title: Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC  Text with EEA relevance

text:
               29.10.2010

               EN

               Official Journal of the European Union

               L 283/1

         DIRECTIVE 2010/65/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 20 October 2010
   on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the ordinary legislative procedure (3),
   Whereas:

               (1)

               Directive 2002/6/EC of the European Parliament and of the Council of 18 February 2002 on reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community (4) requires Member States to accept certain standardised forms (FAL forms) in order to facilitate traffic, as defined by the International Maritime Organisation (IMO) Convention on Facilitation of International Maritime Traffic (FAL Convention), adopted on 9 April 1965, as amended.

               (2)

               For the facilitation of maritime transport and in order to reduce the administrative burdens for shipping companies, the reporting formalities required by legal acts of the Union and by Member States need to be simplified and harmonised to the greatest extent possible. However, this Directive should be without prejudice to the nature and content of the information required, and should not introduce any additional reporting requirements for ships not already under such obligation according to legislation applicable in Member States. It should deal solely with how the information procedures can be simplified and harmonised, and how the information could be gathered more effectively.

               (3)

               The transmission of data required upon arrival in and/or departure from ports under Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (5), Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (6), Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (7), Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (8), and, where appropriate, the International Maritime Dangerous Goods Code adopted in 1965, with the amendments thereto adopted and having entered into force, covers the information required by FAL forms. Therefore, where that information corresponds to the requirements in the above-mentioned legal acts, FAL forms should be accepted for providing it.

               (4)

               In view of the global dimension of maritime transport, legal acts of the Union must take account of IMO requirements if simplification is to take place.

               (5)

               Member States should deepen the cooperation between the competent authorities, such as their customs, border control, public health and transport authorities in order to continue to simplify and harmonise reporting formalities within the Union and make the most efficient use of electronic data transmission and information exchange systems, with a view to the, as far as possible, simultaneous elimination of barriers to maritime transport and the achievement of a European maritime transport space without barriers.

               (6)

               Detailed statistics on maritime transport should be available to assess the efficiency of and the need for policy measures aiming at facilitating maritime traffic within the Union, taking into account the need not to create unnecessary additional requirements with regard to the collection of statistics by the Member States and to make full use of Eurostat. For the purposes of this Directive, it would be important to collect relevant data concerning ship traffic within the Union and/or ships calling at third country ports or in free zones.

               (7)

               It should be easier for shipping companies to benefit from the status of ‘authorised regular shipping service’ in line with the objective of the Commission communication of 21 January 2009 entitled ‘Communication and action plan with a view to establishing a European maritime transport space without barriers’.

               (8)

               Widespread use should be made of electronic means of data transmission for all reporting formalities as soon as possible and by 1 June 2015 at the latest, building on the international standards developed by the FAL Convention, whenever practicable. In order to streamline and accelerate the transmission of potentially very large amounts of information, electronic formats for reporting formalities should be used, whenever practicable. Within the Union, the provision of information in FAL forms in paper format should be the exception and should be accepted only for a limited period of time. Member States are encouraged to use administrative means, including economic incentives, to promote the use of electronic formats. For the above-mentioned reasons exchange of information between the competent authorities of the Member States should take place electronically. In order to facilitate such a development, electronic systems need to be technically interoperable to a greater extent and as far as possible by the same deadline to ensure the smooth functioning of the European maritime transport space without barriers.

               (9)

               Parties involved in trade and transport should be able to lodge standardised information and documents via an electronic single window to fulfil reporting formalities. Individual data elements should only be submitted once.

               (10)

               The SafeSeaNet systems established at national and Union level should facilitate the reception, exchange and distribution of information between the information systems of Member States on maritime activity. To facilitate maritime transport and to reduce the administrative burdens for maritime transport, the SafeSeaNet system should be interoperable with other systems of the Union for reporting formalities. The SafeSeaNet system should be used for additional exchange of information for the facilitation of maritime transport. Reporting formalities regarding information for solely national purposes should not need to be introduced in the SafeSeaNet system.

               (11)

               When adopting new Union measures, it should be ensured that Member States can maintain the electronic transmission of data and are not required to use paper formats.

               (12)

               The full benefits of electronic data transmission can only be achieved where there is smooth and effective communication between SafeSeaNet, e-Customs and the electronic systems for entering or calling up data. To that end, in order to limit the administrative burdens, recourse should be had in the first instance to the applicable standards.

               (13)

               FAL forms are regularly updated. This Directive should therefore refer to the version of these forms that is currently in force. Any information required by Member States’ legislation which goes beyond the requirements of the FAL Convention should be communicated in a format to be developed on the basis of FAL Convention standards.

               (14)

               This Directive should not affect Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (9), Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (10), Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (11), or national legislation in the area of border control for those Member States which do not apply the Schengen border control acquis, and Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (12).

               (15)

               In the interest of making the electronic transmission of information standard and for the facilitation of maritime transport, Member States should extend the use of electronic means of transmitting data according to an adequate timetable, and should, in cooperation with the Commission, discuss the possibility of harmonising the use of electronic means of transmitting data. To this end, consideration should be given to the work of the High Level Steering Group for the SafeSeaNet system as regards the SafeSeaNet road map, when adopted, and to the concrete funding requirements and respective allocation of Union financial means for the development of electronic transmission of data.

               (16)

               Ships operating between ports situated in the customs territory of the Union should be exempt from the obligation to send the information referred to in the FAL forms, where the ships do not come from, call at or are headed towards a port situated outside that territory or a free zone subject to type I controls within the meaning of customs legislation, without prejudice to the applicable legal acts of the Union and the information Member States may request in order to protect internal order and security and to enforce customs, fiscal, immigration, environmental or sanitary laws.

               (17)

               Exemptions from administrative formalities should also be permitted on the basis of the ship’s cargo, not merely on the basis of its destination and/or place of departure. This is necessary to ensure that additional formalities for ships that have called at a port in a third country or a free zone are minimised. The Commission should examine this issue within the framework of the report to the European Parliament and the Council on the functioning of this Directive.

               (18)

               A new temporary form should be introduced in order to harmonise the information required for the prior Declaration of Security provided for by Regulation (EC) No 725/2004.

               (19)

               National language requirements are often an obstacle to the development of the coastal shipping network. The Member States should make all possible efforts to facilitate written and oral communication in maritime traffic between Member States, in accordance with international practice, with a view to finding common means of communication.

               (20)

               The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of the Annex to this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

               (21)

               The various legal acts of the Union requiring, for example, pre-notification formalities at the entry into ports, such as Directive 2009/16/EC, may impose different time limits for the accomplishment of these pre-notification formalities. The Commission should examine the possibility of shortening and harmonising these time-limits, taking advantage of ongoing progress in electronic data processing in the framework of the report to the European Parliament and the Council on the functioning of this Directive which should contain, if appropriate, a legislative proposal.

               (22)

               Within the framework of the report to the European Parliament and the Council on the functioning of this Directive, the Commission should consider how far the purpose of this Directive, namely the simplification of administrative formalities for ships arriving in and/or departing from ports of the Member States, should be extended to the areas inland of those ports, particularly to river transport, with a view to the quicker and smoother movement of maritime traffic inland and a lasting solution to congestion in and around seaports.

