title: Directive 2013/38/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2009/16/EC on port State control  Text with EEA relevance

text:
               14.8.2013

               EN

               Official Journal of the European Union

               L 218/1

         DIRECTIVE 2013/38/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 12 August 2013
   amending Directive 2009/16/EC on port State control
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               On 23 February 2006, the International Labour Organisation (ILO) adopted the Maritime Labour Convention, 2006 (MLC 2006), desiring to create a single, coherent instrument embodying as far as possible all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour conventions.

               (2)

               Council Decision 2007/431/EC (3) authorised Member States, in the interests of the European Community, to ratify MLC 2006. Therefore, Member States should ratify it as soon as possible.

               (3)

               Member States, when performing port State control inspections in accordance with Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (4) in relation to matters covered by Conventions which they have not yet ratified and which stipulate that every ship is subject to control by officers duly authorised when in a port of another contracting State or Party, should make every effort to comply with procedures and practices under those Conventions and should thus refrain from making reports relevant to port State control to the International Maritime Organisation (IMO) and/or the ILO. Member States which have not yet ratified an international convention covered by Directive 2009/16/EC at the time of its entry into force should make every effort to establish similar conditions on board their ships in accordance with the requirements of that Convention.

               (4)

               In order to ensure a harmonised approach to the effective enforcement of international standards by Member States when performing both flag and port State control inspections and to avoid friction between international and Union law, Member States should aim at ratifying the Conventions by the date on which they enter into force, at least those parts thereof falling under Union competence.

               (5)

               MLC 2006 sets out maritime labour standards for all seafarers regardless of their nationality and of the flag of the ships on which they serve.

               (6)

               For the purposes of Directive 2009/16/EC, it is preferable, rather than the terms ‘seafarer’ and ‘crew’ being defined, that those terms be understood in each instance in accordance with the way in which they are defined or understood in the relevant international conventions. In particular, for any matters relating to the enforcement of MLC 2006, the term ‘crew’ should be understood as referring to ‘seafarer’ as defined in MLC 2006.

               (7)

               For any matters covered by this Directive relating to the enforcement of MLC 2006, including for ships for which the International Safety Management Code is not applicable, references in Directive 2009/16/EC to ‘company’ should be understood to mean ‘shipowner’ as defined by the relevant provision of MLC 2006, since the latter definition better fits the specific needs of MLC 2006.

               (8)

               A substantial part of the MLC 2006 standards is implemented within Union law by means of Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 (5) and Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) (6). Those MLC 2006 standards which fall within the scope of Directive 2009/13/EC or Directive 1999/63/EC are to be implemented by the Member States in line with those Directives.

               (9)

               As a matter of general principle, the measures adopted to give effect to this Directive should under no circumstances constitute grounds justifying a reduction by Member States in the general level of protection of seafarers on board ships flying the flag of a Member State under the applicable Union social law.

               (10)

               MLC 2006 contains enforcement provisions defining the responsibilities of States performing port State control obligations. In order to protect safety and to avoid distortions of competition, Member States should be allowed to verify compliance with the provisions of MLC 2006 by any ship calling at their ports and anchorages, irrespective of the State whose flag it flies.

               (11)

               Port State control is governed by Directive 2009/16/EC, which should include MLC 2006 among the Conventions the implementation of which is verified by Member States’ authorities in their ports.

               (12)

               Member States, when performing port State control inspections in accordance with Directive 2009/16/EC, should take into account the provisions of MLC 2006 which stipulate that the maritime labour certificate and the declaration of maritime labour compliance are to be accepted as prima facie evidence of compliance with the requirements of MLC 2006.

               (13)

               The law of the Union should also reflect the procedures set out in MLC 2006 with regard to the handling of onshore complaints relating to the matters dealt with in MLC 2006.

               (14)

               In order to ensure uniform conditions for the implementation of Directive 2009/16/EC, implementing powers should be conferred on the Commission. The Commission should be entitled to adopt implementing acts: to implement a methodology for the consideration of generic risk parameters relating in particular to the flag State criteria and company performance criteria; to ensure uniform conditions for the scope of expanded inspections, including the risk areas to be covered; to ensure uniform application of the procedures for the control and security checks of ships; to set up a harmonised electronic format for the reporting of complaints related to MLC 2006; to implement harmonised procedures for the reporting of apparent anomalies by pilots and port authorities or bodies and of follow-up actions taken by Member States; and to establish the detailed arrangements for publication of information on companies with a low and very low performance, the criteria for aggregating the relevant data and the frequency of updates. This is a highly technical exercise to be carried out in the framework of the principles and criteria which have been established by that Directive. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (7).

