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31995L0040

Commission Directive 95/40/EC of 19 July 1995 amending Directive 92/76/EEC recognizing protected zones exposed to particular plant health risks in the Community

Official Journal L 182 , 02/08/1995 P. 0014 - 0016

COMMISSION DIRECTIVE 95/40/EC of 19 July 1995 amending Directive 92/76/EEC recognizing protected zones exposed to particular plant health risks in the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 95/4/EC (2), and in particular the first subparagraph of Article 2 (1) (h) thereof,Having regard to Commission Directive 92/76/EEC of 6 October 1992 recognizing protected zones exposed to particular plant health risks in the Community (3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 2 thereof,Whereas under Commission Directive 92/76/EEC certain zones in the Community were recognized as 'protected zones` in respect of certain harmful organisms for a period expiring on 1 July 1995;Whereas, based on recent new information provided by Greece, Italy and France, it appears that it is no longer appropriate to maintain the 'protected zones` recognized for these countries in respect of, for Greece, Ips sexdentatus Boerner, for Italy, Anthonomus grandis (Boh.) and Glomerella gossypii Edgerton, and for France, Cephalcia lariciphila (Klug.) and Gilpinia hercyniae (Hartig), because these organisms seem to be present locally;Whereas, also from new information provided by France and Portugal, it appears that the extent of the 'protected zones` recognized for these countries should be amended in respect of, for France, Erwinia amylovora (Burr.) Winsl. et al., and for Portugal, Bemisia tabaci Genn. (European populations), because these organisms now seem to be present in parts of the relevant designated 'protected zone`; whereas also the extent of the protected zones recognized for the United Kingdom in respect of Cephalcia lariciphila (Klug.), Dendroctonus micans Kugelan, Gilpinia hercyniae (Hartig), Gremmeniella abietina (Lag.) Morelet, Hypoxylon mammatum (Wahl.) J. Miller and Pissodes spp. (European) and for Portugal in respect of Dendroctonus micans Kugelan, Ips amitinus Eichhof, Ips cembrae Heer, Ips duplicatus Sahlberg and Ips typographus Heer should be modified to take account of the concern in relation to the relevant host plants of these organisms;Whereas from new information supplied by Sweden and Finland the area of protected zone recognized for Sweden in respect of Leptionotarsa decemlineata Say should be extended and a protected zone should be recognized for Finland in respect of Leptinotarsa decemlineata Say;Whereas furthermore the recognition of 'protected zones` was provisional until the results of appropriate surveys monitored by Commission experts confirmed that one or more of the harmful organisms in respect of which the zones were recognized as protected zones were not endemic or established in those zones in accordance with Article 2 (1) (h) of Council Directive 77/93/EEC;Whereas for certain protected zones further developments on the harmful organisms concerned and their respective surveys have occurred; whereas it is, therefore, appropriate to extend the provisional recognition for a further period to enable information on the developments to be evaluated by the said Commission experts;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1 Article 1 of Directive 92/76/EEC is hereby replaced as follows:'Article 1The zones in the Community listed in the Annex are hereby recognized as "protected zones" referred to in the first subparagraph of Article 2 (1) (b) of Directive 77/93/EEC, in respect of harmful organism(s) listed against their names in the Annex; in the case of points (a), 1, 2, 3, 4, 7, 8, 9, 10 11, 14, 15 and 17, (b) 1, 2 and 3, (c) 1, 2, 3, 4 and 5, and (d) 1, 3 and 4 the said zones are recognized for a period expiring on 1 April 1996.In the case of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, the said zones shall be recognized until 31 December 1996.`Article 2 The Annex to Directive 92/76/EEC is hereby amended as indicated in the Annex to this Directive.Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from 1 July 1995. They shall immediately inform the Commission thereof.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 procedure for such a reference shall be adopted by Member States.2. Member States shall immediately communicate to the Commission the essential provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 4 This Directive shall enter into force on the day following its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 19 July 1995.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 26, 31. 1. 1977, p. 20.(2) OJ No L 44, 28. 2. 1995, p. 56.(3) OJ No L 305, 21. 10. 1992, p. 12.ANNEX 1. In point (a) 1, in the right hand column 'Italy` is deleted.2. In point (a) 2, in the right hand column 'Portugal` is replaced by 'Portugal (Entre Douro e Minho, Traz-os-Montes, Beira Litoral, Beira Interior, Ribatejo e Oeste, Alentejo, Madeira and Azores)`.3. In points (a) 3 and 5, in the right hand column 'France` is deleted and 'United Kingdom (Northern Ireland and the Isle of Man)` is replaced by 'United Kingdom (Northern Ireland, Isle of Man and Jersey)`.4. In point (a) 4, in the right hand column 'Portugal` is deleted and 'Jersey` is added after 'Northern Ireland`.5. In points (a) 7, 8, 9 and 11, in the right hand column 'Portugal` is deleted.6. In point (a) 10, in the right hand column 'Greece` is deleted.7. In point (a) 12, the right hand column is altered as follows:'Spain (Menorca and Ibiza), Ireland, Portugal (Azores and Madeira), United Kingdom, Sweden (Malmöhus, Kristianstads, Blekinge, Kalmar, Gotlands Län, Halland), Finland (the districts of Aland, Turku, Uusimaa, Kymi, Häme, Pirkanmaa, Satakunta)`.8. In point (a) 14, in the right hand column 'United Kingdom (Northern Ireland and the Isle of Man)` is replaced by 'United Kingdom (Northern Ireland, Isle of Man and Jersey)`.9. In point (b) 2, 'France (Champagne-Ardennes, Alsace (except Department Bas Rhin), Lorraine, Franche-Comté, Rhône-Alpes, Bourgogne, Auvergne, Provence-Alpes-Côte d'Azur, Corse, Languedoc-Roussillon)` is replaced by 'France (Champagne-Ardennes, Alsace (except Department Bas Rhin), Lorraine, Franche-Comté, Rhône-Alpes (except Department Rhône), Bourgogne, Auvergne (except Department Puy de Dome), Provence-Alpes-Côte d'Azur, Corse, Languedoc-Roussillon)`.10. In point (c) 1, in the right hand column 'Italy (Sicily)` is deleted.11. In points (c) 2 and 3, in the right hand column 'United Kingdom (Northern Ireland and the Isle of Man)` is replaced by 'United Kingdom (Northern Ireland)`.


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31972L0169

Commission Directive 72/169/EEC of 14 April 1972 on determining the characteristics and minimum conditions for inspecting vine varieties

Official Journal L 103 , 02/05/1972 P. 0025 - 0029 Finnish special edition: Chapter 3 Volume 4 P. 0124  Danish special edition: Series I Chapter 1972(II) P. 0366  Swedish special edition: Chapter 3 Volume 4 P. 0124  English special edition: Series I Chapter 1972(II) P. 0383  Greek special edition: Chapter 03 Volume 7 P. 0218  Spanish special edition: Chapter 03 Volume 5 P. 0219  Portuguese special edition Chapter 03 Volume 5 P. 0219

