title: Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research

text:
               3.11.2005

               EN

               Official Journal of the European Union

               L 289/15

      COUNCIL DIRECTIVE 2005/71/EC

   of 12 October 2005
   on a specific procedure for admitting third-country nationals for the purposes of scientific research
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) and (4) 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)

               With a view to consolidating and giving structure to European research policy, the Commission considered it necessary in January 2000 to establish the European Research Area as the lynchpin of the Community’s future action in this field.

               (2)

               Endorsing the European Research Area, the Lisbon European Council in March 2000 set the Community the objective of becoming the most competitive and dynamic knowledge-based economy in the world by 2010.

               (3)

               The globalisation of the economy calls for greater mobility of researchers, something which was recognised by the sixth framework programme of the European Community (4), when it opened up its programmes further to researchers from outside the European Union.

               (4)

               The number of researchers which the Community will need by 2010 to meet the target set by the Barcelona European Council in March 2002 of 3 % of GDP invested in research is estimated at 700 000. This target is to be met through a series of interlocking measures, such as making scientific careers more attractive to young people, promoting women’s involvement in scientific research, extending the opportunities for training and mobility in research, improving career prospects for researchers in the Community and opening up the Community to third-country nationals who might be admitted for the purposes of research.

               (5)

               This Directive is intended to contribute to achieving these goals by fostering the admission and mobility for research purposes of third-country nationals for stays of more than three months, in order to make the Community more attractive to researchers from around the world and to boost its position as an international centre for research.

               (6)

               Implementation of this Directive should not encourage a brain drain from emerging or developing countries. Back-up measures to support researchers’ reintegration into their countries of origin as well as the movement of researchers should be taken in partnership with the countries of origin with a view to establishing a comprehensive migration policy.

               (7)

               For the achievement of the objectives of the Lisbon process it is also important to foster the mobility within the Union of researchers who are EU citizens, and in particular researchers from the Member States which acceded in 2004, for the purpose of carrying out scientific research.

               (8)

               Given the openness imposed by changes in the world economy and the likely requirements to meet the 3 % of GDP target for investment in research, third-country researchers potentially eligible under this Directive should be defined broadly in accordance with their qualifications and the research project which they intend to carry out.

               (9)

               As the effort to be made to achieve the said 3 % target largely concerns the private sector, which must therefore recruit more researchers in the years to come, the research organisations potentially eligible under this Directive belong to both the public and private sectors.

               (10)

               Each Member State should ensure that the most comprehensive information possible, regularly kept up to date, is made publicly available, via the Internet in particular, on the research organisations, approved under this Directive, with which researchers could conclude a hosting agreement, and on the conditions and procedures for entry and residence on its territory for the purposes of carrying out research, as adopted under this Directive.

               (11)

               It is appropriate to facilitate the admission of researchers by establishing an admission procedure which does not depend on their legal relationship with the host research organisation and by no longer requiring a work permit in addition to a residence permit. Member States could apply similar rules for third-country nationals requesting admission for the purposes of teaching in a higher education establishment in accordance with national legislation or administrative practice, in the context of a research project.

               (12)

               At the same time, the traditional avenues of admission (such as employment and traineeship) should be maintained, especially for doctoral students carrying out research as students, who should be excluded from the scope of this Directive and are covered by Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (5).

               (13)

               The specific procedure for researchers is based on collaboration between the research organisations and the immigration authorities in the Member States: it gives the former a key role in the admission procedure with a view to facilitating and speeding up the entry and residence of third-country researchers in the Community while preserving Member States’ prerogatives with respect to immigration policing.

               (14)

               Research organisations approved in advance by the Member States should be able to sign a hosting agreement with a third-country national for the purposes of carrying out a research project. Member States will issue a residence permit on the basis of the hosting agreement if the conditions for entry and residence are met.

               (15)

               In order to make the Community more attractive to third-country researchers, they should be granted, during their stay, equal social and economic rights with nationals of the host Member State in a number of areas and the possibility to teach in higher education establishments.

               (16)

               This Directive adds a very important improvement in the field of social security as the non-discrimination principle also applies directly to persons coming to a Member State directly from a third country. Nevertheless, this Directive should not confer more rights than those already provided in existing Community legislation in the field of social security for third-country nationals who have cross-border elements between Member States. This Directive furthermore should not grant rights in relation to situations which lie outside the scope of Community legislation like for example family members residing in a third country.

               (17)

               It is important to foster the mobility of third-country nationals admitted for the purposes of carrying out scientific research as a means of developing and consolidating contacts and networks between partners and establishing the role of the European Research Area at world level. Researchers should be able to exercise mobility under the conditions established by this Directive. The conditions for exercising mobility under this Directive should not affect the rules currently governing recognition of the validity of the travel documents.

               (18)

               Special attention should be paid to the facilitation and support of the preservation of the unity of family members of the researchers, according to the Council Recommendation of 12 October 2005 to facilitate the admission of third-country nationals to carry out scientific research in the European Community (6).

               (19)

               In order to preserve family unity and to enable mobility, family members should be able to join the researcher in another Member State under the conditions determined by the national law of such Member State, including its obligations arising from bilateral or multilateral agreements.

               (20)

               Holders of residence permits should be in principle allowed to submit an application for admission while remaining on the territory of the Member State concerned.

               (21)

               Member States should have the right to charge applicants for the processing of applications for residence permits.

               (22)

               This Directive should not affect in any circumstances the application of Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (7).

               (23)

               The objectives of this Directive, namely the introduction of a special admission procedure and the adoption of conditions of entry and residence applicable to third-country nationals for stays of more than three months in the Member States for the purposes of conducting a research project under a hosting agreement with a research organisation, cannot be sufficiently achieved by the Member States, especially as regards ensuring mobility between Member States, and can therefore be better achieved by the Community. The Community is therefore entitled to take measures in accordance with the subsidiarity principle laid down in Article 5 of the Treaty. In accordance with the principle of proportionality set out in that article, this Directive does not go beyond what is necessary to achieve those objectives.

               (24)

               Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation.

               (25)

               This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

               (26)

               In accordance with paragraph 34 of the Interinstitutional agreement on better law-making, Member States will be 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 this Directive and the transposition measures, and to make them public.

               (27)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and the Treaty establishing the European Community, Ireland has given notice by letter of 1 July 2004 of its wish to participate in the adoption and application of this Directive.

               (28)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, the United Kingdom is not participating in the adoption of this Directive and is not bound by it or subject to its application.

               (29)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Directive, and is not bound by it or subject to its application,

         HAS ADOPTED THIS DIRECTIVE:
   CHAPTER I
   GENERAL PROVISIONS
   Article 1
   Purpose
   This Directive lays down the conditions for the admission of third-country researchers to the Member States for more than three months for the purposes of carrying out a research project under hosting agreements with research organisations.
   Article 2
   Definitions
   For the purposes of this Directive:

               (a)

               ‘third-country national’ means any person who is not a Union citizen within the meaning of Article 17(1) of the Treaty;

               (b)

               ‘research’ means creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use of this stock of knowledge to devise new applications;

               (c)

               ‘research organisation’ means any public or private organisations which conducts research and which has been approved for the purposes of this Directive by a Member State in accordance with the latter's legislation or administrative practice;

               (d)

               ‘researcher’ means a third-country national holding an appropriate higher education qualification, which gives access to doctoral programmes, who is selected by a research organisation for carrying out a research project for which the above qualification is normally required;

               (e)

               ‘residence permit’ means any authorisation bearing the term ‘researcher’ issued by the authorities of a Member State allowing a third-country national to stay legally on its territory, in accordance with Article 1(2)(a) of Regulation (EC) No 1030/2002.