               (23)

               Since the objectives of this Directive, in particular to facilitate maritime transport in a harmonised way across the Union, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Union level, the Union may take measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

               (24)

               According to the case-law of the Court of Justice of the European Union, where transposition of a directive is pointless for reasons of geography, this transposition is not mandatory. Therefore, requirements foreseen in this Directive are not relevant for Member States which do not have any ports at which ships falling under the scope of this Directive normally can call.

               (25)

               The measures stipulated in this Directive help achieve the objectives of the Lisbon Agenda.

               (26)

               Access to SafeSeaNet and to other electronic systems should be regulated in order to protect commercial and confidential information and without prejudice to the applicable law on the protection of commercial data and, in respect of personal data, Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (13) and to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (14). The Member States and the Union institutions and bodies should pay particular attention to the need to protect commercial and confidential information through appropriate access control systems.

               (27)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (15), Member States are encouraged to draw up, for themselves and in the interest of the Union, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public.

               (28)

               In the interest of clarity, Directive 2002/6/EC should be replaced by this Directive,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter and scope
   1.   The purpose of this Directive is to simplify and harmonise the administrative procedures applied to maritime transport by making the electronic transmission of information standard and by rationalising reporting formalities.
   2.   This Directive shall apply to the reporting formalities applicable to maritime transport for ships arriving in and ships departing from ports situated in Member States.
   3.   This Directive shall not apply to ships exempted from reporting formalities.
   Article 2
   Definitions
   For the purposes of this Directive, the following definitions shall apply:

               (a)

               ‘reporting formalities’ means the information set out in the Annex which, in accordance with the legislation applicable in a Member State, must be provided for administrative and procedural purposes when a ship arrives in or departs from a port in that Member State;

               (b)

               ‘FAL Convention’ means the IMO Convention on Facilitation of International Maritime Traffic, adopted on 9 April 1965, as amended;

               (c)

               ‘FAL forms’ means the standardised forms, as provided for in the FAL Convention;

               (d)

               ‘ship’ means any seagoing vessel or craft;

               (e)

               ‘SafeSeaNet’ means the Union maritime information exchange system as defined in Directive 2002/59/EC;

               (f)

               ‘electronic transmission of data’ means the process of transmitting information that has been encoded digitally, using a revisable structured format which can be used directly for storage and processing by computers.

         Article 3
   Harmonisation and coordination of reporting formalities
   1.   Each Member State shall take measures to ensure that the reporting formalities are requested in a harmonised and coordinated manner within that Member State.
   2.   The Commission shall, in cooperation with the Member States, develop mechanisms for the harmonisation and coordination of reporting formalities within the Union.
   Article 4
   Notification prior to arrival into ports
   Subject to specific provisions on notification provided for in the applicable legal acts of the Union or under international legal instruments applicable to maritime transport and binding on the Member States, including provisions on control of persons and goods, Member States shall ensure that the master or any other person duly authorised by the operator of the ship provides notification, prior to arriving in a port situated in a Member State, of the information required under the reporting formalities to the competent authority designated by that Member State:

               (a)

               at least 24 hours in advance; or

               (b)

               at the latest, at the time the ship leaves the previous port, if the voyage time is less than 24 hours; or

               (c)

               if the port of call is not known or it is changed during the voyage, as soon as this information is available.

         Article 5
   Electronic transmission of data
   1.   Member States shall accept the fulfilment of reporting formalities in electronic format and their transmission via a single window as soon as possible and in any case no later than 1 June 2015.
   This single window, linking SafeSeaNet, e-Customs and other electronic systems, shall be the place where, in accordance with this Directive, all information is reported once and made available to various competent authorities and the Member States.
   2.   Without prejudice to the relevant format set out in the FAL Convention, the format referred to in paragraph 1 shall comply with Article 6.
   3.   Where reporting formalities are required by legal acts of the Union and to the extent necessary for the good functioning of the single window established pursuant to paragraph 1, the electronic systems referred to in paragraph 1 must be interoperable, accessible and compatible with the SafeSeaNet system established in accordance with Directive 2002/59/EC and, where applicable, with the computer systems stipulated in Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade (16).
   4.   Without prejudice to specific provisions on customs and border control set out in Regulation (EEC) No 2913/92 and Regulation (EC) No 562/2006, Member States shall consult economic operators and inform the Commission of progress made using the methods stipulated in Decision No 70/2008/EC.
   Article 6
   Exchange of data
   1.   Member States shall ensure that information received in accordance with the reporting formalities provided in a legal act of the Union is made available in their national SafeSeaNet systems and shall make relevant parts of such information available to other Member States via the SafeSeaNet system. Unless otherwise provided by a Member State, this shall not apply to information received pursuant to Regulation (EEC) No 2913/92, Regulation (EEC) No 2454/93, Regulation (EC) No 562/2006 and Regulation (EC) No 450/2008.
   2.   Member States shall ensure that the information received in accordance with paragraph 1 is accessible, upon request, to the relevant national authorities.
   3.   The underlying digital format of the messages to be used within national SafeSeaNet systems in accordance with paragraph 1 shall be established in accordance with Article 22a of Directive 2002/59/EC.
   4.   Member States may provide relevant access to the information referred to in paragraph 1 either through a national single window via an electronic data exchange system or through the national SafeSeaNet systems.
   Article 7
   Information in FAL forms
   Member States shall accept FAL forms for the fulfilment of reporting formalities. Member States may accept that information required in accordance with a legal act of the Union is provided in a paper format until 1 June 2015 only.
   Article 8
   Confidentiality
   1.   Member States shall, in accordance with the applicable legal acts of the Union or national legislation, take the necessary measures to ensure the confidentiality of commercial and other confidential information exchanged in accordance with this Directive.
   2.   Member States shall take particular care to protect commercial data collected under this Directive. In respect of personal data, Member States shall ensure that they comply with Directive 95/46/EC. The Union institutions and bodies shall ensure that they comply with Regulation (EC) No 45/2001.
   Article 9
   Exemptions
   Member States shall ensure that ships falling within the scope of Directive 2002/59/EC and operating between ports situated in the customs territory of the Union, but which do not come from, call at or are headed towards a port situated outside that territory or a free zone subject to type I controls under customs legislation, are exempt from the obligation to send the information referred to in the FAL forms, without prejudice to the applicable legal acts of the Union and the possibility that Member States may request information in the FAL forms referred to in points 1 to 6 of Part B of the Annex to this Directive which is necessary to protect internal order and security and to enforce customs, fiscal, immigration, environmental or sanitary laws.
   Article 10
   Amendment procedure
   1.   The Commission may adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, as regards the Annex to this Directive, so as to ensure that account is taken of any relevant changes to the FAL forms introduced by the IMO. These amendments shall not have the effect of widening the scope of this Directive.
   2.   For the delegated acts referred to in this Article, the procedures set out in Articles 11, 12 and 13 shall apply.
   Article 11
   Exercise of the delegation
   1.   The power to adopt the delegated acts referred to in Article 10 shall be conferred on the Commission for a period of 5 years from 18 November 2010. The Commission shall make a report in respect of the delegated powers at the latest 6 months before the end of the 5-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 12.
   2.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
   3.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 12 and 13.
   Article 12
   Revocation of the delegation
   1.   The delegation of powers referred to in Article 10 may be revoked by the European Parliament or by the Council at any time.
   2.   The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.
   3.   The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
   Article 13
   Objections to delegated acts
   1.   The European Parliament or the Council may object to a delegated act within a period of 2 months from the date of notification.
   At the initiative of the European Parliament or the Council that period shall be extended by 2 months.
   2.   Where, on expiry of the initial 2-month period or, if applicable, the extended period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and enter into force on the date stated therein.
   The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of the initial 2-month period or, if applicable, the extended period where the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
   3.   Where the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
   Article 14
   Transposition
   1.   Member States shall adopt and publish, by 19 May 2012 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 19 May 2012.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 15
   Report
   The Commission shall report to the European Parliament and the Council, by 19 November 2013, on the functioning of this Directive, including on the:

               (a)

               possibility of extending the simplification introduced by this Directive to cover inland waterway transport;

               (b)

               compatibility of the River Information Services with the electronic data transmission process referred to in this Directive;

               (c)

               progress towards harmonisation and coordination of reporting formalities that has been achieved under Article 3;

               (d)

               feasibility of avoiding or simplifying formalities for ships that have called at a port in a third country or free zone;

               (e)

               available data concerning ship traffic/movement within the Union, and/or calling at third country ports or in free zones.

         The report shall, if appropriate, be accompanied by a legislative proposal.
   Article 16
   Repeal of Directive 2002/6/EC
   Directive 2002/6/EC shall be repealed as of 19 May 2012. Any references to the repealed Directive shall be construed as references to this Directive.
   Article 17
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 20 October 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 128, 18.5.2010, p. 131.

      (2)  OJ C 211, 4.9.2009, p. 65.

      (3)  Position of the European Parliament of 6 July 2010 (not yet published in the Official Journal) and decision of the Council of 12 October 2010.

      (4)  OJ L 67, 9.3.2002, p. 31.

      (5)  OJ L 332, 28.12.2000, p. 81.

      (6)  OJ L 208, 5.8.2002, p. 10.

      (7)  OJ L 129, 29.4.2004, p. 6.

      (8)  OJ L 131, 28.5.2009, p. 57.

      (9)  OJ L 302, 19.10.1992, p. 1.

      (10)  OJ L 253, 11.10.1993, p. 1.

      (11)  OJ L 105, 13.4.2006, p. 1.

      (12)  OJ L 145, 4.6.2008, p. 1.

      (13)  OJ L 281, 23.11.1995, p. 31.

      (14)  OJ L 8, 12.1.2001, p. 1.

      (15)  OJ C 321, 31.12.2003, p. 1.

      (16)  OJ L 23, 26.1.2008, p. 21.

      ANNEX

         LIST OF REPORTING FORMALITIES REFERRED TO IN THIS DIRECTIVE

      A.   Reporting formalities resulting from legal acts of the Union

      This category of reporting formalities includes the information which shall be provided in accordance with the following provisions:

                  1.

                  Notification for ships arriving in and departing from ports of the Member States
                  Article 4 of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (OJ L 208, 5.8.2002, p. 10).

                  2.

                  Border checks on persons
                  Article 7 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).

                  3.

                  Notification of dangerous or polluting goods carried on board
                  Article 13 of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system.

                  4.

                  Notification of waste and residues
                  Article 6 of Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ L 332, 28.12.2000, p. 81).

                  5.

                  Notification of security information
                  Article 6 of Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (OJ L 129, 29.4.2004, p. 6).
                  Until the adoption of a harmonised form at international level, the form set out in the Appendix to this Annex shall be used for the transmission of information required under Article 6 of Regulation (EC) No 725/2004. The form can be transmitted electronically.

                  6.

                  Entry summary declaration
                  Article 36a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1) and Article 87 of Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).

            B.   FAL forms and formalities resulting from international legal instruments

      This category of reporting formalities includes the information which shall be provided in accordance with the FAL Convention and other relevant international legal instruments.

                  1.

                  FAL form 1: General Declaration

                  2.

                  FAL form 2: Cargo Declaration

                  3.

                  FAL form 3: Ship’s Stores Declaration

                  4.

                  FAL form 4: Crew’s Effects Declaration

                  5.

                  FAL form 5: Crew List

                  6.

                  FAL form 6: Passenger List

                  7.

                  FAL form 7: Dangerous Goods

                  8.

                  Maritime Declaration of Health

            C.   Any relevant national legislation

      Member States may include in this category the information which shall be provided in accordance with their national legislation. Such information shall be transmitted by electronic means.

         Appendix
         SHIP PRE-ARRIVAL SECURITY INFORMATION FORM FOR ALL SHIPS PRIOR TO ENTRY INTO THE PORT OF AN EU MEMBER STATE
         (1974 International Convention for the Safety of Life at Sea (SOLAS) Regulation 9 of Chapter XI-2 and Article 6(3) of Regulation (EC) No 725/2004)

                     Particulars of the ship and contact details

                     IMO number

                     Name of ship

                     Port of registry

                     Flag State

                     Type of ship

                     Call sign

                     Gross tonnage

                     Inmarsat call numbers (if available)

                     Name of company and company identification number

                     CSO name and 24 hour contact details

                     Port of arrival

                     Port facility of arrival (if known)

                     Port and port facility information

                     Expected date and time of arrival of the ship in port (ETA)

                     Primary purpose of call

                     Information required by SOLAS Regulation 9.2.1 of Chapter XI-2

                     Does the ship have a valid International Ship Security Certificate (ISSC)?

                     YES

                     ISSC

                     NO — why not?

                     Issued by (name of Administration or RSO)

                     Expiry date (dd/mm/yyyy)

                     Does the ship have an approved SSP on board?

                     YES

                     NO

                     Security level at which the ship is currently operating?

                     Security Level 1

                     Security Level 2

                     Security Level 3

                     Location of ship at the time this report is made

                     List the last 10 calls at port facilities in chronological order (most recent call first):

                     No

                     Date from (dd/mm/yyyy)

                     Date to (dd/mm/yyyy)

                     Port

                     Country

                     UN/LOCODE
                     (if available)

                     Port facility

                     Security level

                     1

                     SL =

                     2

                     SL =

                     3

                     SL =

                     4

                     SL =

                     5

                     SL =

                     6

                     SL =

                     7

                     SL =

                     8

                     SL =

                     9

                     SL =

                     10

                     SL =

                     Did the ship take any special or additional security measures, beyond those in the approved SSP?
                     If the answer is YES, indicate below the special or additional security measures taken by the ship.

                     YES

                     NO

                     No
                     (as above)

                     Special or additional security measures taken by the ship

                     1

                     2

                     3

                     4

                     5

                     6

                     7

                     8

                     9

                     10

                     List the ship-to-ship activities, in chronological order (most recent first), which were carried out during the last 10 calls at port facilities listed above. Expand table below or continue on separate page if necessary — insert total number of ship-to-ship activities:

                     Were the ship security procedures specified in the approved SSP maintained during each of these ship-to-ship activities?
                     If NO, provide details of the security measures applied in lieu in the final column below.

                     YES

                     NO

                     No

                     Date from (dd/mm/yyyy)

                     Date to (dd/mm/yyyy)

                     Location or longitude and latitude

                     Ship-to-ship activity

                     Security measures applied in lieu

                     1

                     2

                     3

                     4

                     5

                     6

                     7

                     8

                     9

                     10

                     General description of the cargo aboard the ship

                     Is the ship carrying any dangerous substances as cargo covered by any of Classes 1, 2.1, 2.3, 3, 4.1, 5.1, 6.1, 6.2, 7 or 8 of the IMDG Code?