COMMISSION DIRECTIVE  of 14 April 1972  on determining the characteristics and minimum conditions for inspecting vine varieties  (72/169/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community;  Having regard to the Council Directive of 9 April 1968 1 on the marketing of material for the vegetative propagation of the vine, as amended by the Directive of 22 March 1971, 2 and in particular Article 5d (2) thereof;  Whereas in accordance with the provisions of the abovementioned Directive, Member States are obliged to compile a catalogue of the varieties accepted for certification and inspection of standard propagation material in their territory;  Whereas the acceptance of varieties is subject to Community conditions which must be enforced by means of official inspections and in particular by crop inspections;  Whereas the inspections must cover a sufficient number of characteristics to enable the varieties to be described;  Whereas the minimum characteristics which have to undergo inspection should be determined at Community level;  Whereas, moreover, the minimum conditions for carrying out the inspections must be laid down:  Whereas these characteristics and minimum conditions for inspection should be laid down in the light of the present state of scientific and technical knowledge;  Whereas the measures provided for in this Directive are in accordance with the Opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall provide that official inspections carried out for the acceptance of vine varieties shall cover at least the characteristics listed in Annex I.  They shall ensure that the minimum conditions listed in Annex II are fulfilled at the time of the inspections.   Article 2 Member States shall bring into force not later than 1 July 1972 the laws, regulations or administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 14 April 1972.  For the Commission  The President  S. L. MANSHOLT  1OJ No L 93, 17.4.1968, p. 15. 2OJ No L 71, 25.3.1971, p. 16.     ANNEX I PART A MORPHOLOGICAL CHARACTERISTICS CONSIDERED IN THE EXAMINATION FOR DISTINCTIVENESS, STABILITY AND HOMOGENEITY     1. Leaf-bud formation on a growing branch 10 to 20 cm long:      1.1 shape           1.2 colour (on opening to allow observation of the anthocyanins)           1.3 pilosity                  2. Herbaceous branch at time of flowering:      2.1 transversal cross-section (shape and contour)           2.2 pilosity                  3. Ligneous shoot:      3.1 surface           3.2 merithallus                  4. Distribution of tendrils       5. Young leaves at the top on a growing branch 10 to 30 cm long (first 3 leaves clear of the leaf-bud formation, counted from that point):      5.1 colour           5.2 pilosity                  6. Mature leaf (situated between the 8th and the 11th node):      6.1 photograph           6.2 drawing or direct print with scale           6.3 general shape           6.4 number of foliar lobes           6.5 petiolar sinus           6.6 depth of the upper and lower lateral sinus           6.7 pilosity of the lower surface           6.8 surface           6.9 lateral serration                  7. Flower:  apparent sex       8. Bunch of grapes at industrial maturity (as regards wine grape varieties and table grape varieties):      8.1 photograph (with scale)           8.2 shape           8.3 size           8.4 peduncle (length)           8.5 average weight in grammes           8.6 picking off           8.7 compactness of bunch                   9. Berry at industrial maturity (as regards wine grape and table grape varieties):      9.1 photograph (with scale)           9.2 shape           9.3 shape with indication of average weight           9.4 colour           9.5 skin (as regards table grape varieties)           9.6 number of pips (as regards table grape varieties)           9.7 pulp           9.8 juice           9.9 flavour                  10. Seed (as regards wine grape and table grape varieties) : photograph of the two sides and the profile (with scale).  PART B PHYSIOLOGICAL CHARACTERISTICS CONSIDERED IN THE EXAMINATION FOR DISTINCTIVENESS, STABILITY AND HOMOGENEITY       1. VEGETATIVE PHENOMENA:        1.1 Establishment of phenological dates:  The phenological dates are established in comparison with one or more of the control varieties.          1.1.1 as regards Germany:            1.1.1.1 white grape varieties - Weißer Riesling, Weißer Gutedel, Müller-Thurgau                       1.1.1.2 black grape varieties - Blauer Spätburgunder                                          1.1.2 as regards France:            1.1.2.1 white grape varieties - Riesling, Chasselas blanc, Müller-Thurgau, Sauvignon, Ugni blanc                       1.1.2.2 black grape varieties - Pinot noir, Gamay, Merlot, Cabernet, Sauvignon, Carignan, Grenache noir                       1.1.2.3 table grape varieties - Cardinal rouge, Chasselas blanc, Alphonse Lavallée, Servant blanc                                          1.1.3 as regards Italy:            1.1.3.1 white grape varieties - Trebbiano toscano, Pinot bianco, Chasselas dorato                       1.1.3.2 black grape varieties - Barbera, Merlot, Sangiovese                       1.1.3.3 table grape varieties - Regina, Chasselas dorato, Cardinal                                          1.1.4 as regards Luxembourg:  white grape varieties - Riesling, Müller-Thurgau.                                  1.2 Date of opening:  Date on which half the eyes of a normally pruned vine have burst open, showing their internal pilosity in relation to that of control varieties.               1.3 Date of full flowering:  Date on which for a certain number of plants half the flowers are open compared with control varieties.                1.4 Maturity (as regards wine grape varieties and table grape varieties):  In addition to the period of maturity an indication should be given of the density or probable degree of the must, its acidity and the corresponding yield of grapes expressed in kilogrammes per hectare, compared with one or more control varieties, giving if possible yields of a similar size.                          2. CULTIVATION CHARACTERISTICS:        2.1 Vigour               2.2 Habit of growth (position of 1st fruit-bearing bud, preferred size)               2.3 Production:          2.3.1 regularity                   2.3.2 yield                   2.3.3 anomalies                                  2.4 Resistance or sensitivity:          2.4.1 to unfavourable conditions                   2.4.2 to pests                   2.4.3 proneness to bursting of the grape                                  2.5 Behaviour during vegetative propagation:          2.5.1 grafting                   2.5.2 propagation by cuttings.                                             3. UTILIZATION:        3.1 for wine grapes               3.2 for table grapes               3.3 as root stocks               3.4 for industrial uses.                             ANNEX II MINIMUM CONDITIONS FOR CARRYING OUT INSPECTIONS     1. Ecological information:      1.1 place           1.2 geographical conditions        1.2.1 longitude               1.2.2 latitude               1.2.3 altitude               1.2.4 exposure and slope                          1.3 climatic conditions           1.4 type of soil                  2. Technical procedure:      2.1 For wine grapes and table grapes:        2.1.1 24 vines if possible on several different root stocks               2.1.2 at least 3 years of production               2.1.3 at least two places having differing ecological conditions               2.1.4 the taking of the graft should be examined with at least 3 varieties of root stock.                          2.2 For root stock varieties:        2.2.1 5 vines with at least 2 forms of growth habits               2.2.2 5 years after planting               2.2.3 3 places having different ecological conditions               2.2.4 the taking of the graft should be examined with at least 3 varieties of scion.


title: Commission Directive (EU) 2015/1787 of 6 October 2015 amending Annexes II and III to Council Directive 98/83/EC on the quality of water intended for human consumption

text:
               7.10.2015

               EN

               Official Journal of the European Union

               L 260/6

         COMMISSION DIRECTIVE (EU) 2015/1787
   of 6 October 2015
   amending Annexes II and III to Council Directive 98/83/EC on the quality of water intended for human consumption
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (1), and in particular Article 11(2) thereof,
   Whereas:

               (1)

               Annexes II and III to Directive 98/83/EC lay down the minimum requirements of the monitoring programmes for all water intended for human consumption and the specifications for the method of analysis of different parameters.

               (2)

               The specifications in those Annexes II and III should be updated in the light of scientific and technical progress and so as to ensure coherence with Union legislation.

               (3)

               Annex II to Directive 98/83/EC grants a certain degree of flexibility in performing the audit monitoring and check monitoring, allowing for less frequent sampling under certain circumstances. The specific conditions to perform the monitoring of parameters at appropriate frequencies and the range of monitoring techniques need to be clarified in the light of scientific progress.

               (4)

               Since 2004, the World Health Organisation has developed the water safety plan approach which is based on risk assessment and risk management principles, laid down in its Guidelines for Drinking Water Quality
                   (2). Those Guidelines, together with standard EN 15975-2 concerning security of drinking water supply, are internationally recognised principles on which the production, distribution, monitoring and analysis of parameters in drinking water is based. Annex II to Directive 98/83/EC should therefore be aligned to the latest updates of those principles.

               (5)

               To control risks to human health, the monitoring programmes should ensure that there are measures in place throughout the water supply chain and consider information from water bodies used for drinking water abstraction. The general obligations for monitoring programmes should bridge the gap between water abstraction and supply. Pursuant to Article 6 of Directive 2000/60/EC of the European Parliament and of the Council (3), Member States must ensure the establishment of register(s) of protected areas. Such protected areas include all bodies of water used for the abstraction of drinking water, or intended for such use, under Article 7(1) of that Directive. Results from the monitoring of those bodies of water under the second subparagraph of Article 7(1) and Article 8 of that Directive should be used to determine the potential risk for drinking water before and after treatment for the purposes of Directive 98/83/EC.