         Article 3
   Scope
   1.   This Directive shall apply to third-country nationals who apply to be admitted to the territory of a Member State for the purpose of carrying out a research project.
   2.   This Directive shall not apply to:

               (a)

               third-country nationals staying in a Member State as applicants for international protection or under temporary protection schemes;

               (b)

               third-country nationals applying to reside in a Member State as students within the meaning of Directive 2004/114/EC in order to carry out research leading to a doctoral degree;

               (c)

               third-country nationals whose expulsion has been suspended for reasons of fact or law;

               (d)

               researchers seconded by a research organisation to another research organisation in another Member State.

         Article 4
   More favourable provisions
   1.   This Directive shall be without prejudice to more favourable provisions of:

               (a)

               bilateral or multilateral agreements concluded between the Community or between the Community and its Member States on the one hand and one or more third countries on the other;

               (b)

               bilateral or multilateral agreements concluded between one or more Member States and one or more third countries.

         2.   This Directive shall not affect the right of Member States to adopt or retain more favourable provisions for persons to whom it applies.
   CHAPTER II
   RESEARCH ORGANISATIONS
   Article 5
   Approval
   1.   Any research organisation wishing to host a researcher under the admission procedure laid down in this Directive shall first be approved for that purpose by the Member State concerned.
   2.   The approval of the research organisations shall be in accordance with procedures set out in the national law or administrative practice of the Member States. Applications for approval by both public and private organisations shall be made in accordance with those procedures and be based on their statutory tasks or corporate purposes as appropriate and on proof that they conduct research.
   The approval granted to a research organisation shall be for a minimum period of five years. In exceptional cases, Member States may grant approval for a shorter period.
   3.   Member States may require, in accordance with national legislation, a written undertaking of the research organisation that in cases where a researcher remains illegally in the territory of the Member State concerned, the said organisation is responsible for reimbursing the costs related to his/her stay and return incurred by public funds. The financial responsibility of the research organisation shall end at the latest six months after the termination of the hosting agreement.
   4.   Member States may provide that, within two months of the date of expiry of the hosting agreement concerned, the approved organisation shall provide the competent authorities designated for the purpose by the Member States with confirmation that the work has been carried out for each of the research projects in respect of which a hosting agreement has been signed pursuant to Article 6.
   5.   The competent authorities in each Member State shall publish and update regularly lists of the research organisations approved for the purposes of this Directive.
   6.   A Member State may, among other measures, refuse to renew or decide to withdraw the approval of a research organisation which no longer meets the conditions laid down in paragraphs 2, 3 and 4 or in cases where the approval has been fraudulently acquired or where a research organisation has signed a hosting agreement with a third-country national fraudulently or negligently. Where approval has been refused or withdrawn, the organisation concerned may be banned from reapplying for approval up to five years from the date of publication of the decision on withdrawal or non-renewal.
   7.   Member States may determine in their national legislation the consequences of the withdrawal of the approval or refusal to renew the approval for the existing hosting agreements, concluded in accordance with Article 6, as well as the consequences for the residence permits of the researchers concerned.
   Article 6
   Hosting agreement
   1.   A research organisation wishing to host a researcher shall sign a hosting agreement with the latter whereby the researcher undertakes to complete the research project and the organisation undertakes to host the researcher for that purpose without prejudice to Article 7.
   2.   Research organisations may sign hosting agreements only if the following conditions are met:

               (a)

               the research project has been accepted by the relevant authorities in the organisation, after examination of:

                           (i)

                           the purpose and duration of the research, and the availability of the necessary financial resources for it to be carried out;

                           (ii)

                           the researcher’s qualifications in the light of the research objectives, as evidenced by a certified copy of his/her qualification in accordance with Article 2(d);

               (b)

               during his/her stay the researcher has sufficient monthly resources to meet his/her expenses and return travel costs in accordance with the minimum amount published for the purpose by the Member State, without having recourse to the Member State’s social assistance system;

               (c)

               during his/her stay the researcher has sickness insurance for all the risks normally covered for nationals of the Member State concerned;

               (d)

               the hosting agreement specifies the legal relationship and working conditions of the researchers.

         3.   Once the hosting agreement is signed, the research organisation may be required, in accordance with national legislation, to provide the researcher with an individual statement that for costs within the meaning of Article 5(3) financial responsibility has been assumed.
   4.   The hosting agreement shall automatically lapse when the researcher is not admitted or when the legal relationship between the researcher and the research organisation is terminated.
   5.   Research organisations shall promptly inform the authority designated for the purpose by the Member States of any occurrence likely to prevent implementation of the hosting agreement.
   CHAPTER III
   ADMISSION OF RESEARCHERS
   Article 7
   Conditions for admission
   1.   A third-country national who applies to be admitted for the purposes set out in this Directive shall:

               (a)

               present a valid travel document, as determined by national law. Member States may require the period of the validity of the travel document to cover at least the duration of the residence permit;

               (b)

               present a hosting agreement signed with a research organisation in accordance with Article 6(2);

               (c)

               where appropriate, present a statement of financial responsibility issued by the research organisation in accordance with Article 6(3); and

               (d)

               not be considered to pose a threat to public policy, public security or public health.

         Member States shall check that all the conditions referred to in points (a), (b), (c) and (d) are met.
   2.   Member States may also check the terms upon which the hosting agreement has been based and concluded.
   3.   Once the checks referred to in paragraphs 1 and 2 have been positively concluded, researchers shall be admitted on the territory of the Member States to carry out the hosting agreement.
   Article 8
   Duration of residence permit
   Member States shall issue a residence permit for a period of at least one year and shall renew it if the conditions laid down in Articles 6 and 7 are still met. If the research project is scheduled to last less than one year, the residence permit shall be issued for the duration of the project.
   Article 9
   Family members
   1.   When a Member State decides to grant a residence permit to the family members of a researcher, the duration of validity of their residence permit shall be the same as that of the residence permit issued to the researcher insofar as the period of validity of their travel documents allows it. In duly justified cases, the duration of the residence permit of the family member of the researcher may be shortened.
   2.   The issue of the residence permit to the family members of the researcher admitted to a Member State shall not be made dependent on the requirement of a minimum period of residence of the researcher.
   Article 10
   Withdrawal or non-renewal of the residence permit
   1.   Member States may withdraw or refuse to renew a residence permit issued on the basis of this Directive when it has been fraudulently acquired or wherever it appears that the holder did not meet or no longer meets the conditions for entry and residence provided by Articles 6 and 7 or is residing for purposes other that that for which he was authorised to reside.
   2.   Member States may withdraw or refuse to renew a residence permit for reasons of public policy, public security or public health.
   CHAPTER IV
   RESEARCHERS’ RIGHTS
   Article 11
   Teaching
   1.   Researchers admitted under this Directive may teach in accordance with national legislation.
   2.   Member States may set a maximum number of hours or of days for the activity of teaching.
   Article 12
   Equal treatment
   Holders of a residence permit shall be entitled to equal treatment with nationals as regards:

               (a)

               recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;

               (b)

               working conditions, including pay and dismissal;

               (c)

               branches of social security as defined in Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (8). The special provisions in the Annex to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality (9) shall apply accordingly;

               (d)

               tax benefits;

               (e)

               access to goods and services and the supply of goods and services made available to the public.

