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31996L0071

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services

Official Journal L 018 , 21/01/1997 P. 0001 - 0006

DIRECTIVE 96/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 1996 concerning the posting of workers in the framework of the provision of services THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 57 (2) and 66 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),(1) Whereas, pursuant to Article 3 (c) of the Treaty, the abolition, as between Member States, of obstacles to the free movement of persons and services constitutes one of the objectives of the Community;(2) Whereas, for the provision of services, any restrictions based on nationality or residence requirements are prohibited under the Treaty with effect from the end of the transitional period;(3) Whereas the completion of the internal market offers a dynamic environment for the transnational provision of services, prompting a growing number of undertakings to post employees abroad temporarily to perform work in the territory of a Member State other than the State in which they are habitually employed;(4) Whereas the provision of services may take the form either of performance of work by an undertaking on its account and under its direction, under a contract concluded between that undertaking and the party for whom the services are intended, or of the hiring-out of workers for use by an undertaking in the framework of a public or a private contract;(5) Whereas any such promotion of the transnational provision of services requires a climate of fair competition and measures guaranteeing respect for the rights of workers;(6) Whereas the transnationalization of the employment relationship raises problems with regard to the legislation applicable to the employment relationship; whereas it is in the interests of the parties to lay down the terms and conditions governing the employment relationship envisaged;(7) Whereas the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (4), signed by 12 Member States, entered into force on 1 April 1991 in the majority of Member States;(8) Whereas Article 3 of that Convention provides, as a general rule, for the free choice of law made by the parties; whereas, in the absence of choice, the contract is to be governed, according to Article 6 (2), by the law of the country, in which the employee habitually carries out his work in performance of the contract, even if he is temporarily employed in another country, or, if the employee does not habitually carry out his work in any one country, by the law of the country in which the place of business through which he was engaged is situated, unless it appears from the circumstances as a whole that the contract is more closely connected with another country, in which case the contract is to be governed by the law of that country;(9) Whereas, according to Article 6 (1) of the said Convention, the choice of law made by the parties is not to have the result of depriving the employee of the protection afforded to him by the mandatory rules of the law which would be applicable under paragraph 2 of that Article in the absence of choice;(10) Whereas Article 7 of the said Convention lays down, subject to certain conditions, that effect may be given, concurrently with the law declared applicable, to the mandatory rules of the law of another country, in particular the law of the Member State within whose territory the worker is temporarily posted;(11) Whereas, according to the principle of precedence of Community law laid down in its Article 20, the said Convention does not affect the application of provisions which, in relation to a particular matter, lay down choice-of-law rules relating to contractual obligations and which are or will be contained in acts of the institutions of the European Communities or in national laws harmonized in implementation of such acts;(12) Whereas Community law does not preclude Member States from applying their legislation, or collective agreements entered into by employers and labour, to any person who is employed, even temporarily, within their territory, although his employer is established in another Member State; whereas Community law does not forbid Member States to guarantee the observance of those rules by the appropriate means;(13) Whereas the laws of the Member States must be coordinated in order to lay down a nucleus of mandatory rules for minimum protection to be observed in the host country by employers who post workers to perform temporary work in the territory of a Member State where the services are provided; whereas such coordination can be achieved only by means of Community law;(14) Whereas a 'hard core` of clearly defined protective rules should be observed by the provider of the services notwithstanding the duration of the worker's posting;(15) Whereas it should be laid down that, in certain clearly defined cases of assembly and/or installation of goods, the provisions on minimum rates of pay and minimum paid annual holidays do not apply;(16) Whereas there should also be some flexibility in application of the provisions concerning minimum rates of pay and the minimum length of paid annual holidays; whereas, when the length of the posting is not more than one month, Member States may, under certain conditions, derogate from the provisions concerning minimum rates of pay or provide for the possibility of derogation by means of collective agreements; whereas, where the amount of work to be done is not significant, Member States may derogate from the provisions concerning minimum rates of pay and the minimum length of paid annual holidays;(17) Whereas the mandatory rules for minimum protection in force in the host country must not prevent the application of terms and conditions of employment which are more favourable to workers;(18) Whereas the principle that undertakings established outside the Community must not receive more favourable treatment than undertakings established in the territory of a Member State should be upheld;(19) Whereas, without prejudice to other provisions of Community law, this Directive does not entail the obligation to give legal recognition to the existence of temporary employment undertakings, nor does