Avis juridique important

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32003L0100

Commission Directive 2003/100/EC of 31 October 2003 amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (Text with EEA relevance)

Official Journal L 285 , 01/11/2003 P. 0033 - 0037

Commission Directive 2003/100/ECof 31 October 2003amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed(1), as amended by Commission Directive 2003/57/EC(2), and in particular Article 8(1) thereof,Whereas:(1) Directive 2002/32/EC provides that the use of products intended for animal feed which contain levels of undesirable substances exceeding the maximum levels laid down in Annex I thereto is prohibited.(2) When Directive 2002/32/EC was adopted, it was stated that the provisions laid down in Annex I would be reviewed on the basis of updated scientific risk assessments and taking into account the prohibition of any dilution of contaminated non-complying products intended for animal feed.(3) The Scientific Committee for Animal Nutrition (SCAN) was accordingly requested to provide updated scientific risk assessments without delay. SCAN adopted an opinion on undesirable substances in feed on 20 February 2003, which was updated on 25 April 2003. That opinion provides a comprehensive overview of the possible risks for animal and public health as the consequence of the presence of different undesirable substances in animal feed.(4) SCAN nevertheless acknowledged that additional detailed risk assessments are necessary to permit a complete review of Annex I to Directive 2002/32/EC. Since May 2003, the European Food Safety Authority (EFSA) has taken over from the European Commission the responsibility for the scientific assessment of feed and food safety issues. EFSA has been asked to carry out those detailed risk assessments.(5) In the meantime, it has been pointed out that the supply of some essential and valuable feed materials could be endangered because the level of an undesirable substance in some feed materials due to normal background contamination is close to or exceeds the maximum level laid down in the Annex I to Directive 2002/32/EC. Also some inconsistencies have been found between the provisions of the Annex.(6) The Annex should therefore be amended on a provisional basis, pending the detailed scientific risk assessments, maintaining a high level of protection for public and animal health and the environment.(7) With a view to maintaining such a high level of protection for public and animal health and the environment, it is acknowledged that if feed materials are fed directly to the animals or if complementary feedingstuffs are used, their use in a daily ration should not lead to the animal being exposed to a higher level of an undesirable substance than the corresponding maximum levels of exposure where only complete feedingstuffs are used in a daily ration.(8) SCAN confirms that arsenic in its organic forms has a limited toxicity. The determination of total arsenic in feed may, therefore, not always accurately reflect the risk posed by the inorganic forms. However, organic and inorganic forms of arsenic can be distinguished only by a complex method of analysis, which is not readily applicable in the framework of official controls. It is therefore appropriate for the maximum levels to refer to total arsenic with the residual possibility to require more detailed analysis particularly in case of the presence of Hizikia fusiforme. In the absence of a Community method of analysis for the determination of total arsenic, it is necessary to prove the satisfactory performance of the used sample treatment procedure and method of analysis by making use of certified reference materials, containing a significant part of the arsenic in its organic form.(9) It is also necessary to take account of the fact that more than 95 % of the arsenic present in feed materials of marine origin is in the less toxic organic forms and of recent developments in formulating fish feed incorporating higher ratios of fish oil and fishmeal.(10) The current maximum levels for arsenic, lead and fluorine in some mineral feed materials do not reflect the current normal background contamination levels. Given the low bioavailability of these undesirable substances in mineral feedingstuffs, it is appropriate to ensure that those essential and valuable feed materials can be supplied without endangering animal and public health and the environment.(11) Aflatoxin B1 is a genotoxic carcinogen which is detected in milk in the form of its metabolite aflatoxin M1. It is appropriate to keep the maximum levels for aflatoxin as low as reasonably achievable in order to protect public health. Proper handling and drying practices can keep the aflatoxin levels in the different feed materials low, and efficient decontamination procedures exist to reduce levels of the aflatoxin B1. It is appropriate that the same maximum level of aflatoxin B1 should apply to all feed materials.(12) Whole cottonseed contains high levels of free gossypol as natural constituent. It is therefore appropriate to set specific maximum limits for free gossypol in whole cottonseed.(13) 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 1Annex I to Directive 2002/32/EC is hereby amended in accordance with the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 12 months after its entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 31 October 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 140, 30.5.2002, p. 10.(2) OJ L 151, 19.6.2003, p. 38.ANNEXAnnex I to Directive 2002/32/EC is amended as follows:1. Points 1, 2 and 3 are replaced by the following:">TABLE>"2. Point 7 is replaced by the following:">TABLE>"3. Point 9 is replaced by the following:">TABLE>"4. Point 22 is replaced by the following:">TABLE>"


Avis juridique important

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31968L0420

Council Directive 68/420/EEC of 20 December 1968 making a fourth amendment to the Council Directive on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption

Official Journal L 309 , 24/12/1968 P. 0025 Finnish special edition: Chapter 13 Volume 1 P. 0108  Danish special edition: Series I Chapter 1968(II) P. 0587  Swedish special edition: Chapter 13 Volume 1 P. 0108  English special edition: Series I Chapter 1968(II) P. 0598  Greek special edition: Chapter 03 Volume 4 P. 0056  Spanish special edition: Chapter 13 Volume 1 P. 0152  Portuguese special edition Chapter 13 Volume 1 P. 0152

++++ ( 1 ) OJ N 12 , 27 . 1 . 1964 , P . 161/64 .   ( 2 ) OJ N 148 , 11 . 7 . 1967 , P . 1 .  COUNCIL DIRECTIVE  OF 20 DECEMBER 1968  MAKING A FOURTH AMENDMENT TO THE COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORISED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION   ( 68/420/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 ;  WHEREAS , PURSUANT TO ARTICLES 5 ( A ) AND 11 ( 2 ) OF THE COUNCIL DIRECTIVE OF 5 NOVEMBER 1963 ( 1 ) ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORISED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION , AS LAST AMENDED BY THE COUNCIL DIRECTIVE OF 27 JUNE 1967 ( 2 ) , MEMBER STATES MUST , NOT LATER THAN FOUR YEARS AFTER NOTIFICATION OF THAT DIRECTIVE , PROHIBIT THE USE OF CERTAIN PRESERVATIVES ; WHEREAS THIS PROHIBITION MUST TAKE EFFECT BEFORE THE END OF ONE FURTHER YEAR ;  WHEREAS IT HAS NOT AS YET BEEN POSSIBLE TO TERMINATE SCIENTIFIC AND TECHNICAL RESEARCH ON THE ABOVEMENTIONED PRESERVATIVES AND AN ADDITIONAL PERIOD IS REQUIRED IN ORDER TO COMPLETE THIS RESEARCH ;  WHEREAS IT IS THEREFORE NECESSARY TO AUTHORISE THE MEMBER STATES CONCERNED TO SUSPEND APPLICATION OF THE PROHIBITION ON THE USE OF THOSE PRESERVATIVES SO THAT , IN THE INTERIM , ALL THE INFORMATION NEEDED FOR THEIR ASSESSMENT MAY BE OBTAINED ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE FOLLOWING SENTENCE SHALL BE ADDED TO ARTICLE 11 ( 2 ) OF THE COUNCIL DIRECTIVE OF 5 NOVEMBER 1963 :   " HOWEVER , IN SUCH CASE , APPLICATION OF THE AMENDED LAWS MAY BE DEFERRED UNTIL 1 JANUARY 1972 . "  ARTICLE 2  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 20 DECEMBER 1968 .  FOR THE COUNCIL  THE PRESIDENT  V . LATTANZIO


title: Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community (Text with EEA relevance)

text:
               30.4.2004

               EN

               Official Journal of the European Communities

               L 166/124

         DIRECTIVE 2004/52/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 29 April 2004
   on the interoperability of electronic road toll systems in the Community
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 7(1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Economic and Social Committee (1),
   Having regard to the Opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               By its Resolution of 17 June 1997 on the development of telematics in road transport, in particular with respect to electronic fee collection (EFC) (4) the Council called on the Commission and Member States to develop a strategy for the convergence of EFC systems in order to achieve an appropriate level of interoperability at a European level. The communication of the Commission on interoperable electronic fee collection systems in Europe was the first stage of this strategy.