         Article 13
   Mobility between Member States
   1.   A third-country national who has been admitted as a researcher under this Directive shall be allowed to carry out part of his/her research in another Member State under the conditions as set out in this Article.
   2.   If the researcher stays in another Member State for a period of up to three months, the research may be carried out on the basis of the hosting agreement concluded in the first Member State, provided that he has sufficient resources in the other Member State and is not considered as a threat to public policy, public security or public health in the second Member State.
   3.   If the researcher stays in another Member State for more than three months, Member States may require a new hosting agreement to carry out the research in that Member State. At all events, the conditions set out in Articles 6 and 7 shall be met in relation to the Member State concerned.
   4.   Where the relevant legislation provides for the requirement of a visa or a residence permit, for exercising mobility, such a visa or permit shall be granted in a timely manner within a period that does not hamper the pursuit of the research, whilst leaving the competent authorities sufficient time to process the applications.
   5.   Member States shall not require the researcher to leave their territory in order to submit applications for the visas or residence permits.
   CHAPTER V
   PROCEDURE AND TRANSPARENCY
   Article 14
   Applications for admission
   1.   Member States shall determine whether applications for residence permits are to be made by the researcher or by the research organisation concerned.
   2.   The application shall be considered and examined when the third-country national concerned is residing outside the territory of the Member States to which he/she wishes to be admitted.
   3.   Member States may accept, in accordance with their national legislation, an application submitted when the third-country national concerned is already in their territory.
   4.   The Member State concerned shall grant the third-country national who has submitted an application and who meets the conditions of Articles 6 and 7 every facility to obtain the requisite visas.
   Article 15
   Procedural safeguards
   1.   The competent authorities of the Member States shall adopt a decision on the complete application as soon as possible and, where appropriate, provide for accelerated procedures.
   2.   If the information supplied in support of the application is inadequate, the consideration of the application may be suspended and the competent authorities shall inform the applicant of any further information they need.
   3.   Any decision rejecting an application for a residence permit shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation. The notification shall specify the possible redress procedures available and the time limit for taking action.
   4.   Where an application is rejected, or a residence permit, issued in accordance with this Directive, is withdrawn, the person concerned shall have the right to mount a legal challenge before the authorities of the Member State concerned.
   CHAPTER VI
   FINAL PROVISIONS
   Article 16
   Reports
   Periodically, and for the first time no later than three years after the entry into force of this Directive, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary.
   Article 17
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 October 2007.
   When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 18
   Transitional provision
   By way of derogation from the provisions set out in Chapter III, Member States shall not be obliged to issue permits in accordance with this Directive in the form of a residence permit for a period of up to two years, after the date referred to in Article 17(1).
   Article 19
   Common Travel Area
   Nothing in this Directive shall affect the right of Ireland to maintain the Common Travel Area arrangements referred to in the Protocol, annexed by the Treaty of Amsterdam to the Treaty on European Union and the Treaty establishing the European Community, on the application of certain aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and Ireland.
   Article 20
   Entry into force
   This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
   Article 21
   Addressees
   This Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.

      Done at Luxembourg, 12 October 2005.

            For the Council

            The President

         C. CLARKE

      (1)  Opinion of 12 April 2005 (not yet published in the Official Journal).

      (2)  OJ C 120, 20.5.2005, p. 60.

      (3)  OJ C 71, 22.3.2005, p. 6.

      (4)  Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) (OJ L 232, 29.8.2002, p. 1). Decision amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

      (5)  OJ L 375, 23.12.2004, p. 12.

      (6)  See page 26 of this Official Journal.

      (7)  OJ L 157, 15.6.2002, p. 1.

      (8)  OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 1).

      (9)  OJ L 124, 20.5.2003, p. 1.


title: Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (Text with EEA relevance)

text:
               28.5.2009

               EN

               Official Journal of the European Union

               L 131/132

      DIRECTIVE 2009/21/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 23 April 2009
   on compliance with flag State requirements
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               The safety of Community shipping and of citizens using it and the protection of the environment should be ensured at all times.

               (2)

               In respect of international shipping a comprehensive framework enhancing maritime safety and the protection of the environment with regard to pollution from ships has been set up through the adoption of a number of conventions for which the International Maritime Organisation (hereinafter the IMO) is the depository.

               (3)

               Under the provisions of the United Nations Convention on the Law of the Sea, 1982 (UNCLOS) and of the conventions for which IMO is the depository (hereinafter the IMO Conventions), the States which are party to those instruments are responsible for promulgating laws and regulations and for taking all other steps which may be necessary to give those instruments full and complete effect so as to ensure that, from the point of view of safety of life at sea and protection of the marine environment, a ship is fit for the service for which it is intended and is manned with competent maritime personnel.

               (4)

               Due account has to be taken of the Maritime Labour Convention, adopted by the International Labour Organisation (ILO) in 2006, which also addresses flag State-related obligations.

               (5)

               On 9 October 2008, the Member States adopted a statement in which they unanimously recognised the importance of the application of the international conventions related to flag States obligations in order to improve maritime safety and to contribute to preventing pollution by ships.

               (6)

               Implementation of the procedures recommended by the IMO in MSC/Circ.1140/MEPC/Circ.424 of 20 December 2004 on the transfer of ships between States should strengthen the provisions of the IMO Conventions and Community maritime safety legislation relating to a change of flag and should increase transparency in the relationship between flag States, in the interests of maritime safety.

               (7)

               The availability of information on ships flying the flag of a Member State, as well as on ships which have left a register of a Member State, should improve the transparency of the performance of a high-quality fleet and contribute to better monitoring of flag State obligations and to ensuring a level playing field between administrations.

               (8)

               In order to help Member States in further improving their performance as flag States, they should have their administration audited on a regular basis.

               (9)

               A quality certification of administrative procedures in accordance with the standards of the International Organisation for Standardisation (ISO) or equivalent standards should further ensure a level playing field between administrations.

               (10)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

               (11)

               Since the objectives of this Directive, namely the introduction and implementation of appropriate measures in the field of maritime transport policy, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, 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,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   1.   The purpose of this Directive is:

               (a)

               to ensure that Member States effectively and consistently discharge their obligations as flag States; and

               (b)

               to enhance safety and prevent pollution from ships flying the flag of a Member State.

         2.   This Directive is without prejudice to Community maritime legislation, as listed in Article 2(2) of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) (5), and to Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) (6).
   Article 2
   Scope
   This Directive shall apply to the administration of the State whose flag the ship is flying.
   Article 3
   Definitions
   For the purposes of this Directive, the following definitions shall apply:

               (a)

               ‘ship’ means a ship or craft flying the flag of a Member State falling within the scope of the relevant IMO Conventions, and for which a certificate is required;

               (b)

               ‘administration’ means the competent authorities of the Member State whose flag the ship is flying;

               (c)

               ‘recognised organisation’ means an organisation recognised in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (recast) (7);

               (d)

               ‘certificates’ means statutory certificates issued in respect of the relevant IMO Conventions;

               (e)

               ‘IMO audit’ means an audit conducted in accordance with the provisions of Resolution A.974(24) adopted by the IMO Assembly on 1 December 2005.

         Article 4
   Conditions for allowing a ship to operate upon granting the right to fly the flag of a Member State
   1.   Prior to allowing a ship to operate, which has been granted the right to fly its flag, the Member State concerned shall take the measures it deems appropriate to ensure that the ship in question complies with the applicable international rules and regulations. In particular, it shall verify the safety records of the ship by all reasonable means. It shall, if necessary, consult with the losing flag State in order to establish whether any outstanding deficiencies or safety issues identified by the latter remain unresolved.
   2.   Whenever another flag State requests information concerning a ship which was previously flying the flag of a Member State, that Member State shall promptly provide details of outstanding deficiencies and any other relevant safety-related information to the requesting flag State.
   Article 5
   Detention of a ship flying the flag of a Member State
   When the administration is informed that a ship flying the flag of the Member State concerned has been detained by a port State, it shall, according to the procedures it has established to this effect, oversee the ship being brought into compliance with the relevant IMO Conventions.
   Article 6
   Accompanying measures
   Member States shall ensure that at least the following information concerning ships flying their flag is kept and remains readily accessible for the purposes of this Directive:

               (a)

               particulars of the ship (name, IMO number, etc.);

               (b)

               dates of surveys, including additional and supplementary surveys, if any, and audits;

               (c)

               identification of the recognised organisations involved in the certification and classification of the ship;

               (d)

               identification of the competent authority which has inspected the ship under port State control provisions and the dates of the inspections;

               (e)

               outcome of the port State control inspections (deficiencies: yes or no; detentions: yes or no);

               (f)

               information on marine casualties;

               (g)

               identification of ships which have ceased to fly the flag of the Member State concerned during the previous 12 months.

