Avis juridique important

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31984L0631

Council Directive 84/631/EEC of 6 December 1984 on the supervision and control within the European Community of the transfrontier shipment of hazardous waste

Official Journal L 326 , 13/12/1984 P. 0031 - 0041 Finnish special edition: Chapter 15 Volume 6 P. 0200  Spanish special edition: Chapter 15 Volume 5 P. 0122  Swedish special edition: Chapter 15 Volume 6 P. 0200  Portuguese special edition Chapter 15 Volume 5 P. 0122

*****COUNCIL  DIRECTIVE  of 6 December 1984  on the supervision and control within the European Community of the transfrontier shipment of hazardous waste  (84/631/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 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 the 1973 (4), 1977 (5) and 1983 (6) programmes of action of the European Communities on the environment provide for Community action in order to control the disposal of hazardous waste;  Whereas, pursuant to Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (7), Member States are required to take the necessary measures to ensure that toxic and dangerous waste is disposed of without endangering human health and without harming the environment;  Whereas shipment of waste between Member States, or between Member States and other States, may be necessary in order to dispose of it under the best possible conditions;  Whereas any difference between the provisions on disposal of hazardous waste already applicable or in preparation in the various Member States may distort the conditions of competition and thus directly affect the functioning of the common market; whereas there are, in particular, differences between the procedures applying to the supervision and control of the transfrontier shipment of hazardous waste within the Community; whereas it is therefore necessary to approximate laws in this field, as provided for in Article 100 of the Treaty;  Whereas Council Directive 75/442/EEC of 15 July 1975 on waste (8), Council Directive 76/403/EEC of 16 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (9) and Council Directive 78/319/EEC have already laid down certain provisions concerning the disposal of dangerous waste, but have not yet regulated the supervision and control of the transfrontier shipment of hazardous waste;  Whereas an efficient and coherent system of supervision and control of the transfrontier shipment of hazardous waste should neither create barriers to intra-Community trade nor affect competition;  Whereas the growing volume of long-distance transfrontier shipments of hazardous waste in the Community results in increased risk necessitating supervision and control of hazardous waste from the moment of its formation until its treatment or ultimate safe disposal;  Whereas this requires compulsory notification of transfrontier shipments of hazardous waste and a uniform consignment note;  Whereas the competent authorities of the Member States of destination of waste should be able to raise objections to shipments of waste; whereas any objection should fulfil certain criteria and be duly substantiated;  Whereas it is also desirable for the Member State of dispatch and the Member State of transit to be able, subject to certain criteria, to lay down conditions in respect of the shipment of waste on their territory;  Whereas, moreover, in certain situations and subject to certain conditions, the Member State of dispatch should be able to object to a shipment;  Whereas in the case of waste shipped outside the Community, the third State of destination and, where appropriate, the third State of transit should also be notified;  Whereas in this case, in order effectively to control transfrontier shipments of hazardous waste, the customs authorities of the last Member State through which the shipment is due to pass should send a copy of the consignment note to the competent authority of that Member State; whereas the holder should certify to the competent authorities of the Member State of dispatch that the waste has left the Community;  Whereas in certain circumstances a general notification procedure may be used;  Whereas information relating to the waste concerned, the producers, the existence of a contractual agreement with the consignee, the provisions made for routes and insurance and the conditions for the exercise of the transport operations should be sent to the competent authorities of the Member States concerned as part of the notification procedure;  Whereas in order to ensure that hazardous waste does not constitute an unnecessary risk it should be properly packaged and labelled; whereas the instructions to be followed in the event of danger or accident should accompany the waste in order to protect man and the environment from any danger that might arise during the operation;  Whereas the Member States may fix border crossing-points after consulting the Commission;  Whereas in accordance with the 'polluter pays' principle, the costs of implementing the notification procedure, including the costs of control and analysis, should be borne by the holder and/or the producer of the waste;  Whereas it is important that the liability of the producer and that of any other person who may be accountable for damage should be defined and the conditions of application determined in order to guarantee effective and fair compensation for damage which may be caused during the shipment of dangerous waste; whereas the Council should act at the latest within three years of the application of this Directive; whereas the Council should also take a decision within the same time limit on a system of insurance;  Whereas, subject to certain conditions, non-ferrous metal waste intended for re-use, regeneration or recycling should be exempted from the provisions of this Directive;  Whereas Member States should communicate to the Commission any information relevant to the implementation of this Directive and must in particular prepare reports every two years on the basis of which the Commission will draw up a summary report;  Whereas the Technical Committee set up under Directive 78/319/EEC should also be empowered to draw up and adapt as necessary the uniform consignment note on the uniform declaration provided for in this Directive and also to adapt the list of Conventions annexed to this Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Member States shall, in accordance with the provisions of this Directive, take the necessary measures for the supervision and control, with a view to the protection of human health and the environment, of the transfrontier shipment of hazardous waste both within the Community and on its entering and/or leaving the Community.  Article 2  1. For the purposes of this Directive:  (a) 'hazardous waste', hereinafter referred to as 'waste', means: - toxic and dangerous waste as defined in Article 1 (b) of Directive 78/319/EEC, except for the chlorinated and organic solvents referred to in points 13 and 14 of the Annex to that Directive,  - PCB as defined in Article 1 (a) of Directive 76/403/EEC;  (b) 'competent authorities' of the Member States concerned means the competent authority or authorities, designated in accordance with Article 16, of the Member State of destination of the waste, of the Member State of dispatch of the waste and, where applicable, of the Member State or States of transit of the waste;  (c) 'the producer of the waste' means anyone whose activities produce waste ('original producer') and/or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;  (d) 'the holder of the waste' means the producer of the waste or any other person or undertaking who or which proposes to carry out or to have carried out a transfrontier shipment of waste;  (e) 'the consignee of the waste' means the person or undertaking to whom or to which the waste is shipped for disposal;  (f) 'disposal' means disposal within the meaning of Article 1 (c) of Directive 78/319/EEC.  2. The off-loading to shore of waste produced by the normal operation of ships, including waste water and residues, shall not be considered a transfrontier shipment of waste within the meaning of this Directive.  Article 3  1. Where the holder of the waste intends to ship it or to have it shipped from one Member State to another, to have it routed through one or more Member States or to ship it to a Member State from a third State, he shall notify the competent authorities of the Member States concerned.  2. Notification shall be made by means of a uniform consignment note, hereinafter referred to as the 'consignment note', to be drawn up in accordance with Article 15 and the contents of which are set out in Annex I.  3. When so notifying the competent authorities of the Member States concerned the holder of the waste must provide them with satisfactory information, in particular on:  - the source and composition of the waste, including the producer's identity, and in the case of waste from various sources, a detailed inventory of the waste and, where such information exists, the identity of the original producers,  - the provisions made for routes and insurance against damage to third parties,  - the measures to be taken to ensure safe transport and, in particular, compliance by the carrier with the conditions laid down by the Member States concerned for the exercise of such transport operations,  - the existence of a contractual agreement with the consignee of the waste, who should possess adequate technical capacity for the disposal of the waste in question under conditions presenting no danger to human health or the environment. Where the waste is stored, treated or deposited within a Member State, the consignee must also possess a permit in accordance with Article 9 of Directive 78/319/EEC or Article 6 of Directive 76/403/EEC.  4. Where the waste is shipped outside the Community for disposal, the holder of the waste shall notify the third State of destination and where applicable, the third State or States of transit and the competent authorities of the Member States concerned.  Article 4  1. A transfrontier shipment may not be executed before the competent authority of the Member State referred to in paragraph 2 (a) or (b) has acknowledged receipt of the notification. The acknowledgement shall be entered on the consignment note.  2. The acknowledgement of receipt or any objection raised in accordance with paragraph 3 shall, not later than one month after receipt of the notification, be forwarded to the holder of the waste:  (a) either by the competent authority of the Member State of destination;  (b) or, in the case of shipments of waste for disposal outside the Community or of waste from a third country in transit through the Community for disposal outside the Community, by the competent authority of the last Member State through which the shipment is due to pass,  with a copy to the consignee of the waste and to the competent authorities of the other Member States concerned. 3. Objections must be substantiated on the basis of laws and regulations relating to environmental protection, safety and public policy or health protection which are in accordance with the provisions of this Directive, with other Community instruments or with international conventions on this subject concluded by the Member State concerned prior to notification of this Directive.  4. Once the competent authority of the Member State referred to in paragraph 2 (a) or (b) is satisfied that the problems giving rise to its objections have been resolved, it shall immediately send an acknowledgement to the holder of the waste with a copy to the consignee of the waste and to the competent authorities of the other Member States concerned.  