               (6)

               Experience has shown that, for many (particularly physico-chemical) parameters, the concentrations present would rarely result in any breach of limit values. Monitoring and reporting such parameters without practical relevance imply significant costs, especially where a large number of parameters need to be considered. Introducing flexible monitoring frequencies under such circumstances presents potential cost-saving opportunities that would not damage public health or other benefits. Flexible monitoring also reduces the collection of data that provide little or no information on the quality of the drinking water.

               (7)

               Member States should therefore be allowed to derogate from the monitoring programmes they have established, provided credible risk assessments are performed, which may be based on the WHO Guidelines for Drinking Water Quality and should take into account the monitoring carried out under Article 8 of Directive 2000/60/EC.

               (8)

               Table B2 in Annex II to Directive 98/83/EC, which concerns water put into bottles or containers intended for sale, has become obsolete, as those products are covered by Regulation (EC) No 178/2002 of the European Parliament and of the Council (4). Those products are also covered by the principle of ‘hazard analysis and critical control point’ (HACCP) laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council (5) and the principles of official controls as laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council (6). As a consequence of the adoption of those Regulations, Annex II to Directive 98/83/EC de facto no longer applies to water put into bottles or containers intended for sale.

               (9)

               Council Directive 2013/51/Euratom (7) introduced specific arrangements for monitoring for radioactive substances. Monitoring programmes for radioactive substances should therefore exclusively be established under that Directive.

               (10)

               Laboratories applying the specifications for the analysis of the parameters laid down in Annex III to Directive 98/83/EC should work in accordance with internationally approved procedures or criteria-based performance standards and use methods of analysis that have, as far as possible, been validated.

               (11)

               Commission Directive 2009/90/EC (8) provides for standard EN ISO/IEC 17025, or other equivalent standards accepted at international level, to be used to validate the methods of analysis. EN ISO/IEC 17025 is also one of the standards used under Regulation (EC) No 882/2004 for the accreditation of laboratories designated by the competent authorities in the Member States. It is therefore necessary to provide for that standard, or other equivalent standards accepted at international level, for the validation of the methods of analysis in the context of Directive 98/83/EC. In order to align Annex III to Directive 98/83/EC with Directive 2009/90/EC, the limit of quantification and uncertainty of measurement should be introduced as performance characteristics. However, Member States should be able to continue to allow the use of trueness, precision and limit of detection as performance characteristics under Annex III to Directive 98/83/EC for a limited period, thus providing laboratories with sufficient time to adapt to this technical advance.

               (12)

               A number of ISO standards have been established for analysing microbiological parameters. Thus, EN ISO 9308-1 and EN ISO 9308-2 (for the enumeration of E. coli and coliform bacteria) and standard EN ISO 14189 (for the analysis of Clostridium perfringens) provide all necessary specifications for performing the analysis. Those new standards and technical developments should be reflected in Annex III to Directive 98/83/EC.

               (13)

               For the purposes of assessing the equivalence of alternative methods with the method laid down in Annex III to Directive 98/83/EC, Member States should be permitted to use standard EN ISO 17994, which has already been established as the standard on the equivalence of microbiological methods in the context of Directive 2006/7/EC of the European Parliament and of the Council (9) and by Commission Decision 2009/64/EC (10). Alternatively, they should be permitted to use standard EN ISO 16140 or any other similar internationally accepted protocols, as referred to in Article 5(5) of Commission Regulation (EC) No 2073/2005 (11), to establish the equivalence of methods based on principles other than culturing, which are beyond the scope of EN ISO 17994.

               (14)

               Annexes II and III to Directive 98/83/EC should therefore be amended accordingly.

               (15)

               The measures provided for in this Directive are in accordance with the opinion of the Drinking Water Committee established under Article 12(1) of Directive 98/83/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 98/83/EC is amended as follows:

               (1)

               Annex II is replaced by the text set out in Annex I to this Directive;

               (2)

               Annex III is amended in accordance with Annex II to this Directive.

         Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 27 October 2017 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 6 October 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 330, 5.12.1998, p. 32.

      (2)  http://www.who.int/water_sanitation_health/publications/2011/dwq_guidelines/en/index.html

      (3)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

      (4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

      (5)  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

      (6)  Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

      (7)  Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12).

      (8)  Commission Directive 2009/90/EC of 31 July 2009 laying down, pursuant to Directive 2000/60/EC, technical specifications for chemical analysis and monitoring of water status (OJ L 201, 1.8.2009, p. 36).

      (9)  Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality (OJ L 64, 4.3.2006, p. 37).

      (10)  Commission Decision 2009/64/EC of 21 January 2009 specifying, pursuant to Directive 2006/7/EC of the European Parliament and of the Council, ISO 17994:2004(E) as the standard on the equivalence of microbiological methods (OJ L 23, 27.1.2009, p. 32).

      (11)  Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).

      ANNEX I

            ‘ANNEX II

               MONITORING

            PART A

               General objectives and monitoring programmes for water intended for human consumption

                        1.

                        Monitoring programmes for water intended for human consumption must:

                                    (a)

                                    verify that the measures in place to control risks to human health throughout the water supply chain from the catchment area through abstraction, treatment and storage to distribution are working effectively and that water at the point of compliance is wholesome and clean;

                                    (b)

                                    provide information on the quality of the water supplied for human consumption to demonstrate that the obligations set out in Articles 4 and 5, and the parametric values laid down in Annex I, are being met;

                                    (c)

                                    identify the most appropriate means of mitigating the risk to human health.

                        2.

                        Pursuant to Article 7(2), competent authorities shall establish monitoring programmes complying with the parameters and frequencies set out in Part B of this Annex which consist of:

                                    (a)

                                    collection and analysis of discrete water samples; or

                                    (b)

                                    measurements recorded by a continuous monitoring process.

                              In addition, monitoring programmes may consist of:

                                    (a)

                                    inspections of records of the functionality and maintenance status of equipment; and/or

                                    (b)

                                    inspections of the catchment area, water abstraction, treatment, storage and distribution infrastructure.

                        3.

                        Monitoring programmes may be based on a risk assessment as set out in Part C.

                        4.

                        Member States shall ensure that monitoring programmes are reviewed on a continuous basis and updated or reconfirmed at least every 5 years.

                  PART B

               Parameters and frequencies

            1.   General framework

            A monitoring programme must take into account the parameters referred to in Article 5, including those that are important for assessing the impact of domestic distribution systems on the quality of water at the point of compliance, as set out in Article 6(1). When choosing appropriate parameters for monitoring, local conditions for each water supply system must be taken into consideration.
            Member States shall ensure that the parameters listed in point 2 are monitored at the relevant sampling frequencies as set out in point 3.
            2.   List of parameters

               Group A parameters

            The following parameters (Group A) shall be monitored in accordance with the monitoring frequencies set out in Table 1 of point 3:

                        (a)

                           Escherichia coli (E. coli), coliform bacteria, colony count 22 °C, colour, turbidity, taste, odour, pH, conductivity;

                        (b)

                        other parameters identified as relevant in the monitoring programme, in accordance with Article 5(3) and, where relevant, through a risk assessment as set out in Part C.

                  Under specific circumstances, the following parameters shall be added to the Group A Parameters:

                        (a)

                        ammonium and nitrite, if chloramination is used;

                        (b)

                        aluminium and iron, if used as water treatment chemicals.