         Article 7
   Flag State auditing process
   Member States shall take the necessary measures for an IMO audit of their administration at least once every seven years, subject to a positive reply of the IMO to a timely request of the Member State concerned, and shall publish the outcome of the audit in accordance with relevant national legislation on confidentiality.
   This Article shall expire at the latest on 17 June 2017 or at an earlier date, as established by the Commission in accordance with the regulatory procedure referred to in Article 10(2), if a mandatory IMO Member State Audit Scheme has entered into force.
   Article 8
   Quality management system and internal evaluation
   1.   By 17 June 2012 each Member State shall develop, implement and maintain a quality management system for the operational parts of the flag State-related activities of its administration. Such quality management system shall be certified in accordance with the applicable international quality standards.
   2.   Member States which appear on the black list or which appear, for two consecutive years, on the grey list as published in the most recent annual report of the Paris Memorandum of Understanding on Port State Control (hereinafter the Paris MOU) shall provide the Commission with a report on their flag State performance no later than four months after the publication of the Paris MOU report.
   The report shall identify and analyse the main reasons for the lack of compliance that led to the detentions and the deficiencies resulting in black or grey status.
   Article 9
   Reports
   Every five years, and for the first time by 17 June 2012 the Commission shall present a report to the European Parliament and to the Council on the application of this Directive.
   This report shall contain an assessment of the performance of the Member States as flag States.
   Article 10
   Committee procedure
   1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Article 3 of Regulation (EC) No 2099/2002.
   2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
   Article 11
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 June 2011 at the latest. They shall forthwith inform the Commission thereof.
   When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 12
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 13
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 23 April 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         P. NEČAS

      (1)  OJ C 318, 23.12.2006, p. 195.

      (2)  OJ C 229, 22.9.2006, p. 38.

      (3)  Opinion of the European Parliament of 29 March 2007 (OJ C 27 E, 31.1.2008, p. 140), Council Common Position of 9 December 2008 (OJ C 330 E, 30.12.2008, p. 13) and Position of the European Parliament of 11 March 2009 (not yet published in the Official Journal).

      (4)  OJ L 184, 17.7.1999, p. 23.

      (5)  OJ L 324, 29.11.2002, p. 1.

      (6)  OJ L 167, 2.7.1999, p. 33.

      (7)  See page 11 of this Official Journal.


