Avis juridique important

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31982L0176

Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry

Official Journal L 081 , 27/03/1982 P. 0029 - 0034 Spanish special edition: Chapter 15 Volume 3 P. 0142  Portuguese special edition Chapter 15 Volume 3 P. 0142  Finnish special edition: Chapter 15 Volume 3 P. 0211  Swedish special edition: Chapter 15 Volume 3 P. 0211

*****COUNCIL  DIRECTIVE  of 22 March 1982  on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry  (82/176/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,  Having regard to Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1), and in particular Article 6 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, in order to protect the aquatic environment of the Community against pollution by certain dangerous substances, Article 3 of Directive 76/464/EEC provides for a system of prior authorization laying down emission standards for discharges of the substances in List I in the Annex thereto; whereas Article 6 of the same Directive provides that limit values shall be laid down for such emission standards and also quality objectives for the aquatic environment affected by these substances;  Whereas mercury and its compounds are included in List I;  Whereas the Member States are required to apply the limit values except in the cases where they may employ quality objectives;  Whereas, since the pollution caused by discharges of mercury into water is caused, to a large extent, by the electrolysis of alkali chlorides, in the first instance limit values should be established for this industry and quality objectives should be laid down for the aquatic environment into which mercury is discharged by this industry; whereas such discharges should therefore require prior authorization;  Whereas the purpose of such quality objectives must be to eliminate mercury pollution of the various parts of the aquatic environment which might be affected by mercury-bearing discharges from the chlor-alkali electrolysis industry;  Whereas such quality objectives must be laid down expressly for this purpose and not with the intention of establishing rules pertaining to consumer protection or to the marketing of products from the aquatic environment;  Whereas a specific monitoring procedure should be instituted to enable the Member States to demonstrate that the quality objectives are complied with;  Whereas provision should be made for the monitoring by the Member States of the aquatic environment affected by the said mercury discharges with a view to efficient application of this Directive; whereas Article 6 of Directive 76/464/EEC does not provide for the powers to introduce such monitoring; whereas, since the necessary powers of action have not been provided for in the Treaty, Article 235 thereof should be invoked;  Whereas it is important that the Commission forward to the Council, every five years, a comparative assessment of the implementation of this Directive by the Member States;  Whereas, since groundwater is the subject of a specific Directive, it is excluded from the scope of this Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. This Directive:  - in pursuance of Article 6 (1) of Directive 76/464/EEC, lays down limit values for emission standards for mercury in discharges from industrial plants as defined in Article 2 point (d) of this Directive,  - in pursuance of Article 6 (2) of Directive 76/464/EEC, lays down quality objectives for mercury in the aquatic environment,  - in pursuance of Article 6 (4) of Directive 76/464/EEC, lays down the time limits for compliance with the conditions of the authorizations granted by the competent authorities of Member States in the case of existing discharges,  - in pursuance of Article 12 (1) of Directive 76/464/EEC, lays down the reference methods of measurement enabling the mercury content in discharges and in the aquatic environment to be determined,  - in pursuance of Article 6 (3) of Directive 76/464/EEC, establishes a monitoring procedure,  - requires Member States to cooperate with one another in the case of discharges affecting the waters of more than one Member State.  2. This Directive applies to the waters referred to in Article 1 of Directive 76/464/EEC with the exception of groundwater.  Article 2  For the purposes of this Directive:  (a) 'mercury' means:  - the chemical element mercury,  - the mercury contained in any of its compounds;  (b) 'limit values' means:  the values specified in Annex I;  (c) 'quality objectives' means:  the requirements specified in Annex II;  (d) 'industrial plant' means:  a plant in which alkali chlorides are electrolyzed by means of mercury cells;  (e) 'existing plant' means:  an industrial plant which is operational on the date of notification of this Directive;  (f) 'new plant' means:  - an industrial plant which has become operational after the date of notification of this Directive,  - an existing industrial plant whose capacity for the electrolysis of alkali chlorides by means of mercury cells has been substantially increased after the date of notification of this Directive.  Article 3  1. The limit values, the time limits by which they must be complied with and the monitoring procedure for discharges are laid down in Annex I.  2. The authorizations referred to in Article 3 of Directive 76/464/EEC must contain provisions at least as stringent as those in Annex I to this Directive, except in cases where a Member State is complying with Article 6 (3) of Directive 76/464/EEC on the basis of Annexes II and IV to the present Directive.  The authorizations shall be reviewed at least every four years.  3. Without prejudice to their obligations arising out of paragraphs 1 and 2 and the provisions of Directive 76/464/EEC, Member States may grant authorizations for new plants only if such authorizations contain a reference to the standards corresponding to the best technical means available for preventing discharges of mercury.  Whatever the method it adopts, the Member State, where for technical reasons the intended measures do not conform to the best technical means available, shall provide the Commission, before any authorization, with the justifications for these reasons.  Within three months, the Commission shall send a report to the Member States stating its opinion on the derogation covered by the second subparagraph.  4. The reference method of analysis for determining the presence of mercury are given in Annex III.1. Other methods may be used provided that the limits of detection, precision and accuracy of such methods are at least as good as those laid down in Annex III.1. The accuracy required in the measurement of effluent flow is given in Annex III.2.  Article 4  The Member States concerned shall be responsible for monitoring the aquatic environment affected by industrial discharges. In the case of discharges affecting the waters of several Member States, the Member States concerned shall cooperate with a view to harmonizing monitoring procedures.  Article 5  1. From the information supplied to it by the Member States pursuant to Article 13 of Directive 76/464/EEC on receipt of a request which it must submit in each case, in particular concerning:  - details of authorizations laying down emission standards with regard to discharges of mercury,  - results of measurements made by the national network set up to determine concentrations of mercury,  the Commission shall make a comparative assessment of the implementation of the present Directive by the Member States.  2. Every five years the Commission shall forward to the Council the comparative assessment referred to in paragraph 1.  In the event of a change in scientific knowledge relating principally to the toxicity, persistence and accumulation of mercury in living organisms and sediments or in the event of an improvement in the best technical means available, the Commission shall submit appropriate proposals to the Council with the aim of reinforcing, if necessary, the limit values and the quality objectives.  Article 6  1. Member States shall bring into force the measures necessary to comply with this Directive before 1 July 1983. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.  Article 7  This Directive is addressed to the Member States.  Done at Brussels, 22 March 1982.  For the Council  The President  L. TINDEMANS  (1) OJ No L 129, 18. 5. 1976, p. 23.  (2) OJ No C 169, 6. 7. 1979, p. 2.  (3) OJ No C 341, 31. 12. 1980, p. 24.  (4) OJ No C 83, 2. 4. 1980, p. 16.  ANNEX I  Limit values, time limits by which they must be complied with, and monitoring procedure for discharges  1. The limit values expressed in terms of concentration which, in principle, should not be exceeded are set out in the following table.  1.2,3.4 //   //   //   // Unit of measurement  // Monthly average limit values not to be exceeded from 1 July  // Remarks  //  1.2.3.4 //   // 1983  // 1986  //   //   //   //   //  // Recycled brine and lost brine Micrograms of mercury per litre  // 75  // 50  // Applicable to the total quantity of mercury present in all mercury-containing water discharged from the site of the industrial plant  //   //   //   //  In all cases, limit values expressed as maximum concentrations may not be greater than those expressed as maximum quantities divided by water requirements per tonne of installed chlorine production capacity.  2. However, because the concentration of mercury in effluents depends upon the volume of water involved, which is different for different processes and plants, the limit values expressed in terms of quantity of mercury discharged in relation to installed chlorine production capacity given in the following table must be observed in all cases.  1.2,3.4 //   //   //   // Unit of measurement  // Monthly average limit values not to be exceeded from 1 July  // Remarks  //  1.2.3.4 //   // 1983  // 1986  //   //   //   //   //  // Recycled brine Grams of mercury per tonne of installed chlorine production capacity  // 0;5  // 0;5  // Applicable to the mercury present in effluent discharged from the chlorine production unit  //   // 1;5  // 1;0  // Applicable to the total quantity of mercury present in all mercury-containing water discharged from the site of the industrial plant  //  //   //   //   // Lost brine Grams of mercury per tonne of installed chlorine production capacity  // 8;0  // 5;0  // Applicable to the total quantity of mercury present in all mercury-containing water discharged from the site of the industrial plant  //   //   //   //  3. The daily average limit values are four times the corresponding monthly average limit values given in points 1 and 2.  4. In order to check whether the discharges comply with the emission standards which have been fixed in accordance with the limit values laid down in this Annex, a monitoring procedure must be instituted. This procedure must provide for:  - the taking each day of a sample representative of the discharge over a period of 24 hours and the measurement of the mercury concentration of that sample, and  - the measurement of the total flow of the discharge over that period.  The quantity of mercury discharged during a month must be calculated by adding together the quantities of mercury discharged each day during that month. This total must then be divided by the installed chlorine production capacity. ANNEX II  Quality objectives  For those Member States which apply the exception provided for in Article 6 (3) of Directive 76/464/EEC, the emission standards which Member States must establish and ensure are applied, pursuant to Article 5 of that Directive, shall be fixed so that the appropriate quality objective or objectives from among those listed below is or are complied with in the area affected by discharges of mercury from the chlor-alkali electrolysis industry. The competent authority shall determine the area affected in each case and shall select from among the quality objectives listed in paragraph 1 the objective or objectives that it deems appropriate having regard to the intended use of the area affected, taking account of the fact that the purpose of this Directive is to eliminate all pollution.  1. In order to eliminate pollution as defined in Directive 76/464/EEC, and pursuant to Article 2 of that Directive, the following quality objectives are set:  1.1. The concentration of mercury in a representative sample of fish flesh chosen as an indicator must not exceed 0;3 mg/kg wet flesh.  1.2. The total concentration of mercury in inland surface waters affected by discharges must not exceed 1 g/l as the arithmetic mean of the results obtained over a year.  1.3. The concentration of mercury in solution in estuary waters affected by discharges must not exceed 0;5 g/l as the arithmetic mean of the results obtained over a year.  1.4. The concentration of mercury in solution in territorial sea waters and internal coastal waters other than estuary waters affected by discharges must not exceed 0;3 mg/l as the arithmetic mean of the resu.lts obtained over a year.  1.5. The quality of the waters must be sufficient to comply with the requirements of any other Council Directive applicable to such waters as regards the presence of mercury.  2. The concentration of mercury in sediments or in shellfish must not increase significantly with time.  3. Where several quality objectives are applied to waters in an area, the quality of the waters must be sufficient to meet each of them.  4. The numerical values of the quality objectives specified in 1.2, 1.3 and 1.4 may, as an exception and where this is necessary for technical reasons, be multiplied by 1;5 until 30 June 1986, provided that the Commission has been notified beforehand.  ANNEX III  Reference method of measurement  1. The reference method of analysis for determining the mercury content in waters, the flesh of fish, sediments and shellfish is by flameless atomic absorption spectrophotometry after suitable pre-treatment of the sample which takes account in particular of pre-oxidation of the mercury and of successive reduction of the mercury ions Hg (II).  The limits of detection (1) must be such that the mercury concentration can be measured to an accuracy (1) of ± 30 % and a precision (1) of ± 30 % at the following concentrations:  - in the case of discharges, one tenth of the maximum permitted concentration of mercury specified in the authorization,  - in the case of surface water, one tenth of the mercury concentration specified in the quality objective,  - in the case of the flesh of fish and shellfish, one tenth of the mercury concentration specified in the quality objective,  - in the case of sediments, one tenth of the mercury concentration in the sample or 0;05 mg/kg dry weight, whichever is the greater.  2. Flow measurement must be carried out to an accuracy of ± 20 %.  ANNEX IV  Monitoring procedure for quality objectives  1. For each authorization granted in pursuance of this Directive, the competent authority shall specify the restrictions, the monitoring procedure and deadlines for ensuring compliance with the quality objective or objectives concerned.  2. In accordance with Article 6 (3) of Directive 76/464/EEC, the Member State shall report to the Commission for each quality objective chosen and applied, on:  - the points of discharge and the means of dispersal,  - the area in which the quality objective is applied,  - the location of sampling points,  - the frequency of sampling,  - the methods of sampling and of measurement,  - the results obtained.  3. Samples must be properly representative of the quality of the aquatic environment in the area affected by the discharges, and the frequency of sampling must be sufficient to show any changes in the aquatic environment, taking into account in particular natural variations in the hydrological regime. The salt-water fish analysis must be carried out on a sufficiently representative number of samples and species.  4. With regard to the quality objective in 1.1 of Annex II, the competent authority shall choose the species of fish to be adopted as indicators for analysis. For salt waters the species chosen from among those inhabiting coastal waters and caught locally may include cod, whiting, plaice, mackerel, haddock and flounder.  Statement on Article 3 (3)  The Council and the Commission state that the application of the best technical means available makes it possible to limit discharges of mercury from the site of a new industrial plant using the recycled-brine process to less than 0;5 g/tonne of installed chlorine production capacity.  (1) The definitions of these terms are as given in Council Directive 79/869/EEC of 9 October 1979 concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking water in the Member States (OJ No L 271, 29. 10. 1979, p. 44).