               Group B parameters

            In order to determine compliance with all parametric values set out in this Directive, all other parameters not analysed under Group A and set in accordance with Article 5 shall be monitored at least at the frequencies set out in Table 1 of point 3.
            3.   Sampling frequencies

               Table 1

               Minimum frequency of sampling and analysis for compliance monitoring

                        Volume of water distributed or produced each day within a supply zone
                        (See Notes 1 and 2)
                        m3

                        Group A parameter
                        number of samples per year
                        (See Note 3)

                        Group B parameter
                        number of samples per year

                        ≤ 100

                        > 0
                        (See Note 4)

                        > 0
                        (See Note 4)

                        > 100

                        ≤ 1 000

                        4

                        1

                        > 1 000

                        ≤ 10 000

                        4
                        + 3
                        for each 1 000 m3/d and part thereof of the total volume

                        1
                        + 1
                        for each 4 500 m3/d and part thereof of the total volume

                        > 10 000

                        ≤ 100 000

                        3
                        + 1
                        for each 10 000 m3/d and part thereof of the total volume

                        > 100 000

                        12
                        + 1
                        for each 25 000 m3/d and part thereof of the total volume

                           Note 1:

                        A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and water quality may be considered as being approximately uniform.

                           Note 2:

                        The volumes are calculated as averages taken over a calendar year. The number of inhabitants in a supply zone may be used instead of the volume of water to determine the minimum frequency, assuming water consumption of 200 l/(day*capita).

                           Note 3:

                        The frequency indicated is calculated as follows: e.g. 4 300 m3/d = 16 samples (four for the first 1 000 m3/d + 12 for additional 3 300 m3/d).

                           Note 4:

                        Member States that have decided to exempt individual supplies under Article 3(2)(b) of this Directive shall apply these frequencies only for supply zones that distribute between 10 and 100 m3 per day.

                  PART C

               Risk assessment

                        1.

                        Member States may provide for the possibility to derogate from the parameters and sampling frequencies in Part B, provided that a risk assessment is performed in accordance with this Part.

                        2.

                        The risk assessment referred to in point 1 shall be based on the general principles of risk assessment set out in relation to international standards such as standard EN 15975-2 concerning “security of drinking water supply, guidelines for risk and crisis management”.

                        3.

                        The risk assessment shall take into account the results from the monitoring programmes established by the second subparagraph of Article 7(1), and Article 8 of Directive 2000/60/EC of the European Parliament and of the Council (1) for bodies of water identified under Article 7(1) that provide more than 100 m3 a day on average, in accordance with Annex V to that Directive.

                        4.

                        Based on the results of the risk assessment, the list of parameters in point 2 of Part B shall be extended and/or the sampling frequencies in point 3 of Part B increased, where any of the following conditions is fulfilled:

                                    (a)

                                    the list of parameters or frequencies set out in this Annex is not sufficient to fulfil the obligations imposed under Article 7(1);

                                    (b)

                                    additional monitoring is required for the purposes of Article 7(6);

                                    (c)

                                    it is necessary to provide the necessary assurances set out in point (1)(a) of Part A.

                        5.

                        Based on the results of the risk assessment, the list of parameters set out in point 2 of Part B and the sampling frequencies set out in point 3 of Part B may be reduced provided the following conditions are met:

                                    (a)

                                    the frequency of sampling for E. coli must not be reduced below the one laid down in point 3 of Part B under any circumstances;

                                    (b)

                                    for all other parameters:

                                                (i)

                                                the location and frequency of sampling shall be determined in relation to the parameter's origin, as well as the variability and long-term trend of its concentration, taking into account Article 6;

                                                (ii)

                                                to reduce the minimum sampling frequency of a parameter, as set out in point 3 of Part B, the results obtained from samples collected at regular intervals over a period of at least 3 years from sampling points representative of the whole supply zone must all be less than 60 % of the parametric value;

                                                (iii)

                                                to remove a parameter from the list of parameters to be monitored, as set out in point 2 of Part B, the results obtained from samples collected at regular intervals over a period of at least 3 years from points representative of the whole supply zone must all be less than 30 % of the parametric value;

                                                (iv)

                                                the removal of a particular parameter set out in point 2 of Part B from the list of parameters to be monitored shall be based on the result of the risk assessment, informed by the results of monitoring of sources of water intended for human consumption and confirming that human health is protected from the adverse effects of any contamination of water intended for human consumption, as laid down in Article 1;

                                                (v)

                                                the sampling frequency may be reduced or a parameter removed from the list of parameters to be monitored as set out in points (ii) and (iii) only if the risk assessment confirms that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water intended for human consumption.

                        6.

                        Member States shall ensure that:

                                    (a)

                                    risk assessments are approved by their relevant competent authority; and

                                    (b)

                                    information is available showing that a risk assessment has been carried out, together with a summary of its results.

                  PART D

               Sampling methods and sampling points

                        1.

                        Sampling points shall be determined so as to ensure compliance with the points of compliance as defined in Article 6(1). In the case of a distribution network, a Member State may take samples within the supply zone or at the treatment works for particular parameters if it can be demonstrated that there would be no adverse change to the measured value of the parameters concerned. As far as possible, the number of samples shall be distributed equally in time and location.

                        2.

                        Sampling at the point of compliance shall meet the following requirements:

                                    (a)

                                    compliance samples for certain chemical parameters (in particular copper, lead and nickel) shall be taken at the consumer's tap without prior flushing. A random daytime sample of one litre volume is to be taken. As an alternative, Member States may use fixed stagnation time methods that better reflect their national situation, provided that, at the supply zone level, this does not result in fewer cases of non-compliance than using the random daytime method;

                                    (b)

                                    compliance samples for microbiological parameters at the point of compliance shall be taken and handled according to EN ISO 19458, sampling purpose B.

                        3.

                        Sampling in the distribution network, with the exception of sampling at the consumers' tap, shall be in accordance with ISO 5667-5. For microbiological parameters, sampling in the distribution network shall be taken and handled according to EN ISO 19458, sampling purpose A.

         (1)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).’

      ANNEX II
      Annex III to Directive 98/83/EC is amended as follows:

                  (1)

                  the introductory paragraph is replaced by the following:
                  ‘Member States shall ensure that the methods of analysis used for the purposes of monitoring and demonstrating compliance with this Directive are validated and documented in accordance with EN ISO/IEC 17025 or other equivalent standards accepted at international level. Member States shall ensure that laboratories or parties contracted by laboratories apply quality management system practices in accordance with EN ISO/IEC 17025 or other equivalent standards accepted at international level.
                  In the absence of an analytical method meeting the minimum performance criteria set out in Part B, Member States shall ensure that monitoring is carried out using best available techniques not entailing excessive costs.’;

                  (2)

                  point 1 is amended as follows:

                              (a)

                              the heading of point 1 is replaced by the following:
                              ‘PART A

                                 Microbiological parameters for which methods of analysis are specified’

                              (b)

                              the third to the ninth paragraphs, including Note 1, are replaced by the following:
                              ‘The methods for microbiological parameters are:

                                          (a)

                                             Escherichia coli (E. coli) and coliform bacteria (EN ISO 9308-1 or EN ISO 9308-2)

                                          (b)

                                             Enterococci (EN ISO 7899-2)

                                          (c)

                                             Pseudomonas aeruginosa (EN ISO 16266)

                                          (d)

                                          enumeration of culturable microorganisms — colony count 22 °C (EN ISO 6222)

                                          (e)

                                          enumeration of culturable microorganisms — colony count 36 °C (EN ISO 6222)

                                          (f)

                                             Clostridium perfringens including spores (EN ISO 14189)’;

                  (3)

                  point 2 is amended as follows:

                              (a)

                              the heading of point 2 is replaced by the following:
                              ‘PART B

                                 Chemical and indicator parameters for which performance characteristics are specified’

                              (b)

                              point 2.1 is replaced by the following:
                              ‘1.   Chemical and indicator parameters

                              For the parameters set out in Table 1, the specified performance characteristics are that the method of analysis used must, as a minimum, be capable of measuring concentrations equal to the parametric value with a limit of quantification, as defined in Article 2(2) of Commission Directive 2009/90/EC (1), of 30 % or less of the relevant parametric value and an uncertainty of measurement as specified in Table 1. The result shall be expressed using at least the same number of significant figures as for the parametric value considered in Parts B and C of Annex I.
                              Until 31 December 2019 Member States may allow for the use of “trueness”, “precision” and “limit of detection” as specified in Table 2, as an alternative set of performance characteristics to “limit of quantification” and “uncertainty of measurement” as specified respectively in the first paragraph and Table 1.
                              The uncertainty of measurement laid down in Table 1 shall not be used as an additional tolerance to the parametric values set out in Annex I.

