title: Council Directive 66/45/Euratom of 27 October 1966 amending the Directives laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations

text:
                                    Official Journal of the European Communities                                    265
26.11.66                      OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                      3693 /66
                                                COUNCIL DIRECTIVE
                                                   of 27 October 1966
             amending the Directives laying down the basic standards for the protection of the health
             of workers and the general public against the dangers arising from ionising radiations
                                                    (66/45/Euratom)
THE     COUNCIL     OF     THE     EUROPEAN     ATOMIC         arising from ionising radiations, as amended by the
ENERGY COMMUNITY,                                              Council Directive of 5 March 1962,3 shall be amended
                                                               in accordance with Articles 2 to 20.
Having regard to the Treaty establishing the European
Atomic Energy Community, and in particular Articles
31 and 32 thereof ;                                                                      Article 2
Having regard to the request of the Federal Republic           In Article 1 ( 1 ) the seventh and eighth subparagraphs
of Germany of 23 March 1960 for the basic standards            shall be replaced by the following :
to be revised and supplemented ;
                                                                   'Exposure': any exposure of persons to ionising
Having regard to the Opinion of the specialist group               radiation ; a distinction is made between :
appointed by the Scientific and Technical Committee
from among scientific experts in the Member States ;               — external exposure, where the source is outside
                                                                       the body ;
Having regard to the Opinion of the Economic and
Social Committee ;                                                 — internal exposure, which is caused by the intro
                                                                       duction of radioactive substances into the body ;
Having regard to the proposal from the Commission ;                    and
After consulting the European Parliament1 ;                        — total exposure, which is the sum of external
                                                                       exposure and internal exposure.
Whereas the basic standards must be adjusted in
accordance with the most recent scientific data ;                  'Planned abnormal exposure' : external and internal
                                                                   (or external or internal) exposure as a result of
Whereas it is necessary to take account of experience              which a maximum permissible dose is exceeded in
acquired from the practical application of the basic               occupationally exposed persons, and for which the
standards by the Member States ;                                   risk has previously been studied and accepted. It
                                                                   may be authorised only in cases of absolute
                                                                   necessity.
HAS ADOPTED THIS DIRECTIVE :
                                                                   ' Unplanned abnormal exposure': external and
                                                                   internal (or external or internal) exposure which
                         Article 1
                                                                   is of a fortuitous nature and which involves ex
                                                                   ceeding a maximum permissible dose for occu
The Council Directives of 2 February 1959 laying down              pationally exposed persons .
the basic standards for the protection of the health of
workers and the general public against the dangers
                                                               2 OJ No 11 , 20.2.1959, p . 221/59.
1 OJ No 96, 2.6.1965, p . 1696/65 .                            3 OJ No 57, 9.7.1962, p . 1633/62.
 ---pagebreak---  266                                         Official Journal of the European Communities
                               Article 3                                         A single dose of 3 rem must be avoided wherever
                                                                                possible.'
The Table in Article 1 (4) shall be replaced by the                          Subparagraphs (b) to (d) shall remain unaltered.
following :
                      Radiation                               RBE1
                                                                                Article 5
                                                                         Articles 8 and 9 shall be deleted.
X- and gamma rays, electrons and beta
rays of all energies                                              1
Neutrons                                                   2 to 105 2                             Article 6
Protons                                                          10 '
                                                                         Article 10 shall be renumbered Article 8 and be
Alpha particles                                                  10      amended to read as follows :
Heavy recoil nuclei                                              20
                                                                             'Article 8
1 In the case of irradiation of the lenses of the eyes, the RBE must be      Where there is partial exposure of the body, during
  multiplied by :
                                                                             which the doses received by the blood-forming
  — a factor of 1 when its value is equal to 1 ;
  — a factor of 3 when its value is higher than or equal to 10 ;             organs and the gonads or by one or other of those
  — a factor between 1 and 3 , obtained by interpolation, for RBE values     organs do not exceed the limits set by the basic
      between 1 and 10 .
                                                                             formula, the maximum permissible dose shall be :
2 See Annex 2 .
                                                                             (a) for external exposure of the extremities (hands ,
                                                                                forearms, feet, ankles), 15 rem per thirteen
                                                                                weeks and 60 rem per year ;
                               Article 4
                                                                             (b) for external exposure of the skin or bone, with
(a) The heading of Article 7 shall be deleted.                                   the exception of the extremities specified in (a)
                                                                                above, 8 rem per thirteen weeks and 30 rem
                                                                                per year ;
(b) Article 7 ( 1 ) shall be replaced by the following :
     '§1 — The maximum permissible dose for an                               (c) for exposure of other organs individually, 4 rem
     occupationally exposed person shall be expressed                            per thirteen weeks and 13 rem per year.'
     in rem and shall be calculated by reference to age
     and an average annual dose of 5 rem.                                                         Article 7
     The maximum permissible dose for a person of a
     given age, received by the blood-forming organs                     Article 11 shall be renumbered Article 9 .
     and the gonads (or by one or other of those
     organs), shall be calculated in accordance with the                                          Article 8
     basic formula :
                            D = 5 (N — 18 )                              Article 12 shall be renumbered Article 10. The first
     where D — dose in rem                                               sentence of that Article shall be amended to read as
                                                                         follows :
              N = age in years.'
                                                                             'For the population as a whole, the maximum
                                                                             permissible genetically significant dose shall be
(c) Article 7 (3) shall be amended to read as follows :                      5 rem per head, accumulated up to thirty years .
                                                                             of age.'
     '§3 — The maximum cumulative dose in any
     period of thirteen consecutive weeks shall not
     exceed 3 rem. The following shall be taken into                                              Article 9 '
     account in calculating the dose :
                                                                         Article 13 shall be renumbered Article 11 . Paragraph 3
     (a) Persons aged eighteen and over may receive a                    of that Article shall be amended to read as follows :
          cumulative dose of 3 rem (distributed over
          thirteen consecutive weeks), provided that the                     ' The Table in Annex 2 shows the neutron flux as
          basic formula is complied with and that the                        imparting a dose rate of 2'5 millirem/hours as a
          dose accumulated over one year never exceeds                       function of the neutron energy and the correspond
          12 rem.                                                            ing RBE values .'
 ---pagebreak---                                     Official Journal of the European Communities                                   267
                        Article 10                               Article 14
Article 14 shall be renumbered Article 12 and amended                    ABNORMAL EXTERNAL EXPOSURE
to read as follows :
    'Article 12                                                  § 1 — "Planned abnormal external exposure"
    § 1 — "Maximum permissible contamination of                  (a) The dose delivered on one occasion or more in
    persons" means contamination resulting from the                  the course of a planned abnormal external
    inhalation or ingestion of air or water contaminated             exposure shall not exceed 12 rem. This dose
    to the maximum permissible concentrations calcu                 shall be added to the dose accumulated up to
    lated in accordance with Annex 3 .                               the time of the abnormal exposure.
