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31980L0502

Council Directive 80/502/EEC of 6 May 1980 amending Directive 74/63/EEC on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs

Official Journal L 124 , 20/05/1980 P. 0017 - 0018 Greek special edition: Chapter 03 Volume 28 P. 0164  Spanish special edition: Chapter 03 Volume 18 P. 0012  Portuguese special edition Chapter 03 Volume 18 P. 0012  Finnish special edition: Chapter 3 Volume 12 P. 0028  Swedish special edition: Chapter 3 Volume 12 P. 0028

COUNCIL DIRECTIVE  of 6 May 1980  amending Directive 74/63/EEC on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs  (80/502/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas in order to implement Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs (4), as last amended by Directive 76/934/EEC (5), it appears necessary to complete the definition of technical terms to which this Directive refers;  Whereas it should be specified that the Directive is without prejudice to any provisions that may be taken concerning micro-organisms in feedingstuffs;  Whereas it is justifiable to grant Member States the possibility of derogating from the maximum permitted levels in the case of fodder which is produced and used on the same agricultural holding, provided that neither animal nor human health can suffer harm thereby,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 74/63/EEC shall be amended as follows:    1. The following subparagraph shall be added to Article 1 (2):  "(d) micro-organisms in feedingstuffs."       2. In the German text of Article 2 (b) the words "ohne Be- und Verarbeitung" shall be replaced by the words "im jeweils gegebenen Zustand".       3. The following subparagraphs shall be added to Article 2:  "  (f)  Animals : animals belonging to species normally nourished and kept or consumed by man;   (g) Pet animals : animals belonging to species normally nourished and kept but not consumed by man, except animals bred for fur production;   (h) Compound feedingstuffs : organic or inorganic substances in mixtures, whether or not containing additives, for oral animal feeding in the form of complete feedingstuffs or complementary feedingstuffs."  (1)OJ No C 197, 18.8.1977, p. 3. (2)OJ No C 63, 13.3.1978, p. 53. (3)OJ No C 84, 8.4.1978, p. 4. (4)OJ No L 38, 11.2.1974, p. 31. (5)OJ No L 364, 31.12.1976, p. 4.        4. The following paragraph shall be added to Article 3:  "3. Member States may authorize the maximum permitted levels provided for in the Annex in respect of feedingstuffs to be exceeded in the case of fodder which is produced and used in the same state on the same agricultural holding, where this is necessary for particular local reasons. The Member States concerned shall ensure that neither animal nor human health can suffer harm thereby."          Article 2 The Member States shall bring into force, on 1 July 1981, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 6 May 1980.  For the Council  The President  G. MARCORA


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31993L0056

Commission Directive 93/56/EEC of 29 June 1993 amending Council Directive 82/471/EEC concerning certain products used in animal nutrition

Official Journal L 206 , 18/08/1993 P. 0013 - 0014 Finnish special edition: Chapter 3 Volume 51 P. 0192  Swedish special edition: Chapter 3 Volume 51 P. 0192

COMMISSION DIRECTIVE 93/56/EEC of 29 June 1993 amending Council Directive 82/471/EEC concerning certain products used in animal nutritionTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (1), as last amended by Commission Directive 93/26/EEC (2), and in particular Article 6 thereof,  Whereas Directive 82/471/EEC provides for the content of the Annexes to be regularly adapted to take account of advances in scientific and technical knowledge;  Whereas the study of the non-protein nitrogenous compound 'ammonium sulfate' and of hydroxyanalogue of methionine and its calcium salt has permitted a beneficial effect in ruminants to be established; whereas authorization for the use of the products in  question should therefore be extended to this category of animal;  Whereas the measures provided for in this Directive are in accordance with the Standing Committee on Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annex to Directive 82/471/EEC is hereby amended as set out in the Annex to this Directive.  Article 2  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with Article 1 by 30 June 1994 at the latest. They shall immediately inform the Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 29 June 1993.  For the Commission René STEICHEN Member of the Commission (1) OJ No L 213, 21. 7. 1982, p. 8.  (2) OJ No L 179, 22. 7. 1993, p. 2.    ANNEX  1. In group 2, 'Non-protein nitrogenous compounds', under point 2.2, 'Ammonium salts', the following product is added:   /* Tables: see OJ */      'Hydroxy analogue of methionine' and 4.1.2, 'Calcium salt of hydroxyanalogue of methionine'.


title: Commission Directive 2006/37/EC of  30 March 2006  amending Annex II to Directive 2002/46/EC of the European Parliament and of the Council as regards the inclusion of certain substances   (Text with EEA relevance)

text:
               1.4.2006

               EN

               Official Journal of the European Union

               L 94/32

      COMMISSION DIRECTIVE 2006/37/EC
   of 30 March 2006
   amending Annex II to Directive 2002/46/EC of the European Parliament and of the Council as regards the inclusion of certain substances
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (1), and in particular Article 4(5) thereof,
   After consulting the European Food Safety Authority,
   Whereas:

               (1)

               Directive 2002/46/EC specifies the vitamins and minerals, and for each of them the forms, that may be used for the manufacture of food supplements.

               (2)

               Those vitamin and mineral substances that have been evaluated by the European Food Safety Authority (hereafter ‘the Authority’) and have received a favourable scientific evaluation should be included in the Annexes to Directive 2002/46/EC.

               (3)

               Favourable scientific evaluation for some vitamins and mineral substances has been recently given and made public by the Authority.

               (4)

               It is appropriate to replace the category heading ‘folic acid’ in order to take account of the inclusion of other forms of folate in Annex II to Directive 2002/46/EC.

               (5)

               Directive 2002/46/EC should therefore be amended accordingly.

               (6)

               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 II to Directive 2002/46/EC is amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 April 2007 at the latest. 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 20th 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, 30 March 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 183, 12.7.2002, p. 51.

      ANNEX
      Annex II to Directive 2002/46/EC is amended as follows:

                  1.

                  In Section A. Vitamins:

                              (a)

                              the heading ‘10. FOLIC ACID’ is replaced by ‘10. FOLATE’

                              (b)

                              the following line is added under the heading 10. FOLATE:

                                          ‘(b)

                                          calcium-L-methylfolate’

                  2.

                  In Section B. Minerals, the following line is inserted before cupric carbonate:
                  ‘ferrous bisglycinate’.