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31998L0070

Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC

Official Journal L 350 , 28/12/1998 P. 0058 - 0068

DIRECTIVE 98/70/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3) in the light of the joint text approved on 29 June 1998 by the Conciliation Committee,(1) Whereas disparity between the laws or administrative measures adopted by the Member States on specifications of conventional and alternative fuels used by vehicles equipped with positive-ignition and compression-ignition engines creates barriers to trade in the Community and may thereby directly affect the establishment and functioning of the internal market and the international competitiveness of the European vehicle and refining industries; whereas in accordance with the provisions of Article 3b of the Treaty, it therefore appears necessary to approximate the laws in this field;(2) Whereas Article 100a(3) of the Treaty envisages that Commission proposals aimed at the establishment and functioning of the internal market and concerning, inter alia, health and environmental protection will take as a base a high level of protection;(3) Whereas primary air pollutants such as nitrogen oxides, unburnt hydrocarbons, particulate matter, carbon monoxide, benzenes and other toxic exhaust emissions which contribute to the formation of secondary pollutants such as ozone are emitted in significant amounts through the exhaust and evaporative fumes of motor vehicles thereby posing directly and indirectly a considerable risk to human health and the environment;(4) Whereas despite the increasing stringency of vehicle emission limit values laid down by Council Directive 70/220/EEC (4), and by Council Directive 88/77/EEC (5), further measures to reduce atmospheric pollution caused by vehicles and other sources are necessary in order to achieve satisfactory air quality;(5) Whereas Article 4 of Directive 94/12/EC of the European Parliament and of the Council (6) introduced a new approach with regard to emission reduction policies for and beyond the year 2000 and required the Commission to examine, inter alia, the contribution that improvements in the quality of petrol and diesel and other fuels could make to reducing air pollution;(6) Whereas, in addition to an initial stage of fuel specifications beginning in the year 2000, provision must be made for a second stage, to come into effect in 2005, to enable the industry to make the necessary investments to adapt its production plans;(7) Whereas petrol and diesel fuel complying with the specifications set out in Annexes I, II, III and IV are already available on the market in the European Community;(8) Whereas the European auto/oil programme, the details of which are outlined in the Commission's communication on a future strategy for the control of atmospheric emissions from road transport, contributes towards a scientific, technical and economic basis for recommending the introduction at Community level of new environmental fuel specifications for petrol and diesel fuels;(9) Whereas the introduction of environmental fuels specifications for petrol and diesel fuels is an important element of the cost-effective package of Europe-wide and national/regional/local measures that should be put into effect, taking into account the costs and benefits of any action;(10) Whereas the implementation of a combination of Europe-wide and national/regional/local measures to reduce vehicle emissions is part of the Commission's overall strategy to reduce air emissions from mobile and stationary sources in a way that is balanced and meets cost-benefit criteria;(11) Whereas it is necessary to obtain in the short term a reduction, in particular in urban areas, of polluting vehicle emissions, including primary pollutants such as unburnt hydrocarbons and carbon monoxide, secondary pollutants such as ozone, toxic emissions such as benzene and particle emissions; whereas the reduction of polluting vehicle emissions in urban areas can be immediately achieved on motor vehicles through changes in fuel composition;(12) Whereas the incorporation of oxygen and the significant reduction in aromatics, olefins, benzene and sulphur can permit better fuel quality to be obtained from an air quality standpoint;(13) Whereas the provisions of Council Directive 92/81/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils (7), and in particular Article 8(4) thereof, discourage and may prevent Member States from operating excise tax differentiation designed to accelerate fuel quality above Community-wide fuel specifications;(14) Whereas the use by Member States of differentiated excise taxation can encourage the introduction of more advanced fuels in line with national priorities, capacity and requirements;(15) Whereas the Commission has brought forward a proposal for an Energy Products Directive; whereas this proposal has the objective of, inter alia, permitting Member States to make more active use of fiscal incentives through differentiated excise taxation, so as to facilitate the introduction of more advanced fuels;(16) Whereas fuel specifications aiming at the reduction of both exhaust and evaporative emissions are generally lacking;(17) Whereas atmospheric pollution by lead arising from the combustion of leaded petrol constitutes a risk for human health and the environment; whereas it is a great step forward that by 2000 virtually all petrol-driven road vehicles will be able to run on unleaded petrol and whereas therefore it is appropriate to restrict severely the marketing of leaded petrol;(18) Whereas the need for vehicle emission reduction and the availability of the necessary refinery technology justify the setting of environmental fuel specifications for the marketing of unleaded petrol and diesel fuels;(19) Whereas it seems appropriate to provide for the availability of two types of diesel and petrol fuel, one of which would be a higher-quality diesel and one of which would be a higher quality petrol; whereas it is appropriate for this higher quality diesel or petrol to replace diesel or petrol of lower quality on the market by 2005; whereas, however, appropriate provision should be made for such replacement to be delayed when application of the date of 2005 in a Member State would cause severe difficulties for its industries in making the necessary changes in its manufacturing facilities;(20) Whereas, in order to protect human health and/or the environment in specific agglomerations or in specific ecologically sensitive areas with special problems of air quality, Member States should be permitted, subject to a procedure established in this Directive, to require that fuels may be marketed only if they comply with more stringent environmental specifications than established under this Directive; whereas this procedure is a derogation from the information procedure laid down in Directive 98/34/EC of 22 June 1998 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (8);(21) Whereas, in order to ensure compliance with the fuel quality standards required under this Directive, Member States should introduce monitoring systems; whereas such monitoring systems should be based on common procedures for sampling and testing and whereas information on fuel quality collected by Member States should be communicated to the Commission according to a common format;(22) Whereas, on the basis of a comprehensive assessment, the Commission is to submit a proposal complementing the mandatory specifications for petrol and diesel fuels referred to in Annexes III and IV to be applied as from 1 January 2005; whereas the Commission's proposal may, as appropriate, also set down environmental specifications for other types of fuel such as liquid petroleum gas, natural gas and biofuels; whereas captive vehicle fleets exist (buses, taxis, commercial vehicles, etc.) which are responsible for a large proportion of urban pollution and would benefit from separate specifications;(23) Whereas further developments with regard to reference methods for measuring the specifications set out in this Directive may be desirable in the light of scientific and technical progress; whereas to this end, provisions should be made in order to adapt the Annexes to this Directive to technical progress;(24) Whereas Council Directive 85/210/EEC of 20 March 1985 on the approximation of the laws of the Member States concerning the lead content of petrol (9), Council Directive 85/536/EEC of 5 December 1985 relating to crude-oil savings through the use of substitute fuel components in petrol (10), and Article 1(1)(b) and Article 2(1) of Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels (11), should be repealed accordingly;(25) Whereas the transitional measures for Austria referred to in Article 69 of the 1994 Act of Accession include Article 7 of Directive 85/210/EEC; whereas the application of this transitional measure should, for specific reasons of the protection of the environment, be prolonged until 1 January 2000;(26) Whereas a modus vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty (12) was concluded on 20 December 1994,HAVE ADOPTED THIS DIRECTIVE:Article 1 Scope This Directive sets technical specifications on health and environmental grounds for fuels to be used for vehicles equipped with positive-ignition and compression-ignition engines.Article 2 Definitions For the purpose of this Directive:1. 'petrol` means any volatile mineral oil intended for the operation of internal combustion positive-ignition engines for the propulsion of vehicles and falling within CN codes 2710 00 27, 2710 00 29, 2710 00 32, 2710 00 34 and 2710 00 36;2. 'diesel fuels` means gas oils falling within CN codes 2710 00 66 and used for self-propelling vehicles as referred to in Directive 70/220/EEC and Directive 88/77/EEC.For gas oils used for engines in non-road mobile machinery and agricultural tractors Member States may require the same sulphur content as defined for diesel fuels in this Directive or the sulphur content as defined for diesel fuels in Directive 93/12/EEC.Article 3 Petrol 1. No later than 1 January 2000, Member States shall prohibit the marketing of leaded petrol within their territory.2. (a) Member States shall ensure that, no later than 1 January 2000, unleaded petrol can be marketed within their territory only if it complies with the environmental specifications set out in Annex I.(b) Without prejudice to the provisions of subparagraph (a), Member States shall, from 1 January 2000, permit the marketing within their territory of unleaded petrol complying with the specifications of Annex III.(c) Member States shall also ensure that, no later than 1 January 2005, unleaded petrol can be marketed within their territory only if it complies with the environmental specifications set out in Annex III.3. By way of derogation from paragraph 1, a Member State may be allowed, on a request to be submitted to the Commission no later than 31 August 1999, to continue to permit the marketing of leaded petrol, until at the latest 1 January 2005, if it can demonstrate that the introduction of a ban would result in severe socioeconomic problems or would not lead to overall environmental or health benefits because of, inter alia, the climatic situation in that Member State.The lead content of leaded petrol shall not exceed 0,15 g/l and the benzene content shall comply with the specifications in Annex I. The other values of the specifications may remain unchanged compared to the present situation.4. Notwithstanding the provisions of paragraph 2, a Member State may be authorised, on a request to be submitted to the Commission no later than 31 August 1999, to continue to permit the marketing within its territory, until at the latest 1 January 2003, of unleaded petrol with a sulphur content which does not comply with the specification for sulphur content in Annex I but which does not exceed the current content, if it can demonstrate that severe difficulties would ensue for its industries in making the necessary changes in their manufacturing facilities during the period of time between the date of adoption of this Directive and 1 January 2000.5. Notwithstanding the provisions of paragraph 2, a Member State may be authorised, on a request to be submitted to the Commission no later than 31 August 2003, to continue to permit the marketing within its territory, until at the latest 1 January 2007, of unleaded petrol with a sulphur content which does not comply with Annex III but which does comply with Annex I, if it can demonstrate that severe difficulties would ensue for its industries in making the necessary changes in their manufacturing facilities during the period of time between the date of adoption of this Directive and 1 January 2005.6. The Commission may authorise the derogations referred to in paragraphs 3, 4 and 5 in accordance with the Treaty.The Commission shall notify the Member States and inform the European Parliament and the Council of its decision.7. Notwithstanding paragraph 1, Member States may continue to permit the marketing of small quantities of leaded petrol with the specifications mentioned in the second subparagraph of paragraph 3 to a maximum of 0,5 % of total sales to be used by old vehicles of a characteristic nature and to be distributed through special interest groups.Article 4 Diesel fuel 1. (a) Member States shall ensure that, no later than 1 January 2000, diesel fuel can be marketed within their territory only if it complies with the environmental specifications set out in Annex II.