    § 2 — The values shown in Annex 3 are applicable             (b) If the cumulative dose thus calculated is below
    for determining the maximum permissible concen                  the maximum permissible dose calculated
    trations in inhaled air or in drinking water ; they              according to the basic formula set out in
    must be considered as average values covering a                  Article 7 ( 1 ) and if the quarterly dose exceeds
    period of thirteen consecutive weeks.                            3 rem, subsequent exposures shall be reduced
                                                                     to a maximum dose of 1*5 rem per quarter until
    § 3 — These values relate to continuous exposure,                such time as the values derived from applying
    calculated on the basis of one hundred and sixty                the provisions of Article 7 (3 ) are restored.
    eight hours per week, for occupationally exposed
    persons. They must be multiplied by a factor of 3            (c) If the cumulative dose thus calculated exceeds
    to relate to a working week of forty to forty-eight              the maximum permissible dose calculated
    hours .                                                          according to the basic formula set out in
                                                                     Article 7 ( 1 ), subsequent exposures shall be
    § 4 — The introduction at a single time of a quantity            reduced to a maximum dose of 2*5 rem per
    of radioactive nuclides equal to that which would                year until such time as the cumulative dose
    be introduced in thirteen consecutive weeks on the
                                                                     conforms again to the basic formula.
    basis of the maximum permissible concentrations
    as calculated from Annex 3 must be avoided                   (d) No woman of reproductive capacity may be
    wherever possible.                                               subjected to such an exposure.
    §5 — Outside the controlled areas, for persons
    belonging to the population group defined in (c)             §2 — "Unplanned abnormal external exposure"
    of the fifth subparagraph of Article 1 (2), the
    maximum permissible concentrations which deter              (a) When a dose delivered during an unplanned
    mine the maximum permissible contaminations                      abnormal external exposure does not exceed 25
    shall be laid down as one-tenth of the values shown              rem, paragraph 1 (b) or (c) shall be applicable.
    in the Tables in Annex 3 . They must be con
    sidered as average values relating to a period of a          (b) When the dose exceeds 25 rem, Article 25 (3)
    year.
                                                                     shall be applicable.
    § 6 — Where contamination results from a mixture
    of radioactive nuclides, Table C , D or E in Annex 3 ,       §3 — "Partial planned abnormal external exposure"
    as the case may be, shall apply.'
                                                                 (a) The dose delivered on one or more occasions
                                                                     in the course of a partial planned abnormal
                        Article 11
                                                                     external exposure must not exceed :
Article 15 shall be deleted.                                         — in the case of the extremities (hands, fore
                                                                         arms, feet, ankles) : 60 rem ;
                        Article 12                                   — in the case of the skin (with the exception of
                                                                         that of the extremities) : 30 rem ;
The provisions of the new Articles 13, 14 and 15 shall
be as follows :                                                      — in the case of the lenses of the eyes : 15 rem.
                                                                     The doses received shall be added to the doses
    'Article 13
                                                                     accumulated in the current year.
                     TOTAL EXPOSURE
                                                                 (b) For subsequent exposures of the extremities,
    In the case of total exposure, the sum of the doses              the skin (with the exception of that of the
    due to external exposure and internal exposure                   extremities) and the lenses of the eyes, the
    shall be calculated by an appropriate method and                 maximum permissible doses to be taken into
    shall be within the maximum permissible doses.                   consideration shall, until such time as the
 ---pagebreak---  268                                  Official Journal of the European Communities
          integrated values derived from applying the                     equal to half the values calculated in accordance
          provisions of that Article are restored, be                     with Annex 3 and must remain so for such time
          reduced to half of the dose laid down in                        as would be required to accumulate, by con
          Article 8 .                                                     tinuous exposure under the same conditions ,
                                                                          the quantity of radionuclides introduced into
    §4 — "Partial unplanned abnormal exposure"                            the body as a result of the planned abnormal
                                                                          internal exposure.
     (a) When a dose delivered in the course of a partial
          unplanned abnormal external exposure does                  (d) No woman of reproductive capacity may be
          not exceed :                                                    subjected to such an exposure.
         — 120 rem in the case of the extremities (hands,            §2 — "Unplanned abnormal internal exposure"
             forearms , feet, ankles) ;
                                                                     (a) "When the quantity of radioactive nuclides
          — 60 rem in the case of the skin (with the                      introduced into the body during an unplanned
             exception of that of the extremities) ;                      abnormal internal exposure is less than double
         — 30 rem in the case of the lenses of the eyes ;                the quantity as laid down in paragraph 1 (a),
                                                                         the provisions of paragraph 1 (c) shall be
         paragraph 3 (b) shall be applicable.                             applicable.
                                                                     (b) When the contamination exceeds the limit laid
     (b) When the dose exceeds the values specified                       down in (a) of this paragraph, Article 25 (3)
         in (a), Article 25 (3) shall be applicable.                      shall be applicable.'
    Article 15                                                                            Article 13
               ABNORMAL INTERNAL EXPOSURE
                                                                Article 16 shall be replaced by the following :
    § 1 — "Planned abnormal internal exposure"
                                                                    1Article 16
    (a) A planned abnormal internal exposure shall be              The values of maximum permissible exposure and
         permitted only if it cannot be avoided by taking           contamination applicable to conditions other than
         all the necessary safety measures. Should such
                                                                   those obtaining in the case of occupationally
         exposure prove unavoidable, the quantity of               exposed persons shall be calculated from the maxi
         radioactive nuclides introduced into the body             mum permissible doses as laid down in Part III.'
         at one time or more than once must not exceed
         the quantity which would result from exposure,
         over a period of one year, to the maximum
         permissible concentrations as shown in Annex 3                                   Article 14
         for occupationally exposed persons .1
                                                                Article 25 (3) shall be replaced by the following :
    (b) Every planned abnormal internal exposure must
         be entered in the physical control records                '§3 — Special surveillance
         (Article 22 (2)) and in the medical file of the
                                                                   (a) Special surveillance shall be arranged in the
         worker concerned (Article 26), together with                    event of abnormal exposure.
         the estimated value of the absorbed dose and
         of the uptake resulting from that exposure.                (b) Routine medical examinations shall be sup
                                                                         plemented by any examinations, decontami
    (c) In the case of subsequent internal exposure, the                 nation measures and urgent remedial treatment
         maximum permissible concentrations to be                        considered by the medical practitioner .to be
         taken into consideration must be at the most                    necessary .
                                                                   (c) .The medical practitioner shall decide whether
                                                                         the worker should remain at work, be moved
1 This quantity X (in curies) may be calculated from the                 away, or be isolated and whether urgent medical .
  maximum permissible concentrations in air for occu
  pationally exposed persons for forty to forty-eight hours              treatment should be given.'
  per week by the following formula :
                       X = 2500 . q
  q being three times the value shown in the Tables in                                    Article 15
  Annex 3 . The coefficient 2500 is obtained on the basis
  of an inhalation of 10 m3 of air per day for five days per
  week and fifty weeks per year.                                Annex 1 shall be replaced by the following :
 ---pagebreak---                                Official Journal of the European Communities                                       269
                                                        'ANNEX 1
   1 — Activities .below which the requirements for reporting and obtaining prior authorisation
           may be waived :
           Nuclides of very high radiotoxicity :         10"7 curies ;
