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31972L0280

Council Directive 72/280/EEC of 31 July 1972 on the statistical surveys to be made by Member States on milk and milk products

Official Journal L 179 , 07/08/1972 P. 0002 - 0004 Finnish special edition: Chapter 3 Volume 4 P. 0236  Danish special edition: Series I Chapter 1972(III) P. 0798  Swedish special edition: Chapter 3 Volume 4 P. 0236  English special edition: Series I Chapter 1972(III) P. 0839  Greek special edition: Chapter 03 Volume 8 P. 0101  Spanish special edition: Chapter 03 Volume 6 P. 0061  Portuguese special edition Chapter 03 Volume 6 P. 0061

COUNCIL DIRECTIVE  of 31 July 1972  on the statistical surveys to be made by Member States on milk and milk products  (72/280/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 209 thereof;  Having regard to the proposal from the Commission:  Having regard to the Opinion of the European Parliament;  Whereas in order to carry out its duties under the Treaty and under Community provisions on the common organization of the market in milk and milk products the Commission needs precise information about the production and use of milk and regular, specific, short-term information about the delivery of milk to undertakings or establishments which treat or process milk and about the production of milk products in the Member States of the Community;  Whereas the information at present available to the Member States is insufficient for a precise, uniform, short-term observation of the market;  Whereas surveys on the production and use of milk on the farm should be conducted in accordance with uniform criteria and in greater detail, and monthly surveys should be made in all Member States in the undertakings or establishments which process milk;  Whereas, in order to obtain comparable results, common criteria should be fixed as regards the scope of the survey, the characteristics to be noted and the survey procedure;  Whereas the results of these surveys cannot be effectively utilized at Community level unless they are available on the same dates;  Whereas, in order for the Commission to have current data rapidly available, weekly information on the quantities of butter and skimmed milk powder produced should be supplied in addition to the monthly results;  Whereas it should be laid down that in accordance with a Community procedure the application of the provisions of this Directive may be the subject of provisional measures until the end of 1973 and that certain regions need not communicate weekly information;  Whereas, in order to give the Commission an overall view of the development of the milk industry, it is necessary to draw up, in accordance with uniform criteria, detailed annual estimates regarding the use of milk;  Whereas every few years certain structural details of the undertakings or establishments which process milk should be reviewed;  Whereas in order to ensure that statistics are continuously adopted to economic conditions it is necessary to review annually and, where necessary, to amend the list of products to be surveyed and the tables to be completed;  Whereas the procedure to be followed by the Standing Committee for Agricultural Statistics set up by the Council Decision 1 of 31 July 1972 should be laid down, so as to ensure that when this Directive is applied cooperation between Member States and the Commission will be as effective as possible;  Whereas the financial contribution of the Community towards expenses incurred during the first three years by Member States when conducting surveys provided for by this Directive should be specified;  1OJ No L 179, 7.8.1972, p. 1.   HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Member States:    (a) shall conduct surveys with the groups specified in Article 2 into the factors specified in Article 4 and shall inform the Commission of the weekly, monthly, annual and triennial results;       (b) shall carry out an annual survey of milk production and its use on farms.         2. The surveys shall, without prejudice to the provisions of Article 4 (4), be conducted for the first time in January 1973.  However, where there is serious difficulty in implementing this Directive on the date laid down, provisional measures shall be adopted in accordance with the procedure laid down in Article 7 ; they shall apply until 31 December 1973 at the latest.   Article 2 The surveys mentioned in Article 1 (1) (a) shall cover:    1. the undertakings or establishments whose activities fall within Group 413 "Milk industry" of the NACE ; agricultural cooperatives shall be considered as belonging to this group;       2. farms which have technical processing equipment like that of the undertakings or establishments referred to in 1 and which process the milk which they produce and transfer or sell manufactured products to other parties ; the following shall be laid down in accordance with the procedure provided for in Article 7:      (a) the type of farms to be used, account being taken of their size;           (b) information to be given about these farms;                  3. the undertakings or establishments which collect milk or cream in order to transfer them in whole or in part without any processing to the groups referred to in 1 ; Member States shall take all measures necessary to prevent any duplication of results.          Article 3 1. For the purposes of this Directive, "milk" means the milk of cows, ewes, goats and buffaloes. The weekly and monthly surveys provided for in Article 4, 1 and 2 shall cover only milk from cows.  2. The list of milk products covered by the survey shall be adopted in accordance with the procedure laid down in Article 7 on the basis of the products listed in Regulation (EEC) No 804/68 1 if they are produced in the undertakings or the establishments referred to in Article 2 ; this list may be amended in accordance with the same procedure.  3. The standard definitions for the units of weight of the different products to be used when the results are given shall be drawn up in accordance with the procedure laid down in Article 7.   Article 4 The surveys referred to in Article 1 (1) (a) must be such as to enable at least the information mentioned in 1 to 4 below to be given. The questionnaires must be drawn up so as to avoid duplication.  The information shall deal with:    1. Every week:  the quantities of butter and skimmed milk powder produced;       2. Every month:      (a) the quantity and fat content of the milk and cream collected;           (b) the quantity of fresh milk products processed and available for delivery to the consumer;           (c) the quantity of other manufactured milk products;                  3. Every year:      (a) the quantity and fat content of the milk and cream collected. The information must be given separately for each of the territorial divisions listed below and deal with the establishments which have been set up there: >PIC FILE= "T0010831">            (b) the quantity of fresh milk products treated and available for delivery to the consumer and other processed milk products, subdivided according to variety;  1OJ No L 148, 28.6.1968, p. 13.            (c) the comprehensive estimate of the use of raw materials in the form of whole milk, skimmed milk and fats. This includes in production of milk products, redelivery to producers and other uses. Member States which use standard yields in the calculation of this estimate may continue with this procedure. The standard yields must be checked at regular intervals;                  4. Every three years:  the number of survey groups listed in Article 2 in order of size ; the first information to be supplied shall refer to the situation on 31 December 1973.          Article 5 1. Without prejudice to the second subparagraph the surveys mentioned in Article 1 (1) (a) shall be carried out very thoroughly.  Member States may confine the weekly surveys in accordance with Article 4 (1) to a representative cross-section of the undertakings or establishments.  Moreover, in accordance with the procedure laid down in Article 7a decision may be made not to apply the provisions governing the weekly surveys for transitional periods to be determined in the Community regions where weekly information is not used on the day when this Directive enters into force.  Where necessary, a decision may be taken in accordance with the same procedure not to apply the provisions concerning weekly surveys in certain Community regions.  2. Member States shall take all measures necessary to obtain comprehensive and sufficiently accurate results. They shall notify the Commission of all information which enables the accuracy of the results to be assessed.   Article 6 1. Information tables shall be prepared in accordance with the procedure laid down in Article 7. These tables may be amended in accordance with the same procedure once a year and at the latest eight months before the beginning of the new calendar year.  2. The Member States shall send to the Commission as soon as possible after summarizing the information and at the latest:    (a) ten days after the end of the return week, the weekly results referred to in Article 4 (1);       (b) forty-five days after the end of the return month, the monthly results referred to in Article 4 (2);       (c) in the April of the year following the return year:      - the annual results referred to in Article 4 (3) (a) and (b),           - the results of the surveys referred to in Article 1 (1) (b);                  (d) in the June of the year following the return year, the annual results referred to in Article 4 (3) (c);       (e) in the September of the year following that of the return date, the results referred to in Article 4 (4).         3. The Commission shall collect the information sent by the Member States and notify them of the overall results.   Article 7 1. Where the procedure laid down in this Article is to be followed, the Chairman shall refer the matter to the Standing Committee for Agricultural Statistics established by the Council Decision of 31 July 1972 (hereinafter called the "Committee"), either on his own initiative or at the request of a representative of a Member State.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall give its Opinion on this draft within a time limit to be set by the Chairman in accordance with the urgency of the question. It shall act by a majority of twelve votes and the votes of Member States shall be weighted as laid down in Article 148 (2) of the Treaty. The Chairman shall not vote.  3.    (a) The Commission shall adopt the proposed measures when they are in accordance with the Opinion of the Committee.       (b) When the proposed measures are not in accordance with the Opinion of the Committee or in the absence of any Opinion the Commission shall immediately submit to the Council a proposal for the measures to be taken. The Council shall decide by a qualified majority vote.        (c) If after three months no decision has been taken by the Council the proposed measures shall be adopted by the Commission.         Article 8 The expenditure incurred by Member States when the surveys are carried out in 1973, 1974 and 1975 shall be debited from the funds set aside for this purpose in the budget of the European Communities.   Article 9 This directive is addressed to the Member States.     Done at Brussels, 31 July 1972.  For the Council  The President  T. WESTERTERP