(b) Without prejudice to the provisions of subparagraph (a), Member States shall, from 1 January 2000, permit the marketing within their territory of diesel fuel complying with the specifications of Annex IV.(c) Member States shall also ensure that, no later than 1 January 2005, diesel fuel can be marketed within their territory only if it complies with the environmental specifications set out in Annex IV.2. Notwithstanding the provisions of paragraph 1, a Member State may be authorised, on a request to be submitted to the Commission no later than 31 August 1999, to continue to permit the marketing within its territory, until at the latest 1 January 2003, of diesel fuel with a sulphur content which does not comply with the specification for sulphur content in Annex II but which does not exceed the current content, if it can demonstrate that severe difficulties would ensue for its industries in making the necessary changes in their manufacturing facilities during the period of time between the date of adoption of this Directive and 1 January 2000.3. Notwithstanding the provisions of paragraph 1, a Member State may be authorised, on a request to be submitted to the Commission no later than 31 August 2003, to continue to permit the marketing within its territory, until at the latest 1 January 2007, of diesel fuel with a sulphur content which does not comply with Annex IV but which does comply with Annex II, if it can demonstrate that severe difficulties would ensue for its industries in making the necessary changes in their manufacturing facilities during the period of time between the date of adoption of this Directive and 1 January 2005.4. The Commission may authorise the derogations referred to in paragraphs 2 and 3 in accordance with the Treaty.The Commission shall notify the Member States and inform the Council and the European Parliament of its decision.Article 5 Free circulation No Member State may prohibit, restrict or prevent the placing on the market of fuels which comply with the requirements of this Directive.Article 6 Marketing of fuels with more stringent environmental specifications 1. By way of derogation from Articles 3, 4 and 5, Member States may require that in specific areas fuels may only be marketed if they comply with more stringent environmental specifications than those provided for in this Directive for all or part of the vehicle fleet with a view to protecting the health of the population in a specific agglomeration or the environment in a specific ecologically sensitive area in a Member State, if atmospheric pollution constitutes or may reasonably be expected to constitute a serious and recurrent problem for human health or the environment.2. A Member State wishing to make use of a derogation provided for in paragraph 1 shall submit its request in advance, including the justification for it, to the Commission. The justification shall include evidence that the derogation respects the principle of proportionality and that it will not disrupt the free movements of persons and goods.3. The Member States involved shall provide the Commission with data on ambient air quality for the area in question a well as the predicted effects on air quality of the measures proposed.4. The Commission shall provide this information to the other Member States without delay.5. Member States may give their comments on the request and its justification within two months of the date of the Commission's provision of information.6. The Commission shall take a decision on the request of Member States within three months after the date on which Member States have submitted their comments. The Commission will take Member States' comments into account and will notify them of its decision and inform the European Parliament and the Council at the same time.7. Any Member State may refer the Commission's decision to the Council within one month of its notification or, in the case of a non-decision, refer the matter to the Council within one month of the expiry of the period referred to in paragraph 6.8. The Council, acting by a qualified majority, may take a different decision within two months of the matter being referred to it.Article 7 Change in supply of crude oils If, as a result of exceptional events, a sudden change in the supply of crude oils or petroleum products renders it difficult for the refineries in a Member State to respect the fuel specification requirements of Articles 3 and 4, that Member State shall inform the Commission thereof. The Commission, after informing the other Member States, may authorise higher limit values in that Member State for one or more fuel components for a period not exceeding six months.The Commission shall notify the Member States and inform the European Parliament and the Council of its decision.Any Member State may refer the Commission's decision to the Council within one month of its notification.The Council, acting by a qualified majority, may take a different decision within one month of the matter being referred to it.Article 8 Monitoring compliance and reporting 1. Member States shall monitor compliance with the requirements of Articles 3 and 4 on the basis of the analytical methods set out in Annex I and II.2. The Commission will promote the development of a uniform system for fuel quality monitoring. The Commission may for the purpose of developing such a system request the assistance of the European Committee for Standardisation.3. The Commission shall establish a common format for the submission of a summary of national fuel quality data no later than 30 June 2000.4. Each year by 30 June Member States shall submit their summary for the preceding calendar year to the Commission for the first time by 30 June 2002.Article 9 Review process 1. The Commission shall, periodically and for the first time not later than 12 months from the date of adoption of this Directive but in any event not later than 31 December 1999, and in the light of the assessment carried out in accordance with the requirements of Article 3 of Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC (13), submit to the European Parliament and the Council a proposal for a revision of this Directive as an integral part of the strategy designed to produce effects to meet the requirements of the Community air quality standards and related objectives.2. The proposal shall contain environmental specifications complementing the mandatory specifications stipulated in Annex III for petrol and Annex IV for diesel fuels on the basis, inter alia, of accumulated knowledge concerning requirements on emission reductions related to air quality, the effective functioning of new pollution abatement technologies and developments affecting international fuel markets.3. In addition to the provisions of paragraphs 1 and 2, the Commission may, inter alia, bring forward- proposals taking into consideration the particular situation of captive fleets and the need to propose levels of specifications for the special fuels they use,- proposals setting levels of specifications applicable to liquid petroleum gas, natural gas and biofuels.Article 10 Procedure for adaptation to technical progress Any amendments which are necessary in order to adapt the measuring methods as laid down in the right hand section ('tests`) of Annexes I, II, III and IV to this Directive, to take account of technical progress, shall be adopted by the Commission assisted by the Committee established in accordance with Article 12 of Directive 96/62/EC (14) and in accordance with the procedure laid down in Article 11 of this Directive.Such adaptation must not result in any direct or indirect modification of the limit values laid down in this Directive or to any change in the dates from which they apply.Article 11 Committee procedure 1. The representative of the Commission shall submit to the committee referred to in Article 10 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.2. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.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 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 12 Repeal and amendment of the Directives related to the fuel quality of petrol and diesel fuels 1. Directives 85/210/EEC, 85/536/EEC and 87/441/EEC are repealed as from 1 January 2000.2. Directive 93/12/EEC is amended by deleting Article 1(1)(b) and Article 2(1) as from 1 January 2000.Article 13 Transposition into national legislation 1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1999. They shall immediately inform the Commission thereof.Member States shall apply these measures from 1 January 2000.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 Member States.2. Member States shall communicate to the Commission the texts of the main provisions of domestic law which they adopt in the field covered by this Directive.Article 14 Austria Article 7 of Directive 85/210/EEC, as far as the benzene content of petrol referred to in Article 4 of that Directive is concerned, shall, until 1 January 2000, not apply to Austria.Article 15 Entry into force of the Directive This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 16 Addressees This Directive is addressed to the Member States.Done at Luxembourg, 13 October 1998.For the European ParliamentThe PresidentJ.M. GIL-ROBLESFor the CouncilThe PresidentC. EINEM(1) OJ C 77, 11.3.1997, p. 1 and OJ C 209, 10.7.1997, p. 25.(2) OJ C 206, 7.7.1997, p. 113.(3) Opinion of the European Parliament of 10 April 1997 (OJ C 132, 28.4.1997, p. 170), Council Common Position of 7 October 1997 (OJ C 351, 19.11.1997, p. 1) and Decision of the European Parliament of 18 February 1998 (OJ C 80, 16.3.1998, p. 92). Decision of the European Parliament of 15 September 1998 (OJ C 313, 12.10.1998). Decision of the Council of 17 September 1998.(4) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive 98/69/EC of the European Parliament and of the Council (see page 1 of this Official Journal).(5) OJ L 36, 9.2.1988, p. 33. Directive as last amended by Directive 96/1/EC of the European Parliament and of the Council (OJ L 40, 17.2.1996, p. 1).(6) OJ L 100, 19.4.1994, p. 42.(7) OJ L 316, 31.10.1992, p. 12. Directive as last amended by Directive 94/74/EC (OJ L 365, 31.12.1994, p. 46).(8) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).(9) OJ L 96, 3.4.1985, p. 25. Directive as last amended by the 1994 Act of Accession.(10) OJ L 334, 12.12.1985, p. 20. Directive as amended by Commission Directive 87/441/EEC (OJ L 238, 21.8.1987, p. 40).(11) OJ L 74, 27.3.1993, p. 81.(12) OJ C 102, 4.4.1996, p. 1.(13) See page 1 of this Official Journal.(14) OJ L 296, 21.11.1996, p. 55.ANNEX I ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH POSITIVE-IGNITION ENGINES >TABLE>ANNEX II ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH COMPRESSION IGNITION ENGINES >TABLE>ANNEX III ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH POSITIVE IGNITION ENGINES >TABLE>ANNEX IV ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH COMPRESSION IGNITION ENGINES >TABLE>Commission statements Re Article 3(5) and Article 4(3) When examining requests for derogations under Article 3(5) and Article 4(3), the Commission will verify whether the derogation is compatible with Community law, including competition law, taking account of the availability in the Community of sufficient quantities of fuels of a satisfactory quality.Re the European Parliament's Amendment No 18 The Commission recognises the importance of fiscal incentive measures to encourage the use of improved fuels. It will take due account of this when implementing Council Directive 92/81/EEC and will ensure, within the limits of its powers, that the relevant provisions of that Directive are implemented rapidly.