5. The acknowledgement forwarded by the competent authorities of the Member State referred to in paragraphs 2 (a) or (b) to the holder of the waste pursuant to the provisions of this Article shall not release the producer of such waste or any other person from his obligations under existing national and Community provisions.  6. Without prejudice to the provisions of paragraphs 1 and 2, the competent authorities of the Member State of dispatch and those of the Member State or States of transit, if any, shall have 15 days following the notification in which to lay down, if appropriate, conditions in respect of the shipment of waste on their national territory. These conditions, which shall be forwarded to the holder of the waste, with a copy to the competent authorities of the Member States concerned, may not be more stringent than those laid down in respect of similar shipments occurring wholly within the Member State in question and shall take due account of existing agreements. The holder of the waste must comply with these conditions in order to make the shipment.  Not later than 20 days after receipt of the notification, the competent authorities of the Member State of dispatch may raise objections on the grounds that the shipment of waste adversely affects the implementation of plans drawn up pursuant to Article 12 of Directive 78/319/EEC or Article 6 of Directive 76/403/EEC or that it conflicts with obligations resulting from international agreements on this subject concluded by it prior to notification of this Directive. Such objections shall be forwarded to the holder of the waste with copies to the competent authorities of the Member States concerned.  Article 5  1. The holder of the waste may use a general notification procedure where waste having the same physical and chemical characteristics is shipped regularly to the same consignee via the same customs office of exit of the Member State of dispatch, via the same customs office of entry of the Member State of destination and, in the case of transit, via the same customs offices of entry and exit of the Member State or States of transit.  2. The competent authorities of the Member State referred to in Article 4 (2) (a) or (b) and, where applicable, those of the Member State or States of transit, may make their agreement to the use of this general notification procedure subject to the supply of certain information, such as the exact quantities or periodical lists of the waste to be shipped.  3. Under a general notification procedure, a single acknowledgement within the meaning of Article 4 (1) may cover several shipments of waste over a maximum period of one year.  4. The general notification shall be made by means of the consignment note.  Article 6  1. Upon receipt of the acknowledgement referred to in Articles 4 and 5, the holder of the waste shall complete the consignment note and send copies to the competent authorities of the Member States concerned and to the third States concerned before shipment is carried out.  2. A copy of the consignment note, including the acknowledgement, shall accompany each shipment.  3. All undertakings subsequently involved in the operation shall complete the consignment note where indicated, sign it and retain a copy of it.  4. Within 15 days following receipt of the waste, the consignee of the waste shall forward to the holder of the waste, to the competent authorities of the Member States concerned and to the third States concerned copies of the duly completed consignment note. These copies shall be kept for at least two years.  Article 7  By way of derogation from Article 6 (4), when waste leaves the Community for disposal outside the Community, the customs service in the last Member State through which the shipment passes shall forward a copy of the consignment note to the competent authorities in that Member State, which shall keep it for at least two years. The holder of the waste shall declare or certify to the competent authorities of the Member State of dispatch, not later than six weeks after the waste has left the Community, that the waste has reached its proper destination and shall indicate the last customs post in the Community through which the shipment passed.  Article 8  1. Transfrontier shipments must comply with the following conditions:  (a) The waste must be properly packed.  (b) The containers must have appropriate labels indicating, in addition to the nature, composition and quantity of the waste, the telephone number(s) of the person(s) from whom instructions or advice may be obtained at all times during shipment.  (c) The instructions to be followed in the event of danger or accident must accompany the waste.  (d) The labels and instructions referred to in (b) and (c) must be in the languages of the Member States concerned.  2. The conditions referred to in paragraph 1 shall be deemed to be met where a Member State applies the provisions applicable in the matter under the international transport conventions listed in Annex II to which it is a party in so far as those conventions cover the waste to which this Directive refers.  Article 9  Member States may designate border crossing-points for the shipment of waste where necessary and after consulting the Commission.  Article 10  In accordance with the 'polluter pays' principle, the cost of implementing the notification and supervision procedure, including the necessary analyses and controls, shall be chargeable to the holder and/or the producer of the waste by the Member State concerned, provided that this cost is comparable to that entailed by the same operations concerning the same types of waste and relating to shipments taking place entirely within that Member State.  Article 11  1. Without prejudice to national provisions concerning civil liability, irrespective of the place in which the waste is disposed of, the producer of the waste shall take all necessary steps to dispose of or arrange for the disposal of the waste so as to protect the quality of the environment in accordance with Directives 75/442/EEC and 78/319/EEC and with this Directive.  2. Member States shall take all necessary steps to ensure that the obligations laid down in paragraph 1 are carried out.  3. The Council shall, acting in accordance with the procedure referred to in Article 100 of the Treaty, determine not later than 30 September 1988 the conditions for implementing the civil liability of the producer in the case of damage or that of any other person who may be accountable for the said damage and shall also determine a system of insurance.  Article 12  1. Member States shall forward to the Commission not later than 31 December 1985 the name(s), address(es) and telephone and telex numbers of the competent authorities and of the installations, establishments or undertakings with a permit within the meaning of the last indent of Article 3 (3) to dispose of waste.  Member States shall forward regularly to the Commission any modifications to the data.  2. The Commission shall forward information referred to under paragraph 1 without delay to the other Member States.  Article 13  1. Every two years, and for the first time on 1 October 1987, Member States shall forward to the Commission reports on the implementation of this Directive and on the situation with regard to transfrontier shipments concerning their respective territories.  2. These reports shall in particular comprise the following information:  - transfrontier shipments of waste arising from major accidents, in particular within the meaning of Article 1 of Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities (1),  - any significant irregularities in transfrontier shipment of waste covered by this Directive which has involved or may yet involve serious hazards for man or the environment,  - the quantity and type of waste which has entered their territory for disposal and the quality and type of waste produced in their territory and subsequently definitively exported.  Article 14  On the basis of the reports referred to in Article 13, the Commission shall prepare a summary report every two years, which it shall submit to the European Parliament, the Council and the Economic and Social Committee.  Article 15  The Technical Committee set up under Article 18 of Directive 78/319/EEC, and acting under the procedure laid down in Article 19 of that Directive, shall be empowered to draw up, in accordance with the information given in Annexes I and III respectively, the consignment note including the general instructions and the uniform declaration document referred to in Article 17. The Committee shall also be empowered, under the same procedure, to adapt to technical progress the consignment note, the declaration document and the list of international transport conventions contained in Annex II.  Article 16  Member States shall designate the competent authorities for the purpose of Article 4.  Article 17  Waste (including in particular waste, scrap, sludge, ash and dust) from non-ferrous metals which is intended for re-use, regeneration, or recycling on the basis of a contractual agreement regarding such operations shall be exempt from the provisions of this Directive provided that the following conditions are fulfilled:  (a) the holder must make a declaration on a uniform document, the contents of which is set out in Annex III, and which must accompany the shipment, to the effect that these materials are intended for the operations in question, and must forward a copy of this document to the competent authorities of the Member State referred to in Article 4 (2) (a) or (b);  (b) the consignee must declare in the same document, which he shall forward to the competent authorities of the Member State referred to in (a) not later than 15 days from receipt of the materials that these operations will actually be carried out.  Article 18  1. Member States shall take the measures necessary to comply with this Directive as from 1 October 1985. 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. The Commission shall inform the other Member States thereof.  Article 19  This Directive is addressed to the Member States.  Done at Brussels, 6 December 1984.  For the Council  The President  L. KAVANAGH  (1) OJ No C 53, 25. 2. 1983, p. 3 and  OJ No C 186, 12. 7. 1983, p. 3.  (2) OJ No C 184, 11. 7. 1983, p. 50.  (3) OJ No C 176, 4. 7. 1983, p. 4.  (4) OJ No C 112, 20. 12. 1973, p. 3.  (5) OJ No C 139, 13. 6. 1977, p. 3.  (6) OJ No C 46, 17. 2. 1983, p. 1.  (7) OJ No L 84, 31. 3. 1978, p. 43.  (8) OJ No L 194, 25. 7. 1975, p. 39.  (9) OJ No L 108, 26. 4. 1976, p. 41.  (1) OJ No L 230, 5. 8. 1982, p. 1.  ANNEX  I  CONTENT OF THE UNIFORM CONSIGNMENT NOTE  SECTION A  Information to be provided on notification  (See General Instructions - paragraph 1)  1. Holder of the waste (a)  2. General notification or notification of a single shipment  3. (a) Consignee of the waste (a)  (b) Permit No (where applicable)  (c) Information relating to the contractual agreement between the holder and the consignee  4. Producer(s) of the waste (a)  5. (a) Carrier(s) transporting the waste (a)  (b) Licence No (where applicable) (b)  6. (a) Country of origin of the waste  (b) Competent authority (c)  7. (a) Expected countries of transit  (b) Competent authority (c)  8. (a) Country of destination of the shipment  (b) Competent authority (c)  9. Planned date(s) of shipment(s) (d)  10. Means of transport envisaged (road, air, sea, etc.)  11. Information relating to insurance against damage to third parties (f)  12. Name and physical description of the waste and its composition (e)  13. Method of packing envisaged  14. Quantit(y) (ies) (kg) (g)  15. UN classification  16. Process by which the waste was generated  17. Nature of the risk: Explosive / Reactive / Corrosive / Toxic / Flammable / Other  18. Outward appearance of the waste at . . . °C: Powdery or Pulverulent / Solid / Viscous or Syrupy / Sludgy / Liquid / Gaseous / Other  Colour  19. Place of generation of the waste  20. Place of disposal of the waste  21. Method of disposal of the waste  22. Other information  23. Declaration by the holder that the information is correct, place, date, signature of holder.  