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31984L0168

Council Directive 84/168/EEC of 28 February 1984 amending Directive 75/275/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Netherlands)

Official Journal L 082 , 26/03/1984 P. 0065 - 0066

+++++( 1 ) OJ NO L 128 , 19 . 5 . 1975 , P . 1 .  ( 2 ) OJ NO L 327 , 24 . 11 . 1982 , P . 19 .  ( 3 ) OJ NO C 206 , 2 . 8 . 1983 , P . 6 .  ( 4 ) OJ NO C 307 , 14 . 11 . 1983 , P . 102 .  ( 5 ) OJ NO L 128 , 19 . 5 . 1975 , P . 229 .  ( 6 ) OJ NO L 321 , 10 . 11 . 1981 , P . 22 .  COUNCIL DIRECTIVE OF 28 FEBRUARY 1984 AMENDING DIRECTIVE 75/275/EEC CONCERNING THE COMMUNITY LIST OF LESS-FAVOURED FARMING AREAS WITHIN THE MEANING OF DIRECTIVE 75/268/EEC ( NETHERLANDS ) ( 84/168/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DIRECTIVE 75/268/EEC OF 28 APRIL 1975 ON MOUNTAIN AND HILL FARMING AND FARMING IN LESS-FAVOURED AREAS ( 1 ) , AS LAST AMENDED BY DIRECTIVE 82/786/EEC ( 2 ) , AND IN PARTICULAR ARTICLE 2 ( 2 ) THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 3 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 4 ) ,  WHEREAS DIRECTIVE 75/275/EEC ( 5 ) , AS LAST AMENDED BY DIRECTIVE 81/875/EEC ( 6 ) , INDICATES WHICH AREAS IN THE NETHERLANDS ARE INCLUDED IN THE COMMUNITY LIST OF LESS-FAVOURED AREAS WITHIN THE MEANING OF ARTICLE 3 ( 5 ) OF DIRECTIVE 75/268/EEC ;  WHEREAS THE NETHERLANDS GOVERNMENT HAS APPLIED , UNDER ARTICLE 2 ( 1 ) OF DIRECTIVE 75/268/EEC , TO HAVE THE COMMUNITY LIST OF AREAS SET OUT IN THE ANNEX TO DIRECTIVE 75/275/EEC AMENDED IN ACCORDANCE WITH THE ANNEX TO THIS DIRECTIVE ;  WHEREAS THE NEW AREAS APPEARING ON THE LIST CORRESPOND TO THE CRITERIA AND VALUES APPLIED PURSUANT TO DIRECTIVE 75/275/EEC FOR DETERMINING THE AREAS CONCERNED WITHIN THE MEANING OF ARTICLE 3 ( 5 ) OF DIRECTIVE 75/268/EEC ;  WHEREAS , MOREOVER , THE TOTAL EXTENT OF THESE AREAS DOES NOT EXCEED 2,5 % OF THE TOTAL AREA OF THE NETHERLANDS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THIS LIST OF LESS-FAVOURED AREAS IN THE NETHERLANDS WHICH APPEARS IN THE ANNEX TO DIRECTIVE 75/275/EEC IS HEREBY REPLACED BY THE LIST SET OUT IN THE ANNEX TO THIS DIRECTIVE .  ARTICLE 2  THIS DIRECTIVE IS ADDRESSED TO THE KINGDOM OF THE NETHERLANDS .  DONE AT BRUSSELS , 28 FEBRUARY 1984 .  FOR THE COUNCIL  THE PRESIDENT  M . ROCARD  BIJLAGE - BILAG - ANHANG - ] ( . . . ) - ANNEX - ANNEXE - ALLEGATO  PROBLEEMGEBIEDEN IN DE ZIN VAN ARTIKEL 3 , LID 5 , VAN RICHTLIJN 75/268/EEG  PROVINCIES * AANTAL GEBIEDEN * OPPERVLAKTE ( HA )  GRONINGEN * 1 * 40  FRIESLAND * 10 * 2 897  DRENTE * 9 * 2 310  OVERIJSSEL * 9 * 2 311  GELDERLAND * 12 * 2 095  UTRECHT * 3 * 592  NOORD-HOLLAND * 3 * 1 080  ZUID-HOLLAND * 7 * 2 490  ZEELAND * 11 * 677  NOORD-BRABANT * 10 * 3 032  LIMBURG * 4 * 1 337  NEDERLAND * 79 * 18 861


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31980L1266

Council Directive 80/1266/EEC of 16 December 1980 on future cooperation and mutual assistance between the Member States in the field of air accident investigation

Official Journal L 375 , 31/12/1980 P. 0032 - 0033 Finnish special edition: Chapter 7 Volume 2 P. 0185  Greek special edition: Chapter 13 Volume 10 P. 0103  Swedish special edition: Chapter 7 Volume 2 P. 0185  Spanish special edition: Chapter 07 Volume 2 P. 0273  Portuguese special edition Chapter 07 Volume 2 P. 0273

COUNCIL DIRECTIVE  of 16 December 1980  on future cooperation and mutual assistance between the Member States in the field of air accident investigation  (80/1266/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,  Whereas the technical complexity of large modern aircraft is constantly increasing ; whereas, pursuant to Chapter 5 of Annex 13 to the International Civil Aviation Convention, it is incumbent upon the Contracting States to have accidents involving such aircraft investigated immediately at the request of the competent Member States by independent experts from a wide range of specialized technical and operational fields;  Whereas not all Member States are able to keep permanently or fully available the specialist staff and appropriate technical facilities required for investigating major accidents;  Whereas the homogeneous technical development of and the uniform performance standards in aviation in the Member States make it possible for them to cooperate in the investigation and prevention of air accidents;  Whereas more than 90 % of accidents involve aircraft of up to and including 5 700 kg maximum permissible take-off weight and whereas it is advisable for air safety and for the prevention of accidents that such accidents also form the subject of an exchange of information,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. In the event of an accident involving a civil aircraft, each Member State shall, by way of mutual assistance, endeavour to make available, on request by the Member State conducting the investigation, within the limits of its possibilities and as appropriate:    (a) installations, facilities and equipment owned by its authorities for:      - the technical investigation of wreckage and aircraft equipment and other objects relevant to the investigation,           - the evaluation of information from flight parameter recorders and communications and sound-alarm recorders in the cockpit,           - and the computer storage and evaluation of air accident data;                  (b) accident investigation experts to undertake specific tasks, but only where an investigation is opened following a major accident.         2. Such mutual assistance should be given, as far as possible, free of charge.   Article 2 Member States shall periodically inform one another of incidents not resulting in accidents and of the results of investigations of accidents involving aircraft of a maximum permissible take-off weight up to and including 5 700 kg provided that such results are available in a form corresponding to that of the accident/incident data reporting form drawn up by the International Civil Aviation Organization.   Such information and such results shall be exchanged in so far as they contribute to the improvement of air safety and accident prevention.   Article 3 After consulting the Commission, Member States shall adopt the measures necessary for the implementation of this Directive with effect from 1 July 1981.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 16 December 1980.  For the Council  The President  Colette FLESCH


title: Commission Directive 2007/11/EC of 21 February 2007 amending certain Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for acetamiprid, thiacloprid, imazosulfuron, methoxyfenozide, S-metholachlor, milbemectin and tribenuron (Text with EEA relevance )

text:
               1.3.2007

               EN

               Official Journal of the European Union

               L 63/26

      COMMISSION DIRECTIVE 2007/11/EC
   of 21 February 2007
   amending certain Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for acetamiprid, thiacloprid, imazosulfuron, methoxyfenozide, S-metholachlor, milbemectin and tribenuron
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), and in particular Article 10 thereof,
   Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (2), and in particular Article 10 thereof,
   Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (3), and in particular Article 7 thereof,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (4), and in particular Article 4(1)(f) thereof,
   Whereas:

               (1)

               The existing active substance tribenuron has been included in Annex I to Directive 91/414/EEC by Commission Directive 2005/54/EC (5).

               (2)

               The following new active substances have been included in Annex I to Directive 91/414/EEC: acetamiprid and thiacloprid by Commission Directive 2004/99/EC (6), imazosulfuron, methoxyfenozide, and S-metholachlor by Commission Directive 2005/3/EC (7), and milbemectin by Commission Directive 2005/58/EC (8).

               (3)

               The inclusion in Annex I to Directive 91/414/EEC of the active substances concerned was based on the assessment of the information submitted concerning the proposed use. Information relating to this use has been submitted by certain Member States in accordance with Article 4(1)(f) of that Directive. The information available has been reviewed and is sufficient to allow certain maximum residue levels (MRLs) to be fixed.

               (4)

               Where no Community MRL or provisional MRL exists, Member States are to establish a national provisional MRL in accordance with Article 4(1)(f) of Directive 91/414/EEC before plant protection products containing these active substances may be authorised.

               (5)

               The Commission review reports which were prepared for the inclusion in Annex I to Directive 91/414/EEC of the active substances concerned, fixed the Acceptable Daily Intake (ADI) and if necessary, the Acute Reference Dose (ARfD) for those substances. The exposure of consumers of food products treated with the active substance concerned has been assessed and evaluated in accordance with Community procedures. Account has also been taken of guidelines published by the World Health Organisation (9) and the opinion of the Scientific Committee for Plants (10) on the methodology employed. It has been concluded that the MRLs proposed will not lead to those ADIs or ARfD being exceeded.

               (6)

               In order to ensure that the consumer is adequately protected from exposure to residues resulting from unauthorised uses of plant protection products, provisional MRLs should be set for the relevant product/pesticide combinations at the lower limit of analytical determination.

               (7)

               The setting at Community level of such provisional MRLs does not prevent the Member States from establishing provisional MRLs for the substances concerned in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI to that Directive. It is considered that a period of four years is sufficient to permit the development of further uses of the active substance concerned. The provisional MRL should then become definitive.

               (8)

               It is therefore necessary to modify the MRLs set out in the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC, to allow for proper surveillance and control of the prohibition of their uses and to protect the consumer. Where MRLs have already been defined in the Annexes to those Directives, it is appropriate to amend them. Where MRLs have not already been defined, it is appropriate to set them for the first time.

               (9)

               Directives 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.

               (10)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
   Article 2
   Directive 86/363/EEC is amended in accordance with Annex II to this Directive.
   Article 3
   Directive 90/642/EEC is amended in accordance with Annex III to this Directive.
   Article 4
   1.   Member States shall adopt and publish, by 1 September 2007 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 2 September 2007.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 5
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 21 February 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2006/92/EC (OJ L 311, 10.11.2006, p. 31).

      (2)  OJ L 221, 7.8.1986, p. 43. Directive as last amended by Commission Directive 2006/62/EC (OJ L 206, 27.7.2006, p. 27).

      (3)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2006/92/EC.

      (4)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/136/EC (OJ L 349, 12.12.2006, p. 42).

      (5)  JO L 244, 20.9.2005, p. 21.

      (6)  OJ L 309, 6.10.2004, p. 6.

      (7)  OJ L 20, 22.1.2005, p. 19.

      (8)  OJ L 246, 22.9.2005, p. 17.

      (9)  Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).

      (10)  Opinion of the Scientific Committee on Plants regarding questions relating to amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the Scientific Committee on Plants, 14 July 1998) (http://europa.eu.int/comm/food/fs/sc/index_en.html).

      ANNEX I
      In Part A of Annex II to Directive 86/362/EEC, the following lines for acetamiprid, thiacloprid, imazosulfuron, methoxyfenozide, S-metholachlor, milbemectin, thiacloprid and tribenuron are added:

                     Pesticide residues

                     Maximum levels in mg/kg

                     ‘Acetamiprid

                     0,01 (1)
                         (2)

                     Cereals

                     Imazosulfuron

                     0,01 (1)
                         (2)

                     Cereals

                     Methoxyfenozide

                     0,05 (1)
                         (2)

                     Cereals

                     Metholachlor including other mixtures of constituent isomers including S-metolachlor (Sum of isomers)

                     0,05 (1)
                         (2)

                     Cereals

                     Milbemectin

                     0,05 (1)
                         (2)

                     Cereals

                     Thiacloprid

                     0,02 (1)
                         (2)

                     Cereals

                     Tribenuron — methyl

                     0,01 (1)
                         (2)

                     Cereals

         (1)  Indicates lower limit of analytical determination.

         (2)

                  (p)

                  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 21 March 2011.’

      ANNEX II
      In Part A of Annex II to Directive 86/363/EEC, the following lines for acetamiprid, methoxyfenozide and thiachloprid are added:

                     Maximum levels in mg/kg

                     Pesticide residues

                     of meat, including fat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex 0201,0202, 0203, 0204, 0205 00 00, 0206, 0207, ex 0208, 0209 00, 0210, 1601 00 and 1602

                     for milk and milk products listed in Annex I under headings Nos 0401, 0402, 0405 00 and 0406

                     of shelled fresh eggs, for bird's eggs and egg yolks listed in Annex I under headings Nos 0407 00 and 0408

                     ‘Acetamiprid and IM-2-1 metabolite

                     meat 0,05 (1)
                         (2); liver 0,1 (2); kidney 0,2 (2); fat 0,05 (1)
                         (2); others 0,05 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,05 (1)
                         (2)

                     Methoxyfenoxide

                     0,01 (1)
                         (2)

                     0,01 (1)
                         (2)

                     0,01 (1)
                         (2)

                     Thiacloprid

                     meat 0,05 (2); liver 0,3 (2); kidney 0,3 (2); fat 0,05 (2); others 0,01 (1)
                         (2)

                     0,03 (2)

                     0,01 (1)
                         (2)

         (1)  Indicates lower limit of analytical determination.

         (2)

                  (p)

                  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 21 March 2011.’

      ANNEX III
      In Part A of Annex II to Directive 90/642/EEC, the following lines for acetamiprid, thiacloprid, imazosulfuron, methoxyfenozide, S-metholachlor, milbemectin, and tribenuron are added:

                     Pesticide residue and maximum residue level (mg/kg)

                     Groups and examples of individual products to which the MRLs apply

                     Acetamiprid

                     Imazosulfuron

                     Methoxyfenozide

                     Sum of MA4 + 8,9Z-MA4, expressed as milbemectin

                     Metholachlor including other mixtures of constituent isomers including S-metolachlor (Sum of isomers)

                     Thiacloprid

                     Tribenuron — methyl

                                 ‘1.

