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31991L0173

Council Directive 91/173/EEC of 21 March 1991 amending for the ninth time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations

Official Journal L 085 , 05/04/1991 P. 0034 - 0036 Finnish special edition: Chapter 15 Volume 10 P. 0076  Swedish special edition: Chapter 15 Volume 10 P. 0076

COUNCIL DIRECTIVE  of 21 March 1991  amending for the ninth time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain  dangerous substances and preparations  (91/173/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas measures should be adopted with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market comprises an area without internal frontiers on which the free movement of goods,  persons, services and capital is ensured;  Whereas both pentachlorophenol (CAS No 87-86-5) and its compounds are substances that are dangerous to man and the environment, and in particular the aquatic environment; whereas the use of those substances should be regulated;  Whereas restrictions which have already been imposed by certain Member States on the use of marketing of the abovementioned substances or of preparations containing those substances directly affect the establishment and operation of the internal market;  whereas it is therefore necessary to approximate the laws of the Member States in this field and, consequently, to amend Annex I to Directive 76/769/EEC (4), as last amended by Directive 89/678/EEC (5);  Whereas the Commission will be developing a coordinated Community strategy regarding the placing on the market and use of chemical products used for the preservation of wood; whereas this strategy will be based on information supplied to it by the  Member States and in particular on the assessment of the risks for man and the environment while taking into account the various problems posed by wood preservation in the Member States;  Whereas currently Community legislation concerning the possible adoption by Member States of more stringent restrictions on the use of the substances and preparations in question at the workplace remains unaffected by this Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following point is hereby added to Annex I to Directive 76/769/EEC:   '23. Pentachlorophenol  (CAS No 87-86-5)  and its salts and esters  shall not be used in a concentration equal to or greater than 0,1 % by mass in substances or preparations placed on the market.   By way of exception, this provision shall not apply to substances and preparations intended for  use in industrial installations not permitting the emission and/or discharge of pentachlorophenol (PCP) in quantities greater than those prescribed by existing legislation:   (a) in the treatment of wood.   However, treated wood may not be used:   -  inside buildings whether for decorative purposes or not whatever their purpose (residence, employment, leisure);   - for the manufacture of containers intended for growing purposes and any re-treatment and the manufacture of packaging which may come  into contact with or other materials which may contaminate raw, intermediate and/or finished products intended for human and/or animal consumption and any re-treatment;   (b) in the impregnation of fibres and heavy-duty textiles not intended in any case  for clothing or for decorative furnishings;   (c) as a synthesizing and/or processing agent in industrial processes;   (d) by way of special exception, Member States may on a case-by-case basis, authorize on their territory specialized professionals to  carry out in situ and for buildings of cultural, artistic and historical interest, or in emergencies, a remedial treatment of timber and masonry infected by dry rot fungus (Serpula lacrymans) and cubic rot fungi.   These exceptions shall be re-examined  in the light of developments in knowledge and techniques not more than three years after the implementation of the Directive.   In any case:   (a) Pentachlorophenol used alone or as a component of preparations employed within the framework of the above  exceptions must have a total hexachlorodibenzoparadioxin (H6CDD) content below four parts per million (ppm);   (b) these substances and preparations may not:   - be placed on the market except in packages of 20 litres or more;   - be sold to the general  public.   Without prejudice to the implementation of other Community provisions concerning the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations should be marked clearly and indelibly:    "Reserved for industrial and professional use".   In addition, this provision shall not apply to waste covered by Directives 75/442/EEC and 78/319/EEC.' Article 2  1. Member States shall communicate to the Commission before 31 December 1991 the text of the main provisions of national law which they adopt in the field covered by this Directive.  2. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1992. They shall inform the Commission thereof.  Article 3  This Directive is addressed to the Member States. Done at Brussels, 21 March 1991. For the Council  The President  G. WOHLFART  (1) OJ No C 117, 4. 5. 1988, p. 14. (2) OJ No C 291, 20. 11. 1989, p. 58 and OJ C 48, 25. 2. 1991. (3) OJ No C 208, 8. 8. 1988, p. 55. (4) OJ No L 262, 27. 9. 1976, p. 201. (5) OJ No L 398, 30. 12. 1989, p. 24.


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32003L0002

Commission Directive 2003/2/EC of 6 January 2003 relating to restrictions on the marketing and use of arsenic (tenth adaptation to technical progress to Council Directive 76/769/EEC) (Text with EEA relevance)

Official Journal L 004 , 09/01/2003 P. 0009 - 0011

Commission Directive 2003/2/ECof 6 January 2003relating to restrictions on the marketing and use of arsenic (tenth adaptation to technical progress to Council Directive 76/769/EEC)(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(1), as last amended by Commission Directive 2002/62/EC(2) and in particular Article 2(a) thereof, introduced by Council Directive 89/678/EEC(3),Whereas:(1) Council Directive 89/677/EEC(4) amending for the eighth time Directive 76/769/EEC places certain restrictions on the marketing and use of arsenic.(2) A risk assessment and an analysis of advantages and drawbacks of further restrictions on arsenic in certain wood preservatives(5) were carried out in the framework of a review of Community legislation concerning the use of arsenic compounds for wood preservation following the accession of Austria, Finland and Sweden to the European Union in 1995.(3) The risk assessment was referred to the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) for peer review(6) and the CSTEE concluded that the main risks had been identified correctly. These risks included those to human health from the disposal of wood treated with wood preservatives containing copper, chrome and arsenic (CCA) and in particular risks to children's health from the use of CCA-treated wood in playground equipment. A risk to the aquatic environment in certain marine waters was also identified.(4) The CSTEE further advised that in the light of a serious knowledge gap in relation to arsenic-treated wood in landfills it would be advisable to exercise caution by limiting the use of arsenic-based wood preservation to those situations where it is absolutely necessary.(5) In a further consideration of the health effects of arsenic(7) the CSTEE has concluded that the substance is both genotoxic and a well known carcinogen, and that it may be appropriate to consider that no threshold exists for carcinogenic effect.(6) Waste CCA-treated wood has been classified as hazardous waste pursuant to Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EC on hazardous waste(8) as last amended by Council Decision 2001/573/EC(9).(7) Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(10) lays down provisions for harmonising the authorisation of biocides at Community level and Commission Regulation (EC) No 1896/2000 of 7 September 2000 on the first phase of the programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council on biocidal products(11) requires wood preservatives to be evaluated as a priority in the review programme established under Directive 98/8/EC. Arsenic has been identified and notified as an active substance within the time limit set out in Regulation (EC) No 1896/2000. A complete dossier for evaluation of arsenic as an existing substance will have to be presented by 28 March 2004.(8) With regard to the risk assessment and taking account of the precautionary principle, pending harmonisation of rules under Directive 98/8/EC or a Decision pursuant to Article 6(3) of Regulation (EC) No 1896/2000, it is necessary to adapt the restrictions on arsenic in Directive 76/769/EEC to technical progress. This Directive does not apply to CCA-treated wood already in place.(9) This Directive should apply without prejudice to Community legislation laying down minimum requirements for the protection of workers, in particular, Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(12), Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(13), as last amended by Directive 1999/38/EC(14) and Council Directive 98/24/EC of 7 April 1998 on the protection of workers from chemical agents at work (14th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(15).(10) The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of directives on the removal of technical barriers to trade in dangerous substances and preparations,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 76/769/EEC is hereby amended as set out in the Annex to this Directive.Article 2Member States shall adopt and publish the provisions necessary to comply with this Directive by 30 June 2003 at the latest. They shall forthwith inform the Commission thereof. They shall apply these provisions by 30 June 2004 at the latest.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.Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 6 January 2003.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 262, 27.9.1976, p. 201.(2) OJ L 183, 12.7.2002, p. 58.(3) OJ L 398, 30.12.1989, p. 24.(4) OJ L 398, 30.12.1989, p. 19.(5) Assessment of the Risks to Health and to the Environment of Arsenic in Wood Preservatives and of the Effects of Further Restrictions on its marketing and use, 1998.(6) http://europa.eu.int/comm/ food/fs/sc/sct/out18_en.html.(7) http://europa.eu.int/comm/ food/fs/sc/sct/out106_en.html.(8) OJ L 226, 6.9.2000, p. 3.(9) OJ L 203, 28.7.2001, p. 18.(10) OJ L 123, 24.4.1998, p. 1.(11) OJ L 228, 8.9.2000, p. 6.(12) OJ L 183, 29.6.1989, p. 1.(13) OJ L 196, 26.7.1990, p. 1.(14) OJ L 138, 1.6.1999, p. 66.(15) OJ L 131, 5.5.1998, p. 11.ANNEXAnnex I to Directive 1976/769/EEC, point 20is replaced by the following:>TABLE>