title: Commission Directive 2009/137/EC of 10 November 2009 amending Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments in respect of exploitation of the maximum permissible errors, as regards the instrument-specific annexes MI-001 to MI-005 (Text with EEA relevance)

text:
               11.11.2009

               EN

               Official Journal of the European Union

               L 294/7

      COMMISSION DIRECTIVE 2009/137/EC
   of 10 November 2009
   amending Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments in respect of exploitation of the maximum permissible errors, as regards the instrument-specific annexes MI-001 to MI-005
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments (1), and in particular Article 16(2) thereof,
   Whereas:

               (1)

               Directive 2004/22/EC harmonises the requirements for the placing on the market and/or the putting into use of measuring instruments with a measuring function defined in the instrument-specific annexes MI-001 to MI-010. Measuring instruments must meet the essential requirements laid down in Annex I and in the relevant instrument-specific Annex.

               (2)

               The instrument-specific annexes of Directive 2004/22/EC contain requirements adapted to the different types of measuring instruments. These requirements include specific provisions on allowable errors in order to ensure the accuracy and performance of the measuring instrument and to guarantee that the error of measurement under rated operated conditions and in the absence of a disturbance does not exceed the defined Maximum Permissible Error (MPE) value.

               (3)

               Since new specifications have been developed as regards gas meters and volume conversion devices, the very specific requirement of point 2.1 of Annex MI-002 could cause obstacles to technical progress and innovation and create barriers to the free circulation of gas meters. It should therefore be replaced by a more general performance requirement.

               (4)

               Directive 2004/22/EC provides in point 7.3 of Annex I with regard to utility measuring instruments for a general protection against unduly biased errors outside the controlled range. However, experience has shown that in order to guarantee that a measuring instrument does not exploit the Maximum Permissible Error (MPE) and systematically favour any of the parties involved in the transaction, it is necessary to require also protection against unduly biased errors inside the controlled range of these instruments.

               (5)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making1 (2), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

               (6)

               Directive 2004/22/EC should therefore be amended accordingly.

               (7)

               The measures provided for in this Directive are in accordance with the opinion of the Measuring Instruments Committee set up by Article 15(1) of Directive 2004/22/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   The instrument-specific annexes MI-001 to MI-005 to Directive 2004/22/EC are amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish by 1 December 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 1 June 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 a reference is to be made.
   2.   Member States shall communicate to the Commission the texts 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, 10 November 2009.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 135, 30.4.2004, p. 1.

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

      ANNEX
      Directive 2004/22/EC is amended as follows:

                  1.

                  In Annex MI-001, in section ‘MPE’ of the Specific Requirements the following point 6a is added:

                              ‘6a.

                              The meter shall not exploit the MPE or systematically favour any party’.

                  2.

                  Annex MI-002 is amended as follows:

                              (a)

                              in point 2.1 of Part I, the paragraph under the table is replaced by the following:
                              ‘The gas meter shall not exploit the MPEs or systematically favour any party’.

                              (b)

                              In point 8 of Part II the following paragraph is added after the note:
                              ‘The volume conversion device shall not exploit the MPEs or systematically favour any party’.

                  3.

