Avis juridique important

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31991L0376

Commission Directive 91/376/EEC of 25 June 1991 amending Directive 86/109/EEC limiting the marketing of seed of certain species of fodder plants and oil and fibre plants which has been officially certified as 'basic seed' or 'certified seed'

Official Journal L 203 , 26/07/1991 P. 0108 - 0110 Finnish special edition: Chapter 3 Volume 38 P. 0078  Swedish special edition: Chapter 3 Volume 38 P. 0078

COMMISSION DIRECTIVE  of 25 June 1991  amending Directive 86/109/EEC limiting the marketing of seed of certain species of fodder plants and oil and fibre plants which has been officially certified as 'basic seed' or 'certified seed'  (91/376/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Directive 66/401/EEC of the Council of 14 June 1966 on the marketing of fodder plant seed (1), as last amended by Directive 90/654/EEC (2), and in particular Article 3 (3) thereof,  Having regard to Commission Directive 86/109/EEC (3), as amended by Directive 89/424/EEC (4), and in particular Article 3 thereof,  Whereas Directive 66/401/EEC allows the marketing of basic seed, certified seed and commercial seed of certain species of fodder plants;  Whereas Article 3 (3) of Directive 66/401/EEC authorizes the Commission to prohibit the marketing of seed unless it has been officially certified as 'basic seed' or 'certified seed';  Whereas, accordingly, Directive 86/109/EEC (3), inter alia, limits the marketing of seed of particular species of fodder plants to seed which has been officially certified as 'basic seed' or 'certified seed';  Whereas for some of the species referred to in Directive 86/109/EEC this marketing restriction applies as from 1 July 1991; whereas it now appears that, for a number of these species, Member States will not be in a position, at that date, to produce  sufficient basic seed and certified seed to satisfy the demand for seed within the Community;  Whereas, nevertheless, Member States which have officially accepted varieties of the relevant species should encourage the production of seed thereof for official certification as 'basic seed' or 'certified seed';  Whereas the Commission will explore appropriate means to encourage the marketing of the seed so produced;  Whereas it is therefore appropriate to provide for certain transitional arrangements until sufficient basic seed and certified seed of these species can be produced;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 86/109/EEC is hereby amended as follows:  1. Article 3 is replaced by the following:  'Article 3  Member States shall provide that from 1 July 1991 it shall not be permitted to place on the market seed of:   - Alopecurus pratensis L.  - meadow foxtail  - Arrhenatherum elatius (L.) Beauv.  ex J.S. and K.B. Presl  - tall oatgrass  - Bromus catharticus Vahl  - rescu grass  - Bromus sitchensis Trin.  - Alaska brome-grass  - Lupinus luteus  - yellow lupin, varieties other than bitter  - Lupinus angustifolius L.  - blue lupin  - Poa nemoralis  L.  - wood meadowgrass  - Trisetum flavescens (L.) Beauv.  - golden oatgrass  - Phacelia tanacetifolia Benth.  - California bluebell  - Sinapis alba L.  - white mustard unless it has been officially certified as "basic seed" or "certified seed".'   2. The following Article is inserted:  'Article 3a  1. Save where provided otherwise in paragraph 5, Member States shall provide that from 1 July 1991 it shall not be permitted to place on the market seed of   - Agrostis canina L.  - velvet bent  - Festuca ovina L.  - sheep's fescue  - Lupinus albus L.  - white lupin, bitter varieties  - Lupinus luteus L.  - yellow lupin, bitter varieties  - Trifolium alexandringum L.  - Egyptian clover  - Trifolium  incarnatum L.  - crimson clover  - Trifolium resupinatum L.  - Persian clover  - Vicia sativa L.  - common vetch  - Vicia villosa Roth.  - hairy vetch unless it has been officially certified as "basic seed" or "certified seed".  2. Member States shall inform the Commission, before the date mentioned in paragraph 1, of the amount of seed of the species referred to in paragraph 1 which is needed for sowing in their territories before 31 December 1991, in so far as it is likely  not to be covered by available seed officially certified as "basic seed" or "certified seed".  3. The Member States which have informed the Commission, pursuant to paragraph 2, of a potential shortage of seed officially certified as "basic seed" or "certified seed",  - shall collect all available information related to the adaptation to their territories of varieties of the relevant species listed in the common catalogue of varieties of agricultural plant species and inform the Commission thereof forthwith, and by 1  October 1991 at the latest,  - shall encourage the proper maintenance of existing ecotypes of the relevant species to meet the conditions for their official acceptance as varieties.  4. The Member States which have officially accepted varieties of the relevant species shall encourage the production of seed thereof for official certification as "basic seed" or "certified seed". The Commission will explore appropriate means to  encourage the marketing of the seed so produced.  5. The Member States referred to in paragraph 3 are hereby authorized to permit the placing on the market, until 31 December 1991, of seed officially controlled as "commercial seed" up to an amount to cover the shortage indicated pursuant to paragraph  2. In addition to the information required by Annex IV of Directive 66/401/EEC, the official label shall state:  - the declared type of the material concerned, and  - that the seed is intended exclusively for the Member State concerned.  6. In the case of shortages occurring after 31 December 1991 the provisions of Article 17 of Directive 66/401/EEC shall apply.'  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  Article 3  This Directive is addressed to the Member States. Done at Brussels, 25 June 1991. For the Commission  Ray MAC SHARRY  Member of the Commission   (1) OJ No 125, 11. 7. 1966, p. 2298/66. (2) OJ No L 353, 17. 12. 1990, p. 48. (3) OJ No L 93, 8. 4. 1986, p. 21. (4) OJ No L 196, 12. 7. 1989, p. 50.


title: Directive 2005/75/EC of the European Parliament and of the Council of  16 November 2005  correcting Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts

text:
               9.12.2005

               EN

               Official Journal of the European Union

               L 323/55

         DIRECTIVE 2005/75/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 16 November 2005
   correcting Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 47(2) and Articles 55 and 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions,
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               The threshold applying to contracts for certain services subsidised by more than 50 % should remain aligned with the threshold applying to service contracts awarded by contracting authorities other than central governmental authorities, as had been intended to be provided for with the adoption of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (3).

               (2)

               This alignment should also be guaranteed within the framework of the revision of the thresholds provided for in Article 78 of Directive 2004/18/EC.

               (3)

               Owing to a clerical error, Article 78 of Directive 2004/18/EC does not currently guarantee the desired alignment. Points (b) and (c) of Article 78(2) should therefore be corrected by moving the reference to point (b) of the first paragraph of Article 8 from Article 78(2)(b) to Article 78(2)(c),

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   In Article 78(2) of Directive 2004/18/EC, points (b) and (c) shall be replaced by the following:

               ‘(b)

               the threshold established in Article 67(1)(a) on the revised threshold applying to public service contracts awarded by the contracting authorities referred to in Annex IV;

               (c)

               the thresholds established in (b) of the first subparagraph of Article 8 and in Article 67(1)(b) and (c) on the revised threshold applying to public service contracts awarded by contracting authorities other than those referred to in Annex IV.’

         Article 2
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 January 2006.
   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 3
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Strasbourg, 16 November 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         Bach of LUTTERWORTH

      (1)  Opinion of 28 September 2005 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 27 September 2005 (not yet published in the Official Journal) and Council Decision of 14 November 2005.

      (3)  OJ L 134, 30.4.2004, p. 114. Directive as amended by Commission Regulation (EC) No 1874/2004 (OJ L 326, 29.10.2004, p. 17).


