penicillin, impure (residues from sieving)  // Manufacturing tablets of penicillin V potassium  // 69  // 38.07 B  // Crude dipentene  // Manufacturing anhydroperoxide of pinene, isobornylacetate, camphor or camphene from alphapinene  // 70  // 38.08 B  // Rosin spirits and oils  // Manufacturing rosin sodium soaps and rosin potassium  // 71  // 38.19 A  // Fusel oil  // Manufacturing ethyl alcohol of an alcoholic strength of not less than 80 % vol from crude ethyl alcohol of molasses of an alcoholic strength of not less than 80 % vol  // 72  // 38.19 X  // Camphor oils  // Manufacturing camphor from alphapinene  // 73  // 38.19 X  // Residues from freeing of caffeine (mixture of coffee wax, crude caffeine and water); crude caffeine  // Freeing caffeine from coffee  // 74  // 38.19 X  // Residues of calcined gypsum  // Manufacturing hydrogen fluoride, fluorides and cryolite from fluorspar  // 75  // 38.19 X  // Molasses, freed of sugar  // Manufacturing citric acid from white sugar  // 76  // 38.19 X  // Sodium sulphate in solution  // Manufacturing oxystearic acid from crude castor oil 1.2.3 //   //   //   // No  // Tariff heading and description of the compensating products  // Processing operations from which they result  //   //   //   // 1  // 2  // 3 1.2.3.4 //  //   //   //   //   // 77  // Chapter 39  // Scrap and waste  // Any working or processing  // 78  // 40.04  // Waste and parings of unhardened rubber; scrap of unhardened rubber fit only for the recovery of rubber  // Any working or processing  // 79  // 40.15 B  // Scrap, waste and powder of hardened rubber  // Any working or processing  // 80  // 41.01  // Raw hides and skins (fresh, salted, dried, pickled or limed), whether or not split, including sheepskins in the wool  // Skinning animals of Chapter 1  // 81  // 41.09  // Parings and other waste, of leather or of composition or parchment-dressed leather, not suitable for the manufacture of articles of leather; leather dust, powder and flour  // Any working or processing  // 82  // 43.02 B  // Pieces or cuttings, of furskin, tanned or dressed, including heads, paws, tails and the like (not being fabricated)  // Manufacturing furs  // 83  // Chapter 44  // Wood waste and cuttings of wood, including sawdust  // Any working or processing  // 84  // 45.01  // Waste cork  // Any working or processing  // 85  // 47.02  // Waste paper and paperboard; scrap articles of paper or of paperboard, fit only for use in paper-making  // Any working or processing  // 86  // Section XI  // Woven and knitted fabrics, finished, with evident faults (so-called "second choice goods")  // Working and processing woven and knitted fabrics of all kinds  // 87  // 50.03  // Silk waste (including cocoons unsuitable for reeling, silk noils and pulled or garnetted rags)  // Any working or processing  // 88  // 53.03  // Waste of sheep's or lambs' wool or of other animal hair (fine or coarse), not pulled or garnetted  // Any working or processing  // 89  // 53.04  // Waste of sheep's or lambs' wool or of other animal hair (fine or coarse), pulled or garnetted (including pulled or garnetted