                  In Annex MI-003, in point 3 of the Specific Requirements the following paragraph is added:
                  ‘The meter shall not exploit the MPEs or systematically favour any party’.

                  4.

                  In Annex MI-004, in point 3 of the Specific Requirements the following paragraph is added:
                  ‘The complete heat meter shall not exploit the MPEs or systematically favour any party’.

                  5.

                  In Annex MI-005, in point 2 of the Specific Requirements, the following point 2.8. is added:

                              ‘2.8.

                              The measuring system shall not exploit the MPEs or systematically favour any party’.


Avis juridique important

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31985L0173

Council Directive 85/173/EEC of 28 February 1985 amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 065 , 06/03/1985 P. 0023 - 0023 Spanish special edition: Chapter 03 Volume 33 P. 0246  Portuguese special edition Chapter 03 Volume 33 P. 0246  Finnish special edition: Chapter 3 Volume 18 P. 0114  Swedish special edition: Chapter 3 Volume 18 P. 0114

*****COUNCIL  DIRECTIVE  of 28 February 1985  amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products  (85/173/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas, by Directive 77/93/EEC (3), as last amended by Directive 81/7/EEC (4), the Council laid down protective measures against the introduction into the Member States of organisms harmful to plants or plant products;  Whereas it has appeared that it has been impossible to take all measures necessary to comply with the provisions of this Directive within the transitional period adopted in respect of the Hellenic Republic; whereas a more appropriate date should therefore be fixed for the expiry of that period,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 20 (4) (b) of Directive 77/93/EEC, '1 January 1983' is hereby replaced by '1 March 1985'.  Article 2  1. Member States shall bring into force, with effect from 1 January 1983, the laws, regulations or administrative provisions necessary to comply with this Directive.  2. Member States shall immediately communicate to the Commission the texts of all the provisions of national law which they adopt in implementation of this Directive. The Commission shall inform the other Member States thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 28 February 1985.  For the Council  The President  G. ANDREOTTI  (1) OJ No C 186, 13. 7. 1984, p. 11.  (2) OJ No C 300, 12. 11. 1984, p. 52.  (3) OJ No L 26, 31. 1. 1977, p. 20.  (4) OJ No L 14, 16. 1. 1981, p. 23.


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31984L0443

Commission Directive 84/443/EEC of 26 July 1984 amending the Annex to Council Directive 82/471/EEC concerning certain products used in animal nutrition

Official Journal L 245 , 14/09/1984 P. 0021 - 0027 Finnish special edition: Chapter 3 Volume 18 P. 0043  Spanish special edition: Chapter 03 Volume 32 P. 0095  Swedish special edition: Chapter 3 Volume 18 P. 0043  Portuguese special edition Chapter 03 Volume 32 P. 0095

COMMISSION DIRECTIVE of 26 July 1984 amending the Annex to Council Directive 82/471/EEC concerning certain products used in animal nutrition (84/443/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (1), and in particular Article 6 thereof,  Whereas Directive 82/471/EEC provides for the content of the Annexes to be constantly adjusted to the progress of scientific and technical knowledge;  Whereas it is appropriate to subdivide the group "non-protein nitrogenous compounds and similar products" in order to establish a clear distinction between those products belonging respectively to the groups "non-protein nitrogenous compounds", "amino acids and their salts", and "hydroxy-analogues of aminoacids" ; whereas, as a result of this subdivision and in the light of the studies which have been made, the use of new products should be authorized under certain conditions;  Whereas it has been found necessary to alter the composition characteristics and special provisions laid down for certain products contained in the Annex;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Annex to Directive 82/471/EEC shall be amended in accordance with the Annex hereto.   Article 2 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, not later than 30 June 1985. They shall immediately inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 26 July 1984.  For the Commission  Poul DALSAGER  Member of the Commission  (1) OJ No L 213, 21.7.1982, p. 8.     ANNEX    1. The heading of column 3, "Chemical designation of product or identity of micro-organism", is replaced by "Designation of nutritive principle or identity of micro-organism".       2. In the English text, the heading of column 4 "Nutrient substrate (specifications, if any)", is replaced by the heading "Culture substrate (specifications, if any)".       3. The following footnote is added : "The contents laid down or to be declared in accordance with columns 5 and 7 refer to the product as such."       4. Point 2, "Non-protein nitrogenous compounds and similar products in the following groups", is replaced by the following:  >PIC FILE= "T0026201">    >PIC FILE= "T0026202">    >PIC FILE= "T0026203">    >PIC FILE= "T0026204">    >PIC FILE= "T0026205">


title: Commission Directive 2006/59/EC of  28 June 2006  amending Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for carbaryl, deltamethrin, endosulfan, fenithrothion, methidathion and oxamyl   (Text with EEA relevance)

text:
               29.6.2006

               EN

               Official Journal of the European Union

               L 175/61

      COMMISSION DIRECTIVE 2006/59/EC
   of 28 June 2006
   amending Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for carbaryl, deltamethrin, endosulfan, fenithrothion, methidathion and oxamyl
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (1), and in particular Article 5 thereof,
   Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (2), and in particular Article 10 thereof,
   Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (3), and in particular Article 10 thereof,
   Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (4), and in particular Article 7 thereof,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (5), and in particular Article 4(1)(f) thereof,
   Whereas:

               (1)

               In the case of cereals and products of plant origin including fruit and vegetables, residue levels reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is as low as is practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the estimated dietary intake of consumers. In the case of foodstuffs of animal origin, residue levels reflect the consumption by animals of cereals and products of plant origin treated with pesticides and, where relevant, the direct consequences of the use of veterinary medicines. Community maximum residue levels (MRLs) represent the upper limit of the amount of such residues that might be expected to be found in commodities when good agricultural practices have been respected.

               (2)

               MRLs for pesticides are kept under review and changed to take account of new information and data. MRLs are fixed at the lower limit of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residue in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported by the necessary data.

               (3)

               The Commission was informed that for several pesticides current MRLs may need to be revised in the light of the availability of new information on the toxicology and consumer intake. The Commission has asked the relevant rapporteur Member States to make proposals for the review of Community MRLs. Such proposals were submitted to the Commission.

               (4)

               The lifetime and short-term exposure of consumers to the pesticides referred to in this Directive via food products has been reassessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation (6). On that basis, it is appropriate to fix new MRLs, which will ensure that there is no unacceptable consumer exposure.

               (5)

               Where relevant, the acute exposure of consumers to those pesticides via each of the food products that may contain residues has been assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. It is concluded that the presence of pesticide residues at or below the new MRLs will not cause acute toxic effects.

               (6)

               Through the World Trade Organisation, the Community’s trading partners have been consulted about the new MRLs and their comments on these levels have been taken into account.

               (7)

               The Annexes to Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.

               (8)

               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
   In Annex II to Directive 76/895/EEC the entries relating to carbaryl, and fenithrothion are deleted.
   Article 2
   Directive 86/362/EEC is amended as follows:

               (a)

               in Part A of Annex II, the lines for oxamyl as set out in Annex I to this Directive are added;

               (b)

               in Part A of Annex II, the lines for deltamethrin and methidathion are replaced by the text in Annex II to this Directive.

         Article 3
   Directive 86/363/EEC is amended as follows:

               (a)

               in Part A of Annex II, the line for carbaryl in Annex III to this Directive is added;

               (b)

               in Part B of Annex II, the line for deltamethrin is replaced by the text in Annex IV to this Directive.

         Article 4
   Directive 90/642/EEC is amended as follows:

               (a)

               in Annex II, the lines for carbaryl and oxamyl, as set out in Annex V to this Directive, are added;

               (b)

               in Annex II, the lines for deltamethrin, endosulfan, fenithrothion and methidathion are replaced by the text in Annex VI to this Directive.

         Article 5
   1.   Member States shall adopt and publish, by 29 December 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 30 December 2006, except the provisions for oxamyl which shall apply from 30 December 2007.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 6
   This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   Article 7
   This Directive is addressed to the Member States.

      Done at Brussels, 28 June 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 340, 9.12.1976, p. 26. Directive as last amended by Commission Directive 2005/70/EC (OJ L 276, 21.10.2005, p. 35).