                     YES

                     NO

                     If YES, confirm Dangerous Goods Manifest (or relevant extract) is attached

                     Confirm a copy of the ship’s crew list is attached

                     YES

                     Confirm a copy of the ship’s passenger list is attached

                     YES

                     Other security-related information

                     Is there any security-related matter you wish to report?

                     YES

                     Provide details:

                     NO

                     Agent of ship at intended port of arrival

                     Name:

                     Contact details (Tel. No):

                     Identification of person providing the information

                     Title or Position (delete as appropriate):
                     Master/SSO/CSO/Ship’s agent (as above)

                     Name:

                     Signature:

                     Date/time/place of completion of report


Avis juridique important

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31989L0617

Council Directive 89/617/EEC of 27 November 1989 amending Directive 80/181/EEC on the approximation of the laws of the Member States relating to units of measurement

Official Journal L 357 , 07/12/1989 P. 0028 - 0030 Finnish special edition: Chapter 13 Volume 19 P. 0118  Swedish special edition: Chapter 13 Volume 19 P. 0118

*****COUNCIL  DIRECTIVE  of 27 November 1989  amending Directive 80/181/EEC on the approximation of the laws of the Member States relating to units of measurement  (89/617/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a 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 Directive 80/181/EEC (4), as amended by Directive 85/1/EEC (5), provides for a definitive date to be fixed for the use of the legal imperial units of measurement listed in Chapter III of the Annex thereto; whereas, for some imperial units and for specific uses, it has appeared necessary to allow the Member States concerned to fix the appropriate date until which those units are legal units of measurement;  Whereas Article 3 (5) of Directive 80/181/EEC allows new final dates to be set for the use of supplementary indications,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 80/181/EEC is hereby amended as follows:  1. In Article 1, points (b) and (c) shall be replaced by the following:  '(b) those listed in Chapter II of the Annex only in those Member States where they were authorized on 21 April 1973 and until a date to be fixed by those States;  (c) those listed in Chapter III of the Annex only in those Member States where they were authorized on 21 April 1973 and until a date to be fixed by those States. This date may not be later than 31 December 1994;  (d) those listed in Chapter IV of the Annex only in those Member States where they were authorized on 21 April 1973 and until a date to be fixed by those States. This date may not be later than 31 December 1999.'  2. In Article 3:  - in paragraph 2, '31 December 1989' shall be replaced by '31 December 1999';  - paragraph 5 shall be deleted.  3. In Article 5, '1 March 1974' shall be replaced by '15 May 1983'.  4. In Article 6 the second subparagraph shall be deleted.  5. The Annex shall be amended as follows:  (1) OJ No C 31, 7. 2. 1989, p. 7.  (2) OJ No C 120, 16. 5. 1989, p. 73;  OJ No C 291, 20. 11. 1989.  (3) OJ No C 159, 26. 6. 1989, p. 3.  (4) OJ No L 39, 15. 2. 1980, p. 40.  (5) OJ No L 2, 3. 1. 1985, p. 11.  (a) Chapter II shall be replaced by the following:  'CHAPTER II  LEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE 1 (b), PERMITTED FOR SPECIFIC USES ONLY  1.2,5 //  //  // Field of application   // Unit 1.2.3.4 //  // Name   // Approximate value  // Symbol   //  //   //   //  1.2.3.4.5 // Road traffic signs, distance and speed measurement   // mile yard foot inch   // 1 mile = 1 yd = 1 ft = 1 in =  // 1 609 m 0,9144 m 0,3048 m 2,54 × 10-2m  // mile yd ft in   // Dispense of draught beer and cider; milk in returnable containers   // pint   // 1 pt =   // 0,5683 × 10-3m3   // pt   // Land registration   // acre   // 1 ac =  // 4 047 m2   // ac   // Transaction in precious metals  // troy ounce   // 1 oz tr =   // 31,10 × 10-3 kg   // oz tr  //    //   //   //   //  Until the date to be fixed under Article 1 (b), the units listed in this Chapter may be combined with each other or whith those in Chapter I to form compound units.'  (b) the unit 'fathom' shall be deleted from Chapter III.  (c) The following Chapter shall be added:  CHAPTER IV  LEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE I (d), PERMITTED IN SPECIALIZED FIELDS ONLY  1.2,5 //  //  // Field of application   // Unit 1.2.3.4 //  // Name   // Approximate value  // Symbol   //  //   //   //  1.2.3.4.5 // Marine navigation   // fathom  // 1 fm =   // 1,829 m   // fm   // Beer, cider, waters, lemonades and fruit juices in returnable containers   // pint fluid ounce   // 1 pt = 1 fl oz =   // 0,5683 × 10-3m3 28,41 × 10-6m3   // pt fl. oz   // Spirit drinks   // gill   // 1 gill =   // 0,142 × 10-3m3   // gill   // Goods sold loose in bulk  // ounce (avoir dupois) pound   // 1 oz = 1 lb=   // 28,35 × 10-3 kg 0,4536 kg   // oz lb   // Gas supply   // therm   // 1 therm =   // 105,506 × 106J   // therm   //    //   //   //  //  Until the date to be fixed under Article 1 (d), the units listed in this Chapter may be combined with each other or with those in Chapter I to form compound units.'  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 24 months of its notification at the latest (1).  The shall forthwith inform the Commission thereof.  Article 3  Notwithstanding Directive 80/181/EEC, Member States shall, after 31 December 1989, authorize or continue to permit the use of the supplementary indications referred to in Article 3 of that Directive.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 27 November 1989.  For the Council  The President  R. DUMAS  (1) This Directive was notified to Member States on 30 November 1989.


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31985L0536

Council Directive 85/536/EEC of 5 December 1985 on crude-oil savings through the use of substitute fuel components in petrol

Official Journal L 334 , 12/12/1985 P. 0020 - 0022 Spanish special edition: Chapter 12 Volume 5 P. 0014  Portuguese special edition Chapter 12 Volume 5 P. 0014  Finnish special edition: Chapter 12 Volume 2 P. 0073  Swedish special edition: Chapter 12 Volume 2 P. 0073