               (2)

               The majority of Member States which have installed electronic toll systems to finance road infrastructure costs or to collect road usage fees (jointly referred to hereinafter as "electronic toll systems") use short-range microwave technology and frequencies close to 5,8 GHz, but these systems are currently not totally compatible. The work on microwave technology undertaken by the European Committee for Standardisation (CEN) resulted in January 2003 in the preparation of technical standards making for the compatibility of 5,8 GHz microwave electronic toll systems, following the adoption of technical pre-standards in 1997. However, these pre-standards do not cover all the Dedicated Short-Range Communications (DSRC) 5,8 GHz systems in operation in the Community and encompass two variants which are not totally compatible. They are based on the Open Systems Interconnection model defined by the International Standardisation Organisation for communication between computer systems.

               (3)

               Manufacturers of equipment and infrastructure managers have nonetheless agreed, within the Community, to develop interoperable products based on existing DSRC 5,8 GHz systems. The equipment that will need to be made available to users should accordingly be capable of communicating with the technologies that may only be used in new electronic toll systems to be deployed in the Community after 1 January 2007, namely satellite positioning technology, mobile communications technology using the GSM-GPRS standard and 5,8 GHz microwave technology.

               (4)

               It is essential that the standardisation work be completed as quickly as possible to establish technical standards ensuring technical compatibility among electronic toll systems based on 5,8 GHz microwave technology and on satellite positioning and mobile communications technologies, in order to avoid further fragmentation of the market.

               (5)

               It is necessary to provide for the widespread deployment of electronic toll systems in the Member States and neighbouring countries, and the need is arising to have interoperable systems suited to the future development of road-charging policy at Community level and to future technical developments.

               (6)

               The electronic toll systems should be interoperable and based on open and public standards, available on a non-discriminatory basis to all system suppliers.

               (7)

               In introducing new electronic toll systems, sufficient equipment should be made available to avoid discrimination between the undertakings concerned.

               (8)

               In particular, owing to their great flexibility and versatility, application of the new satellite positioning (GNSS) and mobile communications (GSM/GPRS) technologies to electronic toll systems may serve to meet the requirements of the new road-charging policies planned at Community and Member State level. These technologies enable the number of kilometres covered per category of road to be counted without requiring costly investment in infrastructure. They also open the door to additional new safety and information services for travellers, such as the automatic alarm triggered by a vehicle involved in an accident and indicating its position, and real-time information on traffic conditions, traffic levels and journey times. With regard to satellite positioning, the Galileo project launched by the Community in 2002 is designed to provide, as of 2008, information services of higher quality than that provided by the current satellite navigation systems and which are optimal for road telematic services. The European geostationary navigation overlay service (EGNOS) precursor system will already be operational in 2004, providing similar results. However, these innovative systems could raise problems concerning the reliability of checks and with regard to fraud prevention. However, owing to the considerable advantages referred to above, the application of satellite positioning and mobile communications technologies is in principle to be recommended in introducing new electronic toll systems.

               (9)

               The proliferation of technologies for electronic toll systems already in use or planned in the coming years (mainly 5,8 GHz microwave, satellite positioning and mobile communications) and the proliferation of specifications imposed by the Member States and neighbouring countries for their electronic toll systems may compromise both the smooth operation of the internal market and transport policy objectives. Such a situation is liable to lead to the proliferation of incompatible and expensive electronic boxes in the driving cabs of heavy goods vehicles, and to drivers making mistakes when using them with the result, for example, of unintentionally avoiding payment. Such a proliferation is unacceptable to users and to manufacturers of vehicles for cost, safety and legal reasons.

               (10)

               Artificial barriers to the operation of the internal market should be removed, while still allowing the Member States and the Community to implement a variety of road-charging policies for all types of vehicles at local, national or international level. The equipment installed in vehicles should allow such road-charging policies to be implemented in accordance with the principles of non-discrimination between the citizens of all Member States. The interoperability of electronic toll systems at Community level therefore needs to be ensured as soon as possible.

               (11)

               Drivers are legitimately concerned to see improved quality of service on the road infrastructure, in particular in terms of safety, as well as a substantial reduction in congestion at toll plazas, especially on busy days and at certain particularly congested points in the road network. The definition of the European electronic toll service needs to address that concern. Provision should, moreover, be made to ensure that the technologies and components provided for can, as far as technically possible, also be combined with other vehicle components, in particular the electronic tachograph and emergency call capabilities. Intermodal systems should not be excluded at a later stage.

               (12)

               The option of accessing other, future applications in addition to toll collection should be ensured by fitting appropriate equipment.

               (13)

               A European electronic toll service should provide interoperability at technical, contractual and procedural level, covering:

                           (a)

                           a single contract between the clients and the operators offering the service, complying with a contractual set of rules allowing all operators and/or issuers to provide the service, giving access to the whole network;

                           (b)

                           a set of technical standards and requirements allowing the industry to provide the necessary equipment for the provision of the service.

               (14)

               Contractual interoperability provides the potential for important facilitation to some road-users and for significant economies in administration for commercial road users.

               (15)

               Electronic toll systems contribute significantly to reducing the risk of accidents, thus increasing road safety, to reducing the number of cash transactions and to reducing congestion at toll plazas, especially on busy days. They also reduce the negative environmental impact of waiting and restarting vehicles and congestion, as well as the environmental impact related to the installation of new toll gates or expansion of existing toll stations.

               (16)

               The White Paper on European Transport Policy for 2010 contains objectives of safety and fluidity of road traffic. Interoperable Intelligent Transport Services and Systems are a key tool in the achievement of these objectives.

               (17)

               The introduction of electronic toll systems will entail the processing of personal data. Such processing needs to be carried out in accordance with Community rules, as set out inter alia in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (5) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (6). The right to protection of personal data is explicitly recognised by Article 8 of the Charter of Fundamental Rights of the European Union.

               (18)

               Automatic debiting of toll charges to bank accounts or credit/debit card accounts which are domiciled anywhere, in the Community and beyond, is conditional on a fully operational Community payments area with non-discriminatory service charges.

               (19)

               Systems of electronic toll collection which are put in place in the Member States should meet the following fundamental criteria: the system should be amenable to ready incorporation of future technological and systems improvements and developments without costly redundancy of older models and methods, the costs of its adoption by commercial and private road users should be insignificant compared with the benefits to those road users as well as to society as a whole, and its implementation in any Member State should be non-discriminatory in all respects between domestic road users and road users from other Member States.