it prejudice the application by Member States of their laws concerning the hiring-out of workers and temporary employment undertakings to undertakings not established in their territory but operating therein in the framework of the provision of services;(20) Whereas this Directive does not affect either the agreements concluded by the Community with third countries or the laws of Member States concerning the access to their territory of third-country providers of services; whereas this Directive is also without prejudice to national laws relating to the entry, residence and access to employment of third-country workers;(21) Whereas Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (5) lays down the provisions applicable with regard to social security benefits and contributions;(22) Whereas this Directive is without prejudice to the law of the Member States concerning collective action to defend the interests of trades and professions;(23) Whereas competent bodies in different Member States must cooperate with each other in the application of this Directive; whereas Member States must provide for appropriate remedies in the event of failure to comply with this Directive;(24) Whereas it is necessary to guarantee proper application of this Directive and to that end to make provision for close collaboration between the Commission and the Member States;(25) Whereas five years after adoption of this Directive at the latest the Commission must review the detailed rules for implementing this Directive with a view to proposing, where appropriate, the necessary amendments,HAVE ADOPTED THIS DIRECTIVE:Article 1Scope 1. This Directive shall apply to undertakings established in a Member State which, in the framework of the transnational provision of services, post workers, in accordance with paragraph 3, to the territory of a Member State.2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel.3. This Directive shall apply to the extent that the undertakings referred to in paragraph 1 take one of the following transnational measures:(a) post workers to the territory of a Member State on their account and under their direction, under a contract concluded between the undertaking making the posting and the party for whom the services are intended, operating in that Member State, provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting; or(b) post workers to an establishment or to an undertaking owned by the group in the territory of a Member State, provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting; or(c) being a temporary employment undertaking or placement agency, hire out a worker to a user undertaking established or operating in the territory of a Member State, provided there is an employment relationship between the temporary employment undertaking or placement agency and the worker during the period of posting.4. Undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State.Article 2Definition 1. For the purposes of this Directive, 'posted worker` means a worker who, for a limited period, carries out his work in the territory of a Member State other than the State in which he normally works.2. For the purposes of this Directive, the definition of a worker is that which applies in the law of the Member State to whose territory the worker is posted.Article 3Terms and conditions of employment 1. Member States shall ensure that, whatever the law applicable to the employment relationship, the undertakings referred to in Article 1 (1) guarantee workers posted to their territory the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down:- by law, regulation or administrative provision, and/or- by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8, insofar as they concern the activities referred to in the Annex:(a) maximum work periods and minimum rest periods;(b) minimum paid annual holidays;(c) the minimum rates of pay, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;(d) the conditions of hiring-out of workers, in particular the supply of workers by temporary employment undertakings;(e) health, safety and hygiene at work;(f) protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth, of children and of young people;(g) equality of treatment between men and women and other provisions on non-discrimination.For the purposes of this Directive, the concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or practice of the Member State to whose territory the worker is posted.2. In the case of initial assembly and/or first installation of goods where this is an integral part of a contract for the supply of goods and necessary for taking the goods supplied into use and carried out by the skilled and/or specialist workers of the supplying undertaking, the first subparagraph of paragraph 1 (b) and (c) shall not apply, if the period of posting does not exceed eight days.This provision shall not apply to activities in the field of building work listed in the Annex.3. Member States may, after consulting employers and labour, in accordance with the traditions and practices of each Member State, decide not to apply the first subparagraph of paragraph 1 (c) in the cases referred to in Article 1 (3) (a) and (b) when the length of the posting does not exceed one month.4. Member States may, in accordance with national laws and/or practices, provide that exemptions may be made from the first subparagraph of paragraph 1 (c) in the cases referred to in Article 1 (3) (a) and (b) and from a decision by a Member State within the meaning of paragraph 3 of this Article, by means of collective agreements within the meaning of paragraph 8 of this Article, concerning one or more sectors of activity, where the length of the posting does not exceed one month.5. Member States may provide for exemptions to be granted from the first subparagraph of paragraph 1 (b) and (c) in the cases referred to in Article 1 (3) (a) and (b) on the grounds that the amount of work to be done is not significant.Member States availing themselves of the option referred to in the first subparagraph shall lay down the criteria which the work to be performed must meet in order to be considered as 'non-significant`.6. The length of the posting shall be calculated on the basis of a reference period of one year from the beginning of the posting.For the purpose of such calculations, account shall be taken of any previous periods for which the post has been filled by a posted worker.7. Paragraphs 1 to 6 shall not prevent application of terms and conditions of employment which are more favourable to workers.Allowances specific to the posting shall be considered to be part of the minimum wage, unless they are paid in reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging.8. 