                                 Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts

                     0,01 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,01 (1)
                         (2)

                                 (i)

                                 CITRUS FRUIT

                     1 (2)

                     1 (2)

                     0,05 (1)
                         (2)

                     0,02 (1)
                         (2)

                     Grapefruit

                     Lemons

                     Limes

                     Mandarins (including clementines and other hybrids)

                     Oranges

                     Pomelos

                     Others

                                 (ii)

                                 TREE NUTS (shelled or unshelled)

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,1 (1)
                         (2)

                     0,02 (1)
                         (2)

                     Almonds

                     Brazil nuts

                     Cashew nuts

                     Chestnuts

                     Coconuts

                     Hazelnuts

                     Macadamia

                     Pecans

                     Pine nuts

                     Pistachios

                     Walnuts

                     Others

                                 (iii)

                                 POME FRUIT

                     0,1 (2)

                     2 (2)

                     0,05 (1)
                         (2)

                     0,3 (2)

                     Apples

                     Pears

                     Quinces

                     Others

                                 (iv)

                                 STONE FRUIT

                     0,05 (1)
                         (2)

                     Apricots

                     0,1 (2)

                     0,3 (2)

                     Cherries

                     0,2 (2)

                     0,3 (2)

                     Peaches (including nectarines and similar hybrids)

                     0,1 (2)

                     0,3 (2)

                     0,3 (2)

                     Plums

                     0,02

                     0,1 (2)

                     Others

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,02 (1)
                         (2)

                                 (v)

                                 BERRIES AND SMALL FRUIT

                     0,01 (1)
                         (2)

                     0,05 (1)
                         (2)

                                 (a)

                                 Table and wine grapes

                     1 (2)

                     0,02 (1)
                         (2)

                     Table grapes

                     Wine grapes

                                 (b)

                                 Strawberries (other than wild)

                     0,02 (1)
                         (2)

                     0,5 (2)

                                 (c)

                                 Cane fruit (other than wild)

                     0,02 (1)
                         (2)

                     1 (2)

                     Blackberries

                     Dewberries

                     Loganberries

                     Raspberries

                     Others

                                 (d)

                                 Other small fruit and berries (other than wild)

                     0,02 (1)
                         (2)

                     1 (2)

                     Bilberries

                     Cranberries

                     Currants (red, black and white)

                     Gooseberries

                     Others

                                 (e)

                                 Wild berries and wild fruit

                     0,02 (1)
                         (2)

                     0,02 (1)
                         (2)

                                 (vi)

                                 MISCELLANEOUS

                     0,01 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,02 (1)
                         (2)

                     Avocados

                     Bananas

                     Dates

                     Figs

                     Kiwi

                     1 (2)

                     Kumquats

                     Litchis

                     Mangoes

                     olives (table consumption)

                     olives (oil extraction)

                     Papaya

                     Passion fruit

                     Pineapples

                     Pomegranate

                     Others

                     0,02 (1)
                         (2)

                                 2.

                                 Vegetables, fresh or uncooked, frozen or dry

                     0,01 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,01 (1)
                         (2)

                                 (i)

                                 ROOT AND TUBER VEGETABLES

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,02 (1)
                         (2)

                     Beetroot

                     Carrots

                     Cassava

                     Celeriac

                     Horseradish

                     Jerusalem artichokes

                     Parsnips

                     Parsley root

                     Radishes

                     Salsify

                     Sweet potatoes

                     Swedes

                     Turnips

                     Yam

                     Others

                                 (ii)

                                 BULB VEGETABLES

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,02 (1)
                         (2)

                     Garlic

                     Onions

                     Shallots

                     Spring onions

                     Others

                                 (iii)

                                 FRUITING VEGETABLES

                                 (a)

                                 Solanacea

                     Tomatoes

                     0,1 (2)

                     2 (2)

                     0,5 (2)

                     Peppers

                     0,3 (2)

                     1 (2)

                     1 (2)

                     Aubergines

                     0,1 (2)

                     0,5 (2)

                     0,5 (2)

                     Okra

                     Others

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,02 (1)
                         (2)

                                 (b)

                                 Cucurbits — edible peel

                     0,3 (2)

                     0,02 (1)
                         (2)

                     0,3 (2)

                     Cucumbers

                     Gherkins

                     Courgettes

                     Others

                                 (c)

                                 Cucurbits — inedible peel

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     Melons

                     0,2 (2)

                     Squashes

                     Watermelons

                     0,2 (2)

                     Others

                     0,02 (1)
                         (2)

                                 (d)

                                 Sweet corn

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,02 (1)
                         (2)

                                 (iv)

                                 BRASSICA VEGETABLES

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,02 (1)
                         (2)

                                 (a)

                                 Flowering brassica

                     Broccoli

                     Cauliflower

                     Others

                                 (b)

                                 Head brassica

                     Brussels sprouts

                     Head cabbage

                     Others

                                 (c)

                                 Leafy brassica

                     Chinese cabbage

                     Kale

                     Others

                                 (d)

                                 Kohlrabi

                                 (v)

                                 LEAF VEGETABLES AND FRESH HERBS

                     0,02 (1)
                         (2)

                                 (a)

                                 Lettuce and similar

                     2 (2)

                     Cress

                     Lamb's lettuce

                     5

                     Lettuce

                     5

                     Scarole

                     Ruccola

                     Leaves and stems of brassica

                     Others

                     0,01 (1)
                         (2)

                                 (b)

                                 Spinach and similar

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     Spinach

                     Beet leaves (chard)

                     Others

                                 (c)

                                 Water cress

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                                 (d)

                                 Witloof

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                                 (e)

                                 Herbs

                     0,01 (1)
                         (2)

                     3 (2)

                     Chervil

                     Chives

                     Parsley

                     Celery leaves

                     Others

                                 (vi)

                                 LEGUME VEGETABLES (fresh)

                     0,01 (1)
                         (2)

                     Beans (with pods)

                     0,2 (2)

                     1 (2)

                     Beans (without pods)

                     Peas (with pods)

                     Peas (without pods)

                     Others

                     0,02 (1)
                         (2)

                     0,02 (1)
                         (2)

                                 (vii)

                                 STEM VEGETABLES (fresh)

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,02 (1)
                         (2)

                     Asparagus

                     Cardoons

                     Celery

                     Fennel

                     Globe artichokes

                     Leek

                     Rhubarb

                     Others

                                 (viii)

                                 FUNGI

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,02 (1)
                         (2)

                                 (a)

                                 Cultivated mushrooms

                                 (b)

                                 Wild mushrooms

                                 3.

                                 Pulses

                     0,01 (1)
                         (2)

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,01 (1)
                         (2)

                     Beans

                     Lentils

                     Peas

                     Lupines

                     Others

                                 4.

                                 Oilseed

                     0,01 (1)
                         (2)

                     0,1 (1)
                         (2)

                     0,1 (1)
                         (2)

                     0,01 (1)
                         (2)

                     Linseed

                     Peanuts

                     Poppy seeds

                     Sesame seeds

                     Sunflower seed

                     Rape seed

                     0,3 (2)

                     Soya bean

                     2 (2)

                     Mustard seed

                     Cotton seed

                     0,02

                     2 (2)

                     Hemp seed

                     Others

                     0,01 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,05 (1)
                         (2)

                                 5.

                                 Potatoes

                     0,01 (1)
                         (2)

                     0,01 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,02 (1)
                         (2)

                     0,01 (1)
                         (2)

                     Early potatoes

                     Ware potatoes

                                 6.

                                 Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)

                     0,1 (1)
                         (2)

                     0,02 (1)

                     0,05 (1)
                         (2)

                     0,1 (1)
                         (2)

                     0,1 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,02 (1)

                                 7.

