Avis juridique important

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31975L0271

Council Directive 75/271/EEC of 28 April 1975 concerning the Community list of less-favoured farming areas within the meaning of Directive No 75/268/EEC (France)

Official Journal L 128 , 19/05/1975 P. 0033 - 0067

COUNCIL DIRECTIVE  of 28 April 1975  concerning the Community list of less-favoured farming areas within the meaning of Directive No 75/268/EEC  (France)  (75/271/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES  Having regard to the Treaty establishing the European Economic Community;  Having regard to Council Directive No 75/268/EEC (1) of 28 April 1975 on mountain and hill farming in certain less-favoured areas, and in particular Article 2 (2) thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament;  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas the Government of the French Republic communicated to the Commission, in accordance with Article 2 (1) of Directive No 75/268/EEC, the areas which, within the meaning of Article 3 (3) of the said Directive, are suitable for inclusion in the Community list of less-favoured farming areas and the information concerning the characteristics of these areas ; whereas the information relating to those areas located in the overseas departments is not sufficiently complete to enable the Commission to give its view on them at present;  Whereas the index used for defining very difficult climatic conditions in accordance with the first indent of Article 3 (3) of Directive No 75/268/EEC, was a minimum altitude of 600 m over at least 80 % of the surface of the territory of each commune, and not only for the major part thereof ; whereas, moreover, the division of communes is not recognized, and whereas the minimum altitude fixed can therefore be considered, with regard to the Directive, as being between 600 and 700 m;  Whereas the index used to define steep slopes, according to Article 3 (3), second indent of Directive No 75/268/EEC, was a difference in level of at least 400 m between the highest and lowest points of the utilized agricultural area of the commune ; whereas a detailed examination has been made by the Commission on the basis, mainly, of a study of slopes per square kilometre (20 % and greater), aimed at removing the uncertainties resulting from the abovementioned index of differences in level ; whereas this examination also took into account the possibility opened up by Article 3 (3), third indent of Directive No 75/268/EEC, of combining the two factors : altitude and slope, if this combination resulted in the same total handicap ; whereas it is therefore possible to state that only a very limited number of communes on the fringes of the communicated mountain areas do not fully comply with the required conditions, but that they nevertheless comply with those of Article 3 (4) of the said Directive ; whereas since their economies are closely bound up with that of bordering communes, they can nevertheless be classed as mountain areas;  Whereas, in these conditions, the nature and level of the abovementioned indices, utilized by the Government of the French Republic to define the areas communicated to the Commission, conform to the characteristics of mountain areas according to Article 3 (3) of Directive No 75/268/EEC;  Whereas the communication of the Member State concerned fails to indicate the present situation in these areas, from the point of view of infrastructure according to Article 3 (2) of the said Directive, whereas it seems that the infrastructure is not always adequate ; whereas the absence of information on current or proposed programmes makes it impossible to estimate the time which will be taken to achieve an improvement in this position ; whereas it nevertheless seems expedient to include the areas in question in the Community list of less-favoured farming areas, on the understanding that the Government of the French Republic will shortly submit to the Commission a detailed communication on this subject,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The areas situated in the French Republic which appear in the Annex are part of the Community list  (1)See page 1 of this Official Journal. (2)OJ No C 62, 15.3.1975, p. 19.   of less-favoured areas within the meaning of Article 3 (3) of Directive No 75/268/EEC.   Article 2 The Member State concerned will forward to the Commission by the end of 1975 at the latest, a detailed communication indicating the time within which measures for the substantial improvement of this infrastructure will be effective in the areas referred to in Article 1.   Article 3 This Directive is addressed to the French Republic.     Done at Brussels, 28 April 1975.  For the Council  The President  M.A. CLINTON     ANNEX - BILAG - ANHANG - ANNEXE - ALLEGATO - BIJLAGE ZONES DÉFAVORISÉES AU SENS DE L'ARTICLE 3 PARAGRAPHE 3 DE LA DIRECTIVE 75/268/CEE >PIC FILE= "T0006777">    >PIC FILE= "T0006778">    >PIC FILE= "T0006779">    >PIC FILE= "T0006780">    >PIC FILE= "T0006781">    >PIC FILE= "T0006782">    >PIC FILE= "T0006783">    >PIC FILE= "T0006784">    >PIC FILE= "T0006785">    >PIC FILE= "T0006786">    >PIC FILE= "T0006787">    >PIC FILE= "T0006788">    >PIC FILE= "T0006789">    >PIC FILE= "T0006790">    >PIC FILE= "T0006791">    >PIC FILE= "T0006792">    >PIC FILE= "T0006793">    >PIC FILE= "T0006794">    >PIC FILE= "T0006795">    >PIC FILE= "T0006796">    >PIC FILE= "T0006797">    >PIC FILE= "T0006798">    >PIC FILE= "T0006799">    >PIC FILE= "T0006800">    >PIC FILE= "T0006801">    >PIC FILE= "T0006802">    >PIC FILE= "T0006803">    >PIC FILE= "T0006804">    >PIC FILE= "T0006805">    >PIC FILE= "T0006806">    >PIC FILE= "T0006807">    >PIC FILE= "T0006808">    >PIC FILE= "T0006809">