      (2)  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2006/30/EC (OJ L 75, 14.3.2006, p. 7).

      (3)  OJ L 221, 7.8.1986, p. 43. Directive as last amended by Commission Directive 2006/30/EC.

      (4)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2006/53/EC (OJ L 154, 8.6.2006, p. 11).

      (5)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/45/EC (OJ L 130, 18.5.2006, p. 27).

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

      ANNEX I

                     Pesticide residues

                     Maximum levels in mg/kg

                     ‘Oxamyl

                     0,01 (1)
                         (2)

                     CEREALS

         (1)  Indicates lower limit of analytical determination.

         (2)  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 19 July 2010.’

      ANNEX II

                     Pesticide residues

                     Maximum levels in mg/kg

                     ‘Deltamethrin

                     2
                     CEREALS

                     Methidathion

                     0,02 (1)

                     CEREALS

         (1)  Indicates lower limit of analytical determination.’

      ANNEX III

                     Pesticide residues

                     Maximum levels in mg/kg

                     of fat contained in meat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex 0201, 0202, 0203, 0204, 0205 00 00, 0206, 0207, ex 0208, 0209 00, 0210, 1601 00 and 1602 (1) (4)

                     for cow's milk and whole cream cow's milk listed in Annex I under headings No 0401; for other foodstuffs in heading Nos 0401, 0402, 0405 00 and 0406 in accordance with (2) (4)

                     of shelled fresh eggs, for bird's eggs and egg yolks listed in Annex I under headings Nos 0407 00 and 0408 (3) (4)

                     ‘carbaryl

                     0,05 (1)

                     0,05 (1)

                     0,05 (1)

         (1)  Indicates lower limit of analytical determination.’

      ANNEX IV

                     Pesticide residues

                     Maximum levels in mg/kg

                     of fat contained in meat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex 0201, 0202, 0203, 0204, 0205 00 00, 0206, 0207, ex 0208, 0209 00, 0210, 1601 00 and 1602 (1) (4)

                     for cow's milk and whole cream cow's milk listed in Annex I under headings No 0401; for other foodstuffs in heading Nos 0401, 0402, 0405 00 and 0406 accordance with (2) (4)

                     of shelled fresh eggs, for bird's eggs and egg yolks listed in Annex I under headings Nos 0407 00 and 0408 (3) (4)

                     ‘deltamethrin
                     (cis-deltametrin) (2)

                     liver and kidney 0,03 (1), poultry and poultry products 0,1, others 0,5

                     0,05

                     0,05 (1)

         (1)  Indicates lower limit of analytical determination.

         (2)  Temporary MRL valid until 1 November 2007, pending review of the Annex III dossier under 91/414/EEC and the re-registration of deltamethrin formulations at Member State level.’

      ANNEX V

                     Groups and examples of individual products to which the MRLs apply

                     Carbaryl

                     Oxamyl (3)

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

                                 (i)

                                 CITRUS FRUIT

                     0,05 (1)

                     Grapefruit

                     Lemons

                     Limes

                     Mandarins (including clementines and other hybrids)

                     0,02 (2)

                     Oranges

                     Pomelos

                     Others

                     0,01 (1)
                         (2)

                                 (ii)

                                 TREE NUTS (shelled or unshelled)

                     0,05 (1)

                     0,01 (1)
                         (2)

                     Almonds

                     Brazil nuts

                     Cashew nuts

                     Chestnuts

                     Coconuts

                     Hazelnuts

                     Macadamia

                     Pecans

                     Pine nuts

                     Pistachios

                     Walnuts

                     Others

                                 (iii)

                                 POME FRUIT

                     0,05 (1)

                     0,01 (1)
                         (2)

                     Apples

                     Pears

                     Quinces

                     Others

                                 (iv)

                                 STONE FRUIT

                     0,05 (1)

                     0,01 (1)
                         (2)

                     Apricots

                     Cherries

                     Peaches (including nectarines and similar hybrids)

                     Plums

                     Others

                                 (v)

                                 BERRIES AND SMALL FRUIT

                     0,05 (1)

                     0,01 (1)
                         (2)

                                 (a)

                                 Table and wine grapes

                     Table grapes

                     Wine grapes

                                 (b)

                                 Strawberries (other than wild)

                                 (c)

                                 Cane fruit (other than wild)

                     Blackberries

                     Dewberries

                     Loganberries

                     Raspberries

                     Others

                                 (d)

                                 Other small fruit and berries (other than wild)

                     Bilberries

                     Cranberries

                     Currants (red, black and white)

                     Gooseberries

                     Others

                                 (e)

                                 Wild berries and wild fruit

                                 (vi)

                                 MISCELLANEOUS

                     0,01 (1)
                         (2)

                     Avocados

                     Bananas

                     Dates

                     Figs

                     Kiwis

                     Kumquats

                     Litchis

                     Mangoes

                     Olives (table consumption)

                     5

                     Olives (oil extraction)

                     5

                     Papayas

                     Passion fruit

                     Pineapples

                     Pomegranate

                     Others

                     0,05 (1)

               2.   Vegetables, fresh or uncooked, frozen or dry

                                 (i)

                                 ROOT AND TUBER VEGETABLES

                     0,05 (1)

                     0,01 (1)
                         (2)

                     Beetroot

                     Carrots

                     Cassava

                     Celeriac

                     Horseradish

                     Jerusalem artichokes

                     Parsnips

                     Parsley root

                     Radishes

                     Salsify

                     Sweet potatoes

                     Swedes

                     Turnips

                     Yam

                     Others

                                 (ii)

                                 BULB VEGETABLES

                     0,05 (1)

                     0,01 (1)
                         (2)

                     Garlic

                     Onions

                     Shallots

                     Spring onions

                     Others

                                 (iii)

                                 FRUITING VEGETABLES

                                 (a)

                                 Solanacea

                     Tomatoes

                     0,5

                     0,02 (2)

                     Peppers

                     0,02 (2)

                     Aubergines

                     0,02 (2)

                     Okra

                     Others

                     0,05 (1)

                     0,01 (1)
                         (2)

                                 (b)

                                 Cucurbits - edible peel

                     0,05 (1)

                     Cucumbers

                     0,02 (2)

                     Gherkins

                     0,02 (2)

                     Courgettes

                     0,03 (2)

                     Others

                     0,01 (1)
                         (2)

                                 (c)

                                 Cucurbits - inedible peel

                     0,05 (1)

                     0,01 (1)
                         (2)

                     Melons

                     Squashes

                     Watermelons

                     Others

                                 (d)

                                 Sweet corn

                     0,01 (1)
                         (2)

                                 (iv)

                                 BRASSICA VEGETABLES

                     0,05 (1)

                     0,01 (1)
                         (2)

                                 (a)

                                 Flowering brassica

                     Broccoli

                     Cauliflower

                     Others

                                 (b)

                                 Head brassica

                     Brussels sprouts

                     Head cabbage

                     Others

                                 (c)

                                 Leafy brassica

                     Chinese cabbage

                     Kale

                     Others

                                 (d)

                                 Kohlrabi

                                 (v)

                                 LEAF VEGETABLES AND FRESH HERBS

                     0,05 (1)

                     0,01 (1)
                         (2)

                                 (a)

                                 Lettuce & similar

                     Cress

                     Lamb's lettuce

                     Lettuce

                     Scarole

                     Ruccola

                     Leaves and stems of brassica

                     Others

                                 (b)

                                 Spinach & similar

                     Spinach

                     Beet leaves (chard)

                     Others

                                 (c)

                                 Watercress

                                 (d)

                                 Witloof

                                 (e)

                                 Herbs

                     Chervil

                     Chives

                     Parsley

                     Celery leaves

                     Others

                                 (vi)

                                 LEGUME VEGETABLES (fresh)

                     0,05 (1)

                     0,01 (1)
                         (2)

                     Beans (with pods)

                     Beans (without pods)

                     Peas (with pods)

                     Peas (without pods)

                     Others

                                 (vii)

                                 STEM VEGETABLES (fresh)

                     0,05 (1)

                     0,01 (1)
                         (2)

                     Asparagus

                     Cardoons

                     Celery

                     Fennel

                     Globe artichokes

                     Leeks

                     Rhubarb

                     Others

                                 (viii)

                                 FUNGI

                     0,05 (1)

                     0,01 (1)
                         (2)

                                 (a)

                                 Cultivated mushrooms

                                 (b)

                                 Wild mushrooms

                                 3.