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32003L0033

Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (Text with EEA relevance)

Official Journal L 152 , 20/06/2003 P. 0016 - 0019

Directive 2003/33/EC of the European Parliament and of the Councilof 26 May 2003on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55 and 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) There are differences between the Member States' laws, regulations and administrative provisions on the advertising of tobacco products and related sponsorship. Such advertising and sponsorship in certain cases crosses the borders of the Member States or involves events organised on an international level, and are activities to which Article 49 of the Treaty applies. The differences in national legislation are likely to give rise to increasing barriers to the free movement between Member States of the products or services that serve as the support for such advertising and sponsorship. In the case of press advertising, certain obstacles have already been encountered. In the case of sponsorship, distortions of the conditions of competition are likely to increase and have already been noted as regards the organisation of certain major sporting and cultural events.(2) Those barriers should be eliminated and, to this end, the rules relating to the advertising of tobacco products and related sponsorship should in specific cases be approximated. In particular, there is a need to specify the extent to which tobacco advertising in certain categories of publications is allowed.(3) Article 95(3) of the Treaty requires the Commission, in its proposals for the establishment and functioning of the Internal Market concerning health, to take as a base a high level of protection. Within their respective powers, the European Parliament and the Council also seek to achieve this objective. The legislation of the Member States to be approximated is intended to protect public health by regulating the promotion of tobacco, an addictive product responsible for over half a million deaths in the Community annually, thereby avoiding a situation where young people begin smoking at an early age as a result of promotion and become addicted.(4) The circulation in the Internal Market of publications such as periodicals, newspapers and magazines is subject to an appreciable risk of obstacles to free movement as a result of Member States' laws, regulations and administrative provisions which prohibit or regulate tobacco advertising in those media. In order to ensure free circulation throughout the Internal Market for all such media, it is necessary to limit tobacco advertising therein to those magazines and periodicals which are not intended for the general public such as publications intended exclusively for professionals in the tobacco trade and to publications printed and published in third countries, that are not principally intended for the Community market.(5) The laws, regulations and administrative provisions of the Member States relating to certain types of sponsorship for the benefit of tobacco products with cross-border effects give rise to an appreciable risk of distortion of the conditions of competition for this activity within the Internal Market. In order to eliminate these distortions, it is necessary to prohibit such sponsorship only for those activities or events with cross-border effects which otherwise may be a means of circumventing the restrictions placed on direct forms of advertising, without regulating sponsorship on a purely national level.(6) Use of information society services is a means of advertising tobacco products which is increasing as public consumption and access to such services increases. Such services, as well as radio broadcasting, which may also be transmitted via information society services, are particularly attractive and accessible to young consumers. Tobacco advertising by both these media has, by its very nature, a cross-border character, and should be regulated at Community level.(7) Free distribution of tobacco products is subject to restriction in several Member States, given its high potential to create addiction. Cases of free distribution have occurred in the context of the sponsorship of events having cross-border effects and should therefore be prohibited.(8) Internationally applicable standards for the advertising of tobacco products and related sponsorship are the subject of negotiations for the drafting of a World Health Organisation Framework Convention on Tobacco Control. These negotiations are intended to create binding international rules complementary to those contained in this Directive.(9) The Commission should draw up a report on the implementation of this Directive. Provision should be made in the relevant Community programmes to monitor the effects of this Directive on public health.(10) Member States should take adequate and effective steps to ensure control of the implementation of measures adopted pursuant to this Directive in compliance with their national legislation, as provided for in Commission Communication to the European Parliament and the Council on the role of penalties in implementing Community Internal Market legislation and in the Council Resolution of 29 June 1995 on the effective uniform application of Community law and on the penalties applicable for breaches of Community law in the Internal Market(4). Such means should include provision for intervention of persons or organisations with legitimate interest in the suppression of activities that are not in conformity with this Directive.(11) The penalties provided for under this Directive should be without prejudice to any other penalty or remedy provided under national law.(12) This Directive regulates the advertising of tobacco products in the media other than television, i.e. in the press and other printed publications, in radio broadcasting and in information society services. It also regulates the sponsorship, by tobacco companies, of radio programmes and of events or activities involving, or taking place in, several Member States or otherwise having cross-border effects, including the free or discounted distribution of tobacco products. Other forms of advertising, such as indirect advertising, as well as the sponsorship of events or activities without cross-border effects, fall outside the scope of this Directive. Subject to the Treaty, Member States retain the competence to regulate these matters as they deem necessary to guarantee the protection of human health.(13) Advertising relating to medicinal products for human use is covered by Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use(5). Advertising relating to products intended for use in overcoming addiction to tobacco does not fall within the scope of this Directive.(14) This Directive should be without prejudice to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(6), which prohibits all forms of television advertising for cigarettes and other tobacco products. Directive 89/552/EEC provides that television programmes may not be sponsored by undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products, or the provision of services, the advertising of which is prohibited by that Directive. Teleshopping for tobacco products is also prohibited by Directive 89/552/EEC.(15) The transnational character of advertising is recognised by Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising(7). Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products(8), contains provisions on the use of misleading descriptions on the labelling of tobacco products, the cross-border effect of which has also been recognised.(16) Directive 98/43/EC of the European Parliament and of the Council of 6 July 1998 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products(9) was annulled by the Court of Justice in Case C-376/98 Federal Republic of Germany v European Parliament and Council of the European Union(10). References to Directive 98/43/EC should therefore be construed as references to this Directive.(17) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of the proper functioning of the Internal Market to lay down rules on the advertising of tobacco products and related sponsorship. This Directive does not go beyond what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty.(18) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure respect for the fundamental right of freedom of expression,HAVE ADOPTED THIS DIRECTIVE:Article 1Subject-matter and scope1. The objective of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to the advertising of tobacco products and their promotion:(a) in the press and other printed publications;(b) in radio broadcasting;(c) in information society services; and(d) through tobacco related sponsorship, including the free distribution of tobacco products.2. This Directive is intended to ensure the free movement of the media concerned and of related services and to eliminate obstacles to the operation of the Internal Market.Article 2DefinitionsFor the purposes of this Directive, the following definitions shall apply:(a) "tobacco products" means all products intended to be smoked, sniffed, sucked or chewed inasmuch as they are made, even partly, of tobacco;(b) "advertising" means any form of commercial communications with the aim or direct or indirect effect of promoting a tobacco product;(c) "sponsorship" means any form of public or private contribution to any event, activity or individual with the aim or direct or indirect effect of promoting a tobacco product;(d) "information society services" means services within the meaning of Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services(11).Article 3Advertising in printed media and information society services1. Advertising in the press and other printed publications shall be limited to publications intended exclusively for professionals in the tobacco trade and to publications which are printed and published in third countries, where those publications are not principally intended for the Community market.Other advertising in the press and other printed publications shall be prohibited.2. Advertising that is not permitted in the press and other printed publications shall not be permitted in information society services.Article 4Radio advertising and sponsorship1. All forms of radio advertising for tobacco products shall be prohibited.2. Radio programmes shall not be sponsored by undertakings whose principal activity is the manufacture or sale of tobacco products.Article 5Sponsorship of events1. Sponsorship of events or activities involving or taking place in several Member States or otherwise having cross-border effects shall be prohibited.2. Any free distribution of tobacco products in the context of the sponsorship of the events referred to in paragraph 1 having the purpose or the direct or indirect effect of promoting such products shall be prohibited.Article 6ReportNo later than 20 June 2008, the Commission shall submit a report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of this Directive. That report shall be accompanied by any proposals for amendments to this Directive which the Commission deems necessary.Article 7Penalties and enforcementMember States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those rules to the Commission by the date specified in Article 10 at the latest and shall notify it without delay of any subsequent amendment affecting them.Those rules shall include provisions ensuring that persons or organisations which, under national legislation, can justify a legitimate interest in the suppression of advertising, sponsorship or other matters incompatible with this Directive, may take legal action against such advertising or sponsorship or bring such advertising or sponsorship to the attention of an administrative body competent either to pronounce on complaints or to institute the appropriate legal proceedings.Article 8Free movement of products and servicesMember States shall not prohibit or restrict the free movement of products or services which comply with this Directive.Article 9References to Directive 98/43/ECReferences to the annulled Directive 98/43/EC shall be construed as references to this Directive.Article 10Implementation1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 July 2005 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 11Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 12AddresseesThis Directive is addressed to the Member States.Done at Brussels, 26 May 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentG. Drys(1) OJ C 270 E, 25.9.2001, p. 97.(2) OJ C 36, 8.2.2002, p. 104.(3) Opinion of the European Parliament of 20 November 2002 (not yet published in the Official Journal) and Decision of the Council of 27 March 2003.(4) OJ C 188, 22.7.1995, p. 1.(5) OJ L 311, 28.11.2001, p. 67.(6) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).(7) OJ L 250, 19.9.1984, p. 17. Directive as amended by Directive 97/55/EC of the European Parliament and of the Council (OJ L 290, 23.10.1997, p. 18).(8) OJ L 194, 18.7.2001, p. 26.(9) OJ L 213, 30.7.1998, p. 9.(10) [2000] ECR I-8419.(11) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).