                                 Hops (dried), including hop pellets and unconcentrated powder

                     0,1 (1)
                         (2)

                     0,02 (1)

                     0,05 (1)
                         (2)

                     0,1 (1)
                         (2)

                     0,1 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,02 (1)

         (1)  Indicates lower limit of analytical determination.

         (2)

                  (p)

                  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 21 March 2011.’


Avis juridique important

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31991L0132

Council Directive 91/132/EEC of 4 March 1991 amending Directive 74/63/EEC on undesirable substances and products in animal nutrition

Official Journal L 066 , 13/03/1991 P. 0016 - 0017 Finnish special edition: Chapter 3 Volume 37 P. 0003  Swedish special edition: Chapter 3 Volume 37 P. 0003

COUNCIL DIRECTIVE  of 4 March 1991  amending Directive 74/63/EEC on undesirable substances and products in animal nutrition  (91/132/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 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 Directive 74/63/EEC (4), as last amended by Commission Directive 87/238/EEC (5), expressly excludes pesticide residues from its field of application;  Whereas the presence of pesticide residues in feedingstuffs may, in the same way as the presence of residues of certain products and substances which are already subject to control, entail risks for human health, since in general toxic substances or  preparations with dangerous effects are involved;  Whereas it is advisable to disregard the fact that pesticides - unlike most of the undesirable substances and products for which rules have hitherto been adopted - are used deliberately by man to protect plant products, since they are not added to  feedingstuffs or to the components thereof; whereas, nevertheless, their possible presence constitutes a source of danger in the same way as that of the substances and products already covered by Directive 74/63/EEC;  Whereas, for this reason, pesticides should be used in such a way as not to involve any danger for human health;  Whereas, insofar as a few Member States have already laid down maximum permitted levels for certain pesticide residues, these levels differ and constitute obstacles to the free circulation of feedingstuffs within the Community; whereas it is therefore  desirable to approximate the existing provisions by inserting them into the abovementioned Directive, which is the appropriate framework for this purpose;  Whereas, in an initial stage, it would appear justifiable to fix in respect of feedingstuffs maximum levels for a group of very persistent and harmful active substances which are or have been used in pesticides, namely organochlorine compounds; whereas  Member States may therefore maintain the maximum levels they have fixed for residues of pesticides other than those listed in Part B of Annex I until a Community decision is taken in accordance with the provisions laid down for amendment of the Annexes;   Whereas by its Judgment handed down on 16 November 1989 in Case 11/88 the Court of Justice declared void Directive 87/519/EEC (6); whereas it is therefore necessary to adopt a new Directive on the appropriate legal basis,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 74/63/EEC is hereby amended as follows:  1. Article 1 (2) (c) shall be replaced by the following:  '(c) the fixing of maximum permitted levels for pesticide residues on and in products intended for animal feeding, in as much these residues are not listed in Part B of Annex I.'  2. The following headings shall be added to Part B of Annex 1:  '11. Aldrine singly or combined expressed as dieldrin  12. Dieldrin  All feedingstuffs, with the exception of:  - fats  0,01  0,2  13. Camphechlor (Toxaphene)  All feedingstuffs  0,1  14. Chlordane (sum of cis- and transisomers and of oxychlordane, expressed as chlordane)  All feedingstuffs, with the exception of:  - fats  0,02  0,05  15. DDT (sum of DDT-, TDE- and DDE-isomers, expressed as DDT)  All feedingstuffs, with the exception of:  - fats  0,05  0,5  16. Endosulfan (sum of alpha- and beta-isomers and of endosulfan-sulphate expressed as endosulfan)  All feedingstuffs, with the exception of:  - maize  - oilseeds  - complete feedingstuffs for fish  0,1  0,2  0,5  0,005  17. Endrin (sum of endrin and of delta-keto-endrin, expressed as endrin)  All feedingstuffs, with the exception of:  - fats  0,01  0,05  18. Heptachlor (sum of heptachlor and of heptachlor-epoxide, expressed as heptachlor)  All feedingstuffs, with the exception of:  - fats  0,01  0,2  19. Hexachlorobenzene (HCB)  All feedingstuffs, with the exception of:  - fats  0,01  0,2  20. Hexachlorocyclohexane (HCH)    20.1. alpha-isomer  All feedingstuffs, with the exception of:  - fats  0,02  0,2  20.2. beta-isomer  Compound feedingstuffs, with the exception of:  - feedingstuffs for dairy cattle  0,01  0,005   Straight feedingstuffs, with the exception of:  - fats  0,01  0,1  20.3. gamma-isomer  All feedingstuffs, with the exception of:  - fats  0,2  2,0'3. The heading of the third column in the table in Part C of Annex I shall be replaced by the following:  'Maximum content in mg/kg (ppm) of feedingstuffs referred to a moisture content 12 %'.  Article 2  Member States shall bring into force not later than 1 August 1991, the laws, regulations or administrative provisions necessary to comply with this Directive.  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.  Article 3  This Directive is addressed to the Member States. Done at Brussels, 4 March 1991. For the Council  The President  R. STEICHEN  (1) OJ No C 210, 23. 8. 1990, p. 5. (2) OJ No C 48, 25. 2. 1991. (3) OJ No C 31, 6. 2. 1991, p. 44. (4) OJ No L 38, 11. 2. 1974, p. 31. (5) OJ No L 110, 25. 4. 1987, p. 25. (6) OJ No L 304, 27. 10. 1987, p. 38.


/* Fourth Council Directive 71/401/EEC of 20 December 1971 on the harmonization of the laws of the Member States relating to turnover taxes - Introduction of value added tax in Italy */


Avis juridique important

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31970L0523

Council Directive 70/523/EEC of 30 November 1970 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the wholesale coal trade and in respect of activities of intermediaries in the coal trade (ISIC ex Group 6112)

Official Journal L 267 , 10/12/1970 P. 0018 - 0019 Finnish special edition: Chapter 6 Volume 1 P. 0100  Danish special edition: Series I Chapter 1970(III) P. 0740  Swedish special edition: Chapter 6 Volume 1 P. 0100  English special edition: Series I Chapter 1970(III) P. 0835  Greek special edition: Chapter 06 Volume 1 P. 0128  Spanish special edition: Chapter 06 Volume 1 P. 0122  Portuguese special edition Chapter 06 Volume 1 P. 0122