                                 Pulses

                     0,05 (1)

                     0,01 (1)
                         (2)

                     Beans

                     Lentils

                     Peas

                     Others

                                 4.

                                 Oil seed

                     0,05 (1)

                     0,02 (1)
                         (2)

                     Linseed

                     Peanuts

                     Poppy seeds

                     Sesame seeds

                     Sunflower seeds

                     Rape-seed

                     Soya beans

                     Mustard seeds

                     Cotton seed

                     Hemp seed

                     Others

                                 5.

                                 Potatoes

                     0,05 (1)

                     0,01 (1)
                         (2)

                     Early potatoes

                     Ware potatoes

                                 6.

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

                     0,1 (1)

                     0,02 (2)

                                 7.

                                 Hops (dried), including hop pellets and unconcentrated powder

                     0,1 (1)

                     0,02 (2)

         (1)  Indicates lower limit of analytical determination.

         (2)  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 19 July 2010.

         (3)  Temporary MRL valid until 1 January 2008, pending submission of trial data.’

      ANNEX VI

                     Groups and examples of individual products to which the MRLs apply

                     Deltamethrin (cis-deltamethrin) (1)

                     Endosulfan (sum of alpha- and beta-isomers and endosulfansulphate expressed as endosulfan)

                     Fenitrothion

                     Methidathion

                                 ‘1.

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

                     0,01 (2)

                                 (i)

                                 CITRUS FRUIT

                     0,05 (2)

                     0,05 (2)

                     2

                     Grapefruit

                     Lemons

                     Limes

                     Mandarins (including clementines and other hybrids)

                     Oranges

                     Pomelos

                     Others

                                 (ii)

                                 TREE NUTS (shelled or unshelled)

                     0,05 (2)

                     0,1 (2)

                     0,05 (2)

                     Almonds

                     Brazil nuts

                     Cashew nuts

                     Chestnuts

                     Coconuts

                     Hazelnuts

                     Macadamia

                     Pecans

                     Pine nuts

                     Pistachios

                     Walnuts

                     Others

                                 (iii)

                                 POME FRUIT

                     0,02 (2)

                     Apples

                     0,2

                     Pears

                     0,3

                     Quinces

                     Others

                     0,1

                     0,05 (2)

                                 (iv)

                                 STONE FRUIT

                     0,05 (2)

                     Apricots

                     Cherries

                     0,2

                     Peaches (including nectarines and similar hybrids)

                     0,05

                     Plums

                     0,2

                     Others

                     0,1

                     0,02 (2)

                                 (v)

                                 BERRIES AND SMALL FRUIT

                                 (a)

                                 Table and wine grapes

                     0,2

                     0,5

                     0,02 (2)

                     Table grapes

                     Wine grapes

                                 (b)

                                 Strawberries (other than wild)

                     0,2

                     0,05 (2)

                     0,02 (2)

                                 (c)

                                 Cane fruit (other than wild)

                     0,05 (2)

                     0,02 (2)

                     Blackberries

                     0,5

                     Dewberries

                     Loganberries

                     Raspberries

                     0,5

                     Others

                     0,05 (2)

                                 (d)

                                 Other small fruit and berries (other than wild)

                     0,05 (2)

                     0,02 (2)

                     Bilberries

                     Cranberries

                     Currants (red, black and white)

                     0,5

                     Gooseberries

                     0,2

                     Others

                     0,05 (2)

                                 (e)

                                 Wild berries and wild fruit

                     0,05 (2)

                     0,05 (2)

                     0,02 (2)

                                 (vi)

                                 MISCELLANEOUS

                     0,05 (2)

                     Avocados

                     Bananas

                     Dates

                     Figs

                     Kiwi

                     0,2

                     Kumquats

                     Litchis

                     Mangoes

                     Olives (table consuption)

                     1

                     1

                     Olives (oil extraction)

                     1

                     1

                     Papaya

                     Passion fruit

                     Pineapples

                     Pomegranate

                     Others

                     0,05 (2)

                     0,02 (2)

                                 2.

                                 Vegetables, fresh or uncooked, frozen or dry

                     0,01 (2)

                     0,02 (2)

                                 (i)

                                 ROOT AND TUBER VEGETABLES

                     0,05 (2)

                     0,05 (2)

                     Beetroot

                     Carrots

                     Cassava

                     Celeriac

                     Horseradish

                     Jerusalem artichokes

                     Parsnips

                     Parsley root

                     Radishes

                     Salsify

                     Sweet potatoes

                     Swedes

                     Turnips

                     Yam

                     Others

                                 (ii)

                                 BULB VEGETABLES

                     0,05 (2)

                     Garlic

                     0,1

                     Onions

                     0,1

                     Shallots

                     0,1

                     Spring onions

                     0,1

                     Others

                     0,05 (2)

                                 (iii)

                                 FRUITING VEGETABLES

                                 (a)

                                 Solanacea

                     Tomatoes

                     0,3

                     0,5

                     Peppers

                     1

                     Aubergines

                     0,3

                     Okra

                     0,3

                     Others

                     0,2

                     0,05 (2)

                                 (b)

                                 Cucurbits — edible peel

                     0,2

                     0,05 (2)

                     Cucumbers

                     Gherkins

                     Courgettes

                     Others

                                 (c)

                                 Cucurbits — inedible peel

                     0,2

                     0,05 (2)

                     Melons

                     Squashes

                     Watermelons

                     Others

                                 (d)

                                 Sweet corn

                     0,05 (2)

                     0,05 (2)

                                 (iv)

                                 BRASSICA VEGETABLES

                     0,05 (2)

                                 (a)

                                 Flowering brassica

                     0,1

                     Broccoli

                     Cauliflower

                     Others

                                 (b)

                                 Head brassica

                     0,1

                     Brussels sprouts

                     Head cabbage

                     Others

                                 (c)

                                 Leafy brassica

                     0,5

                     Chinese cabbage

                     Kale

                     Others

                                 (d)

                                 Kohlrabi

                     0,05 (2)

                                 (v)

                                 LEAF VEGETABLES AND FRESH HERBS

                     0,05 (2)

                                 (a)

                                 Lettuce & similar

                     0,5

                     Cress

                     Lamb's lettuce

                     Lettuce

                     Scarole

                     Ruccola

                     Leaves and stems of brassica

                     Others

                                 (b)

                                 Spinach & similar

                     0,5

                     Spinach

                     Beet leaves (chard)

                     Others

                                 (c)

                                 Water cress

                     0,05 (2)

                                 (d)

                                 Witloof

                     0,05 (2)

                                 (e)

                                 Herbs

                     0,5

                     Chervil

                     Chives

                     Parsley

                     Celery leaves

                     Others

                                 (vi)

                                 LEGUME VEGETABLES (fresh)

                     0,2

                     0,05 (2)

                     Beans (with pods)

                     Beans (without pods)

                     Peas (with pods)

                     Peas (without pods)

                     Others

                                 (vii)

                                 STEM VEGETABLES (fresh)

                     0,05 (2)

                     Asparagus

                     Cardoons

                     Celery

                     Fennel

                     Globe artichokes

                     0,1

                     Leek

                     0,2

                     Rhubarb

                     Others

                     0,05 (2)

                                 (viii)

                                 FUNGI

                     0,05 (2)

                     0,05 (2)

                                 (a)

                                 Cultivated mushrooms

                                 (b)

                                 Wild mushrooms

                                 3.

                                 Pulses

                     1

                     0,05 (2)

                     0,01 (2)

                     0,02 (2)

                     Beans

                     Lentils

                     Peas

                     Others

                                 4.

                                 Oil seed

                     0,01 (2)

                     Linseed

                     Peanuts

                     Poppy seeds

                     Sesame seeds

                     Sunflower seed

                     Rape seed

                     0,1

                     0,05

                     Soya bean

                     0,5

                     Mustard seed

                     0,1

                     Cotton seed

                     5

                     Hemp seed

                     Others

                     0,05 (2)

                     0,1 (2)

                     0,02 (2)

                                 5.