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31983L0183

Council Directive 83/183/EEC of 28 March 1983 on tax exemptions applicable to permanent imports from a Member State of the personal property of individuals

Official Journal L 105 , 23/04/1983 P. 0064 - 0067 Finnish special edition: Chapter 9 Volume 1 P. 0117  Spanish special edition: Chapter 09 Volume 1 P. 0161  Swedish special edition: Chapter 9 Volume 1 P. 0117  Portuguese special edition Chapter 09 Volume 1 P. 0161

COUNCIL DIRECTIVE of 28 March 1983 on tax exemptions applicable to permanent imports from a Member State of the personal property of individuals (83/183/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 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, in order that the people of the Member States become more aware of the existence of the European Community, further measures to benefit private individuals should be taken in order to create conditions in the Community similar to those in a domestic market;  Whereas, in particular, the tax obstacles to the importation by private individuals of personal property into one Member State from another Member State are such as to hinder the free movement of persons within the Community ; whereas, therefore, these obstacles should be eliminated as far as possible by the introduction of tax exemptions;  Whereas these tax exemptions may apply only to imports of goods which are not of a commercial or speculative nature ; whereas the application of the exemptions should therefore be made subject to limits and conditions,  HAS ADOPTED THIS DIRECTIVE:    TITLE I GENERAL PROVISIONS  Article 1 Scope  1. Every Member State shall, subject to the conditions and in the cases hereinafter set out, exempt personal property imported permanently from another Member State by private individuals from turnover tax, excise duty and other consumption taxes which normally apply to such property.  2. Specific and/or periodical duties and taxes connected with the use of such property within the country, such as for instance motor vehicle registration fees, road taxes and television licences, are not covered by this Directive.   Article 2 Conditions relating to property  1. For the purposes of this Directive, "personal property" means property for the personal use of the persons concerned or the needs of their household. Such property must not, by reason of its nature or quantity, reflect any commercial interest, nor be intended for an economic activity within the meaning of Article 4 of Directive 77/388/EEC (4). However, the tools or instruments necessary to the person concerned for the exercise of his trade or profession shall also be treated as personal property.  2. The exemption for which Article 1 makes provision shall be granted for personal property:    (a) which has been acquired under the general conditions of taxation in force in the domestic market of one of the Member States and which is not the subject, on the grounds of exportation, of any exemption or any refund of turnover tax, excise duty or any other consumption tax. For the purposes of this Directive, the goods acquired under the conditions referred to in Article 15 (10) of Directive 77/388/EEC shall be deemed to have met these conditions;       (b) of which the person concerned has had the use, in the Member States from which it is being exported, for a period of at least:  - six months before the change of residence in the case of motor-driven vehicles (including their  (1) OJ No C 267, 21.11.1975, p. 11. (2) OJ No C 53, 8.3.1976, p. 39. (3) OJ No C 131, 12.6.1976, p. 49. (4) OJ No L 145, 13.6.1977, p. 1.  trailers), caravans, mobile homes, pleasure boats and private aircraft,   - three months before the change of residence or the setting up of a secondary residence in the case of other property.  However, for the goods referred to in the second sentence of (a), Member States may increase the above periods to 12 months.         3. The competent authorities shall demand proof that the conditions in paragraph 2 have been satisfied in the case of motor-driven vehicles (including their trailers), caravans, mobile homes, pleasure boats and private aircraft. In the case of other property, they shall demand such proof only where there are grave suspicions of fraud.   Article 3 Import conditions  The importation of the property may be carried out at one or more times within the periods laid down in Articles 7, 8, 9 and 10 respectively.   Article 4 Obligations subsequent to importation  The property imported shall not be disposed of, hired out or lent during the period of 12 months following its importation free of duty, except in circumstances duly justified to the satisfaction of the competent authorities of the Member State of importation.   Article 5 Specific conditions for certain types of property  1. Member States may provide that the goods listed in Article 4 (1) of Directive 69/169/EEC (1), as last amended by Directive 82/443/EEC (2), may be imported free of duty only up to the quantities laid down in that Article for travel between Member States.  2. The exemption on the importation of riding horses, motor-driven road vehicles (including trailers), caravans, mobile homes, pleasure boats and private aircraft shall be granted only if the private individual transfers his normal residence to the Member State of importation.   Article 6 General rules for determining residence  1. For the purposes of this Directive, "normal residence" means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.  However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.  2. Individuals shall give proof of their place of normal residence by any appropriate means, such as their identity card or any other valid document.  3. Where the competent authorities of the Member State of importation have doubts as to the validity of a statement as to normal residence made in accordance with paragraph 2, or for the purpose of certain specific controls, they may ask for any information they require or for additional proof.   TITLE II IMPORTATION OF PERSONAL PROPERTY IN CONNECTION WITH A TRANSFER OF NORMAL RESIDENCE  Article 7 1. The exemption for which Article 1 makes provision shall be granted, subject to the conditions laid down in Articles 2 to 5, in respect of personal property imported by a private individual when transferring his normal residence.  2. The last of the property must be imported not later than 12 months after the transfer of the normal residence.  (1) OJ No L 133, 4.6.1969, p. 6. (2) OJ No L 206, 14.7.1982, p. 35.    TITLE III IMPORTATION OF PERSONAL PROPERTY IN CONNECTION WITH THE FURNISHING OR RELINQUISHMENT OF A SECONDARY RESIDENCE  Article 8 1. The exemption for which Article 1 makes provision shall be granted, subject to the conditions laid down in Articles 2 to 5, for personal property imported by a private individual to furnish a secondary residence.  This exemption shall be granted only where:    (i) the person concerned is the owner of the secondary residence or is renting it for a period of at least 12 months;       (ii) the property imported corresponds to the normal furniture of the secondary residence.         2. The exemption shall also be granted, subject to the conditions mentioned in paragraph 1, where, following the relinquishment of a secondary residence, property is imported to the normal residence or to another secondary residence, provided that the property in question has actually been in the possession of the person concerned, and that he has had the use of it, for a period of at least 12 months.  The last of the property must be imported not later than 12 months after the secondary residence has been relinquished.  Article 4 shall not apply where property is re-imported.   TITLE IV IMPORTATION OF PROPERTY ON MARRIAGE  Article 9 1. By derogation from the second indent of Article 2 (2) (b), but without prejudice to the other provisions contained in Articles 2 to 5, any person shall on marrying be entitled to exemption from the taxes referred to in Article 1 when importing into the Member State to which he intends to transfer his normal residence personal property which he acquired or which came into his possession less than three months previously, provided that:    (a) such importation takes place within a period beginning two months before the marriage date envisaged and ending four months after the actual marriage date;       (b) the person concerned provides evidence that his marriage has taken place or that the necessary preliminary formalities for the marriage have been put in hand.         2. Exemption shall also be granted in respect of presents customarily given on the occasion of a marriage which are sent to a person fulfilling the conditions laid down in paragraph 1 by persons having their normal place of residence in a Member State other than that of importation. The exemption shall apply to presents of a unit value not exceeding 200 ECU. Member States may, however, grant exemption where 200 ECU is exceeded, provided that the value of each present exempted does not exceed 1 000 ECU.  3. Member States may make the granting of such exemption dependent on the provision of an adequate guarantee, where property is imported before the date of the marriage.  4. Where the individual fails to provide proof of his marriage within four months of the date given for such marriage, the taxes shall be due on the date of importation.   TITLE V IMPORTATION OF THE PERSONAL PROPERTY OF A DECEASED PERSON, ACQUIRED BY INHERITANCE  Article 10 1. By way of derogation from Articles 2 (2) and (3) and 4 and 5 (2), but without prejudice to the other provisions contained in Articles 2, 3 and 5, any private individual who acquires by inheritance (causa mortis) the ownership or the beneficial ownership of personal property of a deceased person which is situated within a Member State shall be entitled to exemption from the taxes referred to in Article 1 when importing such property into another Member State in which he has a residence, provided that:    (a) such individual provides the competent authorities of the Member State with a declaration issued by a notary or other competent authority in the Member State of exportation that the property he is importing was acquired by inheritance;       (b) the property is imported not more than two years after the date on which such individual enters into possession of the property.           TITLE VI FINAL PROVISIONS  Article 11 1. Until the entry into force of the Community tax rules adopted pursuant to Article 14 (2) of Directive 77/388/EEC, Member States shall endeavour to reduce as far as possible the formalities for imports by private individuals within the limits and subject to the conditions laid down in this Directive and shall endeavour to avoid importation formalities entailing controls which result in substantial unloading and reloading at the frontier.  2. Member States may retain and/or introduce more liberal conditions for granting tax exemptions than those laid down in this Directive, with the exception of those laid down in Article 2 (2).  3. Without prejudice to Article 2 (2), Member States may not, by virtue of this Directive, apply within the Community tax exemptions less favourable than those which they accord to imports by private individuals of personal property from third countries.   Article 12 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1984 at the latest. They shall forthwith inform the Commission thereof. However, the Hellenic Republic may retain its taxation system currently in force, provided that double taxation is avoided, until the common VAT system is introduced.  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, and in particular any resulting from the application of the provisions of Article 11 (2) and (3). The Commission shall inform the other Member States of the latter provisions.  3. Every two years the Commission shall, after consulting the Member States, send the Council and the European Parliament a report on the implementation of this Directive in the Member States.   Article 13 This Directive is addressed to the Member States.     Done at Brussels, 28 March 1983.  For the Council  The President  J. ERTL


