Avis juridique important

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31995L0043

Commission Directive 95/43/EC of 20 July 1995 to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC

Official Journal L 184 , 03/08/1995 P. 0021 - 0033

COMMISSION DIRECTIVE 95/43/EC of 20 July 1995  to Council Directive 92/51/EEC on a second general system for the recognition of professional  education and training to supplement Directive 89/48/EEC (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 92/51/EEC of 18 June 1992 on a second general system for the  recognition of professional education and training to supplement Directive 89/48/EEC  (1), as  amended by Commission Directive 94/38/EC  (2), and in particular Article 15 thereof, Whereas, when examining a reasoned request for adding an education and training course to the list  in Annex C or D, the Commission, pursuant to Article 15 (2) of Directive 92/51/EEC, is required to  verify in particular whether the qualification resulting from the course in question confers on the  holder a level of professional education or training of a comparably high level to that of the  post-secondary course referred to in point (i) of the second indent of the first subparagraph of  Article 1 (a) and a similar level of responsibility and activity; Whereas the Dutch Government has made reasoned requests for the amendment of Annexes C and D to  Directive 92/51/EEC and the Austrian Government has made a reasoned request for the amendment of  Annex D; Whereas, in particular, the training courses to be added to the list in Annex C of Directive  92/51/EEC in respect of the Netherlands are comparable in structure and length, as well as in level  of responsibility and activity they confer to those already listed in Annex; Whereas in accordance with Article 2 of Directive 92/51/EEC, the provisions of this Directive are  not applicable to activities covered by one of the Directives listed in Annex A, including the  Directives made applicable to the pursuit as an employed person of the activities listed in Annex  B, even if a national of a Member State has completed one of the 'courses having a special  structure` referred to in Annex D; Whereas, in particular, the training courses to be added to the list in Annex D of Directive  92/51/EEC in respect of the Netherlands and Austria are comparable in structure and length to  certain training courses in Annex C and to some training courses that are already in Annex D and  invariably feature a total duration of 13 years or more; Whereas, in accordance with Article 17 (2) of Directive 92/51/EEC and in order to increase the  effectiveness of the general system, those Member States whose education and training courses are  listed in Annex D should send a list of the diplomas concerned to the Commission and the other  Member States; Whereas, in order to make Annexes C and D of Directive 92/51/EEC easier to read, the lists as  amended should be published; Whereas the measures provided for by the present Directive are in conformity with the opinion given  by the Committee established by Article 15 of Directive 92/51/EEC, HAS ADOPTED THIS DIRECTIVE: Article 1 Annexes C and D to Directive 92/51/EEC are hereby amended as shown in  Annex I hereto. Article 2 The amended list of courses of education and training which appear in Annexes C and D  to Directive 92/51/EEC are shown in Annex II to this Directive. Article 3 1.  Member States shall adopt the laws, regulations and administrative provisions  necessary for them to comply with this Directive by 31 October 1995. They shall forthwith inform  the Commission thereof. When Member States adopt these measures, the latter shall include a reference to this Directive or  be accompanied by such reference at the time of their official publication. The methods of making  such a reference shall be laid down by the Member States. 2.  Member States shall communicate to the Commission the texts of the main provisions of national  law which they adopt in the field governed by this Directive. Article 4 This Directive shall enter into force on the 20th day following its publication in the  Official Journal of the European Communities. Done at Brussels, 20 July 1995. For the Commission Mario MONTI Member of the Commission  ANNEX I A.  Annex C is amended as follows: 1.  (a)  At '1. Paramedical and childcare training courses`, under the heading 'in Luxembourg`,  last indent 'childcare worker (éducateur/trice)` the following heading and the following indent are  added: 'in the Netherlands: -  veterinary assistant ("dierenartassistent")`. (b)  At '1. Paramedical and childcare training courses` under the heading 'which represent  education and training courses of a total duration of at least 13 years, comprising:`, last indent,  the following indent is added: '-  or in the case of the veterinary assistant ("dierenartassisten") in the Netherlands three years  of vocational training in a specialized school ("MBO"-scheme) or alternatively three years of  vocational training in the dual apprenticeship system ("LLW"), both of which culminate in an  examination.` 2.  (a)  At '3. Seafaring sector (a) sea transport`, under the heading 'in the Netherlands` the  following indent is added: '-  VTS official ("VTS-functionaris")`. (b)  At '3. Seafaring sector (a) sea transport`, under the heading 'which represents training:` the  indent '- in the Netherlands, involving a course of 14 years, at least two years of which take  place in a specialized vocational training establishment, supplemented by a twelve-month  traineeship,` is replaced by the following indent: '-  in the Netherlands: -  for first mate (coastal vessel) (with supplementary training) ('stuurman kleine handelsvaart  (met aanvulling)`), and coaster engineer (with diploma) ('diploma motordrijver`), involving a  course of 14 years, at least two years of which take place in a specialized vocational training  establishment, supplemented by a twelve-month traineeship, -  for the VTS official ("VTS-functionaris"), of a total duration of at least 15 years, comprising  at least three years of Higher Vocational Education ('HBO`) or Intermediate Vocational Training  ("MBO"), which are followed by national and regional specialization courses, comprising at least  twelve weeks of theoretical training each and culminating each in an examination.` 3.  (a)  At '4. Technical sector` under the heading 'in the Netherlands` the following indent is  added: '- dental-prosthesis maker ("tandprotheticus")`. (b)  At '4. Technical sector` under the heading 'in the Netherlands` the passage currently  following the indent 'bailiff`, is replaced by the following: 'which represent a course of study and vocational training -  in the case of the bailiff ("gerechtsdeurwaarder"), totalling nineteen years, comprising eight  years' compulsory schooling followed by eight years' secondary education including four years'  technical education culminating in a State examination and supplemented by three years' theoretical  and practical vocational training, -  in the case of the dental-prosthesis maker ("tandprotheticus") totalling at least 15 years of  full time training and three years of part time training, comprising eight years of primary  education, four years of general secondary education, completion of three years of vocational  training, involving theoretical and practical training as a dental technician, supplemented by  three years of part-time training as a dental prosthesis-maker, culminating in an examination.` B.  Annex D is supplemented by the following sections: (a)  'In the Netherlands: The following regulated courses: -  Regulated training courses of a total duration of not less than 15 years, a prerequisite of  which is successful completion of eight years of primary education plus four years of either  intermediate general secondary education ("MAVO") or Preparatory Vocational Education ("VBO") or  general secondary education of a higher level, and which require the completion of a three-year or  four-year course at a college for intermediate vocational training ("MBO"), culminating in an  examination, -  regulated training courses of a total duration of not less than 16 years, a prerequisite of  which is successful completion of eight years of primary education plus four years of at least  preparatory vocational education ("VBO") or a higher level of general secondary education, and  which require the completion of at least four years of vocational training in the apprenticeship  system, comprising at least one day of theoretical instruction at a college each week and on the  other days practical training in a practical training centre or in a firm, and culminating in a  secondary or tertiary level examination. The Dutch authorities shall send to the Commission and to the other Member States a list of the  training courses covered by this Annex.