Avis juridique important

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32003L0105

Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances

Official Journal L 345 , 31/12/2003 P. 0097 - 0105

Directive 2003/105/EC of the European Parliament and of the Councilof 16 December 2003amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substancesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty in the light of the joint text approved by the Conciliation Committee on 22 October 2003(3),Whereas:(1) Directive 96/82/EC(4) aims at the prevention of major accidents which involve dangerous substances and the limitation of their consequences for man and the environment, with a view to ensuring high levels of protection throughout the Community in a consistent and effective manner.(2) In the light of recent industrial accidents and studies on carcinogens and substances dangerous for the environment carried out by the Commission at the Council's request, the scope of Directive 96/82/EC should be extended.(3) The cyanide spill that polluted the Danube following the accident at Baia Mare in Romania in January 2000 has demonstrated that certain storage and processing activities in mining, especially tailings disposal facilities, including tailing ponds or dams, have potential to produce very serious consequences. The Commission communications on the safe operation of mining activities and on the sixth environment action programme of the European Community have therefore highlighted the need for an extension of the scope of Directive 96/82/EC. In its resolution of 5 July 2001(5) on the Commission Communication on the safe operation of mining activities, the European Parliament also welcomed the extension of the scope of that Directive to cover risks arising from storage and processing activities in mining.(4) The proposal for a directive on the management of waste from the extractive industries may be a relevant framework for measures relating to those waste management facilities which present an accident risk but which are not covered by the present Directive.(5) The "fireworks accident" at Enschede in the Netherlands in May 2000 has demonstrated the major accident potential arising from storage and manufacture of pyrotechnic and explosive substances. The definition of such substances in Directive 96/82/EC should therefore be clarified and simplified.(6) The explosion at a fertiliser plant in Toulouse in September 2001 has raised awareness of the accident potential arising from the storage of ammonium nitrate and ammonium nitrate-based fertilisers, in particular of material rejected during the manufacturing process or returned to the manufacturer (off-specs). The existing categories of ammonium nitrate and ammonium nitrate-based fertilisers in Directive 96/82/EC should therefore be reviewed with a view to include "off-specs" material.(7) Directive 96/82/EC should not be applied to sites of end-users where ammonium nitrate and ammonium nitrate-based fertilisers, which on delivery conformed to the specification in that Directive but subsequently have become degraded or contaminated, are temporarily present prior to removal for reprocessing or destruction.(8) Studies carried out by the Commission in close cooperation with the Member States support extending the list of carcinogens with appropriate qualifying quantities and significantly lowering the qualifying quantities assigned to substances dangerous for the environment in Directive 96/82/EC.(9) For establishments which subsequently fall within the scope of Directive 96/82/EC, it has been shown necessary to introduce minimum periods for notifications and the establishment of major accident prevention policies, safety reports and emergency plans.(10) The experience and knowledge of relevant staff in the establishment can greatly assist in the drawing up of emergency plans, and all staff in an establishment and persons likely to be affected should be appropriately informed on safety measures and actions.(11) The adoption of Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions(6) highlights the need to facilitate reinforced cooperation in civil protection assistance interventions.(12) It is useful, in order to facilitate land-use planning, to draw up guidelines defining a database to be used for assessing the compatibility between the establishments covered by Directive 96/82/EC and the areas described in Article 12(1) of that Directive.(13) There should be an obligation on Member States to supply the Commission with minimum information concerning the establishments covered by Directive 96/82/EC.(14) It is appropriate at the same time to clarify certain passages in Directive 96/82/EC.(15) The measures provided for in this Directive have been the subject of a public consultation process involving interested parties.(16) Directive 96/82/EC should therefore be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 96/82/EC is hereby amended as follows:1. Article 4 is amended as follows:(a) Points (e) and (f) are replaced by the following:"(e) the exploitation (exploration, extraction and processing) of minerals in mines, quarries, or by means of boreholes, with the exception of chemical and thermal processing operations and storage related to those operations which involve dangerous substances, as defined in Annex I;(f) the offshore exploration and exploitation of minerals, including hydrocarbons;"(b) The following point shall be added:"(g) waste land-fill sites, with the exception of operational tailings disposal facilities, including tailing ponds or dams, containing dangerous substances as defined in Annex I, in particular when used in connection with the chemical and thermal processing of minerals."2. Article 6 is amended as follows:(a) The following indent is added in paragraph 1:"- for establishments which subsequently fall within the scope of this Directive, within three months after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1)."