Avis juridique important

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32003L0003

Commission Directive 2003/3/EC of 6 January 2003 relating to restrictions on the marketing and use of "blue colourant" (twelfth adaptation to technical progress of Council Directive 76/769/EEC) (Text with EEA relevance)

Official Journal L 004 , 09/01/2003 P. 0012 - 0015

Commission Directive 2003/3/ECof 6 January 2003relating to restrictions on the marketing and use of "blue colourant" (twelfth adaptation to technical progress of Council Directive 76/769/EEC)(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of dangerous substances and preparations(1), as last amended by Commission Directive 2003/2/EC of 6 January 2003 relating to restrictions on the marketing and use of arsenic (tenth adaptation to technical progress to Council Directive 76/769/EEC)(2) and in particular Article 2(a) thereof, introduced by Council Directive 89/678/EEC(3),Whereas:(1) Under Directive 76/769/EEC as amended by Directive 2002/61/EC of the European Parliament and the Council(4) specified azocolourants are not to be used in certain textiles and leather articles; nor may those textiles or leather articles be placed on the market unless they conform to the requirements in that directive.(2) The risks to the health and environment of "blue colourant Index No 611-070-00-2" have been assessed under Commission Directive 93/67/EEC of 20 July 1993 laying down the principles for the assessment of risks to health and the environment of substances notified in accordance with Council Directive 67/548/EEC(5); the risk assessment identified a need for reducing risks of the blue colourant to the environment as this blue colourant has a high aquatic toxicity, is not easily degradable and reaches the environment via waste water.(3) In order to protect the environment the placing on the market and the use of the blue colourant should be prohibited for colouring textile and leather articles. The blue colourant should therefore be added to those substances listed in Annex I to Directive 76/769/EEC.(4) The restrictions on the placing on the market and use of the blue colourant laid down by this Directive take into account the current state of knowledge and techniques regarding suitable alternatives.(5) This Directive should apply without prejudice to Community legislation laying down minimum requirements for the protection of workers, in particular Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(6), and Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(7), as last amended by Directive 1999/38/EC(8).(6) The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 76/769/EEC is hereby adapted to technical progress as set out in the Annex to this Directive.Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2003 at the latest. They shall forthwith inform the Commission thereof. They shall apply these provisions as from 30 June 2004.When Member States adopt those provisions, these 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 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 6 January 2003.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 262, 27.9.1976, p. 201.(2) See page 9 of this Official Journal.(3) OJ L 398, 30.12.1989, p. 24.(4) OJ L 243, 11.9.2002, p. 15.(5) OJ L 227, 8.9.1993, p. 9.(6) OJ L 183, 29.6.1989, p. 1.(7) OJ L 196, 26.7.1990, p. 1.(8) OJ L 138, 1.6.1999, p. 66.ANNEX- In Annex I to Directive 76/769/EEC, point 43 is replaced by the following:>TABLE>- The following point shall be added to the Appendix:Point 43 AzocolourantsList of aromatic amines>TABLE>List of azodyes>TABLE>


Avis juridique important

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31994L0046

Commission Directive 94/46/EC of 13 October 1994 amending Directive 88/301/EEC and Directive 90/388/EEC in particular with regard to satellite communications

Official Journal L 268 , 19/10/1994 P. 0015 - 0021 Finnish special edition: Chapter 8 Volume 2 P. 0063  Swedish special edition: Chapter 8 Volume 2 P. 0063

COMMISSION DIRECTIVE 94/46/EC of 13 October 1994 amending Directive 88/301/EEC and Directive 90/388/EEC in particular with regard to satellite communicationsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community, and in particular Article 90 (3) thereof,  Whereas:  1. The Green Paper on a common approach in the field of satellite communications in the European Community, adopted by the Commission in November 1990, set out the major changes in the regulatory environment necessary to exploit the potential of this  means of communications. This Satellite Green Paper called for, inter alia, full liberalization of the satellite services and equipment sectors, including the abolition of all exclusive or special nights in this area, subject to licensing procedures, as  well as for the free (unrestricted access to space segment capacity.  2. The Council Resolution of 19 December 1991 on the development of the common market for satellite communications services and equipment (1), gave general support to the positions set out in the Commission's Satellite Green Paper, and considered as  major goals: the harmonization and liberalization of the market for appropriate satellite earth stations, including where applicable the abolition of exclusive or special rights in this field, subject in particular to the conditions necessary for  compliance with essential requirements.  3. The European Parliament, in its Resolution on the development of the common market for satellite communications services and equipment (2) calls upon the Commission to enact the necessary legislation in order to create the environment to enable  existing constraints to be removed and new activities developed in the field of satellite communications, while stressing the need to harmonize and liberalize the markets in satellite equipment and services.  4. Several Member States have already opened up certain satellite communications services to competition and have introduced licensing schemes. Nevertheless, the granting of licences in some Member States still does not follow objective, proportional  and non-discriminatory criteria or, in the case of operators competing with the telecommunications organizations, is subject to technical restrictions such as a ban on connecting their equipment to be switched network operated by the telecommunications  organization. Other Member States have maintained the exclusive rights granted to the national public undertakings.  5. Commission Directive 88/301/EEC of 16 May 1988 on competition in the markets in telecommunications terminal equipment (3), as amended by the Agreement on the European Economic Area, provides for the abolition of special or exclusive rights to import,  market, connect, bring into service and maintain telecommunications terminal equipment. It does not cover all types of satellite earth station equipment.  6. In its judgment in Case C-202/88, France v. Commission (4), the Court of Justice of the European Communities upheld Commission Directive 88/301/EEC. However, in so far as it relates to special rights, the Directive was declared void on the grounds  that neither the provisions of the Directive nor the preamble thereto specify the type of rights which are actually involved and in what respect the existence of such rights is contrary to the various provisions of the Treatry. As far as importation,  marketing, connection, bringing into service and maintenance of telecommunications equipment are concerned, special rights are in practice rights that are granted by a Member State to a limited number of undertakings, through any legislative, regulatory  or administrative instrument which, within a given geographical area,  - limits to two or more the number of such undertaking, otherwise than according to objective, proportional and non-discriminatory criteria, or - designates, otherwise than according to such criteria, several competing undertakings, or - confers on any undertaking or undertakings, otherwise than according to such criteria, legal or regulatory advantages which substantially affect the ability of any other undertaking to engage in any of the abovementioned activities in the same  geographical area under substantially equivalent conditions.  This definition is without prejudice to the application of Article 92 of the EC Treaty.  7. The existence of exclusive rights has the effect of restricting the free movement of such equipment either as regards the importation and marketing of telecommunications equipment (including satellite equipment), because certain products are not  marketed, or as regards the connection, bringing into service or maintenance because, taking into account the characteristics of the market and in particular the diversity and technical nature of the products, a monopoly has no incentive to provide  these services in relation to products which it has not marketed or imported, nor to align its prices on costs, since there is no threat of competition from new entrants. Taking into account the fact that in most equipment markets there is typically a  large range of telecommunication equipment markets there is typically a large range of telecommunication equipment, and the likely development of the markets in which there are as yet a limited number of manufacturers, any specialy right which directly  or indirectly - for example by not providing for an open and non-discrimnatory authorization procedure - limits the number of the undertakings authorized to import, market, connect, bring into service and maintain such equipment, is liable to have the  same kind of effect as the grant of exclusive rights.  Such exclusive or special rights constitute measures having equivalent effect to quantitative restrictions incompatible with Article 30 of the EC Treaty. None of the specific features of satellite earth stations or of the market for their sale or  maintenance is such as to justify their being treated differently in law from other telecommunications terminal equipment. Thus it is necessary to abolish all existing exclusive rights in the importation, marketing, connection, bringing into service and  maintenance of satellite earth station equipment, as well as those rights having comparable effects - that is to say, all special rights except those consisting in legal or regulatory advantages conferred on one or more undertakings and affecting only  the ability of other undertakings to engage in any of the abovementioned activities in the same geographical area under substantially equivalent conditions.  8. Satellite earth station equipment must satisfy the essential requirements harmonized by Council Directive 93/97/EEC (5) with special reference to the efficient use of frequencies. It will be possible to monitor the application of these essential  requirements partly through the licences granted for the provision of the services concerned. Alignment on the essential requirements will be achieved mainly through the adoption of common technical rules and harmonization of the conditions attached to  licences. Even where these conditions are not harmonized, Member States will nevertheless have to adapt their rules. In either case, Member States must in the meantime ensure that the application of such rules does not create barriers to trade.  9. The abolition of special or exclusive rights relating to the connection of satellite earth station equipment makes it necessary to recognize the right to connect this equipment to the switched networks operated by the telecommunications organizations  so that licensed operators can offer their services to the public.  10. Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services (6), as amended by the Agreement on the EEA, provides for the abolition of special or exclusive rights granted by Member States in respect  of the provision of telecommunications services. However, the Directive excludes satellite services from its field of application.  11. In Joined Cases C-271/90, C-281/90 and C-289/90, Spain v. Commission (7), the Court of Justice of the European Communities upheld this Commission Directive on 17 November 1992. However, in so far as it relates to special rights, the Directive was  declared void by the Court of Justice on the grounds that neither the provisions of the Directive nor the preamble thereto specify the type of rights which are actually involved and in what respect the existence of such rights is contrary to the various  provisions of the Treaty. Consequently, these rights must be defined in this Directive. As far as telecommunications services are concerned, special rights are in practice rights that are granted by a Member State to a limited number of undertakings,  through any legislative, regulatory or administrative instrument which, within a given geographical area,  - limits to two or more, otherwise than according to objective, proportional and non-discriminatory criteria, the number of undertakings which are authorized to provide any such service, of - designates, otherwise than according to such criteria, several competing undertakings as those which are authorized to provide any such service, or - confers on any undertaking or undertakings, otherwise than according to such criteria, legal or regulatory advantages which substantially affect the ability of any other undertaking to provide the same telecommunications service in the same  geographical area under substantially equivalent conditions.  This definition is without prejudice to the application of Article 92 of the EC Treaty.  In the field of telecommunications services, such special legal or regulatory advantages may consist, among other things, in a right to make compulsory purchases in the general interest, in derogations from law on town-and-country planning, or in the  possibility of obtaining an authorization without having to go through the usual procedure.  12. Where the number of undertakings authorized to provide satellite telecommunications services is limited by a Member State through special rights, and a fortiori exclusive rights, these constitute restrictions that could be incompatible with Article  59 of the Treaty, whenever such limitation is not justified by essential requirements, since these rights prevent other undertakings from supplying (or obtaining) the services concerned to (or from) other Member States. In the case of satellite network  services, such essential requirements could be the effective use of the frequency spectrum and the avoidance of harmful interference between satellite telecommunications systems a other space-based or terrestrial technical systems. Consequently,  provided that equipment used to offer the services satisfies the essential requirement applicable to satellite communications, separate legal treatment of the latter is not justified. On the other hand, special rights consisting only in special legal or  regulatory advantages, do not, in principle, preclude other undertakings from entering the market. The compatibility of these rights with the EC Treaty must therefore be assessed on a case-by-case basis, regard being had to their impact on the effective  freedom of other entities to provide the same telecommunications service and their possible justifications regarding the activity concerned.  13. The exclusive rights that currently exist in the satellite communications field were generally granted to organizations that already enjoyed a dominant position in creating the terrestrial networks, or to one of their subsidiaries. Such rights have  the effect of extending the dominant position enjoyed by those organizations and therefore strengthening that position. The exclusive rights granted in the satellite communications field are consequently incompatible with Article 90 of the EC Treaty,  read in conjunction with Article 86.  14. These exclusive rights limiting access to the market also have the effect of restricting or preventing, to the detriment of users, the use of satellite communications that could be offered, thereby holding back technical progress in this area.  Because their investment decisions are likely to be based on exclusive rights, the undertakings concerned are often in a position to decide to give priority to terrestrial technologies, whereas new entrants might exploit satellite technology. The  telecommunications organizations have generally given preference to the development of optical-fibre terrestrial links, and satellite communications have been used chiefly as a technical solution of last resort in cases where the cost of the terrestrial  alternatives has been prohibitive, or for the purpose of data broadcasting and/or television broadcasting, rather than being used as a fully complementary transmission technology in its own right. Thus the exclusive rights imply a restriction on the  development of satellite communication, and this is incompatible with Article 90 of the Treaty, read in conjunction with Article 86.  15. However, where the provision of satellite services is concerned, licensing or declaration procedures are justified in order to ensure compliance with essential requirements, subject to the proportionality principle. Licensing is not justified when a  mere declaration procedure would suffice to attain thte relevant objective. For example, in the case of provision of a satellite service which involves only the use of a dependent VSAT earth station in a Member State, the latter should impose no more  than a declaration procedure.  16. Article 90 (6) of the Treaty provides for an exception to Article 86 in cases where the application of the latter would obstruct the performance, in law or infact, of the particular tasks assigned to the telecommunications organizations. Pursuant to  that provision, Directive 90/388/EEC allows exclusive rights to be maintained for a transitional period in respect of voice telephony.  'Voice telephony' is defined in Article 1 of Directive 90/388/EEC as the commercial provision for the public of the direct transport and switching of speech in real-time between public switched network termination points, enabling any user to use  equipment connected to such a network termination point in order to communicate with another termination point. In the case of direct transport and switching of speech via satellite earth station networks, such commercial provision for the public in  general can take place only when the satellite earth station network is connected to the public switched network.  As regards all services other than voice telephony, no special treatment under Article 90 (2) is justified especially in view of the insignificant contribution of such services to the turnover of the telecommunications organizations.  17. The provision of satellite network services for the conveyance of radio and television programmes is a telecommunications service for the purpose of this Directive and thus subject to its provisions. Notwithstanding the abolition of certain special  and exclusive rights in respect of receive-only satellite earth stations not connected to the public network of a Member State and the abolition of special and exclusive rights in respect of satellite services provided for public or private  broadcasters, the content of satellite broadcasting services to the general public or private broadcasters, the content of satellite broadcasting services to the general public provided via frequency bands defined in the Radio Regulations for both  Broadcasting Satellite Services (BSS) and Fixed-Satellite Services (FSS) will continue to be subject to specific rules adopted by Member States in accordance with Community law and is not, therefore, subject to the provisions of this Directive.  18. This Directive does not prevent measure being adopted in accordance with Community law and existing international obligations so as to ensure that nationals of Member States are afforded equivalent treatment in third countries.  19. The offering by satellite operators of space segment capacity of national, private or international satellite systems to licensed satellite earth station network operators, is still, in some Member States, subject to regulatory restrictions other  than those compatible with frequency and site coordination arrangements required under the international commitments of Member States. These additional restrictions are contrary to Article 59, which implies that such satellite operators should have full  freedom to provide their services in the whole Community, once they are licensed in one Member State.  20. Tests to establish whether satellite earth stations of licensed operators other than national operators conform to specifications governing technical and operational access to intergovernmental satellite systems, are, in most of the Member States,  carried out by the national Signatory of the nation upon whose territory the station is operating. These conformity assessments are therefore performed by service providers which are competitors.  This is not compatible with the Treaty provisions, notably Articles 3 (g) and 90, read in conjunction with Article 86. Member States therefore need to ensure that these conformity assessments can be carred out direct between the satellite earth station  network operator concerned and the intergovernmental organization itself, under supervision of the regulatory authorities alone.  21. Most of the available space segment capacity is offered by the international satellite organizations. The charges for using such capacity are still high in many Member States because the capacity can be acquired only from the signatory for the  Member State in question. Such exclusivity, permitted by some Member States, leads to a partitioning of the Common Market to the detriment of customers requiring capacity. In its resolution of 19 December 1991, the Council consequently called on the  Member States to improve access to the space segment of the intergovernmental organizations. As regards the establishment and use of separate systems, restrictive measure taken under international conventions signed by Member States could also have  effects incompatible with Community law, by limiting supply at the expense of the consumer within meaning of Article 86 (b). Within the international satellite organizations, reviews of the provisions of the relevant constituent instruments are under  way, inter alia, in respect of improved access and in respect of the establishment and use of separate systems. In order to enable the Commission to carry out the monitoring task assigned to it by the EC Treaty, instruments should be provided to help  Member States to comply with the duty of cooperation enshrined in the first paragraph of Article 5, read in conjunction with Article 234 (2), of the Treaty.  22. In assessing the measures of this Directive, the Commission, in the context of the achievement of the fundamental objectives of the Treaty referred to in Article 2 thereof, including that of strengthening the Community's economic and social cohesion  as referred to in Article 130 (a), will also take into account the situation of those Member States in which the terrestrial network is not yet sufficiently developed and which could justify the deferment for these Member States, as regards satellite  services and to the extent necessary, of the date of full application of the provisions of this Directive until 1 January 1996,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 88/301/EEC is hereby amended as follows:  (a) The last sentence of the first indent is replaced by the following:  'Terminal equipment also means satellite earth station equipment'.  (b) The following indents are added after the second indent:  '- "special rights" means rights that are granted by a Member State to a limited number of undertakings, through any legislative, regulatory or administrative instrument, which, within a given geographical area,  - limits to two or more the number of such undertakings, otherwise than according t objective, proportional and non-discriminatory criteria, or - designates, otherwise than according to such criteria, several competing undertakings, or - confers on any undertaking or undertakings, otherwise than according to such criteria, any legal or regulatory advantages which substantially affect the ability of any other undertaking to import, market, connect, bring into service and/or maintain  telecommunication terminal equipment in the same geographical area under substantially equivalent conditions;  - "satellite earth station equipment" means equipment which is capable of being used for the transmission only, or for the transmission and reception ("transmit/receive"), or for the reception only ("receive-only") of radiocommunication signals by means  of satellites or other space-based systems' 2. The first paragraph of Article 2 is replaced by the following text.  'Member States which habe granted special or exclusive rights to undertakings shall ensure that all exclusive rights are withdrawn, as well as those special rights which (a) limit two or more the number of undertakings within the meaning of Article 1, otherwise than according to objective, proportional and non-discriminatory criteria, or (b) designate, otherwise than according to such criteria, several competing undertakings within the meaning of Article 1.' 3. The first indent of Article 3 is replaced by the following text:  '- in the case of satellite earth station equipment, refuse to allow such equipment to be connected to the public telecommunications network and/or to be brought into service where it does not satisfy the relevant common technical regulations adopted in  pursuance of Council Directive 93/97/EEC (8)() or, in the absence thereof, the essential requirements laid down in Article 4 of that Directive. In the absence of common technical rules of harmonized regulatory conditions, national rules shall be  proportionate to those essential requirements and shall be notified to the Commission in pursuance of Directive 83/189/EEC where that Directive so requires.  - in the case of other terminal equipment, refuse to allow such equipment to be connected to the public telecommunications network where it does not satisfy the relevant common technical regulations adopted in pursuance of Council Directive 91/263/EEC  (9)() or, in the absence thereof, the essential requirements laid down in Article 4 of that Directive.  '  Article 2  Directive 90/388/EEC is hereby amended as follows:  1. Article 1 is amended as follows:  (a) Paragraph 1 is amended as follows:  (i) the seconds indent is replaced by the following:  '- "exclusive rights" means the rights that are granted by a Member State to one undertaking through any legislative, regulatory or administrative instrument, reserving it the right to provide a telecommunication service or undertake an activity within  a given geographical area.';  (ii) The following is inserted as the third indent:  '- "special rights" means the rights that are granted by a Member State to a limited number of undertakings through any legislative, regulatory or administrative instrument which, within a given geographical area,  - limits to two or more the number of such undertakings authorized to provide a service or undertake an activity, otherwise than according to objective, proportional and non-discriminatory criteria, or - designates, otherwise than according to such criteria, several competing undertakings as being authorized to provide a service or undertake an activity, or - confers on any undertaking or undertakings, otherwise than according to such criteria, legal or regulatory advantages which substantially affect the ability of any other undertaking to provide the same telecommunications service or to undertake the  same activity in the same geographical area under substantially equivalent conditions.' (iii) The fourth indent is replaced by the following:  '- "telecommunications services" means services whose provision consists wholly or partly in the transmission and routing of signales on a public telecommunications network by means of telecommunications processes, with the exception of radio- and  television-broadcasting to the public, and satellite services.' (iv) the following indents are inserted after the fourth indent:  '- "satellite earth station network" means a configuration of two or more earth stations which interwork by means by means of a satellite;  - "satellite network services" means the establishment and operation of satellite earth station networks; these services consist, as a minimum, in the establishment, by satellite earth stations, of radiocommunications to space segment ("uplinks"), and  in the establishment of radiocommunications between space segment and satellite earth stations ("downlinks");  - "satellite communications services" means service whose provision makes use, wholly or partly, of satellite network services;  - "satellite services" means the provision of satellite communications services and/or the provision of satellite networks services;' (v) the second sentence of the sixth indent is replaced by the following text:  'Those reasons are security of network operations, maintenance of network integrity, and, in justified cases, interoperability of services, data protection and, in the case of satellite network services, the effective use of the frequency spectrum and  the avoidance of harmful interference between satellite telecommunications systems and other space-based or terrestrial tecnical systems.' (b) Paragraph 2 is replaced by the following:  '2. This Directive shall not apply to the telex service or to terrestrial mobile radiocommunications.' 2. Article 2 is amended as follows:  (a) The first paragraph is replaced by the following:  'Without prejudice to Article 1 (2), Member States shall withdraw all those measures which grant:  (a) exclusive rights for the supply of telecommunications services otherwise than voice telephony and (b) special rights which limit to two or more the number of undertakings authorized to supply such telecommunication services, otherwise than according to objective, proportional and non-discriminatory criteria, or (c) special rights which designate, otherwise than according to such criteria, several competing undertakings to provide such telecommunication services.  They shall take the measures necessary to ensure that any operator is entitled to supply any such telecommunications services, otherwise than voice telephony'.  (b) The following paragraphs are added:  'Member States shall communicate the criteria on which authorizations are granted, together with the conditions attached to such authorizations and to the declaration procedures for the operation of transmitting earth stations.  Member States shall continue to inform the Commission of any plans to introduce new licensing procedures or to change existing procedures'.  3. Article 6 is amended as follows:  (a) The following paragraphs are added after the second paragraph:  'Member States shall ensure that any fees imposed on providers of services as part of authorization procedures, shall be based on objective, transparent and non-discriminatory criteria.  Fees, the criteria upon which they are based, and any changes thereto, shall be published in an appropriate and sufficiently detailed manner, so as to provide easy access to that information.  Member States shall notify to the Commission no later than nine months after publication of this Directive, and thereafter whenever changes occur, the manner in which the information is made available. The Commission shall regularly publish references  to such notifications.' (b) The following paragraph is added:  'Member States shall ensure that any regulatory prohibition or restrictions on the offer of space-segment capacity to any authorized satellite earth station network operator are abolished, and shall autorize within their territory any space-segment  supplier to verify that the satellite earth station network for use in connection with the space segment of the supplier in question is in conformity with the published conditions for access to his space segment capacity.'  Article 3  Member States which are party to the international conventions setting up the international organizations Intelsat, Inmarsat, Eutelsat and Intersputnik for the purposes of satellite operatons shall communicate to the Commission, at its  request, the information they psses on any measure that could prejudice compliance with the competition rules of the EC Treaty or affect the aims of this Directive or of the Council Directives on telecommunications.   Article 4  Member States shall supply to the Commission, not later than nine months after this Directive has entered into force, such information as will allow the Commission to confirm that Articles 1 and 2 have been complied with.   Article 5  This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.   Article 6  This Directive is addressed to the Member States.  Done at Brussels, 13 October 1994.  For the Commission Karel VAN MIERT Member of the Commission  (1) OJ No C 8, 14. 1. 1992, p. 1.  (2) OJ No C 42, 15. 2. 1993, p. 30.  (3) OJ No L 131, 27. 5. 1988, p. 73.  (4) [1991] ECR I-1223.  (5) OJ No L 290, 24. 11. 1993, p. 1.  (6) OJ No L 192, 24. 7. 1990, p. 10.  (7) [1992] ECRI-5833.  (8)() OJ No L 290, 24. 11. 1993, p. 1.  (9)() OJ No L 128, 23. 5. 1991, p. 1.


Avis juridique important

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31981L0575

Council Directive 81/575/EEC of 20 July 1981 amending Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts

Official Journal L 209 , 29/07/1981 P. 0030 - 0031 Finnish special edition: Chapter 13 Volume 11 P. 0147  Spanish special edition: Chapter 13 Volume 11 P. 0213  Swedish special edition: Chapter 13 Volume 11 P. 0147  Portuguese special edition Chapter 13 Volume 11 P. 0213

COUNCIL DIRECTIVE of 20 July 1981 amending Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts (81/575/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Council Directive 76/115/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts (4) lays down inter alia in Annex I requirements concerning the minimum number of belt anchorages to be provided for vehicles of category M1 as defined in Annex I to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (5), as last amended by Directive 80/1267/EEC (6);  Whereas in the interest of road safety the fitting of safety belts and restraint systems complying with Council Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (7) should henceforth be required in vehicles of certain M and N categories and permitted and encouraged for vehicles in the other M and N categories ; whereas it is therefore necessary, within the framework of EEC motor vehicle type-approval, to provide for anchorages for the different categories of vehicles ; whereas for this purpose the scope of Directive 76/115/EEC must be extended in order that manufacturers may fit such vehicles with anchorages which comply with the requirements of that Directive ; whereas such an extension has been made possible by technical progress in motor-vehicle construction;  Whereas for this purpose Directive 76/115/EEC should be amended;  Whereas amendment of that Directive means adapting to technical progress certain requirements in the Annexes to Directive 76/115/EEC ; whereas the entry into force of the provisions of the present Directive should be made to coincide with that of the provisions which, following adoption of the present Directive, will then be adopted in order to adapt the requirements of the Annexes to Directive 76/115/EEC to technical progress,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 76/115/EEC shall be amended as follows:  1. Article 2 is replaced by the following:  "Article 2  For the purposes of this Directive, "vehicle" means any motor vehicle in categories M and N as defined in Annex I to Directive 70/156/EEC intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h."   2. In Annex I:  (a) Section 4.3.1 is replaced by the following:  "4.3.1. For the front seats of vehicles in category M1, category M2 (except vehicles of a permissible maximum weight exceeding 3 500 kg and those which include places specially designed for standing passengers) and categories N1, N2 and N3, two lower belt anchorages and one upper belt anchorage must be provided. However, for front central seats, two lower belt anchorages are considered as sufficient where the windscreen is located outside the reference zone defined in Annex II to Directive 74/60/EEC. As regards the belt anchorages the windscreen is considered part  (1) OJ No C 87, 9.4.1980, p. 5. (2) OJ No C 265, 13.10.1980, p. 77. (3) OJ No C 230, 8.9.1980, p. 6. (4) OJ No L 24, 30.1.1976, p. 6. (5) OJ No L 42, 23.2.1970, p. 1. (6) OJ No L 375, 31.12.1980, p. 34. (7) OJ No L 220, 29.8.1977, p. 95.  of the reference zone where it is capable of entering into static contact with the test apparatus according to the method described in Annex II."   (b) Sections 4.3.1.1 and 4.3.1.2 are deleted;   (c) Section 4.3.2 is replaced by the following:  "4.3.2. For the other outboard seats of vehicles in category M1, there must be two lower belt anchorages and one upper belt anchorage."   (d) Section 4.3.3 is replaced by the following:  "4.3.3. For all other seats in category M1 vehicles, and for all other non-protected seats in categories other than M1 as referred to in 4.3.1, there must be a minimum of two lower belt anchorages.  For the purpose of defining "protected seat", "protection area" means the area in front of a seat and contained:  - between two horizontal planes, one through the H point and the other 400 mm above it;   - between two vertical longitudinal planes which are symmetrical in relation to the H point and are 400 mm apart;   - behind a transverse vertical plane 1 730 m from the H point.     Within any transverse vertical plane, "screen zone" means a continuous surface such that, if a sphere of 165 mm diameter is projected in a longitudinal horizontal direction through any point of the zone and through the centre of the sphere, nowhere in the protection area is there any aperture through which the sphere can be passed.  A seat is considered to be protected if the screen zones within the protection area have a combined surface area of at least 800 cm2."   (e) Section 4.3.4 is replaced by the following:  "4.3.4. For all folding (tip-up) seats, as well as all the seats of any vehicle which are not covered by sections 4.3.1, 4.3.2 or 4.3.3, not belt anchorages are required. However, if the vehicle is fitted with anchorages for such seats, these anchorages must comply with the provisions of this Directive."         Article 2 Member States shall bring into force the provisions necessary in order to comply with this Directive on the same date as that scheduled for the entry into force of the provisions necessary to comply with the Directive to be adopted after this Directive pursuant to Article 6 of Directive 76/115/EEC, so that the requirements of the Annexes to the latter Directive may be adapted to technical progress. They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 20 July 1981.  For the Council  The President  P. WALKER


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32001L0010

Directive 2001/10/EC of the European Parliament and of the Council of 22 May 2001 amending Council Directive 91/68/EEC as regards scrapie

Official Journal L 147 , 31/05/2001 P. 0041 - 0041

Directive 2001/10/EC of the European Parliament and of the Councilof 22 May 2001amending Council Directive 91/68/EEC as regards scrapieTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having consulted the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The animal health conditions for scrapie, covering placing on the market of animals, are laid down in Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals(4).(2) The Commission has obtained scientific opinions, in particular from the Scientific Steering Committee, on several aspects of transmissible spongiform encephalopathies (TSEs). The rules laid down in Directive 91/68/EEC should be reviewed in the light of those opinions.(3) Provisions should be laid down for all matters concerning TSEs to apply, in particular, to the production and placing on the market of live animals and products of animal origin referred to in Article 1(1) of Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down the rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(5).(4) This Directive concerns public health directly and relates to the operation of the internal market. It is consequently appropriate to take Article 152(4)(b) of the Treaty as the legal basis for the adoption of rules for the prevention and control of certain transmissible spongiform encephalopathies.(5) Directive 91/68/EEC should therefore be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 91/68/EEC is hereby amended as follows:1. In Article 2(7), "as listed under Sections I and II of Annex B" shall be replaced by "as listed under Section I of Annex B".2. Article 6(b) shall be deleted.3. In Article 7(1), "referred to in Annex B, Sections II and III" shall be replaced by "referred to in Annex B, Section III".4. In Article 8(1), "listed in Annex B, Sections II and III" shall be replaced by "listed in Annex B, Section III".5. Section II of Annex B shall be deleted.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 June 2001. They shall immediately inform the Commission thereof.They shall apply these provisions from 1 July 2001.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States.2. The Member States shall communicate to the Commission the provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 22 May 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentM. Winberg(1) OJ C 45, 19.2.1999, p. 33.(2) OJ C 258, 10.9.1999, p. 19.(3) Opinion of the European Parliament of 16 February 2000 (OJ C 339, 29.11.2000, p. 128) and Council Decision of 12 February 2001.(4) OJ L 46, 19.2.1991, p. 19. Directive as last amended by Commission Decision 94/953/EC (OJ L 371, 31.12.1994, p. 14).(5) See page 1 of this Official Journal.


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31970L0358

Council Directive 70/358/EEC of 13 July 1970 making a fourth amendment to the Council Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorized for use in foodstuffs intended for human consumption

Official Journal L 157 , 18/07/1970 P. 0036 - 0037 Finnish special edition: Chapter 13 Volume 1 P. 0148  Danish special edition: Series I Chapter 1970(II) P. 0377  Swedish special edition: Chapter 13 Volume 1 P. 0148  English special edition: Series I Chapter 1970(II) P. 0434  Greek special edition: Chapter 03 Volume 5 P. 0135  Spanish special edition: Chapter 13 Volume 1 P. 0230  Portuguese special edition Chapter 13 Volume 1 P. 0230

COUNCIL DIRECTIVE  of 13 July 1970  making a fourth amendment to the Council Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorised for use in foodstuffs intended for human consumption  (70/358/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Whereas, under Article 11 (2) of the Council Directive of 23 October 1962 (1) on the approximation of the rules of the Member States concerning the colouring matters authorised for use in foodstuffs intended for human consumption, as last amended by the Council Directive of 20 December 1968 (2) the Commission was authorised, after consulting the Member States, to establish the methods of analysis needed to verify that the criteria of purity which colouring matters must satisfy are in fact satisfied;  Whereas the Commission should be entrusted with the task of determining the procedure for taking samples and the methods for the qualitative and quantitative analysis of colouring matters in and on foodstuffs;  Whereas it is desirable that, for all cases where the Council empowers the Commission to implement rules relating to foodstuffs, a procedure should be provided for establishing close co-operation between the Member States and the Commission within the Standing Committee for Foodstuffs set up by the Council Decision of 13 November 1969 (3);  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Council Directive of 23 October 1962 shall be amended in accordance with the provisions of Articles 2 and 3.   Article 2 The following shall be substituted for Article 11 (2):  "2. The procedure laid down in Article 11a shall be used to establish:    - the methods of analysis needed to verify that the general and specific criteria of purity laid down in Annex III to this Directive are satisfied;       - the procedure for taking samples and the methods for the qualitative and quantitative analysis of colouring matters in and on foodstuffs."   Article 3 The following provisions shall be inserted after Article 11:  "Article 11a 1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State' to the Standing Committee for Foodstuffs (hereinafter called the "Committee") set up by the Council Decision of 13 November 1969.  (1)OJ No 115, 11.11.1962, p. 2645/62. (2)OJ No L 309, 24.12.1968, p. 24. (3)OJ No L 291, 19.11.1969, p. 9.    2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its Opinion on the draft within a time limit set by the Chairman according to the urgency of the matter. Opinions shall be delivered by a majority of twelve votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.   3.  (a) The Commission shall adopt the measures envisaged where they are in accordance with the Opinion of the Committee.      (b)  Where 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 act by a qualified majority.   (c)  If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.   Article 11b  The provisions of Article 11a shall apply for eighteen months from the date on which a matter was first referred to the Committee either under Article 11a (1) or under any other corresponding provision."   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 13 July 1970.  For the Council  The President  J. ERTL


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32001L0030

Commission Directive 2001/30/EC of 2 May 2001 amending Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners (Text with EEA relevance)

Official Journal L 146 , 31/05/2001 P. 0001 - 0023

Commission Directive 2001/30/ECof 2 May 2001amending Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption(1), as amended by Directive 94/34/EC of the European Parliament and of the Council(2) and in particular Article 3(3)(a) thereof,After consulting Scientific Committee on Food,Whereas:(1) It is necessary to establish purity criteria for all additives other than colours and sweeteners mentioned in Directive 95/2/EC of the European Parliament and of the Council of 20 February 1995 on food additives other than colours and sweeteners(3), as last amended by Directive 2001/5/EC(4).(2) Commission Directive 96/77/EC of 2 December 1996 laying down specific purity criteria on food additives other than colours and sweeteners(5), as last amended by Directive 2000/63/EC(6) set out purity criteria for a number of food additives. This Directive should now be completed with purity criteria for the remaining food additives mentioned in Directive 95/2/EC.(3) It is necessary to take into account the specifications and analytical techniques for additives as set out in the Codex Alimentarius as drafted by the Joint FAO/WHO Expert Committee on Food Additives (JECFA).(4) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 96/77/EC is hereby amended as follows:In the Annex, the text of the Annex to this Directive shall be added.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 June 2002 at the latest. They shall forthwith inform the Commission thereof.2. 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.3. Products put on the market or labelled before 1 June 2002 which do not comply with this Directive may be marketed until stocks are exhausted.Article 3This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 2 May 2001.For the CommissionDavid ByrneMember of the Commission(1) OJ L 40, 11.2.1989, p. 27.(2) OJ L 237, 10.9.1994, p. 1.(3) OJ L 61, 18.3.1995, p. 1.(4) OJ L 55, 24.2.2001, p. 59.(5) OJ L 339, 30.12.1996, p. 1.(6) OJ L 227, 30.10.2000, p. 1.ANNEXE 170 (i) CALCIUM CARBONATEPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/45/EC laying down specific purity criteria concerning colours for use in foodstuffs(1).E 353 METATARTARIC ACID>TABLE>E 354 CALCIUM TARTRATE>TABLE>E 356 SODIUM ADIPATE>TABLE>E 357 POTASSIUM ADIPATE>TABLE>E 420(i) SORBITOLPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs(2).E 420(ii) SORBITOL SYRUPPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.E 421 MANNITOLPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.E 425(i) KONJAC GUM>TABLE>E 425(ii) KONJAC GLUCOMANNAN>TABLE>E 504(ii) MAGNESIUM HYDROXIDE CARBONATE>TABLE>E 553b TALC>TABLE>E 554 SODIUM ALUMINIUM SILICATE>TABLE>E 555 POTASSIUM ALUMINIUM SILICATE>TABLE>E 556 CALCIUM ALUMINIUM SILICATE>TABLE>E 558 BENTONITE>TABLE>E 559 ALUMINIUM SILICATE (KAOLIN)>TABLE>E 620 GLUTAMIC ACID>TABLE>E 621 MONOSODIUM GLUTAMATE>TABLE>E 622 MONOPOTASSIUM GLUTAMATE>TABLE>E 623 CALCIUM DIGLUTAMATE>TABLE>E 624 MONOAMMONIUM GLUTAMATE>TABLE>E 625 MAGNESIUM DIGLUTAMATE>TABLE>E 626 GUANYLIC ACID>TABLE>E 627 DISODIUM GUANYLATE>TABLE>E 628 DIPOTASSIUM GUANYLATE>TABLE>E 629 CALCIUM GUANYLATE>TABLE>E 630 INOSINIC ACID>TABLE>E 631 DISODIUM INOSINATE>TABLE>E 632 DIPOTASSIUM INOSINATE>TABLE>E 633 CALCIUM INOSINATE>TABLE>E 634 CALCIUM 5'-RIBONUCLEOTIDE>TABLE>E 635 DISODIUM 5'-RIBONUCLEOTIDE>TABLE>E 905 MICROCRYSTALLINE WAX>TABLE>E 912 MONTAN ACID ESTERS>TABLE>E 914 OXIDISED POLYETHYLENE WAX>TABLE>E 950 ACESULFAME KPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.E 951 ASPARTAMEPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.E 953 ISOMALTPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC, as amended by Directive 98/66/EC, laying down specific criteria of purity concerning sweeteners for use in foodstuffs.E 957 THAUMATINPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.E 959 NEOHESPERIDINE DIHYDROCHALCONEPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.E 965(i) MALTITOLPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.E 965(ii) MALTITOL SYRUPPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.E 966 LACTITOLPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.E 967 XYLITOLPurity criteria for this additive are the same as set out for this additive in the Annex to Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs.(1) OJ L 226, 22.9.1995, p. 13.(2) OJ L 178, 28.7.1995, p. 1.


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31983L0478

Council Directive 83/478/EEC of 19 September 1983 amending for the fifth time (asbestos) Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations

Official Journal L 263 , 24/09/1983 P. 0033 - 0036 Spanish special edition: Chapter 13 Volume 14 P. 0201  Portuguese special edition Chapter 13 Volume 14 P. 0201  Finnish special edition: Chapter 15 Volume 4 P. 0136  Swedish special edition: Chapter 15 Volume 4 P. 0136

*****COUNCIL  DIRECTIVE  of 19 September 1983  amending for the fifth time (asbestos) Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations  (83/478/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the use of asbestos and certain products containing it can release, to the detriment of human health, fibres and dusts which can cause asbestosis and cancer;  Whereas prevention is the best way of protecting human health;  Whereas a very effective way of protecting human health and the environment is to prohibit the use of certain fibres, such as crocidolite (blue asbestos), which according to some scientific sources are particularly dangerous;  Whereas, however, there is at present no possibility of a total ban on crocidolite; whereas it would be unreasonable to suggest that all products containing it should be withdrawn from the market in view of the fact that the handling of these products for the purpose of withdrawing or destroying them would be a source of danger to human health, because fibres would be released in the process;  Whereas certain products containing crocidolite such as seals and asbestos-cement pipes or torque converters cannot wholly be replaced in the near future at Community level by substitutes with at least equivalent properties;  Whereas it is necessary to provide for special labelling indicating the risks involved in using products containing asbestos fibres;  Whereas the labelling of these products is subject in some Member States to regulations which differ as to the conditions for marketing;  Whereas this Directive restricts the placing on the market and use of crocidolite and products containing crocidolite fibres;  Whereas restrictions on the placing on the market and use of other asbestos fibres and of products containing those fibres may further increase protection of human health; whereas, pending Community provisions on such restrictions, harmonization measures relating to those fibres or products are confined to provisions relating to labelling;  Whereas it is necessary to review periodically the exemption system laid down in this Directive in the light of technical and scientific progress and taking into account the possibility of substituting less-dangerous substances for crocidolite, with a view to making appropriate amendments where necessary;  Whereas prohibitions on certain asbestos fibres and the various provisions on labelling imposed by certain Member States affect the functioning of the common market; whereas it is therefore necessary to approximate the relevant laws, regulations and administrative provisions in the Member States and to amend accordingly the Annex to Directive 76/769/EEC (4), as last amended by Directive 83/264/EEC (5),  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annex to Directive 76/769/EEC shall become Annex I.  Article 2  The following point 5 is hereby added to Annex I to Directive 76/769/EEC:  '5. Asbestos fibres  1.2 // 5.1. Crocidolite CAS No 12001-28-4 (*)  // 5.1. The placing on the market and use of this fibre and of products containing it shall be prohibited.  //   // Each Member State may, however, allow products containing this fibre to be placed on the market until 30 June 1988, provided that they have been manufactured before 1 January 1986.  //   // Each Member State may also be exempt from the prohibition on use of products containing this fibre provided that they have been manufactured, placed on the market or used before 1 January 1986.  //   // Without prejudice to the provisions contained in other Community Directives, Member States may also exclude from this prohibition the products below, including fibres and semi-finished products essential to their manufacture:  //  // (a) asbestos-cement pipes;  //   // (b) acid and temperature-resisting seals, gaskets, gland packings and flexible compensators;  //   // (c) torque converters.  // 5.2. All asbestos fibres: Crocidolite, CAS No 12001-28-4 Chrysotile, CAS No 12001-29-5 Amosite, CAS No 12172-73-5 Anthopyllite, CAS No 77536-67-5 Actinolite, CAS No 77536-66-4 Tremolite, CAS No 77536-68-6  // 5.2. Without prejudice to point 5.1, the placing on the market and the use of products containing these fibres may be permitted only if the products bear a label in accordance with the provisions of Annex II.  (*) Number in the register of the Chemical Abstract Service.'  Article 3  The following Annex II is hereby added to Directive 76/769/EEC:  'ANNEX II  Special provisions on the labelling of products containing asbestos  1. All products containing asbestos or the packaging thereof shall bear the label defined as follows:  (a) the label conforming to the specimen below shall be at least 5 cm high (H) and 2,5 cm wide;  (b) it shall consist of two parts:  - the top part (h1 = 40 % H) shall include the letter 'a' in white, on a black background,  - the bottom part (h2 = 60 % H) shall include the standard wording in white and/or black, on a red background, and shall be clearly legible;  (c) if the product contains crocidolite, the words 'contains asbestos' used in the standard wording shall be replaced by 'contains crocidolite/blue asbestos'.  Member States may exclude from the provision of the first subparagraph hereof products intended to be placed on the market in their territory. The labelling of these products must however bear the wording 'contains asbestos';  1.2 //   //  White 'a' on a black background  //   // Standard wording in white and/or black on a red background  (d) if labelling takes the form of direct printing on the products, a single colour contrasting with the background colour is sufficient.  2. The label mentioned in this Annex shall be affixed in accordance with the following rules:  (a) on each of the smallest units supplied;  (b) if a product has asbestos-based components, it is sufficient for these components only to bear the label. The labelling may be dispensed with if smallness of size or unsuitability of packaging make it impossible for a label to be affixed to the component.  3. Labelling of packaged products containing asbestos  3.1. The following particulars shall appear on clearly legible and indelible labelling on the packaging of packaged products containing asbestos:  (a) the symbol and relevant indications of danger in accordance with this Annex;  (b) safety instructions which must be selected in accordance with the particulars in this Annex, inasmuch as they are relevant for the particular product.  Where additional safety information is provided on the packaging, this shall not weaken or contradict the particulars given in accordance with (a) and (b).  3.2. Labelling in accordance with 3.1 shall be effected by means of:  - a label firmly affixed to the packaging, or  - a (tie-on) label securely attached to the package, or  - direct printing of the packaging. 3.3. Products containing asbestos and which are packaged only in loose plastic wrapping or the like shall be regarded as packaged products and shall be labelled in accordance with 3.2. If products are separated from such packages and placed on the market unpackaged, each of the smallest units supplied shall be accompanied by labelling particulars in accordance with 3.1.  4. Labelling of unpackaged products containing asbestos  For unpackaged products containing asbestos, labelling in accordance with 3.1 shall be effected by means of:  - a label firmly affixed to the product containing asbestos,  - a (tie-on) label securely attached to such product,  - direct printing on the products,  or, if the abovementioned is not reasonably practicable as in the case of, for example, smallness of size of the product, the unsuitable nature of the product's properties or certain technical difficulties by means of a hand-out with labelling in accordance with 3.1.  5. Without prejudice to Community provisions on safety and hygiene at work, the label affixed to the product which may, in the context of its use, be processed or finished, should be accompanied by any safety instructions which may be appropriate for the product concerned, and in particular by the following:  - operate if possible out of doors or in a well-ventilated place,  - preferably use hand tools or low-speed tools equipped, if necessary, with an appropriate dust-extraction facility. If high-speed tools are used, they should always be equipped with such a facility,  - if possible, dampen before cutting or drilling,  - dampen dust and place it in a properly closed receptacle and dispose of it safely.  6. The labelling of any product intended for domestic use which is not covered by 5 and which is likely, during use, to release asbestos fibres should, if necessary, contain the following safety instruction: 'replace when worn'.  7. Member States may make the placing on the market in their territory of products containing asbestos subject to the use of their official language or languages on the labelling.'  Article 4  1. Member States shall bring into force the provisions necessary to comply with this Directive within 30 months of its notification (1). They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.  Article 5  This Directive is addressed to the Member States.  Done at Brussels, 19 September 1983.  For the Council  The President  G. VARFIS  (1) OJ No C 78, 28. 3. 1980, p. 10.  (2) OJ No C 125, 17. 5. 1982, p. 159.  (3) OJ No C 331, 17. 12. 1980, p. 5.  (4) OJ No L 262, 27. 9. 1976, p. 201.  (5) OJ No L 147, 6. 6. 1983, p. 9.  (1) This Directive was notified to the Member States on 21 September 1983.


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31978L0143

Council Directive 78/143/EEC of 30 January 1978 amending for the second time Directive 70/357/EEC on the approximation of the laws of the Member States concerning the antioxidants authorized for use in foodstuffs intended for human consumption

Official Journal L 044 , 15/02/1978 P. 0018 - 0019 Finnish special edition: Chapter 13 Volume 8 P. 0047  Greek special edition: Chapter 03 Volume 20 P. 0090  Swedish special edition: Chapter 13 Volume 8 P. 0047  Spanish special edition: Chapter 13 Volume 8 P. 0094  Portuguese special edition Chapter 13 Volume 8 P. 0094

COUNCIL DIRECTIVE  of 30 January 1978  amending for the second time Directive 70/357/EEC on the approximation of the laws of the Member States concerning the antioxidants authorized for use in foodstuffs intended for human consumption  (78/143/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 Article 2 of Council Directive 70/357/EEC of 13 July 1970 on the approximation of the laws of the Member States concerning the antioxidants authorized for use in food intended for human consumption (3), as amended by Directive 74/412/EEC (4), permits Member States to maintain the provisions of their national laws authorizing the use in foodstuffs of calcium disodium ethylene diamine tetra-acetate, propyl gallate and L-ascorbic acid esters of the unbranched fatty acids C 14 and C 18 until 31 December 1977;  Whereas Chapter IX (3) of Annex VII to the Act of Accession permits Denmark, Ireland and the United Kingdom, up to and including 31 December 1977, to maintain in force the provisions of their national laws relating to the use in foodstuffs of propyl gallate and ethoxyquin;  Whereas the technological usefulness of ethoxyquin for the treatment of apples and pears, calcium disodium ethylene diamine tetra-acetate as a substance capable of increasing the antioxidant effect of other substances, and propyl gallate as antioxidant in food has been demonstrated within the Community;  Whereas however it is not yet possible to take a final decision as to whether or not the use of ethoxyquin and calcium disodium ethylene diamine tetra-acetate should be authorized at Community level and the situation must be reviewed in the light of further scientific and toxicological information;  Whereas on the basis of the most recent scientific and toxicological information it is now possible to take a final decision to authorize within the Community the use of propyl gallate,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Article 2 of Directive 70/357/EEC shall be replaced by the following:  "Article 2  1. By way of derogation from Article 1, Member States may until 31 December 1980 maintain the provisions of their national laws permitting:      - the use of ethoxyquin for the treatment of apples and pears in the control of scald providing the residues of ethoxyquin are not more than three milligrams per kilogram of whole fruit,           - the use in foodstuffs of calcium disodium ethylene diamine tetra-acetate.              2. Before expiry of the period set in paragraph 1 the Council may, in accordance with the procedure laid down in Article 100 of the Treaty, include ethoxyquin and calcium disodium ethylene diamine tetra-acetate in the Annex."   Article 2 In Part I of the Annex to Directive 70/357/EEC the following shall be added: >PIC FILE= "T0012876">   (1)OJ No C 6, 9.1.1978, p. 117. (2)Opinion delivered on 14 and 15 December 1977 (not yet published in the Official Journal). (3)OJ No L 157, 18.7.1970, p. 31. (4)OJ No L 221, 12.8.1974, p. 18.     Article 3 Articles 1 and 2 shall taken effect from 1 January 1978.   Article 4 Member States shall bring into force not later than 12 months after notification of this Directive the laws, regulations or administrative provisions necessary to comply with this Directive and shall forthwith inform the Commission thereof.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 30 January 1978.  For the Council  The President  P. DALSAGER


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31999L0075

Commission Directive 1999/75/EC of 22 July 1999 amending Commission Directive 95/45/EC laying down specific purity criteria concerning colours for use in foodstuffs (Text with EEA relevance)

Official Journal L 206 , 05/08/1999 P. 0019 - 0021

COMMISSION DIRECTIVE 1999/75/ECof 22 July 1999amending Commission Directive 95/45/EC laying down specific purity criteria concerning colours for use in foodstuffs(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption(1), as amended by European Parliament and Council Directive 94/34/EC(2), and in particular Article 3(3)(a) thereof;After consulting the Scientific Committee for Food,(1) Whereas European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs(3), lists those substances which may be used as colours in foodstuffs;(2) Whereas Commission Directive 95/45/EC of 26 July 1995 laying down specific purity criteria concerning colours for use in foodstuffs(4) sets out the purity criteria for the colours mentioned in Directive 94/36/EC;(3) Whereas it is necessary, in the light of technical progress, to amend the purity criteria set out in Directive 95/45/EC for mixed carotenes (E160a (i)); whereas it is consequently necessary to adapt this Directive;(4) Whereas it is appropriate to take into account the specifications and analytical techniques for colours as set out in the Codex Alimentarius and the Joint FAO/WHO Expert Committee on Food Additives (JECFA);(5) Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs;HAS ADOPTED THIS DIRECTIVE:Article 1Directive 95/45/EC is hereby amended as follows:In the Annex part B the chapter concerning E 160a (i) Mixed Carotenes is replaced by the text of the Annex to this Directive.Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1.7.2000. They shall immediately inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.Article 3This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 41. This Directive is addressed to the Member States.Done at Brussels, 22 July 1999.For the CommissionKarel VAN MIERTMember of the Commission(1) OJ L 40, 11.2.1989, p. 27.(2) OJ L 237, 10.9.1994, p. 1.(3) OJ L 237, 10.9.1994, p. 13.(4) OJ L 226, 22.9.1995, p. 1.ANNEX"E 160a (i) mixed carotenes1. PLANT CAROTENES>TABLE>2. ALGAL CAROTENES>TABLE>"


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31999L0060

Council Directive 1999/60/EC of 17 June 1999 amending Directive 78/660/EEC as regards amounts expressed in ecus

Official Journal L 162 , 26/06/1999 P. 0065 - 0066

COUNCIL DIRECTIVE 1999/60/ECof 17 June 1999amending Directive 78/660/EEC as regards amounts expressed in ecusTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 44(3)(g) of the Treaty on the annual accounts of certain types of companies(1), and in particular Article 53(2) thereof,Having regard to the proposal from the Commission.(1) Whereas Articles 11 and 27 of Directive 78/660/EEC and, by way of reference, Article 6 of Directive 83/349/EEC(2) and Articles 20 and 21 of Directive 84/253/EEC(3) contain thresholds expressed in ecus for the balance sheet total and the net turnover within which Member States may grant derogations from the said Directives;(2) Whereas, in accordance with Article 53(2) of Directive 78/660/EEC, every five years the Council, acting on a proposal from the Commission, is to examine and, if need be, revise the amounts expressed in ecus in that Directive, in the light of economic and monetary trends in the Community;(3) Whereas to date the Council, in accordance with Article 53(2) of Directive 78/660/EEC, has on three occasions revised the amounts expressed in ecus by means of Directives 84/569/EEC(4), 90/604/EEC(5) and 94/8/EC(6);(4) Whereas the fourth five-year period following the adoption of Directive 78/660/EEC on 25 July 1978 ended on 24 July 1998 and a review of those amounts is thus justified;(5) Whereas, over the last five years, the ecu has lost part of its value, measured in real terms; whereas, on the basis of the economic and monetary trends in the Community, an increase in the amounts expressed in ecus is necessary;(6) Whereas Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro(7), provides that as from 1 January 1999, the currency of participating Member States shall be the euro and that the euro shall be substituted for the currency of each participating Member State at the fixed conversion rate; whereas Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro(8) provides that during the transitional period (1 January 1999 to 31 December 2001) the euro is to be divided into national currency units according to the conversion rates; whereas it is therefore appropriate that amounts in this Directive be expressed in euro; whereas amounts in euro appearing in this Directive are to be converted into the national currency units of Member States adopting the euro according to the conversion rates; whereas amounts in euro appearing in this Directive are to converted into the national currency of Member States not adopting the euro according to the exchange rate published in the Official Journal of the European Communities of 4 January 1999,HAS ADOPTED THIS DIRECTIVE:Article 11. Article 11 of Directive 78/660/EEC is hereby amended as follows:- in the first indent "balance sheet total: ECU 2500000" shall be replaced by "balance sheet total: EUR 3125000";- in the second indent "net turnover: ECU 5000000" shall be replaced by "net turnover: EUR 6250000";2. Article 27 of Directive 78/660/EEC is hereby amended as follows:- in the first indent "balance sheet total: ECU 10000000" shall be replaced by "balance sheet total: EUR 12500000";- in the second indent "net turnover: ECU 20000000" shall be replaced by "net turnover: EUR 25000000";3. The revision of the amonts referred to in paragraphs 1 and 2 shall constitute the fourth five-yearly revision provided for in Article 53(2) of Directive 78/660/EEC.Article 2For Member States not adopting the euro, the equivalent amount in national currency shall be that obtained by applying the exchange rate published in the Official Journal of the European Communities published on 4 January 1999.Article 31. Those Member States which intend to make use of the option provided for in Articles 11 and 27 of Directive 78/660/EEC, as amended by this Directive, shall bring into force the measures necessary for them to comply with this Directive at any time after its publication. They shall forthwith inform the Commission thereof.2. 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.3. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the date of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Luxembourg, 17 June 1999.For the CouncilThe PresidentF. MÜNTEFERING(1) OJ L 222, 14.8.1978, p. 11. Directive as last amended by Directive 94/8/EC (OJ L 82, 25.3.1994, p. 33).(2) OJ L 193, 18.7.1983, p. 1.(3) OJ L 126, 12.5.1984, p. 20.(4) OJ L 314, 4.12.1984, p. 28.(5) OJ L 317, 16.11.1990, p. 57.(6) OJ L 82, 25.3.1994, p. 33.(7) OJ L 139, 11.5.1998, p. 1.(8) OJ L 162, 19.6.1997, p. 1.