` (b)  'In Austria: -  Courses at higher vocational schools ("Berufsbildende Hoehere Schulen") and higher education  establishments for agriculture and forestry ("Hoehere Land- und Forstwirtschaftliche  Lehranstalten"), including special types ("einschliesslich der Sonderformen"), the structure and  level of which are determined by law, regulations and administrative provisions. These courses have a total length of not less than 13 years and comprise five years of vocational  training, which culminate in a final examination, the passing of which is a proof of professional  competence. -  Courses at master schools ("Meisterschulen"), master classes ("Meisterklassen"), industrial  master schools ("Werkmeisterschulen") or building craftsmen schools ("Bauhandwerkerschulen"), the  structure and level of which are determined by law, regulations and administrative provisions. These courses have a total length of not less than 13 years, comprising nine years of compulsory  education, followed by either at least three years of vocational training at a specialized school  or at least three years of training in a firm and in parallel at a vocational training school  ("Berufsschule"), both of which culminate in an examination, and are supplemented by successful  completion of at least a one-year training course at a master school ("Meisterschule"), master  classes ("Meisterklassen"), industrial master school (Werkmeisterschule) or a building craftsmen  school ("Bauhandwerkerschule"). In most cases the total duration is at least 15 years, comprising  periods of work experience, which either precede the training courses at these establishments or  are accompanied by part-time courses (at least 960 hours). The Austrian authorities shall send to the Commission and the Member States a list of the training  courses covered by this Annex.`  ANNEX II 'LIST OF COURSES HAVING A SPECIAL STRUCTURE AS REFERRED TO IN POINT (II) OF THE  SECOND INDENT OF THE FIRST SUBPARAGRAPH OF ARTICLE 1 (A) (ANNEX C TO DIRECTIVE 92/51/EEC) 1.  Paramedical and childcare training courses Training for the following: in Germany: -  paediatric nurse ("Kinderkrankenschwester/Kinderkrankenpfleger"), -  physiotherapist ("Krankengymnast(in)/Physiotherapeut(in)")  (1), -  occupational therapist ("Beschaeftigungs- und Arbeitstherapeut(in)"), -  speech therapist ("Logopaede/Logopaedin"), -  orthoptist ("Orthoptist(in)"), -  State-recognized childcare worker ("Staatlich anerkannte(r) Erzieher(in)"), -  State-recognized remedial teacher ("Staatlich anerkannte(r) Heilpaedagoge(-in)"), -  medical laboratory technician ("medizinisch-technische(r) Laboratoriums- Assistent(in)"), -  medical X-ray techician ("medizinisch-technische(r) Radiologie-Assistent(in)"), -  medical functional diagnostics technician ("medizinisch-technische(r) Assistent(in) fuer  Funktionsdiagnostik"), -  veterinary technician ("veterinaermedizinisch-technische(r) Assistent(in)"), -  dietitian ("Diaetassistent(in)"), -  pharmacy technician ("Pharmazieingenieur") received prior to 31 March 1994 in the former German  Democratic Republic or in the territory of the new Laender, -  psychiatric nurse ("Psychiatrische(r) Krankenschwester/Krankenpfleger"), -  speech therapist ("Sprachtherapeut(in)"), in Italy: -  dental technician ("odontotecnico"), -  optician ("ottico"), -  chiropodist ("podologo"), in Luxembourg: -  medical X-ray technician (assistant(e) technique médical(e) en radiologie), -  medical laboratory technician (assistant(e) technique médical(e) de laboratoire), -  psychiatric nurse (infirmier/ière psychiatrique), -  medical technician - surgery (assistant(e) technique médical(e) en chirurgie), -  paediatric nurse (infirmier/ière puériculteur/trice), -  nurse - anaesthetics (infirmier/ière anesthésiste), -  qualified masseur/masseuse (masseur/euse diplômé(e)), -  childcare worker (éducateur/trice), in the Netherlands: -  veterinary assistant ("dierenartassistent"), which represent education and training courses of a total duration of at least thirteen years,  comprising: (i)  either at least three years of vocational training in a specialized school culminating in an  examination, in some cases supplemented by a one or two-year specialization course culminating in  an examination, (ii)  or at least two and a half years of vocational training in a specialized school culminating  in an examination and supplemented by work experience of at least six months or by a traineeship of  at least six months in an approved establishment, (iii)  or at least two years of vocational training in a specialized school culminating in an  examination and supplemented by work experience of at least one year or by a traineeship of at  least one year in an approved establishment, (iv)  or in the case of the veterinary assistant ("dierenartassisten") in the Netherlands three  years of vocational training in a specialized school ("MBO"-scheme) or alternatively three years of  vocational training in the dual apprenticeship system ("LLW"), both of which culminate in an  examination. Training for the following: in Austria: -  contact lens optician ("Kontaktlinsenoptiker"), -  pedicurist ("Fusspfleger"), -  acoustic-aid technician ("Hoergeraeteakustiker"), -  druggist ("Drogist"), which represent education and training courses of a total duration of at least fourteen years,  including at least five years' training followed within a structured training framework, divided  into an apprenticeship of at least three years' duration, comprising training partly received in  the workplace and partly provided by a vocational training establishment, and a period of  professional practice and training, culminating in a professional examination conferring the right  to exercise the profession and to train apprentices, -  masseur ("Masseur"), which represents education and training courses of a total duration of fourteen years, including  five years' training within a structured training framework, comprising an apprenticeship of two  years' duration, a period of professional practice and training of two years' duration and a  training course of one year culminating in a professional examination conferring the rights to  exercise the profession and to train apprentices, -  kindergarten worker ("Kindergaertner/in"), -  child care worker ("Erzieher"), which represent education and training courses of a total duration of thirteen years, including  five years of professional training in a specialized school, culminating in an examination. 2.  Master craftsman sector ("Mester/Meister/Maître"), which represents education and training  courses concerning skills not covered by the Directives listed in Annex A Training for the following: in Denmark: -  optician ("optometrist"), this course is of a total duration of 14 years, including five years' vocational training divided  into two and a half years' theoretical training provided by the vocational training establishment  and two and a half years' practical training received in the workplace, and culminating in a  recognized examination relating to the craft and conferring the right to use the title "Mester", -  orthopaedic technician ("ortopaedimekaniker"), this course is of a total duration of 12,5 years, including three and a half years' vocational  training divided into six months' theoretical training provided by the vocational training  establishment and three years' practical training received in the workplace, and culminating in a  recognized examination relating to the craft and conferring the right to use the title "Mester", -  orthopaedic boot and shoemaker ("orthopaediskomager"), this course is of a total duration of 13,5 years, including four and a half years' vocational  training divided into two years' theoretical training provided by the vocational training  establishment and two and a half years' practical training received in the workplace, and  culminating in a recognized examination relating to the craft and conferring the right to use the  title "Mester". in Germany: -  optician ("Augenoptiker"), -  dental technician ("Zahntechniker"), -  surgical truss maker ("Bandagist"), -  hearing-aid maker ("Hoergeraeteakustiker"), -  orthopaedic technician ("Orthopaediemechaniker"), -  orthopaedic bootmaker ("Orthopaedieschuhmacher"), in Luxembourg: -  dispensing optician ("opticien"), -  dental technician ("mécanicien dentaire"), -  hearing-aid maker ("audioprothésiste"), -  orthopaedic technician/surgical truss maker ("mécanicien orthopédiste/bandagiste"), -  orthopaedic bootmaker ("orthopédiste-cordonnier"), these courses are of a total duration of 14 years, including at least five years' training followed  within a structured training framework, partly received in the workplace and partly provided by the  vocational training establishment, and culminating in an examination which must be passed in order  to be able to practise any activity considered as skilled, either independently or as an employee  with a comparable level of responsibility. in Austria: -  surgical truss maker ("Bandagist"), -  corset maker ("Miederwarenerzeuger"), -  optician ("Optiker"), -  orthopaedic shoemaker ("Orthopaedieschuhmacher"), -  orthopaedic technician ("Orthopaedietechniker"), -  dental technician ("Zahntechniker"), -  gardener ("Gaertner"), which represent education and training of a total duration of at least fourteen years, including at  least five years' training within a structured training framework, divided into apprenticeship of  at least three years' duration, comprising training received partly in the workplace and partly  provided by a vocational training establishment, and a period of professional practice and training  of at least two years' duration culminating in mastership examination conferring the rights to  exercise the profession, to train apprentices and to