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32003L0036

Directive 2003/36/EC of the European Parliament and of the Council of 26 May 2003 amending, for the 25th time, Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction — c/m/r) (Text with EEA relevance)

Official Journal L 156 , 25/06/2003 P. 0026 - 0030

Directive 2003/36/EC of the European Parliament and of the Councilof 26 May 2003amending, for the 25th time, Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction - c/m/r)(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Council Directive 76/769/EEC(4), lays down restrictions on the marketing and use of certain dangerous substances and preparations.(2) The measures provided for in this Directive fall within the framework of the action plan in Decision No 646/96/EC of the European Parliament and of the Council of 29 March 1996 adopting an action plan to combat cancer within the framework for action in the field of public health (1996 to 2000)(5).(3) In order to improve health protection and consumer safety, substances classified as carcinogenic, mutagenic or toxic to reproduction, and preparations containing them should not be placed on the market for use by the general public.(4) Directive 94/60/EC of the European Parliament and of the Council of 20 December 1994 amending for the 14th time Directive 76/769/EEC(6), establishes, in the form of an appendix concerning points 29, 30 and 31 of Annex I to Directive 76/769/EEC, a list containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2. Such substances and preparations containing them should not be placed on the market for use by the general public.(5) Directive 94/60/EC envisaged that the said list would be extended shortly after publication of an adaptation to technical progress of Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(7), which lists substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2.(6) Commission Directive 2001/59/EC(8), which adapted to technical progress for the 28th time Council Directive 67/548/EEC, and more particularly Annex I thereto, lists two substances newly classified as carcinogenic category 1, 19 substances newly classified as carcinogenic category 2, five substances newly classified as mutagenic category 2, one substance newly classified as toxic to reproduction category 1 and 16 substances newly classified as toxic to reproduction category 2.(7) Those substances should be added to the list in the appendix to Annex I to Directive 76/769/EEC.(8) The risks and advantages of the substances newly classified, by Directive 2001/59/EC, as carcinogenic, mutagenic and toxic to reproduction of category 1 or 2 have been taken into account.(9) This Directive shall apply without prejudice to Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(9), and individual directives based thereon, in particular Council Directive 90/394/EEC of the 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work(10),HAVE ADOPTED THIS DIRECTIVE:Article 1The substances listed in the Annex to this Directive shall be added to those substances listed in the appendix concerning points 29, 30 and 31 of Annex I to Directive 76/769/EEC. The substances listed in the Annex to this Directive in point 1(c) shall be deleted from list 2 of point 29 of Annex I to Directive 76/769/EEC.Article 21. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 25 June 2004. They shall forthwith inform the Commission thereof.They shall apply those provisions from 25 December 2004.2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 26 May 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentG. Drys(1) OJ C 126 E, 28.5.2002, p. 398.(2) OJ C 221, 17.9.2002, p. 8.(3) Opinion of the European Parliament of 11 June 2002 (not yet published in the Official Journal), Council Common Position of 21 January 2003 (OJ C 64 E, 18.3.2003, p. 6) and European Parliament Decision of 10 April 2003 (not yet published in the Official Journal).(4) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2002/62/EC (OJ L 183, 12.7.2002, p. 58).(5) OJ L 95, 16.4.1996, p. 9. Decision repealed on 31 December 2002 by Decision No 1786/2002/EC (OJ L 271, 9.10.2002, p. 1).(6) OJ L 365, 31.12.1994, p. 1.(7) OJ L 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2001/59/EC (OJ L 225, 21.8.2001, p. 1).(8) OJ L 225, 21.8.2001, p. 1.(9) OJ L 183, 29.6.1989, p. 1.(10) OJ L 196, 26.7.1990, p. 1. Directive as last amended by Council Directive 1999/38/EC (OJ L 138, 1.6.1999, p. 66).ANNEXThe Appendix to Annex I to Directive 76/769/EEC is amended as follows:1. the lists under the heading "Point 29 - Carcinogens" are amended as follows:(a) in the list for category 1, the following are added:>TABLE>(b) in the list for category 2, the following are added:>TABLE>(c) in the list for category 2, the following are deleted:>TABLE>2. under the heading "Point 30 - Mutagens" in the list for category 2, the following are added:>TABLE>3. the lists under the heading "Point 31 - Toxic to reproduction" are amended as follows:(a) in the list for category 1, the following is added:>TABLE>(b) in the list for category 2, the following are added:>TABLE>


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31988L0627

Council Directive 88/627/EEC of 12 December 1988 on the information to be published when a major holding in a listed company is acquired or disposed of

Official Journal L 348 , 17/12/1988 P. 0062 - 0065 Finnish special edition: Chapter 6 Volume 2 P. 0188  Swedish special edition: Chapter 6 Volume 2 P. 0188