                                 Potatoes

                     0,05 (2)

                     0,05 (2)

                     0,01 (2)

                     0,02 (2)

                     Early potatoes

                     Ware potatoes

                                 6.

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

                     5

                     30

                     0,5

                     0,1 (2)

                                 7.

                                 Hops (dried), including hop pellets and unconcentrated powder

                     5

                     0,1 (2)

                     0,02 (2)

                     0,1 (2)

         (1)  Temporary MRL valid until 1 November 2007, pending review of the Annex III dossier under 91/414/EEC and the re-registration of deltamethrin formulations at Member State level.

         (2)  Indicates lower limit of analytical determination.’


Avis juridique important

|

31987L0358

Council Directive 87/358/EEC of 25 June 1987 amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers

Official Journal L 192 , 11/07/1987 P. 0051 - 0054 Finnish special edition: Chapter 13 Volume 16 P. 0147  Swedish special edition: Chapter 13 Volume 16 P. 0147

*****COUNCIL  DIRECTIVE  of 25 June 1987  amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers  (87/358/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),  Whereas Directive 70/156/EEC (3), as last amended by the Act of Accession of Spain and Portugal, laid down the Community type-approval procedure for vehicles built in compliance with the technical requirements set out in specific directives and also the list of vehicle parts and characteristics covered by those directives;  Whereas, in order to eliminate the possibility of misinterpretation arising from the wording of certain Articles of that Directive, it is necessary that minor corrections be made;  Whereas, in order that the said type-approval procedure may be comprehensive in its application, it is necessary that it cover components as well as separate technical units and that each concept should be accurately defined;  Whereas, in order to apply the said type-approval procedure correctly, control of the conformity of production should include verification of the arrangements which have been made by the manufacturer to ensure that vehicles, separate technical units or components in production conform to the approved type;  Whereas, to reduce the amount of documentation now in circulation between Member States, the type-approval certificate, either in accordance with the relevant separate directive or the partially-completed type-approval certificate as annexed to Directive 70/156/EEC, should satisfy the normal information requirements of Member States, which have the option of requesting a more complete body of technical information;  Whereas the administrative procedures governing the relationships between Member States, where one Member State demonstrates to the type-approving Member State that a number of vehicles do not conform to the approved type and that there is therefore reason to believe that production conformity has not been adequately ensured, need to be clarified;  Whereas, in cases where the separate directives provide that a separate technical unit must bear the type-approval number, it should not be mandatory that each unit be accompanied by a certificate of conformity; whereas a manufacturer of a separate technical unit should in any case be required to provide information concerning any restrictions on its use and conditions relating to the fitting of the unit,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 70/156/EEC is hereby amended as follows:  1. Articles 1 and 2 are replaced by the following:  'Article 1  For the purposes of this Directive:  - "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural tractors and machinery,  - "separate technical unit" means a device, subject to the requirements of a separate directive, intended to be part of a vehicle which may be type-approved separately but only in relation to one or more specified types of vehicles,  - "component" means a device, subject to the requirements of a separate directive, intended to be part of a vehicle which may be type-approved independently of a vehicle.  Article 2  For the purposes of this Directive:  (a) "national type approval" means the administrative procedure known as:  - "agrément par type"/"typegoedkeuring" in Belgian law,  - "standardtypegodkendelse" in Danish law,  - "allgemeine Betriebserlaubnis" in German law,  - "égkrisi týpoy," in Greek law,  - "homologacion de tipo" in Spanish law,  - "réception par type" in French law,  - "type approval" in Irish law,  - "omologazione" or "approvazione del tipo" in Italian law,  - "agrément" in Luxembourg law,  - "typegoedkeuring" in Netherlands law,  - "aprovação de marca e modelo" in Portuguese law,  - "type approval" in United Kingdom law.  (b) "EEC type-approval" means the procedure whereby a Member State certifies that a vehicle type, separate technical unit or component satisfies the technical requirements of the separate directives and the checks listed in the EEC type-approval certificate, the model of which is given in Annex II, and, where applicable, completed by the Annex to the type-approval certificate as contained in the appropriate separate Directives.'  2. Articles 4 and 5 are replaced by the following:  'Article 4  1. Each Member State shall approve all vehicle types which satisfy the following conditions:  (a) the vehicle type must conform to the particulars in the information document;  (b) the vehicle type must satisfy the checks listed in the model, referred to in Article 2 (b), of the type-approval certificate.  2. A Member State granting type-approval shall take the necessary measures to verify, in so far as is necessary and if need be in cooperation with the competent authorities of the other Member States, that adequate arrangements have been made to ensure that vehicles in production conform to the approved type.  3. A Member State which has granted type-approval shall take the necessary measures to verify, in so far as is necessary and if need be in cooperation with the competent authorities of the other Member States, that the arrangements referred to in paragraph 2 continue to be adequate and that production models conform to the approved type. Verification that production models conform to the approved type shall be limited to spot checks, unless specified otherwise in the separate directives.  4. Each Member State shall complete all the sections of a type-approval certificate for each vehicle type which it approves.  Article 5  1. The competent authorities of each Member State shall, within one month, send the competent authorities of the other Member States a copy of the type-approval certificate for each vehicle type which they approve or refuse to approve.  2. Member States may, however, request from a Member State which has granted type-approval or the manufacturer or his authorized representative, further information contained in the technical documents listed in the type-approval certificate.  3. The manufacturer or his authorized representative in the country of registration shall complete a certificate of conformity, the model of which is given in Annex III, for each vehicle manufactured in conformity with the approved type.  4. Member States may, however, for purposes of taxation of a vehicle or completion of its registration documents, ask for particulars not mentioned in Annex III to be given on the certificate of conformity, provided that such particulars are explicitly stated on the information document or can be derived therefrom by a straightforward calculation.'  3. The following is deleted from Article 6 (2):  '. . . and shall send the competent authorities of the other Member States, in periodic batches, copies of amendments to information documents which have already been distributed.'  4. Article 7 (2) is replaced by the following:  '2. Nevertheless, this certificate shall not prevent a Member State from taking such measures in respect of vehicles which do not conform to the approved type.  There shall be failure to conform to the approved type where deviations from the particulars in the type-approval certificate and/or the information document are found to exist and where these deviations have not been authorized under Article 6 (2) or (3) by the Member State which granted the type-approval. A vehicle shall not be considered to deviate from the approved type where tolerances are permitted by separate directives and these tolerances are respected.'  5. Article 8 is replaced by the following:  'Article 8  1. If a Member State which has granted EEC type-approval finds that a number of vehicles accompanied by a certificate of conformity do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models once more conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, where necessary, extend to withdrawal of EEC type-approval. 2. If a Member State demonstrates that a number of vehicles accompanied by a certificate of conformity do not conform to the approved type it may request the Member State which granted the EEC type-approval to verify that production models conform to the approved type. The Member State which granted the EEC type-approval shall conduct the requested conformity of production check, within six months of the date of request, with, if it is considered necessary, the cooperation of the Member State which requested that such a check be conducted.  Where a failure to conform has been established, the competent authorities of the Member State which granted type-approval shall take the measures outlined in paragraph 1.  3. The competent authorities of the Member States shall inform each other within one month of any withdrawal of EEC type-approval, and of the reasons for such measure.  4. If the Member State which granted EEC type-approval disputes the failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute.  The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.'  6. Article 9a is amended as follows:  'Article 9a  1. Where the separate directives make express provision for so doing, EEC type-approval may also be granted to types of systems or parts of vehicles which form a separate technical unit and to components in accordance with Articles 3 to 9 and 14.  2. Where the separate technical unit or the component to be approved fulfils its function or offers a specific feature only in conjunction with other components of the vehicle and for this reason compliance with one or more requirements can be verified only when the separate technical unit or the component to be approved operates in conjunction with other vehicle components, whether real or simulated, the scope of the EEC type-approval of the separate technical unit or component must be restricted accordingly. The EEC type-approval certificate for a separate technical unit or component shall then include any restrictions on its use and shall indicate any conditions for fitting it. Observance of these restrictions and conditions shall be verified at the time of EEC type-approval of the vehicle.  3. However, the holder of EEC type-approval for a separate technical unit or a component granted in accordance with this Article shall complete the certificate provided for in Article 5 (3) and affix to each unit or component manufactured in conformity whith the approved type the trade name or mark, the type and, if the separate directive so provides, the type-approval number. In the latter case, these shall be no obligation to complete the certificate provided for in Article 5 (3).  4. The holder of an EEC type-approval certificate which, in accordance with the provisions of paragraph 2, includes restrictions on its use, shall deliver with each unit or component manufactured detailed information on these restrictions and shall indicate any conditions for fitting it.'  7. The third indent of Article 10 (1) is replaced by the following:  '- on application by the manufacturer or his authorized representative and on submission of the information required by the separate directive, the Member State concerned shall complete the type approval certificate in accordance with the relevant separate directive. A copy of this certificate shall be issued to the applicant. With respect to vehicles of the same type, other Member States shall accept this copy as proof that the requisite tests have been carried out.'  Article 2  The documents listed in the Annex to this Directive shall be considered to be equivalent to the type-approval certificate to which reference is made in the third indent of Article 10 (1) of Directive 70/156/EEC.  Article 3  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 October 1988. They shall forthwith inform the Commission thereof.  2. Member States shall arrange to forward to the Commission the text of the essential domestic legal provisions which they adopt in the field covered by this Directive.  Article 4  This Directive is addressed to the Member States.  Done at Luxembourg, 25 June 1987.  For the Council  The President  H. DE CROO  (1) OJ No C 48, 25. 2. 1987, p. 4.  (2) Opinion delivered on 19 June 1987 (not yet published in the Official Journal).  (3) OJ No L 42, 23. 2. 1970, p. 1.  ANNEX  - EEC type-approval certificate in respect of a separate technical unit,  - EEC type-approval certificate for a technical unit,  - EEC type-approval certificate of a separate technical unit,  - model EEC component type-approval certificate,  - model EEC type-approval certificate,  - Annex to the EEC vehicle type-approval certificate,  - Annex to the EEC type-approval certificate,  - communication concerning the type-approval,  - communication concerning the approval or, the type-approval certificate, partially filled in, for a motor vehicle, the model of which is given in Annex II to Directive 70/156/EEC.