use the title "Meister", training for master craftsmen in the field of agriculture and forestry, namely, -  master in agriculture ("Meister in der Landwirtschaft"), -  master in rural home economics ("Meister in der laendlichen Hauswirtschaft"), -  master in horticulture ("Meister im Gartenbau"), -  master in market gardening ("Meister im Feldgemuesebau"), -  master in pomology and fruit-processing ("Meister im Obstbau und in der Obstverwertung"), -  master in viniculture and wine-production ("Meister im Weinbau und in der Kellerwirtschaft"), -  master in dairy farming ("Meister in der Molkerei- und Kaesereiwirtschaft"), -  master in horse husbandry ("Meister in der Pferdewirtschaft"), -  master in fishery ("Meister in der Fischereiwirtschaft"), -  master in poultry farming ("Meister in der Gefluegelwirtschaft"), -  master in apiculture ("Meister in der Bienenwirtschaft"), -  master in forestry ("Meister in der Forstwirtschaft"), -  master in forestry plantation and forest management ("Meister in der Forstgarten- und  Forstpflegewirtschaft"), -  master in agricultural warehousing ("Meister in der landwirtschaftlichen Lagerhaltung"), which represent education and training of a total duration of at least fifteen years, including at  least six years' training followed within a structured training framework divided into an  apprenticeship of at least three years' duration, comprising training partly received in the  workplace and partly provided by a vocational training establishment, and a period of three years  of professional practice culminating in a mastership examination relating to the profession and  conferring the rights to train aprentices and to use the title "Meister". 3.  Seafaring sector (a)  transport Training for the following: in Denmark: -  ship's captain ("skibsfoerer"), -  first mate ("overstyrmand"), -  quartermaster, deck officer ("enestyrmand, vagthavende styrmand"), -  deck officer ("vagthavende styrmand"), -  engineer ("maskinchef"), -  first engineer ("l. maskinmester"), -  first engineer/duty engineer ("l. maskinmester/vagthavende maskinmester"), in Germany: -  captain, large coastal vessel ("Kapitaen AM"), -  captain, coastal vessel ("Kapitaen AK"), -  deck officer, large coastal vessel ("Nautischer Schiffsoffizier AMW"), -  deck officer, coastal vessel ("Nautischer Schiffsoffizier AKW"), -  chief engineer, grade C ("Schiffsbetriebstechniker CT - Leiter von Maschinenanlagen"), -  ship's mechanic, grade C ("Schiffsmaschinist CMa -Leiter von Maschinenanlagen"), -  ship's engineer, grade C ("Schiffsbetriebstechniker CTW"), -  ship's mechanic, grade C - solo engineer officer ("Schiffsmaschinist CMaW - Technischer  Alleinoffizier"), in Italy: -  deck officer ("ufficiale di coperta"), -  engineer officer ("ufficiale di macchina"), in the Netherlands: -  first mate (coastal vessel) (with supplementary training) ("stuurman kleine handelsvaart (met  aanvulling)"), -  coaster engineer (with diploma) ("diploma motordrijver"), -  VTS-official ("VTS-functionaris"), which represent training: -  in Denmark, of nine years' primary schooling followed by a course of basic training and/or  service at sea of between 17 and 36 months, supplemented by: (i) the deck officer, one year of specialized vocational training, (ii)  for the others, three years of specialized vocational training, -  in Germany, of a total duration of between 14 and 18 years, including a three-year course of  basic vocational training and one year's service at sea, followed by one or two years of  specialized vocational training supplemented, where appropriate, by two year's work experience in  navigation, -  in Italy, of a total duration of 13 years, of which at least five years consist of professional  training culminating in an examination and are supplemented, where appropriate, by a traineeship, -  in the Netherlands: (i)  for first mate (coastal vessel) (with supplementary training) ("stuurman kleine handelsvaart  (met aanvulling)"), and coaster engineer (with diploma) ("diploma motordrijver"), involving a  course of 14 years, at least two years of which take place in a specialized vocational training  establishment, supplemented by a twelve-month traineeship, (ii)  for the VTS-official ("VTS-functionaris") of a total duration of at least 15 years,  comprising at least three years of Higher Vocational Education ("HBO") or Intermediate Vocational  Training ("MBO"), which are followed by national and regional specialization courses, comprising at  least 12 weeks of theoretical training each and culminating each in an examination, and which are recognized under the International STCW Convention (International Convention on  Standards of Training, Certification and Watchkeeping for Seafarers, 1978). (b)  Sea fishing Training for the following: in Germany: -  captain, deep-sea fishing ("Kapitaen BG/Fischerei"), -  captain, coastal fishing ("Kapitaen BLK/Fischerei"), -  deck officer, deep-sea vessel ("Nautischer Schiffsoffizier BGW/Fischerei"), -  deck officer, coastal vessel ("Nautischer Schiffsoffizier BK/Fischerei"), in the Netherlands: -  first mate/engineer V ("stuurman werktuigkundige V"), -  engineer IV (fishing vessel) ("werktuigkundige IV visvaart"), -  first mate IV (fishing vessel) ("stuurman IV visvaart"), -  first mate/engineer VI ("stuurman werktuigkundige VI"), which represent training: -  in Germany, of a total duration of between 14 and 18 years, including a three-year course of  basic vocational training and one year's service at sea, followed by one or two years of  specialized vocation training supplemented, where appropriate, by two years' work experience in  navigation, -  in the Netherlands, involving a course varying in duration between 13 and 15 years, at latest  two years of which are provided in a specialized vocational school, supplemented by a 12-month  period of work experience, and are recognized under the Torremolinos Convention (1977 International Convention for the Safety  of Fishing Vessels). 4.  Technical sector Training for the following: in Italy: -  building surveyor ("geometra"), -  land surveyor ("perito agrario"), which represent secondary technical courses of a total duration of at least 13 years, comprising  eight years' compulsory schooling followed by five years' secondary study, including three years'  vocational study, culminating in the Technical Baccalaureat examination, and supplemented: (i)  for building surveyors by: either a traineeship lasting at least two years in a professional  office, or five years' work experience, (ii)  for land surveyors, by the completion of a practical traineeship lasting at least two years, followed by the State Examination. in the Netherlands: -  bailiff ("gerechtsdeurwaarder"), -  dental-prosthesis maker ("tandprotheticus"), which represent a course of study and vocational training: (i)  in the case of the bailiff ("gerechtsdeurwaarder"), totalling 19 years, comprising eight  years' compulsory schooling followed by eight years' secondary education including four years'  technical education culminating in a State examination and supplemented by three years' theoretical  and practical vocational training, (ii)  in the case of the dental-prosthesis maker ("tandprotheticus") totalling at least 15 years of  full time training and three years of part time training, comprising eight years of primary  education, four years of general secondary education, completion of free years of vocational  training, involving theoretical and practical training as a dental technician, supplemented by  three years of part-time training as a dental prosthesis-maker, culminating in an examination. in Austria: -  forester ("Foerster"), -  technical consulting ("Technisches Buero"), -  labour leasing ("UEberlassung von Arbeitskraeften - Arbeitsleihe"), -  employment agent ("Arbeitsvermittlung"), -  investment adviser ("Vermoegensberater"), -  private investigator ("Berufsdetektiv"), -  security guard ("Bewachungsgewerbe"), -  real estate agent ("Immobilienmakler"), -  real estate manager ("Immobilienverwalter"), -  advertising and promotion agency ("Werbeagentur"), -  building project organizer ("Bautraeger, Bauorganisator, Baubetreuer"), -  debt-collecting institute ("Inkassoinstitut"), represent education and training of a total duration of at least 15 years, comprising eight years'  compulsory schooling followed by a minimum of five years' secondary technical or commercial study,  culminating in a technical or commercial matura examination, supplemented by at least two years'  workplace education and training culminating in a professional examination, -  insurance consultant ("Berater in Versicherungsangelegenheiten"), which represents education and training of a total duration of 15 years, including six years'  training followed within a structured training framework, divided into an apprenticeship of three  years' duration and a three-year period of professional practice and training, culminating in an  examination, -  master builder/planning and technical calculation ("Planender Baumeister"), -  master woodbuilder/planning and technical calculation ("Planender Zimmermeister"), which represent education and training of a total duration of at least 18 years, including at least  nine year's vocational training divided into four years' secondary technical study and five years'  professional practice and training culminating in a professional examination conferring the rights  to exercise the profession and to train apprentices, in so far as this training relates to the  right to plan buildings, to make technical calculations and to supervise construction work ("the  Maria Theresian privilege"). 