SECTION B  Acknowledgement  (See General Instructions - paragraph 2)  1. Date of receipt of notification  2. Date on which acknowledgement is sent  3. Period of validity of acknowledgement  4. Whether acknowledgement applies to a single shipment or to several shipments  5. Date, signature and stamp of competent authority.  SECTION C  Transport arrangements  (See General Instructions - paragraph 3)  1. Serial No of shipment  2. Identification of means of transport  3. No and type of containers, markings, numbers, etc.  4. Exact quantities (kg)  5. Customs posts of entry in the country(ies). (ies), whose territory is to be passed through  6. Special conditions (if any) set by Member States concerned regarding the transport across their territory  7. Declaration by the holder and the carrier that the information is correct; place, date, signature of holder and carrier.  SECTION D  Receipt by the consignee  (See General Instructions - paragraph 4)  Declaration by the consignee that he has received the waste for disposal and the quantity thereof; place, date, signature of the consignee.  SECTION E  Customs endorsement  (See General Instructions - paragraph 5)  1. Address of customs post  2. Declaration that the waste has been exported from the customs territory of the Community  3. Date of exit  4. Date, stamp and signature of customs authority.  GENERAL INSTRUCTIONS  NB: Any competent authority may require further information or documentation to supplement the information provided on the consignment note.  1. Section A of the consignment note must be completed by the holder and sent to the competent authority of the Member State of destination of the waste or, in the case of waste exported to a destination outside the Community or of waste in transit through the Community, to the competent authority of the last Member State through which the shipment is due to pass, with copies to the third State of destination and to the competent authorities of the other Member States concerned with the shipment.  2. Section B must be completed by the competent authority of the Member State to whom the notification is addressed and returned to the holder of the waste within one month of receipt of the notification.  A transfrontier shipment of hazardous waste may not be carried out until after receipt of the acknowledgement of notification supplied by the competent authority referred to above. The acknowledgement must accompany the shipment. 3. After receipt of the acknowledgement from the competent authority, the holder, in conjunction with the carrier, must complete section C of the consignment note. The consignment note, duly completed, must accompany the shipment and, before the shipment takes place, copies must be forwarded to the competent authorities of the Member States concerned.  4. Section D must be completed by the consignee on receipt of the waste where the consignee is situated in a Member State. The consignee must forward copies of the duly completed consignment note to the holder of the waste and to the competent authorities of the Member States concerned.  5. In the case of export of waste from the Community for disposal outside the Community, or of waste in transit through the Community, section E must be completed by the customs authority at the post where the shipment leaves the Community and returned to the competent authority in that Member State. In this case, the holder of the waste must certify to the competent authority of the Member State of dispatch not later than six weeks after the waste has left the Community, that the waste has reached its destination and shall indicate the last customs post in the Community through which the shipment passed.  (a) Full name and address, telephone and telex number and the name, address, telephone or telex number of the person to be contacted.  (b) Where there is no specific licence, the carrier should be able to demonstrate that he complies with the rules of the Member State concerned in respect of transport of such waste.  (c) Full name and address, telephone and telex number. This information is obligatory only where the countries concerned are Member States. In other cases it should be provided if known.  (d) In the case of a general notification covering several shipments, either the expected dates of each shipment or, if this is not known, the expected frequency of the shipments will be required.  (e) The nature and the concentration of the most characteristic components, in terms of the toxicity and other dangers presented by the waste will be required together with, if possible, an analysis referring to the method of disposal envisaged, particularly in the case of an initial shipment.  (f) Examples of information to be included where such insurance is required: insurer, policy number, last day of validity.  (g) In the case of a general notification covering several shipments, both the total quantity and the quantities for each individual shipment will be required.  ANNEX  II  LIST OF INTERNATIONAL TRANSPORT CONVENTIONS REFERRED TO IN ARTICLE 8 (2) (1)  1. ADR:  European Agreement concerning the International Carriage of Dangerous Goods by Road (1957);  2. CIM:  International Convention concerning the Carriage of Goods by Rail (1924) (2),  including in Annex I:  RID:  International Regulations concerning the Carriage of Dangerous Goods by Rail (1924);  3. SOLAS Convention:  International Convention for the Safety of Life at Sea (1974);  4. IMDG Code (3):  International Maritime Dangerous Goods Code;  5. Chicago Convention:  Convention on International Civil Aviation (1944) Annex 18 to which deals with the carriage of dangerous goods by air (T.I.: Technical Instructions for the Safe Transport of Dangerous Goods by Air);  6. MARPOL Convention:  International Convention for the Prevention of Pollution from Ships (1973/1978);  7. ADNR:  Regulation of the Carriage of Dangerous Substances on the Rhine (1970).  (1) This list contains those Conventions in force at the time of adoption of this Directive and may be adapted by the Technical Committee referred to in Article 15.  (2) From 1 May 1985 this Convention will be called:  COTIF: Convention concerning International Carriage by Rail.  The RID will become an Annex to the COTIF called:  'Regulations concerning the international carriage of dangerous goods by rail'.  (3) From 1 January 1985, the IMDG code will be incorporated in the SOLAS Convention.  ANNEX  III  DECLARATIONS REGARDING WASTE FOR RE-USE, REGENERATION, RECYCLING  A. HOLDER'S DECLARATION (1)  Name and address of the holder ............................................................. ............................................................. .................... ............................................................. ............................................................. ....................  The following materials (2) ............................................................. ............................................................. .................... ............................................................. ............................................................. .................... ............................................................. ............................................................. ....................  are intended for re-use/regeneration/recycling on the basis of a contractual agreement with: (3) ............................................................. ............................................................. .................... ............................................................. ............................................................. .................... ............................................................. ............................................................. ....................  These materials are exempt from the provisions of Directive 84/631/EEC in accordance with Article 17 thereof.  Date and signature of the holder  B. CONSIGNEE'S DECLARATION (4)  Name and address of the consignee ............................................................. ............................................................. .................... ............................................................. ............................................................. ....................  We certify that these materials will be effectively re-used/regenerated/recycled.  Date and signature of the consignee  (1) To be completed by the holder and sent with the shipment. The holder must in addition forward a copy of this document to the competent authorities of the Member State of destination of the waste or, in the case of waste exported from the Community to the competent authority of the last Member State through which the shipment is due to pass.  (2) Usual commercial description of the materials and quantity.  (3) Name and address of the consignee.  (4) To be completed by the consignee and sent to the competent authorities of the Member State referred to in footnote 1 not later than 15 days after receipt of the waste.ARE INTENDED FOR RE-USE/REGENERATION/RECYCLING ON THE BASIS OF A CONTRACTUAL AGREEMENT WITH : ( 3 ) ..................                  ............................................... ............................................................. .................                 ................................................ ............................................................. ..................                  ............................................... .............................................................  THESE MATERIALS ARE EXEMPT FROM THE PROVISIONS OF DIRECTIVE 84/631/EEC IN ACCORDANCE WITH ARTICLE 17 THEREOF .  DATE AND SIGNATURE OF THE HOLDER  B . CONSIGNEE'S DECLARATION ( 4 )  NAME AND ADDRESS OF THE CONSIGNEE .................                 ................................................ ............................................................. ..................                  ............................................... .............................................................  WE CERTIFY THAT THESE MATERIALS WILL BE EFFECTIVELY RE-USED/REGENERATED/RECYCLED .  DATE AND SIGNATURE OF THE CONSIGNEE  ( 1 ) TO BE COMPLETED BY THE HOLDER AND SENT WITH THE SHIPMENT . THE HOLDER MUST IN ADDITION FORWARD A COPY OF THIS DOCUMENT TO THE COMPETENT AUTHORITIES OF THE MEMBER STATE OF DESTINATION OF THE WASTE OR, IN THE CASE OF WASTE EXPORTED FROM THE COMMUNITY TO THE COMPETENT AUTHORITY OF THE LAST MEMBER STATE THROUGH WHICH THE SHIPMENT IS DUE TO PASS .  ( 2 ) USUAL COMMERCIAL DESCRIPTION OF THE MATERIALS AND QUANTITY .  ( 3 ) NAME AND ADDRESS OF THE CONSIGNEE .  ( 4 ) TO BE COMPLETED BY THE CONSIGNEE AND SENT TO THE COMPETENT AUTHORITIES OF THE MEMBER STATE REFERRED TO IN FOOTNOTE 1 NOT LATER THAN 15 DAYS AFTER RECEIPT OF THE WASTE .


