Important legal notice

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32003L0061

Council Directive 2003/61/EC of 18 June 2003 amending Directives 66/401/EEC on the marketing of fodder plant seed, 66/402/EEC on the marketing of cereal seed, 68/193/EEC on the marketing of material for the vegetative propagation of the vine, 92/33/EEC on the marketing of vegetable propagating and planting material, other than seed, 92/34/EEC on the marketing of propagating and planting material of fruit plants, 98/56/EC on the marketing of propagating material of ornamental plants, 2002/54/EC on the marketing of beet seed, 2002/55/EC on the marketing of vegetable seed, 2002/56/EC on the marketing of seed potatoes and 2002/57/EC on the marketing of seed of oil and fibre plants as regards Community comparative tests and trials

Official Journal L 165 , 03/07/2003 P. 0023 - 0028

Council Directive 2003/61/ECof 18 June 2003amending Directives 66/401/EEC on the marketing of fodder plant seed, 66/402/EEC on the marketing of cereal seed, 68/193/EEC on the marketing of material for the vegetative propagation of the vine, 92/33/EEC on the marketing of vegetable propagating and planting material, other than seed, 92/34/EEC on the marketing of propagating and planting material of fruit plants, 98/56/EC on the marketing of propagating material of ornamental plants, 2002/54/EC on the marketing of beet seed, 2002/55/EC on the marketing of vegetable seed, 2002/56/EC on the marketing of seed potatoes and 2002/57/EC on the marketing of seed of oil and fibre plants as regards Community comparative tests and trialsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 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:(1) The Commission is required to ensure that, in appropriate cases, arrangements for coordinating, carrying out and inspecting the Community comparative tests and trials are made in accordance with the procedures laid down in the following provisions:Directive 66/401/EEC(4), and in particular Article 20(3) thereof,Directive 66/402/EEC(5), and in particular Article 20(3) thereof,Directive 68/193/EEC(6), and in particular Article 16(3) thereof,Directive 92/33/EEC(7), and in particular Article 20(4) thereof,Directive 92/34/EEC(8), and in particular Article 20(4) thereof,Directive 98/56/EC(9), and in particular Article 14(4) thereof, andDirective 2002/54/EC(10), and in particular Article 26(3) thereof,Directive 2002/55/EC(11), and in particular Article 43(3) thereof,Directive 2002/56/EC(12), and in particular Article 20(3) thereof, andDirective 2002/57/EC(13), and in particular Article 23(3) thereof.(2) These necessary arrangements implied in the past years that a Community contribution for the execution of the above Community comparative tests and trials had been decided.(3) Tests and trials should be organised for species and under conditions listed by the above Directives irrespective whether the provisions are mandatory or discretionary.(4) Tests and trials should cover in particular seed and propagating material harvested in third countries, seed and propagating material suitable for organic farming and seed and propagating material marketed in relation to the conservation in situ and the sustainable use of plant genetic resources.(5) It is moreover appropriate to harmonise the drafting of the relevant articles of the above Directives.(6) In the interest of transparency a clear legal basis for the Community financial contribution is needed. Provisions for Community financial measures for carrying out the Community comparative tests and trials which involve compulsory Community budget expenditure should therefore be made,HAS ADOPTED THIS DIRECTIVE:Article 11. Article 20 of Directive 66/401/EEC shall be replaced by the following:"Article 201. Community comparative tests and trials shall be carried out within the Community for the post-control of samples of fodder plant seed placed on the market under the provisions of this Directive, whether mandatory or discretionary, and taken during sampling. The comparative tests and trials may include the following:- seed harvested in third countries,- seed suitable for organic farming,- seed marketed in relation to the conservation in situ and the sustainable use of plant genetic resources.2. These comparative tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the conditions with which the seed must comply.3. The Commission, acting in accordance with the procedure referred to in Article 21, shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 21 about the technical arrangements for holding the tests and trials and the results thereof.4. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 1 and 2. The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.5. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 21.6. The tests and trials foreseen in paragraphs 1 and 2 may be performed only by State authorities or legal persons acting under the responsibility of the State."2. Article 20 of Directive 66/402/EEC shall be replaced by the following:"Article 201. Community comparative tests and trials shall be carried out within the Community for the post-control of samples of cereal seed placed on the market under the provisions of this Directive, whether mandatory or discretionary, and taken during sampling. The comparative tests and trials may include the following:- seed harvested in third countries,- seed suitable for organic farming,- seed marketed in relation to the conservation in situ and the sustainable use of plant genetic resources.2. These comparative tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the conditions with which the seed must comply.3. The Commission, acting in accordance with the procedure referred to in Article 21, shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 21 about the technical arrangements for holding the tests and trials and the results thereof.4. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 1 and 2.The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.5. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 21.6. The tests and trials foreseen in paragraphs 1 and 2 may be performed only by State authorities or legal persons acting under the responsibility of the State."3. Article 16 of Directive 68/193/EEC shall be replaced by the following:"Article 161. Community comparative tests and trials shall be carried out within the Community for the post-control of samples of vine propagation material placed on the market under the provisions of this Directive, whether mandatory or discretionary, including those relating to plant health and taken during sampling. The comparative tests and trials may include the following:- propagation material produced in third countries,- propagation material suitable for organic farming,- propagation material marketed in relation to measures intended to help preserve genetic diversity.2. These comparative tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the conditions with which the propagation material must comply.3. The Commission, acting in accordance with the procedure referred to in Article 17, shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 17 about the technical arrangements for holding the tests and trials and the results thereof. When plant health problems occur, the Commission shall notify the Standing Committee on Plant Health.4. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 1 and 2.The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.5. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 17.6. The tests and trials foreseen in paragraphs 1 and 2 may be performed only by State authorities or legal persons acting under the responsibility of the State."4. Article 20 of Directive 92/33/EEC shall be replaced by the following:"Article 201. Trials, or, where appropriate, tests shall be carried out in the Member States on samples to check that vegetable propagating and planting material complies with the requirements and conditions of this Directive, including those relating to plant health. The Commission may organise inspections of the trials by representatives of the Member States and of the Commission.2. Community comparative tests and trials may be carried out within the Community for the post-control of samples of vegetable propagating and planting material placed on the market under the provisions of this Directive whether mandatory or discretionary, including those relating to plant health. The comparative tests and trials may include the following:- vegetable propagating and planting material produced in third countries,- vegetable propagating and planting material suitable for organic farming,- vegetable propagating and planting material marketed in relation to measures aimed at preserving genetic diversity.3. These comparative tests and trials shall be used to harmonise the technical methods of examination of vegetable propagating and planting material and to check satisfaction of the conditions with which the material must comply.4. The Commission, acting in accordance with the procedure referred to in Article 21, shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 21 about the technical arrangements for holding the tests and trials and the results thereof. When plant health problems occur, the Commission shall notify the Standing Committee on Plant Health.5. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 2 and 3.The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.6. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 21.7. The tests and trials foreseen in paragraphs 2 and 3 may be performed only by State authorities or legal persons acting under the responsibility of the State."5. Article 20 of Directive 92/34/EEC shall be replaced by the following:"Article 201. Trials, or, where appropriate, tests shall be carried out in the Member States on samples to check that propagating material or fruit plants comply with the requirements and conditions of this Directive, including those relating to plant health. The Commission may organise inspections of the trials by representatives of the Member States and of the Commission.2. Community comparative tests and trials may be carried out within the Community for the post-control of samples of propagating material or fruit plants placed on the market under the provisions of this Directive whether mandatory or discretionary, including those relating to plant health. The comparative tests and trials may include the following:- propagating material or fruit plants produced in third countries,- propagating material or fruit plants suitable for organic farming,- propagating material or fruit plants marketed in relation to measures for the conservation of genetic diversity.3. These comparative tests and trials shall be used to harmonise the technical methods of examination of propagating material and fruit plants and to check satisfaction of the conditions with which the material must comply.4. The Commission, acting in accordance with the procedure referred to in Article 21, shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 21 about the technical arrangements for holding the tests and trials and the results thereof. When plant health problems occur, the Commission shall notify the Standing Committee on Plant Health.5. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 2 and 3.The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.6. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 21.7. The tests and trials foreseen in paragraphs 2 and 3 may be performed only by State authorities or legal persons acting under the responsibility of the State."6. Article 14 of Directive 98/56/EC shall be replaced by the following:"Article 141. Where appropriate, trials or tests shall be carried out in the Member States on samples to check that propagating material complies with the requirements and conditions of this Directive. The Commission may organise inspections of trials by representatives of the Member States and of the Commission.2. Community comparative tests and trials may be carried out within the Community for the post-control of samples of propagating material or ornamental plants placed on the market under the provisions of this Directive, whether mandatory or discretionary, including those relating to plant health. The comparative tests and trials may include the following:- propagating material produced in third countries,- propagating material suitable for organic farming,- propagating material marketed in relation to measures for the conservation of genetic diversity.3. These comparative tests and trials shall be used to harmonise the technical methods of examination of propagating material of ornamental plants and to check satisfaction of the conditions with which the material must comply.4. The Commission, acting in accordance with the procedure referred to in Article 17, shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 17 about the technical arrangements for holding the tests and trials and the results thereof. When problems occur in relation to organisms covered by Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction in the Community of organisms harmful to plants or plant products and against their spread within the Community(14), the Commission shall notify the Standing Committee on Plant Health, which shall also be consulted on protocols for Community trials where these concern organisms covered by Directive 2000/29/EC.5. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 2 and 3.The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.6. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 17.7. The tests and trials foreseen in paragraphs 2 and 3 may be performed only by State authorities or legal persons acting under the responsibility of the State."7. Article 26 of Directive 2002/54/EC shall be replaced by the following:"Article 261. Community comparative tests and trials shall be carried out within the Community for the post-control of samples of beet seed placed on the market under the provisions of this Directive, whether mandatory or discretionary, and taken during sampling. The comparative tests and trials may include the following:- seed harvested in third countries,- seed suitable for organic farming,- seed marketed in relation to the conservation in situ and the sustainable use of plant genetic resources.2. These comparative tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the conditions with which the seed must comply.3. The Commission, acting in accordance with the procedure referred to in Article 28(2), shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 28(1) about the technical arrangements for holding the tests and trials and the results thereof.4. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 1 and 2.The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.5. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 28(2).6. The tests and trials foreseen in paragraphs 1 and 2 may be performed only by State authorities or legal persons acting under the responsibility of the State."8. Article 43 of Directive 2002/55/EC shall be replaced by the following:"Article 431. Community comparative tests and trials shall be carried out within the Community for the post-control examination of samples of vegetable seed placed on the market under the provisions of this Directive, whether mandatory or discretionary, and taken during sampling. The comparative tests and trials may include the following:- seed harvested in third countries,- seed suitable for organic farming,- seed marketed in relation to the conservation in situ and the sustainable use of plant genetic resources.2. These comparative tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the conditions with which the seed must comply.3. The Commission, acting in accordance with the procedure referred to in Article 46(2), shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 46(1) about the technical arrangements for holding the tests and trials and the results thereof.4. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 1 and 2.The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.5. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 46(2).6. The tests and trials foreseen in paragraphs 1 and 2 may be performed only by State authorities or legal persons acting under the responsibility of the State."9. Article 20 of Directive 2002/56/EC shall be replaced by the following:"Article 201. Community comparative tests and trials shall be carried out within the Community for the post-control of samples of seed potatoes placed on the market under the provisions of this Directive, whether mandatory or discretionary, including those relating to plant health and taken during sampling. The comparative tests and trials may include the following:- seed potatoes harvested in third countries,- seed potatoes suitable for organic farming,- seed potatoes marketed in relation to the conservation in situ and the sustainable use of plant genetic resources.2. These comparative tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the conditions with which the seed must comply.3. The Commission, acting in accordance with the procedure referred to in Article 25(2), shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 25(1) about the technical arrangements for holding the tests and trials and the results thereof. When plant health problems occur, the Commission shall notify the Standing Committee on Plant Health.4. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 1 and 2.The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.5. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 25(2).6. The tests and trials foreseen in paragraphs 1 and 2 may be performed only by State authorities or legal persons acting under the responsibility of the State.7. In accordance with the procedure referred to in Article 25(2), the Commission may prohibit, in whole or in part, the marketing of seed potatoes harvested in a particular area of the Community if the progeny of officially drawn samples of basic seed potatoes or certified seed potatoes harvested in that particular area and grown in one or more Community tests and trials has for three successive years fallen appreciably below the minimum conditions laid down in Annex I(1)(c), (2)(c), (3) and (4).8. Any measures taken under paragraph 7 shall be withdrawn by the Commission as soon as it has been established with adequate certainty that the basic seed potatoes and certified seed potatoes harvested in the particular area of the Community concerned will in future satisfy the minimum conditions referred to in paragraph 7."10. Article 23 of Directive 2002/57/EC shall be replaced by the following:"Article 231. Community comparative tests and trials shall be carried out within the Community for the post-control of samples of seed of oil and fibre plants placed on the market under the provisions of this Directive, whether mandatory or discretionary, and taken during sampling. The comparative tests and trials may include the following:- seed harvested in third countries,- seed suitable for organic farming,- seed marketed in relation to the conservation in situ and the sustainable use of plant genetic resources.2. These comparative tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the conditions with which the seed must comply.3. The Commission, acting in accordance with the procedure referred to in Article 25(2), shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 25(1) about the technical arrangements for holding the tests and trials and the results thereof.4. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 1 and 2.The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.5. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 25(2).6. The tests and trials foreseen in paragraphs 1 and 2 may be performed only by State authorities or legal persons acting under the responsibility of the State."Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 October 2003 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 3This Directive shall enter into force on the seventh 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 Luxembourg, 18 June 2003.For the CouncilThe PresidentG. Drys(1) OJ C 20 E, 28.1.2003, p. 208.(2) Opinion of 10 April 2003 (not yet published in the Official Journal).(3) OJ C 85, 8.4.2003, p. 43.(4) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2001/64/EC (OJ L 234, 1.9.2001, p. 60).(5) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by Directive 2001/64/EC.(6) OJ L 93, 17.4.1968, p. 15. Directive as last amended by Directive 2002/11/EC (OJ L 53, 23.2.2002, p. 20).(7) OJ L 157, 10.6.1992, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).(8) OJ L 157, 10.6.1992, p. 10. Directive as last amended by Regulation (EC) No 806/2003.(9) OJ L 226, 13.8.1998, p. 16. Directive as amended by Regulation (EC) No 806/2003.(10) OJ L 193, 20.7.2002, p. 12.(11) OJ L 193, 20.7.2002, p. 33.(12) OJ L 193, 20.7.2002, p. 60. Directive as amended by Commission Decision 2003/66/EC (OJ L 25, 30.1.2003, p. 42).(13) OJ L 193, 20.7.2002, p. 74. Directive as amended by Directive 2002/68/EC (OJ L 195, 24.7.2002, p. 32).(14) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).


title: Commission Directive 2007/21/EC of 10 April 2007 amending Council Directive 91/414/EEC as regards the expiry dates for inclusion in Annex I of the active substances azoxystrobin, imazalil, kresoxim-methyl, spiroxamin, azimsulfuron, prohexadion-calcium and fluroxypyr (Text with EEA relevance )

text:
               12.4.2007

               EN

               Official Journal of the European Union

               L 97/42

      COMMISSION DIRECTIVE 2007/21/EC
   of 10 April 2007
   amending Council Directive 91/414/EEC as regards the expiry dates for inclusion in Annex I of the active substances azoxystrobin, imazalil, kresoxim-methyl, spiroxamin, azimsulfuron, prohexadion-calcium and fluroxypyr
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 5(5) thereof,
   Whereas:

               (1)

               By Commission Directive 98/47/EC (2) azoxystrobin was included until 1 July 2008, by Commission Directive 97/73/EC (3) imazalil was included until 31 December 2008, by Commission Directive 1999/1/EC (4) kresoxim-methyl was included until 31 January 2009, by Commission Directive 1999/73/EC (5) spiroxamin was included until 1 September 2009, by Commission Directive 1999/80/EC (6) azimsulfuron was included until 1 October 2009, by Commission Directive 2000/50/EC (7) prohexadion-calcium was included until 20 October 2010 and by Commission Directive 2000/10/EC (8) fluroxypyr was included until 30 November 2010 as active substances in Annex I to Directive 91/414/EEC.