COUNCIL DIRECTIVE  of 30 November 1970  laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the wholesale coal trade and in respect of activities of intermediaries in the coal trade (ISIC ex Group 6112)  (70/523/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2), 57, 63 (2) and 66 thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment, (1) and in particular the second and third paragraphs of Title V thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services, (2) and in particular the second and third paragraphs of Title VI thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (3);  Having regard to the Opinion of the Economic and Social Committee (4);  Whereas, besides making provision for the abolition of restrictions, the General Programmes provide that it should be examined whether such abolition should be preceded, accompanied or followed by mutual recognition of diplomas, certificates and other evidence of formal qualifications, and by the co-ordination of provisions laid down by law, regulation or administrative action concerning the taking up and pursuit of the activities in question, and whether, if need be, transitional measures should be adopted pending such recognition or co-ordination;  Whereas not all Member States impose conditions for the taking up and pursuit of activities in the wholesale coal trade ; whereas:    - in some cases there is freedom to take up and pursue such activities;       - in other cases there are restrictive provisions, which either restrict the freedom to import coal from a Member State to traders who can prove they have already sold a minimum tonnage of coal, or impose legal requirements as to professional qualifications, namely possession of a certificate of professional ability or an equivalent diploma;         Whereas it is therefore not possible to effect the co-ordination provided for at the same time as the abolition of restrictions ; whereas such co-ordination must be effected at a later date;  Whereas, in the absence of immediate co-ordination, it nevertheless appears desirable to make it easier to attain freedom of establishment and freedom to provide services in the activities in question by the adoption of transitional measures of the kind envisaged in the General Programmes ; whereas this should be done primarily in order to avoid causing exceptional difficulties for nationals of Member States in which the taking up of such activities is not subject to any conditions;  Whereas, in order to prevent such difficulties arising, the main object of the transitional measures should be to allow, as sufficient qualification for taking up the activities in question in host States which have rules governing the taking up of such activities, proof of the following:    (a) sales of a comparable tonnage over a corresponding period in the country of origin or in the country whence the person concerned comes;  (1)OJ No 2, 15.1.1962, p. 36/62. (2)OJ No 2, 15.1.1962, p. 32/62. (3)OJ No C 51, 29.4.1970, p. 4. (4)OJ No C 108, 26.8.1970, p. 20.        (b) pursuit of the occupation for a reasonable period of time in the country whence the person concerned comes, such period being in the sufficiently recent past to ensure that such person possesses professional knowledge equivalent to that required of the host country's own nationals;         Whereas the main purpose of the measures provided for in this Directive will disappear once the co-ordination of conditions for the taking up and pursuit of the activities in question and the mutual recognition of diplomas, certificates and other formal evidence of qualifications has been achieved;  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Member States, acting in accordance with the provisions hereinafter laid down, shall adopt the following transitional measures in respect of establishment or provision of services in their territories by natural persons or companies or firms covered by Title I of the General Programmes (hereinafter called "beneficiaries") wishing to engage in the activities of self-employed persons referred to in paragraph 2.  2. The activities in question are those covered by the Council Directive (1) of 30 November 1970 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the wholesale coal trade and of activities of intermediaries in the coal trade (ISIC ex Group 6112).   Article 2 Where, in a Member State, the taking up of activity as an importer of coal from another Member State is subject to the condition that the applicant shall have sold, over a specified period, a minimum tonnage of coal in the territory of the host Member State, that Member State shall accept as sufficient qualification the fact that the person concerned has, over a corresponding period, acting either in an independent capacity or in a managerial capacity, sold a like quantity of coal in his country of origin or in the country whence he comes.   Article 3 Where, in a Member State, the taking up or pursuit of any activity referred to in Article 1 (2) is dependent on the possession of general, commercial, or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for three years either in an independent capacity or in a managerial capacity, on condition that, unless the host Member State allows a longer interruption of professional activity on the part of its own nationals, such activity shall not have ceased more than two years before the date when the application provided for in Article 4 (2) is made.   Article 4 1. A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Articles 2 and 3 if he has pursued such activity in an undertaking in the field in question:    (a) as manager of an undertaking or manager of a branch of an undertaking ; or       (b) as deputy to the proprietor or to the manager of an undertaking, where such post involves responsibility equivalent to that of the proprietor or manager represented ; or       (c) in a managerial post with duties of a commercial nature and responsibility for one or more departments of the undertaking.         2. Proof that the conditions laid down in Article 2 or in Article 3 are satisfied shall be established by certificates issued by the competent authority or body in the country whence the person concerned comes, which such person shall submit in support of his application for authorisation to pursue the activity in question in the host country.  3. Member States shall, within the time limit laid down in Article 6, designate the authorities and bodies competent to issue the certificates referred to in paragraph 2 and shall forthwith inform the other Member States and the Commission thereof.   Article 5 The provisions of this Directive shall remain applicable until the entry into force of provisions relating to the coordination of national rules concerning the taking up and pursuit of the activities in question.  (1)OJ No L 267, 10.12.1970, p. 14.    Article 6 Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 7 Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 30 November 1970.  For the Council  The President  H.D. GRIESAU


title: Directive2014/63/EU of the European Parliament and of the Council of 15 May 2014 amending Council Directive 2001/110/EC relating to honey

text:
               3.6.2014

               EN

               Official Journal of the European Union

               L 164/1

         DIRECTIVE2014/63/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 15 May 2014
   amending Council Directive 2001/110/EC relating to honey
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               Council Directive 2001/110/EC (3) defines honey as the natural sweet substance produced by Apis mellifera bees (‘bees’). Honey consists essentially of different sugars, predominantly fructose and glucose, as well as other substances such as organic acids, enzymes and solid particles derived from honey collection. Directive 2001/110/EC limits human intervention that could alter the composition of honey and thereby allows for the preservation of the natural character of honey. In particular, Directive 2001/110/EC prohibits the addition of any food ingredient to honey, including food additives, and any other addition other than honey. Similarly, that Directive prohibits the removal of any constituent particular to honey, including pollen, unless such removal is unavoidable in the removal of foreign matter. Those requirements are in line with the Codex Alimentarius standard for honey (Codex Stan 12-1981).

               (2)

               Pollen is part of the composition criteria for honey set out in Directive 2001/110/EC. Available evidence, including empiric and scientific data, confirms that bees are the origin of the presence of pollen in honey. Pollen grains fall into nectar which is collected by bees. In the hive, collected nectar containing pollen grains is transformed into honey by bees. According to the available data, additional pollen in honey can come from pollen on bees' hair, from pollen in the air inside the hive and from pollen that was packed in cells by bees and released as a result of the accidental opening of those cells during the extraction of honey by food business operators. Pollen can therefore be said to enter the hive as a result of the activity of bees and is naturally present in honey regardless of whether or not food business operators extract that honey. Furthermore, the deliberate addition of pollen to honey by food business operators is prohibited under Directive 2001/110/EC.

               (3)

               Regulation (EU) No 1169/2011 of the European Parliament and of the Council (4), defines ‘ingredient’ as any substance used in the manufacture or preparation of a food and still present in the finished product, even in altered form. That definition implies a deliberate use of a substance in the manufacture or preparation of food. Taking into account the natural character of honey, and in particular the natural origin of the presence of constituents particular to honey, pollen, being a natural constituent particular to honey, should not be considered to be an ‘ingredient’ of honey within the meaning of Regulation (EU) No 1169/2011.

               (4)

               This Directive is without prejudice to the application of Regulation (EC) No 1829/2003 of the European Parliament and of the Council (5) to honey containing genetically modified pollen, since such honey constitutes food produced from genetically modified organisms within the meaning of that Regulation. In Case C-442/09 (6), Karl Heinz Bablok and Others v Freistaat Bayern, the Court of Justice of the European Union ruled that the determining criterion for the application of Regulation (EC) No 1829/2003, as set out in recital 16 of that Regulation, is whether material derived from the genetically modified source material is present in food. Honey containing genetically modified pollen should therefore be regarded as being ‘food (partially) produced from a GMO’ within the meaning of point (c) of Article 3(1) of Regulation (EC) No 1829/2003. Laying down a provision to the effect that pollen is not an ingredient of honey does not therefore affect the Court's conclusion in Case C-442/09 that honey containing genetically modified pollen is subject to Regulation (EC) No 1829/2003, in particular to the requirements thereof concerning authorisation prior to placing on the market, supervision and, where applicable, labelling.

               (5)

               Under the labelling requirements of Regulation (EC) No 1829/2003, there is no obligation to indicate the presence of genetically modified pollen in honey on labels for honey if the following conditions are met: such pollen does not exceed 0,9 % of the honey, and its presence in the honey is adventitious or technically unavoidable. It should be recalled that Directive 2001/18/EC of the European Parliament and of the Council (7) provides that Member States may take appropriate measures to avoid the unintended presence of genetically modified organisms in honey.

               (6)

               Under Directive 2001/110/EC, if honey originates in more than one Member State or third country, the mandatory indication of the countries of origin may be replaced by one of the following, as appropriate: ‘blend of EC honeys’, ‘blend of non-EC honeys’, ‘blend of EC and non-EC honeys’. Following the entry into force of the Treaty of Lisbon, the European Union replaced and succeeded the European Community. It is therefore appropriate to clarify the relevant labelling requirements by replacing the reference to ‘EC’ by a reference to ‘EU’.