rags)  // Any working or processing  // 90  // 54.01  // Flax tow and waste (including pulled or garnetted rags)  // Any working or processing  // 91  // 54.02  // Ramie noils and waste (including pulled or garnetted rags)  // Any working or processing  // 92  // 55.03  // Cotton waste (including pulled or garnetted rags), not carded or combed  // Any working or processing  // 93  // 56.01  // Acrylic and viscose fibres (of inferior quality with evident faults)  // Manufacturing acrylic and viscose textile fibres from naphthene or hydroquinone  // 94  // 56.03  // Waste (including yarn waste and pulled or garnetted rags) of man-made fibres (continuous or discontinuous), not carded, combed or otherwise prepared for spinning  // Any working or processing  // 95  // 57.01  // Tow and waste of true hemp (including pulled or garnetted rags or ropes)  // Any working or processing 1.2.3 //   //   //   // No  // Tariff heading and description of the compensating products  // Processing operations from which they result  //   //   //   // 1  // 2  // 3 1.2.3.4 //  //   //   //   //   // 96  // 57.02  // Tow and waste of manila hemp (including pulled or garnetted rags or ropes)  // Any working or processing  // 97  // 57.03  // Tow and waste (including pulled or garnetted rags or ropes) falling under this tariff heading  // Any working or processing  // 98  // 57.04  // Waste of fibres (including pulled or garnetted rags or ropes) falling under this tariff heading  // Any working or processing  // 99  // 63,02  // Used or new rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables  // Any working or processing  // 100  // 70.01 A  // Waste glass (cullet)  // Any working or processing  // 101  // 71.04  // Dust and powder of natural or synthetic precious or semi-precious stones  // Any working or processing  // 102  // 71.11  // Goldsmiths', silversmiths' and jewellers' sweepings, residues, lemels, and other waste and scrap, of precious metal  // Any working or processing  // 103  // 73.02 C  // Residues from sieving ferro-silicon  // Manufacturing silicon-tetrachloride and silicon-dioxide  // 104  // 73.03  // Waste and scrap metal of iron or steel  // Any working or processing  // 105  // 73.13 B I  // Off-cuts of steel, unalloyed, from the cutting of hot-rolled wide strips  // Manufacturing hot-rolled wide strip from ingots of laminated slabs of unalloyed steel  // 106  // 73.15 B  // Recoverable off-cuts from bars of alloyed steel  // Manufacturing screws, bolts or nuts from bars of alloyed steel  // 107  // 73.15 B VII a) 1  // Off-cuts of alloyed steel from the cutting of so-called "electrical" sheets  // Manufacturing transformers from "electrical" sheets  // 108  // 73.15 B VII b) 1  // Off-cuts of alloyed steel from the cutting of hot-rolled wide strips  // Manufacturing hot-rolled wide strip from ingots or laminated slabs  // 109  // 74.01  // Copper waste and scrap  // Any working or processing  // 110  // 75.01  // Nickel waste and scrap  // Any working or processing  // 111  // 76.01 B  // Aluminium waste and scrap  // Any working or processing  // 112  // 77.01 B  // Magnesium waste (excluding shavings of uniform size) and scrap  // Any working or processing  // 113  // 77.04 A  // Beryllium waste and scrap  // Any working or processing  // 114  // 78.01 B  // Lead waste and scrap  // Any working or processing  // 115  // 78.04 A I  // Recoverable waste from lead foil coated on both sides  // Manufacturing lead foil coated on both sides for photographical use from vinyl sheets and coating paper  // 116  // 79.01 B  // Zinc waste and scrap  // Any working or processing  // 117  // 80.01  // Tin waste and scrap  // Any working or processing  // 118  // 81.01 A  // Tungsten (wolfram) waste and scrap  // Any working or processing  // 119  // 81.02 A  // Molybdenum waste and scrap  // Any working or processing  // 120  // 81.03 A  // Tantalum waste and scrap  // Any working or processing  // 121  // 81.04  // Waste and scrap of other base metals  // Any working or processing'  //  //   //   //50  27.11 B II  GAS FROM DEHYDROGENATION AND OTHER GASEOUS HYDROCARBONS  MANUFACTURING POLYSTRENE FROM ETHYL BENZENE  51  27.12 A  CRUDE PETROLEUM JELLY  REFINING CRUDE PARAFFIN  52  27.13 B  OTHER MINERAL WAXES, WHETHER OR NOT COLOURED  ANY WORKING OR PROCESSING  53  27.14  PETROLEUM BITUMEN, PETROLEUM COKE AND OTHER RESIDUES OF PETROLEUM OILS OR OF OILS OBTAINED FROM BITUMINOUS MINERALS  ANY WORKING OR PROCESSING  54  28.06  HYDROCHLORIC ACID  MANUFACTURING VARIOUS CHEMICAL PRODUCTS FROM FLUORSPAR, HYDROGEN FLUORIDE, 2,6-DIISOPROPYLANILINE, AND FROM SILICON TETRACHLORIDE  55  28.08  SULPHURIC ACID  MANUFACTURING SULPHONAMIDES FROM HYDROGEN FLUORIDE  56  28.13 G  CARBON DIOXIDE  1 . MANUFACTURING BEER FROM MALTED BARLEY 2 . PRODUCING ETHYL ALCOHOL FROM CEREALS  57  28.13 IJ  HEXAFLUOROSILICIC ACID ( FLUOROSILICIC ACID )  PROCESSING FLUORSPAR INTO HYDROGEN FLUORIDE  58  28.14 A II  SILICON TETRACHLORIDE  MANUFACTURING SILANES, SILICONES AND THEIR DERIVATIVES FROM SILICON  59  28.28 C I  CALCIUM HYDROXIDE  PROCESSING CALCIUM CARBIDE INTO ACETYLENE AND CALCIUM CYANAMIDE  60  28.38 A VIII  CALCIUM SULPHATE  PROCESSING FLUORSPAR INTO HYDROGEN FLUORIDE  61  29.01 D I  TOLUENE  MANUFACTURING POLYSTYRENE FROM ETHYLBENZENE  62  29.01 D VII  ALPHA-METHYLSTYRENE  MANUFACTURING ACETONE OR PHENOL FROM CUMENE  63  29.02  HALOGENATED DERIVATIVES OF HYDROCARBONS  MANUFACTURING PRODUCTS BASED ON HYDROGEN FLUORIDE  64  29.03  SULPHONATED, NITRATED OR NITROSATED DERIVATIVES OF HYDROCARBONS  MANUFACTURING PRODUCTS BASED ON HYDROGEN FLUORIDE  65  29.04 A I  METHANOL  MANUFACTURING INDUSTRIAL FATTY ALCOHOLS FROM COCONUT OIL  66  29.08  ETHERS, ETHER-ALCOHOLS AND OTHER PRODUCTS FALLING WITHIN HEADING NO 29.08  MANUFACTURING PRODUCTS BASED ON HYDROQUINONE  67  29.14 A II A )  ACETIC ACID  MANUFACTURING VITAMINS FROM ACETIC ANHYDRIDE  68  29.44 A  PENICILLIN, IMPURE ( RESIDUES FROM SIEVING )  MANUFACTURING TABLETS OF PENICILLIN V POTASSIUM  69  38.07 B  CRUDE DIPENTENE  MANUFACTURING ANHYDROPEROXIDE OF PINENE, ISOBORNYLACETATE, CAMPHOR OR CAMPHENE FROM ALPHAPINENE  70  38.08 B  ROSIN SPIRITS AND OILS  MANUFACTURING ROSIN SODIUM SOAPS AND ROSIN POTASSIUM  71  38.19 A  FUSEL