                                 Table 1

                                 Minimum performance characteristic “Uncertainty of measurement”

                                          Parameters

                                          Uncertainty of measurement
                                          (See Note 1)
                                          % of the parametric value (except for pH)

                                          Notes

                                          Aluminium

                                          25

                                          Ammonium

                                          40

                                          Antimony

                                          40

                                          Arsenic

                                          30

                                          Benzo(a)pyrene

                                          50

                                          See Note 5

                                          Benzene

                                          40

                                          Boron

                                          25

                                          Bromate

                                          40

                                          Cadmium

                                          25

                                          Chloride

                                          15

                                          Chromium

                                          30

                                          Conductivity

                                          20

                                          Copper

                                          25

                                          Cyanide

                                          30

                                          See Note 6

                                          1,2-dichloroethane

                                          40

                                          Fluoride

                                          20

                                          Hydrogen ion concentration pH (expressed in pH units)

                                          0,2

                                          See Note 7

                                          Iron

                                          30

                                          Lead

                                          25

                                          Manganese

                                          30

                                          Mercury

                                          30

                                          Nickel

                                          25

                                          Nitrate

                                          15

                                          Nitrite

                                          20

                                          Oxidisability

                                          50

                                          See Note 8

                                          Pesticides

                                          30

                                          See Note 9

                                          Polycyclic aromatic hydrocarbons

                                          50

                                          See Note 10

                                          Selenium

                                          40

                                          Sodium

                                          15

                                          Sulphate

                                          15

                                          Tetrachloroethene

                                          30

                                          See Note 11

                                          Trichloroethene

                                          40

                                          See Note 11

                                          Trihalomethanes — total

                                          40

                                          See Note 10

                                          Total organic carbon (TOC)

                                          30

                                          See Note 12

                                          Turbidity

                                          30

                                          See Note 13

                                          Acrylamide, epichlorohydrin and vinyl chloride to be controlled by product specification.

                                 Table 2

                                 Minimum performance characteristics “Trueness”, “precision” and “limit of detection” — may be used until 31 December 2019

                                          Parameters

                                          Trueness
                                          (See Note 2)
                                          % of the parametric value (except for pH)

                                          Precision
                                          (See Note 3)
                                          % of the parametric value (except for pH)

                                          Limit of detection
                                          (See Note 4)
                                          % of the parametric value (except for pH)

                                          Notes

                                          Aluminium

                                          10

                                          10

                                          10

                                          Ammonium

                                          10

                                          10

                                          10

                                          Antimony

                                          25

                                          25

                                          25

                                          Arsenic

                                          10

                                          10

                                          10

                                          Benzo(a)pyrene

                                          25

                                          25

                                          25

                                          Benzene

                                          25

                                          25

                                          25

                                          Boron

                                          10

                                          10

                                          10

                                          Bromate

                                          25

                                          25

                                          25

                                          Cadmium

                                          10

                                          10

                                          10

                                          Chloride

                                          10

                                          10

                                          10

                                          Chromium

                                          10

                                          10

                                          10

                                          Conductivity

                                          10

                                          10

                                          10

                                          Copper

                                          10

                                          10

                                          10

                                          Cyanide

                                          10

                                          10

                                          10

                                          See Note 6

                                          1,2-dichloroethane

                                          25

                                          25

                                          10

                                          Fluoride

                                          10

                                          10

                                          10

                                          Hydrogen ion concentration pH (expressed in pH units)

                                          0,2

                                          0,2

                                          See Note 7

                                          Iron

                                          10

                                          10

                                          10

                                          Lead

                                          10

                                          10

                                          10

                                          Manganese

                                          10

                                          10

                                          10

                                          Mercury

                                          20

                                          10

                                          20

                                          Nickel

                                          10

                                          10

                                          10

                                          Nitrate

                                          10

                                          10

                                          10

                                          Nitrite

                                          10

                                          10

                                          10

                                          Oxidisability

                                          25

                                          25

                                          10

                                          See Note 8

                                          Pesticides

                                          25

                                          25

                                          25

                                          See Note 9

                                          Polycyclic aromatic hydrocarbons

                                          25

                                          25

                                          25

                                          See Note 10

                                          Selenium

                                          10

                                          10

                                          10

                                          Sodium

                                          10

                                          10

                                          10

                                          Sulphate

                                          10

                                          10

                                          10

                                          Tetrachloroethene

                                          25

                                          25

                                          10

                                          See Note 11

                                          Trichloroethene

                                          25

                                          25

                                          10

                                          See Note 11

                                          Trihalomethanes — total

                                          25

                                          25

                                          10

                                          See Note 10

                                          Turbidity

                                          25

                                          25

                                          25

                                          Acrylamide, epichlorohydrin and vinyl chloride to be controlled by product specification.

                                 (1)  Commission Directive 2009/90/EC of 31 July 2009 laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status (OJ L 201, 1.8.2009, p. 36).’"

                              (c)

                              point 2.2 is replaced by the following:
                              ‘2.   Notes to Tables 1 and 2

                                             Note 1

                                          Uncertainty of measurement is a non-negative parameter characterising the dispersion of the quantity values being attributed to a measurand, based on the information used. The performance criterion for measurement uncertainty (k = 2) is the percentage of the parametric value stated in the table or better. Measurement uncertainty shall be estimated at the level of the parametric value, unless otherwise specified.

                                             Note 2

                                          Trueness is a measure of systematic error, i.e. the difference between the mean value of the large number of repeated measurements and the true value. Further specifications are those set out in ISO 5725.

                                             Note 3

                                          Precision is a measure of random error and is usually expressed as the standard deviation (within and between batches) of the spread of results from the mean. Acceptable precision is twice the relative standard deviation. This term is further specified in ISO 5725.

                                             Note 4

                                          Limit of detection is either:

                                                      —

                                                      three times the standard deviation within a batch of a natural sample containing a low concentration of the parameter, or

                                                      —

                                                      five times the standard deviation of a blank sample (within a batch).

                                             Note 5

                                          If the value of uncertainty of measurement cannot be met, the best available technique should be selected (up to 60 %).

                                             Note 6

                                          The method determines total cyanide in all forms.

                                             Note 7

                                          Values for trueness, precision and uncertainty of measurement are expressed in pH units.

                                             Note 8

                                          Reference method: EN ISO 8467

                                             Note 9

                                          The performance characteristics for individual pesticides are given as an indication. Values for the uncertainty of measurement as low as 30 % can be achieved for several pesticides, higher values up to 80 % may be allowed for a number of pesticides.

                                             Note 10

                                          The performance characteristics apply to individual substances, specified at 25 % of the parametric value in Part B of Annex I.

                                             Note 11

                                          The performance characteristics apply to individual substances, specified at 50 % of the parametric value in Part B of Annex I.

                                             Note 12

                                          The uncertainty of measurement should be estimated at the level of 3 mg/l of the total organic carbon (TOC). CEN 1484 Guidelines for the determination of TOC and dissolved organic carbon (DOC) shall be used.

                                             Note 13

                                          The uncertainty of measurement should be estimated at the level of 1,0 NTU (nephelometric turbidity units) in accordance with EN ISO 7027.’

                  (4)

                  point 3 is deleted.