               (7)

               Directive 2001/110/EC confers power on the Commission to implement some of its provisions, in particular power to adopt measures necessary for implementation of provisions relating to adaptation to technical progress and for bringing that Directive into line with general Union legislation on foodstuffs. Furthermore, Directive 2001/110/EC confers power on the Commission to adopt methods to permit the verification of the compliance of honey with that Directive. It is necessary to review the scope of that power.

               (8)

               In order to ensure fair commercial practices, to protect consumer interests and to enable the setting out of relevant methods of analysis, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to lay down quantitative parameters for the criterion of ‘mainly’ as regards the floral or vegetable origin of honey and the minimal content of pollen in filtered honey following removal of foreign inorganic or organic matter. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

               (9)

               Following the adoption of Regulation (EC) No 178/2002 of the European Parliament and of the Council (8), which applies to all stages of production, processing and distribution of food and feed at Union and national level, general Union provisions on foodstuffs apply directly to the products covered by Directive 2001/110/EC. It is therefore no longer necessary for the Commission to have power to align the provisions of that Directive to the general Union legislation on foodstuffs. The provisions conferring such power should therefore be deleted.

               (10)

               Following the adoption of Regulation (EU) No 182/2011 of the European Parliament and of the Council (9), it is appropriate to adapt the relevant provisions of Directive 2001/110/EC to that Regulation.

               (11)

               In order to allow Member States to adopt the national laws, regulations and administrative provisions necessary to comply with Directive 2001/110/EC, as amended by this Directive, a transposition period of 12 months should be established. During that period, the requirements of Directive 2001/110/EC, without the amendments introduced by this Directive, remain applicable.

               (12)

               In order to take into account the interests of food business operators who place on the market or label their products in accordance with the requirements applicable before the application of the national provisions transposing Directive 2001/110/EC, as amended by this Directive, it is necessary to establish appropriate transitional measures. Therefore, it should be possible for products placed on the market or labelled before the application of those provisions to continue to be marketed until the exhaustion of stocks.

               (13)

               Directive 2001/110/EC should therefore be amended accordingly.

               (14)

               Since the amendments relating to conferral of power on the Commission concern only the Commission power, they do not need to be transposed by the Member States.

               (15)

               Since the objectives of this Directive, namely to provide that pollen, being a natural constituent particular to honey, should not be considered to be an ingredient of honey, to clarify the labelling requirements for the cases where honey originates in more than one Member State or third country, and to review the scope of the existent power conferred on the Commission, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   Directive 2001/110/EC is amended as follows:

               (1)

               In Article 2(4), point (a) is replaced by the following:

                           ‘(a)

                           the country or countries of origin where the honey has been harvested shall be indicated on the label.
                           Notwithstanding the first subparagraph, if the honey originates in more than one Member State or third country, the indication of the countries of origin may be replaced with one of the following, as appropriate:

                                       —

                                       “blend of EU honeys”,

                                       —

                                       “blend of non-EU honeys”,

                                       —

                                       “blend of EU and non-EU honeys”.’.

               (2)

               In Article 2, the following point is added:

                           ‘5.

                           Pollen, being a natural constituent particular to honey, shall not be considered to be an ingredient, within the meaning of point (f) of Article 2(2) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (10), of the products defined in Annex I to this Directive.

                  (10)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).’."

               (3)

               Article 4 is replaced by the following:
               ‘Article 4
               1.   For the purposes of the second paragraph of Article 9 of this Directive, the Commission may, taking into account international standards and technical progress, by means of implementing acts that are in accordance with Regulation (EC) No 882/2004 of the European Parliament and of the Council (11), set out methods of analysis to verify whether honey is compliant with the provisions of this Directive. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2) of this Directive. Until the adoption of such methods, Member States shall, whenever possible, use internationally recognised validated methods of analysis such as those approved by the Codex Alimentarius to verify compliance with the provisions of this Directive.
               2.   For the purpose of ensuring fair commercial practices and protecting consumer interests and enabling the setting out of relevant methods of analysis, the Commission shall be empowered to adopt delegated acts in accordance with Article 6 to supplement this Directive by laying down the quantitative parameters relating to the following:

                           (a)

                           the criterion of “mainly” as regards the floral or vegetable origin of honey as referred to in the first indent of Article 2(2)(b); and,

                           (b)

                           the minimal content of pollen in filtered honey following removal of foreign inorganic or organic matter referred to in point 2(b)(viii) of Annex I.

                     The Commission shall provide, in those delegated acts, for appropriate transitional arrangements for products placed on the market before the date of application of those delegated acts.

                  (11)  Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).’."

               (4)

               Article 6 is replaced by the following:
               ‘Article 6
               1.   The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
               2.   The power to adopt delegated acts referred to in Article 4(2) shall be conferred on the Commission for a period of five years from 23 June 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
               3.   The delegation of power referred to in Article 4(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force.
               4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
               5.   A delegated act adopted pursuant to Article 4(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months from the date of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’.

               (5)

               Article 7 is replaced by the following:
               ‘Article 7
               1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health (the “Committee”) established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (12). The Committee is a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (13).
               2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
               Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

                  (12)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1)."

                  (13)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’."

               (6)

               In Annex II, the third paragraph is replaced by the following:
               ‘Without prejudice to point 2(b)(viii) of Annex I, neither pollen nor any other constituent particular to honey, may be removed except where this is unavoidable in the removal of foreign inorganic or organic matter.’.

         Article 2
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with points (1), (2) and (6) of Article 1 and Article 3. They shall forthwith communicate to the Commission the text of those measures.
   When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall apply the measures referred to in paragraph 1 from 24 June 2015.
   Article 3
   Transitional measures
   Products which are placed on the market or labelled before 24 June 2015, in accordance with Directive 2001/110/EC, may continue to be marketed until the exhaustion of stocks.
   Article 4
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 5
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 15 May 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         D. KOURKOULAS

      (1)  OJ C 11, 15.1.2013, p. 88.

      (2)  Position of the European Parliament of 16 April 2014 (not yet published in the Official Journal) and decision of the Council of 8 May 2014.

      (3)  Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).

      (4)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

      (5)  Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1).

      (6)  2011 ECR I-07419.

      (7)  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1).

      (8)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

      (9)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 l aying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).


Avis juridique important

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31984L0533

Council Directive 84/533/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of compressors

Official Journal L 300 , 19/11/1984 P. 0123 - 0129 Spanish special edition: Chapter 15 Volume 5 P. 0066  Portuguese special edition Chapter 15 Volume 5 P. 0066  Finnish special edition: Chapter 15 Volume 6 P. 0166  Swedish special edition: Chapter 15 Volume 6 P. 0166