OIL  MANUFACTURING ETHYL ALCOHOL OF AN ALCOHOLIC STRENGTH OF NOT LESS THAN 80 % VOL FROM CRUDE ETHYL ALCOHOL OF MOLASSES OF AN ALCOHOLIC STRENGTH OF NOT LESS THAN 80 % VOL  72  38.19 X  CAMPHOR OILS  MANUFACTURING CAMPHOR FROM ALPHAPINENE  73  38.19 X  RESIDUES FROM FREEING OF CAFFEINE ( MIXTURE OF COFFEE WAX, CRUDE CAFFEINE AND WATER ); CRUDE CAFFEINE  FREEING CAFFEINE FROM COFFEE  74  38.19 X  RESIDUES OF CALCINED GYPSUM  MANUFACTURING HYDROGEN FLUORIDE, FLUORIDES AND CRYOLITE FROM FLUORSPAR  75  38.19 X  MOLASSES, FREED OF SUGAR  MANUFACTURING CITRIC ACID FROM WHITE SUGAR  76  38.19 X  SODIUM SULPHATE IN SOLUTION  MANUFACTURING OXYSTEARIC ACID FROM CRUDE CASTOR OIL  1.2.3 //  //  //  NO  TARIFF HEADING AND DESCRIPTION OF THE COMPENSATING PRODUCTS  PROCESSING OPERATIONS FROM WHICH THEY RESULT  //  //  //  1  2  3  1.2.3.4 //  //  //  //  //  77  CHAPTER 39  SCRAP AND WASTE  ANY WORKING OR PROCESSING  78  40.04  WASTE AND PARINGS OF UNHARDENED RUBBER; SCRAP OF UNHARDENED RUBBER FIT ONLY FOR THE RECOVERY OF RUBBER  ANY WORKING OR PROCESSING  79  40.15 B  SCRAP, WASTE AND POWDER OF HARDENED RUBBER  ANY WORKING OR PROCESSING  80  41.01  RAW HIDES AND SKINS ( FRESH, SALTED, DRIED, PICKLED OR LIMED ), WHETHER OR NOT SPLIT, INCLUDING SHEEPSKINS IN THE WOOL  SKINNING ANIMALS OF CHAPTER 1  81  41.09  PARINGS AND OTHER WASTE, OF LEATHER OR OF COMPOSITION OR PARCHMENT-DRESSED LEATHER, NOT SUITABLE FOR THE MANUFACTURE OF ARTICLES OF LEATHER; LEATHER DUST, POWDER AND FLOUR  ANY WORKING OR PROCESSING  82  43.02 B  PIECES OR CUTTINGS, OF FURSKIN, TANNED OR DRESSED, INCLUDING HEADS, PAWS, TAILS AND THE LIKE ( NOT BEING FABRICATED )  MANUFACTURING FURS  83  CHAPTER 44  WOOD WASTE AND CUTTINGS OF WOOD, INCLUDING SAWDUST  ANY WORKING OR PROCESSING  84  45.01  WASTE CORK  ANY WORKING OR PROCESSING  85  47.02  WASTE PAPER AND PAPERBOARD; SCRAP ARTICLES OF PAPER OR OF PAPERBOARD, FIT ONLY FOR USE IN PAPER-MAKING  ANY WORKING OR PROCESSING  86  SECTION XI  WOVEN AND KNITTED FABRICS, FINISHED, WITH EVIDENT FAULTS ( SO-CALLED SECOND CHOICE GOODS ")  WORKING AND PROCESSING WOVEN AND KNITTED FABRICS OF ALL KINDS  87  50.03  SILK WASTE ( INCLUDING COCOONS UNSUITABLE FOR REELING, SILK NOILS AND PULLED OR GARNETTED RAGS )  ANY WORKING OR PROCESSING  88  53.03  WASTE OF SHEEP'S OR LAMBS' WOOL OR OF OTHER ANIMAL HAIR ( FINE OR COARSE ), NOT PULLED OR GARNETTED  ANY WORKING OR PROCESSING  89  53.04  WASTE OF SHEEP'S OR LAMBS' WOOL OR OF OTHER ANIMAL HAIR ( FINE OR COARSE ), PULLED OR GARNETTED ( INCLUDING PULLED OR GARNETTED RAGS )  ANY WORKING OR PROCESSING  90  54.01  FLAX TOW AND WASTE ( INCLUDING PULLED OR GARNETTED RAGS )  ANY WORKING OR PROCESSING  91  54.02  RAMIE NOILS AND WASTE ( INCLUDING PULLED OR GARNETTED RAGS )  ANY WORKING OR PROCESSING  92  55.03  COTTON WASTE ( INCLUDING PULLED OR GARNETTED RAGS ), NOT CARDED OR COMBED  ANY WORKING OR PROCESSING  93  56.01  ACRYLIC AND VISCOSE FIBRES ( OF INFERIOR QUALITY WITH EVIDENT FAULTS )  MANUFACTURING ACRYLIC AND VISCOSE TEXTILE FIBRES FROM NAPHTHENE OR HYDROQUINONE  94  56.03  WASTE ( INCLUDING YARN WASTE AND PULLED OR GARNETTED RAGS ) OF MAN-MADE