5.  United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational  Qualifications Training for: -  "medical laboratory scientific officer", -  "mine electrical engineer", -  "mine mechanical engineer", -  "approved social worker - mental health", -  "probation officer", -  "dental therapist", -  "dental hygienist", -  "dispensing optician", -  "mine deputy", -  "insolvency practitioner",-  "licensed conveyancer", -  "prosthesist", -  "first mate - freight/passenger ships - unrestricted", -  "second mate - freight/passenger ships - unrestricted", -  "third mate - freight passenger ships unrestricted", -  "deck officer - freight/passenger ships - unrestricted", -  "engineer officer - freight/passenger ships - unlimited trading area", -  "trade mark agent", leading to qualifications accredited as National Vocational Qualifications (NVQs) or approved or  recognized as equivalent by the National Council for Vocational Qualifications or, in Scotland,  accredited as Scottish Vocational Qualifications, at levels 3 and 4 of the United Kingdom National  Framework of Vocational Qualifications. These levels are defined as follows: -  Level 3: competence in a broad range of varied work activities performed in a wide variety of  contexts and most of which are complex and non-routine. There is considerable responsibility and  autonomy, and control or guidance of others in often required. -  Level 4: Competence in a broad range of complex technical or professional work activities  performed in a wide variety of contexts and with a substantial degree of personal responsibility  and autonomy. Responsibility for the work of others and the allocation of resources is often  present. LIST OF COURSES HAVING A SPECIAL STRUCTURE AS REFERRED TO IN THE THIRD INDENT OF POINT (B) OF THE  FIRST SUBPARAGRAPH OF ARTICLE 3 (ANNEX D TO DIRECTIVE 92/51/EEC) In the United Kingdom: Regulated courses leading to qualifications accredited as National Vocational Qualifications (NVQs)  by the National Council for Vocational Qualifications or, in Scotland, accredited as Scottish  Vocational Qualifications, at levels 3 and 4 of the United Kingdom National Framework of Vocational  Qualifications. These levels are defined as follows: -  Level 3: competence in a broad range of varied work activities performed in a wide variety of  contexts and most of which are complex and non-routine. There is considerable responsibility and  autonomy, and control or guidance of others is often required, -  Level 4: Competence in a broad range of complex technical or professional work activities  performed in a wide variety of contexts and with a substantial degree of personal responsibility  and autonomy. Responsibility for the work of others and the allocation of resources is often  present. In Germany: The following regulated courses: -  Regulated courses preparatory to the pursuit of the professions of technical assistant  ("technische(r) Assistent(in)"), commercial assistant ("kaufmaennische(r) Assistent(in)"), social  professions ("soziale Berufe") and the profession of state-certified respiration and elocution  instructor ("staatlich gepruefte(r) Atem-, Sprech- und Stimmlehrer(in)"), of a total duration of at  least 13 years, which require successful completion of the secondary course of education  ("mittlerer Bildungsabschluss") and which comprise: (i)  at least three years  (1) of vocational training at a specialized school ("Fachschule")  culminating in an examination and, where applicable, supplemented by one-year or two-year  specialization course also culminating in an examination; (ii)  or at least two and a half years at a specialized school ("Fachschule") culminating in an  examination and supplemented by work experience of a duration of not less than six months or a  traineeship of not less than six months in an approved establishment; (iii)  or at least two years at a specialized school ("Fachschule") culminating in an examination  and supplemented by work experience of a duration of not less than one year or a traineeship of not  less than one year in an approved establishment, -  Regulated courses for the professions of state-certified ("staatlich gepruefte(r)") technician  ("Techniker(in)"), business economist ("Betriebswirt(in)") , designer ("Gestalter(in)") and family  assistant ("Familienpfleger(in)"), of a total duration of not less than 16 years, a prerequisite of  which is successful completion of compulsory schooling or equivalent education and training (of a  duration of not less than nine years) and successful completion of a course at a trade school  ("Berufsschule") of a duration of not less than three years and comprising, upon completion of at  least two years of work experience, full-time education and training of a duration of not less than  two years or part-time education and training of equivalent duration, -  Regulated courses and regulated in-service training, of a total duration of not less than 15  years, a prerequisite of which is, generally speaking, successful completion of compulsory  schooling (of a duration of not less than nine years) and of vocational training (normally three  years) and which generally comprise at least two years of work experience (three years in most  cases) and an examination in the context of in service training preparation for which generally  comprises a training course which is either concurrent with the experience (at least 1  000 hours)  or is attended on a full-time basis (at least one year). The German authorities shall send to the Commission and to the other Member States a list of the  training courses covered by this Annex. In the Netherlands: -  Regulated training courses of a total duration of not less than 15 years, a prerequisite of  which is successful completion of eight years of primary education plus four years of either  intermediate general secondary education ("MAVO") or Preparatory Vocational Education ("VBO") or  general secondary education of a higher level, and which require the completion of a three-year or  four-year course at a college for intermediate vocational training ("MBO"), culminating in an  examination, -  Regulated training courses of a total duration not less than 16 years, a prerequisite of which  is successful completion of eight years of primary education plus four years of at least  preparatory vocational education ("VBO") or a higher level of general secondary education, and  which require the completion of at least four years of vocational training in the apprenticeship  system, comprising at least one day of theoretical instruction at a college each week and on the  other days practical training centre or in a firm, and culminating in a secondary or tertiary level  examination. The Dutch authorities shall send to the Commission and to the other Member States a list of the  training courses covered by this Annex. In Austria: -  Courses at higher vocational schools ("Berufsbildende Hoehere Schulen") and higher education  establishments for agriculture and forestry ("Hoehere Land- und Forstwirtschaftliche  Lehranstalten"), including special types ("einschliesslich der Sonderformen"), the structure level  of which are determined by law, regulations and administrative provisions. These courses have a total length of not less than 13 years and comprise five years of vocational  training, which culminate in a final examination, the passing of which is a proof of professional  competence, -  Courses at master schools ("Meisterschulen"), master classes ("Meisterklassen"), industrial  master schools ("Werkmeisterschulen") or building craftsmen schools ("Bauhandwerkerschulen"), the  structure and level of which are determined by law, regulations and administrative provisions. These courses have a total length of not less than 13 years, comprising nine years of compulsory  education, followed by either at least three years of vocational training at a specialized school  or at least three years of training in a firm and in parallel at a vocational training school  ("Berufsschule"), both of which culminate in an examination, and are supplemented by successful  completion of at least a one-year training course at a master school ("Meisterschule"), master  classes ("Meisterklassen"), industrial master school ("Werkmeisterschule") or a building craftsmen  school ("Bauhandwerkerschule"). In most cases the total duration is at least 15 years, comprising  periods of work experience, which either precede the training courses at these establishments or  are accompanied by part-time courses (at least 960 hours). The Austrian authorities shall send to the Commission and to the other Member States a list of the  training courses covered by this Annex`. (1)    (1)    (1)  The minimum duration may be reduced from three years to two years if the person concerned has  the qualification required to enter university ("Abitur"), i.e. thirteen years of prior education  and training, of the qualification needed to enter "Fachhochschule" a ("Fachhochschulreife"), i.e.  12 years of prior education and training.