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31996L0091

Council Directive 96/91/EC of 17 December 1996 amending Directive 72/462/EEC on health and veterinary inspection problems on importation of animals of the bovine, ovine, caprine and porcine species, fresh meat and meat-based products from third countries

Official Journal L 013 , 16/01/1997 P. 0026 - 0027

COUNCIL DIRECTIVE 96/91/EC of 17 December 1996 amending Directive 72/462/EEC on health and veterinary inspection problems on importation of animals of the bovine, ovine, caprine and porcine species, fresh meat and meat-based products from third countriesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 43 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Having regard to the opinion of the Economic and Social Committee (2),Whereas Directive 72/462/EEC (3) laid down health and veterinary inspection conditions governing imports into the Community of meat-based products covered by Directive 77/99/EEC (4);Whereas the inclusion by Directive 92/5/EEC (5) of stomachs, bladders, and intestines, cleaned, salted or dried and/or heated within the scope of Directive 77/99/EEC made import of those products subject to the requirements of Directive 77/462/EEC and in particular made it a requirement that they must come from a slaughterhouse approved in accordance with Directive 72/462/EEC;Whereas the Commission proposed applying different arrangements to them and including them in Annex II to Directive 92/118/EEC (6);Whereas the Council considers that it is unable to state a position on this proposal in the absence of import conditions, harmonized certificates or veterinary equivalence agreements with the Community's main partners;Whereas, in order to avoid an interruption of trade flows in these products with certain third countries as from 1 January 1997 when the transitional measures applicable to imports of these products expire, imports from establishments offering the health and veterinary inspection guarantees required by Community legislation other than the slaughterhouses approved pursuant to Directive 72/462/EEC should be authorized to continue,HAS ADOPTED THIS DIRECTIVE:Article 1 The following second subparagraph shall be inserted in Article 21b of Directive 72/462/EEC:'Pending the establishment by the Commission of import certificates and lists of establishments from which imports of intestines and the other products referred to in Article 2 (b) (v) of Directive 77/99/EEC or the conclusion of veterinary equivalence agreements, and until 31 December 1997 at the latest, Member States shall be authorized to import these products in accordance with the national rules in force by way of derogation from the requirements laid down in paragraphs 1, 2 and 4 (a) (i).`Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1997. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The method of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.Article 3 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 17 December 1996.For the CouncilThe PresidentI. YATES(1) OJ No C 341, 5. 12. 1994, p. 206.(2) OJ No C 397, 31. 12. 1994, p. 37.(3) OJ No L 302, 31. 12. 1972, p. 28. Directive as last amended by the Act of Accession of 1994.(4) OJ No L 26, 31. 1. 1977, p. 85. Directive as last amended by Directive 95/68/EC (OJ No L 332, 30. 12. 1995, p. 10).(5) OJ No L 57, 2. 3. 1992, p. 1.(6) OJ No L 62, 15. 3. 1993, p. 49. Directive as last amended by Directive 96/340/EC (OJ No L 129, 30. 5. 1996, p. 35).


title: Commission Directive 2009/85/EC of 29 July 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include coumatetralyl as an active substance in Annex I thereto (Text with EEA relevance)

text:
               30.7.2009

               EN

               Official Journal of the European Union

               L 198/28

      COMMISSION DIRECTIVE 2009/85/EC
   of 29 July 2009
   amending Directive 98/8/EC of the European Parliament and of the Council to include coumatetralyl as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes coumatetralyl.

               (2)

               Pursuant to Regulation (EC) No 1451/2007, coumatetralyl has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, rodenticides, as defined in Annex V to Directive 98/8/EC.

               (3)

               Denmark was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 29 September 2005 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 20 February 2009, in an assessment report.

               (5)

               It appears from the examinations made that biocidal products used as rodenticides and containing coumatetralyl may be expected not to present a risk to humans except for accidental incidents with children. A risk has been identified regarding non-target animals. However, coumatetralyl is for the time being considered essential for reasons of public health and hygiene. It is therefore justified to include coumatetralyl in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as rodenticides and containing coumatetralyl can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (6)

               In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing coumatetralyl and used as rodenticides. Such measures should be aimed at limiting the risk of primary and secondary exposure of humans and non-target animals. To this end, certain constraints such as the maximum concentration, the prohibition on marketing the active substance in products which are not ready to use and the use of aversive agents should be imposed across the board, while other conditions should be imposed by the Member States on a case-by-case basis.

               (7)

               In view of the identified risks, coumatetralyl should be included in Annex I for five years only and should be made subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in Annex I is renewed.

               (8)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance coumatetralyl and also to facilitate the proper operation of the biocidal products market in general.

               (9)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (10)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 14 containing coumatetralyl to ensure that they comply with Directive 98/8/EC.

               (11)

               Directive 98/8/EC should therefore be amended accordingly.

               (12)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 30 June 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 July 2011.
   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 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 29 July 2009.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1.

      (2)  OJ L 325, 11.12.2007, p. 3.

      ANNEX
      The following entry ‘No 28’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3)
                     (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘28

                     Coumatetralyl

                     Coumatetralyl
                     EC No: 227-424-0
                     CAS No: 5836-29-3

                     980 g/kg

                     1 July 2011

                     30 June 2013

                     30 June 2016

                     14

                     In view of the identified risks for non-target animals, the active substance shall be subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in this Annex is renewed.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 1.

                                 The nominal concentration of the active substance in products other than tracking powder shall not exceed 375 mg/kg and only ready-for use products shall be authorised.

                                 2.

                                 Products shall contain an aversive agent and, where appropriate, a dye.

                                 3.

                                 Primary as well as secondary exposure of humans, non-target animals and the environment are minimised, by considering and applying all appropriate and available risk mitigation measures. These include, amongst others, the restriction to professional use only, setting an upper limit to the package size and laying down obligations to use tamper resistant and secured bait boxes.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm


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31977L0098

Council Directive 77/98/EEC of 21 December 1976 amending Directives 64/432/EEC, 72/461/EEC and 72/462/EEC on health and veterinary problems

Official Journal L 026 , 31/01/1977 P. 0081 - 0084 Finnish special edition: Chapter 3 Volume 8 P. 0052  Greek special edition: Chapter 03 Volume 17 P. 0056  Swedish special edition: Chapter 3 Volume 8 P. 0052  Spanish special edition: Chapter 03 Volume 11 P. 0170  Portuguese special edition Chapter 03 Volume 11 P. 0170