'Collective agreements or arbitration awards which have been declared universally applicable` means collective agreements or arbitration awards which must be observed by all undertakings in the geographical area and in the profession or industry concerned.In the absence of a system for declaring collective agreements or arbitration awards to be of universal application within the meaning of the first subparagraph, Member States may, if they so decide, base themselves on:- collective agreements or arbitration awards which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or- collective agreements which have been concluded by the most representative employers' and labour organizations at national level and which are applied throughout national territory,provided that their application to the undertakings referred to in Article 1 (1) ensures equality of treatment on matters listed in the first subparagraph of paragraph 1 of this Article between those undertakings and the other undertakings referred to in this subparagraph which are in a similar position.Equality of treatment, within the meaning of this Article, shall be deemed to exist where national undertakings in a similar position:- are subject, in the place in question or in the sector concerned, to the same obligations as posting undertakings as regards the matters listed in the first subparagraph of paragraph 1, and- are required to fulfil such obligations with the same effects.9. Member States may provide that the undertakings referred to in Article 1 (1) must guarantee workers referred to in Article 1 (3) (c) the terms and conditions which apply to temporary workers in the Member State where the work is carried out.10. This Directive shall not preclude the application by Member States, in compliance with the Treaty, to national undertakings and to the undertakings of other States, on a basis of equality of treatment, of:- terms and conditions of employment on matters other than those referred to in the first subparagraph of paragraph 1 in the case of public policy provisions,- terms and conditions of employment laid down in the collective agreements or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annex.Article 4Cooperation on information 1. For the purposes of implementing this Directive, Member States shall, in accordance with national legislation and/or practice, designate one or more liaison offices or one or more competent national bodies.2. Member States shall make provision for cooperation between the public authorities which, in accordance with national legislation, are responsible for monitoring the terms and conditions of employment referred to in Article 3. Such cooperation shall in particular consist in replying to reasoned requests from those authorities for information on the transnational hiring-out of workers, including manifest abuses or possible cases of unlawful transnational activities.The Commission and the public authorities referred to in the first subparagraph shall cooperate closely in order to examine any difficulties which might arise in the application of Article 3 (10).Mutual administrative assistance shall be provided free of charge.3. Each Member State shall take the appropriate measures to make the information on the terms and conditions of employment referred to in Article 3 generally available.4. Each Member State shall notify the other Member States and the Commission of the liaison offices and/or competent bodies referred to in paragraph 1.Article 5Measures Member States shall take appropriate measures in the event of failure to comply with this Directive.They shall in particular ensure that adequate procedures are available to workers and/or their representatives for the enforcement of obligations under this Directive.Article 6Jurisdiction In order to enforce the right to the terms and conditions of employment guaranteed in Article 3, judicial proceedings may be instituted in the Member State in whose territory the worker is or was posted, without prejudice, where applicable, to the right, under existing international conventions on jurisdiction, to institute proceedings in another State.Article 7Implementation Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 16 December 1999 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt these provisions, 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.Article 8Commission review By 16 December 2001 at the latest, the Commission shall review the operation of this Directive with a view to proposing the necessary amendments to the Council where appropriate.Article 9This Directive is addressed to the Member States.Done at Brussels, 16 December 1996.For the European ParliamentThe PresidentK. HÄNSCHFor the CouncilThe PresidentI. YATES(1) OJ No C 225, 30. 8. 1991, p. 6 andOJ No C 187, 9. 7. 1993, p. 5.(2) OJ No C 49, 24. 2. 1992, p. 41.(3) Opinion of the European Parliament of 10 February 1993 (OJ No C 72, 15. 3. 1993, p. 78), Council common position of 3 June 1996 (OJ No C 220, 29. 7. 1996, p. 1) and Decision of the European Parliament of 18 September 1996 (not yet published in the Official Journal). Council Decision of 24 September 1996.(4) OJ No L 266, 9. 10. 1980, p. 1.(5) OJ No L 149, 5. 7. 1971, p. 2; Special Edition 1971 (II), p. 416. Regulation as last amended by Regulation (EC) No 3096/95 (OJ No L 335, 30. 12. 1995, p. 10).ANNEX The activities mentioned in Article 3 (1), second indent, include all building work relating to the construction, repair, upkeep, alteration or demolition of buildings, and in particular the following work:1. excavation2. earthmoving3. actual building work4. assembly and dismantling of prefabricated elements5. fitting out or installation6. alterations7. renovation8. repairs9. dismantling10. demolition11. maintenance12. upkeep, painting and cleaning work13. improvements.