title: Commission Directive 2008/86/EC of 5 September 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include tebuconazole as an active substance in Annex I thereto (Text with EEA relevance)

text:
               6.9.2008

               EN

               Official Journal of the European Union

               L 239/9

      COMMISSION DIRECTIVE 2008/86/EC
   of 5 September 2008
   amending Directive 98/8/EC of the European Parliament and of the Council to include tebuconazole as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

               Denmark was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 11 January 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 29 November 2007, in an assessment report.

               (5)

               The review of tebuconazole did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks.

               (6)

               It appears from the examinations made that biocidal products used as wood preservatives and containing tebuconazole may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include tebuconazole in Annex I for product type 8, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing tebuconazole can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC. However, unacceptable risks were identified for the in situ treatment of wood outdoors and for treated wood in continuous contact with water. Authorisation of these uses will require the submission of data demonstrating that the products can be used without unacceptable risks to the environment.

               (7)

               In the light of the findings of the assessment report, it is appropriate to require that instructions are provided to indicate that treated timber must be stored after treatment on impermeable hard standing to prevent direct losses to soil and allow losses to be collected for re-use or disposal, in accordance with Article 10(2)(i)(d) of Directive 98/8/EC.

               (8)

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

               (9)

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

               (10)

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

               (11)

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

               (12)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 31 March 2009 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 1 April 2010.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 5 September 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1.

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

      ANNEX
      The following entry ‘No 6’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common Name

                     IUPAC name
                     Identification numbers

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

                     Date of inclusion

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

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘6

                     tebuconazole

                     1-(4-chlorophenyl)-4,4-dimethyl-3-(1,2,4-triazol-1-ylmethyl)pentan-3-ol
                     EC No: 403-640-2
                     CAS No: 107534-96-3

                     950 g/kg

                     1 April 2010

                     31 March 2012

                     31 March 2020

                     8

                     Member States shall ensure that authorisations are subject to the following conditions:

                                 In view of the risks identified for the soil and aquatic compartments appropriate risk mitigation measures must be taken to protect those compartments. In particular, labels and/or safety data sheets of products authorised for industrial use indicate that freshly treated timber must be stored after treatment under shelter or on impermeable hard standing to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.

                                 In addition, products cannot be authorised for the in situ treatment of wood outdoors or for wood that will be in continuous contact with water unless data is submitted to demonstrate that the product will meet the requirements of Article 5 and Annex VI, if necessary by the application of appropriate risk mitigation measures.’

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


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31996L0034

Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC

Official Journal L 145 , 19/06/1996 P. 0004 - 0009

COUNCIL DIRECTIVE 96/34/EC of 3 June 1996 on  the framework agreement on parental leave concluded by UNICE, CEEP and the ETUCTHE  COUNCIL OF THE EUROPEAN UNION, Having regard to the Agreement on social policy, annexed to the Protocol (No 14) on social policy,  annexed to the Treaty establishing the European Community, and in particular Article 4 (2)  thereof, Having regard to the proposal from the Commission, (1)  Whereas on the basis of the Protocol on social policy, the Member States, with the exception  of the United Kingdom of Great Britain and Northern Ireland, (hereinafter referred to as 'the  Member States`), wishing to pursue the course mapped out by the 1989 Social Charter have concluded  an Agreement on social policy amongst themselves; (2)  Whereas management and labour may, in accordance with Article 4 (2) of the Agreement on social  policy, request jointly that agreements at Community level be implemented by a Council decision on  a proposal from the Commission; (3)  Whereas paragraph 16 of the Community Charter of the Fundamental Social Rights of Workers on  equal treatment for men and women provides, inter alia, that 'measures should also be developed  enabling men and women to reconcile their occupational and family obligations`; (4)  Whereas the Council, despite the existence of a broad consensus, has not been able to act on  the proposal for a Directive on parental leave for family reasons  (1), as amended  (2) on 15  November 1984; (5)  Whereas the Commission, in accordance with Article 3 (2) of the Agreement on social policy,  consulted management and labour on the possible direction of Community action with regard to  reconciling working and family life; (6)  Whereas the Commission, considering after such consultation that Community action was  desirable, once again consulted management and labour on the substance of the envisaged proposal in  accordance with Article 3 (3) of the said Agreement; (7)  Whereas the general cross-industry organizations (Unice, CEEP and the ETUC) informed the  Commission in their joint letter of 5 July 1995 of their desire to initiate the procedure provided  for by Article 4 of the said Agreement; (8)  Whereas the said cross-industry organizations concluded, on 14 December 1995, a framework  agreement on parental leave; whereas they have forwarded to the Commission their joint request to  implement this framework agreement by a Council Decision on a proposal from the Commission in  accordance with Article 4 (2) of the said Agreement; (9)  Whereas the Council, in its Resolution of 6 December 1994 on certain aspects for a European  Union social policy; a contribution to economic and social convergence in the Union  (3), asked the  two sides of industry to make use of the possibilities for concluding agreements, since they are as  a rule closer to social reality and to social problems; whereas in Madrid, the members of the  European Council from those States which have signed the Agreement on social policy welcomed the  conclusion of this framework agreement; (10)  Whereas the signatory parties wanted to conclude a framework agreement setting out minimum  requirements on parental leave and time off from work on grounds of force majeure and referring  back to the Member States and/or management and labour for the definition of the conditions under  which parental leave would be implemented, in order to take account of the situation, including the  situation with regard to family policy, existing in each Member State, particularly as regards the  conditions for granting parental leave and exercise of the right to parental leave; (11)  Whereas the proper instrument for implementing this framework agreement is a Directive within  the meaning of Article 189 of the Treaty; whereas it is therefore binding on the Member States as  to the result to be achieved, but leaves them the choice of form and methods; (12)  Whereas, in keeping with the principle of subsidiarity and the principle of proportionality  as set out in Article 3b of the Treaty, the objectives of this Directive cannot be sufficiently  achieved by the Member States and can therefore be better achieved by the Community; whereas this  Directive is confined to the minimum required to achieve these objectives and does not go beyond  what is necessary to achieve that purpose; (13)  Whereas the Commission has drafted its proposal for a Directive, taking into account the  representative status of the signatory parties, their mandate and the legality of the clauses of  the framework agreement and compliance with the relevant provisions concerning small and  medium-sized undertakings; (14)  Whereas the Commission, in accordance with its Communication of 14 December 1993 concerning  the implementation of the Protocol on social policy, informed the European Parliament by sending it  the text of the framework agreement, accompanied by its proposal for a Directive and the  explanatory memorandum; (15)  Whereas the Commission also informed the Economic and Social Committee by sending it the text  of the framework agreement, accompanied by its proposal for a Directive and the explanatory  memorandum; (16)  Whereas clause 4 point 2 of the framework agreement states that the implementation of the  provisions of this agreement does not constitute valid grounds for reducing the general level of  protection afforded to workers in the field of this agreement. This does not prejudice the right of  Member States and/or management and labour to develop different legislative, regulatory or  contractual provisions, in the light of changing circumstances (including the introduction of  non-transferability), as long as the minimum requirements provided for in the present agreement are  complied with; (17)  Whereas the Community Charter of the Fundamental Social Rights of Workers recognizes the  importance of the fight against all forms of discrimination, especially based on sex, colour, race,  opinions and creeds; (18)  Whereas Article F (2) of the Treaty on European Union provides that 'the Union shall respect  fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and  Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional  traditions common to the Member States, as general principles of Community law`; (19)  Whereas the Member States can entrust management and labour, at their joint request, with the  implementation of this Directive, as long as they take all the necessary steps to ensure that they  can at all times guarantee the results imposed by this Directive; (20)  Whereas the implementation of the framework agreement contributes to achieving the objectives  under Article 1 of the Agreement on social policy, HAS ADOPTED THIS DIRECTIVE: Article 1 Implementation of the framework agreement The purpose of this  Directive is to put into effect the annexed framework agreement on parental leave concluded on 14  December 1995 between the general cross-industry organizations (Unice, CEEP and the ETUC). Article 2 Final provisions 1.  The Member States shall bring into force the laws, regulations  and administrative provisions necessary to comply with this Directive by 3 June 1998 at the latest  or shall ensure by that date at the latest that management and labour have introduced the necessary  measures by agreement, the Member States being required to take any necessary measure enabling them  at any time to be in a position to guarantee the results imposed by this Directive. They shall  forthwith inform the Commission thereof. 2.  The Member States may have a maximum additional period of one year, if this is necessary to  take account of special difficulties or implementation by a collective agreement. They must forthwith inform the Commission of such circumstances. 3.  When Member States adopt the measures referred to in paragraph 1, they shall contain a  reference to this Directive or be accompanied by such reference on the occasion of their official  publication. The methods of making such reference shall be laid down by Member States. Article 3 This Directive is addressed to the Member States. Done at Luxembourg, 3 June 1996. For the Council The President T. TREU  ANNEX FRAMEWORK AGREEMENT ON PARENTAL LEAVE PREAMBLE The enclosed framework  agreement represents an undertaking by Unice, CEEP and the ETUC to set out minimum requirements on  parental leave and time off from work on grounds of force majeure, as an important means of  reconciling work and family life and promoting equal opportunities and treatment between men and  women. ETUC, Unice and CEEP request the Commission to submit this framework agreement to the Council for a  Council Decision making these minimum requirements binding in the Member States of the European  Community, with the exception of the United Kingdom of Great Britain and Northern Ireland.I.  