COUNCIL DIRECTIVE  of 21 December 1976  amending Directives 64/432/EEC, 72/461/EEC and 72/462/EEC on health and veterinary problems  (77/98/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas, on the occasion of the enlargement of the Community, Denmark, Ireland and the United Kingdom were authorized, by way of derogation from the existing Community Regulations, to retain to some extent their national rules relating to veterinary matters;  Whereas the special arrangements applying to these three Member States were incorporated into the provisions of Articles 104 and 105 of the Act of Accession (3) ; whereas similar provisions, which were the logical extension of the original provisions have been introduced in Council Acts subsequently adopted ; whereas Article 13 of Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (4) and Article 33 of Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (5) were adopted to this end, the two aforementioned Directives having been last amended by Directive 75/379/EEC (6);  Whereas Article 106 of the Act of Accession and the other abovementioned provisions laid down that the Commission should submit to the Council, by 1 July 1976 at the latest, a report, and in so far as is necessary appropriate proposals, with a view to finding a solution to the problem of these derogations;  Whereas the solutions adopted must not be such as to compromise the health standard already attained and must ensure, as far as possible, the free movement of animals and meat;  Whereas, as far as fresh beef and veal is concerned, the risk of spreading disease is undeniably less than is involved in trade in live animals ; whereas, in addition, the conditions governing trade in meat under existing Directives are such that further special guarantees are unneccessary;  Whereas, as far as live animals are concerned, a system common to all the Member States should gradually be introduced, making a distinction between the various types of animals according to the danger they represent and taking into account the need to expand trade on the basis of existing patterns ; whereas appropriate amendments should be made to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (7), as last amended by Directive 75/379/EEC;  Whereas it must be possible for imports into certain Member States from third countries to remain subject to arrangements which are at least as strict as those currently applied in those Member States;  Whereas the Community Regulations relating, in particular, to foot-and-mouth disease and swine fever should make it possible to find a common and complete solution for all these problems;  Whereas it would be justified to make provision for a special transitional period for Ireland and the United  (1)OJ No C 6, 10.1.1977, p. 141. (2)Opinion delivered on 27 October 1976 (not yet published in the Official Journal). (3)OJ No L 73, 27.3.1972, p. 14. (4)OJ No L 302, 31.12.1972, p. 24. (5)OJ No L 302, 31.12.1972, p. 28. (6)OJ No L 172, 3.7.1975, p. 17. (7)OJ No 121, 29.7.1964, p. 1977/64.   Kingdom in respect of Northern Ireland, which would enable the said countries to effect the amendments necessitated by the implementation of Community Regulations;  Whereas it seems appropriate, in the light of experience acquired, to extend the use of a rapid and effective procedure for making technical changes to certain provisions or for establishing rules of implementation,  HAS ADOPTED THIS DIRECTIVE:    Article 1 From 1 January 1977, the text of Article 13 of Directive 72/461/EEC shall be replaced by the following:  "Article 13  Until 31 December 1982, Ireland and the United Kingdom in respect of Northern Ireland, shall be authorized to retain for imports of fresh meat, their national rules relating to protection against foot-and-mouth disease while complying with the general provisions of the Treaty.  Until 31 December 1977, Denmark, Ireland and the United Kingdom shall be authorized to retain, for imports of fresh meat, their national rules relating to protection against swine fever, while complying with the general provisions of the Treaty."   Article 2 The following Article 4a, shall be inserted into Directive 64/432/EEC:  "Article 4a  Until 31 December 1982, with regard to imports from other Member States of bovine animals for breeding, store and slaughter, Ireland and the United Kingdom in respect of Northern Ireland shall be authorized to retain their national rules relating to protection against foot-and-mouth disease while complying with the general provisions of the Treaty.  The Council, acting unanimously on a proposal from the Commission to be submitted before 1 July 1977, shall adopt before 1 January 1978 any amendments to be made to Annexes A, B and C to Directive 64/432/EEC or any other measures, including provisions, relating to traditional trade between Ireland and the United Kingdom."   Article 3 From 1 January 1978, the following Article 4b shall be inserted into Directive 64/432/EEC:  "Article 4b  Without prejudice to Article 4a, Member States which have been free of foot-and-mouth disease for more than two years ; which do not practice routine vaccination and which, by way of derogation from the requirements of this Directive do not allow in their territory animals vaccinated against the said disease for a period to be determined in accordance with the procedure laid down in Article 12, may, until 31 December 1982 and while complying with general rules of the Treaty, impose the following conditions upon the introduction into their territory of animals for breeding, store and slaughter:    A. when such animals come from a Member State which has been free from foot-and-mouth disease for at least two years:      (1) does not practise vaccination against foot-and-mouth disease and does not allow animals vaccinated against the said disease on its territory, the animals must fulfil the requirements of this Directive, with the exception of the provisions relating to the compulsory vaccination against foot-and-mouth disease;           (2) practises vaccination against foot-and-mouth disease and allows animals vaccinated against the said disease on its territory, the animals shall be subject to the requirements of this Directive, with the exception of the provisions relating to vaccination against foot-and-mouth disease, which shall be replaced by the following guarantees:        - bovine animals must have undergone a foot-and-mouth virus test involving scraping of the larynx and the pharynx (known as "probang test") and have shown a negative result,               - bovine animals and swine must have undergone a serological test for the detection of foot-and-mouth antibodies and have shown a negative result,               - bovine animals and swine must have been kept in isolation for 14 days in the exporting country either at the holding of origin or in a quarantine station and under the supervision of an official veterinarian,                on the understanding that:      (i) no animal on the holding of origin or in the quarantine station (where required) shall have been vaccinated against foot-and-mouth disease for a period of 21 days prior to export and no animal other than those to be exported shall have been brought into the holding and quarantine station during that period;           (ii) when the tests required in application of this Article are carried out on the holding, the animals to be exported must be segregated from other animals until they are exported.         The animals shall also be subject to 21 days of quarantine in the importing country;            B. when such animals come from a Member State which has not been free of foot-and-mouth disease for at least two years:  (1) does not practise vaccination against foot-and-mouth disease and does not allow animals vaccinated against the said disease on its territory, the animals shall be subject to the requirements of this Directive, with the exception of the provisions relating to vaccination against foot-and-mouth disease, which shall be replaced by the following guarantees:    - bovine animals must have undergone a foot-and-mouth virus test involving scraping of the larynx and the pharynx (known as "probang test") and have shown a negative result,       - bovine animals and swine must have undergone a serological test for the detection of foot-and-mouth antibodies and have shown a negative result,       - bovine animals and swine must have been kept in isolation for 14 days in a quarantine station in the exporting country and under the supervision of an official veterinarian,         on the understanding that:    (i) no animal on the holding of origin or in the quarantine station (where required) shall have been vaccinated against foot-and-mouth disease for a period of 30 days prior to export and no animal other than those to be exported shall have been brought into the holding and the quarantine station during that period;       (ii) when the tests required in application of this Article are carried out on the holding, the animals to be exported must be segregated from other animals until they are exported.         The animals shall also be subject to 21 days of quarantine in the country of destination;  (2) practises vaccination against foot-and-mouth disease and allows animals vaccinated against the said disease on its territory, the animals shall be subject to the requirements laid down in B (1) and any additional requirements which may be adopted in accordance with the procedure laid down in Articles 12 or 13.                 The procedure under Article 12 shall be used to determine the detailed rules for the application of this Article, in particular to which of the categories mentioned in the first subparagraphs of A or B Member States belong and also the rules for acceding to the said categories."          Article 4 Subparagraph (b) of Article 7 (1) (A) of Directive 64/432/EEC shall be deleted.  In Article 7 (1) (C) of Directive 64/432/EEC, the date "31 December 1977" shall be replaced by "31 December 1979".   Article 5 From 1 January 1978, Article 8 (2) of Directive 72/462/EEC shall be completed as follows:  "For breeding and store animals the requirements of this paragraph may vary from one Member State to another in order to take account of the special provisions which Member States enjoy in the framework of intra-Community trade."   Article 6 From 1 January 1978, the text of Article 33 of Directive 72/462/EEC shall be replaced by the following:  "Article 33  When applying Articles 8 and 16, the conditions laid down in accordance with the procedure of Article 29 for imports effected by certain Member States must be at least as strict as those which the same Member States apply in the framework of intra-Community trade."   Article 7 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive:    (a) not later than 1 January 1977 as regards the provisions of Article 1;       (b) not later than 1 January 1978 as regards all the other provisions.         They shall forthwith inform the Commission thereof.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 21 December 1976.  For the Council  The President  A.P.L.M.M. van der STEE


title: Commission Directive 2005/87/EC of  5 December 2005  amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards lead, fluorine and cadmium   (Text with EEA relevance)

text:
               6.12.2005

               EN

               Official Journal of the European Union

               L 318/19

         COMMISSION DIRECTIVE 2005/87/EC
   of 5 December 2005
   amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards lead, fluorine and cadmium
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (1), and in particular Article 8(1) thereof,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (2), and in particular the third sentence of Article 13(2) thereof,
   Whereas:

               (1)

               Directive 2002/32/EC provides that the use of products intended for animal feed which contain levels of undesirable substances exceeding the maximum levels laid down in Annex I thereto is prohibited.