               (20)

               Since the objectives of this Directive, in particular, the interoperability of electronic toll systems in the internal market and the introduction of a European electronic toll service covering the entire Community road network on which tolls are charged, cannot be sufficiently achieved by the Member States and can therefore, by reason of their European dimension, be better achieved at Community level, the Community may take measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

               (21)

               The inclusion of interested parties (such as toll-service operators, infrastructure managers, electronics and motor industries and users) in Commission consultations on technical and contractual aspects of creating the European electronic toll service should be provided for. Where appropriate, the Commission should also consult non-governmental organisations active in the field of privacy protection, road safety and the environment.

               (22)

               To set up the European electronic toll service it will first be necessary to establish guidelines to be laid down by the Electronic Toll Committee established by this Directive.

               (23)

               This Directive does not affect the Member States' freedom to lay down rules governing road infrastructure charging and taxation matters.

               (24)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7),

         HAVE ADOPTED THIS DIRECTIVE:

      Article 1

   Objective and scope
   1.   This Directive lays down the conditions necessary to ensure the interoperability of electronic road toll systems in the Community. It applies to the electronic collection of all types of road fees, on the entire Community road network, urban and interurban, motorways, major and minor roads, and various structures such as tunnels, bridges and ferries.
   2.   This Directive does not apply to:

               (a)

               road toll systems for which no electronic means of toll collection exists;

               (b)

               electronic road toll systems which do not need the installation of on-board equipment;

               (c)

               small, strictly local road toll systems for which the costs of compliance with the requirements of this Directive would be disproportionate to the benefits.

         3.   To achieve the objective set in paragraph 1, a European electronic toll service shall be created. This service, which is complementary to the national electronic toll services of the Member States, shall ensure the interoperability throughout the Community, for users, of the electronic toll systems that have already been introduced in the Member States and of those to be introduced in the future in the framework of this Directive.

      Article 2

   Technological solutions
   1.   All new electronic toll systems brought into service on or after 1 January 2007 shall, for carrying out electronic toll transactions, use one or more of the following technologies:

               (a)

               satellite positioning;

               (b)

               mobile communications using the GSM-GPRS standard (reference GSM TS 03.60/23.060);

               (c)

               5,8 GHz microwave technology

         2.   The European electronic toll service shall be brought into service pursuant to Article 3(1). Operators shall make available to interested users on-board equipment which is suitable for use with all electronic toll systems in service in the Member States using the technologies referred to in paragraph 1 and which is suitable for use in all types of vehicle, in accordance with the timetable set out in Article 3(4). This equipment shall at least be interoperable and capable of communicating with all the systems operating in the Member States using one or more of the technologies listed in paragraph 1. The detailed arrangements in this respect shall be determined by the Committee referred to in Article 5(1), including arrangements for the availability of on-board equipment to meet the demand of interested users.
   3.   It is recommended that new electronic toll systems brought into service after the adoption of this Directive use the satellite positioning and mobile communications technologies listed in paragraph 1. In respect of the possible migration to systems using such technologies by systems using other technologies, the Commission, in liaison with the Committee referred to in Article 5(1), shall draw up a report by 31 December 2009. This report shall include a study of use of each of the technologies referred to in paragraph 1, as well as a cost-benefit analysis. If appropriate, the Commission shall accompany the report with a proposal to the European Parliament and the Council for a migration strategy.
   4.   Without prejudice to paragraph 1, on-board equipment may also be suitable for other technologies, on condition that this does not lead to an additional burden for users or create discrimination between them. Where relevant, on-board equipment may also be linked to the vehicle's electronic tachograph.
   5.   Where Member States have toll systems, they shall take the necessary measures to increase the use of electronic toll systems. They shall endeavour to ensure that, by 1 January 2007 at the latest, at least 50% of traffic flow in each toll station can use electronic toll systems. Lanes used for electronic toll collection may also be used for toll collection by other means, with due regard to safety.
   6.   Interoperability work on existing toll technologies undertaken in connection with the European electronic toll service shall ensure the full compatibility and interfacing of those technologies with the technologies referred to in paragraph 1 and of their equipment with each other.
   7.   Member States shall ensure that processing of personal data necessary for the operation of the European electronic toll service is carried out in accordance with the Community rules protecting the freedoms and fundamental rights of individuals, including their privacy, and that, in particular, the provisions of Directives 95/46/EC and 2002/5 8/EC are complied with.

      Article 3

   Setting-up of a European electronic toll service
   1.   A European electronic toll service shall be set up which encompasses all the road network in the Community on which tolls or road usage fees are collected electronically. This electronic toll service will be defined by a contractual set of rules allowing all operators and/or issuers to provide the service, a set of technical standards and requirements and a single subscription contract between the clients and the operators and/or issuers offering the service. This contract shall give access to the service on the whole of the network and subscriptions shall be available from the operator of any part of the network and/or from the issuer.
   2.   The European electronic toll service shall be independent of the fundamental decisions taken by Member States to levy tolls on particular types of vehicles, of the level of charges and of the purpose for which such charges are levied. It shall concern only the method of collecting tolls or fees. The service shall allow for contracts to be concluded irrespective of the place of registration of the vehicle, the nationality of the parties to the contract, and the zone or point on the road network in respect of which the toll is due.
   3.   The system shall allow intermodality to develop without creating disadvantages for other modes of transport.
   4.   Where Member States have national systems of electronic toll collection, they shall ensure that operators and/or issuers offer the European electronic toll service to their customers in accordance with the following timetable:

               (a)

               for all vehicles exceeding 3,5 tonnes and for all vehicles which are allowed to carry more than nine passengers (driver + 8), at the latest three years after the decisions on the definition of the European electronic toll service, as referred to in Article 4(4), have been taken;

               (b)

               for all other types of vehicle, at the latest five years after the decisions on the definition of the European electronic toll service, as referred to in Article 4(4), have been taken.

      Article 4

   Features of the European electronic toll service
   1.   The European electronic toll service shall be based on the items listed in the Annex to this Directive.
   2.   Where appropriate, this Annex may be modified for technical reasons in accordance with the procedure referred to in Article 5(2).
   3.   The European electronic toll service shall employ the technological solutions referred to. in Article 2, using specifications which shall be publicly available.
   4.   The decisions relating to the definition of the European electronic toll service shall be taken by the Commission in accordance with the procedure referred to in Article 5(2), by 1 July 2006. Such decisions shall only be taken if all the conditions, evaluated on the basis of appropriate studies, are in place to enable interoperability to work from all points of view, including technical, legal and commercial.
   5.   If the decisions referred to in paragraph 4 are not taken by 1 July 2006, the Commission shall, in accordance with the procedure referred to in Article 5(2), set a new date by which such decisions are to be taken.
   6.   Technical decisions relating to the realisation of the European electronic toll service shall be taken by the Commission in accordance with the procedure referred to in Article 5(2).
   7.   The Commission shall ask the relevant standardisation bodies, in particular the CEN, in accordance with the procedure laid down by Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (8), to make every necessary effort rapidly to adopt standards applicable to electronic toll systems with regard to the technologies listed in Article 2(1).
   8.   Equipment for the European electronic toll service shall comply in particular with the requirements of Directives 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (9) and Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility (10).