*****COUNCIL  DIRECTIVE  of 12 December 1988  on the information to be published when a major holding in a listed company is acquired or disposed of  (88/627/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas a policy of adequate information of investors in the field of transferable securities is likely to improve investor protection, to increase investors' confidence in securities markets and thus to ensure that securities markets function correctly;  Whereas, by making such protection more equivalent, coordination of that policy at Community level is likely to make for greater inter-penetration of the Member States' transferable securities markets and therefore help to establish a true European capital market;  Whereas to that end investors should be informed of major holdings and of changes in those holdings in Community companies the shares of which are officially listed on stock exchanges situtated or operating within the Community;  Whereas coordinated rules should be laid down concerning the detailed content and the procedure for applying that requirement;  Whereas companies, the shares of which are officially listed on a Community stock exchange, can inform the public of changes in major holdings only if they have been informed of such changes by the holders of those holdings;  Whereas most Member States do not subject holders to such a requirement and where such a requirement exists there are appreciable differences in the procedures for applying it; whereas coordinated rules should therefore be adopted at Community level in this field,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. Member States shall make subject to this Directive natural persons and legal entities in public or private law who acquire or dispose of, directly or through intermediaries, holdings meeting the criteria laid down in Article 4 (1) which involve changes in the holdings of voting rights in companies incorporated under their law the shares of which are officially listed on a stock exchange or exchanges situated or operating within one or more Member States.  2. Where the acquisition or disposal of a major holding such as referred to in paragraph 1 is effected by means of certificates representing shares, this Directive shall apply to the bearers of those certificates, and not to the issuer.  3. This Directive shall not apply to the acquisition or disposal of major holdings in collective investment undertakings.  4. Paragraph 5 (c) of Schedule C of the Annex to Council Directive 79/279/EEC of 5 March 1979 coordinating the conditions for the admission of securities to official stock exchange listing (4), as last amended by Directive 82/148/EEC (5), is hereby replaced by the following:  '(c) The company must inform the public of any changes in the structure (shareholders and breakdowns of holdings) of the major holdings in its capital as compared with information previously published on that subject as soon as such changes come to its notice.  In particular, a company which is not subject to Council Directive 88/627/EEC of 12 December 1988 on the information to be published when a major holding in a listed company is acquired or disposed of (*) must inform the public within nine calender days whenever it comes to its notice that a person or entity has acquired or disposed of a number of shares such that his or its holding exceeds or falls below one of the thresholds laid down in Article 4 of that Directive.  (*) OJ No L 348, 17. 12. 1988, p. 62.'  Article 2  For the purposes of Directive, 'acquiring a holding' shall mean not only purchasing a holding, but also acquisition by any other means whatsoever, including acquisition in one of the situations referred to in Article 7.  Article 3  Member States may subject the natural persons, legal entities and companies referred to in Article 1 (1) to requirements stricter than those provided for in this Directive or to additional requirements, provided that such requirements apply generally to all those acquiring or disposing of holdings and all companies or to all those falling within a particular category acquiring or disposing of holdings or of companies.  Article 4  1. Where a natural person or legal entity referred to in Article 1 (1) acquires or disposes of a holding in a company referred to in Article 1 (1) and where, following that acquisition or disposal, the proportion of voting rights held by that person or legal entity reaches, exceeds or falls below one of the thresholds of 10 %, 20 %,1 / 3, 50 % and 2 / 3, he shall notify the company and at the same time the competent authority or authorities referred to in Article 13 within seven calendar days of the proportion of voting rights he holds following that acquisition or disposal. Member States need not apply:  - the thresholds of 20 % and 1 / 3 where they apply a single threshold of 25 %,  - the threshold of 2 / 3 where they apply the threshold of 75 %.  The period of seven calendar days shall start from the time when the owner of the major holding learns of the acquisition or disposal, or from the time when, in view of the circumstances, he should have learnt of it.  Member States may further provide that a company must also be informed in respect of the proportion of capital held by a natural person or legal entity.  2. Member States shall, if necessary, establish in their national law, and determine in accordance with it, the manner in which the voting rights to be taken into account for the purposes of applying paragraph 1 are to be brought to the notice of the natural persons and legal entities referred to in Article 1 (1).  Article 5  Member States shall provide that at the first annual general meeting of a company referred to in Article 1 (1) to take place more than three months after this Directive has been transposed into national law, any natural person or legal entity as referred to in Article 1 (1) must notify the company concerned and at the same time the competent authority or authorities where he holds 10 % or more of its voting rights, specifying the proportion of voting rights actually held unless that person or entity has already made a declaration in accordance with Article 4.  Within one month of that general meeting, the public shall be informed of all holdings of 10 % or more in accordance with Article 10.  Article 6  If the person or entity acquiring or disposing of a major holding as defined in Article 4 is a member of a group of undertakings required under Directive 83/349/EEC (1) to draw up consolidated accounts, that person or entity shall be exempt from the obligation to make the declaration provided for in Article 4 (1) and in Article 5 if it is made by the parent undertaking or, where the parent undertaking is itself a subsidiary undertaking, by its own parent undertaking.  Article 7  For the purposes of determining whether a natural person or legal entity as referred to in Article 1 (1) is required to make a declaration as provided for in Article 4 (1) and in Article 5, the following shall be regarded as voting rights held by that person or entity:  - voting rights held by other persons or entities in their own names but on behalf of that person or entity,  - voting rights held by an undertaking controlled by that person or entity;  - voting rights held by a third party with whom that person or entity has concluded a written agreement which obliges them to adopt, by concerted exercise of the voting rights they hold, a lasting common policy towards the management of the company in question.  - voting rights held by a third party under a written agreement concluded with that person or entity or with an undertaking controlled by that person or entity providing for the temporary transfer for consideration of the voting rights in question,  - voting rights attaching to shares owned by that person or entity which are lodged as security, except where the person or entity holding the security controls the voting rights and declares his intention of exercising them, in which case they shall be regarded as the latter's voting rights,  - voting rights attaching to shares of which that person or entity has the life interest,  - voting rights which that person or entity or one of the other persons or entities mentioned in the above indents is entitled to acquire, on his own initiative alone, under a formal agreement; in such cases, the notification prescribed in Article 4 (1) shall be effected on the date of the agreement,  - voting rights attaching to shares deposited with that person or entity which that person or entity can exercise at its discretion in the absence of specific instructions from the holders.  By way of derogation from Article 4 (1), where a person or entity may exercise voting rights referred to in the last indent of the preceding subparagraph in a company and where the totality of these voting rights together with the other voting rights held by that person or entity in that company reaches or exceeds one of the thresholds provided for in Article 4 (1), Member States may lay down that the said person or entity is only obliged to inform the company concerned 21 calendar days before the general meeting of that company.  Article 8  1. For the purposes of this Directive, 'controlled undertaking' shall mean any undertaking in which a natural person or legal entity:  (a) has a majority of the sahreholders' or members' voting rights; or  (b) has the right to appoint or remove a majority of the members of the administrative, management or supervisory body and is at the same time a shareholder in, or member of, the undertaking in question; or  (c) is a shareholder or member and alone controls a majority of the shareholders' or members' voting rights pursuant to an agreement entered into with other shareholders or members of the undertaking.  2. For the purposes of paragraph 1, a parent undertaking's rights as regards voting, appointment and removal shall include the rights of any other controlled undertaking and those of any person or entity acting in his own name but on behalf of the parent undertaking or of any other controlled undertaking.  Article 9  1. The competent authorities may exempt from the declaration provided for in Article 4 (1) the acquisition or disposal of a major holding, as defined in Article 4, by a professional dealer in securities, in so far as that acquisition or disposal is effected in his capacity as a professional dealer in securities and in so far as the acquisition is not used by the dealer to intervene in the management of the company concerned.  2. The competent authorities shall require the professional dealers in securities referred to in paragraph 1 to be members of a stock exchange situated or operating within a Member State or to be approved or supervised by a competent authority such as referred to in Article 12.  Article 10  1. A company which has received a declaration referred to in the first subparagraph of Article 4 (1) must in turn disclose it to the public in each of the Member States in which its shares are officially listed on a stock exchange as soon as possible but not more than nine calender days after the receipt of that declaration.  A Member State may provide for the disclosure to the public, referred to in the first subparagraph, to be made not by the company concerned but by the competent authority, possibly in cooperation with that company.  2. The disclosure referred to in paragraph 1 must be made by publication in one or more newspapers distributed throughout or widely in the Member State or States concerned or be made available to the public either in writing in places indicated by announcements to be published in one or more newspapers distributed throughout or widely in the Member State or States concerned or by other equivalent means approved by the competent authorities.  The said disclosure must be made by publication in the official language or languages, or in one of the official languages or in another language, provided that in the Member State in question the official language or languages or such other language is or are customary in the sphere of finance and accepted by the competent authorities.  Article 11  The competent authorities may, exceptionally, exempt the companies referred to in Article 1 (1) from the obligation to notify the public set out in Article 10 where those authorities consider that the disclosure of such information would be contrary to the public interest or seriously detrimental to the companies concerned, provides that, in the latter case, such omission would not be likely to mislead the public with regard to the facts and circumstances knowledge of which is essential for the assessment of the transferable securities in question.  Article 12  1. Member States shall designate the competent authority or authorities for the purposes of this Directive and shall inform the Commission accordingly, specifying, where appropriate, and division of duties between those authorities.  2. Member States shall ensure that the competent authorities have such powers as may be necessary for the performance of their duties.  3. The competent authorities in the Member States shall cooperate wherever necessary for the purpose of performing their duties and shall exchange any information useful for that purpose.  Article 13  For the purpose of this Directive, the competent authorities shall be those of the Member State the law of which governs the companies referred to in Article 1 (1). Article 14  1. Member States shall provide that every person who carries on or has carried on an activity in the employment of a competent authority whall be bound by professional secrecy. This means that no confidential information received in the course of their duties may be divulged to any person or authority except by virtue of provisions laid down by law.  2. Paragraph 1 shall not, however, preclude the competent authorities of the various Member States from exchanging information as provided for in this Directive. Information thus exchanged shall be covered by the obligation of professional secrecy to which persons employed or previously employed by the competent authorities receiving the information are subject.  3. A competent authority which receives confidential information pursuant to paragraph 2 may use it solely for the performance of its duties.  Article 15  Member States shall provide for appropriate sanctions in cases where the natural persons or legal entities and the companies referred to in Article 1 (1) do not comply with the provisions of this Directive.  Article 16  1. The Contact Committee set up by Article 20 of Directive 79/279/EEC shall also have as its function:  (a) to permit regular consultations on any practical problems which arise from the application of this Directive and on which exchanges of view are deemed useful;  (b) to facilitate consultations between the Member States on the stricter or additional requirements which they may lay down in accordance with Article 3, so that the requirements imposed in all the Member States may be brought into line, in accordance with Article 54 (3) (g) of the Treaty;  (c) to advise the Commission, if necessary, on any additions or amendments to be made to this Directive. Article 17  1. Member States shall take the measures necessary for them to comply with this Directive before 1 January 1991. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive.  Article 18  This Directive is addressed to the Member States.  Done at Brussels, 12 December 1988.  For the Council  The President  P. ROUMELIOTIS  (1) OJ No C 351, 31. 12. 1985, p. 35, and  OJ No C 255, 25. 9. 1987, p. 6.  (2) OJ No C 125, 11. 5. 1987, p. 144, and  OJ No C 309, 5. 12. 1988.  (3) OJ No C 263, 20. 10. 1986, p. 1.  (4) OJ No L 66, 16. 3. 1979, p. 21.  (5) OJ No L 62, 5. 3. 1982, p. 22.  (1) OJ No L 193, 18. 7. 1983, p. 1.