GENERAL CONSIDERATIONS 1.  Having regard to the Agreement on social policy annexed to the Protocol  on social policy, annexed to the Treaty establishing the European Community, and in particular  Articles 3 (4) and 4 (2) thereof; 2.  Whereas Article 4 (2) of the Agreement on social policy provides that agreements concluded at  Community level shall be implemented, at the joint request of the signatory parties, by a Council  decision on a proposal from the Commission; 3.  Whereas the Commission has announced its intention to propose a Community measure on the  reconciliation of work and family life; 4.  Whereas the Community Charter of Fundamental Social Rights stipulates at point 16 dealing with  equal treatment that measures should be developed to enable men and women to reconcile their  occupational and family obligations; 5.  Whereas the Council Resolution of 6 December 1994 recognizes that an effective policy of equal  opportunities presupposes an integrated overall strategy allowing for better organization of  working hours and greater flexibility, and for an easier return to working life, and notes the  important role of the two sides of industry in this area and in offering both men and women an  opportunity to reconcile their work responsibilities with family obligations; 6.  Whereas measures to reconcile work and family life should encourage the introduction of new  flexible ways of organizing work and time which are better suited to the changing needs of society  and which should take the needs of both undertakings and workers into account; 7.  Whereas family policy should be looked at in the context of demographic changes, the effects of  the ageing population, closing the generation gap and promoting women's participation in the labour  force; 8.  Whereas men should be encouraged to assume an equal share of family responsibilities, for  example they should be encouraged to take parental leave by means such as awareness programmes; 9.  Whereas the present agreement is a framework agreement setting out minimum requirements and  provisions for parental leave, distinct from maternity leave, and for time off from work on grounds  of force majeure, and refers back to Member States and social partners for the establishment of the  conditions of access and detailed rules of application in order to take account of the situation in  each Member State; 10.  Whereas Member States should provide for the maintenance of entitlements to benefits in kind  under sickness insurance during the minimum period of parental leave; 11.  Whereas Member States should also, where appropriate under national conditions and taking into  account the budgetary situation, consider the maintenance of entitlements to relevant social  security benefits as they stand during the minimum period of parental leave; 12.  Whereas this agreement takes into consideration the need to improve social policy  requirements, to enhance the competitiveness of the Community economy and to avoid imposing  administrative, financial and legal constraints in a way which would impede the creation and  development of small and medium-sized undertakings; 13.  Whereas management and labour are best placed to find solutions that correspond to the needs  of both employers and workers and must therefore have conferred on them a special role in the  implementation and application of the present agreement, THE SIGNATORY PARTIES HAVE AGREED THE FOLLOWING: II. CONTENT Clause 1: Purpose and scope 1.  This agreement lays down minimum  requirements designed to facilitate the reconciliation of parental and professional  responsibilities for working parents. 2.  This agreement applies to all workers, men and women, who have an employment contract or  employment relationship as defined by the law, collective agreements or practices in force in each  Member State. Clause 2: Parental leave 1.  This agreement grants, subject to clause 2.2, men and women workers  an individual right to parental leave on the grounds of the birth or adoption of a child to enable  them to take care of that child, for at least three months, until a given age up to 8 years to be  defined by Member States and/or management and labour. 2.  To promote equal opportunities and equal treatment between men and women, the parties to this  agreement consider that the right to parental leave provided for under clause 2.1 should, in  principle, be granted on a non-transferable basis. 3.  The conditions of access and detailed rules for applying parental leave shall be defined by law  and/or collective agreement in the Member States, as long as the minimum requirements of this  agreement are respected. Member States and/or management and labour may, in particular: (a)  decide whether parental leave is granted on a full-time or part-time basis, in a piecemeal way  or in the form of a time-credit system; (b)  make entitlement to parental leave subject to a period of work qualification and/or a length  of service qualification which shall not exceed one year; (c)  adjust conditions of access and detailed rules for applying parental leave to the special  circumstances of adoption; (d)  establish notice periods to be given by the worker to the employer when exercising the right  to parental leave, specifying the beginning and the end of the period of leave; (e)  define the circumstances in which an employer, following consultation in accordance with  national law, collective agreements and practices, is allowed to postpone the granting of parental  leave for justifiable reasons related to the operation of the undertaking (e.g. where work is of a  seasonal nature, where a replacement cannot be found within the notice period, where a significant  proportion of the workforce applies for parental leave at the same time, where a specific function  is of strategic importance). Any problem arising from the application of this provision should be  dealt with in accordance with national law, collective agreements and practices; (f)  in addition to (e), authorize special arrangements to meet the operational and organizational  requirements of small undertakings. 4.  In order to ensure that workers can exercise their right to parental leave, Member States  and/or management and labour shall take the necessary measures to protect workers against dismissal  on the grounds of an application for, or the taking of, parental leave in accordance with national  law, collective agreements or practices. 5.  At the end of parental leave, workers shall have the right to return to the same job or, if  that is not possible, to an equivalent or similar job consistent with their employment contract or  employment relationship. 6.  Rights acquired or in the process of being acquired by the worker on the date on which parental  leave starts shall be maintained as they stand until the end of parental leave. At the end of  parental leave, these rights, including any changes arising from national law, collective  agreements or practice, shall apply. 7.  Member States and/or management and labour shall define the status of the employment contract  or employment relationship for the period of parental leave. 8.  All matters relating to social security in relation to this agreement are for consideration and  determination by Member States according to national law, taking into account the importance of the  continuity of the entitlements to social security cover under the different schemes, in particular  health care. Clause 3: Time off from work on grounds of force majeure 1.  Member States and/or management and  labour shall take the necessary measures to entitle workers to time off from work, in accordance  with national legislation, collective agreements and/or practice, on grounds of force majeure for  urgent family reasons in cases of sickness or accident making the immediate presence of the worker  indispensable. 2.  Member States and/or management and labour may specify the conditions of access and detailed  rules for applying clause 3.1 and limit this entitlement to a certain amount of time per year  and/or per case. Clause 4: Final provisions 1.  Member States may apply or introduce more favourable provisions  that those set out in this agreement. 2.  Implementation of the provisions of this agreement shall not constitute valid grounds for  reducing the general level of protection afforded to workers in the field covered by this  agreement. This shall not prejudice the right of Member States and/or management and labour to  develop different legislative, regulatory or contractual provisions, in the light of changing  circumstances (including the introduction of non-transferability), as long as the minimum  requirements provided for in the present agreement are complied with. 3.  The present agreement shall not prejudice the right of management and labour to conclude, at  the appropriate level including European level, agreements adapting and/or complementing the  provisions of this agreement in order to take into account particular circumstances. 4.  Member States shall adopt the laws, regulations and administrative provisions necessary to  comply with the Council decision within a period of two years from its adoption or shall ensure  that management and labour  (1) introduce the necessary measures by way of agreement by the end of  this period. Member States may, if necessary to take account of particular difficulties or  implementation by collective agreement, have up to a maximum of one additional year to comply with  this decision. 5.  The prevention and settlement of disputes and grievances arising from the application of this  agreement shall be dealt with in accordance with national law, collective agreements and  practices. 6.  Without prejudice to the respective role of the Commission, national courts and the Court of  Justice, any matter relating to the interpretation of this agreement at European level should, in  the first instance, be referred by the Commission to the signatory parties who will give an  opinion. 7.  The signatory parties shall review the application of this agreement five years after the date  of the Council decision if requested by one of the parties to this agreement. Done at Brussels, 14 December 1995. Fritz VERZETNITSCH, President of the ETUC Emilio GABAGLIO, Secretary-General ETUC Bld Emile Jacqmain 155 B-1210 BrusselsAntonio Castellano AUYANET, President of the CEEP Roger GOURVÈS, Secretary-General CEEP Rue de la Charité 15 B-1040 BrusselsFrançois PERIGOT, President of the Unice Zygmunt TYSZKIEWICZ, Secretary-General UNICE Rue Joseph II 40 B-1040 Brussels