(b) The following indent is inserted after the first indent of Article 6(4):"- modification of an establishment or an installation which could have significant repercussions on major accident hazards, or".3. The following paragraph is inserted in Article 7:"1a. For establishments which subsequently fall within the scope of this Directive, the document referred to in paragraph 1 shall be drawn up without delay, but at all events within three months after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1)."4. Article 8(2)(b) is replaced by the following:"(b) provision is made for cooperation in informing the public and in supplying information to the authority responsible for the preparation of external emergency plans."5. Article 9 is amended as follows:(a) The first subparagraph of paragraph 2 is replaced by the following:"2. The safety report shall contain at least the data and information listed in Annex II. It shall name the relevant organisations involved in the drawing up of the report. It shall also contain an updated inventory of the dangerous substances present in the establishment."(b) The following indent is inserted between the third and fourth indents of paragraph 3:"- for establishments which subsequently fall within the scope of this Directive, without delay, but at all events within one year after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1)."(c) In paragraph 4, the reference to "the second, third, and fourth indents" becomes "the second, third, fourth and fifth indents" respectively.(d) The following point is added to Article 9(6):"(d) The Commission is invited to review by 31 December 2006 in close cooperation with the Member States, the existing 'Guidance on the Preparation of a Safety Report'."6. Article 11 is amended as follows:(a) The following indent is added to points (a) and (b) of paragraph 1:"- for establishments which subsequently fall within the scope of this Directive, without delay, but at all events within one year after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1)."(b) Paragraph 3 is replaced by the following:"3. Without prejudice to the obligations of the competent authorities, Member States shall ensure that the internal emergency plans provided for in this Directive are drawn up in consultation with the personnel working inside the establishment, including long-term relevant subcontracted personnel, and that the public is consulted on external emergency plans when they are established or updated."(c) The following paragraph is inserted:"4a. With regard to external emergency plans, Member States should take into account the need to facilitate enhanced cooperation in civil protection assistance in major emergencies."7. Article 12 is amended as follows:(a) The second subparagraph of paragraph 1 is replaced by the following:"Member States shall ensure that their land-use and/or other relevant policies and the procedures for implementing those policies take account of the need, in the long term, to maintain appropriate distances between establishments covered by this Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest and, in the case of existing establishments, of the need for additional technical measures in accordance with Article 5 so as not to increase the risks to people."(b) The following paragraph is inserted:"1a. The Commission is invited by 31 December 2006, in close cooperation with the Member States, to draw up guidelines defining a technical database including risk data and risk scenarios, to be used for assessing the compatibility between the establishments covered by this Directive and the areas described in paragraph 1. The definition of this database shall as far as possible take account of the evaluations made by the competent authorities, the information obtained from operators and all other relevant information such as the socioeconomic benefits of development and the mitigating effects of emergency plans."8. Article 13 is amended as follows:(a) The first subparagraph of paragraph 1 is replaced by the following:"1. Member States shall ensure that information on safety measures and on the requisite behaviour in the event of an accident is supplied regularly and in the most appropriate form, without their having to request it, to all persons and all establishments serving the public (such as schools and hospitals) liable to be affected by a major accident originating in an establishment covered by Article 9."(b) Paragraph 6 is replaced by the following:"6. In the case of establishments subject to the provisions of Article 9, Member States shall ensure that the inventory of dangerous substances provided for in Article 9(2) is made available to the public subject to the provisions of paragraph 4 of this Article and Article 20."9. The following paragraph is inserted in Article 19:"1a. For establishments covered by this Directive, Member States shall supply the Commission with at least the following information:(a) the name or trade name of the operator and the full address of the establishment concerned; and(b) the activity or activities of the establishment.The Commission shall set up and keep up to date a database containing the information supplied by the Member States. Access to the database shall be reserved to persons authorised by the Commission or the competent authorities of the Member States."10. Annex I is amended as set out in the Annex.11. In Annex II, point IV part B is replaced by the following:"B. Assessment of the extent and severity of the consequences of identified major accidents including maps, images or, as appropriate, equivalent descriptions, showing areas which are liable to be affected by such accidents arising from the establishment, subject to the provisions of Articles 13(4) and 20."12. In Annex III, point (c) is amended as follows:(a) point (i) is replaced by the following:"(i) organisation and personnel - the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation. The identification of training needs of such personnel and the provision of the training so identified. The involvement of employees and of subcontracted personnel working in the establishment."(b) point (v) is replaced by the following:"(v) Planning for emergencies - adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis, to prepare, test and review emergency plans to respond to such emergencies and to provide specific training for the staff concerned. Such training shall be given to all personnel working in the establishment, including relevant subcontracted personnel."Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2005. 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 a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.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 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 16 December 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentG. Alemanno(1) OJ C 75 E, 26.3.2002, p. 357 and OJ C 20 E, 28.1.2003, p. 255.(2) OJ C 149, 21.6.2002, p. 13.(3) Opinion of the European Parliament of 3 July 2002 (OJ C 271 E, 12.11.2003, p. 315), Council common position of 20 February 2003 (OJ C 102 E, 29.4.2003, p. 1) and position of the European Parliament of 19 June 2003 (not yet published in the Official Journal). Legislative resolution of the European Parliament of 19 November 2003 (not yet published in the Official Journal) and decision of the Council of 1 December 2003.(4) OJ L 10, 14.1.1997, p. 13.(5) OJ C 65 E, 14.3.2002, p. 382.(6) OJ L 297, 15.11.2001, p. 7.ANNEXAnnex I to Directive 96/82/EC is hereby amended as follows:1. The following points are added to the introduction:"6. For the purposes of this Directive, a gas is any substance that has an absolute vapour pressure equal to or greater than 101,3 kPa at a temperature of 20 ° C.7. For the purposes of this Directive, a liquid is any substance that is not defined as a gas and that is not in the solid state at a temperature of 20 ° C and at a standard pressure of 101,3 kPa."2. In the table in Part 1:(a) the entries relating to "Ammonium nitrate" are replaced by the following:">TABLE>"(b) the following entries are inserted after the entries relating to "Ammonium nitrate":">TABLE>"(c) the entry relating to "The following CARCINOGENS" is replaced by the following:">TABLE>"(d) the entry relating to "Automotive petrol and other petroleum spirits" is replaced by the following:">TABLE>"(e) (i) Notes 1 and 2 are replaced by the following:">TABLE>1. Ammonium nitrate (5000/10000): fertilisers capable of self-sustaining decompositionThis applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers containing ammonium nitrate with phosphate and/or potash) in which the nitrogen content as a result of ammonium nitrate is- between 15,75 % (1) and 24,5 % (2) by weight, and either with not more than 0,4 % total combustible/organic materials or which fulfil the requirements of Annex II of Directive 80/876/EEC,- 15,75 % (3) by weight or less and unrestricted combustible materials,and which are capable of self-sustaining decomposition according to the UN Trough Test (see United Nations Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria, Part III, subsection 38.2).2. Ammonium nitrate (1250/5000): fertiliser gradeThis applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based compound/composite fertilisers in which the nitrogen content as a result of ammonium nitrate is- more than 24,5 % by weight, except for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 %,- more than 15,75 % by weight for mixtures of ammonium nitrate and ammonium sulphate,- more than 28 % (4) by weight for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 %,and which fulfil the requirements of Annex II of Directive 80/876/EEC.3. Ammonium nitrate (350/2500): technical gradeThis applies to:- ammonium nitrate and preparations of ammonium nitrate in which the nitrogen content as a result of the ammonium nitrate is- between 24,5 % and 28 % by weight, and which contain not more than 0,4 % combustible substances,- more than 28 % by weight, and which contain not more than 0,2 % combustible substances,- aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80 % by weight.4. Ammonium nitrate (10/50): 'off-specs' material and fertilisers not fulfilling the detonation testThis applies to:- material rejected during the manufacturing process and to ammonium nitrate and preparations of ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound/composite fertilisers referred to in notes 2 and 3, that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use, because they no longer comply with the specifications of Notes 2 and 3;- fertilisers referred to in note 1, first indent, and Note 2 which do not fulfil the requirements of Annex II of Directive 80/876/EEC.5. Potassium nitrate (5000/10000): composite potassium-nitrate based fertilisers composed of potassium nitrate in prilled/granular form.6. Potassium nitrate (1250/5000): composite potassium-nitrate based fertilisers composed of potassium nitrate in crystalline form."(ii) the note relating to polychlorodibenzofurans and polychlorodibenzodioxins becomes note 7.(iii) the following footnotes appear below the table entitled "International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)":"(1) 15,75 % nitrogen content by weight as a result of ammonium nitrate corresponds to 45 % ammonium nitrate.(2) 24,5 % nitrogen content by weight as a result of ammonium nitrate corresponds to 70 % ammonium nitrate.(3) 15,75 % nitrogen content by weight as a result of ammonium nitrate corresponds to 45 % ammonium nitrate.(4) 28 % nitrogen content by weight as a result of ammonium nitrate corresponds to 80 % ammonium nitrate."3. In Part 2:(a) entries 4 and 5 are replaced by the following:">TABLE>"(b) entry 9 is replaced by the following:">TABLE>"(c) In the notes:(i) Note 1 is replaced by the following:">TABLE>1. Substances and preparations are classified according to the following Directives and their current adaptation to technical progress:Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(1),Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (2).In the case of substances and preparations which are not classified as dangerous according to either of the above directives, for example waste, but which nevertheless are present, or are likely to be present, in an establishment and which possess or are likely to possess, under the conditions found at the establishment, equivalent properties in terms of major-accident potential, the procedures for provisional classification shall be followed in accordance with the relevant article of the appropriate Directive.In the case of substances and preparations with properties giving rise to more than one classification, for the purposes of this Directive the lowest qualifying quantities shall apply. However, for the application of the rule in Note 4, the qualifying quantity used shall always be the one corresponding to the classification concerned.For the purposes of this Directive, the Commission shall establish and keep up to date a list of substances which have been classified into the above categories by a harmonised Decision in accordance with Directive 67/548/EEC."