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31979L1011

Twenty-ninth Commission Directive 79/1011/EEC of 15 November 1979 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 310 , 06/12/1979 P. 0024 - 0026 Greek special edition: Chapter 03 Volume 27 P. 0065

****( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 207 , 15 . 8 . 1979 , P . 19 .    TWENTY-NINTH COMMISSION DIRECTIVE   OF 15 NOVEMBER 1979   AMENDING THE ANNEXES TO COUNCIL DIRECTIVE 70/524/EEC CONCERNING ADDITIVES IN FEEDINGSTUFFS  ( 79/1011/EEC )   THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DIRECTIVE 70/524/EEC OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ( 1 ), AS LAST AMENDED BY COMMISSION DIRECTIVE 79/697/EEC ( 2 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,   WHEREAS THE PROVISIONS OF DIRECTIVE 70/524/EEC LAY DOWN THAT THE ANNEXES MUST BE CONSTANTLY ADAPTED IN LINE WITH THE PROGRESS OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;   WHEREAS IT APPEARS FROM THE STUDIES CARRIED OUT THAT CERTAIN ADDITIVES LISTED IN ANNEX II IN THE ' ANTIBIOTICS '  OR  ' EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS ' GROUPS MAY BE AUTHORIZED UNDER CERTAIN CONDITIONS THROUGHOUT THE COMMUNITY ;   WHEREAS THE USE OF VARIOUS ADDITIVES LISTED AT PRESENT IN ANNEX II REQUIRES FURTHER EXAMINATION ; WHEREAS FOR THIS REASON THE PERIOD OF AUTHORIZATION OF THESE SUBSTANCES MUST BE EXTENDED FOR A CERTAIN PERIOD ; WHEREAS THE USE OF THE ANTIBIOTIC NOSIHEPTIDE MAY , UNDER CERTAIN CONDITIONS , BE AUTHORIZED AT NATIONAL LEVEL ;   WHEREAS THE CONDITIONS OF USE OF SEVERAL ADDITIVES LISTED IN ANNEX I OR ANNEX II NEED TO BE AMENDED OR SUPPLEMENTED ;   WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   THE ANNEXES TO DIRECTIVE 70/524/EEC ARE HEREBY AMENDED AS FOLLOWS :   1 . IN ANNEX I ,  ( A ) IN PART A ' ANTIBIOTICS ' :  ( AA ) ITEM NO E 712 , ' FLAVOPHOSPHOLIPOL ' , IS SUPPLEMENTED AS FOLLOWS :     //   //  //  //  CHEMICAL //  //  //  MINIMUM CONTENT //  MAXIMUM CONTENT //   // EEC NO  //  ADDITIVES //  FORMULA , DESCRIPTION //  SPECIES OF ANIMAL //  MAXIMUM AGE //  PPM OF COMPLETE FEEDINGSTUFF //  OTHER PROVISIONS //   //  //  //  //    CATTLE   FOR FATTENING  //  //  2 //  10 //  INDICATE IN THE INSTRUCTIONS FOR USE : //  //  //  //  //  //  //  //   -  FOR SUPPLEMENTARY FEEDINGSTUFFS THE MAXIMUM DOSE IN THE DAILY RATION MUST NOT EXCEED : //  //  //  //  //  //  //  //   -  FOR 100 KG BODYWEIGHT : 40 MG //  //  //  //  //  //  //  //   -  ABOVE 100 KG : ADD 1.5 MG FOR EACH ADDITIONAL 10 KG BODYWEIGHT // ****   ( BB ) THE FOLLOWING ITEM IS ADDED :    //   //  //  //  CHEMICAL //  //  //  MINIMUM CONTENT //  MAXIMUM CONTENT //   // EEC NO  //  ADDITIVES //  FORMULA , DESCRIPTION //  SPECIES OF ANIMAL //  MAXIMUM AGE //  PPM OF COMPLETE FEEDINGSTUFF //  OTHER PROVISIONS //   // E 715 //  AVOPARCIN //  C53H6O30N6CL3  ( POLYPEPTIDE ) //   CHICKENS   FOR FATTENING  //  //  7.5 //  15 //  //  //  //   PIGLETS  //   4 MO  //  10 //  40 //  //  //  //    PIGS  //   ABOVE 4 MO   TO 6 MO  //   5 //  20 //    ( B ) IN PART E ' EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS ' , THE FOLLOWING ITEMS ARE ADDED :     //   //  //  //  CHEMICAL //  //  //  MINIMUM CONTENT //  MAXIMUM CONTENT //   // EEC NO  //  ADDITIVES //  FORMULA , DESCRIPTION //  SPECIES OF ANIMAL //  MAXIMUM AGE //  PPM OF COMPLETE FEEDINGSTUFF //  OTHER PROVISIONS //   // E 496 //  POLYETHYLENE GLYCOL 6000 //   ALL ANIMAL   SPECIES  //  //  //  300 //  ALL FEEDINGSTUFFS // E 497 //  POLYOXYPROPYLENE-POLYOXYETHYLENE POLYMERS ( P.M . 6800-9000 ) //   ALL ANIMAL   SPECIES  //  //  //   50 //    ( C ) IN PART G ' PRESERVATIVES ' , THE WORDS ' WITH THE EXCEPTION OF CATS '  APPEARING IN THE COLUMN ' SPECIES OF ANIMAL '  ARE DELETED FOR THE FOLLOWING ITEMS :   E 214 ETHYL P-HYDROXYBENZOATE ,   E 215 SODIUM ETHYL P-HYDROXYBENZOATE ,   E 216 PROPYL P-HYDROXYBENZOATE ,   E 217 SODIUM PROPYL P-HYDROXYBENZOATE ,   E 218 METHYL P-HYDROXYBENZOATE ,   E 219 SODIUM METHYL P-HYDROXYBENZOATE ;   2 . IN ANNEX II ,  ( A ) IN PART A ' ANTIBIOTICS ' ,  ( AA ) IN RESPECT OF ITEM NO 21 , ' VIRGINIAMYCIN ' , THE DATE  ' 31 DECEMBER 1979 '  IN THE COLUMN ' PERIOD OF AUTHORIZATION ' IS REPLACED BY ' 30 JUNE 1980 ' ;  ( BB ) THE FOLLOWING ITEM IS ADDED :     //   //  //  //  CHEMICAL //  //  //  MINIMUM CONTENT //  MAXIMUM CONTENT //   // EEC NO  //  ADDITIVES //  FORMULA , DESCRIPTION //  SPECIES OF ANIMAL //  MAXIMUM AGE //  PPM OF COMPLETE FEEDINGSTUFF //  OTHER PROVISIONS //  PERIOD OF AUTHORIZATION //   // 25 //  NOSIHEPTIDE //  C51H43N13O12S6 //   POULTRY   FOR FATTENING   PIGS  // 6 MO //  1 2  //  10 20  //    ADMINISTRATION   PROHIBITED FOR   AT LEAST 5 DAYS   BEFORE SLAUGHTER  //    31 DECEMBER   1980 // ****   ( B ) IN PART B , ' COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES ' , THE DATE ' 31 DECEMBER 1979 '  IN THE COLUMN  ' PERIOD OF AUTHORIZATION '  IS REPLACED BY ' 31 DECEMBER 1980 ' FOR THE FOLLOWING ITEMS :   NO 6 NICARBAZIN ,   NO 16 METICLORPINDOL/METHYL BENZOQUATE ,   NO 19 3,5-DINITROSALICYLIC-(5-NITROFURFURYLIDENE ) HYDRAZIDE ,   NO 20 AMPROLIUM/SULPHAQUINOXALINE/ETHOPABATE ,   NO 21 AMPROLIUM/SULPHAQUINOXALINE/ETHOPABATE/PYRIMETHAMINE ,   NO 22 HALOFUGINONE ;  ( C ) IN PART C , ' EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS ' , THE DATE ' 31 DECEMBER 1979 '  IN THE COLUMN  ' PERIOD OF AUTHORIZATION '  IS REPLACED BY ' 31 DECEMBER 1980 ' FOR THE FOLLOWING ITEMS :   NO 4 1,2-PROPANEDIOL ,   NO 5 1,3-BUTANEDIOL ;  ( D ) IN PART D , ' PRESERVATIVES ' , THE DATE ' 31 DECEMBER 1979 ' IN THE COLUMN ' PERIOD OF AUTHORIZATION '  IS REPLACED BY ' 31 DECEMBER 1980 '  FOR THE FOLLOWING ITEMS :   NO 1 FUMARIC ACID ,   NO 2 MALIC ACID ,   NO 3 HYDROCHLORIC ACID ,   NO 4 SULPHURIC ACID ,   NO 5 FORMALDEHYDE ,   NO 16 SODIUM NITRITE ( E 250 );  ( E ) IN PART D ( A ), ' TRACE ELEMENTS ' , THE DATE ' 31 DECEMBER 1979 '  IN THE COLUMN ' PERIOD OF AUTHORIZATION '  IS REPLACED BY  ' 31 DECEMBER 1980 '  FOR ITEM NO 3 , ' COPPER ' ;  ( F ) IN PART D ( B ), ' NON-PROTEIN NITROGENOUS COMPOUNDS ' , THE DATE ' 31 DECEMBER 1979 '  IN THE COLUMN ' PERIOD OF AUTHORIZATION '  IS REPLACED BY ' 31 DECEMBER 1980 '  FOR THE FOLLOWING ITEMS :   NO 1 CYANURIC ACID ,   NO 2 TRIURET ;  ( G ) IN PART F , ' GROWTH PROMOTERS ' , THE DATE ' 31 DECEMBER 1979 '  IN THE COLUMN ' PERIOD OF AUTHORIZATION '  IS REPLACED BY  ' 31 DECEMBER 1980 '  FOR THE FOLLOWING ITEMS :   NO 2 CARBADOX ,   NO 3 OLAQUINDOX ;  ( H ) IN PART G , ' BINDERS , ANTI-CAKING AGENTS AND COAGULANTS ' , THE DATE ' 31 DECEMBER 1979 '  IN THE COLUMN  ' PERIOD OF AUTHORIZATION '  IS REPLACED BY ' 31 DECEMBER 1980 ' FOR THE FOLLOWING ITEMS :   NO 1 SILICA ,   NO 2 SILICATES , FREE OF ASBESTOS , WITH THE EXCEPTION OF CALCIUM SILICATES .   ARTICLE 2   THE MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH ARTICLE 1 ( 1 ) WITH EFFECT FROM 1 JANUARY 1980 AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .   ARTICLE 3   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 15 NOVEMBER 1979 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT


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32001L0097

Directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001 amending Council Directive 91/308/EEC on prevention of the use of the financial system for the purpose of money laundering - Commission Declaration

Official Journal L 344 , 28/12/2001 P. 0076 - 0082

Directive 2001/97/EC of the European Parliament and of the Councilof 4 December 2001amending Council Directive 91/308/EEC on prevention of the use of the financial system for the purpose of money launderingTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 47(2), first and third sentences, and Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 18 September 2001,Whereas:(1) It is appropriate that Directive 91/308/EEC(4), hereinafter referred to as "the Directive", as one of the main international instruments in the fight against money laundering, should be updated in line with the conclusions of the Commission and the wishes expressed by the European Parliament and the Member States. In this way the Directive should not only reflect best international practice in this area but should also continue to set a high standard in protecting the financial sector and other vulnerable activities from the harmful effects of the proceeds of crime.(2) The General Agreement on Trade in Services (GATS) allows Members to adopt measures necessary to protect public morals and to adopt measures for prudential reasons, including for ensuring the stability and integrity of the financial system. Such measures should not impose restrictions that go beyond what is necessary to achieve those objectives.(3) The Directive does not establish clearly which Member State's authorities should receive suspicious transaction reports from branches of credit and financial institutions having their head office in another Member State nor which Member State's authorities are responsible for ensuring that such branches comply with the Directive. The authorities of the Member States in which the branch is located should receive such reports and exercise the above responsibilities.(4) This allocation of responsibilities should be set out clearly in the Directive by means of an amendment to the definition of "credit institution" and "financial institution".(5) The European Parliament has expressed concerns that the activities of currency exchange offices ("bureaux de change") and money transmitters (money remittance offices) are vulnerable to money laundering. These activities should already fall within the scope of the Directive. In order to dispel any doubt in this matter the Directive should clearly confirm that these activities are covered.(6) To ensure the fullest possible coverage of the financial sector it should also be made clear that the Directive applies to the activities of investment firms as defined in Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field(5).(7) The Directive obliges Member States only to combat the laundering of the proceeds of drugs offences. There has been a trend in recent years towards a much wider definition of money laundering based on a broader range of predicate or underlying offences, as reflected for example in the 1996 revision of the 40 Recommendations of the Financial Action Task Force (FATF), the leading international body devoted to the fight against money laundering.(8) A wider range of predicate offences facilitates suspicious transaction reporting and international cooperation in this area. Therefore, the Directive should be brought up to date in this respect.(9) In Joint Action 98/699/JHA of 3 December 1998 adopted by the Council on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime(6), the Member States agreed to make all serious offences, as defined in the Joint Action, predicate offences for the purpose of the criminalisation of money laundering.(10) The suppression of organised crime in particular is closely linked to measures to combat money laundering. The list of predicate offences should therefore be adapted accordingly.(11) The Directive imposes obligations regarding in particular the reporting of suspicious transactions. It would be more appropriate and in line with the philosophy of the Action Plan to Combat Organised Crime(7) for the prohibition of money laundering under the Directive to be extended.(12) On 21 December 1998 the Council adopted Joint Action 98/733/JHA on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union(8). This Joint Action reflects the Member States' agreement on the need for a common approach in this area.(13) As required by the Directive, suspicious transaction reports are being made by the financial sector, and particularly by the credit institutions, in every Member State. There is evidence that the tightening of controls in the financial sector has prompted money launderers to seek alternative methods for concealing the origin of the proceeds of crime.(14) There is a trend towards the increased use by money launderers of non-financial businesses. This is confirmed by the work of the FATF on money laundering techniques and typologies.(15) The obligations of the Directive concerning customer identification, record keeping and the reporting of suspicious transactions should be extended to a limited number of activities and professions which have been shown to be vulnerable to money laundering.(16) Notaries and independent legal professionals, as defined by the Member States, should be made subject to the provisions of the Directive when participating in financial or corporate transactions, including providing tax advice, where there is the greatest risk of the services of those legal professionals being misused for the purpose of laundering the proceeds of criminal activity.(17) However, where independent members of professions providing legal advice which are legally recognised and controlled, such as lawyers, are ascertaining the legal position of a client or representing a client in legal proceedings, it would not be appropriate under the Directive to put these legal professionals in respect of these activities under an obligation to report suspicions of money laundering. There must be exemptions from any obligation to report information obtained either before, during or after judicial proceedings, or in the course of ascertaining the legal position for a client. Thus, legal advice remains subject to the obligation of professional secrecy unless the legal counsellor is taking part in money laundering activities, the legal advice is provided for money laundering purposes, or the lawyer knows that the client is seeking legal advice for money laundering purposes.(18) Directly comparable services need to be treated in the same manner when practised by any of the professionals covered by the Directive. In order to preserve the rights laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Treaty of the European Union, in the case of auditors, external accountants and tax advisors who, in some Member States, may defend or represent a client in the context of judicial proceedings or ascertain a client's legal position, the information they obtain in the performance of these tasks should not be subject to the reporting obligations in accordance with the Directive.(19) The Directive makes reference to "the authorities responsible for combating money laundering" to which reports of suspicious operations must be made on the one hand, and to authorities empowered by law or regulation to supervise the activity of any of the institutions or persons subject to this Directive ("competent authorities") on the other hand. It is understood that the Directive does not oblige Member States to create such "competent authorities" where they do not exist, and that bar associations and other self-regulatory bodies for independent professionals do not fall under the term "competent authorities".(20) In the case of notaries and independent legal professionals, Member States should be allowed, in order to take proper account of these professionals' duty of discretion owed to their clients, to nominate the bar association or other self-regulatory bodies for independent professionals as the body to which reports on possible money laundering cases may be addressed by these professionals. The rules governing the treatment of such reports and their possible onward transmission to the "authorities responsible for combating money laundering" and in general the appropriate forms of cooperation between the bar associations or professional bodies and these authorities should be determined by the Member States,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 91/308/EEC is hereby amended as follows:1. Article 1 shall be replaced by the following: "Article 1For the purpose of this Directive:(A) Credit institution means a credit institution, as defined in Article 1(1) first subparagraph of Directive 2000/12/EC(9) and includes branches within the meaning of Article 1(3) of that Directive and located in the Community, of credit institutions having their head offices inside or outside the Community;(B) 'Financial institution' means:1. an undertaking other than a credit institution whose principal activity is to carry out one or more of the operations included in numbers 2 to 12 and number 14 of the list set out in Annex I to Directive 2000/12/EC; these include the activities of currency exchange offices (bureaux de change) and of money transmission/remittance offices;2. an insurance company duly authorised in accordance with Directive 79/267/EEC(10), insofar as it carries out activities covered by that Directive;3. an investment firm as defined in Article 1(2) of Directive 93/22/EEC(11);4. a collective investment undertaking marketing its units or shares.This definition of financial institution includes branches located in the Community of financial institutions, whose head offices are inside or outside the Community,(C) 'Money laundering' means the following conduct when committed intentionally:- the conversion or transfer of property, knowing that such property is derived from criminal activity or from an act of participation in such activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such activity to evade the legal consequences of his action;- the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from criminal activity or from an act of participation in such activity;- the acquisition, possession or use of property, knowing, at the time of receipt, that such property was derived from criminal activity or from an act of participation in such activity;- participation in, association to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the actions mentioned in the foregoing indents.Knowledge, intent or purpose required as an element of the abovementioned activities may be inferred from objective factual circumstances.Money laundering shall be regarded as such even where the activities which generated the property to be laundered were carried out in the territory of another Member State or in that of a third country.(D) 'Property' means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interests in such assets.(E) 'Criminal activity' means any kind of criminal involvement in the commission of a serious crime.Serious crimes are, at least:- any of the offences defined in Article 3(1)(a) of the Vienna Convention;- the activities of criminal organisations as defined in Article 1 of Joint Action 98/733/JHA(12);- fraud, at least serious, as defined in Article 1(1) and Article 2 of the Convention on the protection of the European Communities' financial interests(13);- corruption;- an offence which may generate substantial proceeds and which is punishable by a severe sentence of imprisonment in accordance with the penal law of the Member State.Member States shall before 15 December 2004 amend the definition provided for in this indent in order to bring this definition into line with the definition of serious crime of Joint Action 98/699/JHA. The Council invites the Commission to present before 15 December 2004 a proposal for a Directive amending in that respect this Directive.Member States may designate any other offence as a criminal activity for the purposes of this Directive.