          Nuclides of high radiotoxicity :               10"6 curies ;
           Nuclides of moderate radiotoxicity :          10-5 curies ;
          Nuclides of low radiotoxicity :                10"4 curies ;
   2 — The principal radioactive nuclides are classified as follows, according to their relative
          radiotoxicity :
           (a) Very high radiotoxicity :
               Ac227 Am241 Am242m Am243 Cf249 Cf250 Cf251 Cf252 Cf254 Cm242 Cm243 Cm244 Cm245 Cm246
               Cm248 Es254 Es255 Np237 Pa231 Pb210 Po210 Pu238 Pu239 Pu240 Pu241 Pu242 Ra223 Ra226 Ra228
               •Th227 Yh228 Th230 U230 U       u233 U234
          (b) High radiotoxicity :
               Ac228 Ag110m Am242 At211 Ba140 Bi207 Bi210 Bk249 Ca45 Cd115m Ce144 Cf253 CI36 Cm247 Co56
               Co60 Cs134 Cs137 Es253 Es254m Eu152 (13 years) Eu154 Fm255 Fm256 Hf181 I124 I126 I131 I133
               In114m Ir192 Mn54 Na22 Pa230 Pb212 Pu244 Ra224 Ru106 Sb124 Sb125 Sc46 Sr89 Sr90 Ta182 Tb160
               Ye127m Ye129m Th234 Tl         Tm170 U236 Y91 Zr
           (c) Moderate radiotoxicity :
               A41 Ag105 Ag111 Am244 As73 As74 As76 As77 Au196 Au198 Au199 Ba131 Be7 Bi206 Bi212 Bk250
               Br82 C14 Ca47 Cd109 Cd115 Ce141 Ce143 CI38 Co57 Co58 Cr51 Cs131 Cs136 Cu64 Dy165 Dy166
               Er169 Er171 Eu152 (9 h) Eu155 F18 Fe52 Fe55 Fe59 Fm264 Ga72 Gd153 Gd159 Hg197 Hg197m Hg203
               Ho166 !130 I132 I134 I135 Jn115m Jr190 Ir194 K42 K43 Kr85m Kr87 La140 Lu177 Mn52 Mn56 Mo"
               Na24 Nb93m Nb95 Nd147 Nd149 Ni63 Ni65 Np239 Os185 Os191 Os193 P32 Pa233 Pb203 Pd103
               Pd109 Pm147 Pm149 Pr142 Pr143 Pt191 Pt193 Pt197 Pu243 Rb86 Re183 Re186 Re188 Rh105 Rn220
               Rn222 Ru97 Ru103 Ru105 S35 Sb122 Sc47 Sc48 Se75 Si31 Sm151 Sm153 Sn113 Sn125 Sr85 Sr91 Sr92
               Tc98 Tc97 Tc97m Tc" Te125m Te127 Te129 Te131m Te132 Th231 Tl200 Tl201 Tl202 Tm171
               U240 _J_ Νp240 V48 ^181 ^185 "W187 Xe135 Y90 Y92 Y93 Yb175 ^η65 Zn69m Zr97
          (d) Low radiotoxicity :
               A37 Cm249 Co58m Cs134m Cs135 Ge71 H3 I129 In113m In115 Kr85 Nb97 Nd144 Ni59 O 15 Os191m
               Pt193m Pt197m Rb87 Re187              Sm147 Sj.85m T(.96m Tc99m Th nat. !- Th232 U nat. ::"'f U235
               U238 Xe131m Xe133 Y91m Zn69 Zr93
§ 3 — In the case of the nuclides In115, Nd144, Rb87, Re187, Sm147 the requirements for reporting
         and obtaining prior authorisation may be waived, irrespective of the quantities used.
§ 4 — In the case of a mixture of radioactive nuclides belonging to different radiotoxicity groups,
         the requirements for reporting and obtaining prior authorisation may be waived if the
         sum of the ratios between the activity of each of the radioactive nuclides and the limit
         laid down in paragraph 1 for the group to which it belongs is less than 1 .
 * By custom, one curie of natural thorium corresponds to :
   3-7 . 1010 dis/sec of Th23* and
   3-7 . 1010 dis/sec of Th238.
** By custom, one curie of natural uranium corresponds to :
   3-7 . 1010 dis/sec of U238,
   3-7 . 1010 dis/sec of U234 and
   1-7 . 109 dis/sec of U836.'
 ---pagebreak--- 270                              Official Journal of the European Communities
       5 — The radionuclides not shown in the radiotoxicity groups in paragraph 2 and the radio
              toxicity of which is uncertain or unknown must be considered as belonging to the highest
              radiotoxicity category.'
                                                          Article 16
     Annex 2 shall be replaced by the following :
                                                         'ANNEX 2
     Table showing the neutron flux as delivering a dose-rate of 2-5 mrem per hour as a function of
                                the neutron energy and the corresponding RBE values
                                                                                Neutron flux
                  Neutron energy                                RBE1
                                                                                ( neutrons/cm2 sec)
                   Thermal                                       3                              670
                   100     eV                                    2                              500
                      5 keV '                                    2-5                            570
                    20    keV                                  . 5                              280
                   100    keV                                    8 .                             80
                      0-5 MeV                                   10                               30
                      1   MeV                                   10-5                              18
                      2-5 MeV                                ■   8                                20
                      5   MeV                                    7                                18
                    10    MeV                                    6;5                              17
    1 In the case of neutrons of unknown energy the RBE is taken as being 10.'
                                                          Article 17
    In Annex 3 , Table A shall be amended to read as follows :
    (a) The title shall be worded as follows :
          'A. Maximum permissible concentration (MPC) of identified radionuclides in drinking water
                and in air inhaled for continuous exposure of occupationally exposed- persons'
          The sentence after the title—'(Table based on values recommended in 1959 by the
          International Commission on Radiological Protection) (ICRP)'—shall be deleted.
    The column headings shall be as follows :
                 Element                                           Form        MPC in water          MPC in air
                                        Radionuclide
            (Atomic number)                                          (b)           (c)                 '  (c)
    (b) In Note (c) the words 'Article 14 (4), (5) and (6)' shall be replaced by the words
          'Article 12 (3)'.
 ---pagebreak---                        Official Journal of the European Communities                    271
 (c) The data concerning the elements americium, berkelium, californium, curium,
     plutonium, strontium and uranium shall be replaced by the following :
           Element                                  Form  MPC in water      MPC in air
                              Radionuclide
       (Atomic number)                                b           c              C
Americium                      Am241            sol.       4 . IO '5       2 . IO "12
(95)                                            insol.     3 . IO "4       4 . IO " 11
                               Am242m           sol.       4 . IO "5       2 . IO -12
                                                insol .    9 . IO "4       9 . IO -11
                              Am242             sòl.       IO "3           IO "8
                                                insol.      IO "3          2 . IO "8
                              Am243        .    sol.       4 . IO "5       2 . IO "12
                                                insol.     3 . IO '4       4 . IO '11
                              Am244             sol.       0-05            IO "6
                                                insol.     0-05            8 . IO "6
Berkelium                     Bk249             sol.       6 . IO "3       3 . IO 10
(97)                                            insol.     6 . IO "3       4 . IO '8
                              Bk250             sol.       2 . IO "3       5 . IO "8
                                                insol.     2 . IO "3       4 . IO "7
Californium                   Cf249             sol.      *4 . IO "5       5 . IO "13
(98)                                           insol .     2 . IO "4       3 . IO 11
                              Cf250            sol.        1 . io -4       2 . IO '12
                                               insol .     3 . IO "4       3 . IO '11
                              Cf251            sol.        4 . IO "5       6 . IO "13
                                               insol.      3 . IO "4       3 . IO '11
                              Cf252            sol.        7 . IO "5       2 . IO '12
                                               insol.     7 . IO '5        1 . io -11
                              Cf253          1 sol.        io -3           3 . IO '10
                                               insol.      io -3           3 . 10 10
                              Cf254            sol. ·      IO "6        '  2 . IO '12
                                               insol.      IO "6           2 . 10 12
Curium                        Cm242            sol.        2 . IO "4       4 . IO 11
(96)                                           insol .    2 . IO "4        6 . IO 11
                              Cm243            sol.       5 . IO '5        2 . IO "12
                                               insol.     2 . IO '4        3 . IO "11
                              Cm244            sol.       7 . IO '5        3 . IO "12
                                               insol.     3 . IO "4        3 . IO "11
                              Cm245            sol.       4 . IO "5        2 . IO'12
                                               insol.     3 . IO '4        4 . IO "11
                              Cm246            sol.       4 . IO "5        2 . IO "12
                                               insol.     3 . IO "4        4 . IO 11
                              Cm247            sol.       4 . IO "5        2 . IO "12
                                               insol.     2 . IO'4         4 . IO "11
                              Cm248            sol.       4 . IO "6        2 . IO "13
                                               insol.      IO "5           4 . IO "12
                              Cm249            sol.       0-02             4 . IO "6
                                               insol.     0-02             4 . 10-®
 ---pagebreak--- 272                               Official Journal of the European Communities
                  Element                                         : Form MPC in water  MPC in air
             ( Atomic number)'            Radionuclide                b        c            c
    Plutonium                             p u238               sol.      5 . IO "5    7 . IO "13
    (94) .                                                     insol .   3 . IO "4    1 . IO "11
                                          Pu239                sol.      5 . IO "5    6 . IO '13
                                                               insol .   3 . IO '4    1 . IO "11
                                          Pu240                sol.      5 . IO "5    6 . IO "13