(ii) Note 2 is replaced by the following:">TABLE>2. An 'explosive' means:- a substance or preparation which creates the risk of an explosion by shock, friction, fire or other sources of ignition (risk phrase R2),- a substance or preparation which creates extreme risks of explosion by shock, friction, fire or other sources of ignition (risk phrase R3), or- a substance, preparation or article covered by Class 1 of the European Agreement concerning the International Carriage of Dangerous Goods by Road (UN/ADR), concluded on 30 September 1957, as amended, as transposed by 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 (3).Included in this definition are pyrotechnics, which for the purposes of this Directive are defined as substances (or mixtures of substances) designated to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions. Where a substance or preparation is classified by both UN/ADR and risk phase R2 or R3, the UN/ADR classification shall take precedence over assignment of risk phrases.Substances and articles of Class 1 are classified in any of the divisions 1.1 to 1.6 in accordance with the UN/ADR classification scheme. The divisions concerned are:Division 1.1: 'Substances and articles which have a mass explosion hazard (a mass explosion is an explosion which affects almost the entire load virtually instantaneously).'Division 1.2: 'Substances and articles which have a projection hazard but not a mass explosion hazard.'Division 1.3: 'Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard:(a) combustion of which gives rise to considerable radiant heat; or(b) which burn one after another, producing minor blast or projection effects or both.'Division 1.4: 'Substances and articles which present only a slight risk in the event of ignition or initiation during carriage. The effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire shall not cause virtually instantaneous explosion of virtually the entire contents of the package.'Division 1.5: 'Very insensitive substances having a mass explosion hazard which are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of carriage. As a minimum requirement they shall not explode in the external fire test.'Division 1.6: 'Extremely insensitive articles which do not have a mass explosion hazard. The articles contain only extremely insensitive detonating substances and demonstrate a negligible probability of accidental initiation or propagation. The risk is limited to the explosion of a single article.'Included in this definition are also explosive or pyrotechnic substances or preparations contained in articles. In the case of articles containing explosive or pyrotechnic substances or preparations, if the quantity of the substance or preparation contained is known, that quantity shall be considered for the purposes of this Directive. If the quantity is not known, then, for the purposes of this Directive, the whole article shall be treated as explosive."(iii) in note 3(b)(1), the second indent shall be replaced by the following:"- substances and preparations which have a flash point lower than 55 ° C and which remain liquid under pressure, where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards;"(iv) note 3(c)(2) is replaced by the following:"2. gases which are flammable in contact with air at ambient temperature and pressure (risk phrase R12, second indent), which are in a gaseous or supercritical state, and"(v) note 3(c)3 is replaced by the following:"3. flammable and highly flammable liquid substances and preparations maintained at a temperature above their boiling point."(vi) note 4 is replaced by the following:"4. In the case of an establishment where no individual substance or preparation is present in a quantity above or equal to the relevant qualifying quantities, the following rule shall be applied to determine whether the establishment is covered by the relevant requirements of this Directive.This Directive shall apply if the sumq1/QU1 + q2/QU2 + q3/QU3 + q4/QU4 + q5/QU5 +... is greater than or equal to 1,where qx = the quantity of dangerous substance x (or category of dangerous substances) falling within Parts 1 or 2 of this Annex,and QUX = the relevant qualifying quantity for substance or category x from column 3 of Parts 1 or 2.This Directive shall apply, with the exception of Articles 9, 11 and 13, if the sumq1/QL1 + q2/QL2 + q3/QL3 + q4/QL4 + q5/QL5 +... is greater than or equal to 1,where qx = the quantity of dangerous substance x (or category of dangerous substances) falling within Parts 1 or 2 of this Annex,and QLX = the relevant qualifying quantity for substance or category x from column 2 of Parts 1 or 2.This rule shall be used to assess the overall hazards associated with toxicity, flammability, and eco-toxicity. It must therefore be applied three times:(a) for the addition of substances and preparations named in Part 1 and classified as toxic or very toxic, together with substances and preparations falling into categories 1 or 2;(b) for the addition of substances and preparations named in Part 1 and classified as oxidising, explosive, flammable, highly flammable, or extremely flammable, together with substances and preparations falling into categories 3, 4, 5, 6, 7a, 7b or 8;(c) for the addition of substances and preparations named in Part 1 and classified as dangerous for the environment (R50 (including R50/53) or R51/53), together with substances and preparations falling into categories 9(i) or 9(ii);The relevant provisions of this Directive apply if any of the sums obtained by (a), (b) or (c) is greater than or equal to 1."(vii) the following footnotes appear at the end of the notes:"(1) OJ 196, 16.8.1967, p. l. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).(2) OJ L 200, 30.7.1999, p. 1. Directive as amended by Commission Directive 2001/60/EC (OJ L 226, 22.8.2001, p. 5).(3) 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)."