Avis juridique important

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31996L0035

Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway

Official Journal L 145 , 19/06/1996 P. 0010 - 0015

COUNCIL DIRECTIVE 96/35/EC of 3 June 1996 on the appointment and vocational qualification of  safety advisers for the transport of dangerous goods by road, rail and inland waterway THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 75  thereof, Having regard to the proposal from the Commission  (1), Having regard to the opinion of the Economic and Social Committee  (2), Acting in accordance with the procedure laid down in Article 189c of the Treaty  (3), Whereas over a number of years the quantities of dangerous goods transported nationally and  internationally have increased considerably, increasing the risk of accidents; Whereas some of the accidents which occur when dangerous goods are transported may be caused by  insufficient knowledge of the risks inherent in such transport; Whereas it is necessary, in the context of the completion of the single market in transport, to  adopt measures to improve the prevention of the risks inherent in such transport; Whereas Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage  improvements in the safety and health of workers at work  (4) does not introduce measures to  prevent the risks inherent in the transport of dangerous goods; Whereas undertakings involved in the transport or the related loading or unloading of dangerous  goods should be required to comply with the rules on the prevention of the risks inherent in the  transport of dangerous goods, whether by road, rail or inland waterway; whereas, to that end, the  appointment of safety advisers for the transport of dangerous goods who have received appropriate  vocational training should be prescribed; Whereas the objective of the vocational training of such safety advisers must be knowledge of the  essential laws, regulations and administrative provisions applicable to such transport; Whereas the Member States must set up a common minimum framework for vocational training attested  to by success in an examination; Whereas the Member States must issue Community-type certificates attesting to advisers' vocational  qualifications so that the possessors of such certificates may then practise their trade throughout  the Community; Whereas the vocational qualification of safety advisers will help to improve the quality of the  service they provide in the interests of users; whereas such vocational qualification will also  help to minimize the risk of accidents which may cause irreversible damage to the environment and  serious injury to other persons who may come into contact with dangerous goods, HAS ADOPTED THIS DIRECTIVE: Article 1 Aim The Member States shall take the necessary measures in  accordance with the requirements of this Directive to ensure that no later than 31 December 1999  undertakings the activities of which include the transport, or the related loading or unloading, of  dangerous goods by road, rail or inland waterway each appoint one or more safety advisers for the  transport of dangerous goods, responsible for helping to prevent the risks inherent in such  activities with regard to persons, property and the environment. Article 2 Definitions For the purposes of this Directive: (a)  'undertaking` shall mean any natural person, any legal person, whether profit-making or not,  any association or group of persons without legal personality, whether profit-making or not, or any  official body, whether it has legal personality itself or is dependent upon an authority that has  such personality, that transports, loads or unloads dangerous goods; (b)  'safety adviser for the transport of dangerous goods`, hereinafter referred to as 'adviser`,  shall mean any person appointed by the head of an undertaking whose role is to carry out the tasks  and fulfil the functions defined in Article 4 and who holds the training certificate provided for  in Article 5; (c)  'dangerous goods` shall mean goods defined as such in Annex A to Council Directive 94/55/EC of  21 November 1994 on the approximation of the laws of the Member States with regard to the transport  of dangerous goods by road  (1); (d)  'activities` shall mean the transport of dangerous goods by road, rail or inland waterway with  the exception of national inland waterways not connected to the inland waterways of other Member  States, together with the related loading and unloading. Article 3 Exemptions The Member States may provide that this Directive shall not apply to  undertakings: (a)  the activities of which concern the transport of dangerous goods in means of transport that  belong to the armed forces or are under their responsibility, (b)  the activities of which concern quantities in each transport unit smaller than those defined  in marginals 10010 and 10011 in Annex B to Directive 94/55/EC, or (c)  the main or secondary activities of which are not the transport or the related loading or  unloading of dangerous goods but which occasionally engage in the national transport or the related  loading or unloading of dangerous goods posing little danger or risk of pollution. Article 4 The role and appointment of the adviser 1.  