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31994L0022

Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons

Official Journal L 164 , 30/06/1994 P. 0003 - 0008 Finnish special edition: Chapter 6 Volume 4 P. 0237  Swedish special edition: Chapter 6 Volume 4 P. 0237

DIRECTIVE 94/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof  30 May 1994on the conditions for granting and using authorizations for the prospection,  exploration and production of hydrocarbonsTHE EUROPEAN PARLIAMENT AND THE COUNCIL  OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and in particular Article 57 (2),  first and third sentences, Articles 66 and 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 referred to in Article 189b of the Treaty (3), Whereas the internal market comprises an area without internal frontiers in which the free movement  of goods, services, persons and capital is ensured; whereas the necessary measures must be adopted  for its operation; Whereas in its resolution of 16 September 1986 (4), the Council identified as an objective of the  energy policy of the Community and the Member States the greater integration, free from barriers to  trade, of the internal energy market with a view to improving security of supply, reducing costs  and improving economic competitiveness; Whereas the Community largely depends on imports for its hydrocarbon supply; whereas it is  consequently advisable to encourage the best possible prospection, exploration and production of  the resources located in the Community; Whereas Member States have sovereignty and sovereign rights over hydrocarbon resources on their  territories; Whereas the Community is a signatory to the United Nations Convention on the Law of the Sea; Whereas steps must be taken to ensure the non-discriminatory access to and pursuit of activities  relating to the prospection, exploration and production of hydrocarbons under conditions which  encourage greater competition in this sector and thereby to favour the best prospection,  exploration and production of resources in Member States and to reinforce the integration of the  internal energy market; Whereas, for this purpose, it is necessary to set up common rules for ensuring that the procedures  for granting authorizations for the prospection, exploration and production of hydrocarbons must be  open to all entities possessing the necessary capabilities; whereas authorizations must be granted  on the basis of objective, published criteria; whereas the conditions under which authorizations  are granted must likewise be known in advance by all entities taking part in the procedure; Whereas Member States must retain the options to limit the access to and the exercise of these  activities for reasons justified by public interest and to subject to the payment of a financial  contribution or a contribution in hydrocarbons, the detailed arrangements of the said contribution  having to be fixed in such a way as not to interfere in the management of entities; whereas these  options must be used in a non-discriminatory way; whereas, with the exception of the obligations  related to the use of this option, steps must be taken to avoid imposing on entities, conditions  and obligations which are not justified by the need to perform this activity properly; whereas the  activities of entities must be monitored only to the extent necessary to ensure their compliance  with these obligations and conditions; Whereas the extent of the areas covered by an authorization and the duration of the authorization  must be limited with a view to preventing the reservation to a single entity of an exclusive right  over an area which can be prospected, explored and brought into production more efficiently by  several entities; Whereas Member States' entities should enjoy in third countries a treatment comparable to that  enjoyed by third countries' entities in the Community by virtue of this Directive; whereas it is  necessary to lay down a procedure to this end; Whereas this Directive should apply to authorizations issued after the date by which Member States  have to bring into force the laws, regulations and administrative provisions necessary to comply  with this Directive; Whereas Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities  operating in the water, energy, transport and telecommunications sectors (1) and Council Directive  93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the  water, energy, transport and telecommunications sectors (2) apply to the entities in the energy  sector as regards their procurement of supplies, of works and of services; whereas the application  of the alternative arrangements provided for under Article 3 of Directive 90/531/EEC is subject in  particular to the condition that, in the Member State requesting the application of these  arrangements, authorizations be granted in a non-discriminatory and transparent manner; whereas a  Member State fulfils this condition from the moment when and for as long as it complies with the  requirements of this Directive; whereas it is consequently necessary to amend Directive  90/531/EEC; Whereas Article 36 of Directive 90/531/EEC provides for a review within four years, in the light of  developments concerning in particular progress in market opening and the level of competition, of  the field of application of that Directive. This review of the field of application includes  hydrocarbon exploration and extraction; Whereas Denmark is in a special situation, due to the fact that it is obliged to enter into  negotiations on a possible continuation of the activities after the expiry of the concession,  issued on 8 July 1962, concerning the areas which are relinquished on 8 July 2012 and that Denmark  will thus be accorded a derogation concerning these areas, HAVE ADOPTED THIS DIRECTIVE: Article 1For the purposes of this Directive: 1. 'competent authorities' means the public authorities, as defined in Article 1 (1) of Directive  90/531/EEC, which are responsible for granting authorization and/or monitoring use thereof; 2. 'entity' means any natural or legal person or any group of such persons which applies for, is  likely to apply for or holds an authorization; 3. 'authorization' means any law, regulation, administrative or contractual provision or instrument  issued thereunder by which the competent authorities of a Member State entitle an entity to  exercise, on its own behalf and at its own risk, the exclusive right to prospect or explore for or  produce hydrocarbons in a geographical area. An authorization may be granted for each activity  separately or for several activities at a time; 4. 'public entity' means a public undertaking as defined in Article 1 (2) of Directive 90/531/EEC. Article 21. Member States retain the right to determine the areas within their territory to be  made available for the exercise of the activities of prospecting, exploring for and producing  hydrocarbons. 2. Whenever an area is made available for the exercise of the activities set out in paragraph 1,  Member States shall ensure that there is no discrimination between entities as regards access to  and exercise of these activities. However, Member States may refuse, on grounds of national security, to allow access to and exercise  of these activities to any entity which is effectively controlled by third countries or third  country nationals. Article 31. Member States shall take the necessary measures to ensure that authorizations are  granted following a procedure in which all interested entities may submit applications in  accordance either with paragraph 2 or 3. 2. This procedure shall be initiated: (a) either at the initiative of the competent authorities by means of a notice inviting  applications, to be published in the Official Journal of the European Communities at least 90 days  before the closing date for applications; (b) or by means of a notice inviting applications, to be published in the Official Journal of the  European Communities following submission of an application by an entity without prejudice to  Article 2 (1). Other interested entities shall have a period of at least 90 days after the date of  publication in which to submit an application. Notices shall specify the type of authorization, the geographical area or areas in part or all of  which an application has been or may be made and the proposed date or time limit for granting  authorization. Where preference is given to applications by entities which are single natural or legal persons,  the notice shall so specify. 