Avis juridique important

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31992L0075

Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances

Official Journal L 297 , 13/10/1992 P. 0016 - 0019 Finnish special edition: Chapter 13 Volume 23 P. 0195  Swedish special edition: Chapter 13 Volume 23 P. 0195

COUNCIL DIRECTIVE 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliancesTHE 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 measures should be taken progressively to achieve the internal market by 31 December 1992;  Whereas certain Member States already have their own voluntary schemes for energy labelling and the provision of other energy consumption information for household appliances; whereas one Member State has formally proposed introducing its own compulsory  labelling scheme, and other Member States are considering such introduction; whereas the existence of a number of compulsory national schemes would create barriers to intra-Community trade;  Whereas Article 130r of the Treaty requires prudent and rational utilization of natural resources; whereas the rational use of energy is one of the principal means by which this objective can be achieved and environmental pollution reduced;  Whereas the provision of accurate, relevant and comparable information on the specific energy consumption of household appliances may influence the public's choice in favour of those appliances which consume less energy, thus prompting manufacturers to  take steps to reduce the consumption of the appliances which they manufacture; whereas it will also, indirectly, encourage the efficient use of these appliances; whereas, in the absence of this information, the operation of market forces alone will fail  to promote the rational use of energy for these appliances;  Whereas information plays a key role in the operation of market forces and it is therefore necessary to introduce a uniform label for all appliances of the same type, to provide potential purchasers with supplementary standardized information on those  appliances' costs in terms of energy and the consumption of other resources and to take measures to ensure that potential purchasers who do not see the appliance displayed, and thus have no opportunity to see the label, are also supplied with this  information;  Whereas to this end the energy consumption of and other information concerning each type of appliance must be measured in accordance with harmonized standards and methods and the application of these standards and methods must be monitored at the  marketing stage;  Whereas Directive 79/530/EEC (4) sought to promote these aims in the case of household appliances; whereas, however, only one implementing Directive for electric ovens has been adopted and few Member States have introduced this label; whereas it is  therefore now necessary to learn from the experience acquired and to strengthen the provisions of that Directive; whereas Directive 79/530/EEC must therefore be replaced and Directive 79/531/EEC (5) applying to those electric ovens should be revised and  subsequently integrated into the present scheme;  Whereas a completely voluntary scheme would lead to only some appliances being labelled, or supplied with standard product information, with the risk that this might result in confusion for some consumers; whereas the present scheme must therefore  ensure that for all the appliances concerned, the energy consumption is indicated by labelling and standard product fiches are provided;  Whereas household appliances use a wide variety of forms of energy, with electricity and gas being the most important; whereas this Directive must therefore in principle cover appliances using any form of energy;  Whereas Council Directive 86/594/EEC of 1 December 1986 on airborne noise emitted by household appliances (6) provides for an indication of noise emission to be included on energy labels, where appropriate; whereas provision must therefore be made for  the incorporation of any other information and labelling covered by Community schemes;  Whereas only those types of appliances whose aggregate energy use is significant and which afford adequate scope for increased efficiency need be included,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. The purpose of this Directive is to enable the harmonization of national measures on the publication, particularly by means of labelling and of product information, of information on the consumption of energy and of other essential resources, and  additional information concerning certain types of household appliances, thereby allowing consumers to choose more energy-efficient appliances. This Directive shall apply to the following types of household appliances, even where these are sold for  non-household uses:  - refrigerators, freezers and their combinations,  - washing machines, driers and their combinations,  - dishwashers,  - ovens,  - water heaters and hot-water storage appliances,  - lighting sources,  - air-conditioning appliances.  2. Further types of household appliances may be added to the list in this Article in accordance with Article 9 (b).  3. This Directive shall not apply to the rating plate or its equivalent affixed for safety purposes to such appliances.  4. For the purpose of this Directive:  - dealer means a retailer or other person who sells, hires, offers for hire-purchase or displays household appliances to end-users,  - supplier means the manufacturer or his authorized representative in the Community or the person who places the product on the Community market,  - information sheet means a standard table of information relating to the appliance in question,  - other essential resources means water, chemicals or any other substance consumed by an appliance in normal use,  - supplementary information means other information concerning the performance of an appliance, which relates to, or is helpful in evaluating, its use of energy or other essential resources.  5. There shall be no obligation to label or to provide fiches in respect of models of appliances of which production has ceased before the relevant implementing directive comes into effect, or second-hand appliances.  Article 2  1. Information relating to the consumption of electric energy, other forms of energy and other essential resources and supplementary information shall be brought to consumers' attention by means of a fiche and a label related to household appliances  offered for sale, hire, hire-purchase or displayed to end-users.  2. Details relating to the label and the fiche shall be defined by directives relating to each type of appliance adopted pursuant to this Directive in accordance with Article 9.  3. Technical documentation shall be established which shall be sufficient to enable the accuracy of the information contained in the label and the fiche to be assessed. It shall include:  - a general description of the product,  - the results of design calculations carried out, where these are relevant,  - test reports, where available, including those carried out by relevant notified organizations as defined under other Community legislation,  - where values are derived from those obtained for similar models, the same information for these models.  4. The supplier shall establish the technical documentation described in paragraph 3. To this end it may use documentation already required on the basis of relevant Community legislation. The supplier shall make this documentation available for  inspection purposes for a period ending five years after the last product has been manufactured.  Article 3  1. All suppliers placing on the market the household appliances specified in the implementing directives shall supply a label in accordance with this Directive. The labels used shall in all respects comply with this Directive and with the implementing  directives.  2. In addition to the labels, suppliers shall provide a product fiche. This fiche shall be contained in all product brochures. Where these are not provided by the supplier, he shall supply fiches with other literature provided with the appliance. The  fiches used shall in all respects comply with this Directive and with the implementing Directives.  3. Suppliers shall be responsible for the accuracy of the labels and fiches that they supply.  4. The supplier shall be deemed to have given his consent to the publication of the information given on the label or the fiche.  Article 4  In respect of labelling and product information, the following provisions shall apply:  (a) whenever an appliance specified in an implementing directive is displayed, dealers shall attach an appropriate label, in the clearly visible position specified in the relevant implementing directive, and in the relevant language version;  (b) the supplier shall supply the necessary labels free of charge, to dealers referred to in paragraph (a). Suppliers are free to choose their own system for delivery of labels. However, where a dealer sends a request for labels, the supplier must  ensure that the requested labels are delivered promptly.  Article 5  Where the relevant appliances are offered for sale, hire or hire-purchase by mail order, by catalogue, or by other means which imply that the potential customer cannot be expected to see the appliance displayed, the implementing directives shall make  provision to ensure that potential customers are provided with the essential information specified in the label or the fiche before buying an appliance.  Article 6  The implementing Directives shall make provision for the inclusion on the label or on the fiche of information on airborne noise, where such information is provided pursuant to Directive 86/594/EEC and of other public information relating to the  relevant appliance, which is provided pursuant to other Community legislation.  Article 7  Member States shall take all necessary measures to ensure that:  (a) all suppliers and dealers established in their territory fulfil their obligations under this Directive;  (b) if this is likely to mislead or confuse, the display of other labels, marks, symbols or inscriptions relating to energy consumption which do not comply with the requirements of this Directive and of the relevant implementing directives is  prohibited. This prohibition shall not apply to Community or national environmental labelling schemes;  (c) the introduction of the system of labels and fiches concerning energy consumption is accompanied by educational and promotional information campaigns aimed at encouraging more responsible use of energy by private consumers.  Article 8  1. Where the provisions of this Directive and of the implementing directives are satisfied, Member States shall neither prohibit nor restrict the placing on the market of the household appliances covered by an implementing directive.  2. Unless they have evidence to the contrary, Member States shall deem labels and fiches to comply with the provisions of this Directive and the implementing directives. They may require suppliers to furnish evidence within the meaning of Article 2 (3)  concerning the accuracy of the information supplied on their labels or fiches when they have reason to suspect it is incorrect.  Article 9  The measures relating to the establishment and operation of the scheme shall be adopted and adapted to technical progress in accordance with the procedure set out in Article 10. These measures are:  (a) the implementing directives;  (b) the addition of further household appliances to the list in Article 1 (1) where significant energy savings are likely to be achieved.  Article 10  The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.  The representative of the Commission shall submit to the committee a draft of the measures to be taken. 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 the majority laid down in Article 148 (2) of the EEC Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.  If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Council has decided against the said measures, by a simple majority.  Article 11  After the expiry of a period of three years from the application of this Directive, the Commission shall make an assessment of the implementation thereof and the results obtained. The assessment shall be the subject of a report to be submitted to the  European Parliament and the Council.  Article 12  The implementing directives shall specify:  (a) the exact definition of the type of appliances to be included;  (b) the measurement standards and methods to be used in obtaining the information referred to in Article 1 (1);  (c) details of the technical documentation required under Article 2 (3);  (d) the design and content of the label referred to in Article 2, which as far as possible shall have uniform design characteristics;  (e) the location where the label shall be fixed to the appliance. Where appropriate they may provide for the label to be attached to or printed on the packaging;  (f) the content and where appropriate the format and other details concerning the fiche or further information specified in Article 3 (2). The information on the label shall also be included on the fiche;  (g) the information to be provided in the case of offers for sale covered by Article 5, and the manner in which it is to be provided.  Article 13  Directive 79/530/EEC is hereby repealed, with effect from 1 January 1994.  Directive 79/531/EEC shall be considered as implementing this Directive for electric ovens; however Member States may refrain from its compulsory introduction, until a date set in a revised implementing directive concerning ovens passed in accordance  with the procedure laid down in Article 10.  Article 14  1. Member States shall adopt the provisions necessary to comply with this Directive by 1 July 1993. They shall immediately notify the Commission of these measures.  They shall bring these provisions into force by not later than 1 January 1994.  2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  3. Member States shall communicate to the Commission the main provisions of domestic law which they adopt in the field covered by this Directive.  Article 15  This Directive is addressed to the Member States.  Done at Brussels, 22 September 1992.  For the Council The President R. NEEDHAM (1) OJ No C 235, 10. 9. 1991, p. 5.(2) OJ No C 125, 18. 5. 1992, p. 172 and OJ No C 241, 21. 9. 1992.(3) OJ No C 49, 24. 2. 1992, p. 32.(4) OJ No L 145, 13. 6. 1979, p. 1.(5) OJ No L 145, 13. 6. 1979, p. 7.(6) OJ No L 344, 6. 12. 1986, p. 24.