The main task of the adviser shall be,  under the responsibility of the head of the undertaking, to seek by all appropriate means and by  all appropriate action, within the limits of the relevant activities of that undertaking, to  facilitate the conduct of those activities in accordance with the rules applicable and in the  safest possible way. He shall perform the duties listed in Annex I relevant to the undertaking's  activities. 2.  The adviser may also be the head of the undertaking, a person with other duties in the  undertaking, or a person not directly employed by that undertaking, provided that that person is  capable of performing the duties of adviser. 3.  Each undertaking concerned shall, on request, inform the competent authority or the body  designed for that purpose by each Member State of the identity of its adviser. Article 5 Training certificate 1.  An adviser shall hold a Community-type vocational-training  certificate, hereinafter referred to as 'the certificate`, valid for the mode or modes of transport  concerned. That certificate shall be issued by the competent authority or the body designated for  that purpose by each Member State. 2.  To obtain a certificate a candidate shall undergo training and pass an examination approved by  the Member State's competent authority. 3.  The main aims of the training shall be to provide candidates with sufficient knowledge of the  risks inherent in the transport of dangerous goods, of the laws, regulations and administrative  provisions applicable to the modes of transport concerned and of the duties listed in Annex I. 4.  The examination shall cover at least the subjects listed in Annex II. 5.  The certificate shall take the form laid down in Annex III. 6.  The certificate shall be recognized by all Member States. Article 6 The validity of the certificate The certificate shall be valid for five years. The  period of validity of a certificate shall be extended automatically for five years at a time where,  during the final year before its expiry, its holder has followed refresher courses or passed an  examination both of which must be approved by the competent authority. Article 7 Accident reports Whenever an accident affects person, property or the environment or  results in damage to property or the environment during transport, loading or unloading carried out  by the undertaking concerned, the adviser shall, after collecting all the relevant information,  prepare an accident report to the management of the undertaking or to a local public authority, as  appropriate. That report shall not replace any report by the management of the undertaking which might be  required in the Member States under any other international, Community or national legislation. Article 8 Adaptation of the Directive The amendments necessary to adapt this Directive to  scientific and technical progress in the areas within its scope shall be adopted in accordance with  the procedure laid down in Article 9. Article 9 1.  The Commission shall be assisted by the committee on the transport of dangerous  goods established by Article 9 of Directive 94/55/EC, hereinafter referred to as 'the Committee`,  which shall consist of representatives of the Member States and shall be chaired by a  representative of the Commission. 2.  The Commission representative shall submit to the Committee a draft of the measures to be  taken. The Committee shall deliver its opinion on that draft within a time limit which the chairman  may lay down according to the urgency of the matter. The opinion shall be delivered by the majority  laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required  to adopt on a proposal from the Commission. The votes of the representatives of the Member States  within the Committee shall be weighted in the manner laid down in that Article. The chairman shall  not vote. 3.  (a)  The Commission shall adopt the measures envisaged if they are in accordance with the  Committee's opinion. (b)  If the measures envisaged are not in accordance with the Committee's opinion or if the  Committee does not deliver an opinion the Commission shall, without delay, submit to the Council a  proposal relating to the measures to be taken. The Council shall act by a qualified majority. If within three months of the date of the referral to it the Council has not acted, the Commission  shall adopt the measures proposed. Article 10 This Directive shall be without prejudice to the provisions on the safety and health  of workers at the workplace laid down in Directive 89/391/EEC and in the individual Directives  implementing it. Article 11 1.  The Member States shall bring into force the necessary laws, regulations and  administrative provisions in order to comply with this Directive no later than 31 December 1999.  They shall forthwith inform the Commission thereof. When Member States adopt those measures they shall include references to this Directive or shall  accompany them with such references on their official publication. The Member States shall  prescribe the manner in which such references shall be made. 2.  