                                                               insol.    3 . IO "4    1 . IO "11
                                          Pu241                sol.      2 . IO '3    3 . IO "11
                                                               insol.    1 . io -2    1 . IO "8
                                          Pu242                sol.      5 . IO "5    6 . IO "13
                                                               insol.    3 . 10 - 4   1 . IO "11
                                          Pu243                sol.      3 . IO "3    6 . IO "7
                                                               insol.    3 . IO "3    8 . IO "7
                                          Pu244                sol.      4 . IO "5    6 . IO "13
                                                               insol.        IO "4        IO "11
    Strontium                             Sr85m                sol.      7 . IO "2    1 . io -5
    (38 )                                                      insol.    7 . IO "2    1 . io -5
                                          Sr85                 sol.      1 . IO "3    8 . IO "8
                                                               insol.    2 . IO "3    4 . IO '8 '
                                          Sr88                 sol.      1 . IO -4    1 . IO -8
                                                               insol .   3 . IO "4    1 . IO "8
                                        * Sr90                 sol.      4 . IO "6    4 . IO '10
                                                               insol .   4 . IO 4     2 . IO -9
                                          Sr91                 sol.      7 . IO "4    2 . IO "7
                                                               insol .   5 . IO "4    9 . IO "8
                                          Sr92                 sol.      7 . IO "4    2 . IO "7
                                                               insol.    6 . IO "4 '  1 . IO "7
    Uranium                               U230                 sol.      2 . IO '5        io -10  ·
    (92)                                                       insol.    5 . IO '5    4 . IO'11
                                          U232                 sol.      8 . IO "6    3 . IO '11
                                                               insol.    3 . IO "4    9 . IO "12
                                          u238                 sol.      4 . IO "5    2 . IO "10
                                                               insol.    3 . IO '4    4 . IO "11
                                          U284                 sol.      4 . IO "5    2 . IO "10
                                                               insol.    3 . IO "4    4 . IO :11
                                          U235                 sol.      4 . IO "5    2 . IO "10
                                                          . insol.       3 . IO "4    4 . IO "11
                                          U236                 sol.      5 . IO "5    2 . IO "10
                                                               insol.    3 . IO '4    4 . IO "11
                                          U238                 sol.      6 . IO "6    3 . IO "11    ·
                                                               insol.    4 . 10'"4    5 . IO '11
                                          U nat. *             sol.      6 . IO "6    3 . IO "11
                                                               insol.    2 . IO "4    2 . IO 11
    * By custom, one curie of natural uranium corresponds to :
      3-7 . 1010 dis/sec of U238,
      3-7 . 1010 dis/sec of U234 and
      1-7 . 109 dis/sec of U235.
 ---pagebreak---                          Official Journal of the European Communities                               273
           Element                                    Form        MPC in water         MPC in air
                                 Radionuclide
       (Atomic number)                                  fa              C                  C
Uranium (Cont'd)
(92)                             U240 + Np240     sol.             3 . IO "4 -        8 . IO "8
                                                  insol .          3 . 10 -4          6 . IO "8
(d) The following data concerning the elements einsteinium and fermium shall be inserted
     in the Table :
           Element                                    Form        MPC in water         MPC in air
                                 Radionuclide
       {Atomic number)                              .   b               C                   c
Einsteinium                      Es253            sol.             2 . IO "4          3 . IO "10
(99)                                              insol.           2 . IO "4          2 . IO "10
                                 Es254m           sol.             2 . IO "4          2 . IO "9
                                                  insol.           2 . IO "4          2 . IO "9
                                 Es254            sol.                 io -4          6 . IO 12
                                                  insol.               IO "4          4 . IO " 11
                                 Es255            sol.             3 . IO "4          2 . IO '10
                                                  insol .          3 . IO "4              10-10
Fermium                          Fm254            sol.                 IO "3          2 . IO "8
( 100)                                            insol.               IO "3          2 . IO "8
                                 Fm255            sol.             3 . IO '4          6 . IO 9
                                                  insol.           3 . IO "4          4 . IO "9
                                 Fm256            sol.             9 . IO "6              IO "9
                                                  insol.           9 . IO "6          6 . IO '10
(e) The note concerning natural thorium shall be replaced by the following :
     'By custom, one curie of natural thorium corresponds to :
     3-7 . 1010 dis/sec of Th 232 and
     3.7 . 1010 dis/sec of Th228.'
                                              Article 18
In Annex 3 , Table C, the words :
     'K = 10 for a continuous exposure (one hundred and sixty-eight hours per week) outside the
     controlled area'
shall be replaced by the following words :
     'K = 10 for a continuous exposure outside the controlled area in the case of persons belonging
     to the group defined in (c) of the fifth subparagraph of Article 1 (2).'
 ---pagebreak--- 274                             Official Journal of the European Communities
                                                           Article 19
     Annex 3 , Table D shall be replaced by the following :
     'D. Maximum permissible concentration of a mixture of unidentified radionuclidesjn drinking
                        water for continuous exposure of occupationally exposed-persons
                                               Types of mixture                                                MPC in μα /ml .
     — Any mixture of alpha, beta, gamma emitters                                                                    1    io - 7
     — Any mixture of alpha, beta, gamma emitters, if the Ra22® and the
           Ra228 can be disregarded"'                                                                                1    IO -6
     —; Any mixture of alpha, beta, gamma emitters, if the Sr90, I129, Pb210,
           Ra226, Ra228, U238, U nat. , Cm248 and Çf254 can be disregarded"'                                         7    IO -6
     — Any mixture of alpha, beta, gamma emitters, if the Sr90, 1126, 1129, 1131,
           Pb210, Po210, At211, Ra223, Ra226, Ra228, Rl228, Pa231, Th nat. , U232, U238,
           U nat. , Cm248, Cf254 and Fm256 can be disregarded*                                                       2    io - 5
     — Any mixture of alpha, beta, gamma emitters, if the Sr90, 1126, 1129, 1131,
           Pb210, Po210, At211, Ra223, Ra224, Ra226, Ac227, Ra228, Th230, U230, Pa231,
           Th232, Th nat. , U232, U238, U nat. , Cm248, Cf254 and Fm256 can be
         ' disregarded*                                                                                3    IO -5
     * " Can be disregarded" implies that the concentration of these radionuclides in water represents only a negligible fraction
       of the maximum permissible concentration shown in Table A in Annex 3 .'
                                                           Article 20
     Annex 3 , Table E shall be replaced by the following :
    'E. Maximum permissible concentration of a mixture of unidentified radionuclides in inhaled air
                                   for exposure of occupationally exposed persons
                                               Types of mixture" -                                             MPC    n [¿Ci/ml
    — Any mixture of alpha, beta, gamma emitters                                                                 .2 . IO "13
    — Any mixture of alpha, beta, gamma emitters, if the Pa231, Pu239, Pu240,
           Pu242, Pu244, Cm248, Cf249 and Cf251 can be disregarded*                                               7 . IO - 13
    — Any mixture of alpha, beta, gamma emitters, if the Ac227, Th230, Pa231, ~
           Pu238, Pu239, Pu240, Pu242, Pu244, Cm248, Cf249 and Cf251 can be disre
           garded*                                                                                r . IO -12 .
    — Any mixture of beta and gamma emitters, if alpha emitters can be
           disregarded , and if Ac227, Am242 and Cf254 can be disregarded*                                         1 . IO -11
    — Any mixture of beta and gamma emitters, if the alpha emitters can
       . be disregarded and if Pb210, Ac227, Ra228, Pu241, Am242m and Cf254 can
           be disregarded*                                                                                1    io -10
    — Any mixture of beta and gamma emitters, if the alpha emitters can
           be disregarded and if the Sr90, I129, Pb210, Ac227 , Ra228, Pa230, Pu241,
           Am242111, Bk249, Cf253, Cf254, Es255 and Fm256 can be disregarded;'                                     1   IO -9
    * " Can be disregarded" implies that the concentration of these- radionuclides in the air represents only a negligible fraction
    . of the maximum permissible concentration shown in Table A in Annex 3 .'
                                                         . Article 21
    This Directive is addressed to the Member States :
    Done at Brussels, 27 October 1966.
                                                                                For the Council
                                                                                The President
                                                                                J. M. A. H. LUNS