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32003L0028

Commission Directive 2003/28/EC of 7 April 2003 adapting for the fourth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (Text with EEA relevance)

Official Journal L 090 , 08/04/2003 P. 0045 - 0046

Commission Directive 2003/28/ECof 7 April 2003adapting for the fourth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(1), as last amended by Commission Directive 2001/7/EC(2), and in particular Article 8 thereof,Whereas:(1) Annexes A and B to Directive 94/55/EC refer to Annexes A and B to the European Agreement concerning the international carriage of dangerous goods by road, generally known as the ADR, as applicable with effect from 1 July 2001.(2) The ADR is updated every two years. Consequently, the amended version will be in force with effect from 1 January 2003, with a transitional period up to 30 June 2003.(3) Annex C contains references to marginals which must become points.(4) It is therefore necessary to amend the Annexes to Directive 94/55/EC.(5) The measures provided for in this Directive are in conformity with the opinion of the Committee for the transport of dangerous goods,HAS ADOPTED THIS DIRECTIVE:Article 1The Annexes to Directive 94/55/EC are hereby amended as follows:1. Annex A is replaced by the following:"ANNEX AProvisions of Annex A to the European Agreement on the international carriage of dangerous goods by road (ADR), as applicable with effect from 1 January 2003, it being understood that "contracting party" is replaced by "Member State".The text of the amendments of the 2003 version of Annex A to the ADR will be published as soon as it is available in all official languages of the Community."2. Annex B is replaced by the following:"ANNEX BProvisions of Annex B to the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), as applicable with effect from 1 January 2003, it being understood that "contracting party" is replaced by "Member State".The text of the amendments of the 2003 version of Annex B to the ADR will be published as soon as it is available in all official languages of the Community."3. Annex C is amended in conformity with Annex C to this Directive.Article 21. The Member States shall bring into force the laws, regulations and administrative provisions needed to conform with this Directive no later than 1 July 2003. 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 a reference shall be laid down by the Member States.2. The Member States shall notify to the Commission the text of the provisions of internal law which they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 7 April 2003.For the CommissionLoyola De PalacioVice-President(1) OJ L 319, 12.12.1994, p. 7.(2) OJ L 30, 1.2.2001, p. 43.ANNEX"ANNEX C1. Under point 2, replace "is marginal 10 599 in Annex B" by "is Chapter 1.9 in Annex A".2. Under point 4, replace "is marginal 2 211 in Annex A" by "consists of the definitions of 'cylinder', 'tube', 'pressure drum', 'cryogenic vessel' and 'cylinder rack' given in section 1.2.1 of Annex A."3. Under point 5, replace "are marginals 2 010 and 10 602 in Annexes A and B" by "are those in Chapter 1.5 in Annex A"".


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31981L0527

Council Directive 81/527/EEC of 30 June 1981 on the development of agriculture in the French overseas departments

Official Journal L 197 , 20/07/1981 P. 0038 - 0040

COUNCIL DIRECTIVE of 30 June 1981 on the development of agriculture in the French overseas departments (81/527/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas, in order to attain the objectives of the common agricultural policy set out in Article 39 (1) (a) and (b) of the Treaty, special measures must be taken, at Community level, to remedy the situation in those agricultural areas where production conditions are particularly difficult;  Whereas from 1980 onwards there can be no aid from the European Development Fund;  Whereas the French overseas departments are very little developed compared with the other regions of the Community and are in a particularly unfavourable situation as regards agricultural yield and incomes, while the agricultural sector is the only one capable of playing a prominent part in the economic development of the said departments;  Whereas the conditions and limits laid down in Articles 13 and 19 of Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (3), as last amended by Directive 81/528/EEC (4), are not well-suited to the particular structural situation of the said departments;  Whereas the objective should be to enable the structural development of these regions to catch up through measures having lasting effects on their agricultural economies;  Whereas agricultural production in the said departments is seriously affected by a water supply situation which is distorted by an inadequate infrastructure in rural areas, and by soils which require much improvement before they can yield well or be efficiently exploited for forestry;   (1) OJ No C 291, 10.11.1980, p. 83.  (2) OJ No C 348, 31.12.1980, p. 6.  (3) OJ No L 96, 23.4.1972, p. 1.  (4) See page 41 of this Official Journal.   Whereas measures to promote stockfarming and the diversification of crops must be encouraged;  Whereas these measures concerned with underdevelopment should be expedited by means of Community aid;  Whereas these objectives should be pursued by way of a multi-purpose common measure covering all the French overseas departments and constituting a special programme extenting over several years and submitted by the French Republic;  Whereas it follows from the foregoing that the measures referred to above constitute a common measure within the meaning of Article 6 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (1), as last amended by Regulation (EEC) No 3509/80 (2),  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. With a view to promoting the development of agriculture in the French overseas departments, a common measure within the meaning of Article 6 (1) of Regulation (EEC) No 729/70, to be implemented by the French Republic, shall be introduced in the departments of Réunion, Guadeloupe, Martinique and Guiana.  2. The conditions and limits laid down in Article 13 (2) and Article 19 (2) and (3) of Directive 72/159/EEC shall not apply to the operations covered by this common measure.   Article 2 1. The Community's financial contribution may be used only in the framework of a programme implementing all the measures envisaged in the departments concerned. Such a programme for all the departments concerned or for one or more thereof shall be submitted to the Commission by the French Republic.  2. The Commission shall decide whether to approve the programme and any amendments thereto in accordance with the procedure laid down in Article 18 of Directive 72/159/EEC after consultation of the Committee of the European Agricultural Guidance and Guarantee Fund, hereinafter called the "Fund", on the financial aspects.   Article 3 The object of the programme shall be to implement projects essential to the development of agriculture by means of:    (a) collective irrigation operations,       (b) improvements to agricultural infrastructure,       (c) soil improvement, flood protection work and other protection work,       (d) afforestation and the improvement of degraded forest, including the establishment of shelter belts and forest roads, provided that these operations guarantee an improvement in agricultural structures,       (e) measures to encourage stockfarming, with particular emphasis on meat production, and the diversification of crops by promoting the cultivation of crops suited to production conditions and marketing possibilities.          Article 4 1. The programme shall include:    - a description of the current situation and requirements,       - a description of the various measures envisaged,       - the plan for financing the programme,       - the scope of operations and the timescale envisaged for carrying out the programme,       - the rules governing intervention by public authorities in carrying out the programme.         2. All the measures covered by this action must fall within the framework of the regional development programme where the French Republic is required to forward it to the Commission under Article 6 of Council Regulation 724/75 of 18 March 1975 establishing a European Regional Development Fund (3), as amended by Council Regulation (EEC) No 214/79 (4).   (1) OJ No L 94, 28.4.1970, p. 13.  (2) OJ No L 367, 31.12.1980, p. 87.  (3) OJ No L 73, 29.3.1975, p. 1.  (4) OJ No L 35, 9.2.1979, p. 1.    Article 5 1. Expenditure incurred by the French Republic under the programme on the measures referred to in Article 3 shall be eligible under the Guidance Section of the Fund up to the following limits:    - under Article 3 (a), up to 31 million ECU (A);       - under Article 3 (b), up to 90 million ECU (A);       - under Article 3 (c), up to 47 million ECU (A);       - under Article 3 (d), up to 9 million ECU (A);       - under Article 3 (e), up to 34 million ECU (A), of which a maximum of 10 % may be used for technical assistance.         2. The Guidance Section of the Fund shall reimburse to the French Republic 40 % of the eligible expenditure.   Article 6 1. The duration of the common measure shall be not more than five years as from the date on which the programme is approved.  2. Before the period referred to in paragraph 1 expires, this Directive shall be reviewed by the Council acting on a proposal from the Commission.  3. The total estimated cost of the common measure to be borne by the Fund shall be 85 million ECU.  4. Article 6 (5) of Regulation (EEC) No 729/70 shall apply to this Directive.   Article 7 When the programme is approved, the Commission shall, by agreement with the French Republic, determine the manner in which it shall be kept informed periodically of the progress of the common measure.   Article 8 1. Requests for reimbursement shall relate to expenditure incurred by the French Republic during one calendar year and shall be submitted to the Commission not later than 30 June of the following year.  2. Aid from the Fund shall be decided upon in accordance with Article 7 of Regulation (EEC) No 729/70.  3. The Fund may make advance payments on the basis of the method of financing adopted by the French Republic and in the light of the progress of the programme.  4. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70.   Article 9 This Directive is addressed to the French Republic.     Done at Luxembourg, 30 June 1981.  For the Council  The President  G. BRAKS