The Member States shall communicate to the Commission the texts of the main provisions of  domestic law which they adopt in the field governed by this Directive. Article 12 This Directive is addressed to the Member States. Done at Luxembourg, 3 June 1996. For the Council The President T. TREU  ANNEX I DUTIES OF THE ADVISER REFERRED TO IN ARTICLE 4 (1) The adviser has the  following duties in particular: -  monitoring compliance with the rules governing the transport of dangerous goods, -  advising his undertaking on the transport of dangerous goods, -  preparing an annual report to the management of his undertaking or a local public authority, as  appropriate, on the undertaking's activities in the transport of dangerous goods. Such annual  reports shall be preserved for five years and made available to the national authorities at their  request. The adviser's duties also include monitoring the following practices and procedures relating to the  relevant activities of the undertaking: -  the procedures for compliance with the rules governing the identification of dangerous goods  being transported, -  the undertaking's practice in taking account, when purchasing means of transport, of any special  requirements in connection with the dangerous goods being transported, -  the procedures for checking the equipment used in connection with the transport, loading or  unloading of dangerous goods, -  the proper training of the undertaking's employees and the maintenance of records of such  training, -  the implementation of proper emergency procedures in the event of any accident or incident that  may affect safety during the transport, loading or unloading of dangerous goods, -  investigating and, where appropriate, preparing reports on serious accidents, incidents or  serious infringements recorded during the transport, loading or unloading of dangerous goods, -  the implementation of appropriate measures to avoid the recurrence of accidents, incidents or  serious infringements, -  the account taken of the legal prescriptions and special requirements associated with the  transport of dangerous goods in the choice and use of sub-contractors or third parties, -  verification that employees involved in the transport, loading or unloading of dangerous goods  have detailed operational procedures and instructions, -  the introduction of measures to increase awareness of the risks inherent in the transport,  loading and unloading of dangerous goods, -  the implementation of verification procedures to ensure the presence on board means of transport  of the documents and safety equipment which must accompany transport and the compliance of such  documents and equipment with the regulations, -  the implementation of verification procedures to ensure compliance with the rules governing  loading and unloading.  ANNEX II Subjects referred to in Article 5 (4) The knowledge required to qualify for a  certificate must include at least the following: I.  General preventive and safety measures: -  knowledge of the types of consequences which may be caused by an accident involving dangerous  goods, -  knowledge of the main causes of accidents. II.  Provisions relating to the mode of transport used under national law, Community standards,  international conventions and agreements, with regard to the following in particular: 1.  the classification of dangerous goods: -  the procedure for classifying solutions and mixtures, -  the structure of the description of substances, -  the classes of dangerous goods and the principles of their classification, -  the nature of the dangerous substances and articles transported, -  their physical, chemical and toxicological properties; 2.  general packaging requirements, to include tankers, tank-containers, etc.: -  types of packaging, codification and marking, -  packaging requirements and prescriptions for testing packaging, -  the state of packaging and periodic checks; 3.  danger markings and labels: -  the markings on danger labels, -  the placing and removal of danger labels, -  placarding and labelling; 4.  references in transport documents: -  information in the transport document, -  the consignor's declaration of conformity; 5.  the method of consignment and restrictions on dispatch: -  full load, -  bulk transport, -  transport in large bulk containers, -  container transport, -  transport in fixed and removable tanks; 6.  the transport of passengers; 7.  prohibitions and precautions relating to mixed loading; 8.  the segregation of substances; 9.  limits on the quantities carried and quantities exempt; 10.  handling and stowage: -  loading and unloading (filling ratios), -  stowage and segregation; 11.  cleaning and/or degassing before loading and after unloading; 12.  crews: vocational training; 13.  vehicle papers: -  the transport document, -  written instructions, -  the vehicle-approval certificate, -  the vehicle driver's training certificate; -  the attestation of training in inland waterway transport, -  copies of any derogations, -  other documents; 14.  safety instructions: implementation of the instructions and driver-protection equipment; 15.  surveillance obligations: parking; 16.  traffic and navigation regulations and restrictions; 17.  operational and accidental discharges of pollutants; 18.  requirements relating to transport equipment.  ANNEX III >START OF GRAPHIC>FORM OF CERTIFICATE REFERRED TO IN ARTICLE 5 (5) EC certificate of training as safety adviser for the transport of dangerous goods Certificate No:    Distinctive sign of the Member State issuing the certificate:    Surname:    Forename(s):    Date and place of birth:    Nationality:    Signature of holder:    Valid until ......................... for undertakings which transport dangerous goods and for  undertakings which carry out related loading or unloading:   by road   by rail   by inland waterway Issued by:    Date:    Signature:    Extended until:    By:    Date:    Signature:    >END OF GRAPHIC>