COUNCIL DIRECTIVE of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of compressors (84/533/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the 1973 and 1977 action programmes of the European Communities on the environment (4) reflect the importance of the problem of noise nuisance and in particular the need for action to regulate the worst noise sources;  Whereas disparity between the measures already applicable or in preparation in the various Member States concerning the limitation of the sound emission level of compressors creates unequal conditions of competition and thereby directly affect the functioning of the common market ; whereas it is therefore appropriate to proceed in that field with the approximation of laws for which Article 100 of the Treaty provides;  Whereas Council Directive 84/532/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for construction plant and equipment (5) has laid down, in particular, the procedure for EEC type-examination ; whereas it is necessary, pursuant to that Directive, to prescribe the harmonized requirements which each category of equipment must satisfy;  Whereas Council Directive 79/113/EEC of 19 December 1978 on the approximation of the laws of the Member States relating to the measurement of the sound level of construction plant and equipment (6), as amended by Directive 81/1051/EEC (7), laid down, in particular, the method which should be used for establishing the acoustic criteria for compressors;  Whereas owing to the effect of the noise emitted by compressors on the environment and, more particularly, on human well-being and health, it is necessary to bring about a progressive and appreciable reduction in the permissible sound power level of compressors;  Whereas it is important to be able to regulate the use of compressors in certain areas considered to be particularly sensitive so as to limit the nuisance caused by the airborne noise emitted by such compressors;  Whereas technical provisions must be adapted rapidly to technical advances ; whereas it is necessary to this end to provide for the application of the procedure set out in Article 5 of Directive 79/113/EEC,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive applies to the permissible sound power level of compressors used to perform work on civil engineering and building sites.  2. It is a separate Directive within the meaning of Article 3 (2) of Directive 84/532/EEC, hereinafter referred to as the "framework Directive".  (1) OJ No C 94, 19.4.1978, p. 2 and OJ No C 87, 3.4.1979, p. 16. (2) OJ No C 39, 12.1.1979, p. 72. (3) OJ No C 283, 27.11.1978, p. 35. (4) OJ No C 112, 20.12.1973, p. 1 and OJ No C 139, 13.6.1977, p. 1. (5) See page 111 of this Official Journal. (6) OJ No L 33, 8.2.1979, p. 15. (7) OJ No L 376, 30.12.1981, p. 49.    Article 2 For the purposes of this Directive : "compressor" means any motor-driven device for circulating and compressing air other than the following two categories of device:    - fans, i.e. devices producing air circulation at a positive pressure of not more than 1,1,       - vacuum pumps, i.e. devices or appliances for extracting air from an enclosed space at a pressure not exceeding atmospheric pressure.          Article 3 1. The approved bodies shall issue an EEC type-examination certificate for each type of compressor for which the sound power level of airborne noise, measured under the conditions set out in Annex I to Directive 79/113/EEC, as amended by Annex I to this Directive, does not exceed the permissible sound power levels given in the following table: >PIC FILE= "T0026405">   2. All applications for an EEC type-examination certificate in respect of the permissible sound power level of a compressor shall be accompanied by an information document conforming to the model shown in Annex II.  3. For each type of compressor which it certifies, the approved body shall complete all the sections of the EEC type-examination certificate conforming to the model given in Annex III to the framework Directive.  4. The period of validity of EEC type-examination certificates shall be limited to five years. This may be extended by five years provided that application is made during the 12 months preceding the expiry of the first five-year period.  However, at the end of a period of five years from notification of the Directive, EEC type-examination certificates shall cease to be valid unless they were issued for compressors which comply with the maximum level entering into force on that date.  5. By way of derogation from Article 19 (1) of the framework Directive, the advantages provided for in this Article shall, after a period of 5 1/2 years from notification of the Directive, no longer be available for compressors supplied with certificates of conformity drawn up on the basis of a type-examination certificate for the figures in the first period ; the period of validity shall accordingly be shown on the certificates of conformity concerned.  6. For every compressor built in conformity with the type certified by EEC type-examination, the manufacturer shall complete a certificate of conformity conforming to the model given in Annex IV to the framework Directive in the columns relating to the EEC type-examination certificate.  >PIC FILE= "T0026406">  Article 4 Member States may take measures to regulate the use of compressors in areas which they consider sensitive.   Article 5 Verification of the conformity of production models with the type examined, as provided for in Article 12 of the framework Directive, shall be carried out using the technical procedure stipulated in Annex IV.   Article 6 The Council shall act unanimously, within 18 months, on the proposal for a reduction in the noise levels which the Commission will present as soon as possible and no later than five years after the adoption of this Directive.    Article 7 The following shall be adopted in accordance with the procedure laid down in Article 5 of Directive 79/113/EEC:    - the procedure for the checking of the air flow referred to in 6.2.2 of Annex I,       - the technical procedure in Annex IV for checking the conformity of production models with the type examined,       - the amendments necessary to adapt the requirements of the Annexes to technical progress.          Article 8 Member States shall take all the necessary measures to ensure that compressors as defined in Article 2 cannot be placed on the market unless they satisfy the provisions of this Directive and of the framework Directive.   Article 9 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on the expiry of a period of 18 months as of its notification (1) and shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.   Article 10 This Directive is addressed to the Member States.     Done at Brussels, 17 September 1984.  For the Council  The President  P. BARRY  (1) This Directive was notified to the Member States on 26 September 1984.     ANNEX I  METHOD OF MEASURING AIRBORNE NOISE EMITTED BY COMPRESSORS SCOPE  This measurement method is applicable to compressors. It specifies the test procedures for use in determining the sound power level of such equipment for the purpose of EEC type-examination and testing as to conformity.  These technical procedures shall comply with the requirements of Annex I to Directive 79/113/EEC.  All the sections in Annex I to Directive 79/113/EEC shall apply to compressors, subject to the following amendments:  4. CRITERIA TO BE USED FOR EXPRESSING RESULTS  4.1. The acoustic criterion for the environment of compressors is their sound power level.  6. MEASURING CONDITIONS  6.1. During testing, no tools shall be coupled to the compressor. At each measuring point, the noise level of release and escape of air from the external lines coupled to the air outlet valves of compressors shall be more than 10 dB lower than the noise level of the compressor.  6.2. Operation of the sound source during measurement.  6.2.1. Not applicable.  6.2.2. The compressor shall be brought to its steady-state temperature within the range specified by the manufacturer. It shall operate at its nominal speed and its nominal pressure.  The nominal speed and pressure are those appearing in the direction for use supplied to the purchaser.  In these operating conditions, the air flow shall be checked as laid down in International Standard ISO 1217, first edition, 1975.  6.3. Measuring site.  The compressor shall be installed on a reflecting plane of concrete or non-porous asphalt. Skid-mounted compressors shall be placed on supports 0,40 m high, unless otherwise required by the manufacturer's conditions of installation.    6.4.1. Measuring surface.  The measuring surface to be used for testing shall be a hemisphere. The centre of the hemisphere shall be the vertical projection onto the reflecting plane of the geometric centre of the compressor. The radius shall be:      - 4 m, where the greatest dimension of the compressor to be tested is not more than 1,5 m,    - 10 m, where the greatest dimension of the compressor to be tested is more than 1,5 m but not more than 4 m,           - 16 m, where the greatest dimension of the compressor to be tested is more than 4 m.             Table I in Annex I to Directive 79/113/EEC gives the coordinates of the measuring points.      6.4.2.1. The x axis of the set of coordinates, in relation to which the positions of the measuring points are fixed, shall be parallel to the main axis of the compressor.  7. MEASUREMENTS        7.1.1. Only the background noise shall be taken into account for the purpose of corrections.        7.1.5. Presence of obstacles  A visual check in a circular zone with a radius of three times that of the measurement hemisphere and the centre of which coincides with the centre of that hemisphere is adequate to ensure that the provisions of the third subparagraph of section 6.3 of Annex I to Directive 79/113/EEC are complied with.  7.2. If the sound pressure levels at the measuring points are determined from readings taken by a sonometer, there shall be at least five such readings, taken at regular intervals.  8. USE OF RESULTS  8.2. Not applicable.  8.6.2. In view of 6.3, section 8.6.2 is not applicable and C = 0.    ANNEX II  MODEL INFORMATION DOCUMENT FOR A TYPE OF COMPRESSOR TO BE SUPPLIED FOR  EEC TYPE-EXAMINATION >PIC FILE= "T0026407">     ANNEX III  MODEL FOR MARK FOR SOUND POWER LEVEL >PIC FILE= "T0026408">    ANNEX IV  TECHNICAL PROCEDURE FOR CHECKING THE CONFORMITY OF PRODUCTION MODELS  WITH THE TYPE EXAMINED The conformity of production models with the type examined shall, if possible, be verified by spot checks.