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31982L0002

Council Directive 82/2/EEC of 21 December 1981 amending Directive 72/464/EEC on taxes other than turnover taxes which affect the consumption of manufactured tobacco

Official Journal L 005 , 09/01/1982 P. 0011 - 0011 Spanish special edition: Chapter 09 Volume 1 P. 0131  Portuguese special edition Chapter 09 Volume 1 P. 0131

*****COUNCIL  DIRECTIVE  of 21 December 1981  amending Directive 72/464/EEC on taxes other than turnover taxes which affect the consumption of manufactured tobacco  (82/2/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, under Directive 72/464/EEC (4), as last amended by Directive 81/463/EEC (5), the transition from one stage of harmonization to the next shall be decided on by the Council on a proposal from the Commission;  Whereas the second stage of harmonization, introduced by Directive 72/805/EEC (6), expires on 31 December 1981;  Whereas the special criteria applicable during the third stage are dealt with in a proposal for a Directive presented by the Commission (7);  Whereas the opinion of the Economic and Social Committee was delivered on 25 February 1981 (8) and the opinion of the European Parliament will be delivered only following examination of a detailed study on the effects of proceeding with harmonization; whereas the study will not be available until March 1982;  Whereas, in these circumstances, a sufficiently long extension of the second stage is necessary to enable the European Parliament to deliver its opinion and the Council to decide on the rules for the application of a third stage of harmonization,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 10a (1) of Directive 72/464/EEC, '31 December 1981' shall be replaced by '31 December 1982'.  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 21 December 1981.  For the Council  The President  N. RIDLEY  (1) OJ No C 285, 7. 11. 1981, p. 8.  (2) Opinion delivered on 18 December 1981 (not yet published in the Official Journal).  (3) Opinion delivered on 25 and 26 November 1981 (not yet published in the Official Journal).  (4) OJ No L 303, 31. 12. 1972, p. 1.  (5) OJ No L 183, 4. 7. 1981, p. 32.  (6) OJ No L 338, 20. 12. 1977, p. 22.  (7) OJ No C 264, 11. 10. 1980, p. 6.  (8) OJ No C 138, 9. 6. 1981, p. 47.


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32004L0069

Commission Directive 2004/69/EC of 27 April 2004 amending Directive 2000/12/EC of the European Parliament and of the Council as regards the definition of "multilateral development banks" (Text with EEA relevance)

Official Journal L 125 , 28/04/2004 P. 0044 - 0044

Commission Directive 2004/69/ECof 27 April 2004amending Directive 2000/12/EC of the European Parliament and of the Council as regards the definition of "multilateral development banks"(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions(1), and in particular the fifth indent of Article 60(1) thereof,Whereas:(1) Article 1(19) of Directive 2000/12/EC defines "multilateral development banks" in an enumerated manner.(2) In a letter of November 2002, the Multilateral Investment Guarantee Agency (MIGA) requested to be taken up into the list of Article 1(19) of Directive 2000/12/EC.(3) MIGA is a member of the World Bank Group. MIGA provides guarantees to private sector investors against non-commercial risks and, in particular, the risk of loss, according to clearly defined criteria, arising from currency inconvertibility and transfer, expropriation, war and civil disturbance, and breach of contract by a government entity. The purpose of MIGA is to promote the economic development of its developing member countries by encouraging the establishment, expansion and modernization of private - and specifically small or medium-scale-enterprises, so as to compliment the activities of the other members of the World Bank Group.(4) MIGA has a risk profile equivalent to the multilateral development banks enumerated in Article 1(19) of Directive 2000/12/EC and is therefore eligible for inclusion into Article 1(19) and in the consequence to benefit from the preferential risk weighting as laid down in Article 43 of Directive 2000/12/EC.(5) The measures provided for in this Directive are in accordance with the opinion of the Committee required to assist the Commission in accordance with the procedure laid down in Article 60(2) of Directive 2000/12/EC,HAS ADOPTED THIS DIRECTIVE:Article 1Article 1(19) of Directive 2000/12/EC is replaced by the following:"19. 'multilateral development banks' shall mean the International Bank for Reconstruction and Development, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the Council of Europe Resettlement Fund, the Nordic Investment Bank, the Caribbean Development Bank, the European Bank for Reconstruction and Development, the European Investment Fund, the Inter-American Investment Corporation and the Multilateral Investment Guarantee Agency;"Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2004 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 27 April 2004.For the CommissionFrederik BolkesteinMember of the Commission(1) OJ L 126, 26.5.2000, p. 1. Directive as last amended by Directive 2002/87/EC (OJ L 35, 11.2.2002, p. 1).


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31994L0074

Council Directive 94/74/EC of 22 December 1994 amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products, Directive 92/81/EEC on the harmonization of the structures of excise duties on mineral oils and Directive 92/82/EEC on the approximation of the rates of excise duties on mineral oils

Official Journal L 365 , 31/12/1994 P. 0046 - 0051 Finnish special edition: Chapter 9 Volume 3 P. 0003  Swedish special edition: Chapter 9 Volume 3 P. 0003