(F) 'Competent authorities' means the national authorities empowered by law or regulation to supervise the activity of any of the institutions or persons subject to this Directive."2. The following Article shall be inserted: "Article 2aMember States shall ensure that the obligations laid down in this Directive are imposed on the following institutions:1. credit institutions as defined in point A of Article 1;2. financial institutions as defined in point B of Article 1;and on the following legal or natural persons acting in the exercise of their professional activities:3. auditors, external accountants and tax advisors;4. real estate agents;5. notaries and other independent legal professionals, when they participate, whether:(a) by assisting in the planning or execution of transactions for their client concerning the(i) buying and selling of real property or business entities;(ii) managing of client money, securities or other assets;(iii) opening or management of bank, savings or securities accounts;(iv) organisation of contributions necessary for the creation, operation or management of companies;(v) creation, operation or management of trusts, companies or similar structures;(b) or by acting on behalf of and for their client in any financial or real estate transaction;6. dealers in high-value goods, such as precious stones or metals, or works of art, auctioneers, whenever payment is made in cash, and in an amount of EUR 15000 or more;7. casinos."3. Article 3 shall be replaced by the following: "Article 31. Member States shall ensure that the institutions and persons subject to this Directive require identification of their customers by means of supporting evidence when entering into business relations, particularly, in the case of the institutions, when opening an account or savings accounts, or when offering safe custody facilities.2. The identification requirement shall also apply for any transaction with customers other than those referred to in paragraph 1, involving a sum amounting to EUR 15000 or more, whether the transaction is carried out in a single operation or in several operations which seem to be linked. Where the sum is not known at the time when the transaction is undertaken, the institution or person concerned shall proceed with identification as soon as it or he is apprised of the sum and establishes that the threshold has been reached.3. By way of derogation from the preceding paragraphs, the identification requirements with regard to insurance policies written by insurance undertakings within the meaning of Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance (third life assurance Directive)(14), where they perform activities which fall within the scope of that Directive shall not be required where the periodic premium amount or amounts to be paid in any given year does or do not exceed EUR 1000 or where a single premium is paid amounting to EUR 2500 or less. If the periodic premium amount or amounts to be paid in any given year is or are increased so as to exceed the EUR 1000 threshold, identification shall be required.4. Member States may provide that the identification requirement is not compulsory for insurance policies in respect of pension schemes taken out by virtue of a contract of employment or the insured's occupation, provided that such policies contain no surrender clause and may not be used as collateral for a loan.5. By way of derogation from the preceding paragraphs, all casino customers shall be identified if they purchase or sell gambling chips with a value of EUR 1000 or more.6. Casinos subject to State supervision shall be deemed in any event to have complied with the identification requirement laid down in this Directive if they register and identify their customers immediately on entry, regardless of the number of gambling chips purchased.7. In the event of doubt as to whether the customers referred to in the above paragraphs are acting on their own behalf, or where it is certain that they are not acting on their own behalf, the institutions and persons subject to this Directive shall take reasonable measures to obtain information as to the real identity of the persons on whose behalf those customers are acting.8. The institutions and persons subject to this Directive shall carry out such identification, even where the amount of the transaction is lower than the threshold laid down, wherever there is suspicion of money laundering.9. The institutions and persons subject to this Directive shall not be subject to the identification requirements provided for in this Article where the customer is a credit or financial institution covered by this Directive or a credit or financial institution situated in a third country which imposes, in the opinion of the relevant Member States, equivalent requirements to those laid down by this Directive.10. Member States may provide that the identification requirements regarding transactions referred to in paragraphs 3 and 4 are fulfilled when it is established that the payment for the transaction is to be debited from an account opened in the customer's name with a credit institution subject to this Directive according to the requirements of paragraph 1.11. Member States shall, in any case, ensure that the institutions and persons subject to this Directive take specific and adequate measures necessary to compensate for the greater risk of money laundering which arises when establishing business relations or entering into a transaction with a customer who has not been physically present for identification purposes ('non-face to face' operations). Such measures shall ensure that the customer's identity is established, for example, by requiring additional documentary evidence, or supplementary measures to verify or certify the documents supplied, or confirmatory certification by an institution subject to this Directive, or by requiring that the first payment of the operations is carried out through an account opened in the customer's name with a credit institution subject to this Directive. The internal control procedures laid down in Article 11(1) shall take specific account of these measures."4. In Articles 4, 5, 8 and 10 the terms "credit and financial institutions" shall be replaced by "the institutions and persons subject to this Directive".5. Article 6 shall be replaced by the following: "Article 61. Member States shall ensure that the institutions and persons subject to this Directive and their directors and employees cooperate fully with the authorities responsible for combating money laundering:(a) by informing those authorities, on their own initiative, of any fact which might be an indication of money laundering;(b) by furnishing those authorities, at their request, with all necessary information, in accordance with the procedures established by the applicable legislation.2. The information referred to in paragraph 1 shall be forwarded to the authorities responsible for combating money laundering of the Member State in whose territory the institution or person forwarding the information is situated. The person or persons designated by the institutions and persons in accordance with the procedures provided for in Article 11(1)(a) shall normally forward the information.3. In the case of the notaries and independent legal professionals referred to in Article 2a(5), Member States may designate an appropriate self-regulatory body of the profession concerned as the authority to be informed of the facts referred to in paragraph 1(a) and in such case shall lay down the appropriate forms of cooperation between that body and the authorities responsible for combating money laundering.Member States shall not be obliged to apply the obligations laid down in paragraph 1 to notaries, independent legal professionals, auditors, external accountants and tax advisors with regard to information they receive from or obtain on one of their clients, in the course of ascertaining the legal position for their client or performing their task of defending or representing that client in, or concerning judicial proceedings, including advice on instituting or avoiding proceedings, whether such information is received or obtained before, during or after such proceedings."6. Article 7 shall be replaced by the following: "Article 7Member States shall ensure that the institutions and persons subject to this Directive refrain from carrying out transactions which they know or suspect to be related to money laundering until they have apprised the authorities referred to in Article 6. Those authorities may, under conditions determined by their national legislation, give instructions not to execute the operation. Where such a transaction is suspected of giving rise to money laundering and where to refrain in such manner is impossible or is likely to frustrate efforts to pursue the beneficiaries of a suspected money-laundering operation, the institutions and persons concerned shall apprise the authorities immediately afterwards."7. The current text becomes paragraph 1 and the following shall be added to Article 8: "2. Member States shall not be obliged under this Directive to apply the obligation laid down in paragraph 1 to the professions mentioned in the second paragraph of Article 6(3)."8. Article 9 shall be replaced by the following: "Article 9The disclosure in good faith to the authorities responsible for combating money laundering by an institution or person subject to this Directive or by an employee or director of such an institution or person of the information referred to in Articles 6 and 7 shall not constitute a breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and shall not involve the institution or person or its directors or employees in liability of any kind."9. The following paragraph shall be added to Article 10 "Member States shall ensure that supervisory bodies empowered by law or regulation to oversee the stock, foreign exchange and financial derivatives markets inform the authorities responsible for combating money laundering if they discover facts that could constitute evidence of money laundering."10. Article 11 shall be replaced by the following: "Article 111. Member States shall ensure that the institutions and persons subject to this Directive:(a) establish adequate procedures of internal control and communication in order to forestall and prevent operations related to money laundering;(b) take appropriate measures so that their employees are aware of the provisions contained in this Directive. These measures shall include participation of their relevant employees in special training programmes to help them recognise operations which may be related to money laundering as well as to instruct them as to how to proceed in such cases.Where a natural person falling within any of Article 2a(3) to (7) undertakes his professional activities as an employee of a legal person, the obligations in this Article shall apply to that legal person rather than to the natural person.2. Member States shall ensure that the institutions and persons subject to this Directive have access to up-to-date information on the practices of money launderers and on indications leading to the recognition of suspicious transactions."11. In Article 12 the words "credit or financial institutions referred to in Article 1" shall be replaced by "institutions and persons referred to in Article 2a."Article 2Within three years of the entry into force of this Directive, the Commission shall carry out a particular examination, in the context of the report provided for in Article 17 of Directive 91/308/EEC, of aspects relating to the implementation of the fifth indent of Article 1(E), the specific treatment of lawyers and other independent legal professionals, the identification of clients in non-face to face transactions and possible implications for electronic commerce.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 June 2003 at the latest. They shall forthwith inform the Commission thereof.Where Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 4 December 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentD. Reynders(1) OJ C 177 E, 27.6.2000, p. 14.(2) OJ C 75, 15.3.2000, p. 22.(3) Opinion of the European Parliament of 5 July 2000 (OJ C 121, 24.4.2001, p. 133), Council Common Position of 30 November 2000 (OJ C 36, 2.2.2001, p. 24) and Decision of the European Parliament of 5 April 2001 (not yet published in the Official Journal). Decision of the European Parliament of 13 November 2001 and Decision of the Council of 19 November 2001.(4) OJ L 166, 28.6.1991, p. 77.(5) OJ L 141, 11.6.1993, p. 27. Directive as last amended by Directive 97/9/EC of the European Parliament and of the Council (OJ L 84, 26.3.1997, p. 22).(6) OJ L 333, 9.12.1998, p. 1.(7) OJ C 251, 15.8.1997, p. 1.(8) OJ L 351, 29.12.1998, p. 1.(9) OJ L 126, 26.5.2000, p. 1. Directive as amended by Directive 2000/28/EC (OJ L 275, 27.10.2000, p. 37).(10) OJ L 63, 13.3.1979, p. 1. Directive as last amended by Directive 95/26/EC of the European Parliament and of the Council (OJ L 168, 18.7.1995, p. 7).(11) OJ L 141, 11.6.1993, p. 27. Directive as last amended by Directive 97/9/EC of the European Parliament and of the Council (OJ L 84, 26.3.1997, p. 22).(12) OJ L 351, 29.12.1998, p. 1.(13) OJ C 316, 27.11.1995, p. 48.(14) OJ L 360, 9.12.1992, p. 1. Directive as last amended by Directive 2000/64/EC of the European Parliament and of the Council (OJ L 290, 17.11.2000, p. 27.)Commission DeclarationThe Commission reiterates the commitment made in its work programme 2001 to launch a proposal before the end of this year for a Regulation of the European Parliament and of the Council establishing a cooperation mechanism between the competent national authorities of the Member States and the Commission in order to ensure the protection of the Communities' financial interests against illegal activities, including Value Added Tax (VAT) fraud and money laundering. This commitment has been confirmed in the Communication from the Commission concerning the Action Plan for 2001-2003 on protecting the Communities' financial interests - Fight against fraud - of 15 May 2001(1).(1) COM(2001) 254 final: see paragraph 2.2.1.