               (2)

               On request the inclusion of an active substance can be renewed provided an application is made at the latest two years before the entry is due to lapse. The Commission has received requests regarding renewals of inclusions for all the substances above referred to.

               (3)

               The Commission will have to lay down detailed rules concerning the submission and evaluation of further information necessary for the renewal of Annex I inclusion. Therefore it is justified to renew the inclusion of above mention active substances in Annex I for a period necessary to enable the notifiers to prepare their applications and to enable the Commission to organise their evaluation and to take a decision.

               (4)

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

               (5)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 12 December 2007 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 13 December 2007.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 10 April 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/6/EC (OJ L 43, 15.2.2007, p. 13).

      (2)  OJ L 191, 7.7.1998, p. 50.

      (3)  OJ L 353, 24.12.1997, p. 26.

      (4)  OJ L 21, 28.1.1999, p. 21.

      (5)  OJ L 206, 5.8.1999, p. 16. Corrected by OJ L 221, 21.8.1999, p. 19.

      (6)  OJ L 210, 10.8.1999, p. 13.

      (7)  OJ L 198, 4.8.2000, p. 39.

      (8)  OJ L 57, 2.3.2000, p. 28.

      ANNEX
      In Annex I to Directive 91/414/EEC, rows 1, 2, 3, 4, 5, 6, 8 are replaced by the following:

                     ‘1.

                     Imazalil
                     CAS No 73790-28-0, 35554-44-0
                     CIPAC No 335

                     (+)-1-(β-allyloxy-2,4-dichlorophenylethyl)imidazole or (+)-allyl 1-(2,4-dichlorophenyl)-2-imidazol-1-ylethyl ether

                     975 g/kg

                     1 January 1999

                     31 December 2011

                     Only uses as fungicide may be authorized.
                     For the following uses the following particular conditions apply:

                                 —

                                 post-harvest fruit, vegetable and potato treatments may only be authorised when an appropriate decontamination system is available or a risk assessment has demonstrated to the authorizing Member State that the discharge of the treatment solution does not have an unacceptable risk to the environment and in particular to aquatic organisms,

                                 —

                                 post-harvest treatment of potatoes may only be authorised when a risk assessment has demonstrated to the authorizing Member State that the discharge of the processing waste from treated potatoes does not have an unacceptable risk to aquatic organisms,

                                 —

                                 outdoor foliar uses may only be authorised when a risk assessment has demonstrated to the authorizing Member State that the use has no unacceptable effects on human and animal health and the environment.

                           Date of Standing Committee on Plant Health at which the review report was finalised: 11 July 1997.

                     2.

                     Azoxystrobin
                     CAS No 131860-33-8
                     CIPAC No 571

                     Methyl (E)-2-{2[6-(2-cyanophenoxy)pyrimidin-4-yloxy] phenyl}-3-methoxyacrylate

                     930 g/kg (Z isomer max. 25 g/kg)

                     1 July 1998

                     31 December 2011

                     Only uses as fungicide may be authorised.
                     In the decision making according to the Uniform Principles particular attention should be given to the impact on aquatic organisms. Authorisation conditions should include appropriate risk mitigation measures.
                     Date of Standing Committee on Plant Health at which the review report was finalised: 22 April 1998.

                     3.

                     Kresoxim-Methyl
                     CAS No 143390-89-0
                     CIPAC No 568

                     Methyl (E)-2-methoxyimino-2-[2-(o-tolyloxymethyl) phenyl]acetate

                     910 g/kg

                     1 February 1999

                     31 December 2011

                     Only uses as fungicide may be authorised.
                     In their decision making according to the Uniform Principles Member States shall pay particular attention to the protection of groundwater under vulnerable conditions.
                     Date of Standing Committee on Plant Health at which the review report was finalised: 16 October 1998.

                     4.

                     Spiroxamine
                     CAS No 1181134-30-8
                     CIPAC No 572

                     (8-tert-Butyl-1,4-dioxa-spiro [4.5] decan-2-ylmethyl)-ethyl-propyl-amine

                     940 g/kg (diastereomers A and B combined)

                     1 September 1999

                     31 December 2011

                     Only uses as a fungicide may be authorised.
                     In their decision making according to the Uniform Principles Member States:

                                 —

                                 must pay particular attention to operator safety and must ensure that the conditions of authorisation include appropriate protective measures,
                                 and,

                                 —

                                 must pay particular attention to the impact on aquatic organisms and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures.

                           Date of Standing Committee on Plant Health at which the review report was finalised: 12 May 1999.

                     5.

                     Azimsulfuron
                     CAS No 120162-55-2
                     CIPAC No 584

                     1-(4,6-dimethoxypyrimidin-2-yl)-3-[1-methyl-4-(2-methyl-2H-tetrazol-5-yl)-pyrazol-5-ylsulfonyl]-urea

                     980 g/kg

                     1 October 1999

                     31 December 2011

                     Only uses as herbicide may be authorised.
                     Aerial applications may not be authorised.
                     In their decision making according to the Uniform Principles Member States must pay particular attention to the impact on aquatic organisms and terrestrial non-target plants and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures (e.g. in rice cultivation minimum holding periods for water prior to discharge).
                     Date of Standing Committee on Plant Health at which the review report was finalised: 2 July 1999.

                     6.

                     Fluroxypyr
                     CAS No 69377-81-7
                     CIPAC No 431

                     4-amino-3,5-dichloro-6-fluoro-2-pyridyloxyacetic acid

                     950 g/kg

                     1 December 2000

                     31 December 2011

                     Only uses as herbicide may be authorised.
                     In their decision making according to the Uniform Principles Member States:

                                 —

                                 shall take into account the additional information requested in point 7 of the Review Report,

                                 —

                                 must pay particular attention to the protection of groundwater,

                                 —

                                 must pay particular attention to the impact on aquatic organisms and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures.

                           Member States shall inform the Commission if the requested additional trials and information as outlined in point 7 of the Review Report were not submitted by 1 December 2000.
                     Date of Standing Committee on Plant Health at which the review report was finalised: 30 November 1999.

                     8.

                     Prohexadione Calcium
                     CAS No 127277-53-6
                     CIPAC No 567

                     Calcium 3,5-dioxo-4-propionylcyclohexanecarboxylate

                     890 g/kg

                     1 October 2000

                     31 December 2011

                     Only uses as plant growth regulator may be authorised.
                     Date of Standing Committee on Plant Health at which the review report was finalised: 16 June 2000.’


Avis juridique important

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32003L0066

Commission Directive 2003/66/EC of 3 July 2003 amending Directive 94/2/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations (Text with EEA relevance)

Official Journal L 170 , 09/07/2003 P. 0010 - 0014

Commission Directive 2003/66/ECof 3 July 2003amending Directive 94/2/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources of household appliances(1), and in particular Articles 9 and 12 thereof,Whereas:(1) Electricity use by refrigerators, freezers and their combinations accounts for a significant part of total Community household energy demand. The further scope for a reduction of energy use by these appliances is substantial.(2) The success of the labelling scheme introduced by Commission Directive 94/2/EC(2), in conjunction with Directive 96/57/EC of the European Parliament and of the Council of 3 September 1996 on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof(3) has led to a rise of the efficiency index of new refrigerators and freezers by over 30 % between 1996 and 2000.(3) About 20 % of the cold appliances sold in 2000 were in the most efficient class A, and in some markets the proportion was more than 50 %. The market shares of A class appliances is rising rapidly. Consequently, there is a need to introduce two additional classes, to be designated as A+ and A++, as an interim arrangement until a comprehensive revision of the energy labelling classes takes place.(4) The effect of labelling on energy efficiency will diminish, or disappear, unless further and more efficient classes are defined.(5) Directive 94/2/EC should therefore be amended accordingly. By the same occasion, it will be possible to align that Directive on similar directives recently adopted, implementing Directive 92/75/EEC.(6) The measures provided for in this Directive are in accordance with the opinion of the Committee set up under Article 10 of Directive 92/75/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 94/2/EC is amended as follows:1. In Article 1, paragraphs 2, 3 and 4 are replaced by the following:"2. The information required by this Directive shall be obtained by measurements made in accordance with harmonised standards adopted by the European Standardisation Bodies (CEN, CENELEC, ETSI) under mandate from the Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council(4), the reference numbers of which have been published in the Official Journal of the European Union and for which Member States have published the reference numbers of the national standards transposing those harmonised standards.3. The provisions in Annexes I, II and III requiring the giving of information relating to noise shall apply only where that information is required by Member States under Article 3 of Directive 86/594/EEC. This information shall be measured in accordance with that Directive.4. In this Directive the definitions set out in Article 1(4) of Directive 92/75/EEC shall apply."2. Article 2 is amended as follows:(a) In paragraph 1, the following subparagraph is added:"Where the information relating to a particular model combination has been obtained by calculation on the basis of design, and/or extrapolation from other combinations, the documentation should include details of such calculations and/or extrapolations, and of tests undertaken to verify the accuracy of the calculations undertaken (details of mathematical model for calculating performance and of measurements taken to verify this model)."(b) Paragraph 5 is replaced by the following:"5. Where the appliances are offered for sale, hire or hire purchase by means of a printed or written communication, or by other means which imply that the potential customer cannot be expected to see the appliance displayed, such as a written offer, a mail order catalogue, advertisements on the Internet or on other electronic media, that communication shall include all the information specified in Annex III."3. Annexes I, II, III, and V are amended as shown in the Annex to this Directive.4. Annex VI is deleted.Article 2Member States shall allow the circulation of labels, fiches and communications referred to in Article 2(5) of Directive 94/2/EC, containing the information as revised by this Directive, no later than 1 July 2004.They shall ensure that all labels, fiches and communications referred to in Article 2(5) of Directive 94/2/EC comply with the revised models, no later than 31 December 2004.Article 3Member States shall adopt and publish the provisions to comply with this Directive no later than 30 June 2004. They shall immediately 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 4This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 5This Directive is addressed to the Member States.Done at Brussels, 3 July 2003.For the CommissionLoyola De PalacioVice-President(1) OJ L 297, 13.10.1992, p. 16.(2) OJ L 45, 17.2.1994, p. 1.(3) OJ L 236, 18.9.1996, p. 36.(4) OJ L 204, 21.7.1998, p. 37.ANNEX(1) Annex I is amended as follows:(a) under the heading "Notes on label", the final sentence "NB: the equivalent terms in other languages to those described above are given in Annex VI", is deleted;(b) under the heading "Printing":(i) the following text is inserted after the illustration:"The indicator letter for A+ and A++ appliances shall be in accordance with the following illustrations, and shall be placed in the same position as the A indicator for A class appliances>PIC FILE= "L_2003170EN.001202.TIF">"(ii) the final text, commencing with the words: "Complete printing information is contained in a 'refrigerator/freezer label design guide' ..." is deleted.(2) Annex II is amended as follows:(a) point 4 is replaced by the following:"4. The energy efficiency class of the model as defined in Annex V, expressed as 'Energy efficiency class ... on a scale of A++ (most efficient) to G (least efficient)'. Where this information is provided in a table this may be expressed by other means provided it is clear that the scale is from A++ (most efficient) to G (least efficient)."(b) point 8 is replaced by the following:"8. Net storage volume of frozen food storage compartment, and of chill compartment when available, in accordance with standards referred to in Article 1(2) - omit for classes 1, 2 and 3. For class 3 appliances the net volume of the 'ice box'."(c) the following point 15 is added:"15. If the model is produced in order to be built-in, this should be stated."(d) the final Note is deleted.(3) Annex III is amended as follows:The final Note is deleted.(4) In Annex V the following text is inserted after the title "ENERGY EFFICIENCY CLASS":"PART 1: Definitions of Classes A+ and A++An appliance shall be classified as A+ or A++, where the energy efficiency index alpha (Iα) is within the ranges specified in Table 1.Table 1>TABLE>In Table 1>REFERENCE TO A GRAPHIC>where:AC= annual energy consumption of appliance (in accordance with Annex I, note V)SCα= standard annual energy consumption α of applianceSCα is calculated as>REFERENCE TO A GRAPHIC>where:Vc is the net volume (in litres) of the compartment (in accordance with standards referred to in Article 1(2)).Tc is the design temperature (in °C) of the compartment.The values of Mα and Nα are given in Table 2 and the values of FF, CC, BI and CH are given in Table 3Table 2>TABLE>Table 3>TABLE>If an appliance is not A+ or A++, it shall be classified in accordance with Part 2.PART 2: Definitions of Classes A to G...."


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32000L0065

Council Directive 2000/65/EC of 17 October 2000 amending Directive 77/388/EEC as regards the determination of the person liable for payment of value added tax

Official Journal L 269 , 21/10/2000 P. 0044 - 0046

Council Directive 2000/65/ECof 17 October 2000amending Directive 77/388/EEC as regards the determination of the person liable for payment of value added taxTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 93 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:(1) The present rules laid down by Article 21 of sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment(4), as regards the determination of the person liable for payment of the tax, create serious problems for business and, in particular, for the smallest businesses.(2) Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund and of the agricultural levies and customs duties(5), Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation(6) and Council Regulation (EEC) No 218/92 of 27 January 1992 on administrative cooperation in the field of indirect taxation (VAT)(7) organise mutual assistance between the Member States as regards the correct establishment of VAT and its recovery.(3) The Commission report on the second phase of the SLIM (simpler legislation for the internal market) project recommends a study of the possibilities and different ways of reforming the tax representation system laid down by Article 21 of Directive 77/388/EEC.(4) The only change which can in fact substantially simplify the common system of VAT in general and the determination of the person liable for payment of the tax in particular is no longer to allow Member States the option of requiring the appointment of a tax representative.(5) Therefore, the appointment of a tax representative should in future only be an option for non-established taxable persons.(6) Under Article 22 of Directive 77/388/EEC, Member States may impose directly on non-established taxable persons the same obligations as those which apply to established taxable persons, including those which may be laid down under Article 22(8).(7) Where non-established taxable persons are nationals of countries with which no legal instrument exists which organises mutual assistance similar to that laid down within the Community, it will be possible for the Member States to continue to require such non-established taxable persons to designate a tax representative to be the person liable for payment of the tax in their stead or to designate an agent.(8) Member States will continue to be entirely free to designate the person liable for payment of the tax on importation.(9) Member States may continue to provide that someone other than the person liable for payment of the tax shall be held jointly and severally liable for payment of the tax.(10) Article 10 of Directive 77/388/EEC should also be clarified in order to prevent certain cases of tax avoidance in the case of continuous supplies.(11) Directive 77/388/EEC should therefore be amended accordingly,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 77/388/EEC is hereby amended as follows:1. In the first subparagraph of Article 10(2), after the second sentence, the following sentence shall be inserted:"Member States may in certain cases provide that continuous supplies of goods and services which take place over a period of time shall be regarded as being completed at least at intervals of one year."2. In Article 28f (1) (which amends Article 17(2), (3) and (4) of the same Directive), in Article 17(4)(a), the terms "Article 21 (1)(a)" shall be replaced by "Article 21 (1)(a) and (c)".3. In the fifth indent of Article 28c(E) "Other Exemptions" (3), the terms "the third subparagraph of Article 21(1)(a)" shall be replaced by "Article 21(1)(c)".4. In Article 28g (which replaces Article 21 of the same Directive), Article 21 shall be replaced by the following:"Article 21Persons liable for payment for tax1. Under the internal system, the following shall be liable to pay value added tax:(a) the taxable person carrying out the taxable supply of goods or of services, except for the cases referred to in (b) and (c).Where the taxable supply of goods or of services is effected by a taxable person who is not established within the territory of the country, Member States may, under conditions determined by them, lay down that the person liable to pay tax is the person for whom the taxable supply of goods or of services is carried out;(b) taxable persons to whom services covered by Article 9(2)(e) are supplied or persons who are identified for value added tax purposes within the territory of the country to whom services covered by Article 28b(C), (D), (E) and (F) are supplied, if the services are carried out by a taxable person not established within the territory of the country;(c) the person to whom the supply of goods is made when the following conditions are met:- the taxable operation is a supply of goods made under the conditions laid down in Article 28c(E)(3),- the person to whom the supply of goods is made is another taxable person or a non-taxable legal person identified for the purposes of value added tax within the territory of the country,- the invoice issued by the taxable person not established within the territory of the country conforms to Article 22(3).However, Member States may provide a derogation from this obligation, where the taxable person who is not established within the territory of the country has appointed a tax representative in that country;(d) any person who mentions the value added tax on an invoice or other document serving as invoice;(e) any person effecting a taxable intra-Community acquisition of goods.2. By way of derogation from the provisions of paragraph 1:(a) where the person liable to pay tax in accordance with the provisions of paragraph 1 is a taxable person who is not established within the territory of the country, Member States may allow him to appoint a tax representative as the person liable to pay tax. This option shall be subject to conditions and procedures laid down by each Member State;(b) where the taxable transaction is effected by a taxable person who is not established within the territory of the country and no legal instrument exists, with the country in which that taxable person is established or has his seat, relating to mutual assistance similar in scope to that laid down by Directives 76/308/EEC(8) and 77/799/EEC(9) and by Council Regulation (EEC) No 218/92 of 27 January 1992 on administrative cooperation in the field of indirect taxation (VAT)(10), Member States may take steps to provide that the person liable for payment of the tax shall be a tax representative appointed by the non-established taxable person.3. In the situations referred to in paragraphs 1 and 2, Member States may provide that someone other than the person liable for payment of the tax shall be held jointly and severally liable for payment of the tax.4. On importation, value added tax shall be payable by the person or persons designated or accepted as being liable by the Member State into which the goods are imported."5. In Article 28h (which replaces Article 22 of the same Directive), Article 22 shall be amended as follows:(a) In paragraph 1(c), the first indent shall be replaced by the following:"- every taxable person, with the exception of those referred to in Article 28a(4), who within the territory of the country effects supplies of goods or of services giving him the right of deduction, other than supplies of goods or of services for which tax is payable solely by the customer or the recipient in accordance with Article 21(1)(a), (b) or (c). However, Member States need not identify certain taxable persons referred to in Article 4(3);"(b) Paragraph 7 shall be replaced by the following:"7. Member States shall take the measures necessary to ensure that those persons who, in accordance with Article 21(1) and (2), are considered to be liable to pay the tax instead of a taxable person not established within the territory of the country comply with the obligations relating to declaration and payment set out in this Article; they shall also take the measures necessary to ensure that those persons who, in accordance with Article 21(3), are held to be jointly and severally liable for payment of the tax comply with the obligations relating to payment set out in this Article."6. Throughout the Directive, notwithstanding points 2, 3 and 5 of this Article, the terms "Article 21(2)" shall be replaced by "Article 21(4)".Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 2001. 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 a reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive and a table correlating the provisions of this Directive with the provisions of national law.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Luxembourg, 17 October 2000.For the CouncilThe PresidentL. Fabius(1) OJ C 409, 30.12.1998, p. 10.(2) OJ C 219, 30.7.1999, p. 91.(3) OJ C 116, 28.4.1999, p. 14.(4) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2000/17/EC (OJ L 84, 5.4.2000, p. 24).(5) OJ L 73, 19.3.1976, p. 18. Directive as last amended by the 1994 Act of Accession.(6) OJ L 336, 27.12.1977, p. 15. Directive as last amended by the 1994 Act of Accession.(7) OJ L 24, 1.2.1992, p. 1.(8) OJ L 73, 19.3.1976, p. 18. Directive as last amended by the 1994 Act of Accession.(9) OJ L 336, 27.12.1977, p. 15. Directive as last amended by the 1994 Act of Accession.(10) OJ L 24, 1.2.1992, p. 1.


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32003L0052

Directive 2003/52/EC of the European Parliament and of the Council of 18 June 2003 amending Directive 95/2/EC as regards the conditions of use for a food additive E 425 konjac (Text with EEA relevance)

Official Journal L 178 , 17/07/2003 P. 0023 - 0023

Directive 2003/52/EC of the European Parliament and of the Councilof 18 June 2003amending Directive 95/2/EC as regards the conditions of use for a food additive E 425 konjac(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Directive 95/2/EC of the European Parliament and of the Council of 20 February 1995 on food additives other than colours and sweeteners(4) authorises the use of the food additive E 425 konjac in foodstuffs under certain conditions.(2) The Commission has taken measures to suspend temporarily the placing on the market of jelly mini-cups containing E 425 konjac because they have been found to be dangerous as they have caused the death of several children and elderly persons in third countries through choking.(3) Some manufacturers of jelly mini-cups recognise the risk to human health by affixing a warning on the food package, highlighting the risk for children and the elderly.(4) On the basis of the information provided by the Member States which adopted measures at national level, it can be concluded that jelly mini-cups containing E 425 konjac constitute a life-threatening risk. In addition to their shape and size, the chemical and physical properties of konjac are the cause for jelly mini-cups to constitute a serious risk to human health.(5) In the present case, warning through labelling is not sufficient to protect human health, especially with regard to children.(6) It is necessary to modify the conditions of use for E 425 konjac as regards its use in jelly confectionery, including jelly-mini cups.(7) Directive 95/2/EC should therefore be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1In Annex IV to Directive 95/2/EC in the row for E 425: Konjac: (i) Konjac gum (ii) Konjac glucomannane the text "Foodstuffs in general (except those referred to in Article 2(3))" shall be replaced by the text "Foodstuffs in general (except those referred to in Article 2(3) and jelly confectionery including jelly-mini-cups)".Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 17 January 2004. They shall forthwith inform the Commission thereof.When Member States adopt those measures, 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 day of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Luxembourg, 18 June 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentG. Drys(1) OJ C 331 E, 31.12.2002, p. 124.(2) OJ C 85, 8.4.2003, p. 39.(3) Opinion of the European Parliament of 11 February 2003 (not yet published in the Official Journal), and Council Decision of 19 May 2003.(4) OJ L 61, 18.3.1995, p. 1. Directive as last amended by Directive 2001/5/EC (OJ L 55, 24.2.2001, p. 59).


title: Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (Codified version)

text:
               15.1.2009

               EN

               Official Journal of the European Union

               L 10/7

      COUNCIL DIRECTIVE 2008/119/EC
   of 18 December 2008
   laying down minimum standards for the protection of calves
   (Codified version)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Whereas:

               (1)

               Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Most Member States have ratified the European Convention for the protection of animals kept for farming purposes. The Community has also approved this Convention, by Council Decision 78/923/EEC (5).

               (3)

               Calves, being live animals, are included in the list of products set out in Annex I to the Treaty.

               (4)

               The keeping of calves is an integral part of agriculture. It constitutes a source of revenue for part of the agricultural population.

               (5)

               Differences which may distort conditions of competition interfere with the smooth running of the organisation of the common market in calves and calf products.

               (6)

               There is therefore a need to establish common minimum standards for the protection of rearing calves or calves for fattening in order to ensure rational development of production.

               (7)

               It is recognised scientifically that calves should benefit from an environment corresponding to their needs as a herd-living species. For that reason, they should be reared in groups. Calves, both group-housed and individually penned, should have sufficient space for exercise, for contact with other cattle and for normal movements when standing up or lying down.

               (8)

               It is necessary for official services, producers, consumers and others to be kept informed of developments in this field. The Commission should therefore, on the basis of an opinion from the European Food Safety Authority, pursue actively scientific research into the most efficient stock-farming system(s) from the point of view of the well-being of calves. Provision should accordingly be made for an interim period to enable the Commission to complete this task successfully.

               (9)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).

               (10)

               This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   This Directive lays down the minimum standards for the protection of calves confined for rearing and fattening.
   Article 2
   For the purposes of this Directive, the following definitions shall apply:

               1.

               ‘calf’ means a bovine animal up to six months old;

               2.

               ‘competent authority’ means the competent authority as defined in Article 2(6) of Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (7).

         Article 3
   1.   From 1 January 1998, the following provisions shall apply on all newly built or rebuilt holdings and on all those brought into use after that date:

               (a)

               no calf shall be confined in an individual pen after the age of eight weeks, unless a veterinarian certifies that its health or behaviour requires it to be isolated in order to receive treatment. The width of any individual pen for a calf shall be at least equal to the height of the calf at the withers, measured in the standing position, and the length shall be at least equal to the body length of the calf, measured from the tip of the nose to the caudal edge of the tuber ischii (pin bone), multiplied by 1,1.
               Individual pens for calves (except those for isolating sick animals) must not have solid walls, but perforated walls which allow the calves to have direct visual and tactile contact;

               (b)

               for calves kept in groups, the unobstructed space allowance available to each calf shall be at least equal to 1,5 m2 for each calf of a live weight of less than 150 kilograms, at least equal to 1,7 m2 for each calf of a live weight of 150 kilograms or more but less than 220 kilograms, and at least equal to 1,8 m2 for each calf of a live weight of 220 kilograms or more.

         However, the provisions of the first subparagraph shall not apply to:

               (a)

               holdings with fewer than six calves;

               (b)

               calves kept with their mothers for suckling.

         2.   From 31 December 2006, the provisions provided for in paragraph 1 shall apply to all holdings.
   Article 4
   Member States shall ensure that the conditions for rearing calves comply with the general provisions laid down in Annex I.
   Article 5
   The general provisions in Annex I may be amended in accordance with the procedure referred to in Article 10(2) in order to take account of scientific progress.
   Article 6
   By 1 January 2006, the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the European Food Safety Authority, on the intensive farming system(s) which comply with the requirements of the well-being of calves from the pathological, zootechnical, physiological and behavioural point of view, as well as the socioeconomic implications of different systems, together with proposals relevant to the report’s conclusions.
   Article 7
   1.   Member States shall ensure that inspections are carried out under the responsibility of the competent authority in order to check that the provisions of this Directive are complied with.
   These inspections, which may be carried out on the occasion of checks made for other purposes, shall each year cover a statistically representative sample of the different farming systems used in each Member State.
   2.   The Commission shall, in accordance with the procedure referred to in Article 10(2), draw up a code of rules to be applied in carrying out the inspections provided for in paragraph 1 of this Article.
   3.   Every two years, by the last working day in April and for the first time by 30 April 1996, Member States shall inform the Commission of the results of the inspections carried out during the previous two years in accordance with this Article, including the number of inspections carried out in relation to the number of holdings in their territory.
   Article 8
   In order to be imported into the Community, animals coming from a third country must be accompanied by a certificate issued by the competent authority of that country, certifying that they have received treatment at least equivalent to that granted to animals of Community origin as provided for by this Directive.
   Article 9
   Veterinary experts from the Commission may, where necessary for the uniform application of this Directive, carry out on-the-spot checks in cooperation with the competent authorities. The persons carrying out these checks shall implement the special personal hygiene measures necessary to exclude any risk of transmission of disease.
   The Member State in the territory of which a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the competent authority of the Member State concerned of the results of the checks.
   The competent authority of the Member State concerned shall take any measures which may prove necessary to take account of the results of the checks.
   With regard to relations with third countries, the provisions of Chapter III of Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries (8) shall apply.
   General rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 10(2) of this Directive.
   Article 10
   1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of 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 (9).
   2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
   The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
   Article 11
   Member States may, in compliance with the general rules of the Treaty, maintain or apply within their territories stricter provisions for the protection of calves than those laid down in this Directive. They shall inform the Commission of any such measures.
   Article 12
   Directive 91/629/EEC, as amended by the Acts listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
   Article 13
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 14
   This Directive is addressed to the Member States.

      Done at Brussels, 18 December 2008.

            For the Council

            The President

         M. BARNIER

      (1)  Opinion of 11 December 2007 (not yet published in the Official Journal).

      (2)  OJ C 324, 30.12.2006, p. 26.

      (3)  OJ L 340, 11.12.1991, p. 28.

      (4)  See Annex II, Part A.

      (5)  OJ L 323, 17.11.1978, p. 12.

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

      (7)  OJ L 224, 18.8.1990, p. 29.

      (8)  OJ L 268, 24.9.1991, p. 56.

      (9)  OJ L 31, 1.2.2002, p. 1.

      ANNEX I

                  1.

                  Materials used for the construction of calf accommodation and in particular of boxes and equipment with which calves may come into contact must not be harmful to the calves and must be capable of being thoroughly cleaned and disinfected.

                  2.

                  Until Community rules are laid down on the matter, electrical circuits and equipment must be installed in accordance with current national rules so as to avoid electric shocks.

                  3.

                  Insulation, heating and ventilation of the building must ensure that the air circulation, dust level, temperature, relative air humidity and gas concentrations are kept within limits which are not harmful to the calves.

                  4.

                  All automated or mechanical equipment essential for the calves’ health and well-being must be inspected at least once daily. Where defects are discovered, they must be rectified immediately or, if this is impossible, appropriate steps must be taken to safeguard the health and well-being of the calves until the defect has been rectified, notably by using alternative methods of feeding and maintaining a satisfactory environment.
                  Where an artificial ventilation system is used, provision must be made for an appropriate back-up system to guarantee sufficient air renewal to preserve the health and well-being of the calves in the event of failure of the system, and an alarm system must be provided to warn the stock-keeper of the breakdown. The alarm system must be tested regularly.

                  5.

                  Calves must not be kept permanently in darkness. To meet their behavioural and physiological needs, provision must be made, allowing for the different climatic conditions in the Member States, for appropriate natural or artificial lighting; if the latter, it must function for a period at least equivalent to the period of natural light normally available between 9 a.m. and 5 p.m. In addition, suitable lighting (fixed or portable) strong enough to allow the calves to be inspected at any time must be available.

                  6.

                  All housed calves must be inspected by the owner or the person responsible for the animals at least twice daily and calves kept outside must be inspected at least once daily. Any calf which appears to be ill or injured must be treated appropriately without delay and veterinary advice must be obtained as soon as possible for any calf which is not responding to the stock-keeper’s care. Where necessary, sick or injured calves must be isolated in adequate accommodation with dry, comfortable bedding.

                  7.

                  The accommodation for calves must be constructed in such a way as to allow each calf to lie down, rest, stand up and groom itself without difficulty.

                  8.

                  Calves must not be tethered, with the exception of group-housed calves which may be tethered for periods of not more than one hour at the time of feeding milk or milk substitute. Where tethers are used, they must not cause injury to the calves and must be inspected regularly and adjusted as necessary to ensure a comfortable fit. Each tether must be designed to avoid the risk of strangulation or injury and to allow the calf to move in accordance with point 7.

                  9.

                  Housing, pens, equipment and utensils used for calves must be properly cleaned and disinfected to prevent cross-infection and the build-up of disease-carrying organisms. Faeces, urine and uneaten or spilt food must be removed as often as necessary to minimise smell and avoid attracting flies or rodents.

                  10.

                  Floors must be smooth but not slippery, so as to prevent injury to the calves, and so designed as not to cause injury or suffering to calves standing or lying on them. They must be suitable for the size and weight of the calves and form a rigid, even and stable surface. The lying area must be comfortable, clean, and adequately drained and must not adversely affect the calves. Appropriate bedding must be provided for all calves less than two weeks old.

                  11.

                  All calves must be provided with an appropriate diet adapted to their age, weight and behavioural and physiological needs, to promote good health and welfare. To this end, their food must contain sufficient iron to ensure an average blood haemoglobin level of at least 4,5 mmol/litre, and a minimum daily ration of fibrous food must be provided for each calf over two weeks old, the quantity being raised from 50 g to 250 g per day for calves from eight to 20 weeks old. Calves shall not be muzzled.

                  12.

                  All calves must be fed at least twice a day. Where calves are housed in groups and not fed ad libitum or by an automatic feeding system, each calf must have access to the food at the same time as the others in the group.

                  13.

                  All calves over two weeks of age must have access to a sufficient quantity of fresh water or be able to satisfy their fluid intake needs by drinking other liquids. However, in hot weather conditions or for calves which are ill, fresh drinking water must be available at all times.

                  14.

                  Feeding and watering equipment must be designed, constructed, placed and maintained so that contamination of the calves’ feed and water is minimised.

                  15.

                  Each calf must receive bovine colostrum as soon as possible after it is born and in any case within the first six hours of life.

      ANNEX II
      PART A
      Repealed Directive with its successive amendments
      (referred to in Article 12)

                  Council Directive 91/629/EEC
                  (OJ L 340, 11.12.1991, p. 28)

                  Council Directive 97/2/EC
                  (OJ L 25, 28.1.1997, p. 24)

                  Commission Decision 97/182/EC
                  (OJ L 76, 18.3.1997, p. 30)

                  Council Regulation (EC) No 806/2003
                  (OJ L 122, 16.5.2003, p. 1)

                  only Annex III, point 25

            PART B
      List of time limits for transposition into national law
      (referred to in Article 12)

                  Directives

                  Time limit for transposition

                  91/629/EEC

                  1 January 1994

                  97/2/EC

                  31 December 1997

      ANNEX III
      CORRELATION TABLE

                  Directive 91/629/EEC

                  This Directive

                  Articles 1 and 2

                  Articles 1 and 2

                  Article 3(1)

                  —

                  Article 3(2)

                  —

                  Article 3(3), first subparagraph

                  Article 3(1), first subparagraph

                  Article 3(3), second subparagraph, introductory words

                  Article 3(1), second subparagraph, introductory words

                  Article 3(3), second subparagraph, first indent

                  Article 3(1), second subparagraph, point (a)

                  Article 3(3), second subparagraph, second indent

                  Article 3(1), second subparagraph, point (b)

                  Article 3(3), third subparagraph

                  Article 3(2)

                  Article 3(4)

                  —

                  Article 4(1)

                  Article 4

                  Articles 5 to 10

                  Articles 5 to 10

                  Article 11(1)

                  —

                  Article 11(2)

                  Article 11

                  —

                  Article 12

                  —

                  Article 13

                  Article 12

                  Article 14

                  Annex

                  Annex I

                  —

                  Annex II

                  —

                  Annex III


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31998L0092

Council Directive 98/92/EC of 14 December 1998 amending Directive 70/524/EEC concerning additives in feedingstuffs and Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector

Official Journal L 346 , 22/12/1998 P. 0049 - 0050

COUNCIL DIRECTIVE 98/92/EC of 14 December 1998 amending Directive 70/524/EEC concerning additives in feedingstuffs and Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sectorTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 43 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 Article 14 of Council Directive 95/69/EC (4) states that the Council is to adopt the amounts of the fees to be charged for the approval of establishments and their intermediaries;Whereas Article 6 of Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (5) states that a fee may be charged by the Member State acting as rapporteur for the examination of dossiers relating to Community authorisation of additives for feedingstuffs; whereas the Council is to fix the amount of that fee;Whereas an examination of the funding of the services concerned in individual Member States has revealed that the fixing of the amount of the fees at Community level would be a disproportionately far-reaching intervention in the existing systems for levying fees operated by the Member States; whereas, in addition, the costs incurred by the Member States in providing such services vary very greatly, particularly because of the wide differences in labour costs;Whereas, to avoid distortion of competition, provision should nevertheless be made that the Council has to decide on harmonised rules for the calculation of the level of the fees;Whereas the relevant provisions in Directives 70/524/EEC and 95/69/EC should be amended accordingly,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 70/524/EEC shall be amended as follows:Article 6(2) shall be replaced by the following:'2. Before 1 April 1999, the Council, acting by a qualified majority on a proposal from the Commission, shall adopt rules for the calculation of the level of the fee referred to in paragraph 1.`Article 2 Directive 95/69/EC shall be amended as follows:Article 14 shall be replaced by the following:'Article 14The Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 April 1999, adopt rules for calculating the level of the fee to be charged for the approval of establishments and their intermediaries.`Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 1999. 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 Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.Article 4 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 14 December 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ C 155, 20. 5. 1998, p. 29.(2) OJ C 292, 21. 9. 1998.(3) OJ C 284, 14. 9. 1998, p. 91.(4) OJ L 332, 30. 12. 1995, p. 15.(5) OJ L 270, 14. 12. 1970, p. 1. Directive as last amended by Directive 98/19/EC (OJ L 96, 28. 3. 1998, p. 39).


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31999L0085

Council Directive 1999/85/EC of 22 October 1999 amending Directive 77/388/EEC as regards the possibility of applying on an experiment basis a reduced VAT rate on labour-intensive services