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31977L0099

Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products

Official Journal L 026 , 31/01/1977 P. 0085 - 0100 Finnish special edition: Chapter 3 Volume 8 P. 0056  Greek special edition: Chapter 03 Volume 17 P. 0060  Swedish special edition: Chapter 3 Volume 8 P. 0056  Spanish special edition: Chapter 03 Volume 11 P. 0174  Portuguese special edition Chapter 03 Volume 11 P. 0174

COUNCIL DIRECTIVE  of 21 December 1976  on health problems affecting intra-Community trade in meat products  (77/99/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas, since the establishment of the common organization of the markets, meat products may move freely within the Community ; whereas, however, intra-Community trade in these products is curbed by the existence of different health requirements in this sector in the various Member States ; whereas, in order to remove such disparities, it is necessary to substitute common provisions for these national requirements;  Whereas, in order to guarantee the quality of the products in question from the health point of view, it is necessary to use, in their manufacture, only that fresh meat obtained in accordance with the Community standards laid down in Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (2), as last amended by Directive 75/379/EEC (3), Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (4), as last amended by Directive 75/379/EEC, and also Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (5), as last amended by Directive 75/379/EEC ; whereas meat products must be manufactured, stored and transported in conditions offering every guarantee as regards health ; whereas the need for manufacturing and processing establishments to obtain approval is likely to facilitate supervision of compliance with these conditions ; whereas provision should be made for a procedure intended to settle any disputes which may arise between Member States as to the justification of the approval of a manufacturing establishment;  Whereas, moreover, Community control arrangements should be introduced to ensure that the standards laid down in this Directive are applied uniformly in all Member States ; whereas provision should be made for the procedure for such controls to be determined according to a Community procedure within the Standing Veterinary Committee set up by the Council Decision of 15 October 1968 (6);  Whereas provision should be made for the possibility of derogating from certain provisions of this Directive in respect of certain meat products which contain other foodstuffs and which contain a minimal percentage of meat ; whereas these derogations should be made according to a Community procedure within the Standing Veterinary Committee;  Whereas, as regards intra-Community trade, the issue of a health certificate drafted by the competent authority is considered to be the best way of assuring the competent authorities of the country of destination that a consignment of meat products complies with this Directive ; whereas this certificate must accompany the consignment of these products to the place of destination;  Whereas Member States must have the right to prohibit the introduction into their territory of meat products from another Member State which prove unfit for human consumption or do not comply with Community health provisions;  Whereas, in such cases, the consignor should, at his own request or upon request of his representative, be allowed to have the meat products returned to him unless there are health reasons to the contrary;  (1)OJ No C 114, 11.11.1971, p. 40. (2)OJ No 121, 29.7.1964, p. 2012/64. (3)OJ No L 172, 3.7.1975, p. 17. (4)OJ No L 55, 8.3.1971, p. 23. (5)OJ No L 302, 31.12.1972, p. 28. (6)OJ No L 255, 18.10.1968, p. 23.   Whereas, in case of prohibition or restriction, the reasons therefor should be made known to the consignor or his representative and also, in certain cases, to the competent authorities of the exporting country;  Whereas, in the event of a dispute between himself and the authorities of the Member State of destination as to the justification for prohibition or restriction, the consignor should be enabled to obtain the opinion of an expert;  Whereas, in order to facilitate the implementation of the proposed measures, a procedure should be provided for close cooperation between the Member States and the Commission in the Standing Veterinary Committee,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive lays down health requirements for meat products intended for intra-Community trade.   Article 2 1. For the purposes of this Directive, the following definitions shall apply:    (a) meat products : products prepared wholly or partly from meat which has undergone treatment to ensure a certain degree of preservation.  However, meat which has only undergone chilling or freezing shall not be regarded as a meat product.  The following are not covered by this Directive:      (i) meat extracts, meat consommé and stock, meat sauces and similar products not containing fragments of meat;           (ii) whole, broken or crushed bones, meat peptones, animal gelatin, meat powder, pork-rind powder, blood plasma, dried blood, dried blood plasma, cellular proteins, bone extracts and similar products;           (iii) fats melted down from animal tissues;           (iv) stomachs, bladders and intestines, cleaned and bleached, salted or dried;                  (b) meat : meat as defined in:      - Article 1 of Directive 64/433/EEC,           - Article 1 of Directive 71/118/EEC,           - Article 2 of Directive 72/462/EEC;                  (c) fresh meat : fresh meat as defined in Article 1 of Directives 64/433/EEC and 71/118/EEC and Article 2 of Directive 72/462/EEC;       (d) treatment : the treatment of fresh meat, whether or not combined with other foodstuffs, by heating, salting or drying, or a combination or these processes;       (e) complete treatment : treatment the effects of which are sufficient to guarantee the subsequent wholesomeness of the product at normal ambient temperature;       (f) incomplete treatment : treatment which does not meet the requirements laid down for complete treatment in Annex A, Chapter V (27);       (g) heating : use of dry or damp heat;       (h) salting : use of salt (NaCl);       (i) drying : natural or artificial reduction of the water content;       (j) exporting country : the Member State from which meat products are sent to another Member State;       (k) country of destination : the Member State to which meat products are sent from another Member State;       (l) consignment : a quantity of a meat product which is covered by the same health certificate;       (m) wrapping : the protection of meat products by the use of an initial wrapping or initial container in direct contact with the product concerned as well as the initial wrapper or initial container itself;       (n) packaging : the placing of a wrapped or unwrapped meat product or products in a second container, as well as the container itself.         2. Pending the adoption, following submission of a proposal in accordance with Article 9 (2), of provisions regarding meat which is treated by a process other than heating, salting or drying or which has undergone treatment which does not meet the requirements of Annex A, Chapter V (26), such meat shall be subject to the Directives referred to in paragraph 1 (b).   Article 3 1. Each Member State shall ensure that only meat products complying with the following general  conditions are sent from its territory to the territory of another Member State:    (1) they must have been prepared in an establishment approved and inspected in accordance with Article 6;       (2) they must have been prepared, stored and transported in accordance with Annex A;       (3) they must have been prepared from:      (a) fresh meat as defined in Article 2 (1) (c). This fresh meat may originate:        (i) in accordance with Directive 64/433/EEC, in the Member State in which the preparation is carried out or in any other Member State,               (ii) in accordance with Directive 72/462/EEC, in a third country, being imported either directly or by another Member State,               (iii) in accordance with Article 15 of Directive 71/118/EEC, in a third country, in so far as:          - products obtained from this meat fulfil the requirements of this Directive,                   - the health marking laid down in Annex A, Chapter VII, is not carried out on these products,                   - intra-Community trade in these products remains subject to the national provisions of each Member State;                                             (b) a meat product, provided that it meets the requirements of this Directive;                  (4) they must have been prepared by heating, salting or drying, which processes may be combined with smoking or maturing, possibly under specific microclimatic conditions, and associated, in particular, with certain curing agents within the meaning of Article 12. They may also be associated with other foodstuffs and condiments;       (5) they must have been prepared from fresh meat handled in accordance with Annex A, Chapter III;       (6) they must, in accordance with Annex A, Chapter IV, have undergone an inspection carried out by the competent authority ; such inspections may be carried out, in purely routine tasks and in accordance with rules to be defined where necessary under the procedure provided for in Article 18, with the help of aissistants specially trained for the purpose;       (7) they must meet the standards laid down in Annex A, Chapter V;       (8) they must have been wrapped and packaged in accordance with Annex A, Chapter VI, where wrapping and packaging are necessary;       (9) they must bear a health marking in accordance with Annex A, Chapter VII;     (10) they must, in accordance with Annex A, Chapter VIII, be accompanied by a health certificate during transport to the country of destination;  (11) they must be stored and transported to the country of destination under satisfactory health conditions in accordance with Annex A, Chapter IX.         2. Meat products may not have been subjected to ionizing radiation, unless this is justified on medical grounds and unless such procedure is clearly indicated on the product and on the health certificate.   Article 4 1. Meat products which have undergone complete treatment in accordance with Annex A, Chapter V (27), may be stored and transported at normal ambient temperatures.  Products which have been subjected to natural fermentation and maturing for a long period shall be regarded as having undergone complete treatment until the Council, acting, unanimously on a proposal by the Commission, shall have amended the limits given in Annex A, Chapter V (27) (b).  2. For inspection purposes, the producer must ensure that the packaging of meat products which have undergone incomplete treatment bears a clear and legible indication of the temperature at which the products must be transported and stored and the period during which preservation may thus be assured.  