Avis juridique important

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31977L0436

Council Directive 77/436/EEC of 27 June 1977 on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts

Official Journal L 172 , 12/07/1977 P. 0020 - 0024 Finnish special edition: Chapter 13 Volume 7 P. 0046  Greek special edition: Chapter 03 Volume 18 P. 0195  Swedish special edition: Chapter 13 Volume 7 P. 0046  Spanish special edition: Chapter 13 Volume 7 P. 0058  Portuguese special edition Chapter 13 Volume 7 P. 0058

COUNCIL DIRECTIVE  of 27 June 1977  on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts  (77/436/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the provisions laid down by law, regulation or administrative action in force in certain Member States define coffee extracts and chicory extracts, determine the substances which may be added during the manufacture thereof and lay down specific rules with regard to their labelling;  Whereas the differences existing between these measures constitute a barrier to freedom of movement of coffee extracts and chicory extracts, thus obliging the undertakings engaged in the manufacture thereof in the Community to differentiate their products according to the Member State for which such products are destined ; whereas they have, thereby, a direct bearing on the establishment and functioning of the common market;  Whereas for these reasons and in order to protect and inform consumers it is necessary to determine at Community level the rules which must be observed with regard to the composition of these products, the substances which may be used in the manufacture thereof, the packaging materials and the labelling thereof and to lay down the conditions on which specific designations may be used for certain of these products;  Whereas, however, it is not possible in this Directive to harmonize all those provisions applying to foodstuffs which may impede trade in coffee extracts and chicory extracts, although any obstacles that remain as a result are bound to decrease as national provisions relating to foodstuffs are increasingly harmonized;  Whereas the determination of the procedures relating to the taking of samples and to the methods of analysis necessary for checking the composition and manufacturing characteristics of these products is an implementing measure of a technical nature and the adoption thereof should be assigned to the Commission with the aim of simplifying and accelerating the procedure;  Whereas in all cases in which the Council confers on the Commission the power to enforce the rules drawn up in the field of foodstuffs, it is necessary to provide for a procedure for setting up close cooperation between the Member States and the Commission within the Standing Committee on Foodstuffs established by Decision 69/414/EEC (3),  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive concerns the coffee extracts and chicory extracts referred to in the Annex.  2. For the purposes of this Directive:    (a) coffee extracts are the products in any concentration obtained by extraction from roasted coffee using only water as the medium of extraction and excluding any process of hydrolysis involving the addition of an acid or a base and,      (i) containing the soluble and aromatic constituents of coffee,           (ii) which may contain insoluble oils derived from coffee, traces of other insoluble substances derived from coffee and insoluble substances not derived from coffee or from the water used for extraction;                  (b) chicory extracts are the products in any concentration obtained by extraction from roasted chicory using only water as the medium of extraction and excluding any process of hydrolysis involving the addition of an acid or a base.  For the purposes of this Directive chicory is the product in granular or powder form obtained from roots of Chicorium Intybus L., not used for the production of witloof chicory, suitably cleaned,  (1)OJ No C 83, 11.10.1973, p. 19. (2)OJ No C 37, 1.4.1974, p. 1. (3)OJ No L 291, 19.11.1969, p. 9.   dried and roasted whether or not containing small quantities of added nutrient oils or fats and/or sugars and/or molasses ; they may contain traces of insoluble substances not derived from chicory.              Article 2 1. Member States shall take all measures necessary to ensure that the products listed in the Annex may be offered for sale only if they comply with the definitions and rules laid down in this Directive and its Annex.  2. Blends of coffee extracts and chicory extracts and extracts of blends of roasted coffee and roasted chicory may be offered for sale only if:    - these products comply mutatis mutandis with the definitions laid down in the Annex, and       - should they be in solid or paste form, they comply with Article 4.          Article 3 1. Only raw materials which are sound, genuine and of merchantable quality may be used in the manufacture of the products referred to in the Annex.  2. Acting on a proposal from the Commission, the Council shall:    - determine the list of and criteria of purity for solvents which may be used for the decaffeination of the products referred to in paragraph 1 of the Annex, as well as the maximum levels for residues from the said solvents,       - fix the maximum level for insoluble substances for the products referred to in paragraph 1 of the Annex.         3. Member States may authorize within their territory the use of anti-caking agents:    - for the products referred to in paragraph 1 (a) of the Annex when they are used in vending machines and specifically labelled as such,       - for the products referred to in paragraph 2 (a) of the Annex.          Article 4 1. Products in solid or in paste form referred to in the Annex, when put up in individual packages of a nominal weight of more than 25 g but not exceeding 10 kg, shall be offered for retail sale in packages of the following nominal weights only : 50 g, 100 g, 200 g, 250 g, 500 g, 750 g, 1 kg, 1 75 kg, 2 kg, 2 75 kg, 3 kg and multiples of a kilogram.  