*****COUNCIL  DIRECTIVE  of 5 December 1985  on crude-oil savings through the use of substitute fuel components in petrol  (85/536/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, pursuant to Article 2 of the Treaty, the Community has as its task to promote throughout the Community a harmonious development of economic activities, a continuous and balanced expansion and an increase in stability;  Whereas, in the present energy situation, a reduction in the Community's dependence upon imported crude oil will contribute effectively to the attainment of these objectives;  Whereas the reduction and elimination of lead in petrol may be partly offset by the use of substitute fuel components in petrol and whereas such components may also help to reduce over-consumption of crude oil necessary in refining to produce lead-free petrol;  Whereas petrol used for the propulsion of vehicles powered by internal combustion spark-ignited engines is an important sector of oil consumption in the Community;  Whereas the use of crude oil to manufacture petrol for vehicles propelled by internal combustion spark-ignited engines can be reduced through blending hydrocarbon petrol with substitute fuel components;  Whereas the increasingly complex refining process and the creation of petro-chemical products require that such products be intended, as far as possible, for a proper use and whereas it is desirable to establish rules to that effect;  Whereas these substitute fuel components can be produced from raw materials other than crude oil both inside and outside the Community, thereby broadening the raw materials base for the production of fuels for use in internal combustion spark-ignited engines;  Whereas the distribution and use of petrol blended with substitute fuel components as defined by this Directive require no, or only minor, modifications to existing petrol distribution systems and no modification to existing vehicles propelled by internal combustion spark-ignited engines designed to operate on petrol;  Whereas the distribution and combustion of blends as defined by this Directive carries no safety, health or environmental risks significantly different from those of petrol currently sold for motor vehicles in the Community;  Whereas the objective of saving crude oil makes it desirable that no obstacles be placed in the way of the manufacture, distribution, sale and use of suitable blends for the propulsion of vehicles powered by internal combustion spark-ignited engines;  Whereas cross-border traffic requires that motorists be offered suitable fuels for their motor vehicles everywhere in the Community and that potential users be able to  distinguish between fuels covered by this Directive and others which can be used only in specifically designed or adapted vehicles;  Whereas scientific and technical developments may make it appropriate to modify the Annex to this Directive; whereas a procedure should be set up so that such modifications may be made;  Whereas the Treaty has not provided the necessary powers other than those of Article 235,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Member States shall not prevent, restrict or discourage, on the grounds of oxygenate content, the production, marketing and free movement of blended petrol containing organic oxygenate compounds which comply with the Annex and which do not exceed the limits stipulated in column A of Section II of that Annex. Such blended fuels must be usable in complete safety and with similar performance to petrol used in vehicles propelled by internal combustion spark-ignited engines currently in use or being offered for sale without requiring any modification to such vehicles.  Article 2  For the purposes of this Directive, 'petrol' means any mixture consisting essentially of liquid hydrocarbons suitable for the operation of internal combustion spark-ignited engines.  Article 3  Pumps for the sale of motor fuels to the general public which dispense motor fuels containing organic oxygenate compounds in proportions higher than the limits set in column B of Section II of the Annex shall be very clearly marked accordingly to take account in particular of variations in the calorific value of such fuels.  Article 4  The Annex may be amended in accordance with the procedure laid down in Articles 5 and 6.  Article 5  1. A Committee on the Adaptation of the Annex to Scientific and Technical Progress, hereinafter referred to as the 'Committee', shall be established.  2. The Committee shall also be empowered to examine substitute fuel components not covered by this Directive but without having recourse to the pocedure set out in Article 6.  3. The Committee shall consist of representatives of the Member States, with a Commission representative as chairman. It shall be convened by the chairman, either on his own initiative or at the request of the representative of a Member State.  4. The Committee shall adopt its own rules of procedure.  Article 6  1. Where the procedure laid down in this Article is to be followed, the Chairman shall refer the matter to the Committee, either on his own initiative or at the request of the representative of a Member State.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by a majority of 45 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.  3. (a) The Commission shall adopt the intended measures when they are in accordance with the Committee's opinion;  (b) Where the intended measures are not in accordance with the opinion of the Committee, or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall act on a qualified majority.  If, on the expiry of three months from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately.  Article 7  1. Member States shall bring into force the laws, regulations and administrative provisions, including those referring to the test and measuring methods in the context of the Annex, necessary to comply with this Directive by 1 January 1988. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.  Article 8  This Directive is addressed to the Member States.  Done at Brussels, 5 December 1985.  For the Council  The President  J.-C. JUNCKER  (1) OJ No C 229, 2. 9. 1982, p. 4.  (2) OJ No C 96, 11. 4. 1983, p. 89.  (3) OJ No C 33, 7. 2. 1983, p. 1.  ANNEX  I. DEFINITIONS  Methanol, ethanol, iso-propyl alcohol (propan-2-o1), butyl alcohol (butan-1-ol), secondary butyl alcohol (butan-2-ol), tertiary butyl alcohol (TBA 2-methyl propan-2-ol), iso-butyl alcohol (2-methyl-1-propanol), other mono-alcohols with a final distillation point no higher than the final distillation point laid down in national specifications or, where these do not exist, in industrial specifications for motor fuels, and methyl tertiary butyl ether (MTBE tert-butoxymethane) and tertiary amyl-methyl ether (TAME 2-methoxy-2-methyl butane), ethyl tertiary butyl ether (ETBE 2-ethoxy-2-methyl propane) and other ethers (R1-O-R2) with a final distillation point no higher than the final distillation point laid down in national specifications or, where these do not exist, in industrial specifications for motor fuels, whose molecules containing five or more carbon atoms are currently acceptable organic oxygenates for use as substitute fuel components and/or stabilizing agents for motor fuel. Mixtures of these compounds are also acceptable.  The term 'stabilizing agents' refers to certain of the substances referred to in the first sub-paragraph added to assist in the prevention of phase separation of petrol/substitute fuel component blends.  II. COMPOSITION OF BLENDS  In accordance with Article 1, Member States must permit, for the proportions by volume of organic oxygenate compounds in fuel blends, those not exceeding limits indicated in column A.  Member States may authorize proportions of organic oxygenate compounds higher than those limits. The requirement for marking at the pumps prescribed by Article 3 applies to proportions of organic oxygenate compounds higher than the limits indicated in column B.  1.2.3 //  //  //  //  // A   // B   //    //   //  // Methanol, suitable stabilizing agents must be added (1)  // 3 % vol   // 3 % vol   // Ethanol, stabilizing agents may be necessary (1)   // 5 % vol   // 5 % vol   // Iso-propyl alcohol   // 5 % vol   // 10 % vol   // TBA   // 7 % vol   // 7 % vol   // Iso-butyl alcohol   // 7 % vol   // 10 % vol  // Ethers containing five or more carbon atoms per molecule (1)   // 10 % vol   // 15 % vol   // Other organic oxygenates defined in section 1   // 7 % vol   // 10 % vol   // Mixture of any organic oxygenates (2) defined in section 1   // 2,5 % oxygen weight, not exceeding the individual limits fixed above for each component  // 3,7 % oxygen weight, not exceeding the individual limits fixed above for each component   //  //  // (1) In accordance with national specifications or, where these do not exist, industrial specifications.  (2) Acetone is authorized up to 0,8 % by volume when it is present as a by-product of the manufacture of certain organic oxygenate compounds.  The use of components other than those specified in Section I as additives at concentrations below 0,5 % in total is not affected by this Directive.  III. REQUIREMENTS  Technical specifications for current motor fuels are defined at present in Member States by national standards or, where these do not exist, by industrial specifications.  Petrol blended with organic oxygenate compounds will have to conform with the technical specifications that apply to the types of fuels that the blends are intended to replace.  In addition, specifications relating to properties that are peculiar to blends of petrol and organic oxygenate compounds (for example, water tolerance, hygroscopicity, material compatibility and detrimental impurities, including organic acid content, copper content, etc.) will be considered and may be laid down for these blends by the appropriate standards organizations or, where these do not exist, by industrial organizations.