3. Member States may grant authorizations without initiating a procedure under paragraph 2 where  the area for which authorization is requested: (a) is available on a permanent basis; or(b) has been the subject of a previous procedure  according to paragraph 2 which has not resulted in the grant of an authorization; or(c) has been  relinquished by an entity and does not fall automatically under (a). A Member State wishing to apply this paragraph shall within three months of the adoption of this  Directive or, in case of Member States who have not yet introduced such procedures, without delay  arrange for the publication in the Official Journal of the European Communities of a notice  indicating the areas within its territory which are available under this paragraph and where  detailed information in this regard can be obtained. Any significant change in this information  shall be the subject of an additional notice. However, no application for an authorization under  this paragraph can be considered until after the publication of the relevant notice under this  text. 4. A Member State may decide not to apply the provisions of paragraph 1 if and to the extent that  geological or production considerations justify the granting of the authorization for an area to  the holder of an authorization for a contiguous area. The Member State concerned shall ensure that  the holders of authorizations for any other contiguous areas are able to submit applications in  such a case and are given sufficient time to do so. 5. The following shall not be considererd as the grant of an authorization within the meaning of  paragraph 1: (a) the grant of an authorization solely by reason of a change of name or ownership of an entity  holding an existing authorization, a change in the composition of such an entity or a transfer of  an authorization; (b) the grant of an authorization to an entity having another form of authorization where the  possession of the latter authorization implies a right to the grant of the former authorization; (c) the decision of the competent authorities taken within the framework of an authorization  (whether or not such authorization was granted before the date fixed in Article 14) and relating to  the commencement, interruption, prolongation or cessation of the activities or to the prolongation  of the authorization itself. 6. Notwithstanding the initiation of the procedures mentioned in paragraph 2, Member States retain  the option to refuse the granting of authorizations, whilst ensuring that this option does not give  rise to discrimination between entities. Article 4Member States shall take the necessary measures to ensure that: (a) if the geographical areas are not delimited on the basis of a prior geometric division of the  territory, the extent of each area is determined in such a way that it does not exceed the area  justified by the best possible exercise of the activities from the technical and economic points of  view. In the case of authorizations granted following the procedures laid down in Article 3 (2),  objective criteria shall be established to this end and shall be made available to the entities  prior to the submission of applications; (b) the duration of an authorization does not exceed the period necessary to carry out the  activities for which the authorization is granted. However, the competent authorities may prolong  the authorization where the stipulated duration is insufficient to complete the activity in  question and where the activity has been performed in accordance with the authorization; (c) entities do not retain exclusive rights in the geographical area for which they have received  an authorization for longer than is necessary for the proper performance of the authorized  activities. Article 5Member States shall take the necessary measures to ensure that: 1. authorizations are granted on the basis of criteria concerning, in all cases: (a) the technical and financial capability of the entities; and(b) the way in which they propose  to prospect, to explore and/or to bring into production the geographical area in question; and, where applicable: (c) if the authorization is put up for sale, the price which the entity is prepared to pay in order  to obtain the authorizations; (d) if, following evaluation under the criteria (a), (b) and, where applicable, (c), two or more  applications have equal merit, other relevant objective and non-discriminatory criteria, in order  to make a final choice among these applications. The competent authorities may also take account, when appraising applications, of any lack of  efficiency and responsibility displayed by the applicants in operations under previous  authorizations. Where the competent authorities determine the composition of an entity to which they may grant an  authorization, they shall make that determination on the basis of objective and non-discriminatory  criteria. Where the competent authorities determine the operator of an entity to which they may grant an  authorization, they shall make that determination on the basis of objective and non-discriminatory  criteria. The criteria shall be drawn up and published in the Official Journal of the European Communities  before the start of the period for submission of applications. Member States which have already  published the criteria in their official journals may limit the publication in the Official Journal  of the European Communities to a reference to the publication in their official journals. However,  any change in criteria shall be published in full in the Official Journal of the European  Communities; 2. the conditions and requirements concerning the exercise or termination of the activity which  apply to each type of authorizations by virtue of the laws, regulations and administrative  provisions in force at the time of submission of the applications, whether contained in the  authorization or being one of the conditions to be accepted prior to the grant of such  authorization, are established and made available to interested entities at all times. In the case  provided for in Article 3 (2) (a), they may be made available only from the date starting from  which applications for authorization may be submitted; 3. any changes made to the conditions and requirements in the course of the procedure are notified  to all interested entities; 4. the criteria, conditions and requirements referred to in this Article are applied in a  non-discriminatory manner; 5. any entity whose application for an authorization is unsuccessful is, if the entity so wishes,  informed of the reasons for the decision. Article 61. Member States shall ensure that the conditions and requirements referred to in  Article 5 (2) and the detailed obligations for use of a specific authorization are justified  exclusively by the need to ensure the proper performance of the activities in the area for which an  authorization is requested, by the application of paragraph 2 or by the payment of a financial  contribution or a contribution in hydrocarbons. 2. Member States may, to the extent justified by national security, public safety, public health,  security of transport, protection of the environment, protection of biological resources and of  national treasures possessing artistic, historic or archaeological value, safety of installations  and of workers, planned management of hydrocarbon resources (for example the rate at which  hydrocarbons are depleted or the optimization of their recovery) or the need to secure tax  revenues, impose conditions and requirements on the exercise of the activities set out in Article 2  (1). 3. The rules for payment of contributions referred to in paragraph 1, including any requirement for  State participation, shall be fixed by Member States in such a way as to ensure that the  independence of management of entities is maintained. However, where the grant of authorizations is subject to the State's participation in the  activities and where a legal person has been entrusted with the management of this participation or  where the State itself manages the participation, neither the legal person nor the State shall be  prevented from assuming the rights and obligations associated with such participation, equivalent  to the importance of the participation provided that the legal person or the State shall not be  party to information nor exercise any voting rights on decisions regarding sources of procurement  for entities, that the legal person or the State in combination with any public entity or entities  shall not exercise a majority voting right on other decisions and that any vote by the State or the  legal person shall be based exclusively on transparent, objective and non-discriminatory  principles, and shall not prevent the management decisions of the entity from being based on normal  commercial principles. However, the provisions of the preceding sub-paragraph shall not prevent the legal person or the  State from opposing a decision by the holders of an authorization which would not respect the  conditions and requirements, specified in the authorization, regarding depletion policy and  protection of the financial interests of the State. The option to oppose a decision shall be exercised in a non-discriminatory manner, particularly  regarding investment decisions and sources of supply of entities. Where the State's participation  in the activities is managed by a legal person which also holds the authorizations, the Member  State shall put in place arrangements requiring that legal person to keep separate accounts for its  commercial role and its role as manager of the State's participation and guaranteeing that there is  no flow of information from the part of the legal person responsible for the management of the  State's participation to the part of the legal person which holds authorizations in its own right.  However, where the part of the legal person responsible for the management of the State's  participation engages the part of the legal person which holds authorization as a consultant, the  former may make available any information which is necessary for the consultancy work to be carried  out. The holders of all authorizations to which the information relates shall be informed in  advance of what information will be given in this way and shall be given sufficient time to raise  objections. 4. Member States shall ensure that the monitoring of entities under an authorization is limited to  that necessary to ensure compliance with the conditions, requirements and obligations referred to  in paragraph 1. In particular, they shall take the measures necessary to ensure that no entity is  required, by any law, regulation or administrative requirement, or by any agreement or undertaking,  to provide information on its intended or actual sources of procurement, except at the request of  the competent authorities and exclusively with a view to the objectives set out in Article 36 of  the Treaty. Article 7Without prejudice to the provisions concerning or contained in individual  authorizations and to the provisions of Article 3 (5) (b) legal, regulatory and administrative  provisions which reserve to a single entity the right to obtain authorizations in a specific  geographical area within the territory of a Member State shall be abolished by the Member States  concerned before 1 January 1997. Article 81. Member States shall inform the Commission of any general difficulty encountered, de  jure or de facto, by entities in access to or exercise of the activities of prospecting, exploring  for and producing hydrocarbons in third countries, which have been brought to their attention.  Member States and the Commission shall ensure that commercial confidentiality is respected. 2. The Commission shall report to the European Parliament and the Council before 31 December 1994,  and periodically thereafter, on the situation of entities in third countries and on the state of  any negotiations undertaken pursuant to paragraph 3 with those countries or in the framework of  international organizations. 3. Whenever the Commission establishes, either on the basis of the reports referred to in paragraph  2 or on the basis of other information, that a third country is not granting Community entities, as  regards access to or exercise of the activities referred to in paragraph 1, treatment comparable to  that which the Community grants entities from that third country, the Commission may submit  proposals to the Community for the appropriate mandate for negotiation with a view to obtaining  comparable competitive opportunities for Community entities. The Council shall decide by qualified  majority. 4. In the circumstances described in paragraph 3, the Commission may at any time propose that the  Council authorize one or more Member States to refuse an authorization to an entity which is  effectively controlled by the third country concerned and/or by nationals of that third country. The Commission may make such a proposal on its own initiative or at the request of a Member State. The Council shall act by qualified majority as soon as possible. 5. Measures taken pursuant to this Article shall be without prejudice to the Community's  obligations under any international agreement governing access to an exercise of the activities of  prospecting, exploring for and producing hydrocarbons. Article 9Each Member State shall publish and communicate to the Commission an annual report  which shall include information on the geographical areas which have been opened for prospecting,  exploration and production, authorizations granted, entities holding authorizations and the  composition thereof and the estimated reserves contained in its territory. This provision does not imply any obligation for Member States to publish information of a  commercially confidential nature. Article 10Member States shall notify the Commission, no later than 1 May 1995, of the competent  authorities. Member States shall notify the Commission without delay of any subsequent changes. The  Commission shall publish the list of competent authorities and any changes thereto in the Official  Journal of the European Communities. Article 11This Directive applies to authorizations granted from the date laid down in Article  14. Article 12The following paragraph shall be added to Article 3 of Directive 90/531/EEC: '5. As regards the exploitation of geographical areas for the purpose of prospecting for or  extracting oil or gas, paragraphs 1 to 4 shall apply as follows from the date on which the Member  State concerned has complied with the provisions of the European Parliament and Council Directive  94/22/EC of 30 May on the conditions for granting and using authorizations for the prospection,  exploration and production of hydrocarbons (*): (a) the conditions laid down in paragraph 1 shall be considered to be satisfied with effect from  that date without prejudice to paragraph 3; (b) with effect from that date, the Member State referred to in paragraph 4 shall be required to  communicate only the provisions relating to compliance with the conditions referred to in  paragraphs 2 and 3. (*) OJ No L 164, 30. 6. 1994, p. 3.'Article 13The provisions of Articles 3 and 5 shall not  apply to new authorizations granted by Denmark before 31 December 2012, in respect of the areas  which are relinquished on 8 July 2012 upon expiry of the authorization issued on 8 July 1962. The  new authorizations shall be granted on the basis of objective and non-discriminatory principles. Consequently, this Article shall not create any precedent for Member States. Article 14Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive by 1 July 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 at the time of their official publication. The methods of making  such reference shall be laid down by Member States. Article 15This Directive shall enter into force on the day of its publication in the Official  Journal of the European Communities. Article 16This Directive is addressed to the Member States. Done at Brussels, 30 May 1994. For the European ParliamentThe PresidentE. KLEPSCHFor the CouncilThe PresidentC.  SIMITIS(1) OJ No C 139, 2. 6. 1992, p. 12. (2) OJ No C 19, 25. 1. 1993, p. 128. (3) Opinion of the European Parliament of 18 November 1992 (OJ No C 337, 21. 12. 1992, p. 145).  Council common position of 22 December 1993 (OJ No C 101, 9. 4. 1994, p. 14) and Decision of the  European Parliament of 9 March 1994 (not yet published in the Official Journal). (4) OJ No C 241, 25. 9. 1986, p. 1. (1) OJ No L 297, 29. 10. 1990, p. 1. (2) OJ No L 199, 9. 8. 1993, p. 84.