title: Commission Directive 2006/36/EC of  24 March 2006  amending Directive 2001/32/EC recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EEC

text:
               25.3.2006

               EN

               Official Journal of the European Union

               L 88/13

      COMMISSION DIRECTIVE 2006/36/EC
   of 24 March 2006
   amending Directive 2001/32/EC recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EEC
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular the first subparagraph of Article 2(1)(h) thereof,
   Whereas:

               (1)

               By Commission Directive 2001/32/EC (2), certain Member States or certain areas in Member States were recognised as protected zones in respect of certain harmful organisms. In some cases recognition was granted provisionally, because the information necessary to show that the harmful organism in question was not present in the Member State or area concerned had not been provided.

               (2)

               Where the Member States concerned have now provided the necessary information, the zones in question should be recognised as permanent protected zones.

               (3)

               Certain regions of Portugal were recognised as protected zones with respect to Bemisia tabaci Genn. (European populations).

               (4)

               Portugal has submitted information showing that Bemisia tabaci Genn. (European populations) is now established in some parts of its territory. Those parts of the Portuguese territory should therefore no longer be recognised as a protected zone in respect of that harmful organism.

               (5)

               Various regions or parts of regions in Austria and Italy, and the whole territory of Ireland, Lithuania, Slovenia and Slovakia, were provisionally recognised as protected zones with respect to Erwinia amylovora (Burr.) Winsl. et al. until 31 March 2006.

               (6)

               From information supplied by Austria, Italy, Ireland, Lithuania, Slovenia and Slovakia, it appears that the provisional recognition of the protected zones for those countries in respect of Erwinia amylovora (Burr.) Winsl. et al. should exceptionally be extended for two years to give those countries the necessary time to submit information showing that Erwinia amylovora (Burr.) Winsl. et al. is not present or, where necessary, to complete their efforts to eradicate that organism.

               (7)

               In addition, as Erwinia amylovora (Burr.) Winsl. et al. is now established in some parts of Italy, in the Gorenjska and Maribor regions of Slovenia and in some communes of the Dunajská Streda, Levice, Topoľčany, Poltár, Rožňava and Trebišov Counties in Slovakia, these respective parts of the Italian, Slovenian and Slovakian territory should no longer be recognised as a protected zone for Erwinia amylovora (Burr.) Winsl. et al.

               (8)

               Lithuania was provisionally recognised as a protected zone for beet necrotic yellow vein virus until 31 March 2006.

               (9)

               Lithuania has submitted information showing that beet necrotic yellow vein virus is now established in that country. Lithuania should therefore no longer be recognised as a protected zone in respect of that harmful organism.

               (10)

               Malta was provisionally recognised as a protected zone with respect to Citrus tristeza virus (European strains) until 31 March 2006.

               (11)

               From information supplied by Malta, it appears that the provisional recognition of the protected zone for that country in respect of Citrus tristeza virus (European strains) should exceptionally be extended for two years to give that country the necessary time to submit information showing that Citrus tristeza virus (European strains) is not present or, where necessary, to complete its efforts to eradicate that organism.

               (12)

               Cyprus was provisionally recognised as a protected zone with respect to Daktulosphaira vitifoliae (Fitch), Ips sexdentatus Börner and Leptinotarsa decemlineata Say until 31 March 2006.

               (13)

               From information supplied by Cyprus, it appears that the provisional recognition of the protected zone for that country in respect of Daktulosphaira vitifoliae (Fitch), Ips sexdentatus Börner and Leptinotarsa decemlineata Say should be extended for two years to give that country the necessary time to submit information showing that those harmful organisms, are not present or, where necessary, to complete its efforts to eradicate them.

               (14)

               Directive 2001/32/EC should therefore be amended accordingly.

               (15)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2001/32/EC is amended as follows:

               1)

               Article 1 is replaced by the following:
               ‘Article 1
               The zones in the Community listed in the Annex are recognised as protected zones within the meaning of the first subparagraph of Article 2(1)(h) of Directive 2000/29/EC, in respect of the harmful organism(s) listed against their names in the Annex to this Directive.’

               2)

               Article 2 is deleted.

               3)

               The Annex is amended as follows:

                           (a)

                           In point 2 of heading (a), the words in brackets after ‘Portugal’ are replaced by the following words ‘Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste (communes of Alcobaça, Alenquer, Bombarral, Cadaval, Caldas da Rainha, Lourinhã, Nazaré, Obidos, Peniche and Torres Vedras) and Trás-os-Montes’.

                           (b)

                           In points 3.1, 11 and 13 of heading (a), the words ‘(until 31 March 2008)’ are inserted after the word ‘Cyprus’.

                           (c)

                           Point 2 of heading (b) is replaced by the following:

                                       ‘—

                                       Spain, Estonia, France (Corsica), Italy (Abruzzi; Basilicata; Calabria; Campania; Friuli-Venezia Giulia; Lazio; Liguria; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Umbria; Valle d’Aosta), Latvia, Portugal, Finland, United Kingdom (Northern Ireland, Isle of Man and Channel Islands),

                                       —

                                       and, until 31 March 2008, Ireland, Italy (Apúlia, Emilia-Romagna: provinces of Forlí-Cesena (excluding the provincial area situated to the North of the State road n.9 — Via Emilia), Parma, Piacenza, Rimini (excluding the provincial area situated to the North of the State road n.9 — Via Emilia), Lombardy, Veneto (except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d’Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all’Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), Lithuania, Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), Slovenia (except the Gorenjska and Maribor regions), Slovakia (except the communes of Blahová, Horné Mýto and Okoč (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Veľké Ripňany (Topoľčany County), Málinec (Poltár County), Hrhov (Rožňava County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County))’.

                           (d)

                           In point 1 of heading (d), the word ‘Lithuania’ is deleted.

                           (e)

                           In point 3 of heading (d), the words ‘(until 31 March 2008)’ are inserted after the word ‘Malta’.

         Article 2
   1.   Member States shall adopt and publish, by 30 April 2006 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 the Directive.
   They shall apply those provisions from 1 May 2006.
   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 a reference is to be made.
   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 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, 24 March 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2006/14/EC (OJ L 34, 7.2.2006, p. 24).

      (2)  OJ L 127, 9.5.2001, p. 38. Directive as last amended by Directive 2005/18/EC (OJ L 57, 3.3.2005, p. 25).