               (2)

               When Directive 2002/32/EC was adopted, the Commission stated that the provisions laid down in Annex I to that Directive would be reviewed on the basis of updated scientific risk assessments and taking into account the prohibition of any dilution of contaminated non-complying products intended for animal feed.

               (3)

               The Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) adopted an opinion on a request from the Commission related to lead as undesirable substance in animal feed on 2 June 2004.

               (4)

               Contamination of food with lead is of public health concern. Lead accumulates to some extent in kidney and liver tissue, muscle tissues contain very low residual amounts of lead and carry-over into milk is limited. Therefore foods of animal origin are not a major source of human exposure to lead.

               (5)

               Cattle and sheep seem to be the most sensitive animal species with respect to acute lead toxicity. Individual intoxications have been reported, resulting from ingestion of feed material originating from polluted areas or accidental ingestions of lead sources. However, the levels found in commercial feed materials in the European Union do not induce clinical signs of toxicity.

               (6)

               The existing legal provisions as regards lead in products intended for animal feed are generally appropriate to ensure that these products do not represent any danger to human health, animal health or adversely affect the livestock production.

               (7)

               Cattle and sheep seem to be the most sensitive animal species and green fodder is a major component of their daily ration, it is important to provide for a review in view of a possible further reduction of the maximum level of lead in green fodder.

               (8)

               In addition the establishment of a maximum level of lead for additives belonging to the functional group of trace elements, binders and anti-caking agents and for premixtures is appropriate. The maximum level established for premixtures takes into account the additives with the highest level of lead and not the sensitivity of the different animal species to lead. In order to protect animal and public health, it is therefore the responsibility of the producer of premixtures to ensure that, in addition to compliance with the maximum levels for premixtures, the instructions for use on the premixture are in accordance with the maximum levels for complementary and complete feedingstuffs.

               (9)

               The Scientific Panel on contaminants in the Food Chain of the EFSA adopted an opinion on a request from the Commission related to fluorine as undesirable substance in animal feed on 22 September 2004.

               (10)

               Fluoride accumulates particularly in calcifying tissues. In contrast, transmission into edible tissues including milk and eggs is limited. Hence, the fluoride concentrations in foods from animal origin contribute only marginally to human exposure.

               (11)

               In the European Union, fluoride levels in pastures, herbages and compound feeds are generally low and subsequently exposure of animals to fluoride is generally below the level causing detrimental effects. However, in certain distinct geographic areas and incidentally in the proximity of industrial sites with high fluoride emission, excessive exposure to fluoride is associated with dental and skeleton abnormalities.

               (12)

               The existing legal provisions as regards fluorine in products intended for animal feed are appropriate to ensure that these products do not represent any danger to human health, animal health or adversely affect the livestock production.

               (13)

               The extraction procedure used has a large influence on the analytical result and it is therefore appropriate to determine the extraction procedure. Equivalent procedures with demonstrated equal extraction efficiency can be used.

               (14)

               The level for fluorine in marine crustaceans such as marine krill has to be amended in order to take into account new processing techniques to improve the nutritional quality and to reduce the biomass loss but which also results in higher levels of fluorine in the final end product.

               (15)

               Commission Directive 84/547/EEC of 26 October 1984 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs (3) establishes a maximum level for fluorine in vermiculite (E 561). The scope of Directive 2002/32/EC provides for the possibility of the establishment of maximum levels of undesirable substances in feed additives and the rules governing undesirable substances should be collected in a single text for greater clarity.

               (16)

               The Scientific Panel on contaminants in the Food Chain of the EFSA adopted an opinion on a request from the Commission related to cadmium as undesirable substance in animal feed on 2 June 2004.

               (17)

               Contamination of food with cadmium is of public health concern. Accumulation of cadmium in animal tissue is function of dietary concentration and duration of exposure. The short life span of animals like fattening pigs and poultry minimizes the risk of undesirable cadmium concentrations in edible tissues of these animals Ruminants and horses however may be exposed during their entire lifespan to cadmium present in pastures. In distinct regions this may result in an undesirable cadmium accumulation particularly in kidneys.

               (18)

               Cadmium is toxic to all animal species. In most of the domestic animal species, including pigs which are considered the most sensitive species, gross clinical symptoms are unlikely to occur if dietary cadmium concentrations remain below 5 mg/kg feed.

               (19)

               The existing legal provisions as regards cadmium in products intended for animal feed are appropriate to ensure that these products do not represent any danger to human health, animal health or adversely affect the livestock production.

               (20)

               No maximum level is currently established for pet food and feed materials of mineral origin other than phosphates. It is appropriate to establish a maximum level for these products intended for animal feed. It is appropriate to amend the current maximum level for cadmium for fish feed in order to take into account recent developments in formulating fish feed incorporating higher ratios of fish oil and fishmeal. In addition the establishment of a maximum level of cadmium for additives belonging to the functional group of trace elements, binders and anti-caking agents and for premixtures is appropriate. The maximum level established for premixtures takes into account the additives with the highest level of cadmium and not the sensitivity of the different animal species to cadmium. As provided in Article 16 of Regulation (EC) No 1831/2003, in order to protect animal and public health, it is the responsibility of the producer of premixtures to ensure that, in addition to compliance with the maximum levels for premixtures, the instructions for use on the premixture are in accordance with the maximum levels for complementary and complete feedingstuffs.

               (21)

               Directive 2002/32/EC and Directive 84/547/EEC should therefore be amended accordingly.

               (22)

               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
   Annex I to Directive 2002/32/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Without prejudice to the other conditions for the authorisation of the additive vermiculite, belonging to the group of binders, anti-caking agents and coagulants, laid down in Directive 70/524/EEC, the maximum fluorine content shall be as set out in the Annex to this Directive.
   Article 3
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 12 months after the entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   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 texts of the provisions of national law which they adopt in the field covered by this Directive.
   Article 4
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 5 December 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2005/8/EC (OJ L 27, 29.1.2005, p. 44).

      (2)  OJ L 268, 18.10.2003, p. 29. Regulation as amended by Commission Regulation (EC) No 378/2005 (OJ L 59, 5.3.2005, p. 8).

      (3)  OJ L 297, 15.11.1984, p. 40.

      ANNEX
      Annex I to Directive 2002/32/EC is amended as follows:

                  1.

                  Row 2, lead, is replaced by the following:

                              Undesirable substances

                              Products intended for animal feed

                              Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                              (1)

                              (2)

                              (3)

                                          ‘2.

                                          Lead (1)

                              Feed materials with the exception of:

                              10

                              – green fodder (2)

                              30 (3)

                              – phosphates and calcareous marine algae

                              15

                              – calcium carbonate

                              20

                              – yeasts

                              5

                              Additives belonging to the functional group of compounds of trace elements except

                              100

                              – zinc oxide

                              400 (3)

                              – manganous oxide, iron carbonate, copper carbonate

                              200 (3)

                              Additives belonging to the functional groups of binders and anti-caking agents except

                              30 (3)

                              – clinoptilolite of volcanic origin

                              60 (3)

                              Premixtures

                              200 (3)

                              Complementary feedingstuffs with the exception of

                              10

                              – mineral feedingstuffs

                              15

                              Complete feedingstuffs

                              5

                  2.

                  Row 3, Fluorine, is replaced by the following:

                              Undesirable substances

                              Products intended for animal feed

                              Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                              (1)

                              (2)

                              (3)

                                          ‘3.

                                          Fluorine (4)

                              Feed materials with the exception of:

                              150

                              – feedingstuffs of animal origin with the exception of marine crustaceans such as marine krill

                              500

                              – marine crustaceans such as marine krill

                              3 000

                              – phosphates

                              2 000

                              – calcium carbonate

                              350

                              – magnesium oxide

                              600

                              – calcareaous marine algae

                              1 000

                              Vermiculite (E 561)

                              3 000 (5)

                              Complementary feedingstuffs

                              – containing ≤ 4 % phosphorus

                              500

                              – containing > 4 % phosphorus

                              125 per 1 % phosphorus

                              Complete feedingstuffs with the exception of

                              150

                              – complete feedingstuffs for cattle sheep and goats

                              – – in lactation

                              30

                              – – other

                              50

                              – complete feedingstuffs for pigs

                              100

                              – complete feedingstuffs for poultry

                              350

                              – complete feedingstuffs for chicks

                              250

                  3.