3. If necessary, in accordance with the procedure laid down in Article 18, a derogation may be made from paragraph 2 in respect of certain meat products which do not comply with the standards laid down in Annex A, Chapter V (27), subject to certain conditions which shall be verified by the competent authority.   Article 5 Articles 3 and 4 shall not apply to meat products which are imported with the authorization of the  country of destination for uses other than human consumption ; in this case, the country of destination shall ensure that these products are used only for the purposes for which they were dispatched to that country.   Article 6 1. Each Member State shall draw up a list of the establishments approved by it and having a veterinary approval number. It shall send this list to the other Member States and to the Commission.  The Commission shall draw up a list of these approved establishments and shall have it published in the Official Journal of the European Communities.  Without prejudice to Article 8, a Member-State shall not approve an establishment unless compliance with this Directive is assured.  The Member State shall withdraw approval if the conditions for approval are no longer fulfilled.  If a check has been made in accordance with Article 7, the Member State concerned shall take account of the conclusions resulting therefrom.  The other Member States and the Commission shall be informed of the withdrawal of approval.  2. Inspection and supervision of approved establishments shall be carried out under the responsibility of the competent authority which may be assisted in purely technical tasks by personnel specially trained for the purpose.  The detailed rules governing this assistance shall be determined in accordance with the procedure provided for in Article 18.  3. If a Member State considers that the conditions for approval are not or are no longer complied with by an establishment in another Member State, it shall so inform the Commission and the competent central authority of the latter Member State.  4. In the case referred to in paragraph 3, the Commission shall forthwith initiate the procedure laid down in Article 7.  If justified by the conclusions of the inspection report, the Member States may be authorized, in accordance with the procedure laid down in Article 19, to refuse entry to their territory of meat products from the establishment in question.  This authorization may be withdrawn in accordance with the same procedure laid down in Article 19, if such action is justified by the findings of a further expert inspection carried out in accordance with Article 7.   Article 7 Experts of the Member States and of the Commission shall carry out regular inspections of the approved establishments to ensure that the latter in fact apply this Directive, and in particular Annex A, Chapters I and II.  They shall provide the Commission with a report on the results of the inspections carried out.  The Member State in whose territory an inspection is carried out shall give the experts all the necessary help in performing their task.  The experts of the Member States who carry out the inspections shall be designated by the Commission acting upon a proposal from the Member States. They must be nationals of a Member State other than that in which the inspection is carried out and, in the case provided for in Article 6 (3) and (4), other than that of the Member States involved in the dispute.  Inspections shall be carried out on behalf of the Community, which shall bear the cost involved.  The frequency and the detailed rules for these inspections shall be determined in accordance with the procedure laid down in Article 18.   Article 8 1. By way of derogation from the conditions stipulated in Article 3, it may be decided, in accordance with the procedure laid down in Article 18, that some provisions of this Directive shall not apply to certain products which contain other foodstuffs and only a small percentage of meat or meat product.  These exceptions shall relate only to:    (a) the conditions for approval of establishments as laid down in Annex A, Chapter I;       (b) the inspection requirements described in Annex A, Chapters IV and V;       (c) the requirements for a health marking and health certificate as laid down in paragraphs 9 and 10 of Article 3 (1).         When considering whether to allow exception such as those provided for under this Article, both the nature and the composition of the product shall be taken into account.  Notwithstanding the provisions of this Article, the Member States shall ensure that all meat products intended for intra-Community trade are wholesome products prepared from fresh meat or meat products within the meaning of this Directive.   2. The first subparagraph of paragraph 1 shall be implemented for the first time before the date of implementation of this Directive.   Article 9 1. The Council, acting on a proposal from the Commission, shall determine for the first time, before the implementation of this Directive, the provisions applying to fresh meat which has been minced, ground or similarly broken down into small pieces, with the addition of other foodstuffs and condiments.  Pending the entry into force of the provisions thus adopted, this meat shall remain subject to national laws.  2. The Commission shall submit to the Council, before the date of implementation of this Directive, a proposal dealing with the case of products not having undergone treatment and thus not fulfilling the requirements laid down Annex A, Chapter V (26).   Article 10 The methods required in order to check compliance with the standards laid down in Annex A, Chapter V (26) and (27) and the tolerances to be permitted for these standards, shall be established six months before the date of implementation of this Directive in accordance with the procedure laid down in Article 18.  These methods, standards and tolerances may, if necessary, be altered or updated using the same procedure.   Article 11 1. Without prejudice to the powers resulting from Articles 6 and 7, a Member State on whose territory it has been established in the course of a health inspection that:    (a) the meat products imported from another Member State are unfit for human consumption, shall prohibit the marketing of such products within its territory;       (b) Article 3 has not been complied with, may impose such a prohibition.         2. Decisions taken pursuant to paragraph 1 must, at the request of the consignor or his representative, authorize the reconsignment of the meat products, in so far as there are no objections thereto on health grounds. In any event, precautions shall be taken to prevent improper use of these products.  If reconsignment is not possible the products must be destroyed on the territory of the Member State in which the inspection is carried out.  By way of derogation from this provision and at the request of the consignee or his representative, the Member State carrying out the animal health and public health inspections may authorize their entry for use other than for human consumption, to the extent that there is no danger for humans or for animals. These meat products may not leave the territory of that Member State, which must check their destintaion.  These decisions must be communicated to the consignor or his representative together with the reasons for such decisions. These reasoned decisions must, on request, be communicated forthwith in writing, with an indication of the channels of appeal provided for under the current legislation and of their forms and the time limits within which they are open.  3. Where such decisions are based on the establishment of the presence of a contagious disease, deterioration dangerous to human health or a serious infringement of this Directive, they shall also be communicated forthwith, together with the reasons for these decisions, to the competent central authority of the exporting country and to the Commission.   Article 12 Without prejudice to current Community rules on additives authorized for use in foodstuffs, the use of additives in meat products and the detailed rules governing such use shall continue to be subject to national laws until the entry into force of Community provisions on the matter.   Article 13 The Council, acting unanimously on a proposal from the Commission, shall, before 31 December 1978, determine the temperatures to be observed during cutting and initial wrapping as provided for in Annex A, Chapter II (9), and without prejudice to the provisions laid down in Annex A, Chapter III (20).   Article 14 1. The Council, acting on a proposal from the Commission, shall take a unanimous decision on  Community rules relating to the methods of detecting trichinae and also to the cases where such detection is unnecessary.  2. Pending the entry into force of such rules, the Member States' legislation on the detection of trichinae in meat products containing pigmeat shall remain applicable.  3. Pigmeat recognized as trichinous must not be used in the manufacture of meat products intended for intra-Community trade.   Article 15 1. This Directive shall not affect the channels of appeal open under the current legislation in Member States against the decisions of the competent authorities provided for in this Directive.  2. Each Member State shall grant consignors of meat products, the movement of which is prohibited pursuant to Article 11 (1), the right to obtain the opinion of an expert. Each Member State shall ensure that, before the competent authorities take any other measures such as destroying the meat, the experts have an opportunity of determining whether the conditions of Article 11 (1) have been fulfilled.  The expert must be a national of a Member State other than the exporting country or country of destination.  Acting on a proposal from the Member States, the Commission shall draw up a panel list of the experts who may be instructed to formulate such opinions. After consulting the Member States, it shall lay down general rules which are to be applied, in particular as regards the procedure for formulating these opinions.   Article 16 Until the entry into force of Community provisions on problems of animal health affecting intra-Community trade in meat products, national rules shall continue to apply in this field.   Article 17 Pending the implementation of Community provisions concerning imports of meat products from third countries, Member States shall apply to such imports provisions which are at least equivalent to those resulting from this Directive.   Article 18 1. Where the procedure laid down in this Article is to be used, the matter shall be referred without delay to the Standing Veterinary Committee (hereinafter referred to as "the Committee"), set up by the Council Decision of 15 October 1968, by the chairman, either on his own initiative or at the request of a Member State.  