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31980L0777

Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters

Official Journal L 229 , 30/08/1980 P. 0001 - 0010 Finnish special edition: Chapter 13 Volume 10 P. 0226  Greek special edition: Chapter 13 Volume 9 P. 0132  Swedish special edition: Chapter 13 Volume 10 P. 0226  Spanish special edition: Chapter 13 Volume 11 P. 0047  Portuguese special edition Chapter 13 Volume 11 P. 0047

COUNCIL DIRECTIVE  of 15 July 1980  on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters  (80/777/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the laws of the Member States define natural mineral waters ; whereas differing definitions are adopted in this connection within the Community ; whereas these laws lay down the terms on which natural mineral waters are recognized as such and govern the conditions for exploiting the springs ; whereas they furthermore stipulate specific rules for marketing the waters in question;  Whereas the differences between these laws hinder the free movement of the natural mineral waters, creating disparate competitive situations, and consequently directly affect the establishing and functioning of the common market;  Whereas, in this particular case, the elimination of these barriers may be achieved both by an obligation on each Member State to allow the marketing in its territory of the natural mineral waters recognized as such by each of the other member States and by laying down common rules concerning in particular the microbiological requirements to be fulfilled and the conditions in which specific names must be used for certain of the mineral waters;  Whereas, pending the conclusion of agreements on mutual recognition of natural mineral waters between the Community and third countries, the terms should be laid down on which, until implementation of the said agreements, similar products imported from third countries may be allowed to enter the Community as natural mineral waters,  Whereas care should be taken to ensure that natural mineral waters retain at the marketing stage those characteristics which enabled them to be recognized as such ; whereas, therefore, the containers used for packaging them should have suitable closures;  Whereas, in respect of labelling, natural mineral waters are subject to the general rules laid down by Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of  (1)OJ No C 69, 11.6.1970, p. 14. (2)OJ No C 45, 10.5.1971, p. 5. (3)OJ No C 36, 19.4.1971, p. 14.  foodstuffs for sale to the ultimate consumer (1) ; whereas, accordingly, this Directive may be limited to laying down the additions and derogations which should be made to those general rules;  Whereas, in order to simplify and speed up the procedure, the Commission should be entrusted with the task of adopting technical implementing measures, and in particular defining the procedure for taking samples and the methods of analysis necessary to check the composition of natural mineral waters;  Whereas, in all cases in which the Council entrusts the Commission with responsibility for implementing rules laid down concerning foodstuffs intended for human consumption, provision should be made for a procedure establishing close cooperation between the Member States and the Commission within the Standing Committee for Foodstuffs, set up by Decision 69/414/EEC (2),  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive concerns waters extracted from the ground of a Member State and recognized by the responsible authority of that Member State as natural mineral waters satisfying the provisions of Annex I, Section I.  2. This Directive also concerns waters extracted from the ground of a third country, imported into the Community and recognized as natural mineral waters by the responsible authority of a Member State.  The waters referred to in the first subparagraph may be so recognized only if the responsible authority in the country of extraction has certified that they satisfy Annex I, Section I, and that regular checks are made on the application of the provisions of Annex II, paragraph 2.  The validity of the certification referred to in the second subparagraph may not exceed a period of two years. It shall not be necessary to repeat the recognition procedure referred to in the first subparagraph if the certification is renewed before the end of the said period.  3. This Directive shall not apply:    - to waters which are medicinal products within the meaning of Directive 65/65/EEC (3),       - to natural mineral waters used at source for curative purposes in thermal or hydromineral establishments.         4. The grounds for granting the recognition referred to in paragraphs 1 and 2, shall be stated in due form by the responsible authority of the Member State and shall be officially published.  5. Each Member State shall inform the Commission of the cases where the recognition referred to in paragraphs 1 and 2 has been granted or withdrawn. The list of natural mineral waters so recognized shall be published in the Official Journal of the European Communities.   Article 2 Member States shall take the measures necessary to ensure that only the waters referred to in Article 1 which comply with the provisions of this Directive may be marketed as natural mineral waters.   Article 3 Natural mineral water springs may be exploited and their waters bottled only in accordance with Annex II.   Article 4 1. Natural mineral water, in its state at source, may not be the subject of any treatment or addition other than:    (a) the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, possibly preceded by oxygenation, in so far as this treatment does not alter the composition of the water as regards the essential constituents which give it its properties;       (b) the total or partial elimination of free carbon dioxide by exclusively physical methods;       (c) the introduction or the reintroduction of carbon dioxide under the conditions laid down in Annex I, Section III;         2. In particular any disinfection treatment by whatever means and, subject to paragraph 1 (c), the addition of bacteriostatic elements or any other treatment likely to change the viable colony count of the natural mineral water shall be prohibited.  3. Paragraph 1 shall not constitute a bar to the utilization of natural mineral water in the manufacture of soft drinks.  (1)OJ No L 33, 8.2.1979, p. 1. (2)OJ No L 291, 19.11.1969, p. 9. (3)OJ No 22, 9.2.1965, p. 369/65.    Article 5 1. The revivable total colony count of a natural mineral water at source shall conform to its normal viable colony count and give satisfactory evidence of the protection of the source against all contamination. This total colony count shall be determined under the conditions laid down in Annex I, Section II, point 1.3.3.  After bottling, the total colony count at source may not exceed 100 per millilitre at 20 to 22 ºC in 72 hours on agar-agar or an agar-gelatine mixture and 20 per millilitre at 37 ºC in 24 hours on agar-agar. The total colony count shall be measured within the 12 hours following bottling, the water being maintained at 4 ºC ± 1 ºC during this 12-hour period.  At source, these values should not normally exceed 20 per millilitre at 20 to 22 ºC in 72 hours and 5 per millilitre at 37 ºC in 24 hours respectively, on the understanding that they are to be considered as guide figures and not as maximum permitted concentrations.  2. At source and during its marketing, a natural mineral water shall be free from:    (a) parasites and pathogenic micro-organisms;       (b) Escherichia coli and other coliforms and faecal streptococci in any 250 ml sample examined;       (c) sporulated sulphite-reducing anaerobes in any 50 ml sample examined;       (d) Pseudomonas aeruginosa in any 250 ml sample examined.         3. Without prejudice to paragraphs 1 and 2 and the conditions of exploitation laid down in Annex II, at the marketing stage:    - the revivable total colony count of a natural mineral water may only be that resulting from the normal increase in the bacteria content which it had at source,       - the natural mineral water may not contain any organoleptic defects.          Article 6 Any containers used for packaging natural mineral waters shall be fitted with closures designed to avoid any possibility of adulteration or contamination.   Article 7 1. The sales description of natural mineral waters shall be "natural mineral water" or, in the case of an effervescent natural mineral water as defined in Annex I, Section III, as appropriate, "naturally carbonated natural mineral water", "natural mineral water fortified with gas from the spring" or "carbonated natural mineral water".  The sales description of natural mineral waters which have undergone any of the treatments referred to in Article 4 (1) (b) shall have added to it as appropriate the indication "fully de-carbonated" or "partially de-carbonated".  2. Labels on natural mineral waters shall also give the following mandatory information:    (a)      - either the words : "composition in accordance with the results of the officially recognized analysis of ... (date of analysis)",           - or a statement of the analytical composition giving its characteristic constituents;                 (b) the place where the spring is exploited and the name of the spring.         3. Member States may also:    (a) retain the provisions which require the country of origin to be indicated, although this information cannot be demanded in the case of natural mineral waters from a spring in the territory of the Community;       (b) introduce provisions which require information on any treatments referred to in Article 4 (1) (a).          Article 8 1. The name of a locality, hamlet or place may occur in the wording of a trade description provided that it refers to a natural mineral water the spring of which is exploited at the place indicated by that description and provided that it is not misleading as regards the place of exploitation of the spring.  2. It shall be forbidden to market natural mineral water from one and the same spring under more than one trade description.  3. When the labels or inscriptions on the containers in which the natural mineral waters are offered for sale include a trade description different from the name of  the spring or the place of its exploitation, this place or the name of the spring shall be indicated in letters at least one and a half times the height and width of the largest of the letters used for that trade description.  The first subparagraph shall apply, mutatis mutandis and with the same intention as regards the importance attributed to the name of the spring or the place of its exploitation, with regard to the trade description used in advertising, in whatsoever form, relating to natural mineral waters.   Article 9 1. It shall be forbidden, both on packaging or labels and in advertising in whatsoever form, to use designations, proprietary names, trade marks, brand names, illustrations or other signs, whether emblematic or not, which:    (a) in the case of a natural mineral water, suggest a characteristic which the water does not possess, in particular as regards its origin, the date of the authorization to exploit it, the results of analyses or any similar references to guarantees of authenticity;       (b) in the of drinking water packaged in containers which does not satisfy the provisions of Annex I, Section I, are liable to cause confusion with a natural mineral water, in particular the description "mineral water".         2.    (a) All indications attributing to a natural mineral water properties relating to the prevention, treatment or cure of a human illness shall be prohibited.       (b) However, the indications listed in Annex III to this Directive shall be authorized if they meet the relevant criteria laid down in that Annex or, in the absence thereof, criteria laid down in national provisions and provided that they have been drawn up on the basis of physico-chemical analyses and, where necessary, pharmacological, physiological and clinical examinations carried out according to recognized scientific methods, in accordance with Section I, paragraph 2 of Annex I.       (c) Member States may authorize the indications "stimulates digestion", "may facilitate the hepato-biliary functions" or similar indications. They may also authorize the inclusion of other indications, provided that the latter do not conflict with the principles stated in (a) and are compatible with those stated in (b).        3. Member States may adopt special provisions regarding information - both on packaging or labels and in advertising - concerning the suitability of a natural mineral water for the feeding of infants. Such provisions may also concern the properties of the water which determine the use of the said information.  