2. Member States may, however, in their own territory:    - prohibit individual packages of a nominal weight of 250 g, provided that they permit those of a nominal weight of 300 g,       - permit individual packages of a nominal weight of 150 g for a transitional period of four years from the notification of this Directive.          Article 5 The descriptions set out in the Annex shall apply only to the products referred to therein and must be used in trade to describe those products.   Article 6 1. The only information which is compulsory on the packages, containers or labels of the products referred to in the Annex, and which must be conspicuous, clearly legible and indelible, shall be the following:    (a) the description applied exclusively to them in accordance with Article 5;       (b) the term "decaffeinated" for coffee extracts, provided that the anhydrous caffeine content of the extract in question does not exceed 0 73 % by weight of its coffee-based dry matter content;       (c) without prejudice to Community provisions on the labelling of foodstuffs, for the products referred to in the Annex, paragraph 1 (c) and paragraph 2 (c), the terms "roasted with sugars" or "preserved with sugars", if need be and as appropriate, on the understanding that, if a single type of sugars is used, it is referred to by name;       (d)      - for products in solid or paste form, the nominal weight expressed in kilograms or grams, save where the products referred to in paragraph 1 (a) and (b) of the Annex, weigh less than 5 g and those referred to in paragraph 2 (a) and (b) of the Annex, weigh less than 8 g,           - for liquid products, the nominal volume expressed in litres, centilitres or millilitres,           - in the case of products put up in packages consisting of two or more individual packages each containing the same nominal quantity of the same product, the nominal quantity contained in each individual package and the total number of such packages. These indications shall not, however, be compulsory where the total number of individual packages can be clearly seen and easily counted from the outside and where at least one indication of the nominal quantity contained in each individual package can be clearly seen from the outside,            - in the case of products put up in packages consisting of two or more individual packages which are not regarded as units of sale, the total nominal quantity and the total number of individual packages;                 (e) the name or trade name and the address or registered office of the manufacturer or packer, or of a vendor established in the Community.         2. Pending entry into force of the Community provisions for the measurement and indication of the nominal weight or the nominal volume, the relevant national provisions shall apply.  Until the expiry of the transitional period during which the use of the imperial units of measurement listed in Chapter D of the Annex to Directive 71/354/EEC (1), as last amended by Directive 76/770/EEC (2), is authorized in the Community, the indication of the nominal weight or nominal volume of the contents expressed in units of measurement of the international system shall, if Ireland or the United Kingdom so desire for products marketed in their national territories, be accompanied by an indication of the nominal weight or nominal volume of the contents expressed in the equivalent imperial units of measurement calculated on the basis of the following conversion table:  1 g = 0 70353 ounce (avoirdupois),  1 ml = 0 70352 fluid ounce,  1 kg = 2 7205 pounds,  1 1 = 1 7760 pints or 0 7220 gallon.  3. By way of derogation from paragraph 1, the Member States may:    (a) permit use of the term "concentrated" only in the description of the products referred to in paragraph 1 (c) of the Annex which meet the following additional requirements : the coffee-based dry matter content is more than 25 % but not more than 55 % by weight and, in relation to the finished product, the coffee-based dry matter content multiplied by the quantity of raw coffee used to obtain 0 7960 kg of coffee-based dry matter is not less than 1;       (b) require, for the products referred to in paragraph 1 (b) and (c) of the Annex, an indication of:      - either the minimum coffee-based dry matter content expressed as a percentage of the finished product,           - or the weight of raw coffee used to obtain 1 kg of the finished product in paste form or 1 l of the finished product in liquid form;                  (c) require that, in the case of the particulars provided for under paragraph 1 (c), the word "sugars" be replaced by a list of the names of the various types of sugars used;       (d) retain national provisions which require the indication of:      - the list of ingredients,           - the manufacturing or packaging establishment, as regards national production,           - the country of origin, although this information need not be required for products manufactured within the Community.                    4. Without prejudice to Directive 76/211/EEC (3), if the products referred to in the Annex are packed in containers the contents of which weigh 5 kg or more and are not offered for retail sale, the particulars referred to in paragraph 1 (c) and (d) need appear only on the accompanying documents.  5. Without prejudice to Directive 76/211/EEC Member States shall refrain from laying down rules other than those in paragraph 1 regarding the way in which the information referred to in that paragraph is to be given.  However, Member States may forbid trade in their territory in the products listed in the Annex if the particulars provided for in paragraph 1 (a), (b) and (c) are not shown in the national or official language or languages on the container or label or, in the case referred to in paragraph 4, on the accompanying documents.   