2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The Commission representative shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on the measures within a period to be determined by the chairman in keeping with the urgency of the question submitted for examination. Opinions shall be delivered by a majority of 41 votes.  4. The Commission shall adopt the measures and shall implement them immediately, where they are in accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be adopted. The Council shall adopt the measures by a qualified majority.  If the Council has not adopted any measures within three months from the date on which the proposal was submitted to it, the Commission shall adopt the proposed measures and apply them immediately save where the Council has decided against them by a simple majority.   Article 19 1. Where the procedure laid down in this Article is to be used, the matter shall be referred without delay to the Committee by the chairman, either on his own initiative or at the request of a Member State.  2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The Commission representative shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within two days. Opinions shall be delivered by a majority of 41 votes.  4. The Commission shall adopt the measures and shall apply them immediately where they are in  accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be adopted. The Council shall adopt the measures by a qualified majority.  If the Council has not adopted any measures within 15 days from the date on which the proposal was submitted to it, the Commission shall adopt the proposed measures and shall apply them immediately save where the Council has decided against them by a simple majority.   Article 20 Acting on a Commission proposal to be submitted before 1 July 1977, the Council shall adopt before 31 December 1977 the provisions determining who shall be empowered to carry out the supervision and inspections provided for in paragraph 6 of Article 3 (1) and of Articles 4 (3) and 6 (2) and in Annex A, Chapters II, IV, V, VII and VIII.   Article 21 Articles 18 and 19 shall be applicable until 21 June 1981.   Article 22 The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive on 1 July 1979.  However, in the case of those Member States not requiring annual medical check-ups on the date of adoption of this Directive, pursuant to existing veterinary laws, the medical check-up provided for in Annex A, Chapter II (17), shall be obligatory only from 15 February 1980, unless the Council, acting on a proposal by the Commission, decides before 31 December 1979 to postpone that date in the light of the report which the Commission will submit to it.   Article 23 This Directive is addressed to the Member States.     Done at Brussels, 21 December 1976.  For the Council  The President  A.P.L.M.M. van der STEE    ANNEX A CHAPTER I CONDITIONS FOR THE APPROVAL OF ESTABLISHMENTS MANUFACTURING MEAT PRODUCTS    1. Establishments must, throughout the period for which the approval is valid, comprise at least:      (a) suitable rooms large enough for the separate storage:  (i) under refrigeration:        - of fresh meat within the meaning of Article 2 (1) (c),               - of meat other than that referred to in Article 2 (1) (c);                 (ii) at ambient temperature or, where appropriate, under refrigeration:        - of meat products fulfilling the requirements of the Directive,               - of other products prepared wholly or partly from meat;                          (b) facilities enabling the veterinary inspection and supervision operations prescribed by the Directive to be carried out efficiently at any time;            (c) in the vicinity of the work rooms, an adequately equipped lockable room for the exclusive use of the competent authority;           (d) suitable rooms sufficiently large for the preparation of meat products;           (e) a lockable room for the storage of certain ingredients such as condiments;           (f) an installation enabling an adequate supply, under pressure, of potable water only ; however, an installation supplying non-potable water shall be authorized in exceptional cases for steam production, fire-fighting and the cooling of refrigeration equipment, provided that the pipes installed for this purpose preclude the use of this water for other purposes.  Non-potable water pipes must be easily distinguishable from those used for potable water and may not pass through rooms where fresh meat or meat products are worked or stored.  However, for five years from the date of implementation of the Directive, exceptional authorization may be given for non-potable water pipes to pass through rooms containing meat and meat products in establishments carrying on their activities before adoption of the Directive, provided that there are no outlets on the sections of the pipes which pass through the aforesaid rooms;           (g) an installation providing an adequate supply of hot potable water under pressure;           (h) a waste water disposal system which meets hygiene requirements;           (i) an adequate number of changing rooms, wash basins, showers and flush lavatories. The latter shall not open directly on to the work rooms. The wash basins must have hot and cold running water or water premixed to a suitable temperature (from a premixing tap), materials for cleaning and disinfecting the hands and disposable hand towels ; the wash basins must be near the lavatories and must not have hand-operated taps;           (j) facilities meeting hygiene requirements for:        - handling fresh meat and meat products,               - storing the containers used for these products in such a way that neither the fresh meat or meat product nor the containers come into direct contact with the ground;                          (k) proper equipment for protection against pests such as insects and rodents;           (l) a room for final packaging and for dispatch;           (m) special air- and water-tight non-corrodible containers, with lids and fasteners to prevent access by unauthorized persons, for fresh meat, meat products or trimmings thereof not intended for human consumption, or a lockable room for such meat, meat products or trimmings if they are in sufficiently large quantities to necessitate this or if they are not removed or destroyed at the end of each working day;           (n) a room for the storage of cleaning and maintenance tools and products;           (o) a room for cleaning both maintenance and cleaning equipment.                  2. Depending on the type of product involved the establishment must have:      (a) a cutting room;           (b) a room:        - for cooking ; equipment for heat treatment must be fitted with a recording thermometer or telethermometer,               - for retorting ; the retorts must be fitted with a recording thermometer or telethermometer, and a direct-reading control thermometer;                           (c) a room for the rendering down of fats;           (d) a room for smoking;           (e) a room for drying and maturing;           (f) a room for desalting, soaking or otherwise treating natural guts;           (g) a curing room, if necessary with air-conditioning facilities enabling a temperature not exceeding + 10 ºC to be maintained;           (h) a room, if necessary with air-conditioning facilities, for slicing or cutting and for the wrapping of meat products intended for sale in pre-packed form;           (i) a storeroom for empty cans and a device for conveying such cans hygienically to the work room;           (j) an apparatus enabling cans to be thoroughly cleaned immediately before filling;           (k) an apparatus for washing cans in potable water after they are hermetically sealed and before retorting;           (l) facilities for the incubation of samples of meat products in hermetically sealed containers.             However, provided that the equipment used can have no deleterious effect on the fresh meat and meat products, the same room may be used for the operations to be carried out in the separate rooms referred to in (b), (c), (d) and (e).       3. The rooms referred to in 1 (a) and 2 (b) to (i) must have:      - waterproof flooring which is easy to clean and disinfect, rotproof and laid in such a way as to facilitate the draining of water,           - smooth walls with light-coloured washable coating or paint up to a height of at least 2 m and with rounded angles and corners.                  4. The rooms referred to in 1 (d) and 2 (a) must comprise:      - waterproof flooring which is easy to clean and disinfect, rotproof, and laid in such a way as to facilitate the draining of water ; the water must be channelled under cover towards drains fitted with traps and gratings,           - smooth walls with light-coloured washable coating or paint up to storage height and at least up to 2 m and with rounded angles and corners.                 5. Rooms where work on fresh meat and meat products is undertaken must have at least:      - adequate ventilation and if necessary, good extraction of steam,           - adequate natural or artificial lighting which does not distort colours;           - equipment, which must be as near as possible to the work stations, for cleaning and disinfecting hands and working materials. Taps may not be hand-operable. For washing hands, these facilities must have hot and cold running water or water premixed to a suitable temperature (from a premixing tap), cleaning and disinfecting products and disposable hand towels. For cleaning tools, the temperature of the water must be not less than + 82 ºC,           - instruments and working equipment such as cutting tables, tables with detachable cutting surfaces, containers, conveyor belts and saws, of non-corrodible material, not liable to taint meat and easy to clean and disinfect. The use of wood in particular is forbidden.                         CHAPTER II HYGIENE REQUIREMENTS FOR STAFF, ROOMS, EQUIPMENT AND INSTRUMENTS IN ESTABLISHMENTS    6. The highest possible standard of cleanliness shall be required of staff, rooms, equipment and instruments.      (a) All persons entering rooms in which work on fresh meat and meat products is undertaken must, in particular, wear clean, light-coloured and easy-to-wash working clothes and headgear with, where necessary, a neck shield. Staff engaged in manufacture shall wash and disinfect their hands several times during each working day, each time they resume work, and when their hands have been soiled. Smoking shall be forbidden in work rooms and storerooms.           (b) No animals shall be allowed inside the establishment. Rodents, insects and any other vermin must be systematically destroyed.           (c) Equipment and instruments used in manufacture must be carefully cleaned and disinfected several times during each working day, at the end of the day's work and before being used again, if they have been contaminated.  However, continuous production machines should only be cleaned when work has been finished or in cases where contamination is suspected.                  