COUNCIL DIRECTIVE 94/74/EC of 22 December 1994 amending Directive 92/12/EEC  on the general arrangements for products subject to excise duty and on the holding, movement and  monitoring of such products, Directive 92/81/EEC on the harmonization of the structures of excise  duties on mineral oils and Directive 92/82/EEC on the approximation of the rates of excise duties  on mineral oilsTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 99  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is necessary to exclude the customs procedure for exports from the excise-duty  suspension arrangements in order to be able, under the movement arrangements applied for  excise-duty purposes, to protect against the risks inherent in the movement of products from their  place of dispatch to the office at the point of exit from the Community; Whereas, when the dispatch of products subject to excise duty gives rise to a declaration placing  those products under an internal transit procedure or under the TIR or ATA Convention procedure, it  is necessary to establish that such declaration serves as the accompanying document for excise-duty  purposes; Whereas, when products subject to excise duty are released for consumption in a Member State and  are intended to be moved to that same Member State via the territory of another Member State, it is  necessary to use the simplified accompanying document as provided for in Commission Regulation  (EEC) No 3649/92 (4); Whereas, it is necessary to indicate on the accompanying document any losses occurring in the  course of intra-Community movement in order to ensure that that document is correctly discharged  and to specify the forms and content of such annotation; Whereas it is necessary to provide for an optional guarantee, in place of those currently in  existence, to be provided by the transporter or owner of the products in order to limit the risks  inherent in intra-Community movement; Whereas it is necessary to provide for the possible waiving of the intra-Community movement  guarantee for mineral oils transported by sea or by pipeline; Whereas it is necessary to allow a new consignee or a new place of delivery to be shown by means of  an amendment to the accompanying administrative document; Whereas it is necessary to lay down the conditions that the consignor of mineral oils must meet if  he is not to complete the box relating to the consignee on the accompanying document where the  latter is not known at the outset; Whereas it is necessary to provide for the possibility of additional measures being adopted  regarding spot checks in order to increase administrative cooperation between Member States; Whereas it is necessary to permit the information shown on the copies of the accompanying document  intended for the competent authorities of the Member States of departure and destination to be  transmitted by computerized means; Whereas it is necessary to provide for the return copy to be transmitted to the consignor by fax in  order to ensure that the operation is duly and speedily concluded; Whereas it is necessary, for products subject to excise duty moving regularly between tax  warehouses located in two Member States, to simplify the procedure for discharging the accompanying  document; Whereas it is necessary to stipulate that the use of tax marking or national identification marks  must not affect any provisions laid down by Member States to ensure that current tax legislation is  implemented properly and to avoid any fraud, evasion or abuse; Whereas it is necessary to lay down the conditions under which the armed forces and other  organizations may benefit from excise-duty exemption; Whereas it is important for the proper functioning of the internal market to define the products  which come under the category of mineral oils; Whereas it is necessary to define the products which come under the category of mineral oils and  which are to be subject to the general excise control arrangements; Whereas it is necessary to allow the refund of excise duties paid on contaminated or accidentally  mixed mineral oils sent back to a tax warehouse for recycling; Whereas it is necessary to grant compulsory exemption at Community level for mineral oils injected  into blast furnaces for chemical reduction purposes in order to prevent distortions of competition  arising from different taxation arrangements in Member States; Whereas it is necessary to specify that mineral oils released for consumption in a Member State,  contained in the fuel tanks of motor vehicles and intended to be used as fuel by such vehicles are  exempt from excise duty in other Member States in order not to impede free movement of individuals  and goods and in order to prevent double taxation; Whereas it is necessary to update the CN codes relating to leaded and unleaded petrol in the light  of the amendments made in the latest version of the Integrated Tariff of the European Communities  (1); Whereas, lastly, the amendments to the excise-duty application procedures provided for in this  Directive for the purpose of ensuring the smooth functioning of the internal market cannot be made  satisfactorily by the Member States individually and call, therefore, for approximation of the  Member States' excise-duty legislation at Community level; Whereas it is accordingly necessary to amend Directives 92/12/EEC (1), 92/81/EEC (2) and 92/82/EEC  (3), HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 92/12/EEC is hereby amended as follows: 1. Article 5 shall be amended as follows: (a) the first indent of paragraph 2 shall be replaced by the following: '- are coming from, or going to, third countries or territories referred to in Article 2 (1), (2)  and (3) or the Channel Islands and are placed under one of the customs suspensive procedures listed  in Article 84 (1) (a) of Regulation (EEC) No 2913/92(*) or in a free zone or a free warehouse, (*) OJ No L 302, 19. 10. 1992, p. 1.`; (b) in paragraph 2, the second indent shall be replaced by the following: '- are dispatched between Member States via EFTA countries or between a Member State and an EFTA  country under the internal Community transit procedure or via one or more non-EFTA third countries  under cover of a TIR or ATA carnet,`; (c) in paragraph 2, the first part of the sentence of the second subparagraph shall be replaced by  the following: 'In cases where the single administrative document is used:`; (d) the following new paragraph shall be added: '3.  Any additional details that have to be shown on the transport or commercial documents serving  as transit documents and the changes that have to be made to adapt the discharge procedure where  goods subject to excise duty move under a simplified internal Community transit procedure shall be  established according to the procedure provided for in Article 24.` 2. In Article 7, the following paragraphs shall be added: '7.  Where products subject to excise duty and already released for consumption in a Member State  are to be moved to a place of destination in that Member State via the territory of another Member  State, such movements shall take place under cover of the accompanying document referred to in  paragraph 4 and shall use an appropriate itinerary. 8.  In the cases referred to in paragraph 7: (a) the consignor shall, before the goods are dispatched, make a declaration to the tax authorities  of the place of departure responsible for carrying out excise-duty checks; (b) the consignee shall attest to having received the goods in accordance with the rules laid down  by the tax authorities of the place of destination responsible for carrying out excise-duty  checks; (c) the consignor and the consignee shall consent to any check enabling their respective tax  authorities to satisfy themselves that the goods have actually been received. 9.  Where products subject to excise duty are moved frequently and regularly under the conditions  specified in paragraph 7, Member States may agree bilaterally to authorize a simplified procedure  in derogation from paragraphs 7 and 8.` 3. In Article 13, point (a) shall be replaced by the following: '(a) provide a guarantee, if necessary, to cover production, processing and holding and a  compulsory guarantee to cover movement, subject to Article 15 (3), the conditions for which shall  be set by the competent authorities of the Member State in which the tax warehouse is authorized;` 4. In Article 14, the following paragraph shall be added: '4.  The shortages referred to in paragraph 3 and losses which are not exempted under paragraph 1  shall, in all cases, be indicated by the competent authorities on the reverse of the copy of the  accompanying document referred to in Article 18 (1) to be returned to the consignor. The procedure shall be as follows: - in the case of losses or shortages occurring during intra-Community transport of products subject  to excise duty that are under duty suspension arrangements, the competent authorities of the Member  State in which those losses or shortages are established shall annotate the return copy of the  accompanying document accordingly, - on the arrival of the products in the Member State of destination, the competent authorities of  that Member State shall indicate whether they are granting partial exemption or no exemption in  respect of the losses established. In the cases referred to above they shall specify the basis for calculation of the excise duty to  be levied in accordance with paragraph 3. The competent authorities of the Member State of  destination shall send a copy of the return copy of the accompanying document to the competent  authorities of the Member State in which the losses were established.` 5. Article 15 shall be amended as follows: (a) paragraph 1 shall be replaced by the following: '1.  Without prejudice to Articles 5 (2), 16, 19 (4) and 23 (1a), the movement of products subject  to excise duty under suspension arrangements shall take place between tax warehouses. The first subparagraph shall apply to the intra-Community movement of products subject to excise  duty at a zero rate which have not been released for consumption.`; (b) paragraph 3 shall be replaced by the following: '3.  The risks inherent in intra-Community movement shall be covered by the guarantee provided by  the authorized warehousekeeper of dispatch, as provided for in Article 13, or, if need be, by a  guarantee jointly and severally binding on both the consignor and the transporter. The competent  authorities in the Member States may permit the transporter or the owner of the products to provide  a guarantee in place of that provided by the authorized warehousekeeper of dispatch. If  appropriate, Member States may require the consignee to provide a guarantee. If mineral oils subject to excise duty are transported within the Community by sea or by pipeline,  Member States may relieve authorized warehousekeepers of dispatch of the obligation to provide the  guarantee referred to in the first subparagraph. The detailed rules for the guarantee shall be laid down by the Member States. The guarantee shall  be valid throughout the Community.`; (c) paragraph 5 shall be replaced by the following: '5.  An authorized warehousekeeper of dispatch or his agent may amend the contents of boxes 4, 7,  7a, 13, 14 and/or 17 of the accompanying document to show a new consignee, who must be an  authorized warehousekeeper or registered trader, or a new place of delivery. The competent  authority of dispatch must be notified immediately and the new consignee or the new place of  delivery shall immediately be indicated on the reverse of the accompanying document.`; (d) the following paragraph shall be added: '6.  