Avis juridique important

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31992L0033

Council Directive 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed

Official Journal L 157 , 10/06/1992 P. 0001 - 0009 Finnish special edition: Chapter 3 Volume 42 P. 0107  Swedish special edition: Chapter 3 Volume 42 P. 0107

COUNCIL DIRECTIVE 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seedTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the production of vegetables occupies an important place in the agriculture of the Community;  Whereas satisfactory results in the cultivation of vegetables depend to a large extent on the quality and plant health not only of the seed already covered by Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (4) but  also of the vegetable planting material used for their propagation; whereas certain Member States have in consequence introduced rules intended to guarantee the quality and plant health of the propagating and planting material of vegetable plants placed  on the market;  Whereas the different treatment accorded to vegetable propagating and planting material in different Member  States is likely to create barriers to trade and thus hinder the free movement of these products within the Community; whereas, with a view to  achieving the internal market, these barriers should be removed by adopting Community provisions to replace those laid down by the Member States;  Whereas the establishment of harmonized conditions at Community level will ensure that purchasers throughout the Community receive vegetable propagating and planting material which is healthy and of good quality;  Whereas, in so far as they relate to plant health, such harmonized conditions must be consistent with Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants  or plant products (5);  Whereas, without prejudice to the plant-health provisions of Directive 77/93/EEC, it is not appropriate to apply the Community rules on the marketing of vegetable propagating and planting material when it is shown that such products are intended for  export to third countries, as the rules applicable there may be different from those contained in this Directive;  Whereas the determination of plant-health and quality standards for each genus and species of vegetable plant requires lengthy and detailed technical and scientific consideration; whereas a procedure should accordingly be established for that purpose;  Whereas in the first instance it is the responsibility of the suppliers of vegetable propagating and planting material to ensure that their products fulfil the conditions laid down in this Directive;  Whereas the competent authorities of the Member States must, when carrying out controls and inspections, ensure that suppliers fulfil those conditions;  Whereas Community control measures should be introduced to ensure the uniform application in all the Member States of the standards laid down in this Directive;  Whereas it is in the interests of the purchasers of vegetable propagating and planting materials that the name of varieties be known and their identity safeguarded;  Whereas, to this end, provision should be made as far as possible for the application of the rules on the varietal aspect as established with respect to the marketing of vegetable seed;  Whereas, in order to ensure the identity and orderly marketing of vegetable propagating and planting material, Community rules must be laid down concerning the separation of lots, and marking; whereas the labels used should give the particulars needed  both for official control and for the information of the user;  Whereas rules should be established permitting, in cases of temporary supply difficulties, the marketing of vegetable propagating and planting material subject to requirements less stringent than those contained in this Directive;  Whereas, as a first step towards harmonized conditions, Member States should be prohibited in the case of the genera and species referred to in Annex II, for which fact-sheets will be drawn up, from imposing new conditions or restrictions on the  marketing, other than those provided for in this Directive;  Whereas provisions should be made for authorizing the marketing within the Community of vegetable propagating and planting material produced in third countries, provided always that it affords the same assurances as vegetable propagating and planting  material produced in the Community and complying with Community rules;  Whereas, in order to harmonize technical methods of examination used in the Member States and to compare propagating and planting material and vegetable plants produced in the Community with that produced in third countries, comparative trials should be  carried out to check compliance of such products with the requirements of this Directive;  Whereas, in order to facilitate the effective operation of this Directive, the Commission should be entrusted with the task of adopting measures for its implementation and for the amendment of its Annex, and to provide a procedure to that end involving  close cooperation between the Commission and the Member States within a Standing Committee on Seeds and Propagating Materials, Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. This Directive applies to the marketing of vegetable propagating and planting materials, other than seeds, within the Community.  2. Articles 2 to 20 and 24 shall apply to the genera and species, and their hybrids, listed in Annex II.  Rootstocks and other parts of plants of other genera or species or their hybrids shall also be subject to the abovementioned Articles if material of one of the said genera or species, or of their hybrids, is, or has to be, grafted on to them.  3. Amendments to the list of genera and species in Annex II shall be adopted in accordance with the procedure laid down in Article 22.  Article 2  This Directive shall not apply to propagating or planting material shown to be intended for export to third countries, if properly identified as such and kept sufficiently isolated, without prejudice to the health rules laid down in Directive 77/93/EEC.   Implementing measures for the first subparagraph, with particular reference to identification and isolation, shall be adopted in accordance with the procedure laid down in Article 21.  Article 3  For the purposes of this Directive, the following definitions shall apply:  (a) propagating material: parts of plants and all plant material, including rootstocks intended for the propagation and production of vegetables;  (b) planting material: entire plants and parts of plants including, for grafted plants, the grafted components, intended for planting for the production of vegetables;  (c) supplier: any natural or legal person carrying out professionally at least one of the following activities with regard to vegetable propagating and planting material: reproducing, producing, preserving and/or treating and marketing;  (d) marketing: the holding available or in stock, displaying or offering for sale, selling and/or delivering to another person, in whatever form, of propagating or planting material;  (e) responsible official body:  (i) the sole and central authority, established or designated by the Member State under the supervision of the national government and responsible for questions concerning quality;  (ii) any State authority established:  - either at national level,  - or at regional level, under the supervison of the national authorities within the limits set by the national legislation of the Member State concerned.  The bodies referred to in (i) and (ii) may, in accordance with their national legislation, delegate the tasks provided for in this Directive to be accomplished under their authority and supervision to any legal person, whether governed by public or  private law, which, under its officially approved constitution, is charged exclusively with specific public functions, provided that such person, and its members, have no personal interest in the outcome of the measures they take.  The Member States shall ensure that there is close cooperation between the bodies referred to in (ii) and those referred to in (i).  Moreover, in accordance with the procedure laid down in Article 21, another legal person established on behalf of any body referred to in (i) and (ii) and acting under the authority and supervision of such body may be approved, provided that such person  has no personal interest in the outcome of the measures it takes.  The Member States shall notify the Commission of their responsible official bodies. The Commission shall forward that information to the other Member States;  (f) official measures: measures taken by the responsible official body;  (g) official inspection: inspection carried out by the responsible official body;  (h) official statement: statement issued by, or under the responsibility of, the responsible official body;  (i) lot: a number of units of a single commodity, identifiable by its homogeneity of composition and origin;  (j) laboratory: a public or private law entity carrying out analysis and proper diagnosis, enabling the producer to monitor production quality.  Article 4  In accordance with the procedure laid down in Article 22, a schedule shall be established in Annex I for each genus and species referred to in Annex II and for rootstocks of other genera and species if material of the genus or species is, or has to be,  grafted on to them, with a reference to the plant-health conditions laid down in Directive 77/93/EEC applying to the genus and/or species concerned, and laying down:  (i) the conditions with which vegetable planting material must comply, in particular those relating to the quality and purity of the crop and, where appropriate varietal characteristics. These requirements shall be added to Annex I, Part A;  (ii) the conditions with which propagating material must comply, in particular those relating to the propagation system applied, the purity of the growing crop and, where appropriate, the varietal characteristics. These conditions will be set out in  Annex I, Part B.  Article 5  1. Member States shall ensure that suppliers take all the necessary measures to guarantee compliance with the standards set by this Directive at all stages of the production and marketing of vegetable propagating and planting material.  