               (15)

               Implementing acts relating to the methodology for the consideration of generic risk parameters concerning in particular the flag State criteria and company performance criteria, to the reports from pilots and port authorities or bodies, including harmonised procedures for the reporting of apparent anomalies by pilots and port authorities or bodies and of follow-up actions taken by Member States, and to the detailed arrangements for the publication of information on companies with a low or very low performance, should not be adopted by the Commission where the committee referred to in this Directive delivers no opinion on the draft implementing act presented by the Commission.

               (16)

               When establishing implementing rules, the Commission should specifically take into account the expertise and experience gained with the inspection system in the Union and build upon the expertise of the Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982, in its up-to-date version (‘Paris MOU’).

               (17)

               The implementing rules, including references to Paris MOU instructions and guidelines, should not compromise the exercise of the professional judgment of inspectors or of the competent authority and the flexibility provided for in Directive 2009/16/EC.

               (18)

               The inspection database referred to in Directive 2009/16/EC should be adapted and developed in line with the amendments introduced by this Directive or changes adopted within the context of the Paris MOU.

               (19)

               The Paris MOU seeks to eliminate the operation of sub-standard ships through a harmonised system of port State control, comprising coordinated inspection of ships calling at ports, including Member States’ ports, in the Paris MOU Region. Those inspections are aimed at verifying that ships meet international safety, security and environmental standards, and that seafarers have adequate living and working conditions, in conformity with the international conventions in force. When inspections are carried out and when reference is made to Paris MOU instructions and guidelines, account should be taken of the fact that those instructions and guidelines are developed and adopted to ensure consistency and to guide inspections with a view to facilitating the greatest possible degree of convergence.

               (20)

               The inspection of on-board living and working conditions of seafarers and of their training and qualifications, to verify that these comply with the requirements of MLC 2006, requires the necessary level of training for inspectors. The European Maritime Safety Agency and Member States should promote the issue of training for inspectors for the purposes of reviewing compliance with MLC 2006.

               (21)

               In order to allow the Commission to update the relevant procedures swiftly, thereby contributing to the achievement of a global level playing field for shipping, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to Annex VI to Directive 2009/16/EC containing the list of the ‘Instructions’ adopted by the Paris MOU, with a view to keeping the procedures applicable and enforceable in the territory of the Member States, in line with those agreed upon at international level and in compliance with the relevant Conventions. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

               (22)

               Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

               (23)

               Directive 2009/16/EC should therefore be amended accordingly.

               (24)

               According to Article VIII, MLC 2006 is to come into force 12 months after the date on which there have been registered ratifications by at least 30 Members of the ILO with a total share in the world gross tonnage of ships of 33 per cent. This condition was fulfilled on 20 August 2012, and MLC 2006 enters into force on 20 August 2013.

               (25)

               This Directive should enter into force on the same date as MLC 2006,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments to Directive 2009/16/EC
   Directive 2009/16/EC is hereby amended as follows:

               (1)

               Article 2 is amended as follows:

                           (a)

                           point 1 is amended as follows:

                                       (i)

                                       point (g) is deleted;

                                       (ii)

                                       the following points are added:

                                                   ‘(i)

                                                   the Maritime Labour Convention, 2006 (MLC 2006);

                                                   (j)

                                                   the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (AFS 2001);

                                                   (k)

                                                   the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunkers Convention, 2001).’;

                           (b)

                           the following points are added:

                                       ‘23.

                                       ‘Maritime labour certificate’ means the certificate referred to in Regulation 5.1.3 of MLC 2006.

                                       24.

                                       ‘Declaration of maritime labour compliance’ means the declaration referred to in Regulation 5.1.3 of MLC 2006.’;

                           (c)

                           the following paragraph is added:
                           ‘All the references in this Directive to the Conventions, international codes and resolutions, including for certificates and other documents, shall be deemed to be references to those Conventions, international codes and resolutions in their up-to-date versions.’.

               (2)

               Article 3 is amended as follows:

                           (a)

                           paragraph 3 is replaced by the following:
                           ‘3.   When inspecting a ship flying the flag of a State which is not a party to a Convention, Member States shall ensure that the treatment of that ship and its crew is not more favourable than that of a ship flying the flag of a State party to that Convention. Such ship shall be subject to a more detailed inspection in accordance with procedures established by the Paris MOU.’;

                           (b)

                           the following paragraph is added:
                           ‘5.   Measures adopted to give effect to this Directive shall not lead to a reduction in the general level of protection of seafarers under Union social law in the areas to which this Directive applies, as compared to the situation which already prevails in each Member State. In implementing those measures, if the competent authority of the port State becomes aware of a clear violation of Union law on board ships flying the flag of a Member State, it shall, in accordance with national law and practice, forthwith inform any other relevant competent authority in order for further action to be taken as appropriate.’.

               (3)

               In Article 8, paragraph 4 is deleted.

               (4)

               In Article 10, paragraph 3 is replaced by the following:
               ‘3.   Implementing powers shall be conferred on the Commission to implement a methodology for the consideration of generic risk parameters relating in particular to the flag State criteria and company performance criteria. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3).’.

               (5)

               In Article 14, paragraph 4 is replaced by the following:
               ‘4.   The scope of an expanded inspection, including the risk areas to be covered, is set out in Annex VII. The Commission may adopt detailed measures to ensure uniform conditions for the application of Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3).’.

               (6)

               In Article 15, paragraph 4 is replaced by the following:
               ‘4.   The Commission may adopt detailed measures to ensure uniform application of the procedures referred to in paragraph 1 and of the security checks referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3).’.

               (7)

               In Article 17, the following paragraphs are added:
               ‘Where, following a more detailed inspection, the living and working conditions on the ship are found not to conform to the requirements of MLC 2006, the inspector shall forthwith bring the deficiencies to the attention of the master of the ship, with required deadlines for their rectification.
               In the event that the inspector considers such deficiencies to be significant, or if they relate to a possible complaint under point 19 of Part A of Annex V, the inspector shall also bring the deficiencies to the attention of the appropriate seafarers’ and shipowners’ organisations in the Member State in which the inspection is carried out, and may:

                           (a)

                           notify a representative of the flag State;

                           (b)

                           provide the competent authorities of the next port of call with the relevant information.

                     In respect of matters concerning MLC 2006, the Member State in which the inspection is carried out shall have the right to transmit a copy of the inspector’s report, to be accompanied by any reply received from the competent authorities of the flag State within the prescribed deadline, to the Director-General of the International Labour Office with a view to such action as may be considered appropriate and expedient in order to ensure that a record is kept of such information and that it is brought to the attention of parties who might be interested in availing themselves of relevant recourse procedures.’.

               (8)

               In Article 18, the fourth paragraph is replaced by the following:
               ‘The identity of the complainant shall not be revealed to the master or the shipowner of the ship concerned. The inspector shall take appropriate steps to safeguard the confidentiality of complaints made by seafarers, including ensuring confidentiality during any interviews of seafarers.’.

               (9)

               The following Article is inserted:
               ‘Article 18a
               Onshore MLC 2006 complaint-handling procedures
               1.   A complaint by a seafarer alleging a breach of the requirements of MLC 2006 (including seafarers’ rights) may be reported to an inspector in the port at which the seafarer’s ship has called. In such cases, the inspector shall undertake an initial investigation.
               2.   Where appropriate, given the nature of the complaint, the initial investigation shall include consideration of whether the on-board complaint procedures provided for under Regulation 5.1.5 of MLC 2006 have been pursued. The inspector may also conduct a more detailed inspection in accordance with Article 13 of this Directive.
               3.   The inspector shall, where appropriate, seek to promote a resolution of the complaint at the ship-board level.
               4.   In the event that the investigation or the inspection reveals a non-conformity that falls within the scope of Article 19, that Article shall apply.
               5.   Where paragraph 4 does not apply and a complaint by a seafarer related to matters covered by MLC 2006 has not been resolved at the ship-board level, the inspector shall forthwith notify the flag State, seeking, within a prescribed deadline, advice and a corrective plan of action to be submitted by the flag State. A report of any inspection carried out shall be transmitted by electronic means to the inspection database referred to in Article 24.
               6.   Where the complaint has not been resolved following action taken in accordance with paragraph 5, the port State shall transmit a copy of the inspector’s report to the Director-General of the International Labour Office. The report shall be accompanied by any reply received within the prescribed deadline from the competent authority of the flag State. The appropriate seafarers’ and shipowners’ organisations in the port State shall be similarly informed. In addition, statistics and information regarding complaints that have been resolved shall be regularly submitted by the port State to the Director-General of the International Labour Office.
               Such submissions are provided in order that, on the basis of such action as may be considered appropriate and expedient, a record is kept of such information and brought to the attention of parties, including seafarers’ and shipowners’ organisations, which might be interested in availing themselves of relevant recourse procedures.
               7.   In order to ensure uniform conditions for the implementation of this Article, implementing powers shall be conferred on the Commission regarding the setting-up of a harmonised electronic format and procedure for the reporting of follow-up actions taken by Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3).
               8.   This Article shall be without prejudice to Article 18. The fourth paragraph of Article 18 shall also apply to complaints relating to matters covered by MLC 2006.’.

               (10)

               Article 19 is amended as follows:

                           (a)

                           The following paragraph is inserted:
                           ‘2a.   In the case of living and working conditions on board which are clearly hazardous to the safety, health or security of seafarers or deficiencies which constitute a serious or repeated breach of MLC 2006 requirements (including seafarers’ rights), the competent authority of the port State where the ship is being inspected shall ensure that the ship is detained or that the operation in the course of which the deficiencies are revealed is stopped.
                           The detention order or stoppage of an operation shall not be lifted until those deficiencies have been rectified or if the competent authority has accepted a plan of action to rectify those deficiencies and it is satisfied that the plan will be implemented in an expeditious manner. Prior to accepting a plan of action, the inspector may consult the flag State.’;

                           (b)

                           paragraph 6 is replaced by the following:
                           ‘6.   In the event of detention, the competent authority shall immediately inform, in writing and including the report of inspection, the flag State administration or, when this is not possible, the Consul or, in his absence, the nearest diplomatic representative of that State, of all the circumstances in which intervention was deemed necessary. In addition, nominated surveyors or recognised organisations responsible for the issue of classification certificates or statutory certificates in accordance with Conventions shall also be notified where relevant. Moreover, if a ship is prevented from sailing due to serious or repeated breach of the requirements of MLC 2006 (including seafarers’ rights) or due to the living and working conditions on board being clearly hazardous to the safety, health or security of seafarers, the competent authority shall forthwith notify the flag State accordingly and invite a representative of the flag State to be present, if possible, requesting the flag State to reply within a prescribed deadline. The competent authority shall also inform forthwith the appropriate seafarers’ and shipowners’ organisations in the port State in which the inspection was carried out.’.

               (11)

               In Article 23, paragraph 5 is replaced by the following:
               ‘5.   Implementing powers shall be conferred on the Commission to adopt measures for the implementation of this Article, including harmonised procedures for the reporting of apparent anomalies by pilots and port authorities or bodies and of follow-up actions taken by Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3).’.

               (12)

               In Article 27, the second paragraph is replaced by the following:
               ‘Implementing powers shall be conferred on the Commission to establish the detailed arrangements for publication of the information referred to in the first paragraph, the criteria for aggregating the relevant data and the frequency of updates. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3).’.

               (13)

               The following Articles are inserted:
               ‘Article 30a
               Delegated acts
               The Commission shall be empowered to adopt delegated acts in accordance with Article 30b, concerning amendments to Annex VI, in order to add to the list set out in that Annex further instructions relating to port State control adopted by the Paris MOU Organisation.
               Article 30b
               Exercise of the delegation
               1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
               2.   The power to adopt delegated acts referred to in Article 30a shall be conferred on the Commission for a period of five years from 20 August 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
               3.   The delegation of power referred to in Article 30a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
               4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
               5.   A delegated act adopted pursuant to Article 30a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’.

               (14)

               Article 31 is replaced by the following:
               ‘Article 31
               Committee
               1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and the Council (8). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
               2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
               Where the committee delivers no opinion on a draft implementing act to be adopted pursuant to Articles 10(3), 23(5) and the second paragraph of Article 27 respectively, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

               (15)

               Article 32 is deleted.

               (16)

               Article 33 is replaced by the following:
               ‘Article 33
               Implementing rules
               When establishing the implementing rules referred to in Articles 10(3), 14(4), 15(4), 18a(7), 23(5) and 27 in accordance with the procedures referred to in Article 31(3), the Commission shall take specific care that those rules take into account the expertise and experience gained with the inspection system in the Union and build upon the expertise of the Paris MOU.’.

               (17)

               In Annex I, Part II, point 2B is amended as follows:

                           (a)

                           the fifth indent is replaced by the following:

                                       ‘—

                                       Ships which have been the subject of a report or complaint, including an onshore complaint, by the master, a crew member, or any person or organisation with a legitimate interest in the safe operation of the ship, on-board living and working conditions or the prevention of pollution, unless the Member State concerned deems the report or complaint to be manifestly unfounded.’;

                           (b)

                           the following indent is added:

                                       ‘—

                                       Ships for which a plan of action to rectify deficiencies as referred to in Article 19(2a) has been agreed but in respect of which the implementation of that plan has not been checked by an inspector.’.

               (18)

               Annex IV is amended as follows:

                           (a)

                           points 14, 15 and 16 are replaced by the following:

                                       ‘14.

                                       Medical certificates (see MLC 2006).

                                       15.

                                       Table of shipboard working arrangements (see MLC 2006 and STCW 78/95).

                                       16.

                                       Records of hours of work and rest of seafarers (see MLC 2006).’;

                           (b)

                           the following points are added:

                                       ‘45.

                                       Maritime labour certificate.

                                       46.

                                       Declaration of maritime labour compliance, parts I and II.

                                       47.

                                       International Anti-Fouling System Certificate.

                                       48.

                                       Certificate of insurance or other financial security in respect of civil liability for bunker oil pollution damage.’.

               (19)

               In Annex V, Part A, the following points are added:

                           ‘16.

                           The documents required under MLC 2006 are not produced or maintained or are falsely maintained or the documents produced do not contain the information required by MLC 2006 or are otherwise invalid.

                           17.

                           The living and working conditions on the ship do not conform to the requirements of MLC 2006.

                           18.

                           There are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with MLC 2006.

                           19.

                           There is a complaint alleging that specific living and working conditions on the ship do not conform to the requirements of MLC 2006.’.

               (20)

               In Annex X, point 3.10 is amended as follows:

                           (a)

                           the title is replaced by the following:
                           ‘Areas under MLC 2006’;

                           (b)

                           the following points are added:

                                       ‘8.

                                       The conditions on board are clearly hazardous to the safety, health or security of seafarers.

                                       9.

                                       The non-conformity constitutes a serious or repeated breach of the requirements of MLC 2006 (including seafarer’s rights) relating to the living and working conditions of seafarers on the ship, as stipulated in the ship’s maritime labour certificate and declaration of maritime labour compliance.’.

         Article 2
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 November 2014. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
   Article 3
   Entry into force
   This Directive shall enter into force on 20 August 2013, the date of entry into force of MLC 2006.
   Article 4
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 12 August 2013.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ C 299, 4.10.2012, p. 153.

      (2)  Position of the European Parliament of 2 July 2013 (not yet published in the Official Journal) and decision of the Council of 22 July 2013.

      (3)  OJ L 161, 22.6.2007, p. 63.

      (4)  OJ L 131, 28.5.2009, p. 57.

      (5)  OJ L 124, 20.5.2009, p. 30.

      (6)  OJ L 167, 2.7.1999, p. 33.

      (7)  OJ L 55, 28.2.2011, p. 13.

      (8)  OJ L 324, 29.11.2002, p. 1.’.


title: Commission Directive 2006/127/EC of 7 December 2006 amending Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species   (Text with EEA relevance)

text:
               8.12.2006

               EN

               Official Journal of the European Union

               L 343/82

         COMMISSION DIRECTIVE 2006/127/EC
   of 7 December 2006
   amending Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (1), and in particular Article 7(2)(a) and (b) thereof,
   Whereas:

               (1)

               Commission Directive 2003/91/EC (2) was adopted to ensure that the varieties the Member States include in their national catalogues comply with the guidelines established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties the Directive provides that guidelines of the International Union for Protection of new Varieties of Plants (UPOV) are to apply.

               (2)

               The CPVO and UPOV have since issued further guidelines for a number of other species, and have updated existing ones.

               (3)

               The scope of Directive 2002/55/EC has been extended in order to cover new species.

               (4)

               Directive 2003/91/EC should therefore be amended accordingly.

               (5)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes I and II to Directive 2003/91/EC are replaced by the text in the Annex to this Directive.
   Article 2
   For examinations started before 1 July 2007 Member States may decide to apply Directive 2003/91/EC in the version applying before its amendment by the present Directive.
   Article 3
   Member States shall adopt and publish, by 30 June 2007 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 July 2007.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 4
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 7 December 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 193, 20.7.2002, p. 33. Directive as last amended by Directive 2004/117/EC (OJ L 14, 18.1.2005, p. 18).

      (2)  OJ L 254, 8.10.2003, p. 11.

      ANNEX
      ‘
            ANNEX I
            List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols

                        Scientific name

                        Common name

                        CPVO protocol

                           Allium cepa L. (Cepa group)

                        Onion and Echalion

                        TP 46/1 of 14.6.2005

                           Allium cepa L. (Aggregatum group)

                        Shallot

                        TP 46/1 of 14.6.2005

                           Allium porrum L.

                        Leek

                        TP 85/1 of 15.11.2001

                           Allium sativum L.

                        Garlic

                        TP 162/1 of 25.3.2004

                           Asparagus officinalis L.

                        Asparagus

                        TP 130/1 of 27.3.2002

                           Brassica oleracea L.

                        Cauliflower

                        TP 45/1 of 15.11.2001

                           Brassica oleracea L.

                        Sprouting Broccoli or Calabrese

                        TP 151/1 of 27.3.2002

                           Brassica oleracea L.

                        Brussels sprouts

                        TP 54/2 of 1.12.2005

                           Brassica oleracea L.

                        Kohlrabi

                        TP 65/1 of 25.3.2004

                           Brassica oleracea L.

                        Savoy cabbage, White cabbage and Red cabbage

                        TP 48/2 of 1.12.2005

                           Capsicum annuum L.

                        Chilli or Pepper

                        TP 76/1 of 27.3.2002

                           Cichorium endivia L.

                        Curled-leaved endive and Plain-leaved endive

                        TP 118/2 of 1.12.2005

                           Cichorium intybus L.

                        Industrial chicory

                        TP 172/2 of 1.12.2005

                           Cichorium intybus L.

                        Witloof chicory

                        TP 173/1 of 25.3.2004

                           Cucumis melo L.

                        Melon

                        TP 104/1 of 27.3.2002

                           Cucumis sativus L.

                        Cucumber and Gherkin

                        TP 61/1 of 27.3.2002

                           Cucurbita pepo L.

                        Marrow or Courgette

                        TP 119/1 of 25.3.2004

                           Cynara cardunculus L.

                        Globe artichoke and Cardoon

                        TP 184/1 of 25.3.2004

                           Daucus carota L.

                        Carrot and Fodder carrot

                        TP 49/2 of 1.12.2005

                           Foeniculum vulgare Mill.

                        Fennel

                        TP 183/1 of 25.3.2004

                           Lactuca sativa L.

                        Lettuce

                        TP 13/2 of 1.12.2005

                           Lycopersicon esculentum Mill.

                        Tomato

                        TP 44/2 of 15.11.2001

                           Phaseolus vulgaris L.

                        Dwarf French bean and Climbing French bean

                        TP 12/2 of 1.12.2005

                           Pisum sativum L. (partim)

                        Wrinkled pea, Round pea and Sugar pea

                        TP 07/1 of 6.11.2003

                           Raphanus sativus L.

                        Radish

                        TP 64/1 of 27.3.2002

                           Spinacia oleracea L.

                        Spinach

                        TP 55/1 of 27.3.2002

                           Valerianella locusta (L.) Laterr.

                        Corn salad or Lamb’s lettuce

                        TP 75/1 of 27.3.2002

                           Vicia faba L. (partim)

                        Broad bean

                        TP Broadbean/1 of 25.3.2004

                           Zea mays L. (partim)

                        Sweetcorn and Popcorn

                        TP 2/2 of 15.11.2001

                  The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).

            ANNEX II
            List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines

                        Scientific name

                        Common name

                        UPOV guideline

                           Allium fistulosum L.

                        Japanese bunching onion or Welsh onion

                        TG/161/3 of 1.4.1998

                           Allium schoenoprasum L.

                        Chives

                        TG/198/1 of 9.4.2003

                           Apium graveolens L.

                        Celery

                        TG/82/4 of 17.4.2002

                           Apium graveolens L.

                        Celeriac

                        TG/74/4 corr. of 17.4.2002 + 5.4.2006

                           Beta vulgaris L.

                        Spinach beet or Chard

                        TG/106/4 of 31.3.2004

                           Beta vulgaris L.

                        Beetroot including Cheltenham beet

                        TG/60/6 of 18.10.1996

                           Brassica oleracea L.

                        Curly kale

                        TG/90/6 of 31.3.2004

                           Brassica rapa L.

                        Chinese cabbage

                        TG/105/4 of 9.4.2003

                           Brassica rapa L.

                        Turnip

                        TG/37/10 of 4.4.2001

                           Cichorium intybus L.

                        Large-leaved chicory or Italian chicory

                        TG/154/3 of 18.10.1996

                           Citrullus lanatus (Thunb.) Matsum. et Nakai

                        Watermelon

                        TG/142/4 of 31.3.2004

                           Cucurbita maxima Duchesne

                        Gourd

                        TG/155/3 of 18.10.1996

                           Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                        Parsley

                        TG/136/5 of 6.4.2005

                           Phaseolus coccineus L.

                        Runner bean

                        TG/9/5 of 9.4.2003

                           Raphanus sativus L.

                        Black radish

                        TG/63/6 of 24.3.1999

                           Rheum rhabarbarum L.

                        Rhubarb

                        TG/62/6 of 24.3.1999

                           Scorzonera hispanica L.

                        Scorzonera or Black salsify

                        TG/116/3 of 21.10.1988

                           Solanum melongena L.

                        Aubergine or Eggplant

                        TG/117/4 of 17.4.2002

                  The text of these guidelines can be found on the UPOV web site (www.upov.int).
         ’


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31986L0364

Council Directive 86/364/EEC of 24 July 1986 relating to proof of compliance of vehicles with Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles

Official Journal L 221 , 07/08/1986 P. 0048 - 0050 Finnish special edition: Chapter 7 Volume 3 P. 0142  Swedish special edition: Chapter 7 Volume 3 P. 0142

*****COUNCIL  DIRECTIVE  of 24 July 1986  relating to proof of compliance of vehicles with Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles  (86/364/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 85/3/EEC of 19 December 1984 on the weights, dimensions and certain other technical characteristics of certain road vehicles (1), and in particular Article 5 thereof,  Having regard to the proposal from the Commission,  Whereas Article 5 of Directive 85/3/EEC provides for the adoption, of detailed provisions on proof of compliance of vehicles with the provisions of that Directive;  Whereas Council Directive 76/114/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment (2), as amended by Commission Directive 78/507/EEC (3), already provides for such proof of compliance in the form of the manufacturer's plate; whereas that plate must be supplemented by a plate bearing vehicle dimensions also established and attached in accordance with Directive 76/114/EEC;  Whereas the form and content of these two plates as well as the provisions of their mutual recognition by Member States as prescribed in those two Directives and in this Directive offer sufficient information and guarantees to the competent authorities for the control of the requirements of Directive 85/3/EEC as regards vehicles at the time of manufacture;  Whereas provision should be made that proof of compliance may also be furnished either by a single plate established and attached in accordance with Directive 76/114/EEC and containing the information on the two abovementioned plates, or by a single document issued by the competent authority of the Member State where the vehicle is registered or put into circulation bearing the same headings and information as those appearing on the said plates;  Whereas where the vehicle characteristics no longer correspond to those entered on the proof of compliance, the Member State in which the vehicle is registered should take the necessary measures to ensure that the proof of compliance is amended;  Whereas it may be useful to show on the abovementioned plate(s) or document the maximum vehicle weights authorized by national legislation in a Member State which differ from those provided for by Directive 85/3/EEC and the technically permissible weights,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. Member States shall take the necessary measures to ensure that the vehicles referred to in Article 2 of Directive 85/3/EEC and complying with that Directive carry one of the proofs referred to in (a), (b) and (c):  (a) a combination of the following two plates:  - the 'manufacturer's plate' established and attached in accordance with Directive 76/114/EEC,  - the plate relating to dimensions, in accordance with the Annex and established and attached in accordance with Directive 76/114/EEC;  (b) a single plate established and attached in accordance with Directive 76/114/EEC and containing the information on the two plates referred to in (a);  (c) a single document issued by the competent authorities of the Member State in which the vehicle is registered or put into circulation. Such document shall bear the same headings and information as the plates referred to in (a). It shall be kept in a place easily accessible to inspection and shall be adequately protected.  2. If the characteristics of the vehicle no longer correspond to those indicated on the proof of compliance, the Member State in which the vehicle is registered shall take the necessary steps to ensure that the proof of compliance is altered.  3. The plates and documents referred to in paragraph 1 shall be recognized by the Member States as the proof of vehicle compliance provided for in Article 5 of Directive 85/3/EEC.  4. Vehicles carrying proof of compliance may be subject:  - as regards common standards on weights, to random checks,  - as regards common standards on dimensions, only to checks where there is a suspicion of non-compliance with Directive 85/3/EEC.  Article 2  1. The middle column of the proof of compliance relating to weights shall contain, where appropriate, the Community weight standards applicable to the vehicle in question.  As regards vehicles referred to in section 2.2.2 (c) of Annex I of Directive 85/3/EEC, the entry '(44 tonnes)' shall be included in brackets under the maximum authorized weight of the combined vehicle.  2. Each Member State may decide, in respect of any vehicle registered or put into circulation in its territory, that the maximum weights authorized by its national legislation shall be indicated in the proof of compliance in the left-hand column and the technically permissible weights indicated in the right-hand column.  Article 3  Member States shall take the measures necessary to comply with this Directive wihin one year at the latest following its notification (1). They shall forthwith inform the Commission thereof.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 24 July 1986.  For the Council  The President  A. CLARK  (1) OJ No L 2, 3. 1. 1985, p. 14.  (2) OJ No L 24, 30. 1. 1976, p. 1.  (3) OJ No L 155, 13. 6. 1978, p. 31.  (1) This Directive was notified to the Member States on the 29 July 1986.  ANNEX  Plate relating to dimensions referred to in Article 1 (1) (a)  I. The plate relating to dimensions, as far as possible affixed next to the plate referred to in Directive 76/114/EEC, must contain the following data:  1. Name of the manufacturer (1);  2. Vehicle identification number (1);  3. Length of the motor vehicle, trailer or semi-trailer (L);  4. Width of the motor vehicle, trailer or semi-trailer (W);  5. Data for the measurement of the length of combined vehicles:  - the distance (a) between the front of the motor vehicle and the centre of the coupling device (coupling hook or fifth wheel); in the case of a fifth wheel with several coupling points, the minimum and maximum values must be given (amin and amax),  - the distance (b) between the centre of the coupling device of the trailer (fifth wheel ring) or of the semi-trailer (kingpin) and the rear of the trailer or of the semi-trailer; in the case of a device with several coupling points, the minimum and maximum values must be given (bmin and bmax).  The length of combined vehicles is the length of the motor vehicle and trailer or semi-trailer placed in a straight line behind each other.  II. The values given on the proof of compliance shall incorporate exactly the measures carried out directly on the vehicle.  (1) These data must not be repeated where the vehicle carries a single plate containing data on both weights and dimensions.