      Article 5

   Committee procedure
   1.   The Commission shall be assisted by an Electronic Toll Committee (hereinafter "the Committee").
   2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
   3.   The Committee shall adopt its Rules of Procedure.

      Article 6

   Implementation
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ... (11). They shall immediately forward to the Commission the text of those provisions, together with a table correlating those provisions with this Directive.
   When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

      Article 7

   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Article 8

   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 29 April 2004.

         For the European Parliament
         The President
         P. COX

         For the Council
         The President
         M. MCDOWELL

      (1)  OJ C 32, 5.2.2004, p. 36.

      (2)  OJ C 73, 23.3.2004, p. 54.

      (3)  Opinion of the European Parliament of 18 December 2003 (not yet published in the Official Journal), Council Common Position of 22 March 2004 (OJ C 95 E, 20.4.2004, p. 53) and Position of the European Parliament of 20 April 2004.

      (4)  OJ C 194, 25.6.1997, p. 5.

      (5)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (6)  OJ L 201, 31.7.2002, p. 37.

      (7)  OJ L 184, 17.7.1999, p. 23.

      (8)  OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession.

      (9)  OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC) No 1882/2003.

      (10)  OJ L 139, 23.5.1989, p. 19. Directive as last amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).

      (11)  18 months after the date of entry into force of the Directive.

      ANNEX
      Items required for the definition and deployment of the European electronic toll service
      The matters listed below are essential for the definition and deployment of the European electronic toll service set up under the Directive. These matters are distinguished between technical, procedural and legal issues:
      Technical issues:

                  (a)

                  operational procedures for the service: subscription, instructions for use, installation and attachment of on-board equipment in vehicles, processing of transactions at toll stations or for continuous charging, procedures for recovering transaction-data in the event of equipment breakdown or malfunction, control systems, invoicing and collection of sums due, after-sales service, customer assistance, definition of the level of service offered to customers; when establishing such operational procedures, the existing procedures in the Member States shall be taken into account;

                  (b)

                  functional specifications of the service: description of the functions of on-board equipment and ground-based equipment;

                  (c)

                  technical specifications of ground-based and on-board equipment supporting the service, and the standards, certification procedures and constraints to be observed;

                  (d)

                  launching and following up work involving relevant standardisation bodies, and any technical additions to the standards or pre-standards used, in order to ensure interoperability,

                  (e)

                  specifications for installing on-board equipment;

                  (f)

                  transactional models: precise definition of transactional algorithms for each different type of toll (fixed-point tolls or continuous charging), and definition of the data exchanged between on-board and ground-based equipment and of the data formats;

                  (g)

                  arrangements for the availability of on-board equipment to meet the demand of all interested users;

            Procedural issues:

                  (h)

                  procedures for verification of technical performance of on-board equipment, roadside equipment and the way equipment is installed in vehicles;

                  (i)

                  parameters for vehicle classification: validation of a Community list of technical parameters from which each Member State will select those it wishes to use for its charging policy. The parameters will represent vehicles' physical, engine and environmental characteristics. Establishment of vehicle classes based on those parameters will be a matter for Member States;

                  (j)

                  implementation of procedures for dealing with particular cases, such as any type of malfunction. This relates in particular to cases in which the road toll operators and the customer come from different countries;

            Legal issues:

                  (k)

                  validation of the chosen technical solutions vis-à-vis the Community rules protecting the freedoms and fundamental rights of individuals, including their privacy. In particular, it will be necessary to ensure compliance with Directive 95/46/EC and Directive 2002/58/EC;

                  (l)

                  setting non-discriminatory common rules and minimum requirements which potential service providers should respect when providing the service;

                  (m)

                  assessment of the possibility of harmonising the rules of enforcement relating to electronic road tolls;

                  (n)

                  a memorandum of understanding between road toll operators, enabling the European electronic toll service to be implemented, including conflict resolution procedures.


title: Commission Directive 2006/8/EC of  23 January 2006  amending, for the purposes of their adaptation to technical progress, Annexes II, III and V to Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations   (Text with EEA relevance)

text:
               24.1.2006

               EN

               Official Journal of the European Union

               L 19/12

         COMMISSION DIRECTIVE 2006/8/EC
   of 23 January 2006
   amending, for the purposes of their adaptation to technical progress, Annexes II, III and V to Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (1), and in particular the first paragraph of Article 20 thereof,
   Whereas:

               (1)

               Preparations composed of more than one substance being classified in Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2) as carcinogenic, mutagenic and/or toxic for reproduction must currently be labelled with risk phrases (R-phrases) to indicate both category 1 or 2 and category 3 classification. However, providing both R-phrases sends a conflicting message. Preparations should therefore only be classified and labelled with the higher category.

               (2)

               For substances very toxic to the aquatic environment (classified as N) and assigned the R-phrases R50 or R50/53, specific concentration limits (SCLs) are currently applied to substances listed in Annex I to Directive 67/548/EEC in order to avoid an underestimation of the hazard. This measure creates distortions between preparations containing substances listed in Annex I to Directive 67/548/EEC, to which SCLs are applied, and those preparations containing substances not yet included in Annex I, but classified and labelled provisionally in accordance with Article 6 of Directive 67/548/EEC and to which no SCLs are applicable. It is therefore necessary to ensure that SCLs are applied in the same way to all preparations containing substances very toxic to the aquatic environment.

               (3)

               On 6 August 2001, the Commission adopted Directive 2001/59/EC (3) adapting to technical progress Directive 67/548/EEC. Directive 2001/59/EC revised the criteria in Annex VI to Directive 67/548/EEC for the classification and labelling of ozone depleting substances. The revised Annex III now only provides for the assignment of the symbol N in addition to R-phrase R59.

               (4)

               The terminology used to describe the packaging and the labelling requirements in Annex V to Directive 1999/45/EC has raised concerns due to the lack of consistency. It is therefore appropriate to modify the wording in Annex V to Directive 1999/45/EC to make it more accurate.

               (5)

               Annexes II, III and V to Directive 1999/45/EC should therefore be amended accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations established under Article 20 of Directive 1999/45/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes II, III and V to Directive 1999/45/EC are amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 March 2007 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the 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, 23 January 2006.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 200, 30.7.1999, p. 1. Directive as last amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

      (2)  OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).

      (3)  OJ L 225, 21.8.2001, p. 1.

      ANNEX
      Directive 1999/45/EC is amended as follows:

                  1.