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31977L0805

Council Directive 77/805/EEC of 19 December 1977 amending Directive 72/464/EEC on taxes, other than turnover taxes, which affect the consumption of manufactured tobacco

Official Journal L 338 , 28/12/1977 P. 0022 - 0023 Finnish special edition: Chapter 9 Volume 1 P. 0069  Greek special edition: Chapter 09 Volume 1 P. 0093  Swedish special edition: Chapter 9 Volume 1 P. 0069  Spanish special edition: Chapter 09 Volume 1 P. 0100  Portuguese special edition Chapter 09 Volume 1 P. 0100

COUNCIL DIRECTIVE  of 19 December 1977  amending Directive 72/464/EEC on taxes, other than turnover taxes, which affect the consumption of manufactured tobacco  (77/805/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 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, in accordance with Council Directive 72/464/EEC of 19 December 1972 on taxes, other than turnover taxes, which affect the consumption of manufactured tobacco (3), as amended by Directives 74/318/EEC (4), 75/786/EEC (5) and 76/911/EEC (6) the Council shall adopt, at least six months before the expiry of the first stage, a Directive laying down the special criteria to apply during the second stage;  Whereas the first stage expires on 31 December 1977 ; whereas a further extension of this stage has proved necessary;  Whereas the special criteria applicable during the first stage have made possible an initial approximation of the structures of the excise duties on cigarettes in seven of the nine Member States, without the tax revenue of the Member States or the conditions of their markets being appreciably affected;  Whereas the structure of the excise duty on cigarettes must include, in addition to a specific component calculated per unit of the product, a proportional component based on the retail selling price, inclusive of all taxes ; whereas the turnover tax on cigarettes has the same effect as a proportional excise duty and this fact should be taken into account when the ratio between the specific component of the excise and the total tax burden is being established;  Whereas the special provisions to apply during the second stage should be laid down so as to guide the excise duties levied on cigarettes by the Member States towards a common structure;  Whereas Denmark should be granted the right to refrain from enforcing the provisions in Article 12 (1) of Directive 72/464/EEC in Greenland in view of that territory's special situation;  Whereas the introduction of the harmonized taxation system in the United Kingdom without any accompanying adaptation measures might conflict with the health policy applied by the United Kingdom Government;  Whereas the United Kingdom should therefore be authorized, by way of derogation from Article 4 (2) of Directive 72/464/EEC, to charge an additional excise duty on the most harmful cigarettes for a limited period of 30 months from the date of entry into force of the second stage;  (1)OJ No C 178, 2.8.1976, p. 11. (2)OJ No C 204, 30.8.1976, p. 1. (3)OJ No L 303, 31.12.1972, p. 1. (4)OJ No L 180, 3.7.1974, p. 30. (5)OJ No L 330, 24.12.1975. p. 51. (6)OJ No L 354, 24.12.1976, p. 33.   Whereas the structure of the excise duty on manufactured tobacco other than cigarettes will be determined at a later date,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Article 4 (3) of Directive 72/464/EEC shall be replaced by the following:  "3. At the final stage of harmonization of structures, the same ratio shall be established for cigarettes in all Member States between the specific excise duty and the sum of the proportional excise duty and the turnover tax, in such a way that the range of retail selling prices reflects fairly the difference in the manufacturers' delivery prices."   Article 2 In Article 7 (1) of Directive 72/464/EEC the words "period of 54 months" shall be replaced by "period of 60 months".   Article 3 The following Title shall be inserted in Directive 72/464/EEC:  "TITLE IIa  Special provisions applicable during the second stage of harmonization  Article 10a 1. Without prejudice to the implementation of Article 1 (4), the second stage of harmonization of the structures of the excise duty on manufactured tobacco shall run from 1 July 1978 to 31 December 1980.   2. During this second stage of harmonization Article 10b shall apply.  Article 10b 1. The amount of the specific excise duty on cigarettes shall be established by reference to cigarettes in the most popular price category according to the information available at 1 January each year, beginning 1 January 1978.   2. The specific component of the excise duty may not be less than 5 % or more than 55 % of the amount of the total tax burden resulting from the aggregation of the proportional excise duty, the specific excise duty and the turnover tax levied on these cigarettes.  However, until 31 December 1978, Ireland may apply a specific element which may not be more than 60 % of the amount of the total tax burden.   3. If the excise duty or the turnover tax levied on the price category referred to above is amended after 1 January 1978, the amount of the specific excise duty shall be established by reference to the new total tax burden on the cigarettes referred to in paragraph 1.   4. Notwithstanding Article 4 (1), each Member State may exclude customs duties from the basis for calculating the proportional excise duty on cigarettes.   5. The Member States may levy on cigarettes a minimum excise duty, the amount of which may not exceed 90 % of the sum of the proportional excise duty and the specific excise duty which they levy on the cigarettes referred to in paragraph 1.   Article 10c  By way of derogation from Article 4 (2), the United Kingdom shall be authorized, for a period of 30 months from the date of entry into force of the second stage, to charge an additional excise duty on cigarettes whose tar yield is 20 mg or more.  The total tax burden on the cigarettes to which this additional excise duty applies may not exceed by more than 20 % the total tax burden which would have been imposed if the additional excise duty had not been levied. The ratio between the specific components of the excise duty and the total tax burden must be within the limits determined by this Directive.  Before the entry into force of the second stage, the United Kingdom shall inform the other Member States and the Commission of the method and the criteria used to determine the tar yield of cigarettes."   Article 4 The following sentence shall be added to Article 12 (1) of Directive 72/464/EEC:  "Denmark may refrain from enforcing these provisions in Greenland."   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 19 December 1977.  For the Council  The President  G. GEENS