title: Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by roadText with EEA relevance

text:
               14.12.2004

               EN

               Official Journal of the European Union

               L 367/23

         COMMISSION DIRECTIVE 2004/112/EC
   of 13 December 2004
   adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road (1) and in particular Article 9a thereof,
   Whereas:

               (1)

               Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (2) laid down uniform rules for the transportation of dangerous goods in the Community.

               (2)

               The Annexes to Directive 95/50/EC are related to the Annexes to Directive 94/55/EC. Adaptation to scientific and technical progress of the Annexes to Directive 94/55/EC may have an effect on the Annexes to Directive 95/50/EC.

               (3)

               In order to take into account Commission Directive 2003/28/EC of 7 April 2003 adapting for the fourth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road, the Annexes to Directive 95/50/EC should be amended.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Committee on the transport of dangerous goods set up by Directive 94/55/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 95/50/EC is hereby amended as follows:
   Annexes I, II and III are replaced by Annexes I, II and III to this Directive.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than one year after its publication. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 13 December 2004.

            For the Commission

         Jacques BARROT

            Member of the Commission

      (1)  OJ L 249, 17.10.1995, p. 35. Directive as amended by Directive 2001/26/EC of the European Parliament and of the Council (OJ L 168, 23.6.2001, p. 23).

      (2)  OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commission Directive 2003/28/EC (OJ L 90, 8.4.2003, p. 45).
   ANNEX I

   ANNEX II
   INFRINGEMENTS
   For the purposes of this Directive, the following non-exhaustive list, classified into three risk categories (Category I being the most serious), gives a guideline on what is to be regarded as infringement.
   The determination of the appropriate risk category must take account of the particular circumstances and be left to the discretion of the enforcing body/officer at the roadside.
   Failures that are not listed under the risk categories shall be classified according to the descriptions of the categories.
   In the event there are several infringements per transport unit, only the most serious risk category (as indicated under item 39 in Annex I to this Directive) shall be applied for reporting purposes (Annex III to this Directive).
   1.   Risk Category I
   Where failure to comply with relevant ADR provisions creates a high-level risk of death, serious personal injury or significant damage to the environment such failures would normally lead to taking immediate and appropriate corrective measures such as immobilisation of the vehicle.
   Failures are:

               1.

               The dangerous goods being carried are prohibited for transport

               2.

               Leakage of dangerous substances

               3.

               Carriage by a prohibited mode or an inappropriate means of transport

               4.

               Carriage in bulk in a container which is not structurally serviceable

               5.

               Carriage in a vehicle without an appropriate certificate of approval

               6.

               Vehicle no longer complies with the approval standards and presents an immediate danger (otherwise it goes in risk category II)

               7.

               Non-approved packaging is used

               8.

               Packaging does not conform to the applicable packing instruction

               9.

               The special provisions for mixed packing have not been complied with

               10.

               The rules governing the securing and stowage of the load have not been complied with

               11.

               The rules governing mixed loading of packages have not been complied with

               12.

               The permissible degrees of filling of tanks or packages have not been complied with

               13.

               The provisions limiting the quantities carried in one transport unit have not been complied with

               14.

               Carriage of dangerous goods without any indication of their presence (e.g. documents, marking and labelling on the packages, placarding and marking on the vehicle)

               15.

               Carriage without any placarding and marking on the vehicle

               16.

               Information relevant to the substance being carried enabling determination of a risk category I offence is missing (e.g. UN number, proper shipping name, packing group)

               17.

               Driver does not hold a valid vocational training certificate

               18.

               Fire or an unprotected light is being used

               19.

               The ban on smoking is not being observed.

         2.   Risk Category II
   Where failure to comply with relevant ADR provisions creates a risk of personal injury or damage to the environment such failures would normally lead to taking appropriate corrective measures such as requiring rectification at the site of control if possible and appropriate, but at the completion of the current transport movement at the latest.
   Failures are:

               1.

               The transport unit comprises more than one trailer/semi-trailer

               2.

               Vehicle no longer complies with the approval standards but does not present an immediate danger

               3.

               The vehicle is not carrying operational fire extinguishers as required; a fire extinguisher can still be deemed operational if only the prescribed seal and/or the expiry date are missing; however, this does not apply if the fire extinguisher is visibly no longer operational, e.g. pressure gauge at 0

               4.

               The vehicle does not carry the equipment required in the ADR or in the instructions in writing

               5.

               Test and inspection dates and use periods of packaging, IBCs or large packaging have not been complied with

               6.

               Packages with damaged packaging, IBCs or large packaging or damaged uncleaned empty packaging are being carried

               7.

               Carriage of packaged goods in a container which is not structurally serviceable

               8.

               Tanks/tank containers (including ones that are empty and uncleaned) have not been closed properly

               9.

               Carriage of a combination packaging with an outer packaging which is not closed properly

               10.

               Incorrect labelling, marking or placarding

               11.

               There are no instructions in writing conforming to the ADR, or the instructions in writing are not relevant to the goods carried

               12.

               The vehicle is not properly supervised or parked.

         3.   Risk Category III
   Where failure to comply with relevant provisions result in a low level of risk of personal injury or damage to the environment and where appropriate corrective measures do not need to be taken at the roadside but can be addressed at a later date at the undertaking.
   Failures are:

               1.

               The size of placards or labels or the size of letters, figures or symbols on placards or labels does not comply with the regulations

               2.

               Information in the transport documentation other than that in risk category I/(16) is not available

               3.

               The training certificate is not on board the vehicle but there is evidence that the driver holds it.

         ANNEX III
   MODEL STANDARD FORM FOR THE REPORT TO BE SENT TO THE COMMISSION CONCERNING INFRINGEMENTS AND PENALTIES


Avis juridique important

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31993L0061

Commission Directive 93/61/EEC of 2 July 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to Council Directive 92/33/EEC

Official Journal L 250 , 07/10/1993 P. 0019 - 0028 Finnish special edition: Chapter 3 Volume 52 P. 0248  Swedish special edition: Chapter 3 Volume 52 P. 0248

COMMISSION DIRECTIVE 93/61/EEC of 2 July 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to Council Directive 92/33/EECTHE COMMISSION OF THE  EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed(1) , and in particular Article 4 thereof,  Whereas, in applying the provisions of this Directive, it is appropriate to take into account the production cycles of the various materials;  Whereas, the conditions laid down in this Directive may be regarded as the minimum standard acceptable at this stage, regard being had to the current production conditions in the Community; whereas they will progressively be developed and refined in  order ultimately to achieve high standards of quality;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:   Article 1  1.  This Directive establishes the schedules referred to in Article 4 of Directive 92/33/EEC and sets out requirements as to labelling referred to in Article 11 of that Directive.  2.  The schedules apply to the growing crop and vegetable propagating material (including rootstock), and planting material derived therefrom, of all the genera and species referred to in Annex II to Directive 92/33/EEC, and to rootstocks of other  genera and species referred to in Article 4 of that Directive, irrespective of the propagation system applied, the abovementioned items being hereinafter collectively referred to as 'the material'.  3.  The provisions of this Directive shall apply progressively, account being taken of the production cycles of the material referred to in paragraph 2.   Article 2  The material shall, where applicable, comply with the relevant plant health conditions laid down in Council Directive 77/93/EEC(2) .   Article 3  1.  Without prejudice to the provisions of Article 2, material must at least appear, on visual inspection, to be substantially free from harmful organisms and diseases liable to affect quality, or signs or symptoms thereof, which reduce the  usefulness of the vegetable propagating and planting material, and in particular from those listed in the Annex hereto, in respect of the genus or species concerned.  2.  Any material showing visible signs or symptoms of harmful organisms or diseases referred to in paragraph 1 at the stage of the growing crop shall be treated properly immediately upon their appearance or, where appropriate, shall be eliminated.  3.  In the case of bulbs of shallots and garlic, the following requirements shall also be met: the propagating material shall be derived directly from material which, at the stage of the growing crop, has been checked and found to be substantially free  from any harmful organisms and diseases, or signs or symptoms thereof, referred to in paragraph 1 and in particular from those listed in the Annex hereto.   Article 4  The material shall have identity and purity in respect of genera or species and shall also have sufficient varietal identity and varietal purity.   Article 5  1.  The material shall be substantially free from defects likely to impair its quality as propagating or planting material.  2.  The vigour and dimensions of the material shall be satisfactory in respect of its usefulness as vegetable propagating and planting material. Furthermore, an appropriate balance shall be assured between the roots, stems and leaves.   Article 6  1.  The supplier's document referred to in Article 11 of Directive 92/33/EEC shall be of suitable material which has not previously been used and shall be printed in at least one of the official languages of the Community. It shall contain  the following information headings:  (i) indication 'EEC quality' (ii) indication of EEC Member State code;  (iii) indication of responsible official body or its distinguishing code;  (iv) registration or accreditation number;  (v) name of supplier;  (vi) individual serial, week or batch number;  (vii) date of issue of the supplier's document;  (viii) reference number of seed lot in the case of young plants raised direct from seeds marketed pursuant to Council Directive 70/458/EEC(3) . Alternatively this reference number shall be made available, on request, to the responsible official body;  (ix) common name, or where the material is accompanied by a plant passport in accordance with Commission Directive 92/105/EEC(4) , botanical name;  (x) denomination of the variety. In the case of rootstock, denomination of the variety or its designation;  (xi) quantity;  (xii) in the case of imports from third countries pursuant to Article 16 (2) of Directive 92/33/EEC, the name of the country of harvesting.  2.  Where the material is accompanied by a plant passport in accordance with Directive 92/105/EEC, the plant passport may, if the supplier so wishes, constitute the supplier's document referred to in paragraph 1. Nonetheless, the remark 'EEC-quality'  and an indication as to the responsible official body under Directive 92/33/EEC must be given, together with a reference to the denomination of the variety. In the case of imports from third countries under Article 16 (2) of Directive 92/33/EEC, the  name of the country of harvesting must also be given. This information may be on the same document as the plant passport but must be clearly separated.   Article 7  1.  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 31 December 1993. They shall forthwith 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.  2.  Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive.   Article 8  This Directive is addressed to the Member States.  Done at Brussels, 2 July 1993.  For the CommissionRené STEICHENMember of the Commission  (1) OJ No L 157, 10. 6. 1992, p. 1.  (2) OJ No L 26, 31. 1. 1977, p. 20.  (3) OJ No L 225, 12. 10. 1970, p. 7.  (4) OJ No L 4, 8. 1. 1993, p. 22.      ANNEX    /* Tables: see OJ */


title: Commission Directive 2007/31/EC of 31 May 2007 amending Council Directive 91/414/EEC as regards the specific provisions set for the use of the active substance fosthiazate (Text with EEA relevance)

text:
               1.6.2007

               EN

               Official Journal of the European Union

               L 140/44

      COMMISSION DIRECTIVE 2007/31/EC
   of 31 May 2007
   amending Council Directive 91/414/EEC as regards the specific provisions set for the use of the active substance fosthiazate
   (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 the second indent of the second subparagraph of Article 6(1) thereof,
   Whereas:

               (1)

               By Commission Directive 2003/84/EC (2) fosthiazate was included as active substance in Annex I to Directive 91/414/EEC.

               (2)

               When applying for the inclusion of fosthiazate its manufacturer ISK Biosciences Europe S.A. submitted data on uses to control nematodes which supported the overall conclusion that it may be expected that plant protection products containing fosthiazate will fulfil the safety requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC. Therefore, fosthiazate was included in Annex I to that Directive with the specific provisions that Member States may only authorise uses as nematicide.

               (3)

               In addition to the control of nematodes in certain agricultural uses, the notifier now has applied for an amendment to those specific provisions as regards the control of insects. In order to support such an extension of the use, the notifier submitted additional information.

               (4)

               The Netherlands and the United Kingdom evaluated the information and data submitted by the company. They informed the Commission in May and November 2006, respectively, that they conclude that the requested extension of use does not cause any risks in addition to those already taken into account in the specific provisions for fosthiazate in Annex I to Directive 91/414/EEC and in the Commission review report for that substance. This is particularly the case since the extension only concerns the organisms controlled, but not the application parameters as set out in the specific provisions of Annex I to Directive 91/414/EEC.

               (5)

               Therefore it is justified to modify the specific provisions for fosthiazate.

               (6)

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

               (7)

               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 1 September 2007 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 2 September 2007.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall 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
   This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 31 May 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/25/EC (OJ L 106, 24.4.2007, p. 34).

      (2)  OJ L 247, 30.9.2003, p. 20. Directive as amended by Directive 2004/64/EC (OJ L 125, 28.4.2004, p. 42).

      ANNEX
      In Annex I to Directive 91/414/EEC, row 69 is replaced by the following:

                     ‘69

                     Fosthiazate
                     CAS No 98886-44-3
                     CIPAC No 585

                     (RS)-S-sec-butyl O-ethyl 2-oxo-1,3-thiazolidin-3-ylphosphonothioate

                     930 g/kg

                     1 January 2004

                     31 December 2013

                     Only uses as insecticide or nematicide may be authorised.
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on fosthiazate, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 4 July 2003 shall be taken into account. In this overall assessment Member States

                                 —

                                 should pay particular attention to the protection of groundwater, when the active substance is applied in regions with vulnerable soil and/or climate conditions;

                                 —

                                 should pay particular attention to the protection of birds and wild mammals in particular if the substance is applied during the breeding season;

                                 —

                                 should pay particular attention to the protection of non-target soil organisms.

                           Risk mitigation measures should be applied where appropriate. In order to mitigate the potential risk to small birds, product authorisations must require that a very high level of incorporation of granules into soil is achieved.
                     The Member States shall inform the Commission in accordance with Article 13(5) on the specification of the technical material as commercially manufactured.’


Avis juridique important

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31992L0041

Council Directive 92/41/EEC of 15 May 1992 amending Directive 89/622/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products

Official Journal L 158 , 11/06/1992 P. 0030 - 0033 Finnish special edition: Chapter 15 Volume 11 P. 0047  Swedish special edition: Chapter 15 Volume 11 P. 0047

COUNCIL DIRECTIVE 92/41/EEC  of 15 May 1992  amending Directive 89/622/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco productsTHE COUNCIL OF THE  EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas there are differences between the laws, regulations and administrative provisions of the Member States on the labelling of tobacco products; whereas these differences are likely to constitute barriers to trade and to impede the establishment and  operation of the internal market;  Whereas these possible barriers should be eliminated and whereas, to that end, the marketing and free movement of tobacco products should be made subject to common rules concerning their labelling;  Whereas such common rules must take due account of public health protection, and of the protection of young persons in particular, taking as a base of high level of health protection, according to Article 100a (3) of the Treaty;  Whereas the Council and the representatives of the Governments of the Member States, meeting within the Council, in their resolution of 7 July 1986 on a programme of action of the European Communities against cancer (4), set for this programme the  objective of contributing to an improvement of the health and quality of life of citizens within the Community by reducing the number of cancers and whereas they have for this purpose identified a fight against the use of tobacco products as their prime  objective;  Whereas, for the purposes of providing objective information on the risks entailed in tobacco consumption, Council Directive 89/622/EEC (5) established a general warning to be carried on the unit packaging of all tobacco products, together with  additional warnings exclusively for cigarettes;  Whereas the Commission, at the request of the Council, undertook to propose an amendment to Directive 89/622/EEC so as to establish additional specific warnings to be carried on the unit packaging of tobacco products other than cigarettes;  Whereas scientific experts are of the opinion that all tobacco products carry health risks;  Whereas, in relation to their effects on health and for the purposes of their labelling, a distinction needs to be made between smoking tobacco products and smokeless tobacco products;  Whereas rolling tobaccos carry the same health risks as cigarettes and it is therefore appropriate that the specific warnings selected for cigarettes should apply also to rolling tobaccos;  Whereas other smoking tobacco products carry similar health risks to those carried by cigarettes; whereas, however, the range of such products is more varied; whereas such products should therefore be required to carry specific warning which accord with  appropriate rules;  Whereas it has been proved that smokeless tobacco products are a major risk factor as regards cancer and whereas they should therefore carry a specific warning of that risk;  Whereas scientific experts are of the opinion that the addiction caused by tobacco consumption constitutes a danger meriting a specific warning on every tobacco product;  Whereas, moreover, new tobacco products for oral use which have appeared on the market in certain Member States are particularly attractive to young people and whereas the Member States most exposed to this problem have already placed total bans on  these new tobacco products or intend so to do;  Whereas, regarding such products, there are differences between the laws, regulations and administrative provisions of the Member States and whereas these products therefore need to be made subject to common rules;  Whereas there is a real risk that the new products for oral use will be used above all by young people, thus leading to nicotine addiction, unless restrictive measures are taken in time;  Whereas, in accordance with the conclusions of the studies conducted by the International Agency for Research on Cancer, tobacco for oral use contains particularly large quantities of carcinogenic substances; whereas these new products cause cancer of  the mouth in particular;  Whereas, the sales bans on such tobacco already adopted by three Member States have a direct impact on the establishment and operation of the internal market; whereas it is therefore necessary to approximate Member States' laws, regulations and  administrative provisions in this area, taking as a base a high level of health protection; whereas the only appropriate measure is a total ban; whereas, however, such a ban should not affect traditional tobacco products for oral use, which will remain  subject to the provisions of Directive 89/622/EEC, as amended by this Directive, applicable to smokeless tobacco products;  Whereas, finally, the initiatives set in this Directive will have an even more beneficial effect on public health if they are coupled with health education programmes during the years of compulsory education and with information and public awareness  campaigns,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 89/622/EEC is hereby amended as follows:  1. The following shall be added to the title and to Article 1:  'and the prohibition of the marketing of certain types of tobacco for oral use.'  2. The following point shall be added to Article 2:  '4. "Tobacco for oral use", for the purposes of Article 8a, means all products for oral use, except those intended to be smoked or chewed, made wholly or partly of tobacco, in powder or particulate form or in any combination of these forms -  particularly those presented in sachet portions or porous sachets - or in a form resembling a food product.'  3. Article 4 shall be amended as follows:  (a) in paragraph 2 the word 'Annex' shall be replaced by 'Annex I';  (b) the following paragraph shall be inserted:  '2a. In addition to the general warning referred to in paragraph 1, unit packets of tobacco products other than cigarettes shall carry specific warnings which accord with the following rules:  (a) on the other large surface of rolling tobacco packets, the specific warnings, of which each Member State shall draw up a list taken exclusively from the warnings listed in Annex I, shall be rotated in such a way as to guarantee the successive  appearance of each warning on an equal quantity of unit packets, with a tolerance of approximately 5 %;  (b) unit packets of cigars, cigarillos, pipe tobacco or other smoking tobacco products with the exception of cigarettes and rolling tobacco shall carry a specific warning from among those in Annex II, in such a way as to ensure that they are in actual  fact rotated;  (c) unit packets of smokeless tobacco products shall carry the following specific warning: "Causes cancer".  The specific warnings shall be printed on, or irremovably affixed to, the unit packets in the official language or languages of the country of final marketing.'  (c) paragraph 3 shall be replaced by the following:  '3. Member States may stipulate that the warnings referred to in paragraphs 1, 2 and 2a be combined with the indication of the authority that is their author.'  (d) paragraph 5 shall be replaced by the following:  '5. On tobacco products other than cigarettes, the general warning provided for in paragraph 1 and the specific warning provided for in paragraph 2a shall be printed or irremovably affixed. Each warning must, in each language used, cover at least 1 % of  the total surface of the unit packet. It must, in any event, be easily visible, clearly legible and indelible. The warnings must appear in a conspicuous place on a contrasting background and must not in any way be hidden, obscured or interrupted by  other written or pictorial matter.'  4. Article 5 shall be replaced by the following:  'Article 5  The Commission shall adapt to technical progress, in accordance with Articles 6 and 7, the measurement and verification methods referred to in Article 3 (1) and (2) and, if necessary, the definitions referred to in Article 2 (2) and (3).'  5. The following Article shall be inserted:  'Article 8a  Member States shall prohibit the placing on the market of tobacco for oral use as defined in Article 2 (4).'  6. The Annex shall be replaced by those attached to this Directive.  Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions to comply with this Directive not later than 1 July 1992. They shall immediately inform the Commission thereof and shall communicate to it the  essential provisions of national law they have adopted in the field covered by this Directive.  When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.  2. The amendment to Directive 89/622/EEC referred to in Article 1 (5) become applicable not later than 1 July 1992. The amendments to Directive 89/622/EEC referred to in Article 1 (3), (4) and (6) shall become applicable not later than 1 January 1994.  However, products existing at that date which do not comply with the requirements of Article 4 (2a), (3) and (5) of Directive 89/662/EEC may still be marketed until 31 December 1994.  Article 3  1. The Commission shall publish in the Official Journal of the European Communities the national lists of warnings provided for in Article 4 (2a) (a) of Directive 89/662/EEC for rolling tobacco.  2. Member States which, after 31 December 1993, amend their list of warnings as referred to in paragraph 1 shall notify such amendment, eighteen months before its application, to the Commission, which shall publish it in the Official Journal of the  European Communities.  Article 4  This Directive is addressed to the Member States. Done at Brussels, 15 May 1992. For the Council  The President  Arlindo DE CARVALHO   (1) OJ No C 29, 5. 2. 1991, p. 5; OJ No C 260, 5. 10. 1991, p. 7. (2) OJ No C 240, 16. 9. 1991, p. 24; OJ No C 94, 13. 4. 1992. (3) OJ No C 191, 22. 7. 1991, p. 37. (4) OJ No C 184, 23. 7. 1986, p. 19. (5) OJ No L 359, 8. 12. 1989, p. 1.    ANNEX  'ANNEX I  List of health warnings referred to in Article 4 (2) and (2a) (a)  A. Warnings which must be included on the national lists  1. Smoking causes cancer.  2. Smoking causes heart disease.  B. Warnings from amongst which Member States may choose  1. Smoking causes fatal diseases.  2. Smoking kills.  3. Smoking can kill.  4. Smoking when pregnant harms your baby.  5. Protect children: don't make them breathe your smoke.  6. Smoking damages the health of those around you.  7. Stopping smoking reduces the risk of serious disease.  8. Smoking causes cancer, chronic bronchitis and other chest diseases.  9. More than (. . .) people die each year in . . . (name of country) of lung cancer.  10. Every year, . . . people are killed in road accidents in . . . (name of country) - . . . . times more die from their addiction to smoking.  11. Every year, addiction to smoking claims more victims than road accidents.  12. Smokers die younger.  13. Don't smoke if you want to stay healthy.  14. Save money: stop smoking.  15. Smoking causes addiction.   ANNEX II  List of health warnings referred to in Article 4 (2a) (b)  1. Smoking causes cancer.  2. Smoking causes fatal diseases.  3. Smoking damages the health of those around you.  4. Smoking causes heart disease.'