In the case of intra-Community movement of mineral oils by sea or inland waterway, the  authorized warehousekeeper of dispatch need not complete boxes, 4, 7, 7a, 13 and 17 on the  accompanying document if, when the products are dispatched, the consignee is not definitively  known, provided that: - the competent authorities of the Member State of departure authorize the consignor in advance not  to complete these boxes, - the same authorities are notified of the name and address of the consignee, his excise number and  the country of destination as soon as they are known or at the latest when the products reach their  final destination.` 6. The following Article shall be inserted: 'Article 15b 1.  With regard to the spot checks provided for in Article 19 (6), the competent authorities in a  Member State may request the competent authorities of another Member State for information in  addition to that set out in Article 15a. The provisions governing data protection in Directive  77/799/EEC (*) shall apply to such exchanges of information. 2.  Where information is exchanged pursuant to paragraph 1 and internal legislation in a Member  State stipulates that the persons concerned by the exchange of information must be consulted, such  legislation may continue to be applied. 3.  The information necessary to carry out spot checks under paragraph 1 shall be exchanged by  means of a uniform control document. The form and content of that document shall be established in  accordance with the procedure laid down in Article 24. (*) OJ No L 336, 27. 12. 1977, p. 15.` 7. The following paragraph shall be added to Article 18: '6.  This Article shall also apply to products subject excise duty moving under duty-suspension  arrangements between two tax warehouses located in the same Member State via the territory of  another Member State.` 8. Article 19 shall be amended as follows: (a) in paragraph 1, the following subparagraph shall be inserted after the second subparagraph: 'The competent authorities of the Member State of dispatch and destination may stipulate that the  information contained in the copies of the accompanying document intended for them is to be sent by  computerized means;` (b) in paragraph 2, the following two subparagraphs shall be inserted after the first  subparagraph: 'Notwithstanding the above provisions, Member States of dispatch may provide for a copy of the  return copy to be sent immediately to the consignor by fax so that the guarantee may be released  quickly. This shall not affect the obligation to return the original pursuant to the first  sentence. Where products subject to excise duty move frequently and regularly between two Member States under  duty suspension arrangements, the competent authorities of those Member States may, by mutual  agreement, authorize the procedure for discharging the accompanying document to be simplified by  means of summary or automated certification.`; (c) paragraph 4 shall be replaced by the following: '4.  Products subject to excise duty that are dispatched by an authorized warehousekeeper  established in a Member State for exportation via one or more other Member States shall be  permitted to move under the duty-suspension arrangements as defined in Article 4 (c). Those  arrangements shall be discharged by an attestation drawn up by the customs office of departure from  the Community confirming that the products have indeed left the Community. That office must send  back to the consignor the certified copy of the accompanying document intended for him.` 9. In Article 21 (2) the second subparagraph shall be replaced by the following: 'Without prejudice to any provisions they may lay down in order to ensure that this Article is  implemented properly and to prevent any fraud, evasion or abuse, Member States shall ensure that  these marks or markings do not create obstacles to the free movement of products subject to excise  duty.` 10. In Article 23 the following paragraph shall be inserted: '1a.  The armed forces and organizations referred to in paragraph 1 shall be authorized to receive  products from other Member States under excise-duty suspension arrangements under cover of the  accompanying document referred to in Article 18 provided that the document is accompanied by an  exemption certificate. The form and content of the exemption certificate shall be determined in  accordance with the procedure laid down in Article 24.` 11. Article 24 shall be amended as follows: (a) paragraph 2 shall be replaced by the following: '2.  The measures necessary for the application of Articles 5, 7, 15b, 18, 19 and 23 shall be  adopted in accordance with the procedures laid down in paragraphs 3 and 4.`; (b) paragraph 5 shall be replaced by the following: '5.  In addition to the measures referred to in paragraph 2, the Committee shall examine the  matters referred to it by its chairman, either on his own initiative or at the request of the  representative of a Member State, concerning the application of Community provisions on excise  duties.` Article 2 Directive 92/81/EEC is hereby amended as follows: 1. Article 2 shall be amended as follows: (a) Paragraph 1 shall be replaced by the following: '1.  For the purposes of this Directive, ''mineral oil" shall cover: (a) products falling within CN code 2706; (b) products falling within CN codes 2707 10, 2707 20, 2707 30, 2707 50, 2707 91 00, 2707 99 11 and  2707 99 19; (c) products falling within CN code 2709; d) products falling within CN code 2710; (e) products falling within CN codes 2711, including chemically pure methane and propane but  excluding natural gas; (f) products falling within CN codes 2712 10, 2712 20 00, 2712 90 31, 2712 90 33, 2712 90 39 and  2712 90 90; (g) products falling within CN code 2715; (h) products falling within CN code 2901; (i) products falling within CN codes 2902 11 00, 2902 19 90, 2902 20, 2902 30, 2902 41 00, 2902 42  00, 2902 43 00 and 2902 44; (j) products falling within CN codes 3403 11 00 and 3403 19; (k) products falling within CN code 3811; (l) products falling within CN code 3817`; (b) paragraph 4 shall be replaced by the following: '4.  References in this Directive to codes of the combined nomenclature shall be to those of the  version of the combined nomenclature in force on 1 October 1994`. 2. The following Article shall be inserted: 'Article 2a 1.  Only the following mineral oils shall be subject to the control and movement provisions of  Directive 92/2/EEC: (a) products falling within CN codes 2707 10, 2707 20, 2707 30 and 2707 50; (b) products falling within CN codes 2710 00 11 to 2710 00 78. However, for products falling within  CN codes 2710 00 21, 2710 00 25 and 2710 00 59, the control and movement provisions shall only  apply to bulk commercial movements; (c) products falling within CN codes 2711 (except 2711 11 00 and 2711 21 00); d) products falling within CN code 2901 10; e) products falling within CN codes 2902 20, 2902 30, 2902 41 00, 2902 42 00, 2902 43 00 and 2902  44. 2.  If a Member State finds that mineral oils other than those referred to in paragraph 1 are  intended for use, offered for sale or used as heating fuel or motor fuel or or are otherwise giving  rise to evasion, avoidance or abuse, it shall advise the Commission forthwith. The Commission shall  transmit the communication to the other Member States within one month of receipt. A decision as to  whether the products in question should be made subject to the control and movement provisions of  Directive 92/12/EEC shall then be taken in accordance with the procedure laid down in Article 24 of  Directive 92/12/EEC. 3.  Member States may, under bilateral arrangements, dispense with some or all of the control  measures set out in Directive 92/12/EEC in respect of some or all of the above products, in so far  as they are not covered by Article 2 of Directive 92/82/EEC. Such arrangements shall not affect  Member States which are not party to them. All such bilateral arrangements shall be notified to the  Commission, which shall inform the other Member States.` 3. The following Article shall be inserted: 'Article 7a Member States may refund excise duty already paid on contaminated or accidentally mixed mineral  oils sent back to a tax warehouse for recycling.` 4. Article 8 shall be amended as follows: (a) in paragraph 1, the following point shall be added: '(d) mineral oils injected into blast furnaces for the purposes of chemical reduction as an  addition to the coke used as the principal fuel.` (b) in paragraph 2, the first sentence shall be replaced by the following: '2.  Without prejudice to other Community provisions, Member States may apply total or partial  exemptions or reductions in the rate of duty to mineral oils or to other products intended for the  same uses which are used under fiscal control.` 5. The following Article shall be inserted: 'Article 8a 1.  Mineral oils released for consumption in a Member State, contained in the standard tanks of  commercial motor vehicles and intended to be used as fuel by those same vehicles as well as in  special containers and intended to be used for the operation, during the course of transport, of  the systems equipping those same containers shall not be subject to excise duty in any other Member  State. 2.  For the purposes of this Article: ''standard tanks" shall mean: - the tanks permanently fixed by the manufacturer to all motor vehicles of the same type as the  vehicle in question and whose permanent fitting enables fuel to be used directly, both for the  purpose of propulsion and, where appropriate, for the operation, during transport, of refrigeration  systems and other systems. Gas tanks fitted to motor vehicles designed for the direct use of gas as a fuel and tanks fitted to  the other systems with which the vehicle may be equipped shall also be considered to be standard  tanks, - tanks permanently fixed by the manufacturer to all containers of the same type as the container  in question and whose permanent fitting enables fuel to be used directly for the operation, during  transport, of the refrigeration systems and other systems with which special containers are  equipped. ''Special container" shall mean any container fitted with specially designed apparatus for  refrigeration systems, oxygenation systems, thermal insulation systems or other systems.` Article 3 In Directive 92/82/EEC, Article 2 shall be replaced by the following: 'Article 2 1.  The mineral oils covered by this Directive are: - leaded petrol falling within CN codes 2710 00 26, 2710 00 34 and 2710 00 36; - unleaded petrol falling within CN codes 2710 00 27, 2710 00 29 and 2710 00 32; - gas oil falling within CN code 2710 00 69; - heavy fuel oil falling within CN codes 2710 00 74 to 2710 00 78; - liquid petroleum gas falling within CN codes 2711 12 11 to 2711 19 00; - methane falling within CN code 2711 29 00; - kerosene falling within CN code 2710 00 51 and 2710 00 55. 2.  References in paragraph 1 to combined nomenclature codes shall be those of the combined  nomenclature in force on 1 October 1994.` Article 4 1.  Member States shall bring into force the laws regulations and administrative  provisions necessary to comply with this Directive not later than 1 July 1995. 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 reference on the occasion of their official publication. The methods of  making such reference shall be laid down by the Member States. 2.  Member States shall communicate to the Commission the texts of the main provisions of national  law which they adopt in the field governed by this Directive. Article 5 This Directive is addressed to the Member States. Done at Brussels, 22 December 1994. For the Council The President H. SEEHOFER (1) OJ No C 215, 5. 8. 1994, p. 19. (2) Opinion delivered on 16 December 1994 (not yet published in the Official Journal). (3) Opinion delivered on 20 October 1994 (not yet published in the Official Journal). (4) OJ No L 369, 18. 12. 1992, p. 17. (1) OJ No C 143A, 24. 5. 1993, p. 560. (2) OJ No L 76, 23. 3. 1992, p. 1. Directive as last amended by Directive 92/108/EEC (OJ No L 390,  31. 12. 1992, p. 124). (3) OJ No L 316, 31. 10. 1992, p. 12. Directive as last amended by Directive 92/108/EEC (OJ No L  390, 31. 12. 1992, p. 124). (4) OJ No L 316, 31. 10. 1992, p. 19.