                  Annex II is amended as follows:

                              (a)

                              table VI is replaced by the following table:
                              ‘Table VI

                                          Classification of the substance

                                          Classification of the preparation

                                          Categories 1 and 2

                                          Category 3

                                          Carcinogenic substances of category 1 or 2 with R45 or R49

                                          Concentration ≥ 0,1 %
                                          carcinogenic
                                          R45, R49 obligatory as appropriate

                                          Carcinogenic substances of category 3 with R40

                                          Concentration ≥ 1 %
                                          carcinogenic
                                          R40 obligatory (unless already assigned R45
                                              (1))

                                          Mutagenic substances of category 1 or 2 with R46

                                          Concentration ≥ 0,1 %
                                          mutagenic
                                          R46 obligatory

                                          Mutagenic substances of category 3 with R68

                                          Concentration ≥ 1 %
                                          mutagenic
                                          R68 obligatory (unless already assigned R46)

                                          Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility)

                                          Concentration ≥ 0,5 %
                                          toxic for reproduction (fertility)
                                          R60 obligatory

                                          Substances “toxic for reproduction” of category 3 with R62 (fertility)

                                          Concentration ≥ 5 %
                                          toxic for reproduction (fertility)
                                          R62 obligatory (unless already assigned R60)

                                          Substances “toxic for reproduction” of category 1 or 2 with R61 (development)

                                          Concentration ≥ 0,5 %
                                          toxic for reproduction (development)
                                          R61 obligatory

                                          Substances “toxic for reproduction” of category 3 with R63 (development)

                                          Concentration ≥ 5 %
                                          toxic for reproduction (development)
                                          R63 obligatory (unless already assigned R61)

                              (b)

                              table VI A is replaced by the following table:
                              ‘Table VI A

                                          Classification of the substance

                                          Classification of the preparation

                                          Categories 1 and 2

                                          Category 3

                                          Carcinogenic substances of category 1 or 2 with R45 or R49

                                          Concentration ≥ 0,1 %
                                          carcinogenic
                                          R45, R49 obligatory as appropriate

                                          Carcinogenic substances of category 3 with R40

                                          Concentration ≥ 1 %
                                          carcinogenic
                                          R40 obligatory (unless already assigned R45
                                              (2))

                                          Mutagenic substances of category 1 or 2 with R46

                                          Concentration ≥ 0,1 %
                                          mutagenic
                                          R46 obligatory

                                          Mutagenic substances of category 3 with R68

                                          Concentration ≥ 1 %
                                          mutagenic
                                          R68 obligatory (unless already assigned R46)

                                          Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility)

                                          Concentration ≥ 0,2 %
                                          toxic for reproduction (fertility)
                                          R60 obligatory

                                          Substances “toxic for reproduction” of category 3 with R62 (fertility)

                                          Concentration ≥ 1 %
                                          toxic for reproduction (fertility)
                                          R62 obligatory (unless already assigned R60)

                                          Substances “toxic for reproduction” of category 1 or 2 with R61 (development)

                                          Concentration ≥ 0,2 %
                                          toxic for reproduction (development)
                                          R61 obligatory

                                          Substances “toxic for reproduction” of category 3 with R63 (development)

                                          Concentration ≥ 1 %
                                          toxic for reproduction (development)
                                          R63 obligatory (unless already assigned R61)

                  2.

                  Annex III is amended as follows:

                              (a)

                              in Part A, point 2 of section (b)(1) (I), is deleted;

                              (b)

                              in Part B, table 1 is replaced by the following tables:
                              ‘Table 1a
                              Acute aquatic toxicity and long-term adverse effects

                                          Classification of the substance

                                          Classification of the preparation

                                          N, R50-53

                                          N, R51-53

                                          R52-53

                                          N, R50-53

                                          see Table 1b

                                          see Table 1b

                                          see Table 1b

                                          N, R51-53

                                          Cn ≥ 25 %

                                          2,5 % ≤ Cn < 25 %

                                          R52-53

                                          Cn ≥ 25 %

                                    Preparations containing a substance classified with N, R50-53, the concentration limits and the resulting classification given in table 1b are applicable.
                              Table 1b
                              Acute aquatic toxicity and long-term adverse effects of substances very toxic to the aquatic environment

                                          LC50 or EC50 value (“L(E)C50”) of substance classified as N, R50-53 (mg/l)

                                          Classification of the preparation

                                          N, R50-53

                                          N, R51-53

                                          R52-53

                                          0,1 < L(E)C50 ≤ 1

                                          Cn ≥ 25 %

                                          2,5 % ≤ Cn < 25 %

                                          0,25 % ≤ Cn < 2,5 %

                                          0,01 < L(E)C50 ≤ 0,1

                                          Cn ≥ 2,5 %

                                          0,25 % ≤ Cn < 2,5 %

                                          0,025 % ≤ Cn < 0,25 %

                                          0,001 < L(E)C50 ≤ 0,01

                                          Cn ≥ 0,25 %

                                          0,025 % ≤ Cn < 0,25 %

                                          0,0025 % ≤ Cn < 0,025 %

                                          0,0001 < L(E)C50 ≤ 0,001

                                          Cn ≥ 0,025 %

                                          0,0025 % ≤ Cn < 0,025 %

                                          0,00025 % ≤ Cn < 0,0025 %

                                          0,00001 < L(E)C50 ≤ 0,0001

                                          Cn ≥ 0,0025 %

                                          0,00025 % ≤ Cn < 0,0025 %

                                          0,000025 % ≤ Cn < 0,00025 %

                                          For preparations containing substances with a lower LC50 or EC50 value than 0,00001 mg/l, the corresponding concentration limits are calculated accordingly (in factor 10 intervals).’

                              (c)

                              in part B, table 2 is replaced by the following table:
                              ‘Table 2
                              Acute aquatic toxicity

                                          LC50 or EC50 value (“L(E)C50”) of substance classified either as N, R50 or as N, R50-53 (mg/l)

                                          Classification of the preparation N, R50

                                          0,1 < L(E)C50 ≤ 1

                                          Cn ≥ 25 %

                                          0,01 < L(E)C50 ≤ 0,1

                                          Cn ≥ 2,5 %

                                          0,001 < L(E)C50 ≤ 0,01

                                          Cn ≥ 0,25 %

                                          0,0001 < L(E)C50 ≤ 0,001

                                          Cn ≥ 0,025 %

                                          0,00001 < L(E)C50 ≤ 0,0001

                                          Cn ≥ 0,0025 %

                                          For preparations containing substances with a lower LC50 or EC50 value than 0,00001 mg/l, the corresponding concentration limits are calculated accordingly (in factor 10 intervals).’

                              (d)

                              in part B, table 5 of point II, is replaced by the following table:
                              ‘Table 5
                              Dangerous for the ozone layer

                                          Classification of the substance

                                          Classification of the preparation N, R59

                                          N with R59

                                          Cn ≥ 0,1 %’

                  3.

                  Annex V is replaced by the following:

                     ‘ANNEX V
                     SPECIAL PROVISIONS CONCERNING THE LABELLING OF CERTAIN PREPARATIONS
                     A.   For preparations classified as dangerous within the meaning of Articles 5, 6 and 7
                     1.   Preparations sold to the general public

                                 1.1.

                                 The label on the packaging containing such preparations, in addition to the specific safety advice, must bear the relevant safety advice S1, S2, S45 or S46 in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC.

                                 1.2.

                                 When such preparations are classified as very toxic (T+), toxic (T) or corrosive (C) and where it is physically impossible to give such information on the package itself, packages containing such preparations must be accompanied by precise and easily understandable instructions for use including, where appropriate, instructions for the destruction of the empty package.

                           2.   Preparations intended for use by spraying
                     The label on the packaging containing such preparations must compulsorily bear the safety advice S23 accompanied by safety advice S38 or S51 assigned to it in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC.
                     3.   Preparations containing a substance assigned phrase R33: Danger of cumulative effects
                     When a preparation contains at least one substance assigned the phrase R33, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the concentration of this substance present in the preparation is equal to or higher than 1 %, unless different values are set in Annex I to Directive 67/548/EEC.
                     4.   Preparations containing a substance assigned phrase R64: May cause harm to breastfed babies
                     When a preparation contains at least one substance assigned phrase R64, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the concentration of this substance present in the preparation is equal to or higher than 1 %, unless different values are set in Annex I to Directive 67/548/EEC.
                     B.   For preparations irrespective of their classification within the meaning of Articles 5, 6 and 7
                     1.   Preparations containing lead
                     1.1.   Paint and varnishes
                     The label on the packaging of paints and varnishes containing lead in quantities exceeding 0,15 % (expressed as weight of metal) of the total weight of the preparation, as determined in accordance with ISO standard 6503/1984, must show the following particulars:
                     “Contains lead. Should not be used on surfaces liable to be chewed or sucked by children”.
                     In the case of packages the contents of which are less than 125 millilitres, the particulars may be as follows:
                     “Warning! Contains lead”.
                     2.   Preparations containing cyanoacrylates
                     2.1.   Adhesives
                     The label on the immediate packaging of adhesives based on cyanoacrylate must bear the following inscriptions:

                                 “Cyanoacrylate
                                 Danger
                                 Bonds skin and eyes in seconds
                                 Keep out of the reach of children”.

                           Appropriate advice on safety must accompany the package.
                     3.   Preparations containing isocyanates
                     The label on the packaging of preparations containing isocyanates (as monomers, oligomers, prepolymers, etc., or as mixtures thereof) must bear the following inscriptions:

                                 “Contains isocyanates.
                                 See information supplied by the manufacturer”.

                           4.   Preparations containing epoxy constituents with an average molecular weight ≤ 700
                     The label on the packaging of preparations containing epoxy constituents with an average molecular weight ≤ 700 must bear the following inscriptions:

                                 “Contains epoxy constituents.
                                 See information supplied by the manufacturer”.

                           5.   Preparations sold to the general public which contain active chlorine
                     The label on the packaging of preparations containing more than 1 % of active chlorine must bear the following particular inscriptions:
                     “Warning! Do not use together with other products. May release dangerous gases (chlorine)”.
                     6.   Preparations containing cadmium (alloys) and intended to be used for brazing or soldering
                     The label on the packaging of the above mentioned preparations must bear the following inscription printed in clearly legible and indelible characters:

                                 “Warning! Contains cadmium.
                                 Dangerous fumes are formed during use.
                                 See information supplied by the manufacturer.
                                 Comply with the safety instructions”.

                           7.   Preparations available as aerosols
                     Without prejudice to the provisions of this Directive, preparations available as aerosols are also subject to the labelling provisions in accordance with points 2.2 and 2.3 of the Annex to Directive 75/324/EEC as last amended by Directive 94/1/EC.
                     8.   Preparations containing substances not yet tested completely
                     Where a preparation contains at least one substance which, in accordance with Article 13.3 of Directive 67/548/EEC, bears the inscription “Caution — substance not yet tested completely”, the label on the packaging of the preparation must bear the inscription “Warning — this preparation contains a substance not yet tested completely” if this substance is present in a concentration ≥ 1 %.
                     9.   Preparations not classified as sensitising but containing at least one sensitising substance
                     The label on the packaging of preparations containing at least one substance classified as sensitising and being present in a concentration equal to or greater than 0,1 % or in a concentration equal to or greater than that specified under a specific note for the substance in Annex I to Directive 67/548/EEC must bear the inscription:
                     “Contains (name of sensitising substance). May produce an allergic reaction”.
                     10.   Liquid preparations containing halogenated hydrocarbons
                     For liquid preparations which show no flashpoint or a flashpoint higher than 55 °C and contain a halogenated hydrocarbon and more than 5 % flammable or highly flammable substances, the label on the packaging must bear the following inscription as appropriate:
                     “Can become highly flammable in use” or “Can become flammable in use”.
                     11.   Preparations containing a substance assigned phrase R67: vapours may cause drowsiness and dizziness
                     When a preparation contains one or more substances assigned the phrase R67, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the total concentration of these substances present in the preparation is equal to or higher than 15 %, unless:

                                 —

                                 the preparation is already classified with phrases R20, R23, R26, R68/20, R39/23 or R39/26,

                                 —

                                 or the preparation is in a package not exceeding 125 ml.

                           12.   Cements and cement preparations
                     The label on the packaging of cements and cement preparations containing more than 0,0002 % soluble chromium (VI) of the total dry weight of the cement must bear the inscription:
                     “Contains chromium (VI). May produce an allergic reaction”
                     unless the preparation is already classified and labelled as a sensitiser with phrase R43.
                     C.   For preparations not classified within the meaning of Articles 5, 6 and 7 but containing at least one dangerous substance
                     1.   Preparations not intended for the general public
                     The label on the packaging of preparations referred to in Article 14.2.1(b) must bear the following inscription:
                     “Safety data sheet available for professional user on request”.’

         (1)  In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.’

         (2)  In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.’


Avis juridique important

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31974L0561

Council Directive 74/561/EEC of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations

Official Journal L 308 , 19/11/1974 P. 0018 - 0022 Finnish special edition: Chapter 7 Volume 1 P. 0156  Greek special edition: Chapter 07 Volume 1 P. 0231  Swedish special edition: Chapter 7 Volume 1 P. 0156  Spanish special edition: Chapter 07 Volume 2 P. 0020  Portuguese special edition Chapter 07 Volume 2 P. 0020

COUNCIL DIRECTIVE  of 12 November 1974  on admission to the occupation of road haulage operator in national and international transport operations  (74/561/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 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 the organization of the transport market is one of the essential factors in the implementation of the common transport policy provided for in the Treaty;  Whereas the adoption of measures aimed at coordinating the conditions of admission to the occupation of haulage operator is likely to favour effective exercise of the right of establishment;  Whereas it is necessary to provide for the introduction of common rules for admission to the occupation of road haulage operator in national and international transport operations in order to ensure that road haulage operators are better qualified, thus contributing to rationalization of the market, improvement in the quality of the service provided, in the interests of users, operators and the economy as a whole, and to greater road safety;  Whereas, therefore, the rules for admission to the occupation of road haulage operator should cover the good repute, financial standing and professional competence of operators;  Whereas, however, it is not necessary to include in these common rules certain kinds of transport which are of limited economic importance;  Whereas transitional measures must be introduced to enable Member States to adapt their national rules to those of the Community;  Whereas the harmonization of conditions for applying these common rules requires that provision be made for a Community consultation procedure as regards the appropriate national measures to be taken,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Admission to the occupation of road haulage operator shall be governed by the provisions adopted by the Member States in accordance with the common rules contained in this Directive.  2. For the purposes of this Directive, "the occupation of road haulage operator" means the activity of any natural person or any undertaking transporting goods for hire or reward by means of either a self-contained motor vehicle or a combination of coupled vehicles.  (1)OJ No C 72, 19.7.1968, p. 53. (2)OJ No C 49, 17.5.1968, p. 2.   For the purposes of this Directive, "undertaking" means any association or group of persons with or without legal personality, whether profit-making or not, or any official body whether having its own legal personality or being dependent upon an authority having such personality.   Article 2 1. This Directive shall not apply to natural persons or undertakings engaging in the occupation of road haulage operator by means of vehicles the permissible payload of which does not exceed 3.5 metric tons or the permissible total laden weight of which does not exceed six metric tons. Member States may, however, lower the said limits for all or some categories of transport operations.  2. Member States may, after consulting the Commission, exempt from the application of all or some of the provisions of this Directive natural persons or undertakings engaged exclusively in national transport operations having only a minor impact on the transport market because of:    - the nature of the goods carried, or       - the short distance involved.          Article 3 1. Natural persons or undertakings wishing to engage in the occupation of road haulage operator shall:    (a) be of good repute;       (b) be of appropriate financial standing;       (c) satisfy the condition as to professional competence.         Where the applicant is a natural person and does not satisfy provision (c), the competent authorities may nevertheless permit him to engage in the occupation of road haulage operator provided that he designates to the said authorities another person, satisfying provisions (a) and (c) above, who shall continuously and effectively manage the transport operations of the undertaking.  Where the applicant is an undertaking, provisions (a) and (c) above must be satisfied by one of the natural persons who will continuously and effectively manage the transport operations of the undertaking. Member States may also require that other persons in the undertaking satisfy provision (a) above.  2. Pending coordination at a later date, each Member State shall determine the provisions relating to good repute which must be satisfied by the applicant and, where appropriate, by the natural persons referred to in paragraph 1.  3. Appropriate financial standing shall consist in having available sufficient resources to ensure the launching and proper administration of the undertaking. Pending coordination at a later date, each Member State shall determine what provisions and what methods of furnishing proof may be adopted for this purpose.  4. The condition as to professional competence shall consist in the possession of skills in the subjects listed in the Annex and recognized by the authority or body designated for that purpose by each Member State. The necessary knowledge shall be acquired by attending courses, by practical experience in a transport undertaking or by a combination of both. Member States may exempt from the application of these provisions the holders of certain advanced diplomas or technical diplomas implying sound knowledge of the subjects listed in the Annex.  The production of a certificate issued by the authority or body referred to in the preceding subparagraph shall constitute proof of professional competence.   Article 4 1. Member States shall determine the circumstances in which a road haulage undertaking may, by way of derogation from Article 3 (1), be operated on a temporary basis for a maximum period of one year, with extension for a maximum period of six months, in duly justified special cases in the event of the death or physical or legal incapacity of the natural person engaged in the occupation of transport operator or of the natural person who satisfies the provisions of Article 3 (1) (a) and (c).  2. However, the competent authorities in the Member States may, by way of exception and in certain special cases, definitively authorize a person not fulfilling the condition of professional competence referred to in Article 3 (1) (c) to operate the transport undertaking provided that such person possesses at least three years'practical experience in the day-to-day management of the undertaking.   Article 5 1. Natural persons and undertakings furnishing proof that, before 1 January 1978, they were authorized under national regulations in a Member State to engage in the occupation of road haulage operator in national and/or international road transport operations shall be exempt from the requirement to furnish proof that they satisfy the provisions laid down in Article 3.  2. However, those natural persons who, after 31 December 1974 and before 1 January 1978, were:    - authorized to engage in the occupation of road haulage operator without having furnished proof, under national regulations, of their professional competence, or       - designated continuously and effectively to manage the transport operations of the undertaking,  must satisfy, before 1 January 1980, the condition of professional competence referred to in Article 3 (4).    The same requirement shall apply in the case referred to in the third subparagraph of Article 3 (1).   Article 6 1. Decisions taken by the competent authorities of the Member States pursuant to the measures adopted on the basis of this Directive and entailing the rejection of an application for admission to the occupation of road haulage operator shall state the grounds on which they are based.  2. Member States shall ensure that the competent authorities withdraw the authorization to pursue the occupation of haulage operator if they establish that the provisions of Article 3 (1) (a), (b) or (c) are no longer satisfied. In this case, however, they shall allow sufficient time for a substitute to be appointed.  3. With regard to the decisions referred to in paragraphs 1 and 2, Member States shall ensure that the natural persons or undertakings covered by this Directive are able to defend their interests by appropriate means.   Article 7 1. Member States shall, after consulting the Commission and before 1 January 1977, adopt the measures necessary for the implementation of this Directive, in particular Article 3 (4) thereof.  2. Member States shall ensure that the procedure for official verification of the skills mentioned in Article 3 (4) shall become operative for the first time before 1 January 1978.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 12 November 1974.  For the Council  The President  J. SAUVAGNARGUES     ANNEX LIST OF SUBJECTS REFERRED TO IN ARTICLE 3 (4)  The knowledge to be taken into consideration for the official recognition of professional competence must cover at least the subjects listed below. These must be described in full detail and have been worked out or approved by the competent national authorities. They must be so designed as to be within the grasp of those persons whose education corresponds to the level normally reached at school-leaving age.    A. SUBJECTS OF WHICH KNOWLEDGE IS REQUIRED FOR TRANSPORT OPERATORS INTENDING TO ENGAGE EXCLUSIVELY IN NATIONAL TRANSPORT OPERATIONS      1. Law  Elements of civil, commercial, social and fiscal law, as necessary for engaging in the occupation, with particular emphasis on:        - general contracts;               - transport contracts, with particular reference to the responsibility of the haulage operator (nature and limits);               - commercial companies;               - ledgers;               - regulations governing labour, social security;               - taxation systems.                          2. Business and financial management of an undertaking        - methods of payment and financing;               - costing;               - pricing and haulage terms;               - business accounts;               - insurance;               - invoicing;               - transport agents.                          3. Access to the market        - provisions relating to the taking up and pursuit of the occupation;               - transport documents.                          4. Technical standards and aspects of operation        - weight and dimensions of vehicles;               - vehicle selection;               - type-approval and registration;               - vehicle maintenance standards;               - loading and unloading of vehicles.                          5. Road safety      - laws, regulations and administrative provisions applicable to traffic;           - traffic safety;           - accident prevention and procedure in the event of an accident.                  B. SUBJECTS OF WHICH KNOWLEDGE IS REQUIRED FOR HAULAGE OPERATORS INTENDING TO ENGAGE IN INTERNATIONAL TRANSPORT    - subjects listed under A;       - provisions applicable to the transport of goods by road between Member States and between the Community and non-member countries arising out of national laws, Community standards, international conventions and agreements;       - customs practice and formalities;       - main traffic regulations in the Member States.