Article 7 1. Member States shall adopt all the Measures necessary to ensure that trade in the products defined in Article 1 which comply with the definitions and rules laid down by this Directive, cannot be impeded by the application of non-harmonized national provisions governing the composition, manufacturing specifications, packaging or labelling of these products in particular, or of foodstuffs in general.  2. Paragraph 1 shall not apply to non-harmonized provisions justified on grounds of:    - protection of public health,       - repression of frauds, unless such provisions are liable to impede the application of the definitions and rules laid down by this Directive,       - protection of industrial and commercial property, indications of source, applications of origin and the repression of unfair competition.  (1)OJ No L 243, 29.10.1971, p. 29. (2)OJ No L 262, 27.9.1976, p. 204. (3)OJ No L 46, 21.2.1976, p. 1.           Article 8 The sampling procedures and methods of analysis necessary to verify the composition and manufacturing specifications of products falling within the scope of this Directive shall be determined in accordance with the procedure laid down in Article 9.   Article 9 1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Standing Committee on Foodstuffs set up by Decision 69/414/EEC, hereinafter called "the Committee", by its Chairman, either on his own initiative or at the request of a representative of a Member State.  2. The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall give its opinion on that draft within a time limit set by the Chairman having regard to the urgency of the matter. Opinions shall be delivered by a majority of 41 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The Chaiman shall not vote.  3.    (a) Where the measures envisaged are in accordance with the opinion of the Committee, the Commission shall adopt them.       (b) Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority.       (c) If within three months of the proposal being submitted to it the Council has not acted, the proposed measures shall be adopted by the Commission.         Article 10 Article 9 shall apply for 18 months from the date on which the matter is first referred to the Committee pursuant to Article 9 (1).   Article 11 This Directive shall not apply to products intended for export outside the Community.   Article 12 1. Member States shall, within a period of one year following notification of this Directive, amend their laws in accordance with this Directive and shall immediately inform the Commission thereof.  The laws thus amended shall be applied in such a way as to:    - permit trade in those products which comply with this Directive, two years after notification,       - prohibit trade in those products which do not comply with this Directive, three years after notification ; this period shall be extended, for Ireland and the United Kingdom, as regards Article 4, until the expiry of the transitional period during which the use of the imperial units of measurement listed in Chapter D of the Annex to Directive 71/354/EEC, is authorized in the Community.         2. Paragraph 1 shall not prevent Member States from prohibiting the manufacture of products which do not comply with this Directive, two years after notification.   Article 13 This Directive is addressed to the Member States.     Done at Luxembourg, 27 June 1977.  For the Council  The President  J. SILKIN     ANNEX DESCRIPTIONS AND DEFINITIONS OF THE PRODUCTS    1. Coffee extracts to which this Directive applies:      (a) "soluble coffee", "instant coffee", "dried coffee extract" or "dried extract of coffee":  means coffee extract in powder, granular, flake, cube or other solid form, of which the coffee-based dry matter content is not less than 96 % by weight and which is obtained by using for its manufacture a quantity of raw coffee of at least 2 73 kg per 1 kg of finished product.  This product may not contain any substances other than those derived from its extraction.           (b) "coffee extract paste"  means coffee extract, in paste form, of which the coffee-based dry matter content is not more than 85 % and not less than 70 % by weight and which is obtained by using for its manufacture a quantity of raw coffee of at least 2 73 kg per 0 7960 kg of coffee-based dry matter in the finished product.  This product may not contain any substances other than those derived from its extraction.           (c) "liquid coffee extract"  means coffee extract in liquid form, of which the coffee-based dry matter content is not more than 55 % and not less than 15 % by weight and which is obtained by using for its manufacture a quantity of raw coffee of at least 2 73 kg per 0 7960 kg of coffee-based dry matter in the finished product.  This product may not contain any substances other than those derived from its extraction. However, it may contain edible sugars, whether or not roasted, in a proportion not exceeding 12 % by weight.           2. Chicory extracts to which this Directive applies:    (a) "dried chicory extract" or "soluble chicory" or "instant chicory":  means chicory extract in powder, granular, flake, cube or other solid form, the chicory-based dry matter content of which is not less than 96 % by weight.  This product may not contain any substances other than those derived from its extraction. Substances which are not derived from chicory may not exceed 1 %.       (b) "chicory extract paste"  means chicory extract in paste form, of which the chicory-based dry matter content is not more than 85 % and not less than 70 % by weight.  This product may not contain any substances other than those derived from its extraction. Substances which are not derived from chicory may not exceed 1 %.       (c) "liquid chicory extract"  means chicory extract in liquid form, of which the chicory-based dry matter content is less than 50 % and not less than 16 % by weight.  This product may not contain any substances other than those derived from its extraction. It may, however, contain sugars in a proportion not exceeding 25 % by weight.