FIBRES ( CONTINUOUS OR DISCONTINUOUS ), NOT CARDED, COMBED OR OTHERWISE PREPARED FOR SPINNING  ANY WORKING OR PROCESSING  95  57.01  TOW AND WASTE OF TRUE HEMP ( INCLUDING PULLED OR GARNETTED RAGS OR ROPES )  ANY WORKING OR PROCESSING  1.2.3 //  //  //  NO  TARIFF HEADING AND DESCRIPTION OF THE COMPENSATING PRODUCTS  PROCESSING OPERATIONS FROM WHICH THEY RESULT  //  //  //  1  2  3  1.2.3.4 //  //  //  //  //  96  57.02  TOW AND WASTE OF MANILA HEMP ( INCLUDING PULLED OR GARNETTED RAGS OR ROPES )  ANY WORKING OR PROCESSING  97  57.03  TOW AND WASTE ( INCLUDING PULLED OR GARNETTED RAGS OR ROPES ) FALLING UNDER THIS TARIFF HEADING  ANY WORKING OR PROCESSING  98  57.04  WASTE OF FIBRES ( INCLUDING PULLED OR GARNETTED RAGS OR ROPES ) FALLING UNDER THIS TARIFF HEADING  ANY WORKING OR PROCESSING  99  63,02  USED OR NEW RAGS, SCRAP TWINE, CORDAGE, ROPE AND CABLES AND WORN OUT ARTICLES OF TWINE, CORDAGE, ROPE OR CABLES  ANY WORKING OR PROCESSING  100  70.01 A  WASTE GLASS ( CULLET )  ANY WORKING OR PROCESSING  101  71.04  DUST AND POWDER OF NATURAL OR SYNTHETIC PRECIOUS OR SEMI-PRECIOUS STONES  ANY WORKING OR PROCESSING  102  71.11  GOLDSMITHS', SILVERSMITHS' AND JEWELLERS' SWEEPINGS, RESIDUES, LEMELS, AND OTHER WASTE AND SCRAP, OF PRECIOUS METAL  ANY WORKING OR PROCESSING  103  73.02 C  RESIDUES FROM SIEVING FERRO-SILICON  MANUFACTURING SILICON-TETRACHLORIDE AND SILICON-DIOXIDE  104  73.03  WASTE AND SCRAP METAL OF IRON OR STEEL  ANY WORKING OR PROCESSING  105  73.13 B I  OFF-CUTS OF STEEL, UNALLOYED, FROM THE CUTTING OF HOT-ROLLED WIDE STRIPS  MANUFACTURING HOT-ROLLED WIDE STRIP FROM INGOTS OF LAMINATED SLABS OF UNALLOYED STEEL  106  73.15 B  RECOVERABLE OFF-CUTS FROM BARS OF ALLOYED STEEL  MANUFACTURING SCREWS, BOLTS OR NUTS FROM BARS OF ALLOYED STEEL  107  73.15 B VII A ) 1  OFF-CUTS OF ALLOYED STEEL FROM THE CUTTING OF SO-CALLED ELECTRICAL" SHEETS  MANUFACTURING TRANSFORMERS FROM ELECTRICAL" SHEETS  108  73.15 B VII B ) 1  OFF-CUTS OF ALLOYED STEEL FROM THE CUTTING OF HOT-ROLLED WIDE STRIPS  MANUFACTURING HOT-ROLLED WIDE STRIP FROM INGOTS OR LAMINATED SLABS109  74.01  COPPER WASTE AND SCRAP  ANY WORKING OR PROCESSING  110  75.01  NICKEL WASTE AND SCRAP  ANY WORKING OR PROCESSING  111  76.01 B  ALUMINIUM WASTE AND SCRAP  ANY WORKING OR PROCESSING  112  77.01 B  MAGNESIUM WASTE ( EXCLUDING SHAVINGS OF UNIFORM SIZE ) AND SCRAP  ANY WORKING OR PROCESSING  113  77.04 A  BERYLLIUM WASTE AND SCRAP  ANY WORKING OR PROCESSING  114  78.01 B  LEAD WASTE AND SCRAP  ANY WORKING OR PROCESSING  115  78.04 A I  RECOVERABLE WASTE FROM LEAD FOIL COATED ON BOTH SIDES  MANUFACTURING LEAD FOIL COATED ON BOTH SIDES FOR PHOTOGRAPHICAL USE FROM VINYL SHEETS AND COATING PAPER  116  79.01 B  ZINC WASTE AND SCRAP  ANY WORKING OR PROCESSING  117  80.01  TIN WASTE AND SCRAP  ANY WORKING OR PROCESSING  118  81.01 A  TUNGSTEN ( WOLFRAM ) WASTE AND SCRAP  ANY WORKING OR PROCESSING  119  81.02 A  MOLYBDENUM WASTE AND SCRAP  ANY WORKING OR PROCESSING  120  81.03 A  TANTALUM WASTE AND SCRAP  ANY WORKING OR PROCESSING  121  81.04  WASTE AND SCRAP OF OTHER BASE METALS  ANY WORKING OR PROCESSING'  //  //  //  //