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32000L0015

Directive 2000/15/EC of the European Parliament and the Council of 10 April 2000 amending Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine

Official Journal L 105 , 03/05/2000 P. 0034 - 0035

Directive 2000/15/EC of the European Parliament and the Councilof 10 April 2000amending Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swineTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Both Directive 64/432/EEC(4) and Council Regulation (EC) No 820/97 of 21 April 1997 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(5) refer to the creation of computer databases, for bovine and porcine animals, to store information on animals and their movements.(2) The appropriate implementation of functional national databases for recording the movements of porcine animals must be ensured,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 64/432/EEC is hereby amended as follows:1. in Article 14(3)(c)(3), the third subparagraph shall be replaced by the following:"However, only points 2, 3 and 4 shall be applicable to porcine animals.";2. the following point shall be added to Article 14(3)(c):"4. In order to ensure the operation of the national computer databases concerning porcine animals, appropriate rules of application, including the information that the national databases must contain, shall be adopted in accordance with the procedure laid down in Article 17.";3. Article 18 shall be replaced by the following:"Article 18Those Member States which have not introduced an approved surveillance network system shall ensure that a computer database complying with the provisions laid down in Article 14 is fully operational as follows:(a) for bovine animals, from 31 December 1999;(b) for a register of holdings of porcine animals, complying with the provisions laid down in Article 14(3)(c)(2) from 31 December 2000;(c) for movements of porcine animals, complying with the provisions laid down in Article 14(3)(c)(3):- from their holding of birth, by 31 December 2001,- from all other holdings, by 31 December 2002.There shall be an entry in the database for each separate movement of porcine animals. The entry shall comprise at least the following: the number of porcine animals being moved, the identification number of the holding or herd of departure, the identification number of the holding or herd of arrival and the departure and arrival dates.".Article 21. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Luxembourg, 10 April 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Gama(1) OJ C 100, 2.4.1998, p. 23.(2) OJ C 235, 27.7.1998, p. 59.(3) Opinion of the European Parliament of 16 June 1998 (OJ C 210, 6.7.1998, p. 30) confirmed on 16 September 1999, Council common position of 24 January 2000 (OJ C 83, 22.3.2000, p. 84) and decision of the European Parliament of 15 March 2000.(4) OJ 121, 29.7.1964, p. 1977/64. Directive amended and updated by Council Directive 97/12/EC (OJ L 109, 25.4.1997, p. 1) and last amended by Council Directive 98/99/EC (OJ L 358, 31.12.1998, p. 107).(5) OJ L 117, 7.5.1997, p. 1.