Member States which intend taking such measures shall inform the other Member States and the Commission of them beforehand.  4. Not later than three years after notification of this Directive, the Commission shall submit to the Council a report and, where appropriate, suitable proposals on the application of the provisions referred to in 1.2.12 of Annex I, Section II.   Article 10 1. Member States shall adopt the measures necessary to ensure that trade in natural mineral waters which comply with the definitions and rules laid down in this Directive cannot be impeded by the application of non-harmonized national provisions governing the properties, composition, conditions of exploitation, packaging or labelling of natural mineral waters or foodstuffs in general.  2. Paragraph 1 shall not be applicable to non-harmonized national provisions justified on grounds of:    - protection of public health,       - prevention of fraud, unless such provisions are likely to impede the application of the definitions and rules laid down by this Directive,       - protection of industrial and commercial property, indications of source, designations of origin and the prevention of unfair competition.          Article 11 The sampling procedures and the methods of analysis necessary for checking the microbiological characteristics referred to in Article 5 and the compositional characteristics referred to in 1.2 of Annex I, Section II, shall be determined in accordance with the procedure laid down in Article 12.   Article 12 1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Standing Committee on Foodstuffs, hereinafter called "the Committee", by its Chairman, either on his own initiative or at the request of the representative of a Member State.   2. The Commission representative shall submit a draft of the measures to be taken to the Committee. The Committee shall deliver its opinion on that draft within a time limit set by the chairman having regard to the urgency of the matter. Opinions shall be arrived at by a majority of 41 votes, the votes of the Member States being weighted in accordance with Article 148 (2) of the Treaty. The chairman shall not vote.  3.    (a) Where the measures envisaged are in accordance with the opinion of the Committee the Commission shall adopt them;       (b) where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall forthwith submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority;       (c) if within three months of the matter being brought before it the Council has not acted, the measures proposed shall be adopted by the Commission.         Article 13 Article 12 shall apply for a period of 18 months from the date on which the matter was first referred to the Committee under Article 12 (1).   Article 14 This Directive shall not apply to natural mineral waters intended for export to third countries.   Article 15 Member States shall make such amendments to their laws as may be necessary to comply with this Directive and shall forthwith inform the Commission thereof ; the laws thus amended shall be applied in such a way as to:    - permit trade in products complying with this Directive not later than two years after its notification,       - prohibit trade in products not complying with this Directive four years after its notification.          Article 16 This Directive shall also apply to the overseas departments of the French Republic.   Article 17 This Directive is addressed to the Member States.     Done at Brussels, 15 July 1980.  For the Council  The President  J. SANTER     ANNEX I I. DEFINITION      1. "Natural mineral water" means microbiologically wholesome water, within the meaning of Article 5, originating in an underground water table or deposit and emerging from a spring tapped at one or more natural or bore exits.  Natural mineral water can be clearly distinguished from ordinary drinking water:      (a) by its nature, which is characterized by its mineral content, trace elements or other constituents and, where appropriate, by certain effects;           (b) by its original state,  both characteristics having been preserved intact because of the underground origin of such water, which has been protected from all risk of pollution.     2. These characteristics, which may give natural mineral water properties favourable to health, must have been assessed:   (a) from the following points of view:      1. geological and hydrological,           2. physical, chemical and physico-chemical,       3. microbiological,       4. if necessary, pharmacological, physiological and clinical;   (b)  according to the criteria listed in Section II;   (c) according to scientific methods approved by the responsible authority.  The analyses referred to in (a) (4) may be optional where the water presents the compositional characteristics on the strength of which it was considered a natural mineral water in the Member State of origin prior to the entry into force of this Directive. This is the case in particular when the water in question contains, per kg, both at source and after bottling, a minimum of 1 000 mg of total solids in solution or a minimum of 250 mg of free carbon dioxide.  3. The composition, temperature and other essential characteristics of natural mineral water must remain stable within the limits of natural fluctuation ; in particular, they must not be affected by possible variations in the rate of flow.  Within the meaning of Article 5 (1), the normal viable colony count of natural mineral water means the reasonably constant total colony count at source before any treatment, whose qualitative and quantitative composition taken into account in the recognition of that water is checked by periodic analysis.         II. REQUIREMENTS AND CRITERIA FOR APPLYING THE DEFINITION      1.1. Requirements for geological and hydrological surveys  There must be a requirement to supply the following particulars:      1.1.1. the exact site of the catchment with indication of its altitude, on a map with a scale of not more than 1 : 1 000;           1.1.2. a detailed geological report on the origin and nature of the terrain;           1.1.3. the stratigraphy of the hydrogeological layer;            1.1.4. a description of the catchment operations;           1.1.5. the demarcation of the area or details of other measures protecting the spring against pollution.                  1.2. Requirements for physical, chemical and physico-chemical surveys  These surveys shall establish:      1.2.1. the rate of flow of the spring;           1.2.2. the temperature of the water at source and the ambient temperature;           1.2.3. the relationship between the nature of the terrain and the nature and type of minerals in the water;           1.2.4. the dry residues at 180 ºC and 260 ºC;           1.2.5. the electrical conductivity or resistivity, with the measurement temperature having to be specified;           1.2.6. the hydrogen ion concentration (pH);           1.2.7. the anions and cations;           1.2.8. the non-ionized elements;           1.2.9. the trace elements;           1.2.10. the radio-actinological properties at source;       >PIC FILE= "T0013777">      1.2.12. the toxicity of certain constitutent elements of the water, taking account of the limits laid down for each of them.                  1.3. Criteria for microbiological analyses at source  These analyses must include:      1.3.1. demonstration of the absence of parasites and pathogenic micro-organisms;           1.3.2. quantitative determination of the revivable colony count indicative of faecal contamination:        (a) absence of Escherichia coli and other coliforms in 250 ml at 37 ºC and 44 75 ºC;               (b) absence of faecal streptococci in 250 ml;               (c) absence of sporulated sulphite-reducing anaerobes in 50 ml;               (d) absence of Pseudomonas aeruginosa in 250 ml.                          1.3.3. determination of the revivable total colony count per ml of water:        (i) at 20 to 22 ºC in 72 hours on agar-agar or an agar-gelatine mixture,               (ii) at 37 ºC in 24 hours on agar-agar.                                 1.4. Requirements for clinical and pharmacological analyses      1.4.1. The analyses, which must be carried out in accordance with scientifically recognized methods, should be suited to the particular characteristics of the natural mineral water and its effects on the human organism, such as diuresis, gastric and intestinal functions, compensation for mineral deficiencies.            1.4.2. The establishment of the consistency and concordance of a substantial number of clinical observations may, if appropriate, take the place of the analyses referred to in 1.4.1. Clinical analyses may, in appropriate cases, take the place of the analyses referred to in 1.4.1 provided that the consistency and concordance of a substantial number of observations enable the same results to be obtained.                    III. SUPPLEMENTARY QUALIFICATIONS RELATING TO EFFERVESCENT NATURAL MINERAL WATERS    At source or after bottling, effervescent natural mineral waters give off carbon dioxide spontaneously and in a clearly visible manner under normal conditions of temperature and pressure. They fall into three categories to which the following descriptions respectively shall apply:    (a) "naturally carbonated natural mineral water" means water whose content of carbon dioxide from the spring after decanting, if any, and bottling is the same as at source, taking into account where appropriate the reintroduction of a quantity of carbon dioxide from the same water table or deposit equivalent to that released in the course of those operations and subject to the usual technical tolerances;       (b) "natural mineral water fortified with gas from the spring" means water whose content of carbon dioxide from the water table or deposit after decanting, if any, and bottling is greater than that established at source;       (c) "carbonated natural mineral water" means water to which has been added carbon dioxide of an origin other than the water table or deposit from which the water comes.           ANNEX II CONDITIONS FOR THE EXPLOITATION AND MARKETING OF NATURAL MINERAL WATER     1. Exploitation of a natural mineral water spring shall be subject to permission from the responsible authority of the country where the water has been extracted, after it has been established that the water in question complies with the provisions laid down in point 1 of Annex I.       2. Equipment for exploiting the water must be so installed as to avoid any possibility of contamination and to preserve the properties, corresponding to those ascribed to it, which the water possesses at source.  To this end, in particular:      (a) the spring or outlet must be protected against the risks of pollution;           (b) the catchment, pipes and reservoirs must be of materials suitable for water and so built as to prevent any chemical, physico-chemical or microbiological alteration of the water;           (c) the conditions of exploitation, particularly the washing and bottling plant, must meet hygiene requirements. In particular, the containers must be so treated or manufactured as to avoid adverse effects on the microbiological and chemical characteristics of the natural mineral water;           (d) the transport of natural mineral water in containers other than those authorized for distribution to the ultimate consumer is prohibited.  However, point (d) need not be applied to mineral waters exploited and marketed in the territory of a Member State if, in that Member State at the time of notification of this Directive, transport of the natural mineral water in tanks from the spring to the bottling plant was authorized.       3. Where it is found during exploitation that the natural mineral water is polluted and no longer presents the microbiological characteristics laid down in Article 5, the person exploiting the spring must forthwith suspend all operations, particularly the bottling process, until the cause of pollution is eradicated and the water complies with the provisions of Article 5.       4. The responsible authority in the country of origin shall carry out periodic checks to see whether:      (a) the natural mineral water in respect of which exploitation of the spring has been authorized complies with Section I of Annex I;           (b) the provisions of paragraphs 2 and 3 are being applied by the person exploiting the spring.                     ANNEX III INDICATIONS AND CRITERIA LAID DOWN IN ARTICLE 9 (2)  >PIC FILE= "T0013592">