                  Row 6, cadmium, is replaced by the following:

                              Undesirable substances

                              Products intended for animal feed

                              Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                              (1)

                              (2)

                              (3)

                                          ‘6.

                                          Cadmium (4)

                              Feed materials of vegetable origin

                              1

                              Feed materials of animal origin

                              2

                              Feed materials of mineral origin except

                              2

                              – phosphates

                              10

                              Additives belonging to the functional group of compounds of trace elements except

                              10

                              – copper oxide, manganous oxide, zinc oxide and manganous sulphate monohydrate

                              30 (7)

                              Additives belonging to the functional groups of binders and anti-caking agents

                              2

                              Premixtures

                              15 (7)

                              Mineral feedingstuffs

                              – containing < 7 % phosphorus

                              5

                              – containing ≥ 7 % phosphorus

                              0,75 per 1 % phosphorus, with a maximum of 7,5

                              Complementary feedingstuffs for pet animals

                              2

                              Other complementary feedingstuffs

                              0,5

                              Complete feedingstuffs for cattle, sheep and goats and feedingstuffs for fish except

                              1

                              – complete feedingstuffs for pets

                              2

                              – complete feedingstuffs for calves, lambs and kids and other complete feedingstuffs

                              0,5

         (1)  Maximum levels refer to an analytical determination of lead, whereby extraction is performed in nitric acid (5 % w/w) for 30 minutes at boiling temperature. Equivalent extraction procedures can be applied for which it can be demonstrated that the used extraction procedure has an equal extraction efficiency.

         (2)  Green fodder includes products intended for animal feed such as hay, silage, fresh grass, etc.

         (3)  The levels shall be reviewed by 31 December 2007 with the aim of reducing the maximum levels.’

         (4)  Maximum levels refer to an analytical determination of fluorine, whereby extraction is performed with hydrochloric acid 1 N for 20 minutes at ambient temperature. Equivalent extraction procedures can be applied for which it can be demonstrated that the used extraction procedure has an equal extraction efficiency.

         (5)  The levels shall be reviewed by 31 December 2007 with the aim of reducing the maximum levels.’

         (6)  Maximum levels refer to an analytical determination of cadmium, whereby extraction is performed in nitric acid (5 % w/w) for 30 minutes at boiling temperature. Equivalent extraction procedures can be applied for which it can be demonstrated that the used extraction procedure has an equal extraction efficiency.

         (7)  The levels shall be reviewed by 31 December 2007 with the aim of reducing the maximum levels.’


Avis juridique important

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31987L0489

Council Directive 87/489/EEC of 22 September 1987 amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to swine fever

Official Journal L 280 , 03/10/1987 P. 0028 - 0029 Finnish special edition: Chapter 3 Volume 24 P. 0158  Swedish special edition: Chapter 3 Volume 24 P. 0158

*****COUNCIL  DIRECTIVE  of 22 September 1987  amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to swine fever  (87/489/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 87/231/EEC of  7 April 1987 amending, as regards certain measures relating to swine fever, Directives 64/432/EEC and 72/461/EEC (1), and in particular Article 3 thereof,  Having regard to the proposal from the Commission (2),  Having regard to the opinion of the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas, pursuant to Article 2 of Decision  87/230/EEC (5), the Council is to decide in particular on the necessary measures which must be implemented by the Member States in order to achieve the eradication of classical swine fever in the Community: whereas such measures are likely to have repercussions on the entire set of Community regulations adopted to date with regard to animal health policy problems in the trade of animals and meat; whereas in order to guarantee the effectiveness of these measures, the provisions of these regulations should be amended as appropriate;  Whereas Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (6) defined the conditions which must be satisfied as regards classical swine fever by live pigs intended for intra-Community trade;  Whereas Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (7) defines the conditions which must be satisfied as regards classical swine fever by fresh pigmeat intended for intra-Community trade;  Whereas, as a result of national programmes to eradicate classical swine fever introduced in the framework of a Community measure, some Member States have totally eradicated the disease and can claim to be officially free of classical swine fever; whereas they should therefore be given the possibility of maintaining the status they have acquired and preventing the reappearance of the disease on their territory by strengthening the safeguards which they enjoy as regards trade in the products concerned, in view of the adverse effects of this disease on the productivity of pig herds and on the income of those working in this sector,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 64/432/EEC is hereby amended as follows:  1. At the end of Article 2 (p), second indent, and (q), second subparagraph, 'for at least the preceding 12 months' is added.  2. In Article 4b (1) (c), fourth and fifth lines, 'acting unanimously' is replaced by 'acting by a qualified majority'.  3. Article 4b (2) is replaced by the following:  '2. This Article shall apply until 31 December 1991. The Commission shall submit to the Council by 1 July 1991 at the latest a report on the way in which the situation has developed, in particular as regards trade, accompanied, in respect of swine fever, by suitable proposals.  The Council shall act by a qualified majority on these proposals by 31 December 1991 at the latest.'  4. In Article 7 (1):  - in point (f), '31 December 1988' is replaced by '31 December 1991',  - in point (g), the reference to Article 3 (3) (e) is replaced by a reference to Article 3 (3) (d).  Article 2  Article 13a of Directive 72/461/EEC is hereby amended as follows:  - in paragraph 1, second subparagraph, third line, 'in slaughterhouses in which vaccinated pigs' is replaced by 'in slaughterhouses in which pigs which have been vaccinated in the preceding 12 months',  - in paragraph 2, 'acting unanimously' is replaced by 'acting by a qualified majority',  - in paragraph 3, first and third subparagraphs, '31 December 1988' is replaced by '31 December 1991'.  Article 3  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1988 and shall forthwith inform the Commission thereof.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 22 September 1987.  For the Council  The President  L. TOERNAES  (1) OJ No L 99, 11. 4. 1987, p. 18.  (2) OJ No C 295, 21. 11. 1986, p. 5.  (3) OJ No C 76, 23. 3. 1987, p. 169.  (4) OJ No C 83, 30. 3. 1987, p. 3.  (5) OJ No L 99, 11. 4. 1987, p. 16.  (6) OJ No 121, 29. 7. 1964, p. 1977/64.  (7) OJ No L 302, 31. 12. 1972, p. 28.


Avis juridique important

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32000L0020

Directive 2000/20/EC of the European Parliament and of the Council of 16 May 2000 amending Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine

Official Journal L 163 , 04/07/2000 P. 0035 - 0036

Directive 2000/20/EC of the European Parliament and of the Councilof 16 May 2000amending Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swineTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 152(4)(b) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the Economic and Social Committee(1),Following consultation of the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),Whereas:(1) Directive 64/432/EEC(3) has been amended and updated by Directive 97/12/EC(4) and by Directive 98/46/EC(5).(2) Problems concerning the implementation of Directive 64/432/EEC as amended by the two aforementioned Directives require transitional measures to avoid disturbances in trade in live animals of the bovine and porcine species.(3) Moreover, Directive 64/432/EEC and Council Regulation (EC) No 820/97 of 21 April 1997 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(6) refer to the creation of computer databases, inter alia for bovine animals, to store information on animals and their movements.(4) Problems have been encountered with the application of the animal health conditions and in particular in relation to the link with the identification and registration of animals.(5) Directive 64/432/EEC is to be amended to ensure consistency of Community rules and to allow the Commission to adopt transitional measures allowing the Member States to adapt to the new trade conditions.(6) As a result, it is appropriate to delay the entry into force of certain provisions in the said Directive.(7) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7),HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 64/432/EEC is hereby amended as follows:1. the following point shall be added to Article 6(2):"(e) until 31 December 2000, not be subject to the test requirements laid down in (a) or (b) in the case of bovine animals aged less than 30 months intended for meat production which:- come from a beef holding officially tuberculosis-free and officially brucellosis-free,- are accompanied by an animal health certificate with paragraph 7 in Section A of Annex F Model 1 duly completed,- remain under supervision until their slaughter,- have not come into contact during transport with bovine animals not coming from herds officially free from those diseases,and provided that:- these arrangements are restricted to trade between Member States or regions of Member States with the same health status with regard to tuberculosis or brucellosis,- the Member State of destination takes all necessary measures to avoid any contamination of indigenous herds,- the Member States put in place a proper system of random sampling, inspections and controls designed to ensure the efficient implementation of these rules,- the Commission monitors the proper operation of this Directive so as to ensure that Member States comply fully with the rules;";2. in the second subparagraph of Article 6(3), "31 December 1999" shall be replaced by "31 December 2000";3. the following paragraph shall be added to Article 16:"3. Where necessary to facilitate the changeover to the new arrangements provided for in this Directive, the Commission, acting in accordance with the procedure laid down in Article 17a, may adopt transitional measures applicable for a period of not more than two years.";4. Article 17 shall be replaced by the following:"Article 171. The Commission shall be assisted by the Standing Veterinary Committee established by Decision 68/361/EEC (hereinafter referred to as the 'Committee').2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.";5. the following Article shall be inserted:"Article 17a1. The Commission shall be assisted by the Standing Veterinary Committee established by Decision 68/361/EEC (hereinafter referred to as the 'Committee').2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.";6. in Annex A, I, 2, point (c), third indent, the word "or" shall be inserted between points (1) and (2).7. in Annex A, I, 4 and in Annex A, II, 7 point (b) shall be replaced by the following:"(b) each bovine animal is identified in accordance with Community legislation, and";8. the following paragraph shall be added to Annex F, Model 1, Section A:"7. (3) is an animal less than 30 months old intended for meat production originating from a herd which is officially tuberculosis, brucellosis and leukosis free, and is dispatched in accordance with Article 6(2)(e) of Directive 64/432/EEC under licence No ...".Article 21. Member States shall bring into force the laws, regulations or administrative provisions required for compliance with this Directive with effect from 1 December 1999. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 16 May 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentL. Capoulas Santos(1) OJ C 51, 23.2.2000, p. 31.(2) Opinion of the European Parliament of 16 March 2000 (not yet published in the Official Journal) and Council Decision of 17 April 2000.(3) OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Directive 98/99/EC (OJ L 358, 31.12.1998, p. 107).(4) OJ L 109, 25.4.1997, p. 1.(5) OJ L 198, 15.7.1998, p. 22.(6) OJ L 117, 7.5.1997, p. 1.(7) OJ L 184, 17.7.1999, p. 23.


Avis juridique important

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31981L0465

Council Directive 81/465/EEC of 24 June 1981 amending, consequent upon Greek accession, Directive 79/695/EEC on the harmonization of procedures for the release of goods for free circulation

Official Journal L 183 , 04/07/1981 P. 0034 Spanish special edition: Chapter 02 Volume 8 P. 0276  Portuguese special edition Chapter 02 Volume 8 P. 0276

****( 1 ) OJ NO C 144 , 15 . 6 . 1981 , P . 33 .  ( 2 ) OJ NO L 205 , 13 . 8 . 1979 , P . 19 .    COUNCIL DIRECTIVE   OF 24 JUNE 1981   AMENDING , CONSEQUENT UPON GREEK ACCESSION , DIRECTIVE 79/695/EEC ON THE HARMONIZATION OF PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION  ( 81/465/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 ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   WHEREAS , CONSEQUENT UPON THE ACCESSION OF GREECE , THE NUMBER OF VOTES NEEDED TO CONSTITUTE A MAJORITY IN THE COMMITTEE PROCEDURE LAID DOWN IN ARTICLE 26 ( 2 ) OF COUNCIL DIRECTIVE 79/695/EEC OF 24 JULY 1979 ON THE HARMONIZATION OF PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION ( 2 ) SHOULD BE ADJUSTED ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   IN ARTICLE 26 ( 2 ) OF DIRECTIVE 79/695/EEC , THE NUMBER ' 41 ' SHALL BE REPLACED BY ' 45 ' .   ARTICLE 2   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT LUXEMBOURG , 24 JUNE 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . M . V . VAN AARDENNE


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31976L0580

Council Directive 76/580/EEC of 29 June 1976 amending Directive 73/239/EEC on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance

Official Journal L 189 , 13/07/1976 P. 0013 - 0014 Finnish special edition: Chapter 6 Volume 1 P. 0188  Greek special edition: Chapter 06 Volume 1 P. 0227  Swedish special edition: Chapter 6 Volume 1 P. 0188  Spanish special edition: Chapter 06 Volume 1 P. 0217  Portuguese special edition Chapter 06 Volume 1 P. 0217

COUNCIL DIRECTIVE  of 29 June 1976  amending Directive 73/239/EEC on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance  (76/580/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 57 (2) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas Council Directive 73/239/EEC of 24 July 1973 on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance (3), to facilitate the taking up and pursuit of the said business, has eliminated certain divergencies between national legislations ; whereas it has ensured adequate protection for insured and third parties in all the Member States and, at the same time, co-ordinated in particular the provisions relating to the financial guarantees required of insurance undertakings;  Whereas, pursuant to that Directive, the minimum guarantee fund which each Member State requires of all insurance undertakings with head offices in its territory may not be less than certain amounts which are expressed in units of account in the Directive;  Whereas the unit of account is also referred to in order to determine the amount of the contribution revenue of certain mutual associations below which the Directive does not apply;  Whereas, for the purposes of the said Directive "unit of account" means that unit which is defined in Article 4 of the Protocol on the Statute of the European Investment Bank ; whereas on the basis of this definition the conversion of the amounts mentioned in the Directive into national currencies would lead to distortions of competition between undertakings whose head offices are situated in the various Member States;  Whereas by Decision 75/250/EEC (4) the Council defined on 21 April 1975 a European unit of account representing the average of any changes in the value of the currencies of the Member States ; whereas the conversion rate for each currency against this unit of account is fixed automatically by reference to daily quotations on the exchange markets ; whereas the use of this European unit of account places insurance undertakings on the same competitive footing;  (1)OJ No C 28, 9.2.1976, p. 16. (2)OJ No C 35, 16.2.1976, p. 17. (3)OJ No L 228, 16.8.1973, p. 3. (4)OJ No L 104, 24.4.1975, p. 35.   Whereas Article 4 of the aforesaid Protocol is undergoing revision ; whereas, pursuant to the Decision of 18 March 1975 of the Board of Governors of the EIB, the Bank uses the European unit of account defined by Council Decision 75/250/EEC;  Whereas more recently, on 18 December 1975, the Commission, by Decision No 3289/75/ECSC (1), adopted, with the unanimous assent of the Council, this European unit of account in applying the Treaty establishing the European Coal and Steel Community;  Whereas the value of the European unit of account in each of the Member States' currencies is fixed daily and whereas a reference day must also be fixed for its use when applying this Directive;  Whereas, however, in certain Member States the introduction of the European unit of account would lead to a reduction in terms of national currency of the amounts expressed in units of account in the Directive ; whereas such a reduction would lead to a corresponding reduction in the protection now given to insured parties by the minimum guarantee fund ; whereas the said amounts should be reviewed every two years ; whereas, as a result of this review, the amounts in question are likely to be amended ; whereas in certain Member States the reduction in the amounts expressed in national currency could, under these conditions, be swiftly followed by a further adjustment in those States ; whereas the implementation of these successive measures would raise difficulties for undertakings and supervisory authorities ; whereas, therefore, these amounts should be kept at the level which they would have reached on the basis of the conversion rate applicable before the introduction of the European unit of account, if this level is higher than that of the European unit of account, until the amounts fixed in Directive 73/239/EEC are reviewed;  Whereas changes in the economic and monetary situation of the Community justify the examination at regular intervals of the latter amounts,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. The following shall be substituted for the text of Article 5 (a) of Directive 73/239/EEC:  "(a) Unit of account means the European unit of account (EUA) as defined by Commission Decision 3289/75/ECSC (1). Wherever this Directive refers to the unit of account, the conversion value in national currency to be adopted shall, as from 31 December of each year, be that of the last day of the preceding month of October for which EUA conversion values are available in all the Community currencies;".  2. The following note is added as a footnote to the page where Article 5 of Directive 73/239/EEC appears:  "(1) OJ No L 327, 19.12.1975, p. 4.".   Article 2 As an transitional measure and until the amounts expressed in units of account in Directive 73/239/EEC have been amended for the first time, the amounts expressed in national currency for conversion of the unit of account, as defined in Article 5 (a), shall not be less than those derived according to the rate of conversion applicable to the unit of account before the adoption of this Directive.   Article 3 Every two years, the Council, acting on a proposal from the Commission, shall review and if necessary amend the amounts expressed in Directive 73/239/EEC in units of account, taking into account changes in the economic and monetary situation of the Community.   Article 4 The national provisions amended in accordance with this Directive shall be applicable as from 31 December 1976.   Article 5 This Directive is addressed to the Member States.     Done at Luxembourg, 29 June 1976.  For the Council  The President  G. THORN  (1)OJ No L 327, 19.12.1975, p. 4.