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32004L0013

Commission Directive 2004/13/EC of 29 January 2004 amending Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs (Text with EEA relevance)

Official Journal L 027 , 30/01/2004 P. 0046 - 0047

Commission Directive 2004/13/ECof 29 January 2004amending Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs(1), and in particular Article 3 thereof,After consulting the European Food Safety Authority,Whereas:(1) Commission Directive 2002/16/EC of 20 February 2002 on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs(2) lays down certain rules applicable to the use/presence of 2,2-bis(4-hydroxyphenyl)propane bis(2,3-epoxypropyl) ether ("BADGE"), bis(hydroxyphenyl) methane bis(2,3-epoxypropyl) ethers ("BFDGE"), novolac glycidyl ethers ("NOGE"), and some of their derivatives, in materials and articles intended to come into contact with foodstuffs.(2) That Directive provides that the use and/or presence of BADGE in the manufacture of those materials and articles may only be continued until 31 December 2004.(3) The Scientific Committee on Food (SCF) requested toxicological data to permit the evaluation of BADGE within certain deadlines. The SCF also requested that new toxicological data be supplied to evaluate the potential carcinogenicity of chlorinated derivatives which were included in the quantitative restriction to be applied to the migration of BADGE provided for in Annex I to Directive 2002/16/EC.(4) On 4 December 2002, the SCF noted the negative results on the potential carcinogenicity of the chlorinated derivatives of BADGE and the low exposure of the European consumer to BADGE as a consequence of the considerable reduction of the content of BADGE found in canned food in the recent enquiries carried out by the Member States and by the Joint Research Centre of the European Commission. Therefore, it is considered admissible to extend the provisional authorisation of BADGE for one year, pending the submission of the new toxicological data and their evaluation by the European Food Safety Authority.(5) Directive 2002/16/EC provides that the requirements of that Directive concerning BADGE, BFDGE and NOGE do not apply to materials and articles covered by surface coatings, and adhesives, which are brought into contact with foodstuffs before 1 March 2003. Those materials and articles may continue to be placed on the market provided that the date of filling appears on the materials and articles. In the interest of an unequivocal interpretation of how the date of filling should be applied on materials and articles, it is appropriate to provide that this date may be replaced by the "best before" date as provided for by Directive 2000/13/EC of the European Parliament and of the Council(3), or another indication such as the lot number required by Council Directive 89/396/EEC(4) for the foodstuffs packed in such materials and articles. It is, though, necessary that a link is established between such indication and the date of filling so that the latter can be always identified.(6) Directive 2002/16/EC should therefore be amended accordingly.(7) 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 1Directive 2002/16/EC is amended as follows:1. in Article 2, second paragraph, the date "31 December 2004" is replaced by the date "31 December 2005";2. Article 5 is replaced by the following:"Article 51. Articles 2, 3 and 4 shall not apply to the materials and articles referred to in points (b) and (c) of the second subparagraph of Article 1(1) which are brought into contact with foodstuffs before 1 March 2003.Those materials and articles may be placed on the market provided that the date of filling appears on the materials and articles. However, the date of filling may be replaced by another indication, provided that this indication permits the identification of the date of filling. Upon request, the date of filling shall be made available to the competent authorities and any person enforcing the requirements of this Directive.2. Paragraph 1 shall apply without prejudice to the requirements of Directive 2000/13/EC.".Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 29 January 2005 at latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 29 January 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 40, 11.2.1989, p. 38.(2) OJ L 51, 22.2.2002, p. 27.(3) OJ L 109, 6.5.2000, p. 29.(4) OJ L 186, 30.6.1989, p. 21.