title: Council Directive 85/582/EEC of 20 December 1985 amending Directive 84/634/EEC on summertime arrangements

text:
 No L 372 / 38                          Official Journal of the European Communities                                31 . 12.85
                                                   COUNCIL DIRECTIVE
                                                    of 20 December 1985
                               amending Directive 84/634 /EEC on summertime arrangements
                                                        (85 / 582 /EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                !Article 3
                                                                       The Member States, apart from Ireland and the
Having regard to the Treaty establishing the European                  United Kingdom, shall take the measures necessary
Economic Community,                                                    to ensure that the summertime period for 1986, 1987
                                                                       and 1988 ends at 1 a.m. Greenwich Mean Time, on
Having regard to the Act of Accession of Spain and                     the last Sunday in September, namely :
Portugal, and in particular Articles 27 and 396 thereof,               — in 1986 : on 28 September,
                                                                       — in 1987 : on 27 September,
Having regard to the proposal from the Commission,                     — in 1988 : on 25 September.
Whereas the summertime arrangements introduced by                      Article 4
Directive 84/634/EEC (') should be adapted on account                  Ireland and the United Kingdom shall take the
of the accession of Spain and Portugal ;                               measures necessary to ensure that the summertime
                                                                       period for 1986, 1987 and 1988 ends at 1 a.m.
Whereas, pursuant to Article 27 of the Act of Accession,               Greenwich Mean Time, on the fourth Sunday in
the Directive must be adapted in accordance with the                   October, namely :
guidelines set out in Annex II to the Act ;                            — in 1986 : on 26 October,
                                                                       — in 1987 : on 25 October,
Whereas, by virtue of Article 2 (3) of the Treaty of                   — in 1988 : on 23 October.'
Accession, the institutions of the Communities may
adopt, before accession, the measures referred to in                                         Article 2
Article 396 of the Act, such measures entering into force
subject to, and on the date of, the entry into force of the         The Member States shall take the measures necessary to
said Treaty,                                                        comply with this Directive.
                                                                                Article 3
HAS ADOPTED THIS DIRECTIVE :                                        This Directive is addressed to the Member States .
                         Article 1                                  Done at Brussels, 20 December 1985 .
With effect from 1 January 1986, subject to the entry                                                    For the Council
into force of the Treaty of Accession of Spain and                                                        The President
Portugal, Articles 3 and 4 of Directive 84/634/EEC are
hereby replaced by the following :                                                                         R. KRIEPS
O OJ No L 331 , 19. 12. 1984, p. 33 .