Avis juridique important

|

32003L0109

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents

Official Journal L 016 , 23/01/2004 P. 0044 - 0053

Council Directive 2003/109/ECof 25 November 2003concerning the status of third-country nationals who are long-term residentsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 63(3) and (4) 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 European Economic and Social Committee(3),Having regard to the opinion of the Committee of the Regions(4),Whereas:(1) With a view to the progressive establishment of an area of freedom, security and justice, the Treaty establishing the European Community provides both for the adoption of measures aimed at ensuring the free movement of persons, in conjunction with flanking measures relating to external border controls, asylum and immigration, and for the adoption of measures relating to asylum, immigration and safeguarding the rights of third-country nationals.(2) The European Council, at its special meeting in Tampere on 15 and 16 October 1999, stated that the legal status of third-country nationals should be approximated to that of Member States' nationals and that a person who has resided legally in a Member State for a period of time to be determined and who holds a long-term residence permit should be granted in that Member State a set of uniform rights which are as near as possible to those enjoyed by citizens of the European Union.(3) This Directive respects the fundamental rights and observes the principles recognised in particular by the European Convention for the Protection of Human Rights and Fundamental Freedoms and by the Charter of Fundamental Rights of the European Union.(4) The integration of third-country nationals who are long-term residents in the Member States is a key element in promoting economic and social cohesion, a fundamental objective of the Community stated in the Treaty.(5) Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation.(6) The main criterion for acquiring the status of long-term resident should be the duration of residence in the territory of a Member State. Residence should be both legal and continuous in order to show that the person has put down roots in the country. Provision should be made for a degree of flexibility so that account can be taken of circumstances in which a person might have to leave the territory on a temporary basis.(7) To acquire long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance, to avoid becoming a burden for the Member State. Member States, when making an assessment of the possession of stable and regular resources may take into account factors such as contributions to the pension system and fulfilment of tax obligations.(8) Moreover, third-country nationals who wish to acquire and maintain long-term resident status should not constitute a threat to public policy or public security. The notion of public policy may cover a conviction for committing a serious crime.(9) Economic considerations should not be a ground for refusing to grant long-term resident status and shall not be considered as interfering with the relevant conditions.(10) A set of rules governing the procedures for the examination of application for long-term resident status should be laid down. Those procedures should be effective and manageable, taking account of the normal workload of the Member States' administrations, as well as being transparent and fair, in order to offer appropriate legal certainty to those concerned. They should not constitute a means of hindering the exercise of the right of residence.(11) The acquisition of long-term resident status should be certified by residence permits enabling those concerned to prove their legal status easily and immediately. Such residence permits should also satisfy high-level technical standards, notably as regards protection against falsification and counterfeiting, in order to avoid abuses in the Member State in which the status is acquired and in Member States in which the right of residence is exercised.(12) In order to constitute a genuine instrument for the integration of long-term residents into society in which they live, long-term residents should enjoy equality of treatment with citizens of the Member State in a wide range of economic and social matters, under the relevant conditions defined by this Directive.(13) With regard to social assistance, the possibility of limiting the benefits for long-term residents to core benefits is to be understood in the sense that this notion covers at least minimum income support, assistance in case of illness, pregnancy, parental assistance and long-term care. The modalities for granting such benefits should be determined by national law.(14) The Member States should remain subject to the obligation to afford access for minors to the educational system under conditions similar to those laid down for their nationals.(15) The notion of study grants in the field of vocational training does not cover measures which are financed under social assistance schemes. Moreover, access to study grants may be dependent on the fact that the person who applies for such grants fulfils on his/her own the conditions for acquiring long-term resident status. As regards the issuing of study grants, Member States may take into account the fact that Union citizens may benefit from this same advantage in the country of origin.(16) Long-term residents should enjoy reinforced protection against expulsion. This protection is based on the criteria determined by the decisions of the European Court of Human Rights. In order to ensure protection against expulsion Member States should provide for effective legal redress.(17) Harmonisation of the terms for acquisition of long-term resident status promotes mutual confidence between Member States. Certain Member States issue permits with a permanent or unlimited validity on conditions that are more favourable than those provided for by this Directive. The possibility of applying more favourable national provisions is not excluded by the Treaty. However, for the purposes of this Directive, it should be provided that permits issued on more favourable terms do not confer the right to reside in other Member States.(18) Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are long-term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensured. It could also constitute a major factor of mobility, notably on the Union's employment market.(19) Provision should be made that the right of residence in another Member State may be exercised in order to work in an employed or self-employed capacity, to study or even to settle without exercising any form of economic activity.(20) Family members should also be able to settle in another Member State with a long-term resident in order to preserve family unity and to avoid hindering the exercise of the long-term resident's right of residence. With regard to the family members who may be authorised to accompany or to join the long-term residents, Member States should pay special attention to the situation of disabled adult children and of first-degree relatives in the direct ascending line who are dependent on them.(21) The Member State in which a long-term resident intends to exercise his/her right of residence should be able to check that the person concerned meets the conditions for residing in its territory. It should also be able to check that the person concerned does not constitute a threat to public policy, public security or public health.(22) To avoid rendering the right of residence nugatory, long-term residents should enjoy in the second Member State the same treatment, under the conditions defined by this Directive, they enjoy in the Member State in which they acquired the status. The granting of benefits under social assistance is without prejudice to the possibility for the Member States to withdraw the residence permit if the person concerned no longer fulfils the requirements set by this Directive.(23) Third-country nationals should be granted the possibility of acquiring long-term resident status in the Member State where they have moved and have decided to settle under comparable conditions to those required for its acquisition in the first Member State.(24) Since the objectives of the proposed action, namely the determination of terms for granting and withdrawing long-term resident status and the rights pertaining thereto and terms for the exercise of rights of residence by long-term residents in other Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved by the Community, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.(25) In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, these Member States are not participating in the adoption of this Directive and are not bound by or subject to its application.(26) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Directive, and is not bound by it or subject to its application,HAS ADOPTED THIS DIRECTIVE:CHAPTER I GENERAL PROVISIONSArticle 1Subject matterThis Directive determines:(a) the terms for conferring and withdrawing long-term resident status granted by a Member State in relation to third-country nationals legally residing in its territory, and the rights pertaining thereto; and(b) the terms of residence in Member States other than the one which conferred long-term status on them for third-country nationals enjoying that status.Article 2DefinitionsFor the purposes of this Directive:(a) "third-country national" means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty;(b) "long-term resident" means any third-country national who has long-term resident status as provided for under Articles 4 to 7;(c) "first Member State" means the Member State which for the first time granted long-term resident status to a third-country national;(d) "second Member State" means any Member State other than the one which for the first time granted long-term resident status to a third-country national and in which that long-term resident exercises the right of residence;(e) "family members" means the third-country nationals who reside in the Member State concerned in accordance with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification(5);(f) "refugee" means any third-country national enjoying refugee status within the meaning of the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the Protocol signed in New York on 31 January 1967;(g) "long-term resident's EC residence permit" means a residence permit issued by the Member State concerned upon the acquisition of long-term resident status.Article 3Scope1. This Directive applies to third-country nationals residing legally in the territory of a Member State.2. This Directive does not apply to third-country nationals who:(a) reside in order to pursue studies or vocational training;(b) are authorised to reside in a Member State on the basis of temporary protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status;(c) are authorised to reside in a Member State on the basis of a subsidiary form of protection in accordance with international obligations, national legislation or the practice of the Member States or have applied for authorisation to reside on that basis and are awaiting a decision on their status;(d) are refugees or have applied for recognition as refugees and whose application has not yet given rise to a final decision;(e) reside solely on temporary grounds such as au pair or seasonal worker, or as workers posted by a service provider for the purposes of cross-border provision of services, or as cross-border providers of services or in cases where their residence permit has been formally limited;(f) enjoy a legal status governed by the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, the Convention of 1969 on Special Missions or the Vienna Convention on the Representation of States in their Relations with International Organisations of a Universal Character of 1975.3. This Directive shall apply without prejudice to more favourable provisions of:(a) bilateral and multilateral agreements between the Community or the Community and its Member States, on the one hand, and third countries, on the other;(b) bilateral agreements already concluded between a Member State and a third country before the date of entry into force of this Directive;(c) the European Convention on Establishment of 13 December 1955, the European Social Charter of 18 October 1961, the amended European Social Charter of 3 May 1987 and the European Convention on the Legal Status of Migrant Workers of 24 November 1977.CHAPTER II LONG-TERM RESIDENT STATUS IN A MEMBER STATEArticle 4Duration of residence1. Member States shall grant long-term resident status to third-country nationals who have resided legally and continuously within its territory for five years immediately prior to the submission of the relevant application.2. Periods of residence for the reasons referred to in Article 3(2)(e) and (f) shall not be taken into account for the purposes of calculating the period referred to in paragraph 1.Regarding the cases covered in Article 3(2)(a), where the third-country national concerned has acquired a title of residence which will enable him/her to be granted long-term resident status, only half of the periods of residence for study purposes or vocational training may be taken into account in the calculation of the period referred to in paragraph 1.3. Periods of absence from the territory of the Member State concerned shall not interrupt the period referred to in paragraph 1 and shall be taken into account for its calculation where they are shorter than six consecutive months and do not exceed in total 10 months within the period referred to in paragraph 1.In cases of specific or exceptional reasons of a temporary nature and in accordance with their national law, Member States may accept that a longer period of absence than that which is referred to in the first subparagraph shall not interrupt the period referred to in paragraph 1. In such cases Member States shall not take into account the relevant period of absence in the calculation of the period referred to in paragraph 1.By way of derogation from the second subparagraph, Member States may take into account in the calculation of the total period referred to in paragraph 1 periods of absence relating to secondment for employment purposes, including the provision of cross-border services.Article 5Conditions for acquiring long-term resident status1. Member States shall require third-country nationals to provide evidence that they have, for themselves and for dependent family members:(a) stable and regular resources which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance system of the Member State concerned. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status;(b) sickness insurance in respect of all risks normally covered for his/her own nationals in the Member State concerned.2. Member States may require third-country nationals to comply with integration conditions, in accordance with national law.Article 6Public policy and public security1. Member States may refuse to grant long-term resident status on grounds of public policy or public security.When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security, or the danger that emanates from the person concerned, while also having proper regard to the duration of residence and to the existence of links with the country of residence.2. The refusal referred to in paragraph 1 shall not be founded on economic considerations.Article 7Acquisition of long-term resident status1. To acquire long-term resident status, the third-country national concerned shall lodge an application with the competent authorities of the Member State in which he/she resides. The application shall be accompanied by documentary evidence to be determined by national law that he/she meets the conditions set out in Articles 4 and 5 as well as, if required, by a valid travel document or its certified copy.The evidence referred to in the first subparagraph may also include documentation with regard to appropriate accommodation.2. The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than six months from the date on which the application was lodged. Any such decision shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation.In exceptional circumstances linked to the complexity of the examination of the application, the time limit referred to in the first subparagraph may be extended.In addition, the person concerned shall be informed about his/her rights and obligations under this Directive.Any consequences of no decision being taken by the end of the period provided for in this provision shall be determined by national legislation of the relevant Member State.3. If the conditions provided for by Articles 4 and 5 are met, and the person does not represent a threat within the meaning of Article 6, the Member State concerned shall grant the third-country national concerned long-term resident status.Article 8Long-term resident's EC residence permit1. The status as long-term resident shall be permanent, subject to Article 9.2. Member States shall issue a long-term resident's EC residence permit to long-term residents. The permit shall be valid at least for five years; it shall, upon application if required, be automatically renewable on expiry.3. A long-term resident's EC residence permit may be issued in the form of a sticker or of a separate document. It shall be issued in accordance with the rules and standard model as set out in Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals(6). Under the heading "type of permit", the Member States shall enter "long-term resident - EC".Article 9Withdrawal or loss of status1. Long-term residents shall no longer be entitled to maintain long-term resident status in the following cases:(a) detection of fraudulent acquisition of long-term resident status;(b) adoption of an expulsion measure under the conditions provided for in Article 12;(c) in the event of absence from the territory of the Community for a period of 12 consecutive months.2. By way of derogation from paragraph 1(c), Member States may provide that absences exceeding 12 consecutive months or for specific or exceptional reasons shall not entail withdrawal or loss of status.3. Member States may provide that the long-term resident shall no longer be entitled to maintain his/her long-term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for expulsion within the meaning of Article 12.4. The long-term resident who has resided in another Member State in accordance with Chapter III shall no longer be entitled to maintain his/her long-term resident status acquired in the first Member State when such a status is granted in another Member State pursuant to Article 23.In any case after six years of absence from the territory of the Member State that granted long-term resident status the person concerned shall no longer be entitled to maintain his/her long term resident status in the said Member State.By way of derogation from the second subparagraph the Member State concerned may provide that for specific reasons the long-term resident shall maintain his/her status in the said Member State in case of absences for a period exceeding six years.5. With regard to the cases referred to in paragraph 1(c) and in paragraph 4, Member States who have granted the status shall provide for a facilitated procedure for the re-acquisition of long-term resident status.The said procedure shall apply in particular to the cases of persons that have resided in a second Member State on grounds of pursuit of studies.The conditions and the procedure for the re-acquisition of long-term resident status shall be determined by national law.6. The expiry of a long-term resident's EC residence permit shall in no case entail withdrawal or loss of long-term resident status.7. Where the withdrawal or loss of long-term resident status does not lead to removal, the Member State shall authorise the person concerned to remain in its territory if he/she fulfils the conditions provided for in its national legislation and/or if he/she does not constitute a threat to public policy or public security.Article 10Procedural guarantees1. Reasons shall be given for any decision rejecting an application for long-term resident status or withdrawing that status. Any such decision shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation. The notification shall specify the redress procedures available and the time within which he/she may act.2. Where an application for long-term resident status is rejected or that status is withdrawn or lost or the residence permit is not renewed, the person concerned shall have the right to mount a legal challenge in the Member State concerned.Article 11Equal treatment1. Long-term residents shall enjoy equal treatment with nationals as regards:(a) access to employment and self-employed activity, provided such activities do not entail even occasional involvement in the exercise of public authority, and conditions of employment and working conditions, including conditions regarding dismissal and remuneration;(b) education and vocational training, including study grants in accordance with national law;(c) recognition of professional diplomas, certificates and other qualifications, in accordance with the relevant national procedures;(d) social security, social assistance and social protection as defined by national law;(e) tax benefits;(f) access to goods and services and the supply of goods and services made available to the public and to procedures for obtaining housing;(g) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;(h) free access to the entire territory of the Member State concerned, within the limits provided for by the national legislation for reasons of security.2. With respect to the provisions of paragraph 1, points (b), (d), (e), (f) and (g), the Member State concerned may restrict equal treatment to cases where the registered or usual place of residence of the long-term resident, or that of family members for whom he/she claims benefits, lies within the territory of the Member State concerned.3. Member States may restrict equal treatment with nationals in the following cases:(a) Member States may retain restrictions to access to employment or self-employed activities in cases where, in accordance with existing national or Community legislation, these activities are reserved to nationals, EU or EEA citizens;(b) Member States may require proof of appropriate language proficiency for access to education and training. Access to university may be subject to the fulfilment of specific educational prerequisites.4. Member States may limit equal treatment in respect of social assistance and social protection to core benefits.5. Member States may decide to grant access to additional benefits in the areas referred to in paragraph 1.Member States may also decide to grant equal treatment with regard to areas not covered in paragraph 1.Article 12Protection against expulsion1. Member States may take a decision to expel a long-term resident solely where he/she constitutes an actual and sufficiently serious threat to public policy or public security.2. The decision referred to in paragraph 1 shall not be founded on economic considerations.3. Before taking a decision to expel a long-term resident, Member States shall have regard to the following factors:(a) the duration of residence in their territory;(b) the age of the person concerned;(c) the consequences for the person concerned and family members;(d) links with the country of residence or the absence of links with the country of origin.4. Where an expulsion decision has been adopted, a judicial redress procedure shall be available to the long-term resident in the Member State concerned.5. Legal aid shall be given to long-term residents lacking adequate resources, on the same terms as apply to nationals of the State where they reside.Article 13More favourable national provisionsMember States may issue residence permits of permanent or unlimited validity on terms that are more favourable than those laid down by this Directive. Such residence permits shall not confer the right of residence in the other Member States as provided by Chapter III of this Directive.CHAPTER III RESIDENCE IN THE OTHER MEMBER STATESArticle 14Principle1. A long-term resident shall acquire the right to reside in the territory of Member States other than the one which granted him/her the long-term residence status, for a period exceeding three months, provided that the conditions set out in this chapter are met.2. A long-term resident may reside in a second Member State on the following grounds:(a) exercise of an economic activity in an employed or self-employed capacity;(b) pursuit of studies or vocational training;(c) other purposes.3. In cases of an economic activity in an employed or self-employed capacity referred to in paragraph 2(a), Member States may examine the situation of their labour market and apply their national procedures regarding the requirements for, respectively, filling a vacancy, or for exercising such activities.For reasons of labour market policy, Member States may give preference to Union citizens, to third-country nationals, when provided for by Community legislation, as well as to third-country nationals who reside legally and receive unemployment benefits in the Member State concerned.4. By way of derogation from the provisions of paragraph 1, Member States may limit the total number of persons entitled to be granted right of residence, provided that such limitations are already set out for the admission of third-country nationals in the existing legislation at the time of the adoption of this Directive.5. This chapter does not concern the residence of long-term residents in the territory of the Member States:(a) as employed workers posted by a service provider for the purposes of cross-border provision of services;(b) as providers of cross-border services.Member States may decide, in accordance with national law, the conditions under which long-term residents who wish to move to a second Member State with a view to exercising an economic activity as seasonal workers may reside in that Member State. Cross-border workers may also be subject to specific provisions of national law.6. This Chapter is without prejudice to the relevant Community legislation on social security with regard to third-country nationals.Article 15Conditions for residence in a second Member State1. As soon as possible and no later than three months after entering the territory of the second Member State, the long-term resident shall apply to the competent authorities of that Member State for a residence permit.Member States may accept that the long-term resident submits the application for a residence permit to the competent authorities of the second Member State while still residing in the territory of the first Member State.2. Member States may require the persons concerned to provide evidence that they have:(a) stable and regular resources which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 14(2), Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions;(b) sickness insurance covering all risks in the second Member State normally covered for its own nationals in the Member State concerned.3. Member States may require third-country nationals to comply with integration measures, in accordance with national law.This condition shall not apply where the third-country nationals concerned have been required to comply with integration conditions in order to be granted long-term resident status, in accordance with the provisions of Article 5(2).Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses.4. The application shall be accompanied by documentary evidence, to be determined by national law, that the persons concerned meets the relevant conditions, as well as by their long-term resident permit and a valid travel document or their certified copies.The evidence referred to in the first subparagraph may also include documentation with regard to appropriate accommodation.In particular:(a) in case of exercise of an economic activity the second Member State may require the persons concerned to provide evidence:(i) if they are in an employed capacity, that they have an employment contract, a statement by the employer that they are hired or a proposal for an employment contract, under the conditions provided for by national legislation. Member States shall determine which of the said forms of evidence is required;(ii) if they are in a self-employed capacity, that they have the appropriate funds which are needed, in accordance with national law, to exercise an economic activity in such capacity, presenting the necessary documents and permits;(b) in case of study or vocational training the second Member State may require the persons concerned to provide evidence of enrolment in an accredited establishment in order to pursue studies or vocational training.Article 16Family members1. When the long-term resident exercises his/her right of residence in a second Member State and when the family was already constituted in the first Member State, the members of his/her family, who fulfil the conditions referred to in Article 4(1) of Directive 2003/86/EC shall be authorised to accompany or to join the long-term resident.2. When the long-term resident exercises his/her right of residence in a second Member State and when the family was already constituted in the first Member State, the members of his/her family, other than those referred to in Article 4(1) of Directive 2003/86/EC may be authorised to accompany or to join the long-term resident.3. With respect to the submission of the application for a residence permit, the provisions of Article 15(1) apply.4. The second Member State may require the family members concerned to present with their application for a residence permit:(a) their long-term resident's EC residence permit or residence permit and a valid travel document or their certified copies;(b) evidence that they have resided as members of the family of the long-term resident in the first Member State;(c) evidence that they have stable and regular resources which are sufficient to maintain themselves without recourse to the social assistance of the Member State concerned or that the long-term resident has such resources and insurance for them, as well as sickness insurance covering all risks in the second Member State. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions.5. Where the family was not already constituted in the first Member State, Directive 2003/86/EC shall apply.Article 17Public policy and public security1. Member States may refuse applications for residence from long-term residents or their family members where the person concerned constitutes a threat to public policy or public security.When taking the relevant decision, the Member State shall consider the severity or type of offence against public policy or public security committed by the long-term resident or his/her family member(s), or the danger that emanates from the person concerned.2. The decision referred to in paragraph 1 shall not be based on economic considerations.Article 18Public health1. Member States may refuse applications for residence from long-term residents or their family members where the person concerned constitutes a threat to public health.2. The only diseases that may justify a refusal to allow entry or the right of residence in the territory of the second Member State shall be the diseases as defined by the relevant applicable instruments of the World Health Organisation's and such other infectious or contagious parasite-based diseases as are the subject of protective provisions in relation to nationals in the host country. Member States shall not introduce new more restrictive provisions or practices.3. Diseases contracted after the first residence permit was issued in the second Member State shall not justify a refusal to renew the permit or expulsion from the territory.4. A Member State may require a medical examination, for persons to whom this Directive applies, in order to certify that they do not suffer from any of the diseases referred to in paragraph 2. Such medical examinations, which may be free of charge, shall not be performed on a systematic basis.Article 19Examination of applications and issue of a residence permit1. The competent national authorities shall process applications within four months from the date that these have been lodged.If an application is not accompanied by the documentary evidence listed in Articles 15 and 16, or in exceptional circumstances linked with the complexity of the examination of the application, the time limit referred to in the first subparagraph may be extended for a period not exceeding three months. In such cases the competent national authorities shall inform the applicant thereof.2. If the conditions provided for in Articles 14, 15 and 16 are met, then, subject to the provisions relating to public policy, public security and public health in Articles 17 and 18, the second Member State shall issue the long-term resident with a renewable residence permit. This residence permit shall, upon application, if required, be renewable on expiry. The second Member State shall inform the first Member State of its decision.3. The second Member State shall issue members of the long-term resident's family with renewable residence permits valid for the same period as the permit issued to the long-term resident.Article 20Procedural guarantees1. Reasons shall be given for any decision rejecting an application for a residence permit. It shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation. The notification shall specify the possible redress procedures available and the time limit for taking action.Any consequences of no decision being taken by the end of the period referred to in Article 19(1) shall be determined by the national legislation of the relevant Member State.2. Where an application for a residence permit is rejected, or the permit is not renewed or is withdrawn, the person concerned shall have the right to mount a legal challenge in the Member State concerned.Article 21Treatment granted in the second Member State1. As soon as they have received the residence permit provided for by Article 19 in the second Member State, long-term residents shall in that Member State enjoy equal treatment in the areas and under the conditions referred to in Article 11.2. Long-term residents shall have access to the labour market in accordance with the provisions of paragraph 1.Member States may provide that the persons referred to in Article 14(2)(a) shall have restricted access to employed activities different than those for which they have been granted their residence permit under the conditions set by national legislation for a period not exceeding 12 months.Member States may decide in accordance with national law the conditions under which the persons referred to in Article 14(2)(b) or (c) may have access to an employed or self-employed activity.3. As soon as they have received the residence permit provided for by Article 19 in the second Member State, members of the family of the long-term resident shall in that Member State enjoy the rights listed in Article 14 of Directive 2003/86/EC.Article 22Withdrawal of residence permit and obligation to readmit1. Until the third-country national has obtained long-term resident status, the second Member State may decide to refuse to renew or to withdraw the resident permit and to oblige the person concerned and his/her family members, in accordance with the procedures provided for by national law, including removal procedures, to leave its territory in the following cases:(a) on grounds of public policy or public security as defined in Article 17;(b) where the conditions provided for in Articles 14, 15 and 16 are no longer met;(c) where the third-country national is not lawfully residing in the Member State concerned.2. If the second Member State adopts one of the measures referred to in paragraph 1, the first Member State shall immediately readmit without formalities the long-term resident and his/her family members. The second Member State shall notify the first Member State of its decision.3. Until the third-country national has obtained long-term resident status and without prejudice to the obligation to readmit referred to in paragraph 2, the second Member State may adopt a decision to remove the third-country national from the territory of the Union, in accordance with and under the guarantees of Article 12, on serious grounds of public policy or public security.In such cases, when adopting the said decision the second Member State shall consult the first Member State.When the second Member State adopts a decision to remove the third-country national concerned, it shall take all the appropriate measures to effectively implement it. In such cases the second Member State shall provide to the first Member State appropriate information with respect to the implementation of the removal decision.4. Removal decisions may not be accompanied by a permanent ban on residence in the cases referred to in paragraph 1(b) and (c).5. The obligation to readmit referred to in paragraph 2 shall be without prejudice to the possibility of the long-term resident and his/her family members moving to a third Member State.Article 23Acquisition of long-term resident status in the second Member State1. Upon application, the second Member State shall grant long-term residents the status provided for by Article 7, subject to the provisions of Articles 3, 4, 5 and 6. The second Member State shall notify its decision to the first Member State.2. The procedure laid down in Article 7 shall apply to the presentation and examination of applications for long-term resident status in the second Member State. Article 8 shall apply for the issuance of the residence permit. Where the application is rejected, the procedural guarantees provided for by Article 10 shall apply.CHAPTER IV FINAL PROVISIONSArticle 24Report and rendez-vous clausePeriodically, and for the first time no later than 23 January 2011, the Commission shall report to the European Parliament and to the Council on the application of this Directive in the Member States and shall propose such amendments as may be necessary. These proposals for amendments shall be made by way of priority in relation to Articles 4, 5, 9, 11 and to Chapter III.Article 25Contact pointsMember States shall appoint contact points who will be responsible for receiving and transmitting the information referred to in Article 19(2), Article 22(2) and Article 23(1).Member States shall provide appropriate cooperation in the exchange of the information and documentation referred to in the first paragraph.Article 26TranspositionMember States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 January 2006 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 reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 27Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 28AddresseesThis Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.Done at Brussels, 25 November 2003.For the CouncilThe PresidentG. Tremonti(1) OJ C 240 E, 28.8.2001, p. 79.(2) OJ C 284 E, 21.11.2002, p. 102.(3) OJ C 36, 8.2.2002, p. 59.(4) OJ C 19, 22.1.2002, p. 18.(5) OJ L 251, 3.10.2003, p. 12.(6) OJ L 157, 15.6.2002, p. 1.