title: Commission Directive 2008/78/EC of 25 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include propiconazole as an active substance in Annex I thereto (Text with EEA relevance)

text:
               26.7.2008

               EN

               Official Journal of the European Union

               L 198/44

      COMMISSION DIRECTIVE 2008/78/EC
   of 25 July 2008
   amending Directive 98/8/EC of the European Parliament and of the Council to include propiconazole as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes propiconazole.

               (2)

               Pursuant to Regulation (EC) No 1451/2007, propiconazole has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.

               (3)

               Finland was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 5 April 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 29 November 2007, in an assessment report.

               (5)

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

               (6)

               It appears from the examinations made that biocidal products used as wood preservatives and containing propiconazole may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include propiconazole in Annex I for product type 8, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing propiconazole can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC. However, unacceptable risks were identified for the in situ treatment of wood outdoors and for treated wood exposed to weathering. Authorisation of these uses will require the submission of data demonstrating that the products can be used without unacceptable risks to the environment.

               (7)

               In the light of the findings of the assessment report, it is appropriate to require that products containing propiconazole and used as wood preservatives must be used with appropriate personal protective equipment, that risk mitigation measures are applied to protect the soil and aquatic compartments and that related instructions are provided, in accordance with Article 10(2)(i)(d) of Directive 98/8/EC.

               (8)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance propiconazole and also to facilitate the proper operation of the biocidal products market in general.

               (9)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (10)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product type 8 containing propiconazole to ensure that they comply with Directive 98/8/EC.

               (11)

               Directive 98/8/EC should therefore be amended accordingly.

               (12)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 31 March 2009 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 April 2010.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 25 July 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2008/31/EC (OJ L 81, 20.3.2008, p. 57).

      (2)  OJ L 325, 11.12.2007, p. 3.

      ANNEX
      The following entry ‘No 8’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common name

                     IUPAC name
                     Identification numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3)
                     (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘8

                     propiconazole

                     1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole
                     EC No: 262-104-4
                     CAS No: 60207-90-1

                     930 g/kg

                     1 April 2010

                     31 March 2012

                     31 March 2020

                     8

                     Member States shall ensure that authorisations are subject to the following conditions:
                     In view of the assumptions made during the risk assessment, products authorised for industrial and/or professional use, must be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial and/or professional users can be reduced to an acceptable level by other means.
                     In view of the risks identified for the soil and aquatic compartments appropriate risk mitigation measures must be taken to protect those compartments. In particular, labels and/or safety data sheets of products authorised for industrial use shall indicate that freshly treated timber must be stored after treatment under shelter or on impermeable hard standing to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.
                     In addition, products cannot be authorised for the in situ treatment of wood outdoors or for wood that will be exposed to weathering unless data is submitted to demonstrate that the product will meet the requirements of Article 5 and Annex VI, if necessary by the application of appropriate risk mitigation measures.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm