Avis juridique important

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31994L0062

European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste

Official Journal L 365 , 31/12/1994 P. 0010 - 0023 Finnish special edition: Chapter 15 Volume 13 P. 0266  Swedish special edition: Chapter 15 Volume 13 P. 0266

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/62/EC of 20 December  1994 on packaging and packaging wasteTHE 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), Whereas the differing national measures concerning the management of packaging and packaging waste  should be harmonized in order, on the one hand, to prevent any impact thereof on the environment or  to reduce such impact, thus providing a high level of environmental protection, and, on the other  hand, to ensure the functioning of the internal market and to avoid obstacles to trade and  distortion and restriction of competition within the Community; Whereas the best means of preventing the creation of packaging waste is to reduce the overall  volume of packaging; Whereas it is important, in relation of the objectives of this Directive, to respect the general  principle that measures taken in one Member State to protect the environment should not adversely  affect the ability of other Member States to achieve the objectives of the Directive; Whereas the reduction of waste is essential for the sustainable growth specifically called for by  the Treaty on European Union; Whereas this Directive should cover all types of packaging placed on the market and all packaging  waste; whereas; therefore, Council Directive 85/339/EEC of 27 June 1985 on containers of liquids  for human consumption (4) should be repealed; Whereas packaging has a vital social and economic function and therefore measures provided for in  this Directive should apply without prejudice to other relevant legislative requirements affecting  quality and transport of packaging or packaged goods; Whereas, in line with the Community strategy for waste management set out in Council resolution of  7 May 1990 on waste policy (5) and Council Directive 75/442/EEC of 15 July 1975 on waste (6), the  management of packaging and packaging waste should include as a first priority, prevention of  packaging waste and, as additional fundamental principles, reuse of packaging, recycling and other  forms of recovering packaging waste and, hence, reduction of the final disposal of such waste; Whereas, until scientific and technological progress is made with regard to recovery processes,  reuse and recycling should be considered preferable in terms of environmental impact; whereas this  requires the setting up in the Member States of systems guaranteeing the return of used packaging  and/or packaging waste; whereas life-cycle assessments should be completed as soon as possible to  justify a clear hierarchy between reusable, recyclable and recoverable packaging; Whereas prevention of packaging waste shall be carried out through appropriate measures, including  initiatives taken within the Member States in accordance with the objectives of this Directive; Whereas Member States may encourage, in accordance with the Treaty, reuse systems of packaging  which can be reused in an environmentally sound manner, in order to take advantage of the  contribution of such systems to environmental protection; Whereas from an environmental point of view recycling should be regarded as an important part of  recovery with a particular view to reducing the consumption of energy and of primary raw materials  and the final disposal of waste; Whereas energy recovery is one effective means of packaging waste recovery; Whereas targets set in Member States for the recovery and recycling of packaging waste should be  confined within certain ranges so as to take account of the different situations in Member States  and to avoid creating barriers to trade and distortion of competition; Whereas, in order to achieve results in the medium term and to give economic operators, consumers  and public authorities the necessary perspective for the longer term, a medium-term deadline should  be set for attaining the aforementioned targets and a long-term deadline set for targets to be  determined at a later stage with a view to substantially increasing those targets; Whereas the European Parliament and the Council should, on the basis of reports by the Commission,  examine the practical experience gained in Member States in working towards the aforementioned  targets and the findings of scientific research and evaluation techniques such as eco-balances; Whereas Member States which have, or will set, programmes going beyond such target ranges should be  permitted to pursue those targets in the interest of a high level of environmental protection on  condition shat such measures avoid disturbances on the internal market and do not prevent other  Member States from complying with this Directive; whereas the Commission should confirm such  measures after appropriate verification; Whereas, on the other hand, certain Member States may be allowed to adopt lower targets because of  the specific circumstances in those Member States, on condition that they achieve a minimum target  for recovery within the standard deadline, and the standard targets by a later deadline; Whereas the management of packaging and packaging waste requires the Member States to set up  return, collection and recovery systems; whereas such systems should be open to the participation  of all interested parties and be designed to avoid discrimination against imported products and  barriers to trade or distortions of competition and to guarantee the maximum possible return of  packaging and packaging waste, in accordance with the Treaty; Whereas the issue of Community marking of packaging requires further study, but should be decided  by the Community in the near future; Whereas, in order to minimize the impact of packaging and packaging waste on the environment and to  avoid barriers to trade and distortion of competition, it is also necessary to define the essential  requirements governing the composition and the reusable and recoverable (including recyclable)  nature of packaging; Whereas the presence of noxious metals and other substances in packaging should be limited in view  of their environmental impact (in particular in the light of their likely presence in emissions or  ash when packaging is incinerated, or in leachate when packaging is landfilled); whereas it is  essential, as a first step towards reducing the toxicity of packaging waste, to prevent the  addition of noxious heavy metals to packaging and ensure that such substances are not released into  the environment, with appropriate exemptions which should be determined by the Commission in  specific cases under a Committee procedure; Whereas, if a high level of recycling is to be attained and health and safety problems are to be  avoided by those employed to collect and process packaging waste, it is essential for such waste to  be sorted at source; Whereas the requirements for the manufacturing of packaging should not apply to packaging used for  a given product before the date of entry into force of this Directive; whereas a transition period  for the marketing of packaging is also required; Whereas the timing of the provision on the placing on the market of packaging which meets all  essential requirements should take account of the fact that European standards are being prepared  by the competent standardization body; whereas, however, the provisions on means of proof of  conformity of national standards should apply without delay; Whereas the preparation of European standards for essential requirements and other related issues  should be promoted; Whereas the measures provided for in this Directive imply the development of recovery and recycling  capacities and market outlets for recycled packaging materials; Whereas the inclusion of recycled material in packaging should not contradict relevant provisions  on hygiene, health and consumer safety; Whereas Community-wide data on packaging and packaging waste are needed in order to monitor the  implementation of the objectives of this Directive; Whereas it is essential that all those involved in the production, use, import and distribution of  packaging and packaged products become more aware of the extent to which packaging becomes waste,  and that in accordance with the polluter-pays principle they accept responsibility for such waste;  whereas the development and implementation of the measures provided for in this Directive should  involve and require the close cooperation of all the partners, where appropriate, within a spirit  of shared responsibility; Whereas consumers play a key role in the management of packaging and packaging waste and thus have  to be adequately informed in order to adapt their behaviour and attitudes; Whereas the inclusion of a specific chapter on the management of packaging and packaging waste in  the waste management plans required pursuant to Directive 75/442/EEC will contribute to the  effective implementation of this Directive; Whereas, in order to facilitate the achievement of the objectives of this Directive, it may be  appropriate for the Community and the Member States to use economic instruments in accordance with  the provisions of the Treaty, so as to avoid new forms of protectionism; Whereas Member States should, without prejudice to Council Directive 83/189/EEC of 28 March 1983  laying down a procedure for the provision of information in the field of technical standards and  regulations (1), notify the Commission of drafts of any measures they intend to adopt before  adopting them, so that it can be established whether or not they comply with the Directive; Whereas the adaptation to scientific and technical progress of the packaging identification system  and the formats relating to a database system should be ensured by the Commission under a committee  procedure; Whereas it is necessary to provide for specific measures to be taken to deal with any difficulties  encountered in the implementation of this Directive in accordance, where appropriate, with the same  committee procedure, HAVE ADOPTED THIS DIRECTIVE: Article 1 Objectives 1.  This Directive aims to harmonize national measures concerning the management of packaging and  packaging waste in order, on the one hand, to prevent any impact thereof on the environment of all  Member States as well as of third countries or to reduce such impact, thus providing a high level  of environmental protection, and, on the other hand, to ensure the functioning of the internal  market and to avoid obstacles to trade and distortion and restriction of competition within the  Community. 2.  To this end this Directive lays down measures aimed, as a first priority, at preventing the  production of packaging waste and, as additional fundamental principles, at reusing packaging, at  recycling and other forms of recovering packaging waste and, hence, at reducing the final disposal  of such waste. Article 2 Scope 1.  This Directive covers all packaging placed on the market in the Community and all packaging  waste, whether it is used or released at industrial, commercial, office, shop, service, household  or any other level, regardless of the material used. 2.  This Directive shall apply without prejudice to existing quality requirements for packaging  such as those regarding safety, the protection of health and the hygiene of the packed products or  to existing transport requirements or to the provisions of Council Directive 91/689/EEC of 12  December 1991 on hazardous waste (2). Article 3 Definitions For the purposes of this Directive: 1. 'packaging` shall mean all products made of any materials of any nature to be used for the  containment, protection, handling, delivery and presentation of goods, from raw materials to  processed goods, from the producer to the user or the consumer. 'Non-returnable` items used for the  same purposes shall also be considered to constitute packaging. 'Packaging` consists only of: (a) sales packaging or primary packaging, i. e. packaging conceived so as to constitute a sales  unit to the final user or consumer at the point of purchase; (b) grouped packaging or secondary packaging, i. e. packaging conceived so as to constitute at the  point of purchase a grouping of a certain number of sales units whether the latter is sold as such  to the final user or consumer or whether it serves only as a means to replenish the shelves at the  point of sale; it can be removed from the product without affecting its characteristics; (c) transport packaging or tertiary packaging, i. e. packaging conceived so as to facilitate  handling and transport of a number of sales units or grouped packagings in order to prevent  physical handling and transport damage. Transport packaging does not include road, rail, ship and  air containers; 2. 'packaging waste` shall mean any packaging or packaging material covered by the definition of  waste in Directive 75/442/EEC, excluding production residues; 3. 'packaging waste management` shall mean the management of waste as defined in Directive  75/442/EEC; 4. 'prevention` shall mean the reduction of the quantity and of the harmfulness for the environment  of: - materials and substances contained in packaging and packaging waste, - packaging and packaging waste at production process level and at the marketing, distribution,  utilization and elimination stages, in particular by developing 'clean` products and technology; 5. 'reuse` shall mean any operation by which packaging, which has been conceived and designed to  accomplish within its life cycle a minimum number of trips or rotations, is refilled or used for  the same purpose for which it was conceived, with or without the support of auxiliary products  present on the market enabling the packaging to be refilled; such reused packaging will become  packaging waste when no longer subject to reuse; 6. 'recovery` shall mean any of the applicable operations provided for in Annex II.B to Directive  75/442/EEC; 7. 'recycling` shall mean the reprocessing in a production process of the waste materials for the  original purpose or for other purposes including organic recycling but excluding energy recovery; 8. 'energy recovery` shall mean the use of combustible packaging waste as a means to generate  energy through direct incineration with or without other waste but with recovery of the heat; 9. 'organic recycling` shall mean the aerobic (composting) or anaerobic (biomethanization)  treatment, under controlled conditions and using micro-organisms, of the biodegradable parts of  packaging waste, which produces stabilized organic residues or methane. Landfill shall not be  considered a form of organic recycling; 10. 'disposal` shall mean any of the applicable operations provided for in Annex II.A to Directive  75/442/EEC; 11. 'economic operators` in relation to packaging shall mean suppliers of packaging materials,  packaging producers and converters, fillers and users, importers, traders and distributors,  authorities and statutory organizations; 12. 'voluntary agreement` shall mean the formal agreement concluded between the competent public  authorities of the Member State and the economic sectors concerned, which has to be open to all  partners who wish to meet the conditions of the agreement with a view to working towards the  objectives of this Directive. Article 4 Prevention 1.  Member States shall ensure that, in addition to the measures to prevent the formation of  packaging waste taken in accordance with Article 9, other preventive measures are implemented. Such  other measures may consist of national programmes or similar actions adopted, if appropriate in  consultation with economic operators, and designed to collect and take advantage of the many  initiatives taken within Member States as regards prevention. They shall comply with the objectives  of this Directive as defined in Article 1 (1). 2.  The Commission shall help to promote prevention by encouraging the development of suitable  European standards, in accordance with Article 10. Article 5 Member States may encourage reuse systems of packaging, which can be reused in an  environmentally sound manner, in conformity with the Treaty. Article 6 Recovery and recycling 1.  In order to comply with the objectives of this Directive, Member States shall take the  necessary measures to attain the following targets covering the whole of their territory; (a) no later than five years from the date by which this Directive must be implemented in national  law, between 50 % as a minimum and 65 % as a maximum by weight of the packaging waste will be  recovered; (b) within this general target, and with the same time limit, between 25 % as a minimum and 45 % as  a maximum by weight of the totality of packaging materials contained in packaging waste will be  recycled with a minimum of 15 % by weight for each packaging material; (c) no later than 10 years from the date by which this Directive must be implemented in national  law, a percentage of packaging waste will be recovered and recycled, which will have to be  determined by the Council in accordance with paragraph 3 (b) with a view to substantially  increasing the targets mentioned in paragraphs (a) and (b). 2.  Member States shall, where appropriate, encourage the use of materials obtained from recycled  packaging waste for the manufacturing of packaging and other products. 3. (a) The European Parliament and the Council shall, on the basis of an interim report by the  Commission, and four years from the date referred to in paragraph 1 (a) on the basis of a final  report, examine the practical experience gained in the Member States in the pursuance of the  targets and objective laid down in paragraphs 1 (a) and (b) and 2 and the findings of scientific  research and evaluation techniques such as eco-balances. (b) No later than six months before the end of the first five-year phase referred to in paragraph 1  (a) the Council shall, acting by qualified majority and on a proposal from the Commission, fix  targets for the second five-year phase referred to in paragraph 1 (c). This process shall be  repeated every five years thereafter. 4.  The measures and targets referred to in paragraph 1 (a) and (b) shall be published by the  Member States and shall be the subject of an information campaign for the general public and  economic operators. 5.  Greece, Ireland and Portugal may, because of their specific situation, i. e. respectively the  large number of small islands, the presence of rural and mountain areas and the current low level  of packaging consumption, decide to: (a) attain, no later than five years from the date of implementation of this Directive, lower  targets than those fixed in paragraph 1 (a) and (b), but shall at least attain 25 % for recovery; (b) postpone at the same time the attainment of the targets in paragraph 1 (a) and (b) to a later  deadline which, however, shall not exceed 31 December 2005. 6.  Member States which have, or will, set programmes going beyond the targets of paragraph 1 (a)  and (b) and which provide to this effect appropriate capacities for recycling and recovery, are  permitted to pursue those targets in the interest of a high level of environmental protection, on  condition that these measures avoid distortions of the internal market and do not hinder compliance  by other Member States with the Directive. Member States shall inform the Commission thereof. The  Commission shall confirm these measures, after having verified, in cooperation with the Member  States, that they are consistent with the considerations above and do not constitute an arbitrary  means of discrimination or a disguised restriction on trade between Member States. Article 7 Return, collection and recovery systems 1.  Member States shall take the necessary measures to ensure that systems are set up to provide  for: (a) the return and/or collection of used packaging and/or packaging waste from the consumer, other  final user, or from the waste stream in order to channel it to the most appropriate waste  management alternatives; (b) the reuse or recovery including recycling of the packaging and/or packaging waste collected, in order to meet the objectives laid down in this Directive. These systems shall be open to the participation of the economic operators of the sectors concerned  and to the participation of the competent public authorities. They shall also apply to imported  products under non-discriminatory conditions, including the detailed arrangements and any tariffs  imposed for access to the systems, and shall be designed so as to avoid barriers to trade or  distortions of competition in conformity with the Treaty. 2.  The measures referred to in paragraph 1 shall form part of a policy covering all packaging and  packaging waste and shall take into account, in particular, requirements regarding the protection  of environmental and consumer health, safety and hygiene; the protection of the quality,the  authenticity and the technical characteristics of the packed goods and materials used; and the  protection of industrial and commercial property rights. Article 8 Marking and identification system 1.  The Council shall, in accordance with the conditions laid down in the Treaty, decide no later  than two years after the entry into force of this Directive on the marking of packaging. 2.  To facilitate collection, reuse and recovery including recycling, packaging shall indicate for  purposes of its identification and classification by the industry concerned the nature of the  packaging material(s) used. To that end, the Commission shall, not later than 12 months after the entry into force of this  Directive determine, on the basis of Annex I and in accordance with the procedure laid down in  Article 21, the numbering and abbreviations on which the identification system is based and shall  specify which materials shall be subject to the identification system in accordance with the same  procedure. 3.  Packaging shall bear the appropriate marking either on the packaging itself or on the label. It  shall be clearly visible and easily legible. The marking shall be appropriately durable and  lasting, including when the packaging is opened. Article 9 Essential requirements 1.  Member States shall ensure that three years from the date of the entry into force of this  Directive, packaging may be placed on the market only if it complies with all essential  requirements defined by this Directive including Annex II. 2.  Member States shall, from the date set out in Article 22 (1), presume compliance with all  essential requirements set out in this Directive including Annex II in the case of packaging which  complies: (a) with the relevant harmonized standards, the reference numbers of which have been published in  the Official Journal of the European Communities. Member States shall publish the reference numbers  of national standards transposing these harmonized standards; (b) with the relevant national standards referred to in paragraph 3 in so far as, in the areas  covered by such standards, no harmonized standards exist. 3.  Member States shall communicate to the Commission the text of their national standards, as  referred to in paragraph 2 (b), which they deem to comply with the requirements referred to in this  Article. The Commission shall forward such texts forthwith to the other Member States. Member States shall publish the references of these standards. The Commission shall ensure that  they are published in the Official Journal of the European Communities. 4.  Where a Member State or the Commission considers that the standards referred to in paragraph 2  do not entirely meet the essential requirements referred to in paragraph 1, the Commission or the  Member State concerned shall bring the matter before the Committee set up by Directive 83/189/EEC  giving the reasons therefor. This Committee shall deliver an opinion without delay. In the light of the Committee's opinion, the Commission shall inform Member States whether or not  it is necessary to withdraw those standards from the publications referred to in paragraphs 2 and  3. Article 10 Standardization The Commission shall promote, as appropriate, the preparation of European standards relating to the  essential requirements referred to in Annex II. The Commission shall promote, in particular, the preparation of European standards relating to: - criteria and methodologies for life-cycle analysis of packaging, - the methods for measuring and verifying the presence of heavy metals and other dangerous  substances in the packaging and their release into the environment from packaging and packaging  waste, - criteria for a minimum content of recycled material in packaging for appropriate types of  packaging, - criteria for recycling methods, - criteria for composting methods and produced compost, - criteria for the marking of packaging. Article 11 Concentration levels of heavy metals present in packaging 1.  Member States shall ensure that the sum of concentration levels of lead, cadmium, mercury and  hexavalent chromium present in packaging or packaging components shall not exceed the following: - 600 ppm by weight two years after the date referred to in Article 22 (i); - 250 ppm by weight three years after the date referred to in Article 22 (i); - 100 ppm by weight five years after the date referred to in Article 22 (i). 2.  The concentration levels referred to in paragraph 1 shall not apply to packaging entirely made  of lead crystal glass as defined in Directive 69/493/EEC (1). 3.  The Commission shall, in accordance with the procedure laid down in Article 21, determine: - the conditions under which the above concentration levels will not apply to recycled materials  and to product loops which are in a closed and controlled chain, - the types of packaging which are exempted from the requirement referred to in paragraph 1, third  indent. Article 12 Information systems 1.  Member States shall take the necessary measures to ensure that databases on packaging and  packaging waste are established, where not already in place, on a harmonized basis in order to  contribute to enabling Member States and the Commission to monitor the implementation of the  objectives set out in this Directive. 2.  To this effect, the databases shall provide in particular information on the magnitude,  characteristics and evolution of the packaging and packaging waste flows (including information on  the toxicity or danger of packaging materials and components used for their manufacture) at the  level of individual Member States. 3.  In order to harmonize the characteristics and presentation of the data produced and to make the  data of the Member States compatible, Member States shall provide the Commission with their  available data by means of formats which shall be adopted by the Commission one year from the date  of entry into force of this Directive on the basis of Annex III, in accordance with the procedure  laid down in Article 21. 4.  Member States shall take into account the particular problems of small and medium-sized  enterprises in providing detailed data. 5.  The data obtained shall be made available with the national reports referred to in Article 17  and shall be updated in subsequent reports. 6.  Member States shall require all economic operators involved to provide competent authorities  with reliable data on their sector as required in this Article. Article 13 Information for users of packaging Member States shall take measures, within two years of the date referred to in Article 22 (1), to  ensure that users of packaging, including in particular consumers, obtain the necessary information  about: - the return, collection and recovery systems available to them, - their role in contributing to reuse, recovery and recycling of packaging and packaging waste, - the meaning of markings on packaging existing on the market, - the appropriate elements of the management plans for packaging and packaging waste as referred to  in Article 14. Article 14 Management Plans In pursuance of the objectives and measures referred to in this Directive, Member States shall  include in the waste management plans required pursuant to Article 17 of Directive 75/442/EEC, a  specific chapter on the management of packaging and packaging waste, including measures taken  pursuant to Articles 4 and 5. Article 15 Economic instruments Acting on the basis of the relevant provisions of the Treaty, the Council adopts economic  instruments to promote the implementation of the objectives set by this Directive. In the absence  of such measures, the Member States may, in accordance with the principles governing Community  environmental policy, inter alia, the polluter-pays principle, and the obligations arising out of  the Treaty, adopt measures to implement those objectives. Article 16 Notification 1.  Without prejudice to Directive 83/189/EEC, before adopting such measures, Member States shall  notify the drafts of measures which they intend to adopt within the framework of this Directive to  the Commission, excluding measures of a fiscal nature, but including technical specifications  linked to fiscal measures which encourage compliance with such technical specifications, in order  to permit the latter to examine them in the light of existing provisions following in each case the  procedure under the above Directive. 2.  If the proposed measure is also a technical matter within the meaning of Directive 83/189/EEC,  the Member State concerned may indicate, when following the notification procedures referred to in  this Directive, that the notification is equally valid for Directive 83/189/EEC. Article 17 Obligation to report Member States shall report to the Commission on the application of this Directive in accordance  with Article 5 of Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing  reports on the implementation of certain Directives relating to the environment (1). The first  report shall cover the period 1995 to 1997. Article 18 Freedom to place on the market Member States shall not impede the placing on the market of their territory of packaging which  satisfies the provisions of this Directive. Article 19 Adaptation to scientific and technical progress The amendments necessary for adapting to scientific and technical progress the identification  system - as referred to in Article 8 (2), Annex I and Article 10, last indent - and the formats  relating to the database system - as referred to in Article 12 (3) and Annex III - shall be adopted  in accordance with the procedure laid down in Article 21. Article 20 Specific measures 1.  The Commission, in accordance with the procedure laid down in Article 21, shall determine the  technical measures necessary to deal with any difficulties encountered in applying the provisions  of this Directive in particular to primary packaging for medical devices and pharmaceutical  products, small packaging and luxury packaging. 2.  The Commission shall also present a report to the European Parliament and the Council on any  other measure to be taken, if appropriate accompanied by a proposal. Article 21 Committee procedure 1.  The Commission shall be assisted by a committee composed of the representatives of the Member  States and chaired by the representative of the Commission. 2.  The representative of the Commission shall submit to the committee a draft of the measures to  be taken. The committee shall deliver its opinion on the draft within a time limit which the  chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the committee shall be weighted in the manner set out in that Article. The chairman  shall not vote. 3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion  of the committee. (b) >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, submit to the Council a proposal  relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period which may in no case exceed three months from the date of referral to  the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 22 Implementation in national law 1.  Member States shall bring into force the laws, regulations and administrative provisions  necessary to comply with this Directive before 30 June 1996. They shall immediately 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  for making such reference shall be laid down by the Member States. 3.  In addition, Member States shall communicate to the Commission all existing laws, regulations  and administrative provisions adopted within the scope of this Directive. 4.  The requirements for the manufacturing of packaging shall in no case apply to packaging used  for a given product before the date of entry into force of this Directive. 5.  Member States shall, for a period not exceeding five years from the date of the entry into  force of the present Directive, allow the placing on the market of packaging manufactured before  this date and which is in conformity with their existing national law. Article 23 Directive 85/339/EEC is hereby repealed with effect from the date referred to in  Article 22 (1). Article 24 This Directive shall enter into force on the day of its publication in the Official  Journal of the European Communities. Article 25 This Directive is addressed to the Member States. Done at Brussels, 20 December 1994. For the European Parliament The President K. HAENSCH For the Council The President K. KINKEL (1) OJ No C 263, 12. 10. 1992, p. 1 and OJ No C 285, 21. 10. 1993, p. 1. (2) OJ No C 129, 10. 5. 1993, p. 18. (3) Opinion of the European Parliament of 23 June 1993 (OJ No C 194, 19. 7. 1993, p. 177), common  position of the Council of 4 March 1994 (OJ No C 137, 19. 5. 1994, p. 65) and Decision of the  European Parliament of 4 May 1994 (OJ No C 205, 25. 7. 1994, p. 163). Confirmed on 2 December 1993  (OJ No C 342, 20. 12. 1993, p. 15). Joint text of the Conciliation Committee of 8 November 1994. (4) OJ No L 176, 6. 7. 1985, p. 18. Directive as amended by Directive 91/629/EEC (OJ No L 377, 31.  12. 1991, p. 48). (5) OJ No C 122, 18. 5. 1990, p. 2. (6) OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Directive 91/156/EEC (OJ No L 78,  26. 3. 1991, p. 32). (1) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Directive 92/400/EEC (OJ No L 221,  6. 8. 1992, p. 55). (2) OJ No L 377, 31. 12. 1991, p. 20. (1) OJ No L 326, 29. 12. 1969, p. 36. (1) OJ No L 377, 31. 12. 1991, p. 48.  ANNEX I IDENTIFICATION SYSTEM The numbering used shall be from 1 to 19 for plastic,  from 20 to 39 for paper and cardboard, from 40 to 49 for metal, from 50 to 59 for wood, from 60 to  69 for textiles and from 70 to 79 for glass. The identification system may also use the abbreviation for the relevant material(s) (e. g. HDPE:  high density polyethylene). Materials may be identified by a numbering system and/or abbreviation.  The identification marks shall appear in the centre of or below the graphical marking indicating  the reusable or recoverable nature of the packaging.  ANNEX II ESSENTAIL REQUIREMENTS ON THE COMPOSITION AND THE REUSABLE AND RECOVERABLE,  INCLUDING RECYCLABLE, NATURE OF PACKAGING 1. Requirements specific to the manufacturing and  composition of packaging - Packaging shall be so manufactured that the packaging volume and weight be limited to the minimum  adequate amount to maintain the necessary level of safety, hygiene and acceptance for the packed  product and for the consumer. - Packaging shall be designed, produced and commercialized in such a way as to permit its reuse or  recovery, including recycling, and to minimize its impact on the environment when packaging waste  or residues from packaging waste management operations are disposed of. - Packaging shall be so manufactured that the presence of noxious and other hazardous substances  and materials as constituents of the packaging material or of any of the packaging components is  minimized with regard to their presence in emissions, ash or leachate when packaging or residues  from management operations or packaging waste are incinerated or landfilled. 2. Requirements specific to the reusable nature of packaging The following requirements must be simultaneously satisfied: - the physical properties and characteristics of the packaging shall enable a number of trips or  rotations in normally predictable conditions of use, - possiblity of processing the used packaging in order to meet health and safety requirements for  the workforce, - fulfil the requirements specific to recoverable packaging when the packaging is no longer reused  and thus becomes waste. 3. Requirements specific to the recoverable nature of packaging (a) Packaging recoverable in the form of material recycling Packaging must be manufactured in such a way as to enable the recycling of a certain percentage by  weight of the materials used into the manufacture of marketable products, in compliance with  current standards in the Community. The establishment of this percentage may vary, depending on the  type of material of which the packaging is composed. (b) Packaging recoverable in the form of energy recovery Packaging waste processed for the purpose of energy recovery shall have a minimum inferior  calorific value to allow optimization of energy recovery. (c) Packaging recoverable in the form of composting Packaging waste processed for the purpose of composting shall be of such a biodegradable nature  that it should not hinder the separate collection and the composting process or activity into which  it is introduced. (d) Biodegradable packaging Biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical,  chemical, thermal or biological decomposition such that most of the finished compost ultimately  decomposes into carbon dioxide, biomass and water.  ANNEX III DATA TO BE INCLUDED BY MEMBER STATES IN THEIR DATABASES ON PACKAGING AND  PACKAGING WASTE (IN ACCORDANCE WITH TABLES 1 TO 4) 1. For primary, secondary and tertiary  packaging: (a) quantities, for each broad category of material, of packaging consumed within the country  (produced + imported − exported) (Table 1); (b) quantities reused (Table 2). 2. For household and non-household packaging waste: (a) quantities for each broad category of material, recovered and disposed of within the country  (produced + imported − exported) (Table 3); (b) quantities recycled and quantities recovered for each broad category of material (Table 4). >TABLE>>TABLE>>TABLE>>TABLE>


title: Commission Directive 2005/54/EC of 19 September 2005 amending Council Directive 91/414/EEC to include tribenuron as active substance   (Text with EEA relevance)

text:
               20.9.2005

               EN

               Official Journal of the European Union

               L 244/21

      COMMISSION DIRECTIVE 2005/54/EC
   of 19 September 2005
   amending Council Directive 91/414/EEC to include tribenuron as active substance
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 703/2001 (3) lay down the detailed rules for the implementation of the second stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes tribenuron.

               (2)

               For tribenuron the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 703/2001 for a range of uses proposed by the notifiers. Moreover, those regulations designate the Rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 8(1) of Regulation (EC) No 451/2000. For tribenuron (in the form of tribenuron-methyl) the Rapporteur Member State was Sweden and all relevant information was submitted on 19 June 2003.

               (3)

               The assessment report has been peer reviewed by the Member States and the EFSA within its Working Group Evaluation and presented to the Commission on 19 October 2004 in the format of the EFSA Scientific Report for tribenuron (4). This report has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 15 February 2005 in the format of the Commission review report for tribenuron.

               (4)

               It has appeared from the various examinations made that plant protection products containing tribenuron may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include tribenuron in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.

               (5)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

               (6)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing tribenuron to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (7)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (8)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (9)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 31 August 2006 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 September 2006.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing tribenuron as an active substance by 31 August 2006.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to tribenuron are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By derogation from paragraph 1, for each authorised plant protection product containing tribenuron as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 28 February 2006 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning tribenuron. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing tribenuron as the only active substance, where necessary, amend or withdraw the authorisation by 28 February 2010 at the latest; or

               (b)

               in the case of a product containing tribenuron as one of several active substances, where necessary, amend or withdraw the authorisation by 28 February 2010 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 4
   This Directive shall enter into force on 1 March 2006.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 19 September 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation (EC) No 396/2005 of the European Parliament and of the Council (OJ L 70, 16.3.2005, p. 1).

      (2)  OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

      (3)  OJ L 98, 7.4.2001, p. 6.

      (4)  EFSA Scientific Report (2004) 15, 1-52o, Peer review of the pesticide risk assessment of tribenuron (finalised: 19 October 2004).

      (5)  OJ L 366, of 15.12.1992, p. 10. Regulation as last amended by Regulation (EC) No 2266/2000 (OJ L 259, 13.10.2000, p. 27).

      ANNEX
      The following entry shall be added at the end of the table in Annex I to Directive 91/414/EC.

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘107

                     Tribenuron
                     CAS No 106040-48-6 (tribenuron)
                     CIPAC No 546

                     2-[4-methoxy-6-methyl-1,3,5-triazin-2-yl(methyl)carbamoylsulfamoyl]benzoic acid

                     950 g/kg (expressed as tribenuron-methyl)

                     1 March 2006

                     28 February 2016

                     PART A
                     Only uses as herbicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on tribenuron , and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 15 February 2005 shall be taken into account. In this overall assessment Member States must pay particular attention to the protection of non-target terrestrial plants, higher aquatic plants and groundwater in vulnerable situations. Conditions of authorisation should include risk mitigation measures, where appropriate.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


Avis juridique important

|

31993L0119

Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing

Official Journal L 340 , 31/12/1993 P. 0021 - 0034 Finnish special edition: Chapter 3 Volume 55 P. 0194  Swedish special edition: Chapter 3 Volume 55 P. 0194

COUNCIL DIRECTIVE 93/119/ECof 22 December 1993on the  protection of animals at the time of slaughter or killingTHE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty establishing the European 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 Council Directive 74/577/EEC (4) established rules on the stunning of animals before  slaughter; Whereas the European Convention for the Protection of Animals for Slaughter was approved on behalf  of the Community by Council Decision 88/306/EEC (5); whereas the scope of the Convention is wider  than existing Community rules on the matter; Whereas national laws concerning the protection of animals at the time of slaughter or killing have  an impact on the conditions of competition and accordingly on the operation of the common market in  agricultural products; Whereas there is therefore a need to establish common minimum standards for the protection of  animals at the time of slaughter or killing in order to ensure rational development of production  and to facilitate the completion of the internal market in animals and animal products; Whereas at the time of slaughter or killing animals should be spared any avoidable pain or  suffering; Whereas, however, it is necessary to allow for technical and scientific experiments to be carried  out and to take account of the particular requirements of certain religious rites; Whereas the rules should also ensure satisfactory protection, at the time of slaughter or killing,  for animals not covered by the Convention; Whereas in the declaration on the protection of animals annexed to the Final Act of the Treaty on  European Union, the Conference calls upon the European Parliament, the Council and the Commission,  as well as the Member States, when drafting and implementing Community legislation on the common  agricultural policy, to pay full regard to the welfare requirements of animals; Whereas in so doing Community action must comply with the requirements arising out of the principle  of subsidiarity laid down in Article 3b of the Treaty; Whereas Directive 74/577/EEC should be repealed, HAS ADOPTED THIS DIRECTIVE: CHAPTER I General provisions Article 11. This Directive shall apply to the  movement, lairaging, restraint, stunning, slaughter and killing of animals bred and kept for the  production of meat, skin, fur or other products and to methods of killing animals for the purpose  of disease control. 2. It shall not apply to: - technical or scientific experiments relating to the procedures mentioned in paragraph 1, carried  out under the supervision of the competent authority, - animals which are killed in cultural or sports events, - wild game killed in accordance with Article 3 of Directive 92/45/EEC. Article 2For the purposes of this Directive the following definitions shall apply: 1. slaughterhouse: any premises, including facilities for moving or lairaging animals, used for the  commercial slaughter of animals referred to in Article 5 (1); 2. movement: unloading of animals or driving of them from unloading platforms, stalls or pens at  slaughterhouses to the premises or place where they are to be slaughtered; 3. lairaging: keeping animals in stalls, pens, covered areas or fields used by slaughterhouses in  order to give them any necessary attention (water, fodder, rest) before they are slaughtered; 4. restraint: the application to an animal of any procedure designed to restrict its movements in  order to facilitate effective stunning or killing; 5. stunning: any process which, when applied to an animal, causes immediate loss of consciousness  which lasts until death; 6. killing: any process which causes the death of an animal; 7. slaughter: causing the death of an animal by bleeding; 8. competent authority: the central authority of a Member State competent to carry out veterinary  checks or any authority to which it has delegated that competence. However, in the Member States, the religious authority on whose behalf slaughter is carried out  shall be competent for the application and monitoring of the special provisions which apply to  slaughter according to certain religious rites. As regards the said provisions, that authority  shall operate under the responsibility of the official veterinarian, as defined in Article 2 of  Directive 64/433/EEC. Article 3Animals shall be spared any avoidable excitement, pain or suffering during movement,  lairaging, restraint, stunning, slaughter or killing. CHAPTER II Requirements applicable to slaughterhouses Article 4The construction, facilities  and equipment of slaughterhouses, and their operation, shall be such as to spare animals any  avoidable excitement, pain or suffering. Article 51. Solipeds, ruminants, pigs, rabbits and poultry brought into slaughterhouses for  slaughter shall be: (a) moved and if necessary lairaged in accordance with the provisions of Annex A; (b) restrained in accordance with the provisions of Annex B; (c) stunned before slaughter or killed instantaneously in accordance with the provisions of Annex  C; (d) bled in accordance with the provisions of Annex D. 2. In the case of animals subject to particular methods of slaughter required by certain religious  rites, the requirements of paragraph 1(c) shall not apply. 3. With due regard for the general rules of the Treaty, the competent authorities of the Member  States may, for establishments qualifying for derogations pursuant to Articles 4 and 13 of  Directive 64/433/EEC, Article 4 of Directive 91/498/EEC and Articles 7 and 18 of Directive  71/118/EEC, grant derogations from paragraph 1(a) in respect of cattle, and from paragraph 1(a) and  from the methods for stunning and killing referred to in Annex C in respect of poultry, rabbits,  pigs, sheep and goats, provided that the requirements laid down in Article 3 are met. Article 61. Instruments, restraint and other equipment and installations used for stunning or  killing must be designed, constructed, maintained and used in such a way as to achieve rapid and  effective stunning or killing in accordance with the provisions of this Directive. The competent  authority shall check that the instruments, restraint and other equipment used for stunning or  killing comply with the above principles and shall check regularly to ensure that they are in a  good state of repair and will allow the aforementioned objective to be attained. 2. Suitable spare equipment and instruments must be kept at the place of slaughter for emergency  use. They shall be properly maintained and inspected regularly. Article 7No person shall engage in the movement, lairaging, restraint, stunning, slaughter or  killing of animals unless he has the knowledge and skill necessary to perform the tasks humanely  and efficiently, in accordance with the requirements of this Directive. The competent authority shall ensure that persons employed for slaughtering possess the necessary  skill, ability and professional knowledge. Article 8Inspections and controls in slaughterhouses shall be carried out under the  responsibility of the competent authority, which shall at all times have free access to all parts  of slaughterhouses in order to ascertain compliance with this Directive. However, such inspections  and controls may be carried out at the same time as controls carried out for other purposes. CHAPTER III Slaughter and killing outwith slaughterhouses Article 91. Where animals referred  to in Article 5 (1) are slaughtered outwith slaughterhouses, Article 5 (1)(b), (c) and (d) shall  apply. 2. Member States may, however, grant derogations from paragraph 1 in respect of poultry, rabbits,  pigs, sheep and goats slaughtered or killed outwith slaughterhouses by their owner for his personal  consumption, provided that Article 3 is complied with and that pigs, sheep and goats have been  stunned in advance. Article 101. Where animals referred to in Article 5 (1) are to be slaughtered or killed for  purposes of disease control, this shall be carried out in accordance with Annex E. 2. Animals farmed for their fur shall be killed in accordance with Annex F. 3. Surplus day-old chicks, as defined in Article 2 (3) of Directive 90/539/EEC, and embryos in  hatchery waste shall be killed as rapidly as possible in accordance with Annex G. Article 11Articles 9 and 10 shall not apply in the case of an animal which has to be killed  immediately for emergency reasons. Article 12Injured or diseased animals must be slaughtered or killed on the spot. However, the  competent authority may authorize the transport of injured or diseased animals for the purpose of  slaughter or killing provided that such transport does not entail further suffering for the  animals. CHAPTER IV Final provisions Article 131. If necessary, rules on the protection of animals at  the time of slaughter or killing other than those in this Directive shall be adopted by the Council  acting by a qualified majority on a proposal from the Commission. 2. (a) The Annexes to this Directive shall be amended by the Council acting on a proposal from the  Commission, in accordance with the procedure laid down in paragraph 1, in particular in order to  adapt them to technological and scientific progress; (b) in addition, and no later than 31 December 1995, the Commission shall submit to the Council a  report drawn up on the basis of an opinion from the Scientific Veterinary Committee together with  appropriate proposals concerning the use, in particular, of: - free bullet pistols, applied to the brain, or of gases other than those referred to in Annex C or  combinations thereof for stunning and more particularly carbon dioxide for stunning poultry, - gases other than those referred to in Annex C or combinations thereof for killing, - any other scientifically recognized procedure for stunning or killing. The Council shall act by a qualified majority on these proposals; (c) by way of derogation from (a), and no later than 31 December 1995, the Commission, in  accordance with the procedure laid down in Article 16, shall submit to the Standing Veterinary  Committee a report drawn up on the basis of an opinion from the Scientific Veterinary Committee,  together with appropriate proposals, with a view to laying down: (i) the strength and duration of use of the current necessary to stun the various species  concerned; (ii) the gas concentration and length of exposure necessary to stun the various species concerned; (d) pending implementation of paragraphs (b) and (c), national rules in the matter shall apply, in  compliance with the general provisions of the Treaty. Article 141. Commission experts may make on-the-spot checks in so far as is necessary to ensure  uniform application of this Directive. In order to do this, they may check a representative sample  of establishments to ensure that the competent authority is checking that the said establishments  are fulfilling the requirements of this Directive. The Commission shall inform the Member States of the result of the checks carried out. 2. The checks referred to in paragraph 1 shall be carried out in collaboration with the competent  authority. 3. A Member State in whose territory a check is being carried out shall give all the necessary  assistance to the experts in carrying out their duties. 4. The detailed rules for implementing this Article shall be determined in accordance with the  procedure laid down in Article 16. Article 15In the course of the inspection of slaughterhouses or establishments which have been  or are to be approved in third countries for the purpose of being able to export to the Community  in accordance with Community rules, the Commission experts shall ensure that the animals referred  to in Article 5 have been slaughtered under conditions which offer guarantees of humane treatment  at least equivalent to those provided for in this Directive. To enable meat to be imported from a third country the health certificate accompanying such meat  must be supplemented by an attestation certifying that the above requirement has been met. Article 161. Where the procedure laid down in this Article is to be followed, the matter shall  without delay be referred to the Standing Veterinary Committee by its chairman, either on his own  initiative or at the request of the representative of a Member State. 2. The representative of the Commission shall submit to the committee a draft of the measures to be  taken. The committee shall deliver its opinion on the draft within a time limit which the chairman  may lay down according to the urgency of the matter. The opinion shall be delivered by the majority  laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required  to adopt on a proposal from the Commission. The votes of the representatives of the Member States  within the committee shall be weighted in the manner set out in that Article. The chairman shall  not vote. 3. (a) The Commission shall adopt the intended measures when they are in accordance with the  opinion of the committee. (b) Where the intended measures are not in accordance with the opinion of the committee, or if no  opinion is delivered, the Commission shall without delay submit to the Council a proposal relating  to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of three months from the date on which the matter was referred to it,  the Council has not acted, the proposed measures shall be adopted by the Commission, save where the  Council has decided against the said measures by a simple majority. Article 17Directive 74/577/EEC shall be repealed with effect from 1 January 1995. Article 181. Member States shall bring into force the laws, regulations and administrative  provisions, including any penalties, necessary to comply with this Directive on 1 January 1995.  They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall  be accompanied by such reference on the occasion of their official publication. The methods of  making such reference shall be laid down by Member States. 2. However, as from the date laid down in paragraph 1, Member States may, with due regard for the  general rules of the Treaty, maintain or apply in their territory more stringent provisions than  those contained in this Directive. They shall inform the Commission of any such measures. 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 19This Directive is addressed to the Member States. Done at Brussels, 22 December 1993. For the CouncilThe PresidentJ.-M. DEHOUSSE(1) OJ No C 314, 5. 12. 1991, p.  14. (2) OJ No C 241, 21. 9. 1992, p. 75. (3) OJ No C 106, 27. 4. 1992, p. 15. (4) OJ No L 316, 26. 11. 1974, p. 10. (5) OJ No L 137, 2. 6. 1988, p. 25.  ANNEX A REQUIREMENTS FOR THE MOVEMENT AND LAIRAGING OF ANIMALS IN SLAUGHTERHOUSES I.  General requirements 1. Every slaughterhouse coming into operation after 30 June 1994 must have  suitable equipment and facilities available for the purpose of unloading animals from means of  transport, and all existing slaughterhouses must comply with these requirements by 1 January 1996. 2. Animals must be unloaded as soon as possible after arrival. If delay is unavoidable they must be  protected from extremes of weather and provided with adequate ventilation. 3. Animals which might injure each other on account of their species, sex, age or origin must be  kept and lairaged apart from each other. 4. Animals must be protected from adverse weather conditions. If they have been subjected to high  temperatures in humid weather they must be cooled by appropriate means. 5. The condition and state of health of the animals must be inspected at least every morning and  evening. 6. Without prejudice to the provisions laid down in Chapter VI of Annex I to Directive 64/433/EEC,  animals which have experienced pain or suffering during transport or upon arrival at the  slaughterhouse, and unweaned animals, must be slaughtered immediately. If this is not possible,  they must be separated and slaughtered as soon as possible and at least within the following two  hours. Animals which are uanble to walk must not be dragged to the place of slaughter, but must be  killed where they lie or, where it is possible and does not entail any unnecessary suffering,  transported on a trolley or movable platform to the place of emergency slaughter. II. Requirements for animals delivered other than in containers 1. Where slaughterhouses have  equipment for unloading animals, such equipment must have non-slip flooring and, if necessary, be  provided with lateral protection. Bridges, ramps and gangways must be fitted with sides, railings  or some other means of protection to prevent animals falling off them. Exit or entry ramps must  have the minimum possible incline. 2. During unloading, care must be taken not to frighten, excite or mistreat the animals, and to  ensure that they are not overturned. Animals must not be lifted by the head, horns, ears, feet,  tail or fleece in such a way as to cause them unnecessary pain or suffering. When necessary, they  must be led individually. 3. Animals must be moved with care. Passageways must be so constructed as to minimize the risk of  injury to animals, and so arranged as to exploit their gregarious tendencies. Instruments intended  for guiding animals must be used solely for that purpose, and only for short periods. Instruments  which administer electric shocks may be used only for adult bovine animals and pigs which refuse to  move, provided that the shocks last no more than two seconds, are adequately spaced out and that  the animals have room ahead of them in which to move. Such shocks may be applied only to the  muscles of the hindquarters. 4. Animals must not be struck on, nor shall pressure be applied to, any particularly sensitive part  of the body. In particular, animals' tails must not be crushed, twisted or broken and their eyes  must not be grasped. Blows and kicks must not be inflicted. 5. Animals must not be taken to the place of slaughter unless they can be slaughtered immediately.  If they are not slaughtered immediately on arrival they must be lairaged. 6. Without prejudice to derogations granted pursuant to Articles 4 and 13 of Directive 64/433/EEC,  slaughterhouses must be equipped with a sufficient number of pens for adequate lairaging of the  animals with protection from the effects of adverse weather. 7. In addition to complying with requirements already laid down in Community rules, lairages must  have: - floors which minimize the risk of slipping and which do not cause injury to animals in contact  with them, - adequate ventilation, taking into account the extremes of temperature and humidity which may be  expected. Where mechanical means of ventilation are required, provision must be made for emergency  back-up facilities in the event of breakdown, - artificial lighting at a level sufficient to permit inspection of all animals at any time; if  necessary, adequate back-up lighting must be available, - where necessary, equipment for tethering animals, - where necessary, adequate supplies of a suitable bedding material for all animals kept in the  lairage overnight. 8. Where, in addition to the lairages referred to above, slaughterhouses also have field lairages  without natural shelter or shade, appropriate protection from adverse weather must be provided.  Field lairages must be maintained in such condition as to ensure that animals are not subjected to  physical, chemical or other health hazards. 9. Animals which are not taken directly upon arrival to the place of slaughter must have drinking  water available to them from appropriate facilities at all times. Animals which have not been  slaughtered within 12 hours of their arrival must be fed, and must subsequently be given moderate  amounts of food at appropriate intervals. 10. Animals which are kept for 12 hours or more at a slaughterhouse must be lairaged and, where  appropriate, tethered, in such a way that they can lie down without difficulty. Where animals are  not tethered, food must be provided in a way which will permit the animals to feed undisturbed. III. Requirements for animals delivered in containers 1. Containers in which animals are  transported must be handled with care, and must not be thrown, dropped or knocked over. Where  possible, they must be loaded and unloaded horizontally and mechanically. 2. Animals delivered in containers with perforated or flexible bottoms must be unloaded with  particular care in order to avoid injury. Where appropriate, animals must be unloaded from the  containers individually. 3. Animals which have been transported in containers must be slaughtered as soon as possible;  otherwise they must if necessary be watered and fed in accordance with point II.9.  ANNEX B RESTRAINT OF ANIMALS BEFORE STUNNING, SLAUGHTER OR KILLING 1. Animals must be  restrained in an appropriate manner in such a way as to spare them any avoidable pain, suffering,  agitation, injury or contusions. However, in the case of ritual slaughter, restraint of bovine animals before slaughter using a  mechanical method intended to avoid any pain, suffering or agitation and any injuries or contusions  to the animals is obligatory. 2. Animals' legs must not be tied, and animals must not be suspended before stunning or killing.  However, poultry and rabbits may be suspended for slaughter provided that appropriate measures are  taken to ensure that, on the point of being stunned, they are in a sufficiently relaxed state for  stunning to be carried out effectively and without undue delay. Furthermore, holding an animal in a restraint system may in no circumstances be regarded as  suspension. 3. Animals which are stunned or killed by mechanical or electrical means applied to the head must  be presented in such a position that the equipment can be applied and operated easily, accurately  and for the appropriate time. The competent authority may, however, in the case of solipeds and  cattle, authorize the use of appropriate means to restrain head movements. 4. Electrical stunning equipment must not be used as a means of restraint or immobilization or to  make animals move.  ANNEX C STUNNING OR KILLING OF ANIMALS OTHER THAN ANIMALS REARED FOR FUR I. PERMITTED  METHODS A. Stunning1. Captive bolt pistol2. Concussion3. Electronarcosis4. Exposure to carbon  dioxideB. Killing1. Free bullet pistol or rifle2. Electrocution3. Exposure to carbon dioxideC.  The competent authority may, however, authorize decapitation, dislocation of the neck and the use  of a vacuum chamber as a method of killing for certain specific species, provided that Article 3 is  complied with and that the specific requirements laid down in point III of this Annex are met. II. SPECIFIC REQUIREMENTS FOR STUNNING Stunning must not be carried out unless it is possible to  bleed the animals immediately afterwards. 1. Captive bolt pistol(a) Instruments must be positioned so as to ensure that the projectile  enters the cerebral cortex. In particular, it is prohibited to shoot cattle in the poll position. Sheep and goats may be shot in the poll position if the presence of horns prevents use of the crown  position. In such cases the shot must be placed immediately behind the base of the horns and aimed  towards the mouth, and bleeding must commence within 15 seconds of shooting. (b) When using a captive bolt instrument, the operator must check to ensure that the bolt retracts  to its full extent after each shot. If it does not so retract, the instrument must not be used  again until it has been repaired. (c) Animals must not be placed in stunning pens unless the operator who is to stun them is ready to  do so as soon as the animal is placed in the pen. Animals must not be placed in head restraint  until the slaughterman is ready to stun them. 2. Concussion(a) This is only permitted using a mechanically-operated instrument which administers  a blow to the skull. The operator must ensure that the instrument is applied in the proper position  and that the correct strength of cartridge is used, in accordance with the manufacturer's  instructions, to produce an effective stun without fracture of the skull. (b) However, in the case of small batches of rabbits, where a non-mechanical blow to the skull is  used, that operation must be carried out in such a way that the animal is immediately rendered  unconscious and remains so until its death and in compliance with the general provisions of Article  3. 3. ElectronarcosisA. Electrodes1. Electrodes must be so placed that they span the brain, enabling  the current to pass through it. Appropriate measures must also be taken to ensure that there is  good electrical contact, in particular by removing excess wool or wetting skin. 2. Where animals are stunned individually, the apparatus must: (a) incorporate a device which measures the impedance of the load and prevents operation of the  apparatus if the minimum required current cannot be passed; (b) incorporate an audible or visible device indicating the length of time of its application to an  animal; (c) be connected to a device indicating the voltage and the current under load, positioned so as to  be clearly visible to the operator. B. Waterbath stunners1. Where waterbath stunners are used to stun poultry, the level of the water  must be adjustable in order to ensure that there is good contact with the bird's head. The strength and duration of the current used in this case will be determined by the competent  authority so as to ensure that the animal is immediately rendered unconscious and remains so until  death. 2. Where poultry are stunned in groups in a waterbath, a voltage sufficient to produce a current  strong enough to ensure that every bird is stunned must be maintained. 3. Appropriate measures must be taken to ensure that the current passes properly, in particular  good electrical contacts and wetting the shackle-to-leg contact. 4. Waterbaths for poultry must be adequate in size and depth for the type of bird being  slaughtered, and must not overflow at the entrance. The electrode which is immersed in the water  must extend the length of the waterbath. 5. If necessary, manual back-up must be available.4. Exposure to carbon dioxide1. The concentration of carbon dioxide for stunning pigs must be at  least 70 % by volume. 2. The chamber in which pigs are exposed to the gas, and the equipment used for conveying the pigs  through it, must be so designed, constructed and maintained as to avoid injury to the pigs and  compression of the chest and enable them to remain upright until they lose consciousness. Adequate  lighting must be provided in the conveying mechanism and the chamber to allow pigs to see other  pigs or their surroundings. 3. The chamber must be fitted with devices for measuring the gas concentration at the point of  maximum exposure and for giving a clearly visible and audible warning if the concentration of  carbon dioxide falls below the required level. 4. Pigs must be placed in pens or containers in which they can see each other and conveyed into the  gas chamber within 30 seconds from their entry into the installation. They must be conveyed as  rapidly as possible from the entrance to the point of maximum concentration of the gas and must be  exposed to it for long enough to ensure that they remain unconscious until they have been killed. III. SPECIFIC REQUIREMENTS FOR KILLING 1. Free bullet pistol or rifleThese methods, which may be  used to kill various species, in particular large farmed game and deer, are subject to  authorization by the competent authority, which must ensure in particular that they are used by  duly qualified staff and in compliance with the general provisions of Article 3 of this Directive. 2. Decapitation and dislocation of the neckThese methods, which are to be used only for killing  poultry, are subject to authorization by the competent authority, which must ensure in particular  that they are used by duly qualified staff and in compliance with the general provisions of Article  3 to this Directive. 3. Electrocution and carbon dioxideThe competent authority may authorize the killing of various  species by these methods provided that, in addition to the general provisions of Article 3, the  specific provisions laid down in point II (3) and (4) of this Annex are complied with. It shall  also, to achieve this, lay down the strength and duration of the current used and the concentration  and length of exposure to carbon dioxide. 4. Vacuum chamberThis method, which is to be used only for the killing without bleeding of certain  animals for consumption belonging to farmed game species (quail, partridge and pheasant), is  subject to authorization by the competent authority, which shall ensure, in addition to compliance  with the requirements laid down in Article 3, that: - the animals are placed in an airtight chamber in which a vacuum is swiftly achieved by means of a  powerful electric pump, - the vacuum is maintained until the animals are dead, - the animals are held in groups in transport containers which can be placed in the vacuum chamber,  which is designed for that purpose.  ANNEX D BLEEDING OF ANIMALS 1. For animals which have been stunned, bleeding must be  started as soon as possible after stunning and be carried out in such a way as to bring about  rapid, profuse and complete bleeding. In any event, the bleeding must be carried out before the  animal regains consciousness. 2. All animals which have been stunned must be bled by incising at least one of the carotid  arteries or the vessels from which they arise. After incision of the blood vessels, no further dressing procedures nor any electrical stimulation  may be performed on the animals before the bleeding has ended. 3. Where one person is responsible for the stunning, shackling, hoisting and bleeding of animals,  that person must carry out those operations consecutively on one animal before carrying them out on  another animal. 4. Manual back-up must be available where poultry is bled by means of automatic neck-cutters so  that, in the event of a breakdown, birds may be slaughtered immediately.  ANNEX E KILLING METHODS FOR DISEASE CONTROL Permitted methodsAny method permitted  under Annex C which causes certain death. In addition, the competent authority may, in compliance with the general provisions of Article 3 of  this Directive, permit the use of other methods for killing conscious animals, ensuring in  particular that: - if methods are used which do not cause immediate death (for example, captive bolt shooting),  appropriate measures are taken to kill the animals as soon as possible, and in any event before  they regain consciousness, - nothing more is done to the animals before it has been ascertained that they are dead.  ANNEX F METHODS OF KILLING FUR ANIMALS I. Permitted methods 1. Mechanically-operated  instruments which penetrate the brain. 2. Injection of an overdose of a drug with anaesthetic properties. 3. Electrocution with cardiac arrest. 4. Exposure to carbon monoxide. 5. Exposure to chloroform. 6. Exposure to carbon dioxide. The competent authority shall decide on the most appropriate method of killing for the different  species concerned in compliance with the general provisions of Article 3 of this Directive. II. Specific requirements 1. Mechanically-operated instruments which penetrate the brain(a)  Instruments must be positioned so as to ensure that the projectile enters the cerebral cortex. (b) This method is permitted only if it is followed by immediate bleeding. 2. Injection of an overdose of a drug with anaesthetic propertiesOnly those anaesthetics, doses  and applications which cause immediate loss of consciousness followed by death may be used. 3. Electrocution with cardiac arrestElectrodes must be placed so that they span the brain and the  heart and the minimum current level used must lead to immediate loss of consciousness and cardiac  arrest. However, for foxes, where electrodes are applied to the mouth and rectum, a current of an  average value of 0,3 amps must be applied for at least 3 seconds. 4. Exposure to carbon monoxide(a) The chamber in which the animals are exposed to the gas must be  designed, constructed and maintained in such a way as to avoid injury to the animals and allow them  to be supervised. (b) The animals must be introduced into the chamber only after it has been filled with a  concentration of carbon monoxide of at least 1 % by volume, supplied by a source of 100 % carbon  monoxide. (c) The gas produced by an engine specially adapted for that purpose may be used to kill mustelids  and chinchillas provided that tests have shown that the gas used: - has been suitably cooled, - has been sufficiently filtered, - is free from any irritant matter or gas, - and that the animals cannot be placed in the chamber until the concentration of carbon monoxide  has reached at least 1 % by volume. (d) When inhaled the gas must first induce deep general anaesthesia and must then cause certain  death. (e) The animals must remain in the chamber until they are dead. 5. Exposure to chloroformExposure to chloroform may be used to kill chinchillas provided that: (a) the chamber in which the animals are exposed to the gas is designed, constructed and maintained  in such a way as to avoid injury to the animals and allow them to be supervised; (b) the animals are introduced into the chamber only if it contains a saturated chloroform-air  compound; (c) when inhaled, the gas first induces deep general anaesthesia and then causes certain death; (d) the animals remain in the chamber until they are dead. 6. Exposure to carbon dioxideCarbon dioxide may be used to kill mustelids and chinchillas provided  that: (a) the chamber in which the animals are exposed to the gas is designed, constructed and maintained  in such a way as to avoid injury to the animals and allow them to be supervised; (b) the animals are introduced into the chamber only when the atmosphere contains the highest  possible concentration of carbon dioxide supplied by a source of 100 % carbon dioxide; (c) when inhaled, the gas first induces deep general anaesthesia and then causes certain death; (d) the animals remain in the chamber until they are dead.  ANNEX G KILLING OF SURPLUS CHICKS AND EMBRYOS IN HATCHERY WASTE I. Permitted methods  for the killing of chicks 1. Use of a mechanical apparatus causing rapid death. 2. Exposure to carbon dioxide. 3. However, the competent authority may permit the use of other scientifically recognized killing  methods provided that they comply with the general provisions of Article 3. II. Specific requirements 1. Use of a mechanical apparatus producing rapid death(a) The animals  must be killed by an apparatus which contains rapidly rotating mechanically operated killing blades  or expanded polystyrene projections. (b) The capacity of the apparatus must be sufficient to ensure that all animals are killed  immediately, even if they are handled in large numbers. 2. Exposure to carbon dioxide(a) The animals must be placed in an atmosphere with the highest  obtainable concentration of carbon dioxide, supplied by a source of 100 % carbon dioxide. (b) The animals must remain in this atmosphere until they are dead. III. Permitted method for the killing of embryos 1. To kill any living embryos instantaneously,  all hatchery waste must be treated by the mechanical apparatus mentioned in point II (1). 2. However, the competent authority may permit the use of other scientifically recognized killing  methods provided that they comply with the general provisions of Article 3.