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31981L0853

Council Directive 81/853/EEC of 19 October 1981 amending Directive 79/695/EEC on the harmonization of procedures for the release of goods for free circulation

Official Journal L 319 , 07/11/1981 P. 0001 - 0002 Spanish special edition: Chapter 02 Volume 8 P. 0287  Portuguese special edition Chapter 02 Volume 8 P. 0287

+++++( 1 ) OJ NO C 61 , 20 . 3 . 1981 , P . 5 .  ( 2 ) OJ NO C 260 , 12 . 10 . 1981 , P . 111 .  ( 3 ) OJ NO C 189 , 30 . 7 . 1981 , P . 14 .  ( 4 ) OJ NO L 205 , 13 . 8 . 1979 , P . 19 .  COUNCIL DIRECTIVE OF 19 OCTOBER 1981 AMENDING DIRECTIVE 79/695/EEC ON THE HARMONIZATION OF PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION ( 81/853/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 ARTICLE 27 ( 1 ) OF COUNCIL DIRECTIVE 79/695/EEC OF 24 JULY 1979 ON THE HARMONIZATION OF PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION ( 4 ) PROVIDES THAT MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THE DIRECTIVE NOT LATER THAN SIX MONTHS AFTER THE DATE OF PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES OF THE REGULATION LAYING DOWN THE CONDITIONS UNDER WHICH A PERSON IS PERMITTED TO MAKE A CUSTOMS ENTRY ;  WHEREAS THE ADOPTION BY THE COUNCIL OF THE ABOVEMENTIONED REGULATION HAS NOT TAKEN PLACE WITHIN THE PERIOD ORIGINALLY SPECIFIED ; WHEREAS , HOWEVER , THE DISTORTIONS OF TREATMENT RESULTING FROM THE CONSIDERABLE DISPARITIES IN THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES ON THE RELEASE OF GOODS FOR FREE CIRCULATION SHOULD BE ELIMINATED AS QUICKLY AS POSSIBLE ;  WHEREAS , ALTHOUGH DIRECTIVE 79/695/EEC DOES NOT ENABLE HARMONIZATION TO BE ACHIEVED OF ALL THE RULES TO BE RESPECTED IN THE MEMBER STATES WHEN GOODS ARE RELEASED FOR FREE CIRCULATION , BECAUSE OF THE ABSENCE OF COMMUNITY RULES DEFINING THE CONDITIONS UNDER WHICH PERSONS MAY BE ALLOWED TO ENTER GOODS FOR CUSTOMS PURPOSES , IT NONETHELESS SEEMS APPROPRIATE TO IMPLEMENT HENCEFORTH THE PROVISIONS WHICH IT CONTAINS ; WHEREAS THE EXACT DATE BY WHICH MEMBER STATES MUST BRING INTO FORCE THE MEASURES NECESSARY TO COMPLY WITH THE SAID DIRECTIVE SHOULD THEREFORE BE FIXED ; WHEREAS , HOWEVER , IT IS NOT NECESSARY TO AMEND THE DATE UNTIL WHICH THE EFFECTIVE IMPLEMENTATION OF ARTICLES 17 TO 22 OF THE DIRECTIVE MAY BE POSTPONED ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE FIRST AND SECOND SUBPARAGRAPHS OF ARTICLE 27 ( 1 ) OF DIRECTIVE 79/695/EEC ARE HEREBY REPLACED BY THE FOLLOWING :  " MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE NOT LATER THAN 1 JULY 1982 . "  ARTICLE 2  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT LUXEMBOURG , 19 OCTOBER 1981 .  FOR THE COUNCIL  THE PRESIDENT  P . WALKER


title: Directive 2008/103/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as regards placing batteries and accumulators on the market (Text with EEA relevance)

text:
               5.12.2008

               EN

               Official Journal of the European Union

               L 327/7

      DIRECTIVE 2008/103/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 19 November 2008
   amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as regards placing batteries and accumulators on the market
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95(1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Article 6(2) of Directive 2006/66/EC (3) should be clarified in order that batteries and accumulators which were legally placed on the market anywhere in the Community before 26 September 2008 and which do not comply with that Directive can remain on the market in the Community after this date. This clarification would provide legal certainty for batteries placed on the market in the Community and would ensure the smooth functioning of the internal market. The clarification is in line with the principle of waste minimisation and would contribute to reducing administrative burdens.

               (2)

               Directive 2006/66/EC should therefore be amended accordingly,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendment to Directive 2006/66/EC
   Article 6(2) of Directive 2006/66/EC shall be replaced by the following:

      ‘2.   Member States shall take the necessary measures to ensure that batteries or accumulators which do not meet the requirements of this Directive are not placed on the market after 26 September 2008.
      Batteries and accumulators which do not meet the requirements of this Directive and which are placed on the market after this date shall be withdrawn from the market.’

   Article 2
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 5 January 2009.
   When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   Entry into force
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 4
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 19 November 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J.-P. JOUYET

      (1)  Opinion delivered on 9 July 2008 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 9 July 2008 (not yet published in the Official Journal) and Council Decision of 20 October 2008.

      (3)  OJ L 266, 26.9.2006, p. 1.


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31989L0427

Council Directive 89/427/EEC of 21 June 1989 amending Directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates

Official Journal L 201 , 14/07/1989 P. 0053 - 0055 Finnish special edition: Chapter 15 Volume 9 P. 0073  Swedish special edition: Chapter 15 Volume 9 P. 0073