2. For the purposes of paragraph 1, the said suppliers shall either carry out themselves, or have carried out by an accredited supplier or a responsible official body, checks based on the following principles:  - identification of critical points in their production process on the basis of the production methods used,  - establishment and implementation of methods for monitoring and checking the critical points referred to in the first indent,  - taking samples for analysis in a laboratory accredited by the responsible official body for the purpose of checking compliance with the standards established by this Directive,  - keeping a written record or a record registered in an indelible fashion of the data referred to in the first, second and third indents, as well as records on production and marketing of propagating and planting material, to be held at the disposal of  the responsible official body. These documents and records shall be kept for a period of at least one year.  However, suppliers whose activity in this connection is confined merely to the distribution of vegetable propagating and planting material produced and packaged on premises other than their own shall be required only to keep a written record or a record  registered in an indelible fashion of the buying and selling and/or delivery of such products.  This paragraph shall not apply to suppliers whose activity in this connection is confined to the supply of small quantities of vegetable propagating and planting material to non-professional final consumers.  3. If the result of their own checks or any information at the disposal of the suppliers referred to in paragraph 1 reveals the presence of one or more of the harmful organisms referred to in Directive 77/93/EEC or in quantities greater than those  normally allowed for in order to meet the standards, or of those specified in the relevant schedules established pursuant to Article 4, the suppliers shall immediately report this to the responsible official body and shall take the measures indicated by  that body or any other measure necessary to reduce the risk of such harmful organisms from spreading. The supplier shall keep records of all occurrences of harmful organisms on his premises and of all measures taken in relation to such occurrences.  4. Detailed rules for the application of the second subparagraph of paragraph 2 shall be established in accordance with the produce laid down in Article 21.  Article 6  1. The responsible official body shall accredit suppliers once it has verified that their production methods and establishments meet the requirements of this Directive with regard to the nature of the activities they carry out. Accreditation must be  renewed if a supplier decides to carry out activities other than those for which he has received accreditation.  2. The responsible official body shall accredit laboratories once it has verified that these laboratories, their methods and their establishments meet the requirements of this Directive to be specified according to the procedure laid down in Article 21,  with regard to the testing activities they carry out. Accreditation must be renewed if a laboratory decides to carry out activities other than those for which it has received accreditation.  3. The responsible official body shall take the necessary measures if the requirements referred to in paragraphs 1 and 2 cease to be met. To this end, it shall take particular account of the conclusions of any check carried out in accordance with  Article 7.  4. The supervision and monitoring of suppliers, establishments and laboratories shall be carried out regularly by or under the responsibility of the responsible official body, which shall at all times have free access to all parts of establishments, in  order to ensure compliance with the requirements of this Directive. Implementing measures concerning supervision and monitoring shall be adopted, as necessary, in accordance with the procedure laid down in Article 21.  If such supervision and monitoring reveal that the requirements of this Directive are not being met, the responsible official body shall take appropriate action.  Article 7  1. Commission experts may in cooperation with the responsible official bodies of the Member States, make on-the-spot checks in so far as this is necessary to ensure uniform application of this Directive and in particular to verify whether suppliers are  in effect complying with the requirements of this Directive. A Member State in whose territory a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the Member States of  the result of the investigations.  2. Detailed rules for the application of paragraph 1 shall be adopted in accordance with the procedure laid down in Article 21.  Article 8  1. Vegetable propagating and planting material may be marketed only by accredited suppliers and provided they meet the requirements laid down in the schedule referred to in Article 4.  2. Without prejudice to the provisions of Directive 77/93/EEC, paragraph 1 shall not apply to vegetable propagating and planting material intended for:  (a) trials or scientific purposes; or (b) selection work; or (c) measures aimed at preserving genetic diversity.  Detailed rules for the application of points (a) and (b) shall be adopted as necessary in accordance with the procedure laid down in Article 21. Detailed rules for the application of point (c) shall be adopted preferably before 1 January 1993, in  accordance with the same procedure.  Article 9  1. Without prejudice to Article 2, vegetable propagating and planting material which belongs to genera or species listed in Annex II and is also covered by Directive 70/458/EEC shall not be marketed within the Community unless it belongs to a variety  accepted in accordance with Directive 70/458/EEC.  2. Without prejudice to Article 2 and paragraphs 3 and 4 of this Article, vegetable propagating and planting material which belongs to genera or species listed in Annex II but which is not covered by Directive 70/458/EEC shall not be marketed within the  Community unless it belongs to a variety officially accepted in at least one Member State.  The provisions laid down in Articles 4, 5 and 10 (3) of Directive 70/458/EEC shall apply to the conditions for acceptance.  Articles 3 (2) and (4), 6, 7, 8, 10 (1), (2) and (4) and 11 to 15 of the said Directive shall apply mutatis mutandis to the procedures and formalities for acceptance and maintenance production.  The results of unofficial tests and practical information gathered in the course of growing may be taken into consideration in each instance.  3. Member States shall take all necessary steps to ensure that the official acceptance of varieties belonging to the genera or species referred to in paragraph 2 which was granted prior to 1 January 1993 in accordance with principles other than those  laid down in Directive 70/458/EEC or on the basis of the fact that their material was marketed in their territory before that date expires on 30 June 1998 at the latest, unless the varieties in question have been accepted in accordance with paragraph 1  on the date.  4. Varieties officially accepted in accordance with paragraphs 2 and 3 shall be entered in the Common Catalogue of Varieties of Vegetable Species referred to in Article 17 of Directive 70/458/EEC. Articles 16 (2) and (3), 17, 18 and 19 shall apply  mutatis mutandis.  The publication in question shall designate the varieties accepted pursuant to paragraph 3 with a specific reference.  Article 10  1. While growing and during lifting or removal from the parent material, vegetable propagating and planting material shall be kept in separate lots.  2. If vegetable propagating and planting material of different origins is put together or mixed during packaging, storage, transport or at delivery, the supplier shall keep records including the following data: composition of the lot and origin of the  individual components.  3. Member States shall ensure compliance with the requirements of paragraphs 1 and 2 by carrying out official inspections.  Article 11  1. Without prejudice to Article 10 (2), vegetable propagating and planting material shall be marketed only in sufficiently homogeneous lots and if they are recognized as complying with this Directive and are accompanied by a document made out by the  supplier in accordance with the conditions laid down in the schedule established pursuant to Article 4. If an official statement appears on this document, it shall be clearly separated from all other contents of the document.  Requirements on vegetable propagating and planting material for labelling and/or sealing and packaging shall be set out in the schedule referred to in Article 4.  2. In the case of supply by the retailer of vegetable propagating and planting material to a non-professional final consumer, requirements on labelling may be confined to appropriate product information.  Article 12  Member States may exempt:  - from the application of Article 11, small producers all of whose production and sales of vegetable propagating and planting material is intended for final use by persons on the local market who are not professionally involved in plant production  ('local circulation').  - from the controls and offical inspection provided for in Article 18, the local circulation of vegetable propagating and planting materials produced by such exempt persons.  In accordance with the procedure laid down in Article 21, implementing measures relating to other requirements concerning the exemptions referred to in the first and second indents above, in particular as regards the concepts of 'small producers' and  'local market', and to the relevant procedures, shall be adopted.  Article 13  In the event of temporary difficulties in the supply of vegetable propagating and planting material satisfying the requirements of this Directive, measures may be adopted, in accordance with the procedure laid down in Article 21, concerning the  marketing of vegetable propagating and planting material meeting less stringent requirements, without prejudice to the plant-health rules laid down in Directive 77/93/EEC.  Article 14  1. The marketing of vegetable propagating and planting material which complies with the requirements and conditions of this Directive shall be subject to no restrictions as regards supplier, plant health, growing medium and inspection arrangements other  than those laid down in this Directive.  2. The marketing of vegetable propagating and planting material whose variety is entered in the Common Catalogue of Varieties of Vegetable Species shall not be subject to any restriction as regards variety other than those laid down or referred to in  this Directive.  Article 15  As regards the products referred to in Annex II, Member States shall refrain from imposing more stringent conditions or marketing restrictions other than the conditions laid down in the schedules referred to in Article 4 or, failing that, those existing  on the date of adoption of this Directive.  Article 16  1. In accordance with the procedure laid down in Article 21, it shall be decided whether vegetable propagating and planting material produced in a third country and affording the same guarantees as regards obligations on the supplier, identity,  characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing, is equivalent in all these respects to vegetable propagating and planting material produced in the Community and complying with the requirements and  conditions of this Directive.  2. Pending the decision referred to in paragraph 1, Member States may, until 1 January 1993, and without prejudice to the provisions of Directive 77/93/EEC, apply to the import of vegetable propagating and planting material from third countries  conditions at least equivalent to those laid down temporarily or permanently in the schedules referred to in Article 4. Where no such conditions are laid down in the said schedules, the import conditions must be at least equivalent to those applicable  to production in the Member State concerned.  In accordance with the procedure laid down in Article 21, the date referred to in the first subparagraph may, for the various third countries, be deferred pending the decision referred to in paragraph 1.  Vegetable propagating and planting material imported by a Member State in accordance with a decision taken by that Member State pursuant to the first subparagraph shall be subject to no marketing restrictions in the other Member States as regards the  matters referred to in paragraph 1.  Article 17  Member States shall ensure that official inspection by sampling checks on propagating and planting material is carried out during production and marketing, with the aim of verifying compliance with the requirements and conditions of this Directive.  Article 18  Detailed implementing procedures for the controls provided for in Article 5 and for the official inspection provided for in Articles 10 and 17, including sampling methods, shall be adopted, as necessary, in accordance with the procedure provided for in  Article 21.  Article 19  1. If, during the supervision and monitoring provided for in Article 6 (4), the official inspection provided for in Article 17, or the trials provided for in Article 20, it is found that vegetable propagating and planting material does not meet the  requirements of this Directive, the responsible official body of the Member State shall take appropriate action to ensure that it does comply with the provisions of this Directive or, if that is not possible, to ban the marketing of that vegetable  propagating and planting material in the Community.  2. If it is found that vegetable propagating and planting material marketed by a particular supplier does not comply with the requirements and conditions of this Directive, the Member State concerned shall ensure that appropriate measures are taken  against that supplier. If the supplier is forbidden to market vegetable propagating and planting material, the Member State shall notify the Commission and the competent national authorities in the Member States.  3. Any measures taken under paragraph 2 shall be withdrawn as soon as it has been established with adequate certainty that the vegetable propagating and planting material intended for marketing by the supplier will, in future, comply with the  requirements and conditions of this Directive.  Article 20  1. Trials, or, where appropriate, tests shall be carried out in the Member States on samples to check that vegetable propagating and planting material complies with the requirements and conditions of this Directive, including those relating to plant  health. The Commission may organize inspections of the trials by representatives of the Member States and of the Commission.  2. It may be decided in accordance with the procedure laid down in Article 21 that it is necessary to carry out Community trials for the same purpose as mentioned in paragraph 1. The Commission may organize inspections of Community trials by  representatives of the Member States and of the Commission.  3. The trials or tests referred to in paragraphs 1 and 2 shall be used to harmonize technical methods of examination of vegetable propagating and planting material. Progress reports shall be made on the trials or tests and sent in confidence to the  Member States and to the Commission.  4. The Commission shall ensure that, in appropriate cases, arrangements for coordinating, carrying out and inspecting the trials referred to in paragraphs 1 and 2, and assessing their results, are made within the Commitee set up by Article 21. When  plant-health problems occur, the Commission shall notify the Standing Committee on Plant Health. If necessary, specific arrangements shall be adopted. Vegetable propagating and planting material produced in third countries shall be included in the  trials.  Article 21  1. The Commission shall be assisted by a committee, referred to as the 'Standing Committee on Agricultural, Horticultural and Forestry Seeds and Plants', 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. The Commission shall adopt measures which shall apply immediately.  However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it had decided for a  period of not more than one month from the date of such communication.  The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.  Article 22  1. The Commission shall be assisted by the Standing Committee on Seeds and Propagating Materials for Agriculture, Horticulture and Forestry, 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. The Commission shall adopt measures envisaged in accordance with the opinion of the committee.  If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, 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 of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.  Article 23  Amendments to the schedules referred to in Article 4 and to the conditions and detailed rules adopted for the implementation of this Directive shall be adopted in accordance with the procedure laid down in Article 21.  Article 24  1. Member States shall ensure that vegetable propagating and planting material produced in their territory and intended for marketing complies with the requirements of this Directive.  2. If it is found, during an official inspection, that vegetable propagating and planting material cannot, by reason of non-compliance with a condition relating to plant health, be marketed, the Member State concerned shall take appropriate official  measures to eliminate any consequent plant-health risk.  Article 25  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 December 1992. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or 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.  2. As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each of the genera or species referred to in Annex II shall be fixed in accordance with the procedure laid down in Article 21, when the schedule referred to  Article 4 is drawn up.  Article 26  This Directive is addressed to the Member States.  Done at Luxembourg, 28 April 1992.  For the Council The President Arlindo MARQUES CUNHA (1) OJ No C 46, 27. 2. 1990, p. 4; and OJ No C 296, 15. 11. 1991, p. 10.(2) OJ No C 240, 16. 9. 1991, p. 193.(3) OJ No C 182, 23. 7. 1990, p. 19.(4) OJ No L 225, 12. 10. 1970, p. 7; Directive as last amended by Directive 90/654/EEC (OJ No L  353, 17. 12. 1990, p. 48).(5) OJ No L 26, 31. 1. 1977, p. 20; Directive as last amended by Commission Directive 92/10/EEC (OJ No L 70, 17. 3. 1992, p. 27).   ANNEX I  Conditions to be laid down in accordance with Article 4  Point A Conditions with which planting material must comply.  Point B Schedules for genera and species not listed in Directive 70/458/EEC containing conditions with which propagating material must comply.   ANNEX II     List of the genera and species referred to in article 1 (2)    - Allium ascalonicum shallots - Allium cepa L. onion - Allium fistulosum L. chives - Allium porrum L. leek - Allium sativum garlic - Anthriscus cerefolium (L.) Hoffm. chervil - Apium graveolens L. celery - Asparagus officinalis L. asparagus - Beta vulgaris L. var. vulgaris mangold - Beta vulgaris L. var. conditiva Alef. red beet - Brassica oleracea L. convar. acephala (DC) Alef. var. sabellica L. curly kale - Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis L. cauliflower - Brassica oleracea L. convar. botrytis (L.) Alef. var. cymosa Duch. broccoli - Brassica oleracea L. convar. var. gammifera DC Brussels sprouts - Brassica oleracea L. convar. capitata (L.) Alef. var. sabauda L. Savoy cabbage - Brassica oleracea L. convar. capitata (L.) Alef. var. alba DC cabbage - Brassica oleracea L. convar. capitata (L.) Alef. var. rubra DC red cabbage - Brassica oleracea L. convar. acephala (DC) Alef. var. gongylodes kohlrabi - Brassica pekinensis L. Chinese cabbage - Brassica rapa L. var. rapa turnip - Capsicum annuum L. pepper - Chicorium endivia L. endive - Chicorium intybus L. (partim) Witloof chicory - Citrullus lanatus (Thunb.) Matsum. et Nakai watermelon - Cucumis melo L. melon - Cucumis sativus L. gherkin - Cucurbita maxima Duchesne gourd - Cucurbita pepo L. courgette - Cynara cardunculus cardoon - Cynara scolymus artichoke - Daucus carota L. carrot - Foeniculum vulgare P. Mill. fennel - Lactuca sativa L. lettuce - Lycopersicon lycopersicum (L.) Karsten ex Farw. tomato - Petroselinum crispum (Mill.) Nyman ex A. W. Hill parsley - Phaseolus coccineus L. runner bean - Phaseolus vulgaris L. French bean - Pisum sativum L. (partim) peas excepting fodder peas - Raphanus sativus L. radishes - Rheum rhubarb - Scorzonera hispanica L. scorzonera - Solanum melongena L. eggplant - Spinacia oleracea L. spinach - Valerianelle locusta (L.) Laterr. corn salad - Vicia faba L. (partim) broad bean