title: Directive 2008/32/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, as regards the implementing powers conferred on the Commission

text:
               20.3.2008

               EN

               Official Journal of the European Union

               L 81/60

      DIRECTIVE 2008/32/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2008
   amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, as regards the implementing powers conferred on the Commission
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Directive 2000/60/EC of the European Parliament and of the Council (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

               (2)

               Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

               (3)

               In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

               (4)

               The Commission should be empowered to establish technical specifications and standardised methods and to adapt certain annexes. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2000/60/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (5)

               Since the Commission has established a register of sites to form the intercalibration network referred to in section 1.4.1 of Annex V to Directive 2000/60/EC by means of Decision 2005/646/EC (6), it is appropriate to delete the references to expired deadlines.

               (6)

               Directive 2000/60/EC should therefore be amended accordingly.

               (7)

               Since the amendments made to Directive 2000/60/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   Directive 2000/60/EC is hereby amended as follows:

               1.

               Article 8(3) shall be replaced by the following:
               ‘3.   Technical specifications and standardised methods for analysis and monitoring of water status shall be laid down. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).’;

               2.

               Article 20 shall be replaced by the following:
               ‘Article 20
               Technical adaptations to the Directive
               1.   Annexes I, III and section 1.3.6 of Annex V may be adapted to scientific and technical progress taking account of the periods for review and updating of the river basin management plans as referred to in Article 13. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).
               Where necessary, the Commission may adopt guidelines on the implementation of Annexes II and V in accordance with the regulatory procedure referred to in Article 21(2).
               2.   For the purpose of transmission and processing of data, including statistical and cartographic data, technical formats for the purpose of paragraph 1 may be adopted in accordance with the regulatory procedure referred to in Article 21(2).’;

               3.

               Article 21 shall be replaced by the following:
               ‘Article 21
               Committee procedure
               1.   The Commission shall be assisted by a committee.
               2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
               The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
               3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;

               4.

               Section 1.4.1 of Annex V shall be amended as follows:

                           (a)

                           point (vii) shall be replaced by the following:

                                       ‘(vii)

                                       The Commission shall prepare a draft register of sites to form the intercalibration network. The final register of sites shall be established in accordance with the regulatory procedure referred to in Article 21(2).’;

                           (b)

                           point (ix) shall be replaced by the following:

                                       ‘(ix)

                                       The results of the intercalibration exercise and the values established for the Member State monitoring system classifications in accordance with points (i) to (viii) and designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3) and published within six months of the completion of the intercalibration exercise.’

         Article 2
   Entry into force
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 3
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 161, 13.7.2007, p. 45.

      (2)  Opinion of the European Parliament of 11 July 2007 (not yet published in the Official Journal) and Council Decision of 3 March 2008.

      (3)  OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC of the European Parliament and of the Council (OJ L 331, 15.12.2001, p. 1).

      (4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (5)  OJ C 255, 21.10.2006, p. 1.

      (6)  Commission Decision 2005/646/EC of 17 August 2005 on the establishment of a register of sites to form the intercalibration network in accordance with Directive 2000/60/EC (OJ L 243, 19.9.2005, p. 1).