Avis juridique important

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31988L0661

Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species

Official Journal L 382 , 31/12/1988 P. 0036 - 0038 Finnish special edition: Chapter 3 Volume 28 P. 0096  Swedish special edition: Chapter 3 Volume 28 P. 0096

COUNCIL DIRECTIVE of 19 December on the zootechnical standards applicable to breeding animals of the porcine species (88/661/EEC)    THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),   Having regard to the opinion of the European Parliament (2),   Having regard to the opinion of the Economic and Social Committee (3),   Whereas the breeding and production of animals of the porcine species occupy a very important place in Community agriculture; whereas they may be a source of income for part of the agricultural population;  Whereas production of animals of the porcine species should be encouraged; whereas satisfactory results in this field depend to a large extent on the use of pure-bred or hybrid breeding animals;  Whereas most Member States have hitherto endeavoured, as part of their national breeding policies, to promote the production of livestock meeting specific zootechnical standards; whereas the existence of disparities in the implementation of these policies may hinder intra-Community trade;   Whereas, if these disparities are to be removed, thereby increasing agricultural productivity in this sector, intra-Community trade in all breeding pigs must be progressively liberalized; whereas the total liberalization of trade presupposes subsequent further harmonization, in particular with regard to approval for breeding and criteria governing entry in herd-books or registers;  Whereas it must be possible for Member States to require certificates drawn up in accordance with a Community procedure to be presented;  Whereas implementing measures should be taken; whereas, for the application of such measures, a procedure should be laid down establishing close cooperation between Member States and the Commission within the Standing Committee on Zootechnics set up by the Council by Decision 77/505/EEC (4)    Whereas, pending further Community decisions, Member States may continue to apply their national provisions in accordance with the general rules laid down in the Treaty;  Whereas it must be ensured that breeding pigs cannot be imported from non-member countries subject to conditions which are more favourable than those applied within the Community;  Whereas, bearing in mind the special conditions obtaining in Spain and Portugal, provision should be made for a further time limit for the implementation of this Directive,  HAS ADOPTED THIS DIRECTIVE:    CHAPTER I  Definitions  Article 1   For the purposes of this Directive, the following definitions shall apply:   (a) pure-bred breeding pig: any animal of the porcine species, the parents and grandparents of which are entered or registered in a herd-book of the same breed and which is itself entered or registered and eligible for entry in such a herd-book:  (b) hybrid breeding pig: any animal of the porcine species which fulfils the following criteria:  1. it is produced by deliberate cross-breeding:   - between pure-bred breeding pigs of different breeds or lines,   - between animals which are themselves the outcome of a cross between different breeds or lines,  - or between pure-bred animals and animals belonging to one or other of the above categories;  2. it must be entered in a register;   (c) herd-book: any book, file or data medium:   - which is maintained either by a breeders' association officially approved by the Member State in which that association is established or by an official service of the Member State in question,  Member States may, however, also provide that it be maintained by a breeding organization officially approved by the Member State in which that organization is established,  - in which pure-bred breeding pigs of a specified breed are entered or registered with mention of their ancestors;  (d) register: any book, file or data medium:   - which is maintained either by a breeders' association, a breeding organization or a private undertaking officially approved by the Member State in which that association, organization or undertaking is established, or by an official service of the  Member State in question,   - in which hybrid breeding pigs are entered with mention of their ancestors.   CHAPTER II  Rules governing intra-Community trade in pure-bred breeding pigs  Article 2   1. Member States may not prohibit, restrict or impede on zootechnical grounds:   - intra-Community trade in pure-bred breeding pigs or in their semen, ova and embryos,  - the establishment of herd-books, provided that they meet the conditions laid down pursuant to Article 6,  - the official approval of breeders' associations or breeding organizations as referred to in Article 1(c), which establish or maintain herd-books in accordance with Article 6.  2. However, Member States may continue to apply their national provisions which comply with the general rules of the Treaty pending the entry into force of therelevant Community decisions referred to in Articles 3, 5 and 6.  Article 3   The Council, acting by a qualified majority on a proposal from the Commission, shall adopt by not later than 31 December 1990 Community provisions for the approval of pure-bred breeding pigs for breeding.  Article 4   1. Breeders' associations and/or breeding organizations as referred to in Article 1 (c) which are officially approved by a Member State and/or the official service of a Member State may not oppose the entry in their herd-books of pure-bred breeding pigs from other Member States, provided that they satisfy the requirements laid down in accordance with Article 6.  2. However, Member States may require or allow certain pure-bred breeding pigs dispatched from another Member State and having specific characteristics distinguishing them from the population of the same breed in the Member State of destination to be entered in a separate section of the herd-book for the breed to which they belong.   Article 5   Member States may require pure-bred breeding pigs and the semen, ova and embryos of such animals to be accompanied at the time of their marketing by certificates drawn up in accordance with Article 6.  Article 6   I. The following shall be determined in accordance with the procedure laid down in Article 11:  - methods for monitoring performance and assessing the genetic value of pure-bred breeding pigs,  - the criteria governing the establishment of herd-books,   - the criteria governing entry in herd-books,   - the criteria for approval and supervision of breeders' associations and/or breeding organizations as referred to in Article 1(c) which establish or maintain herd-books,  - the certificate mentioned in Article 5.   2. Pending entry into force of the provisions provided for in paragraph 1, the monitoring referred to in the first indent of paragraph 1 officially carried out in each Member State and the herd-books shall be recognized by the other Member States.  CHAPTER III  Rules governing intra-Community trade in hybrid breeding pigs  Article 7   1. Member States may not prohibit, restrict or impede on zootechnical grounds:   - intra-Community trade in hybrid breeding pigs or the semen, ova and embryos of such animals,  - the establishment of registers, provided that they meet the conditions laid down pursuant to Article 10,  - the official approval of breeders' associations and/or breeding organizations and/or private undertakings as referred to in Article I(d) which establish or maintain registers in accordance with Article 10.  2. However, Member States may continue to apply their national provisions which comply with the general rules of  the Treaty pending the entry into force of the relevant Community decisions referred to in Articles 8, 9 and 10.  Article 8   The Council acting by a qualified majority on a proposal from the Commission shall, not later than 31 December 1990, adopt Community provisions for the approvalof hybrid breeding pigs for breeding.  Article 9   Member States may require hybrid breeding pigs and the semen, ova and embryos of such animals to be accompanied at the time of their marketing by certificates drawn up in accordance with Article 10.  Article 10   1. The following shall be determined in accordance with the procedure laid down in Article 11:  - methods for monitoring performance and assessing the genetic value of hybrid breeding pigs,  - the criteria governing the establishment of registers,   - the criteria governing entry in registers,   - the criteria governing the approval and moniroring of breeders' associations and breeding organizations and/or private undertakings as referred to in Article 1(d), establishing or maintaining registers,  - the certificate mentioned in Article 9.   2. Pending entry into force of the provisions provided for in paragraph I, the monitoring referred to in the first indent of paragraph 1 officially carried out in each Member State and the registers shall be recognized by the other Member States.  CHAPTER IV  General provisions  Article 11   1. Where the procedure laid down in this Article is to be used, matters shall without delay be referred by the chairman, either on his own initiative or at the request of a Member State, to the Standing Committee on Zootechnics (hereinafter  referred to as 'the committee') set up by Decision 77/505/EEC.   2. Within the Committee the votes of Member States shall be weighted as provided for in Article 148(2) of the Treaty. The chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be adopted. The committee shall deliver its opinion on such measures with in at ime limit set by the chairman according to the urgency of the matters concerned. Opinions  shall be delivered by a majority of 54 votes.   4. The Commission shall adopt the measures and apply them immediately where they are in accordance with the opinion of the committee.  If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted.  The Council shall adopt the measures by a qualified majority. If, within three months from the date on which the proposal was submitted to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately.   Article 12   Pending the implementation of Community rules on the subject, the zootechnical conditions applicable to imports of pure-bred and hybrid breeding pigs from third countries must not be more favourable than those governing intra-Community trade.   Article 13   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1991. They shall forthwith inform the Commission thereof.  However the Kingdom of Spain and the Portuguese Republic shall dispose of a further period of two years within which to comply with this Directive, except in cases where the Council, acting by a qualified majority on a proposal from the Commission, decides to extend that derogation.   Article 14   This Directive is addressed to the Member States.    Done at Brussels, 19 Dec     (1) OJ No C 44, 21. 2. 1980, p. 12.  (2) OJ No C 147, 16. 6. 1980, p. 3.  (3) OJ No C 182, 21. 7. 1980, p. 5.  (4) OJ No L 206, 12. 8. 1977, p. 11.


title: Commission Directive 2014/38/EU of 10 March 2014 amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council as far as noise pollution is concerned  Text with EEA relevance

text:
               11.3.2014

               EN

               Official Journal of the European Union

               L 70/20

      COMMISSION DIRECTIVE 2014/38/EU
   of 10 March 2014
   amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council as far as noise pollution is concerned
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 30(3) thereof,
   Whereas:

               (1)

               More stringent national requirements relating to noise of new and upgraded rolling stock should be avoided as this would negatively affect interoperability of the railway system. Therefore Commission Decisions 2008/232/EC (2) and 2011/229/EU (3) adopted under Directive 2008/57/EC set maximum levels of noise for new high-speed and conventional rolling stock.

               (2)

               Point 1.4.4 of Annex III of Directive 2008/57/EC provides that operation of the rail system must respect existing regulations on noise pollution. This essential requirement is necessary to specify the basic noise parameters as set out in points 4.2.1, 4.2.2 and 4.2.3 of the Annex to Decision 2011/229/EU and in points 4.2.6.5.2, 4.2.6.5.3, 4.2.6.5.4 and 4.2.7.6 of the Annex to Decision 2008/232/EC.

               (3)

               Point 1.4.4 of Annex III to Directive 2008/57/EC refers to existing regulations which are not further specified. Therefore, in order to avoid ambiguity and stipulate the intended general objective of this Directive in relation to noise, that point should be amended.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Committee established pursuant to Article 29(1) of Directive 2008/57/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Point 1.4.4 of Annex III to Directive 2008/57/EC is replaced by the following:

                  ‘1.4.4.

                  The design and operation of the rail system must not lead to an inadmissible level of noise generated by it:

                              —

                              in areas close to railway infrastructure, as defined in Article 3 of Directive 2012/34/EU, and

                              —

                              in the driver’s cab.’.

   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2015 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   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.
   3.   The obligations for transposition and implementation of this Directive shall not apply to the Republic of Cyprus and the Republic of Malta for as long as no railway system is established within their territories.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 10 March 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 191, 18.7.2008, p. 1.

      (2)  Commission Decision 2008/232/EC of 21 February 2008 concerning a technical specification for interoperability relating to the rolling stock sub-system of the trans-European high-speed rail system (OJ L 84, 26.3.2008, p. 132).

      (3)  Commission Decision 2011/229/EU of 4 April 2011 concerning the technical specifications of interoperability relating to the subsystem ‘rolling stock – noise’ of the trans-European conventional rail system (OJ L 99, 13.4.2011, p. 1).


Avis juridique important

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31971L0347

Council Directive 71/347/EEC of 12 October 1971 on the approximation of the laws of the Member States relating to the measuring of the standard mass per storage volume of grain

Official Journal L 239 , 25/10/1971 P. 0001 - 0008 Finnish special edition: Chapter 13 Volume 2 P. 0075  Danish special edition: Series I Chapter 1971(III) P. 0757  Swedish special edition: Chapter 13 Volume 2 P. 0075  English special edition: Series I Chapter 1971(III) P. 0852  Greek special edition: Chapter 13 Volume 1 P. 0214  Spanish special edition: Chapter 13 Volume 2 P. 0091  Portuguese special edition Chapter 13 Volume 2 P. 0091

COUNCIL DIRECTIVE  of 12 October 1971  on the approximation of the laws of the Member States relating to the measuring of the standard mass per storage volume of grain  (71/347/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 1;  Having regard to the Opinion of the Economic and Social Committee 2;  Whereas the instruments and methods used in the Member States to measure the standard mass per storage volume of grain are different and directly affect the functioning of the common market ; whereas approximation of the laws in this field will facilitate trade not only in grain but also in measuring instruments;  Whereas for this purpose it is advisable to define a particular characteristic, designated the "EEC standard mass per storage volume", and to lay down the technical requirements which must be satisfied by the standard instruments used to determine this reference value;  Whereas measuring instruments whose accuracy is defined in relation to that of standard instruments and which have been subjected to the controls provided for in the Council Directive of 26 July 1971 3 on the approximation of the laws of the Member States relating to provisions for both measuring instruments and methods of metrological control give sufficient guarantees to justify their legal use in all the Member States ; whereas these measuring instruments can consequently be marketed throughout the Community;  Whereas it is necessary, with respect to trade between Member States, to prohibit measurement of the standard mass per storage volume of grain according to the various provisions and practices at present applicable in the Community ; whereas the exclusive and compulsory use of the EEC standard mass per storage volume in all Member States will prevent disputes in intra-Community trade about this method of measurement;  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive concerns:    (a) the definition of the characteristic of grain designated "masse à l'hectolitre CEE", "EEG natuurgewicht", "EWG-Schüttdichte", "peso ettolitrico CEE" (EEC standard mass per storage volume);       (b) the requirements for the technical construction and utilisation of the reference standard instrument used to determine the EEC standard mass per storage volume;       (c) the conditions which must be fulfilled by the working instruments used to measure the EEC standard mass per storage volume.          Article 2 1. The EEC standard mass per storage volume is the ratio of the mass expressed in kilogrammes to the volume expressed in hectolitres, as determined for any kind of grain by measurement with an  1OJ No C 63, 28.5.1969, p. 27. 2OJ No C 4, 14.1.1969, p. 4. 3OJ No L 202, 6.9.1971, p. 1.   instrument and according to a method which are in conformity with the provisions of this Directive.  2. The "reference" EEC standard mass per storage volume is the EEC standard mass per storage volume as determined by measurement with a standard Community or national instrument constructed and used in accordance with Chapters I and II of Annex I.  3. The reference EEC standard mass per storage volume is expressed in kilogrammes per hectolitre to two decimal places.   Article 3 1. The Community standard instrument shall be deposited with the Metrology Service of the Federal Republic of Germany. At least every ten years, national standard instruments shall, in conformity with Annex I, be checked against the Community standard instrument and adjusted accordingly by means of a transportable standard instrument of the same type.  2. A transportable standard instrument is an instrument without a weighing device, but otherwise having exactly the same characteristics as the Community and national standard instruments.   Article 4 1. For trading purposes, the term EEC standard mass per storage volume may only be used to designate a grain characteristics which has been measured with instruments conforming to the requirements of this Directive.  2. For the purposes of trade in grain between the Member States, the characteristic designated standard mass per storage volume may only be the EEC standard mass per storage volume which is defined above.   Article 5 The measuring instruments used for trading purposes to determine the EEC standard mass per storage volume of grain shall fulfil the requirements of Annex II.  They shall be subject to EEC pattern-approval and to EEC initial verification.  They shall be constructed and used in accordance with the conditions specified in the EEC pattern-approval certificate.  They shall bear EEC marks and symbols.   Article 6 No Member State may refuse, prohibit or restrict the placing on the market or the entry into service of measuring instruments used to determine the EEC standard mass per storage volume, where such instruments bear the EEC pattern-approval symbol and the EEC initial-verification mark.   Article 7 1. Member States shall put into force the laws, regulations or administrative provisions needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 8 This Directive is addressed to the Member States.     Done at Luxembourg, 12 October 1971.  For the Council  The President  L. VIGLIANESI     ANNEX I STANDARD INSTRUMENTS USED TO MEASURE THE EEC STANDARD MASS PER STORAGE VOLUME OF GRAIN   I. CONSTRUCTION REQUIREMENTS    1. Standard instruments consist of a capacity measure, a filling device, a scraper device, a weighing device and a filling container.  All parts of the instruments shall be constructed soundly and carefully ; all surfaces coming into contact with the grain shall be smooth and made of a virtually stable metal, e.g. brass, stainless steel, sufficiently thick to keep its shape during normal use.       2. Capacity measure      2.1. The capacity measure is in the form of an upright, circular cylinder ; its upper edge is ground flat along a plane perpendicular to its axis.           2.2. During the filling operation the capacity measure is always in the same position under the filling device.           2.3. Above the capacity measure, when in the filling position, a filling ring is affixed which is mounted along the same axis and has the same internal diameter as the capacity measure, the scraper blade moves with a slight clearance between these two components.                  3. Filling device      3.1. The filling device consists of a filling hopper equipped with a closing device and a regulating device.           3.2. The filling hopper is in the form of a truncated cone to which is attached an upper cylindrical part and a lower tapered discharge nozzle equipped with a closing device.           3.3. The filling hopper is fixed in such a way that in the filling position its axis is vertical and coincides with that of the capacity measure.           3.4. The regulating device has a closely specified profile. It projects downwards into the lower discharge nozzle and its position is adjustable in the vertical direction. Its axis coincides with that of the filling hopper.                  4. Scraper device      4.1. The scraper device consists of a scraper blade, a guide and a traction device.           4.2. The scraper blade is flat, horizontal and keeps its shape during use.           4.3. The guide constrains the scraper blade to move between the lower rim of the filling ring and the upper rim of the capacity measure.           4.4. The traction device sets the scraper blade in continuous movement through the grain.           4.5. After filling and weighing the capacity measure, the excess grain on the scraper blade in the filling ring is collected in a container.                  5. Weighing device      5.1. The capacity measure, filled with grain, is weighed on an equal arm balance of 50 kg capacity.           5.2. The mass of the weights platform of the balance balances the empty capacity measure.                  6. General assembly      6.1. The various parts of the instrument, apart from the capacity measure and the balance, are fixed on a frame in such a way that the upper rim of the capacity measure, in the filling position, is horizontal.            6.2. The frame of the instrument is equipped with a plumb line at least 500 mm long, or with a spirit level. These devices must be between the reference marks when the upper rim of the capacity measure, in the filling position, is horizontal.                  7. Dimensions of the various components >PIC FILE= "T0011021">        8. Figure  The standard instrument is shown in the attached diagram           II. OPERATING INSTRUCTIONS The grain to be measured shall be free of impurities and at approximately ambient temperature. It shall be air-dried, i.e. in hygroscopic equilibrium with the ambient air. For this purpose it is spread out in a thin layer and left undisturbed for about ten hours before being transferred. The relative humidity of the ambient air shall not exceed 60 %.   The standard mass per storage volume depends on the quantity of grain used and the way it is transferred to the filling hopper. For this reason, the following procedure should be followed:  Place capacity measure 1 (see attached diagram) in the filling position so that its axis coincides with that of the filling ring 2 and the filling hopper 3, and move the lever 15 so as to lock the said measure in this position by the locking rod 16. Move the scraper blade 9 to its starting position and lock it in position with the lever 12. Use the foot screws 19 to adjust the frame 20, so that the upper rim of the capacity measure 1 is in a horizontal plane during filling.  24 litres of grain are now put into the filling container (not shown in the diagram) and tipped into the filling hopper 3 after it has been checked that the closing device 4 of the tapered discharge nozzle 8 is in the closed position. Then draw the bolt 5 to open the closing device 4 (which is then held open by the catch 6), and let the grain flow into the capacity measure 1 standing on the carriage 14. This flow is protected against external influences by the collar 2a. The support 14a prevents deformation of the rails along which the rollers of the carriage 14 travel.  The excess grain (approximately 4 litres) that has been fed into the hopper 3 in order to ensure even filling of the capacity measure 1 is retained in the filling ring 2 after the measure is completely filled. To separate this excess from the contents of the capacity measure 1, open the bolt 12 which pivots on a spindle fixed on the crosspiece 11, in order to release the scraper blade 9. The front edge of the scraper blade 9, which is actuated by the traction weight 13, is sufficiently sharp to cut off any grains on the rim of the capacity measure 1 which might prevent regular scraping. When the scraper blade 9 reaches its final position, use the lever 15 to withdraw the capacity measure 1 standing on the carriage 14, remove the measure from this carriage, place it on the scales and weigh its contents to within ± 5 g.  Pull back the scraper blade 9 to its starting position, so that the excess grain lying on this blade falls into the container 17 ; any stray grains are guided into the container by the jacket 18. After releasing the catch 6 by turning the handwheel 4a, shut the closing device 4.  If another measurement has to be made on the same sample, the grain from the capacity measure should be thoroughly mixed with that from the container.  To obtain the standard mass per storage volume in kg/hl, divide by 0 72 hl the value N indicated by the weighing device.   III. CHECKING AND ADJUSTING    1. Dimensions and volumes  The dimensions and volumes given under item 1 77 are checked with instruments of suitable accuracy.       2. Checking of functioning  National standard instruments shall be checked against the Community standard instrument and adjusted accordingly by means of a transportable standard instrument.      2.1. For the purposes of this check pure Manitoba wheat whose grains are approximately spherical is used. It shall have a standard mass per storage volume of not less than 80 kg/hl and shall be in hygroscopic equilibrium with the ambient air. Six measuring operations are made in accordance with the instructions of item II. If P denotes the standard instrument to be checked and N the EEC standard instrument, the measurements are made as follows: >PIC FILE= "T0011022">         2.1.1. The differences between the separate values given by P and their mean value may not exceed = 10 g.               2.1.2. The error of the instrument is the difference between the mean value of the six readings given by P and the mean value of the six readings given by N. The maximum permissible error is = 10 g.               2.1.3. If the maximum permissible errors specified in items 2.1.1 or 2.1.2 are exceeded, this may be because the grain is still not sufficiently homogeneous ; it  must therefore be left spread out for about another ten hours in the measuring place, after which the check described in item 2.1 is repeated.               2.1.4. If only the maximum permissible error specified in item 2.1.2 is exceeded, the instrument must be adjusted.  The readings provided by the instrument can be altered by moving the regulation device 7 to a higher or lower position.  The regulating device 7 is moved and the check described in item 2.1 is repeated.                                 3. Weighing device      3.1. For loads between 10 and 20 kg, the error of the balance must not exceed ± 0 701 % of the load.           3.2. The sum of the errors in the weights used must not exceed ± 0 702 % of their nominal mass.    Legend on attached drawing  >PIC FILE= "T0011023">   >PIC FILE= "T0011024">      ANNEX II MEASURING INSTRUMENTS USED TO DETERMINE THE EEC STANDARD MASS PER STORAGE VOLUME OF GRAIN    1. The measuring instruments used to determine the EEC standard mass per storage volume of grain have the following characteristics:      (a) they are designed and manufactured so as to ensure satisfactory repeatability and reproducibility of measurements;           (b) the maximum permissible error of the standard mass per storage volume is plus or minus five-thousandths of the result given by a standard instrument;           (c) the maximum permissible relative error on the capacity of the container used is plus or minus two-thousandths;           (d) the maximum permissible relative error of the weighing instrument for the quantity weighed is plus or minus one-thousandth;           (e) the difference between each result obtained for a specific grain and the mean value of the standard mass per storage volume as determined from six consecutive measurements is not more than plus or minus three-thousandths of such mean value.                  2. Each instrument has a clearly visible inscription plate bearing in legible and indelible letters the following information:      (a) the EEC pattern approval symbol;           (b) the identification mark or name of the manufacturer;           (c) the manufacturer's description, if any;           (d) an identification number and the year of manufacture;           (e) the nominal capacity of the capacity measure and either the operating instructions or a reference to the operating instructions.


title: Directive 2011/17/EU of the European Parliament and of the Council of 9 March 2011 repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC and 86/217/EEC regarding metrology  Text with EEA relevance

text:
               18.3.2011

               EN

               Official Journal of the European Union

               L 71/1

         DIRECTIVE 2011/17/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 9 March 2011
   repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC and 86/217/EEC regarding metrology
   (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 114 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               Union policies on better regulation stress the importance of simplification of national and Union legislation as a crucial element in improving the competitiveness of enterprises and achieving the objectives of the Lisbon Agenda.

               (2)

               A number of measuring instruments are covered by specific Directives adopted on the basis of Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (3), which was recast by Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009 relating to common provisions for both measuring instruments and methods of metrological control (4).

               (3)

               Council Directives 71/317/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to 5 to 50 kilogramme medium accuracy rectangular bar weights and 1 to 10 kilogramme medium accuracy cylindrical weights (5), 71/347/EEC of 12 October 1971 on the approximation of the laws of the Member States relating to the measuring of the standard mass per storage volume of grain (6), 71/349/EEC of 12 October 1971 on the approximation of the laws of the Member States relating to the calibration of the tanks of vessels (7), 74/148/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to weights of from 1 mg to 50 kg of above-medium accuracy (8), 75/33/EEC of 17 December 1974 on the approximation of the laws of the Member States relating to cold-water meters (9), 76/765/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to alcoholometers and alcohol hydrometers (10), 86/217/EEC of 26 May 1986 on the approximation of the laws of the Member States relating to tyre pressure gauges for motor vehicles (11), adopted on the basis of Directive 71/316/EEC, are technically outdated, do not reflect the state of the art in measurement technology or concern instruments which are not subject to technological development and which are increasingly less in use. Furthermore, national provisions are allowed to exist alongside Union provisions.

               (4)

               While Council Directive 76/766/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to alcohol tables (12) provides for a total harmonisation, most of its content is included in the Union regulations on alcohol measurement of wines and spirit drinks, namely Commission Regulation (EEC) No 2676/90 of 17 September 1990 determining Community methods for the analysis of wines (13) and Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying down Community reference methods for the analysis of spirit drinks (14). The international standards for alcohol tables are identical to those provided for in Directive 76/766/EEC and they can continue to be the basis for national regulation.

               (5)

               Technical progress and innovation with regard to measuring instruments covered by the Directives being repealed will be ensured in practice either by the voluntary application of the international and European standards which have been developed or by the application of national provisions laying down technical specifications based on such standards or, in line with the principles of better law-making, by including additional provisions in Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments (15). Furthermore, the free movement within the internal market of all products concerned by the Directives being repealed is ensured by the satisfactory application of Articles 34, 35 and 36 of the Treaty on the Functioning of the European Union and of the mutual recognition principle.

               (6)

               Nevertheless, with a view to the forthcoming review of Directive 2004/22/EC, it is appropriate to set the date of repeal for seven of the Directives sufficiently far in advance to enable the European Parliament and the Council to take a different view in the context of any revision of Directive 2004/22/EC.

               (7)

               Directive 71/349/EEC should be repealed.

               (8)

               While Directives 71/317/EEC, 71/347/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC and 86/217/EEC should also be repealed as soon as possible, they should be repealed only after an assessment as to whether the measuring instruments falling within the scope of those Directives should be included within the scope of Directive 2004/22/EC. The Commission should carry out such an assessment in parallel with its report on the implementation of Directive 2004/22/EC. In the context of that assessment, the date set for the repeal of those Directives could be brought forward, with a view to ensuring consistency in the legislative action of the Union in the field of measuring instruments. In any event, repeal of those Directives should take effect not later than 1 December 2015.

               (9)

               The repeal of the Directives should not lead to any new barriers to the free movement of goods or to additional administrative burdens.

               (10)

               The repeal of the Directives should not affect existing EC pattern approvals and EC pattern approval certificates until the end of their validity.

               (11)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (16), Member States are encouraged to draw up, for themselves and in the interests of the Union, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Without prejudice to Article 6(1), Directive 71/349/EEC is repealed with effect from 1 July 2011.
   Article 2
   Subject to Article 4 and without prejudice to Article 6(2), Directives 71/347/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC and 86/217/EEC are repealed with effect from 1 December 2015.
   Article 3
   Subject to Article 4 and without prejudice to Article 6(3), Directives 71/317/EEC and 74/148/EEC are repealed with effect from 1 December 2015.
   Article 4
   By 30 April 2011, the Commission shall, on the basis of reports provided by the Member States, evaluate whether the measuring instruments falling within the scope of the Directives referred to in Articles 2 and 3 need to be included in the scope of Directive 2004/22/EC and whether the transitional measures and date set for repeal of those Directives need to be adjusted accordingly. The Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal to that effect.
   Article 5
   1.   Member States shall adopt and publish, by 30 June 2011, the laws, regulations and administrative provisions necessary to comply with Article 1. They shall forthwith communicate to the Commission the text of those measures.
   They shall apply those measures from 1 July 2011.
   When Member States adopt those measures, 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 adopt and publish, by 30 November 2015, the laws, regulations and administrative provisions necessary to comply with Articles 2 and 3. They shall forthwith communicate to the Commission the text of those measures.
   They shall apply those measures from 1 December 2015.
   When Member States adopt those measures, 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.
   3.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 6
   1.   EC initial verifications carried out and calibration certificates issued until 30 June 2011 under Directive 71/349/EEC shall remain valid.
   2.   EC pattern approvals and EC pattern approval certificates issued until 30 November 2015 under the Directives 71/347/EEC, 75/33/EEC, 76/765/EEC and 86/217/EEC shall remain valid.
   3.   Weights in conformity with Directive 71/317/EEC and weights in conformity with Directive 74/148/EEC may be subject to EC initial verification in accordance with Articles 8, 9 and 10 of Directive 2009/34/EC until 30 November 2025.
   Article 7
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 8
   This Directive is addressed to the Member States.

      Done at Strasbourg, 9 March 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         GYŐRI E.

      (1)  OJ C 277, 17.11.2009, p. 49.

      (2)  Position of the European Parliament of 15 December 2010 (not yet published in the Official Journal) and decision of the Council of 21 February 2011.

      (3)  OJ L 202, 6.9.1971, p. 1.

      (4)  OJ L 106, 28.4.2009, p. 7.

      (5)  OJ L 202, 6.9.1971, p. 14.

      (6)  OJ L 239, 25.10.1971, p. 1.

      (7)  OJ L 239, 25.10.1971, p. 15.

      (8)  OJ L 84, 28.3.1974, p. 3.

      (9)  OJ L 14, 20.1.1975, p. 1.

      (10)  OJ L 262, 27.9.1976, p. 143.

      (11)  OJ L 152, 6.6.1986, p. 48.

      (12)  OJ L 262, 27.9.1976, p. 149.

      (13)  OJ L 272, 3.10.1990, p. 1.

      (14)  OJ L 333, 29.12.2000, p. 20.

      (15)  OJ L 135, 30.4.2004, p. 1.

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


Avis juridique important

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31997L0066

Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector

Official Journal L 024 , 30/01/1998 P. 0001 - 0008

DIRECTIVE 97/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sectorTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 6 November 1997,(1) Whereas 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 (4) requires Member States to ensure the rights and freedoms of natural persons with regard to the processing of personal data, and in particular their right to privacy, in order to ensure the free flow of personal data in the Community;(2) Whereas confidentiality of communications is guaranteed in accordance with the international instruments relating to human rights (in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms) and the constitutions of the Member States;(3) Whereas currently in the Community new advanced digital technologies are introduced in public telecommunications networks, which give rise to specific requirements concerning the protection of personal data and privacy of the user; whereas the development of the information society is characterised by the introduction of new telecommunications services; whereas the successful cross-border development of these services, such as video-on-demand, interactive television, is partly dependent on the confidence of the users that their privacy will not be at risk;(4) Whereas this is the case, in particular, with the introduction of the Integrated Services Digital Network (ISDN) and digital mobile networks;(5) Whereas the Council, in its Resolution of 30 June 1988 on the development of the common market for telecommunications services and equipment up to 1992 (5), called for steps to be taken to protect personal data, in order to create an appropriate environment for the future development of telecommunications in the Community; whereas the Council re-emphasised the importance of the protection of personal data and privacy in its Resolution of 18 July 1989 on the strengthening of the coordination for the introduction of the Integrated Services Digital Network (ISDN) in the European Community up to 1992 (6);(6) Whereas the European Parliament has underlined the importance of the protection of personal data and privacy in the telecommunications networks, in particular with regard to the introduction of the Integrated Services Digital Network (ISDN);(7) Whereas, in the case of public telecommunications networks, specific legal, regulatory, and technical provisions must be made in order to protect fundamental rights and freedoms of natural persons and legitimate interests of legal persons, in particular with regard to the increasing risk connected with automated storage and processing of data relating to subscribers and users;(8) Whereas legal, regulatory, and technical provisions adopted by the Member States concerning the protection of personal data, privacy and the legitimate interest of legal persons, in the telecommunications sector, must be harmonised in order to avoid obstacles to the internal market for telecommunications in conformity with the objective set out in Article 7a of the Treaty; whereas the harmonisation is limited to requirements that are necessary to guarantee that the promotion and development of new telecommunications services and networks between Member States will not be hindered;(9) Whereas the Member States, providers and users concerned, together with the competent Community bodies, should cooperate in introducing and developing the relevant technologies where this is necessary to apply the guarantees provided for by the provisions of this Directive.(10) Whereas these new services include interactive television and video on demand;(11) Whereas, in the telecommunications sector, in particular for all matters concerning protection of fundamental rights and freedoms, which are not specifically covered by the provisions of this Directive, including the obligations on the controller and the rights of individuals, Directive 95/46/EC applies; whereas Directive 95/46/EC applies to non-publicly available telecommunications services;(12) Whereas this Directive, similarly to what is provided for by Article 3 of Directive 95/46/EC, does not address issues of protection of fundamental rights and freedoms related to activities which are not governed by Community law; whereas it is for Member States to take such measures as they consider necessary for the protection of public security, defence, State security (including the economic well-being of the State when the activities relate to State security matters) and the enforcement of criminal law; whereas this Directive shall not affect the ability of Member States to carry out lawful interception of telecommunications, for any of these purposes;(13) Whereas subscribers of a publicly available telecommunications service may be natural or legal persons; whereas the provisions of this Directive are aimed to protect, by supplementing Directive 95/46/EC, the fundamental rights of natural persons and particularly their right to privacy, as well as the legitimate interests of legal persons; whereas these provisions may in no case entail an obligation for Member States to extend the application of Directive 95/46/EC to the protection of the legitimate interests of legal persons; whereas this protection is ensured within the framework of the applicable Community and national legislation;(14) Whereas the application of certain requirements relating to presentation and restriction of calling and connected line identification and to automatic call forwarding to subscriber lines connected to analogue exchanges must not be made mandatory in specific cases where such application would prove to be technically impossible or would require a disproportionate economic effort; whereas it is important for interested parties to be informed of such cases and the Member States should therefore notify them to the Commission;(15) Whereas service providers must take appropriate measures to safeguard the security of their services, if necessary in conjunction with the provider of the network, and inform subscribers of any special risks of a breach of the security of the network; whereas security is appraised in the light of the provision of Article 17 of Directive 95/46/EC;(16) Whereas measures must be taken to prevent the unauthorised access to communications in order to protect the confidentiality of communications by means of public telecommunications networks and publicly available telecommunications services; whereas national legislation in some Member States only prohibits intentional unauthorized access to communications;(17) Whereas the data relating to subscribers processed to establish calls contain information on the private life of natural persons and concern the right to respect for their correspondence or concern the legitimate interests of legal persons; whereas such data may only be stored to the extent that is necessary for the provision of the service for the purpose of billing and for interconnection payments, and for a limited time; whereas any further processing which the provider of the publicly available telecommunications services may want to perform for the marketing of its own telecommunications services may only be allowed if the subscriber has agreed to this on the basis of accurate and full information given by the provider of the publicly available telecommunications services about the types of further processing he intends to perform;(18) Whereas the introduction of itemized bills has improved the possibilities for the subscriber to verify the correctness of the fees charged by the service provider; whereas, at the same time, it may jeopardise the privacy of the users of publicly available telecommunications services; whereas therefore, in order to preserve the privacy of the user, Member States must encourage the development of telecommunications service options such as alternative payment facilities which allow anonymous or strictly private access to publicly available telecommunications services, for example calling cards and facilities for payment by credit card; whereas, alternatively, Member States may, for the same purpose, require the deletion of a certain number of digits from the called numbers mentioned in itemized bills;(19) Whereas it is necessary, as regards calling line identification, to protect the right of the calling party to withhold the presentation of the identification of the line from which the call is being made and the right of the called party to reject calls from unidentified lines; whereas it is justified to override the elimination of calling line identification presentation in specific cases; whereas certain subscribers, in particular helplines and similar organizations, have an interest in guaranteeing the anonymity of their callers; whereas it is necessary, as regards connected line identification, to protect the right and the legitimate interest of the called party to withhold the presentation of the identification of the line to which the calling party is actually connected, in particular in the case of forwarded calls; whereas the providers of publicly available telecommunications services must inform their subscribers of the existence of calling and connected line identification in the network and of all services which are offered on the basis of calling and connected line identification and about the privacy options which are available; whereas this will allow the subscribers to make an informed choice about the privacy facilities they may want to use; whereas the privacy options which are offered on a per-line basis do not necessarily have to be available as an automatic network service but may be obtainable through a simple request to the provider of the publicly available telecommunications service;(20) Whereas safeguards must be provided for subscribers against the nuisance which may be caused by automatic call forwarding by others; whereas, in such cases, it must be possible for subscribers to stop the forwarded calls being passed on to their terminals by simple request to the provider of the publicly available telecommunications service;(21) Whereas directories are widely distributed and publicly available; whereas the right to privacy of natural persons and the legitimate interest of legal persons require that subscribers are able to determine the extent to which their personal data are published in a directory; whereas Member States may limit this possibility to subscribers who are natural persons;(22) Whereas safeguards must be provided for subscribers against intrusion into their privacy by means of unsolicited calls and telefaxes; whereas Member States may limit such safeguards to subscribers who are natural persons;(23) Whereas it is necessary to ensure that the introduction of technical features of telecommunications equipment for data protection purposes is harmonised in order to be compatible with the implementation of the internal market;(24) Whereas in particular, similarly to what is provided for by Article 13 of Directive 95/46/EC, Member States can restrict the scope of subscribers' obligations and rights in certain circumstances, for example by ensuring that the provider of a publicly available telecommunications service may override the elimination of the presentation of calling line identification in conformity with national legislation for the purpose of prevention or detection of criminal offences or State security;(25) Whereas where the rights of the users and subscribers are not respected, national legislation must provide for judicial remedy; whereas sanctions must be imposed on any person, whether governed by private or public law, who fails to comply with the national measures taken under this Directive;(26) Whereas it is useful in the field of application of this Directive to draw on the experience of the Working Party on the protection of individuals with regard to the processing of personal data composed of representatives of the supervisory authorities of the Member States, set up by Article 29 of Directive 95/46/EC;(27) Whereas, given the technological developments and the attendant evolution of the services on offer, it will be necessary technically to specify the categories of data listed in the Annex to this Directive for the application of Article 6 of this Directive with the assistance of the Committee composed of representatives of the Member States set up in Article 31 of Directive 95/46/EC in order to ensure a coherent application of the requirements set out in this Directive regardless of changes in technology; whereas this procedure applies solely to specifications necessary to adapt the Annex to new technological developments, taking into consideration changes in market and consumer demand; whereas the Commission must duly inform the European Parliament of its intention to apply this procedure and whereas, otherwise, the procedure laid down in Article 100a of the Treaty shall apply;(28) Whereas, to facilitate compliance with the provisions of this Directive, certain specific arrangements are needed for processing of data already under way on the date that national implementing legislation pursuant to this Directive enters into force,HAVE ADOPTED THIS DIRECTIVE:Article 1 Object and scope1. This Directive provides for the harmonisation of the provisions of the Member States required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy, with respect to the processing of personal data in the telecommunications sector and to ensure the free movement of such data and of telecommunications equipment and services in the Community.2. The provisions of this Directive particularise and complement Directive 95/46/EC for the purposes mentioned in paragraph 1. Moreover, they provide for protection of legitimate interests of subscribers who are legal persons.3. This Directive shall not apply to the activities which fall outside the scope of Community law, such as those provided for by Titles V and VI of the Treaty on European Union, and in any case to activities concerning public security, defence, State security (including the economic well-being of the State when the activities relate to State security matters) and the activities of the State in areas of criminal law.Article 2 DefinitionsIn addition to the definitions given in Directive 95/46/EC, for the purposes of this Directive:(a) 'subscriber` shall mean any natural or legal person who or which is party to a contract with the provider of publicly available telecommunications services for the supply of such services;(b) 'user` shall mean any natural person using a publicly available telecommunications service, for private or business purposes, without necessarily having subscribed to this service;(c) 'public telecommunications network` shall mean transmission systems and, where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electromagnetic means, which are used, in whole or in part, for the provision of publicly available telecommunications services;(d) 'telecommunications service` shall mean services whose provision consists wholly or partly in the transmission and routing of signals on telecommunications networks, with the exception of radio- and television broadcasting.Article 3 Services concerned1. This Directive shall apply to the processing of personal data in connection with the provision of publicly available telecommunications services in public telecommunications networks in the Community, in particular via the Integrated Services Digital Network (ISDN) and public digital mobile networks.2. Articles 8, 9 and 10 shall apply to subscriber lines connected to digital exchanges and, where technically possible and if it does not require a disproportionate economic effort, to subscriber lines connected to analogue exchanges.3. Cases where it would be technically impossible or require a disproportionate investment to fulfil the requirements of Articles 8, 9 and 10 shall be notified to the Commission by the Member States.Article 4 Security1. The provider of a publicly available telecommunications service must take appropriate technical and organisational measures to safeguard security of its services, if necessary in conjunction with the provider of the public telecommunications network with respect to network security. Having regard to the state of the art and the cost of their implementation, these measures shall ensure a level of security appropriate to the risk presented.2. In case of a particular risk of a breach of the security of the network, the provider of a publicly available telecommunications service must inform the subscribers concerning such risk and any possible remedies, including the costs involved.Article 5 Confidentiality of the communications1. Member States shall ensure via national regulations the confidentiality of communications by means of a public telecommunications network and publicly available telecommunications services. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications, by others than users, without the consent of the users concerned, except when legally authorised, in accordance with Article 14 (1).2. Paragraph 1 shall not affect any legally authorised recording of communications in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication.Article 6 Traffic and billing data1. Traffic data relating to subscribers and users processed to establish calls and stored by the provider of a public telecommunications network and/or publicly available telecommunications service must be erased or made anonymous upon termination of the call without prejudice to the provisions of paragraphs 2, 3 and 4.2. For the purpose of subscriber billing and interconnection payments, data indicated in the Annex may be processed. Such processing is permissible only up to the end of the period during which the bill may lawfully be challenged or payment may be pursued.3. For the purpose of marketing its own telecommunications services, the provider of a publicly available telecommunications service may process the data referred to in paragraph 2, if the subscriber has given his consent.4. Processing of traffic and billing data must be restricted to persons acting under the authority of providers of the public telecommunications networks and/or publicly available telecommunications services handling billing or traffic management, customer enquiries, fraud detection and marketing the provider's own telecommunications services and it must be restricted to what is necessary for the purposes of such activities.5. Paragraphs 1, 2, 3 and 4 shall apply without prejudice to the possibility for competent authorities to be informed of billing or traffic data in conformity with applicable legislation in view of settling disputes, in particular interconnection or billing disputes.Article 7 Itemized billing1. Subscribers shall have the right to receive non-itemized bills.2. Member States shall apply national provisions in order to reconcile the rights of subscribers receiving itemised bills with the right to privacy of calling users and called subscribers, for example by ensuring that sufficient alternative modalities for communications or payments are available to such users and subscribers.Article 8 Presentation and restriction of calling and connected line identification1. Where presentation of calling-line identification is offered, the calling user must have the possibility via a simple means, free of charge, to eliminate the presentation of the calling-line identification on a per-call basis. The calling subscriber must have this possibility on a per-line basis.2. Where presentation of calling-line identification is offered, the called subscriber must have the possibility via a simple means, free of charge for reasonable use of this function, to prevent the presentation of the calling line identification of incoming calls.3. Where presentation of calling line identification is offered and where the calling line identification is presented prior to the call being established, the called subscriber must have the possibility via a simple means to reject incoming calls where the presentation of the calling line identification has been eliminated by the calling user or subscriber.4. Where presentation of connected line identification is offered, the called subscriber must have the possibility via a simple means, free of charge, to eliminate the presentation of the connected line identification to the calling user.5. The provisions set out in paragraph 1 shall also apply with regard to calls to third countries originating in the Community; the provisions set out in paragraphs 2, 3 and 4 shall also apply to incoming calls originating in third countries.6. Member States shall ensure that where presentation of calling and/or connected line identification is offered, the providers of publicly available telecommunications services inform the public thereof and of the possibilities set out in paragraphs 1, 2, 3 and 4.Article 9 ExceptionsMember States shall ensure that there are transparent procedures governing the way in which a provider of a public telecommunications network and/or a publicly available telecommunications service may override the elimination of the presentation of calling line identification:(a) on a temporary basis, upon application of a subscriber requesting the tracing of malicious or nuisance calls; in this case, in accordance with national law, the data containing the identification of the calling subscriber will be stored and be made available by the provider of a public telecommunications network and/or publicly available telecommunications service;(b) on a per-line basis for organisations dealing with emergency calls and recognized as such by a Member State, including law enforcement agencies, ambulance services and fire brigades, for the purpose of answering such calls.Article 10 Automatic call forwardingMember States shall ensure that any subscriber is provided, free of charge and via a simple means, with the possibility to stop automatic call forwarding by a third party to the subscriber's terminal.Article 11 Directories of subscribers1. Personal data contained in printed or electronic directories of subscribers available to the public or obtainable through directory enquiry services should be limited to what is necessary to identify a particular subscriber, unless the subscriber has given his unambiguous consent to the publication of additional personal data. The subscriber shall be entitled, free of charge, to be omitted from a printed or electronic directory at his or her request, to indicate that his or her personal data may not be used for the purpose of direct marketing, to have his or her address omitted in part and not to have a reference revealing his or her sex, where this is applicable linguistically.2. Notwithstanding paragraph 1, Member States may allow operators to require a payment from subscribers wishing to ensure that their particulars are not entered in a directory, provided that the sum involved does not act as a disincentive to the exercise of this right, and that, taking account of the quality requirements of the public directory in the light of the universal service, it is limited to the actual costs incurred by the operator for the adaptation and updating of the list of subscribers not to be included in the public directory.3. The rights conferred by paragraph 1 shall apply to subscribers who are natural persons. Member States shall also guarantee, in the framework of Community law and applicable national legislation, that the legitimate interests of subscribers other than natural persons with regard to their entry in public directories are sufficiently protected.Article 12 Unsolicited calls1. The use of automated calling systems without human intervention (automatic calling machine) or facsimile machines (fax) for the purposes of direct marketing may only be allowed in respect of subscribers who have given their prior consent.2. Member States shall take appropriate measures to ensure that, free of charge, unsolicited calls for purposes of direct marketing, by means other than those referred to in paragraph 1, are not allowed either without the consent of the subscribers concerned or in respect of subscribers who do not wish to receive these calls, the choice between these options to be determined by national legislation.3. The rights conferred by paragraphs 1 and 2 shall apply to subscribers who are natural persons. Member States shall also guarantee, in the framework of Community law and applicable national legislation, that the legitimate interests of subscribers other than natural persons with regard to unsolicited calls are sufficiently protected.Article 13 Technical features and standardisation1. In implementing the provisions of this Directive, Member States shall ensure, subject to paragraphs 2 and 3, that no mandatory requirements for specific technical features are imposed on terminal or other telecommunications equipment which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States.2. Where provisions of this Directive can be implemented only by requiring specific technical features, Member States shall inform the Commission according to the procedures provided for by Directive 83/189/EEC (7) which lays down a procedure for the provision of information in the field of technical standards and regulations.3. Where required, the Commission will ensure the drawing up of common European standards for the implementation of specific technical features, in accordance with Community legislation on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity, and Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and telecommunications (8).Article 14 Extension of the scope of application of certain provisions of Directive 95/46/EC1. Member States may adopt legislative measures to restrict the scope of the obligations and rights provided for in Articles 5, 6 and Article 8(1), (2), (3) and (4), when such restriction constitutes a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the telecommunications system, as referred to in Article 13(1) of Directive 95/46/EC.2. The provisions of Chapter III on judicial remedies, liability and sanctions of Directive 95/46/EC shall apply with regard to national provisions adopted pursuant to this Directive and with regard to the individual rights derived from this Directive.3. The Working Party on the Protection of Individuals with regard to the Processing of Personal Data established according to Article 29 of Directive 95/46/EC shall carry out the tasks laid down in Article 30 of the abovementioned Directive also with regard to the protection of fundamental rights and freedoms and of legitimate interests in the telecommunications sector, which is the subject of this Directive.4. The Commission, assisted by the Committee established by Article 31 of Directive 95/46/EC, shall technically specify the Annex according to the procedure mentioned in this Article. The aforesaid Committee shall be convened specifically for the subjects covered by this Directive.Article 15 Implementation of the Directive1. Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive not later than 24 October 1998.By way of derogation from the first subparagraph, Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with Article 5 of this Directive not later than 24 October 2000.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.2. By way of derogation from Article 6(3), consent is not required with respect to processing already under way on the date the national provisions adopted pursuant to this Directive enter into force. In those cases the subscribers shall be informed of this processing and if they do not express their dissent within a period to be determined by the Member State, they shall be deemed to have given their consent.3. Article 11 shall not apply to editions of directories which have been published before the national provisions adopted pursuant to this Directive enter into force.4. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.Article 16 AddresseesThis Directive is addressed to the Member States.Done at Brussels, 15 December 1997.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentJ.-C. JUNCKER(1) OJ C 200, 22.7.1994, p. 4.(2) OJ C 159, 17.6.1991, p. 38.(3) Opinion of the European Parliament of 11 March 1992 (OJ C 94, 13.4.1992, p. 198). Council Common Position of 12 September 1996 (OJ C 315, 24.10.1996, p. 30) and Decision of the European Parliament of 16 January 1997 (OJ C 33, 3.2.1997, p. 78). Decision of the European Parliament of 20 November 1997 (OJ C 371, 8.12.1997). Council Decision of 1 December 1997.(4) OJ L 281, 23.11.1995, p. 31.(5) OJ C 257, 4.10.1988, p. 1.(6) OJ C 196, 1.8.1989, p. 4.(7) OJ L 109, 26.4.1983, p. 8. Directive as last amended by Directive 94/10/EC (OJ L 100, 19.4.1994, p. 30).(8) OJ L 36, 7.2.1987, p. 31. Decision as last amended by the 1994 Act of Accession.ANNEX List of data For the purpose referred to in Article 6(2) the following data may be processed:Data containing the:- number or identification of the subscriber station,- address of the subscriber and the type of station,- total number of units to be charged for the accounting period,- called subscriber number,- type, starting time and duration of the calls made and/or the data volume transmitted,- date of the call/service,- other information concerning payments such as advance payment, payments by instalments, disconnection and reminders.