*****COUNCIL  DIRECTIVE  of 21 June 1989  amending Directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates  (89/427/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s 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 European Communities' 1973 (4), 1977 (5), 1983 (6) and 1987 (7) action programmes on the environment put the accent on harmonization of the action taken to protect the environment and on the need to reduce the concentrations of the principal pollutants in the air to levels considered acceptable for protecting sensitive ecosystems;  Whereas Council Directive 80/779/EEC (8), as last amended by the 1985 Act of Accession, offers a choice between two methods of sampling and analysis and two sets of associated limit values;  Whereas Article 10 (4) of the abovementioned Directive requires the submission between July 1987 and July 1988, of proposals on this parallel application of two different sets of measurement methods and limit values;  Whereas these proposals must take account of the results of the parallel measurements referred to in Article 10 (3) and of the need to avoid discriminatory provisions;  Whereas the results of the parallel measurements have shown that the limit values set out in Annex I and Annex IV to this Directive do not correspond as regards their stringency;  Whereas some Member States apply the limit values in Annex I and others those in Annex IV;  Whereas this has led to the use of different methods of sampling which are difficult to compare;  Whereas it is essential to harmonize the measurement methods and whereas, therefore, reference methods or technical specifications for the analysis and sampling of sulphur dioxide and suspended particulates in the air must be defined and finalized;  Whereas the Member States have taken measures to observe the limit values in the exempted zones as soon as possible and by 1 April 1993 at the latest;  Whereas these measures are based on one or other of the two measurement methods and associated values laid down by Directive 80/779/EEC;  Whereas the dual approach for measuring suspended particulates in the air causes discrimination between Member States;  Whereas a two-stage review is needed to draft proposals to avoid this dual approach without calling into question completion of the measures already taken by the Member States to observe the limit values;  Whereas these amendments must be taken into account in the obligations imposed by Article 3 of the said Directive on Member States applying Annex IV thereof,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 80/779/EEC is hereby amended as follows:  1. Article 10 (1), (3) and (4) is replaced by the following:  '1. For the purposes of applying this Directive, Member States shall use either the reference methods of sampling and analysis referred to in Annex III for sulphur dioxide and for suspended particulates measured by the black smoke method or in Annex IV for suspended particulates measured by the gravimetric method, or any other method of sampling and analysis in respect of which they demonstrate to the Commission at regular intervals:  - either that it ensures satisfactory correlation of results with those obtained using the reference method,  - or that measurements taken in parallel with the reference method at a series of representative stations chosen in accordance with the requirements laid down in Article 6 show that there is a reasonably stable relationship between the results obtained using that method and those obtained using the reference method.'  '3. By way of derogation from Article 3, Member States which decide to avail themselves of the provisions of paragraph 2 shall:  - inform the Commission, before 1 January 1991, of any zones where they consider that there is a likelihood that the concentrations of sulphur dioxide and suspended particulates in the air might exceed the limit values set out in Annex IV after 1 January 1991,  - forward to the Commission, as from 1 April 1991, plans for the progressive improvement of air quality in those zones. These plans, drawn up on the basis of relevant information on the nature, origin and development of the pollution, shall describe in particular the measures taken or to be taken and the procedures implemented or to be implemented by the Member States concerned. These measures and procedures must bring the concentrations of sulphur dioxide and suspended particulates in the air in these zones to values below or equal to the limit values set out in Annex IV as soon as possible and by 1 April 1993 at the latest.  4. To overcome the disadvantages of the dual approach currently laid down in Annexes I and IV, which are not completely equivalent, by 31 December 1992 the Commission shall submit to the Council a proposal for a general review of this Directive. The proposal shall take account of the experience acquired from the studies referred to in paragraph 5 and of the results of subsequent measurements taken using technical specifications or reference methods for determining suspended particulates and sulphur dioxide. These technical specifications or reference methods must be finalized by the Commission, in agreement with the Member States, by 31 December 1990.  This proposal shall cover any other aspects in need of review in the light of scientific knowledge and of the experience acquired over the period of application of this Directive. It shall take account of, inter alia, aspects connected with the design of the networks for measuring air pollution and with the installation of measuring equipment as well as the quality and comparability of the measurements taken.'  2. Annex IV shall be amended in accordance with the Annex to this Directive.  Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its notification (1). They shall forthwith inform the Commission thereof.  2. Member States shall see to it that they communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.  Article 3  This Directive is addressed to the Member States.  Done at Luxembourg, 21 June 1989.  For the Council  The President  C. ARANZADI  (1) OJ No C 254, 30. 9. 1988, p. 6.  (2) OJ No C 96, 17. 4. 1989, p. 189.  (3) OJ No C 56, 6. 3. 1989, p. 6.  (4) OJ No C 112, 20. 12. 1973, p. 1.  (5) OJ No C 139, 13. 6. 1977, p. 1.  (6) OJ No C 46, 17. 2. 1983, p. 1.  (7) OJ No C 328, 7. 12. 1987, p. 1.  (8) OJ No L 229, 30. 8. 1980, p. 30.  (1) This Directive was notified to Member States on 11 July 1989.  ANNEX  Annex IV to Directive 80/779/EEC:  1. Table A shall is hereby replaced by the following:  'TABLE A  Limit values for sulphur dioxide expressed in mg/m3, and associated values for suspended particulates (measured by the gravimetric method) expressed in mg/m3  1.2.3 //  //  //  // Reference period   // Limit values for sulphur dioxide   // Associated value for suspended particulates   //    //   //   // Year   // 80 (median of daily mean values taken throughout the year)  // 150 (median of daily mean values taken throughout the year)   //   // 120 (median of daily mean values taken throughout the year)   // 150 (median of daily mean values taken throughout the year)   //    //  //   // Winter 1. 10. - 31. 3.   // 130 (median of daily mean values taken throughout the winter)  // 200 (median of daily mean values taken throughout the winter)   //   // 180 (median of daily mean values taken throughout the winter)   // 200 (median of daily mean values taken throughout the winter)   //   //   //   // Year (made up of units of measuring periods of 24 hours)   // 250 (1) (98th percentile of all daily mean values taken throughout the year)  // 350 (98th percentile of all daily mean values taken throughout the year)   //   // 350 (1) (98th percentile of all daily mean values taken throughout the year)  // 350 (98th percentile of all daily mean values taken throughout the year)   //    //   //  (1) Member States must take all appropriate steps to ensure that this value is not exceeded for more than three consecutive days. Moreover, Member States must endeavour to prevent and to reduce any such instances in which this value has been exceeded.'  2. The whole of the text of the first indent of paragraph (i) is hereby replaced by the following:  '- Method of sampling:  The reference method in Annex III A.'


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31994L0066

Council Directive 94/66/EC of 15 December 1994 amending Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants

Official Journal L 337 , 24/12/1994 P. 0083 - 0085 Finnish special edition: Chapter 15 Volume 13 P. 0262  Swedish special edition: Chapter 15 Volume 13 P. 0262

COUNCIL DIRECTIVE 94/66/EC of 15 December 1994 amending Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plantsTHE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof,  Having regard to the proposal from the Commisison (1),  Having regard to the opinion of the Economic and Social Committee (2),  Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),  Whereas the 1973 (4), 1977 (5), 1983 (6), 1987 (7) and 1993 (8) European Community action programmes on the environment stress the importance of the reduction and prevention of atmospheric pollution;  Whereas Directive 88/609/EEC (9) did not set limit values for SO2 for new plants with a rated thermal input of between 50 and 100 megawatts which use solid fuel; whereas, however, Annex III thereof states that the Council, on the basis of a report from  the Commission, shall set emission limit values for plants in this category;  Whereas, according to the Commission's report to the Council on the availability of low-sulphur fuel, the difficult situation which had delayed the setting of these limit values has now improved, thanks notably to the availability on the world market of  sufficient quantities of coal with a low sulphur content; whereas emissions from the combustion of this type of coal can be limited to 2 000 mg/Nm3 (*);  Whereas in view of the damage caused to the environment by atmospheric pollution, the emission limit values for plants with a rated thermal input of between 50 and 100 megawatts should be set at this level,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 88/609/EEC is hereby amended as follows:  - Annex III shall be replaced by the Annex to this Directive;  - the following subparagraph shall be added to Article 4 (1):  'However, Member States may provide that new plants having a retard thermal input of not less than 50 megawatts and not more than 100 megawatts and licensed before the deadline for incorporation of Directive 94/66/EC (10)() into national law shall be  obliged to comply with the value set in Annex III by no later/than one year after that deadline.  '  Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than six months after its entry into force. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.   2. Member States shall communicate to the Commission the text of the provisions of domestic law which they adopt in the field governed by this Decision.   Article 3  This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.   Article 4  This Directive is addressed to the Member States.  Done at Brussels, 15 December 1994.  For the Council The President A. MERKEL  (1) OJ No C 17, 22. 1. 1993, p. 12.  (2) OJ No C 201, 26. 7. 1993, p. 4.  (3) Opinion of the European Parliament of 14 September 1993 (OJ No C 268, 4. 10. 1993, p. 34). Council common position of 8 June 1994 (OJ No C 213, 3. 8. 1994, p. 11) and Decision of the European Parliament of 17 November 1994 (OJ No C 341, 5. 12.  1994).  (4) OJ No C 112, 20. 12. 1973, p. 1.  (5) OJ No C 139, 13. 6. 1977, p. 1.  (6) OJ No C 46, 17. 2. 1983, p. 1.  (7) OJ No C 328, 7. 2. 1987, p. 1.  (8) OJ No C 138, 17. 5. 1993, p. 1.  (9) OJ No L 366, 7. 12. 1988, p. 1. Directive as amended by Directive 90/656/EEC (OJ No L 353, 17. 12. 1990, p. 59).  (10)() Mg/Nm3 means milligram per normal cubic metre or mass per volume of gas expressed in cubic metres produced at standard temperature (273° Kelvin) and pressure (101,3 Kilopascals) after deductions of the steam content.  (11)() OJ No L 337, 24. 12. 1994, p. 83.    ANNEX  'ANNEX III EMISSION LIMIT VALUES FOR SO2 FOR NEW PLANTS Solid fuel  g  g  '