7. Rooms, instruments and working equipment must be used only for the preparation of meat products.  However, they may be used for the preparation of other foodstuffs either simultaneously or at different times following authorization by the competent authority, provided that all appropriate measures are taken to prevent contamination or adverse changes in the products covered by this Directive.       8. Fresh meat and meat products, their ingredients and containers shall not:      - come into direct contact with the ground,           - be deposited or handled under conditions which might contaminate them.             Care must be taken to ensure that there is no contact between raw materials and finished products.       9. While they are in use, the rooms referred to in 2 (g) and (h) must be kept at a temperature not exceeding + 10 ºC.       10. The temperature laid down in 9 may be disregarded if the competent authority agrees and if it considers it permissible to do so in order to fulfil technical conditions of preparation.       11. Cans and similar containers must be thoroughly cleaned immediately before filling by means of the cleaning apparatus referred to in 2 (j).       12. If necessary, cans and similar containers must be washed in potable water, after they are hermetically sealed and before retorting, by means of the apparatus referred to in 2 (k).       13. Products for maintenance and cleaning must be kept in rooms provided for this purpose.       14. The use of detergents, disinfectants and pesticides must not affect the wholesomeness of the fresh meat or meat products.        15. Potable water must be used for all purposes including in the retorts. However, non-potable water may in exceptional cases be used in closed circuit for steam production, fire-fighting and the cooling of refrigeration equipment, provided that the pipes installed for this purpose preclude the use of this water for other purposes.       16. Persons who may contaminate fresh meat and meat products shall be prohibited from working on or handling them, in particular, persons:      (a) suffering from or suspected of suffering from typhoid fever, paratyphoid A and B, infectious enteritis (salmonellosis), dysentery, infective hepatitis, scarlet fever, or who are carriers of these diseases;           (b) suffering from or suspected of suffering from infectious tuberculosis;           (c) suffering from or suspected of suffering from an infectious skin disease;           (d) exercising at the same time an activity which might cause microbial contamination of the fresh meat or meat products;           (e) wearing a bandage on the hands, other than a waterproof dressing protecting a non-infected wound.                  17. A medical certificate shall be required from every person working on fresh meat or meat products. It shall attest that there is no impediment to such employment ; it shall be renewed annually and each time the competent authority so requests ; it shall be kept at the disposal of the latter.            CHAPTER III REQUIREMENTS FOR FRESH MEAT TO BE USED FOR THE MANUFACTURE OF MEAT PRODUCTS    18. Fresh meat which comes from a slaughterhouse, cutting establishment, cold store or another processing establishment in the same country as the establishment concerned must be transported to it under satisfactory sanitary conditions in accordance with the provisions of the Council Directives referred to in Article 2 (1) (b) except those on sealing.       19. Meat which does not comply with the conditions of Article 2 (1) (c) may be held in approved establishments only if stored in separate places ; it must be used in other places or at other times than meat which does comply with these conditions. The competent authority must at all times have free access to cold stores and to all work rooms in order to verify strict observance of these provisions.       20. As soon as it arrives at the establishment and until it is used, fresh meat intended for the manufacture of meat products must be stored in a room where it is kept at a constant internal temperature of not more than + 7 ºC ; however, for offal the temperature shall be not more than + 3 ºC and for poultrymeat not more than + 4 ºC.            CHAPTER IV SUPERVISION OF PRODUCTION    21. Establishments shall be subject to supervision by a competent authority who must be given due notice before work on meat products intended for intra-Community trade is undertaken.        22. Constant supervision by the competent authority shall include the following:      - inspection of the entry and exit register for fresh meat and meat products,           - sanitary inspection of fresh meat intended for the manufacture of meat products for intra-Community trade and, in the case referred to in paragraph 3 (b) of Article 3 (1), of meat products,           - inspection of meat products on dispatch from the establishment;           - filling in and issuing the health certificate provided for in 34,           - verification of the cleanliness of the premises, facilities and instruments and of staff hygiene as provided for in Chapter II,           - taking of any samples required for laboratory tests,           - any supervision measures considered necessary by the competent authority to ensure compliance with this Directive.             The results of such tests shall be recorded in a register.       23. In the manufacture of meat products in hermetically sealed containers the competent authority must ensure that:      - the producer samples the daily output, at intervals determined in advance, to ensure the efficacy of the sealing,           - the producer uses control markers to check that the containers have in fact undergone suitable heat-treatment,           - products in hermetically sealed containers are removed from the heating equipment at a sufficiently high temperature to ensure rapid evaporation of humidity and are not touched by hand until completely dry.                  24. The results of the various processing controls and tests carried out by the producer must be kept for presentation on request to the competent authority.            CHAPTER V CHECK ON THE EFFECTIVENESS OF TREATMENTS    25. The competent authority must check the effectiveness of the treatment of meat products, if necessary by taking samples, to ensure that:      - the products have undergone treatment as defined in Article 2 (1) (d),           - the treatment may be considered as complete within the meaning of Article 2 (1) (e) or incomplete in accordance with Article 2 (1) (f).                  26. A product has been treated within the meaning of Article 2 (1) (d) when either the aw value is less than 0 797 or the cut surface shows that the product no longer has the characteristics of fresh meat.        27. A product has undergone complete treatment:      (a) if it has undergone heat treatment in a hermetically sealed container, when the Fo value exceeds or equals 3 700 or, in Member States in which this value is not customarily applied when the check on the treatment has been carried out by means of a seven-day incubation test at 37 ºC or a 10-day test at 35 ºC;           (b) if it has undergone a treatment other than that referred to in (a), when:        (i) the aw value does not exceed 0 795 and the pH does not exceed 5 72,               (ii) or the aw value does not exceed 0 791,               (iii) or the pH value is less than 4 75.                        If the conditions referred to in (a) and (b) are not fulfilled in the treatment, the product shall be regarded as having undergone incomplete treatment.             CHAPTER VI WRAPPING AND PACKAGING OF MEAT PRODUCTS    28. Wrapping and packaging must take place under satisfactory hygienic conditions in rooms intended for this purpose.       29. Wrapping and packaging must comply with all rules of hygiene, including the following:      - it must not be such as to alter the organoleptic characteristics of the meat products,           - it must not be capable of transmitting to the meat products substances harmful to human health,           - it must be strong enough to protect the meat products adequately.                  30. Wrappings may not be re-used for meat products, with the exception of certain special types of earthenware-which may be re-used after cleaning and disinfecting.            CHAPTER VII HEALTH MARKING    31. Meat products must be marked. This marking must be carried out under the responsibility of the competent authority during or immediately after manufacture in an easily visible place. The mark must be legible, indelible and its characters easily distinguishable.       32. However:      (a) where the meat product is individually wrapped and packaged, it shall suffice for the health mark to be put on the packaging;           (b) where the meat products are to be dispatched in a second container the mark must also be put on that second container;           (c) the health marking may also consist of an irremovable disc of resistant material complying fully with hygiene requirements and bearing the information specified in 33 (a).                   33.      (a) The health mark must give the following particulars within an oval surround:  - above:  the initial(s) of the exporting country in capitals, i.e. B - D - DK - F - IRL - I - L - NL - UK, followed by the approval number of the establishment;  - below:  one of the following sets of initials : CEE - EEG - EWG - EEC - EØF.                     (b) The health mark may be applied to the product, wrapping or packaging by inking or branding, or it may be printed on or applied to a label. The mark must be destroyed when the package is opened. Non-destruction of this mark may be tolerated only when the package is destroyed on being opened.                      CHAPTER VIII HEALTH CERTIFICATE    34. The original copy of the health certificate which must accompany meat products during their transportation to the country of destination must be issued by the competent authority at the time of loading.  It must correspond in form and content to the model in Annex B. It must be written at least in the language(s) of the country of destination and must be supplemented by the particulars specified. It must be drawn up on a single sheet of paper.            CHAPTER IX STORAGE AND TRANSPORT    35. Meat products intended for intra-Community trade must be stored in the premises referred to in 1 (a).       36. Meat products for which certain storage temperatures are indicated in accordance with Article 4 must be maintained at these temperatures.       37. Meat products must be dispatched in such a way that they are adequately protected during transportation from anything which may de detrimental to them or contaminate them, taking into account the length of the journey, the means of transport and the weather conditions.       38. Meat products must be transported in vehicles equipped to enable them to be transported when necessary under refrigeration, the temperatures indicated in accordance with Article 4 not being exceeded.           ANNEX B >PIC FILE= "T0010678""PIC FILE= "T0010679">