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31974L0394

Council Directive 74/394/EEC of 22 July 1974 making a tenth amendment to Directive No 64/54/EEC on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption

Official Journal L 208 , 30/07/1974 P. 0025 - 0025 Finnish special edition: Chapter 13 Volume 4 P. 0040  Greek special edition: Chapter 03 Volume 11 P. 0027  Swedish special edition: Chapter 13 Volume 4 P. 0040  Spanish special edition: Chapter 13 Volume 4 P. 0014  Portuguese special edition Chapter 13 Volume 4 P. 0014

COUNCIL DIRECTIVE  of 22 July 1974  making a tenth amendment to Directive No 64/54/EEC on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption  (74/394/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament;  Having regard to the Opinion of the Economic and Social Committee;  Whereas Council Directive No 64/54/EEC (1) of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption, as last amended by Council Directive No 74/62/EEC (2), provides for the temporary use of thiabendazole, at a maximum level of 6 mg/kg of citrus fruit and 3 mg/kg of bananas;  Whereas experience in the use of thiabendazole has shown that the maintenance of these levels is technologically justified because of its fungicidal properties;  Whereas it might be technologically desirable to raise this level to 10 mg/kg in the case of citrus fruit ; whereas, however, it is necessary to obtain more complete information on certain scientific and technical questions before considering such a measure ; whereas the transitional period laid down in Directive No 71/160/EEC (3) should therefore be extended so that the necessary examination can be carried out without prejudice to the possible inclusion of thiabendazole in a subsequent Community system of rules on pesticides;  Whereas the maximum thiabendazole levels permitted in this Directive refer not to individual fruits but to representative samples ; whereas checking of these levels must be carried out by application of an appropriate sampling plan and method of analysis to be laid down at Community level, as provided for in Article 8 (2) of Directive No 64/54/EEC ; whereas the relevant national rules shall continue to apply until the entry into force of these implementing measures;  Whereas it seems advisable during the transitional period thus provided for to make the indication of thiabendazole treatment of citrus fruit compulsory for the wholesale trade but to leave the Member States free to require or to waive such indication in the retail trade,  HAS ADOPTED THIS DIRECTIVE:    Article 1 In No E 233 of Section I of the Annex to Directive No 64/54/EEC:    1. The text of subparagraph (b) (ii) shall be replaced by the following:  "(ii) as regards citrus fruit:      - in the wholesale trade, the treatment shall be indicated on the invoices and on one external surface of the packaging by the words : "Treated with thiabendazole";           - in the retail trade, Member States may require a visible indication ensuring beyond doubt that the consumer is made aware that the fruit has been treated."                  2. In subparagraph (c) "1 January 1974" shall be replaced by "1 July 1976."          Article 2 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive with effect from 1 January 1974 and shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 22 July 1974.  For the Council  The President  J. SAUVAGNARGUES  (1)OJ No 12, 27.1.1964, p. 161/64. (2)OJ No L 38, 11.2.1974, p. 29. (3)OJ No L 87, 17.4.1971, p. 12.


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31965L0276

Commission Directive 65/276/EEC of 13 May 1965 on the procedure to be followed as regards delivery of opinions on the official approval of slaughterhouses and cutting plants in intra-Community trade in fresh meat

Official Journal 093 , 29/05/1965 P. 1607 - 1610 Danish special edition: Series II Volume II P. 0004  English special edition: Series II Volume II P. 0004  Greek special edition: Chapter 03 Volume 1 P. 0176  Spanish special edition: Chapter 03 Volume 1 P. 0140  Portuguese special edition Chapter 03 Volume 1 P. 0140

++++ ( 1 ) OJ N 121 , 29 . 7 . 1964 , P . 2012/64 .  COMMISSION DIRECTIVE  OF 13 MAY 1965  ON THE PROCEDURE TO BE FOLLOWED AS REGARDS DELIVERY OF OPINIONS ON THE OFFICIAL APPROVAL OF SLAUGHTERHOUSES AND CUTTING PLANTS IN INTRA-COMMUNITY TRADE IN FRESH MEAT   ( 65/276/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE OF 26 JUNE 1964 ( 1 ) ON HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN FRESH MEAT , AND IN PARTICULAR ARTICLE 4 ( 3 ) THEREOF ;  WHEREAS ARTICLE 4 ( 3 ) OF THE ABOVEMENTIONED DIRECTIVE LAID DOWN THAT THE COMMISSION HAS THE DUTY , IF SO REQUESTED BY A MEMBER STATE , TO HAVE A SLAUGHTERHOUSE OR CUTTING PLANT WHICH HAS BEEN OFFICIALLY APPROVED BY ANOTHER MEMBER STATE INSPECTED BY ONE OR MORE EXPERTS TO ESTABLISH WHETHER THE CONDITIONS GOVERNING SUCH APPROVAL ARE OBSERVED ; WHEREAS THIS INSPECTION ARISES WHEN THE MEMBER STATE REQUESTING IT CONSIDERS THAT SUCH CONDITIONS ARE NOT BEING OBSERVED BY THE ESTABLISHMENT IN QUESTION , AND WHEN IT IS DOUBTFUL WHETHER AN APPROACH IN THE FIRST INSTANCE TO THE MEMBER STATE ON WHOSE TERRITORY THAT ESTABLISHMENT IS SITUATED WOULD HAVE THE DESIRED RESULTS ;  WHEREAS , UNDER THE SAME PROVISION , THE COMMISSION , HAVING FOUND THAT THE CONDITIONS GOVERNING APPROVAL OF AN ESTABLISHMENT ARE NOT OR ARE NO LONGER OBSERVED , HAS THEN , AT THE REQUEST OF THE MEMBER STATE RESPONSIBLE FOR APPROVAL , TO HAVE AN INSPECTION MADE BY ONE OR MORE EXPERTS TO SEE WHETHER SUCH CONDITIONS ARE ONCE AGAIN BEING OBSERVED ;  WHEREAS , IN ACCORDANCE WITH THE SAID DIRECTIVE , IT IS FOR THE COMMISSION TO LAY DOWN GENERAL RULES AS TO THE PROCEDURE FOR THESE INSPECTIONS ;  WHEREAS THE COMMISSION IS THEREFORE RESPONSIBLE FOR APPOINTING THE EXPERTS FROM AMONG THOSE PROPOSED BY THE MEMBER STATES ON THE BASIS OF THEIR QUALIFICATIONS ;  WHEREAS , IN VIEW OF THE PARTICULAR IMPORTANCE FOR INTRA-COMMUNITY TRADE , FROM THE HEALTH PROTECTION AND ECONOMIC STANDPOINTS , OF ANY QUESTIONS RAISED RELATING TO AN ESTABLISHMENT , THE INSPECTION SHOULD BE MADE AS PROMPTLY AS POSSIBLE ;  WHEREAS THE COMMISSION SHOULD PROVIDE THE EXPERTS WITH A DOCUMENT AUTHORIZING THEM TO MAKE AN INSPECTION , SO THAT THE LATTER MAY JUSTIFY THEIR INTERVENTION , IN PARTICULAR IN RELATION TO THE MANAGEMENT OF THE ESTABLISHMENT WHICH HAS BEEN CALLED IN QUESTION ;  WHEREAS THE COMMISSION HAS TO INFORM THE MEMBER STATE RESPONSIBLE FOR APPROVING THE ESTABLISHMENT WHICH HAS BEEN CALLED IN QUESTION THAT AN INSPECTION IS TO BE MADE OF THAT ESTABLISHMENT , IN ORDER THAT THE MEMBER STATE MAY TAKE ANY APPROPRIATE STEPS AND MAY ENSURE IN PARTICULAR THAT THE ESTABLISHMENT AND THE OFFICIAL VETERINARY SERVICES AFFORD THE EXPERTS ALL THE FACILITIES THEY NEED TO CARRY OUT SUCH INVESTIGATIONS AS THE LATTER CONSIDER NECESSARY ;  WHEREAS THE EXPERTS MUST DELIVER THEIR OPINION AS PROMPTLY AS POSSIBLE , SINCE THE DECISION ON A REQUEST BY A MEMBER STATE DEPENDS ON IT ;  WHEREAS , SINCE THE EXPERTS WILL BE ACTING AT THE REQUEST OF THE COMMISSION , THEIR TRAVEL AND SUBSISTENCE EXPENSES MUST BE REIMBURSED IN ACCORDANCE WITH THE RATES APPROPRIATE TO OUTSIDE CONSULTANTS , AS WELL AS ANY ADDITIONAL EXPENSES OF THE INSPECTION , TOGETHER WITH THE APPROPRIATE FEES ;  WHEREAS , IN ACCORDANCE WITH THE PROVISIONS OF THE SAID DIRECTIVE OF 26 JUNE 1964 , THE MEMBER STATES HAVE BEEN CONSULTED ON THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . WHERE , AT THE REQUEST OF A MEMBER STATE AND IN ACCORDANCE WITH ARTICLE 4 ( 3 ) OF THE DIRECTIVE OF 26 JUNE 1964 ON HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN FRESH MEAT , THE COMMISSION SEEKS THE OPINION OF ONE OR MORE VETERINARY EXPERTS , IT SHALL ENSURE THAT THIS OPINION IS DELIVERED IN ACCORDANCE WITH THE FOLLOWING ARTICLES .  2 . FOR THE PURPOSES OF THIS DIRECTIVE :   ( A ) " REQUESTING MEMBER STATE " MEANS A MEMBER STATE WHICH ASKS THE COMMISSION FOR A DECISION PURSUANT TO ARTICLE 4 ( 3 ) OF THE DIRECTIVE REFERRED TO IN PARAGRAPH 1 ( AUTHORIZATION TO SUSPEND IMPORTS OF MEAT , OR WITHDRAWAL OF SUCH AUTHORIZATION ) .   ( B ) " ESTABLISHMENT CALLED IN QUESTION " MEANS A SLAUGHTERHOUSE OR CUTTING PLANT IN RESPECT OF WHICH A DECISION HAS BEEN REQUESTED ( AUTHORIZATION TO SUSPEND IMPORTS OF MEAT , OR WITHDRAWAL OF SUCH AUTHORIZATION ) PURSUANT TO ARTICLE 4 ( 3 ) OF THE DIRECTIVE REFERRED TO IN PARAGRAPH 1 .  ARTICLE 2  1 . EACH MEMBER STATE SHALL PROPOSE TO THE COMMISSION NOT LESS THAN TWO VETERINARY EXPERTS WHOSE COMPETENCE IS BEYOND DOUBT , AND SHALL COMMUNICATE TO IT THEIR NAMES , THEIR SPECIAL FIELDS , THEIR EXACT ADDRESSES AND TELEPHONE NUMBERS .  2 . THE EXPERTS WHO MAY BE INSTRUCTED TO DELIVER OPINIONS SHALL BE APPOINTED , WITH THEIR AGREEMENT , BY THE COMMISSION IN THE LIGHT OF THE PROPOSALS REFERRED TO IN PARAGRAPH 1 .  3 . SHOULD A MEMBER STATE CONSIDER THAT ONE OF THE EXPERTS PROPOSED BY IT SHOULD NO LONGER BE ENTRUSTED WITH THE DELIVERY OF OPINIONS , IT SHALL SO INFORM THE COMMISSION . IF THE NUMBER OF EXPERTS WOULD THEREBY FALL BELOW THE MINIMUM PROVIDED FOR IN PARAGRAPH 1 , THE MEMBER STATE SHALL PROPOSE ONE OR MORE REPLACEMENTS TO THE COMMISSION .  ARTICLE 3  1 . A REQUEST IN WRITING FOR A DECISION WITHIN THE MEANING OF THE SECOND AND THIRD SUBPARAGRAPHS OF ARTICLE 4 ( 3 ) OF THE DIRECTIVE REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE FORWARDED TO THE COMMISSION BY THE REQUESTING MEMBER STATE AND SHALL SPECIFY THE REASONS FOR THE REQUEST .  2 . ON RECEIPT OF A REQUEST IN ACCORDANCE WITH PARAGRAPH 1 , THE COMMISSION SHALL :   ( A ) FORTHWITH INSTRUCT ONE OR MORE EXPERTS , NOT OF THE NATIONALITY OF ONE OF THE MEMBER STATES INVOLVED , TO DELIVER AN OPINION ,   ( B ) COMMUNICATE TO EACH EXPERT THUS CALLED UPON THE REASONS WHICH HAVE LED THE REQUESTING MEMBER STATE TO MAKE ITS REQUEST TO THE COMMISSION ,   ( C ) PROVIDE EACH EXPERT CALLED UPON WITH A DOCUMENT AUTHORIZING HIM TO CARRY OUT SUCH INVESTIGATIONS AS ARE NECESSARY FOR THE DELIVERY OF HIS OPINION ,   ( D ) INFORM THE COMPETENT CENTRAL AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY THE ESTABLISHMENT CALLED IN QUESTION IS SITUATED THAT THE INSPECTION IS TO BE MADE , AND COMMUNICATE TO IT THE NAMES AND ADDRESSES OF THE EXPERTS INSTRUCTED FOR THIS PURPOSE .  ARTICLE 4  THE COMPETENT CENTRAL AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY THE ESTABLISHMENT CALLED IN QUESTION IS SITUATED SHALL ENSURE THAT THE MANAGEMENT OF SUCH ESTABLISHMENT AND THE COMPETENT VETERINARY SERVICE :   ( A ) ARE FORTHWITH INFORMED OF THE INSPECTION WHICH IS TO BE MADE AND OF THE NAMES AND ADDRESSES OF THE EXPERTS INSTRUCTED IN ACCORDANCE WITH ARTICLE 3 ( 2 ) ( A ) ;   ( B ) PROVIDE EACH EXPERT IN POSSESSION OF THE DOCUMENT REFERRED TO IN ARTICLE 3 ( 2 ) ( C ) WITH ALL FACILITIES FOR INSPECTING THE ESTABLISHMENT SO AS TO DETERMINE WHETHER THE CONDITIONS LAID DOWN FOR OFFICIAL APPROVAL IN ANNEX I , CHAPTERS I , II AND III TO THE DIRECTIVE REFERRED TO IN ARTICLE 1 ( 1 ) ARE BEING OBSERVED .  ARTICLE 5  WITH THE LEAST POSSIBLE DELAY THE EXPERTS SHALL PROCEED TO THE ESTABLISHMENT CALLED IN QUESTION AND COMMUNICATE THE OPINION REQUESTED TO THE COMMISSION IN WRITING , USING THE SPECIMEN FORM SET OUT IN THE ANNEX TO THIS DIRECTIVE .  ARTICLE 6  1 . THE EXPERTS MAY NOT USE INFORMATION ACQUIRED IN THE EXERCISE OF OR INCIDENTALLY TO THEIR FUNCTION AS EXPERTS , EXCEPT FOR THE DELIVERY OF THE OPINION , AND SHALL BE BOUND NOT TO DIVULGE SUCH INFORMATION .  2 . MEMBER STATES SHALL TAKE ALL APPROPRIATE STEPS TO IMPOSE PENALTIES FOR INFRINGEMENT OF THE PROVISIONS OF PARAGRAPH 1 .  ARTICLE 7  EACH EXPERT SHALL , FOR THE DELIVERY OF AN OPINION , RECEIVE FROM THE COMMISSION EMOLUMENTS CALCULATED AS FOLLOWS :   ( A ) A FIXED FEE OF 125 UNITS OF ACCOUNT ;   ( B ) TRAVEL AND SUBSISTENCE EXPENSES DETERMINED IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSION APPLICABLE TO OUTSIDE CONSULTANTS ;   ( C ) ON THE PRODUCTION OF SUPPORTING DOCUMENTS , ANY ADDITIONAL EXPENSES INCURRED IN DELIVERING THE OPINION .  IF THE EXPERT SO REQUESTS , HE MAY BE GRANTED AN ADVANCE FOR TRAVEL AND SUBSISTENCE EXPENSES .  ARTICLE 8  MEMBER STATES SHALL , NOT LATER THAN 30 JUNE 1965 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS REQUIRED IN ORDER TO CONFORM TO THIS DIRECTIVE AND SHALL FORTHWITH NOTIFY THE COMMISSION THEREOF .  ARTICLE 9  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  BRUSSELS , 13 MAY 1965 .  FOR THE COMMISSION  THE PRESIDENT  WALTER HALLSTEIN  ANNEX : SEE O.J .