title: Council Directive 72/273/EEC of 20 July 1972 on aid to shipbuilding

text:
                                    Official Journal of the European Communities                                    749
 No L 169/28                        Official Journal of the European Communities                                27.7.72
                                                COUNCIL DIRECTIVE
                                                    of 20 July 1972
                                                 on aid to shipbuilding
                                                     (72/273 /EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        Whereas aids designed to improve export credit
                                                                conditions for ships are still granted in some
                                                               shipbuilding countries, the aim of existing OECD
Having regard to the Treaty establishing the                   understandings being solely to lay down for
European Economic Community, and in particular                  international transactions    maximum    credit  levels
 Articles 92 and 113 thereof;                                   above which aid may not be granted; whereas there
                                                               are forms of aid other than those relating to export
Having regard to the proposal from the Commission;             credit for ships which cause distortions in
                                                               competition on the world market;
Whereas the Council Directive of 28 July 19691 on
the grant of aids to shipbuilding to offset distortions        Whereas in these circumstances it is in the common
in competition on the world market has effectively             interest that aid to shipbuilding within             the
 helped to reduce and harmonize aids granted to                Community be maintained at a reduced level;
shipbuilding in the Community;
                                                               Whereas such aid will, furthermore, facilitate certain
Whereas that Directive should be reviewed in the               restructuring operations which have yet to be carried
light of the changes which have occurred in the                out within the Community shipbuilding industry;
world shipbuilding market since its adoption ;                 whereas these operations have been hindered by the
                                                               deterioration of the financial position of numerous
                                                               shipyards as a result of distortions in competition on
Whereas distortions in competition on the world                the world market;
shipbuilding market have recently been reduced,
principally through a series of understandings                 Whereas aids granted to shipbuilding should
concluded by the main shipbuilding countries within            nevertheless not affect trading conditions in a way
the framework of the OECD with the object of                   contrary to the common interest;
harmonizing export credit conditions for ships ;
                                                               Whereas it is in the interest of the Community to find
Whereas the Governments of many shipbuilding                   a solution both to the problem of any excess
countries are increasingly convinced that the                  production capacity that may arise in the
shipbuilding    industry    must    ultimately   operate       shipbuilding industry and to the problem of aid and
without aid;                                                   intervention significantly affecting, whether directly
                                                               or indirectly, conditions of competition and trade on
Whereas, furthermore,          shipbuilding in the             the shipbuilding and ship conversion market;
Community has shown a relative improvement
following an increase in demand and the first results          Whereas the Commission should without delay
of the restructuring of shipyards ;                            undertake, with the assistance of the Member States,
                                                               a study of the various factors responsible for the
                                                               imbalance of supply and demand on that market—
Whereas the Directive of 28 July 1969 should                   account being taken also of studies made by
therefore be revised so as to provide for a reduction          international organizations—and of all existing aids
in the aids granted to shipbuilding;                           and interventions, in order to determine the effect of
                                                               such aids and interventions on the conditions of
                                                               competition and trade; whereas the Commission will,
1 OJ No L 206, 15.8.1969, p. 25.                               on the basis of the results of this study, submit
 ---pagebreak--- 750                                  Official Journal of the European Communities
proposals to the Council for action to prevent supply           (b) other credit facilities for sales and conversions of
from developing in such a way as might jeopardize                    ships provided that the conditions referred to in
the required balance—without thereby prejudicing                      (a) are satisfied;
any decisions which the Council may choose to take
in the field of industrial policy—and will also                 (c) any form of aid or intervention coming within
submit a draft for a new directive designee! to                      Article 1, other than those specified under (a)
coordinate in the common interest all aids and                       and (b), the amount of which, subject to
intervention in respect of shipbuilding and ship                     exemption, does not exceed 5% of the relevant
conversion; whereas the Council should act on the                    contract price in 1972 and 4% of the contract
proposals from the Commission as soon as possible                    price in 1973 .
and in any event not later than 31 December 1973 ;
                                                                2. Grants exceeding the aforementioned ceilings
                                                                shall in the following cases be treated as exemptions
HAS ADOPTED THIS DIRECTIVE:
                                                                for the purposes of paragraph 1(c)
                                                                — where the excess is due to the operation of a
                          Article 1
                                                                    scheme of insurance against exceptional rises in
                                                                    costs ;
Aids and interventions to assist shipbuilding may be
considered compatible with the common market in                 — where the grant is to the Italian shipbuilding
so far as they satisfy the conditions set out in Articles           industry, provided that such grants , are
2 and 3 .                                                           progressively reduced at a rate at least equal to
                                                                    that indicated under (c), and there is at the same
                          Article 2                                 time put into operation a programme for the
                                                                     rationalization of Italian shipbuilding industry
                                                                    designed       to    make     the   industry  properly
Grants of aid and interventions may be made for the                 competitive at the European level not later than
following purposes :                                                the end of 1976 ;
(a) the building, in a shipyard of the Community, of            — where the excess is the result of indirect aid or
      metal-hulled sea-going vessels being any of the               intervention for the building or conversion of
      following:                                                     ships.
      — merchant vessels for the carriage of cargo
          and/or passengers of not less than 150 gross          3 . The contract price means the sale price fixed by
          registered tons;                                      contract, taking account of any price revision clause.
      — fishing vessels of not less than 150 gross
          registered tons ;                                     4. The Council, acting by a qualified majority on a
                                                                proposal from the Commission, shall modify this
      — dredgers of not less than 150 gross registered          Article as and when appropriate.
          tons ;
      — tugs of not less than 500 hp;
                                                                                Article 4
 (b) the conversion, in a shipyard of the Community,
      of metal-hulled sea-going vessels of not less than        The      Member      States  shall    communicate  to     the
      5000 gross registered tons, on condition that             Commission, in so far as is necessary, particulars of
      conversion operations entail radical alterations to       their rules governing aid and intervention for
      the cargo plan, the hull or the main propulsion           shipbuilding and ship conversion and of their
      system of such vessels.                                   procedures for applying such rules.
                                                                These rules and procedures must make it clear
                           Article 3                            whether the conditions laid down in Articles 2 and 3
                                                                have been complied with.
 1. ,   Aid   or intervention for the         building  or
 conversion of ships falling within Article 2 may                                           Article 5
 consist of :
 (a) export credit facilities in respect of ships,              The Member States shall refrain from any
      provided that such facilities satisfy the conditions       discriminatory practice calculated to favour within
      laid doyvn in the understanding on Export Credit           their national territories the building or conversion of
       for Ships contained in the Resolution of the              ships or the manufacture of products intended to
       Council of the OECD of 16 December 1970;                  form part of such ships.                             1 .
 ---pagebreak---                                       Official Journal of the European Communities                                    751
                          Article 6                                                      Article 7
On the entry into force of the Treaty concerning the             1.     This Directive shall apply until 31 December
Accession of the Kingdom of Denmark, Ireland, the                1973 .
Kingdom of Norway and the United Kingdom of
Great Britain and Northern Ireland to the European               2. The Commission shall as soon as possible
Economic Community and the European Atomic                       undertake a study of trends in supply and demand on
Energy Community:                                               the world shipbuilding market and of the overall
                                                                 effect of aids and interventions significantly affecting,
(a) the following temporary exceptions                  to       whether directly or indirectly, the conditions of
    subparagraph (a) of Article 2 shall apply :                 competition and trade on that market within the
                                                                 Community. It shall submit to the Council proposals
    — the minimum tonnage level for aid and                     based on the results of this study. The Council shall
          intervention in the United Kingdom of Great           act on these proposals, immediately if possible, but in
          Britain and Northern Ireland in respect of the        any event not later than the end of 1973 .
          aforementioned shipbuilding operations shall
          be 100 gross registered tons;                                                  Article 8
    — the minimum tonnage level for aid and
          intervention in the Kingdom of Norway in              This Directive is addressed to the Member States.
          respect of the construction of fishing vessels
          shall be 50 gross registered tons ;                   Done at Brussels, 20 July 1972.
(b) the following indent shall be added to Article 3
                                                                                For the Council
     (2):
                                                                                The President
    'where the grant is to the Irish shipbuilding
     industry.'                                                                                T. WESTERTERP