Official Journal L 277 , 28/10/1999 P. 0034 - 0036

COUNCIL DIRECTIVE 1999/85/ECof 22 October 1999amending Directive 77/388/EEC as regards the possibility of applying on an experiment basis a reduced VAT rate on labour-intensive servicesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 93 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:(1) Article 12(3)(a) of Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - common system of value added tax: uniform basis of assessment(4) provides that the Member States may apply either one or two reduced rates only to supplies of goods and services of the categories specified in Annex H to Directive 77/388/EEC;(2) however, the problem of unemployment is so serious that those Member States wishing to do so should be allowed to experiment with the operation and impact, in terms of job creation, of a reduction in the VAT rate on labour-intensive services which are not currently listed in Annex H;(3) this reduced VAT rate is likely to reduce the incentive for the businesses concerned to join or remain in the black economy;(4) however, the introduction of a targeted reduction in the VAT rate could have a negative impact on the smooth functioning of the internal market and on tax neutrality; provision should therefore be made for an authorisation procedure to be introduced for a full and clearly defined three-year period and for the scope of this measure to be made subject to strict conditions so that it remains verifiable and limited;(5) in view of the experimental nature of the measure, a detailed assessment of its impact in terms of job creation and efficiency should be carried out by the Member States which implement it and by the Commission;(6) the measure should be strictly limited in time and should end by 31 December 2002 at the latest;(7) implementation of this Directive does not involve any amendment of the laws of the Member States,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 77/388/EEC is hereby amended as follows:1. the following paragraph shall be added to Article 28: "6. The Council, acting unanimously on a proposal from the Commission, may authorise any Member State to apply for a maximum period of three years between 1 January 2000 and 31 December 2002 the reduced rates provided for in the third subparagraph of Article 12(3)(a) to services listed in as maximum of two of the categories set out in Annex K. In exceptional cases a Member State may be authorised to apply the reduced rate to services in three of the abovementioned categories.The services concerned must satisfy the following requirements:(a) they must be labour-intensive;(b) they must be largely provided direct to final consumers;(c) they must be mainly local and not likely to create distortions of competition;(d) there must be a close link between the lower prices resulting from the rate reduction and the foreseeable increase in demand and employment.The application of a reduced rate must not prejudice the smooth functioning of the internal market.Any Member State wishing to introduce the measure provided for in the first subparagraph shall inform the Commission before 1 November 1999 and shall provide it before that date with all relevant particulars, and in particular the following:(a) scope of the measure and detailed description of the services concerned;(b) particulars showing that the conditions laid down in the second and third subparagraphs have been met;(c) particulars showing the budgetary cost of the measure envisaged.Those Member States authorised to apply the reduced rate referred to in the first subparagraph shall, before 1 October 2002, draw up a detailed report containing an overall assessment of the measure's effectiveness in terms notably of job creation and efficiency.Before 31 December 2002 the Commission shall forward a global evaluation report to the Council and Parliament accompanied, if necessary, by a proposal for appropriate measures for a final decision on the VAT rate applicable to labour-intensive services."2. A new Annex K shall be added as set out in the Annex to this Directive.Article 2This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 3This Directive is addressed to the Member States.Done at Luxembourg, 22 October 1999.For the CouncilThe PresidentS. MÖNKÄRE(1) OJ C 102, 13.4.1999, p. 10.(2) OJ C 279, 1.10.1999, p. 105.(3) OJ C 209, 22.7.1999, p. 20.(4) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 1999/59/EC (OJ L 162, 26.6.1999, p. 63).ANNEX"ANNEX KList of supplies of services referred to in Article 28(6)1. Small services of repairing:- bicycles,- shoes and leather goods,- clothing and household linen (including mending and alteration).2. Renovation and repairing of private dwellings, excluding materials which form a significant part of the value of the supply.3. Window cleaning and cleaning in private households.4. Domestic care services (e.g. home help and care of the young, elderly, sick or disabled).5. Hairdressing."


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31994L0075

Council Directive 94/75/EC of 22 December 1994 amending Directive 94/4/EC and introducing temporary derogation measures applicable to Austria and to Germany

Official Journal L 365 , 31/12/1994 P. 0052 - 0052 Finnish special edition: Chapter 9 Volume 3 P. 0009  Swedish special edition: Chapter 9 Volume 3 P. 0009

COUNCIL  DIRECTIVE 94/75/EC of 22 December 1994 amending Directive 94/4/EC and introducing temporary  derogation measures applicable to Austria and to Germany(94/000/EC THE COUNCIL OF THE EUROPEAN UNION, Having regard to the 1994 Accession Treaty, and in particular Article 2 (3) thereof, and the 1994  Act of Accession, and in particular Article 151 (2) thereof, Having regard to the proposal from the Commission, Whereas, on 5 September 1994, the Republic of Austria requested a derogation based on that  applicable from 1 April 1994 to the Federal Republic of Germany pursuant to Article 3 (2) of  Council Directive 94/4/EC of 14 February 1994 amending Directives 69/196/EEC and 77/388/EEC and  increasing the level of allowances for travellers coming from third countries and the limits on  tax-free purchases in intra-Community travel (1); Whereas that request is aimed in particular at maintaining, until 1 January 1998, the limit  currently applicable in Austria to imports of goods by travellers entering its territory by a land  frontier linking it to countries other than Member States and members of the European Free Trade  Association (EFTA); Whereas account should be taken of the economic difficulties likely to be caused in Austria by the  amount of the allowances in the case of the travellers concerned; Whereas, however, it is necessary to prevent distortions of competition resulting from the  application of different limits when the external frontiers linking the Community to countries  other than EFTA members are crossed; whereas it is important that the Federal Republic of Germany  and the Republic of Austria should apply the same limit to imports of goods into their respective  territories by travellers coming from the said countries, HAS ADOPTED THIS DIRECTIVE: Article 1 Article 3 (2) of Directive 94/4/EC shall be replaced by the  following: '2.  By way of derogation from paragraph 1, the Federal Republic of Germany and the Republic of  Austria shall be authorized to bring into force the measures necessary to comply with this  Directive by 1 January 1998 at the latest for goods imported by travellers entering German or  Austrian territory by a land frontier linking Germany or Austria to countries other than Member  States and the EFTA members or, where applicable, by means of coastal navigation coming from the  said countries. However, from the entry into force of the 1994 Accession Treaty, those Member States shall apply an  allowance of not less then ECU 75 to imports by the travellers referred to in the preceding  subparagraph.` Article 2 1.  Subject to the entry into force of the 1994 Accession Treaty, Member States shall  implement the laws, regulations and administrative provisions necessary to comply with this  Directive, by the date of entry into force thereof. 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 publication. The methods of making such a  reference shall be laid down by the Member States. 2.  Member States shall communicate to the Commission the text of the provisions of domestic law  which they adopt in the field covered by this Directive. Article 3 This Directive shall enter into force on the same date as the 1994 Accession Treaty. Article 4 This Directive is addressed to the Member States. Done at Brussels, 22 December 1994. For the Council The President H. SEEHOFER (1) OJ No L 60, 3. 3. 1994, p. 14.


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31989L0461

Council Directive 89/461/EEC of 18 July 1989 amending, with a view to fixing certain maximum authorized dimensions for articulated vehicles, Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles

Official Journal L 226 , 03/08/1989 P. 0007 - 0007 Finnish special edition: Chapter 13 Volume 19 P. 0061  Swedish special edition: Chapter 13 Volume 19 P. 0061

COUNCIL DIRECTIVE of 18 July 1989 amending, with a view to fixing certain maximum authorized dimensions for articulated vehicles, Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles  (89/461/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 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, in order to make combined vehicles more productive, manufacturers are proposing a maximum usable volume within the constraints imposed by Directive 85/3/EEC (4), as last amended by Directive 89/460/EEC (5);  Whereas this increase in the usable volume involves a reduction in the space reserved for the driver and in the space between the tractive unit and the semi-trailer by means of special coupling devices;  Whereas there is a consequent deterioration in the comfort and safety of the driver's working area;  Whereas the current standards should be improved so as to lead to a better balance between the rational and economic use of commercial road vehicles and the requirements of road safety by making tractive units for semi-trailers more interchangeable  while ensuring that drivers have enough room,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Council Directive 85/3/EEC is hereby amended as follows:  1.  The following Article is inserted:  ´Article 4a Articulated vehicles put into circulation before 1 January 1991 which do not comply with the new specifications contained in points 1.6 and 4.4 of Annex I shall be deemed to comply with such specifications for the purposes of Article 3 (1) if they do not exceed the total length of 15,50 metres.' 2.  Point 1.1 of Annex I is replaced by the following:  ´1.1  Maximum length - motor vehicle12,00 metres'.  - trailer12,00 metres'.  - articulated vehicle16,50 metres'.  - road train18,00 metres'.  - articulated bus18,00 metres'.  3.  The following point is inserted in Annex I:  ´1.6.  Maximum distance betwen the axis of the fifth-wheel king pin and the rear of a semi-trailer12,00 metres'.  4.  The following point is inserted in Annex I:  ´4.4.  Semi-trailers:  The distance measured horizontally between the axis of the fifth-wheel king pin and any point at the front of the semi-trailer must not exceed 2,04 metres'.  Article 2 After consulting the Commission, the Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1991.  Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.  Article 3 This Directive is addressed to the Member States.   Done at Brussels, 18 July 1989.  For the Council The President R. DUMAS   (1) OJ No C 214, 16. 8. 1988, p. 1. (2) OJ No C 47, 27. 2. 1989, p. 157. (3) OJ No C 71, 29. 3. 1989, p. 17. (4) OJ No L 2, 3. 1. 1985, p. 14. (5) See page 5 of this Official Journal.