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32000L0018

Directive 2000/18/EC of the European Parliament and of the Council of 17 April 2000 on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway

Official Journal L 118 , 19/05/2000 P. 0041 - 0043

Directive 2000/18/EC of the European Parliament and of the Councilof 17 April 2000on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterwayTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 75(1)(c) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure referred to in Article 251 of the Treaty(3),(1) Whereas the improvement of transport safety and the protection of the environment, especially within the context of the transport of dangerous goods by road, rail and inland waterway, are important issues, as is also the human element in the safe operation of these modes of transport.(2) Whereas under the terms of Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway(4), all undertakings the activities of which include the transport of dangerous goods, as well as the loading or unloading related to that type of transport, are obliged to appoint one or more safety advisers. The said Directive does not contain any detailed provisions aimed at the harmonisation of examination requirements for safety advisers or any provisions applicable to examination bodies.(3) Whereas Member States should set up a common minimum framework for the examination of safety advisers and the conditions for the examination bodies in order to guarantee a certain level of quality and to facilitate the mutual recognition of EC certificates of training.(4) Whereas the examination of safety advisers will as a minimum include a written test consisting of questions relating at least to the subjects listed in Annex II to Directive 96/35/EC and a case study whereby the candidates can demonstrate that they have the ability to carry out the tasks of a safety adviser.(5) Whereas Member States may provide that candidates who intend to work for undertakings whose activities are concerned only with specific dangerous goods will be examined only on subject matters related to their activities. In this case, the EC certificate of training should clearly indicate the limits of its validity.(6) Whereas the examination organised by the examination bodies will be subject to approval of the Member States' competent authorities. Member States will define the criteria applicable to examination bodies should be technically competent, reliable and independent.(7) Whereas Member States should assist one another in the implementation of this Directive,HAVE ADOPTED THIS DIRECTIVE:CHAPTER IScope and definitionsArticle 11. This Directive lays down the minimum examination requirements for the examination needed to obtain the EC certificate of training as safety adviser for the transport of dangerous goods provided for in Directive 96/35/EC.2. Member States shall take all necessary measures to ensure that safety advisers for the transport of dangerous goods are examined in such a way that they satisfy these minimum requirements.Article 2For the purposes of this Directive:(a) "safety adviser for the transport of dangerous goods", hereinafter referred to as "adviser", shall mean any person specified in Article 2(b) of Directive 96/35/EC;(b) "dangerous goods" shall mean goods defined in Article 2 of Directive 94/55/EC(5) and Article 2 of Directive 96/49/EC(6);(c) "undertaking" shall mean the undertakings specified in Article 2(a) of Directive 96/35/EC;(d) "examination" shall mean the examination specified in Article 5(2) of Directive 96/35/EC;(e) "examination body" shall mean any body designated by the competent authorities of the Member States to hold examinations;(f) "EC certificate" shall mean the certificate established in accordance with the model given in Annex III to Directive 96/35/EC.CHAPTER IIExaminationsArticle 31. The competent authority or examining body shall organise a compulsory written examination which it may supplement with an oral examination to check whether candidates possess the necessary level of knowledge required to carry out the tasks of adviser in order to obtain the EC certificate.2. The compulsory examination shall consist of a written test adapted to the mode(s) of transport in respect of which the EC certificate is issued.3. (a) The candidate shall be given a questionnaire. It shall consist of at least 20 open questions relating, in accordance with Article 5(4) of Directive 96/35/EC, at least to the subjects listed in Annex II to the said Directive. However, use may be made of multiple choice questions. In that case, two multiple choice questions shall be equal to one open question.Among those subjects, particular attention, appropriate to the mode of transport concerned, shall be given to the following topics:- general prevention and safety measures,- the classification of dangerous goods,- general packaging requirements, including tanks, tank containers and rail tankers,- danger markings and labels,- references in transport documents,- handling and stowage,- the vocational training of crews,- vehicle papers and transport certificates,- safety instructions,- transport equipment requirements.(b) Candidates shall carry out a case study in connection with Annex I to Directive 96/35/EC whereby they can demonstrate that they have the ability to carry out the tasks of adviser.(c) Member States may provide that candidates who intend to work for undertakings specialised in the transport of certain types of dangerous goods shall be tested, in accordance with Annex II of Directive 96/35/EC, only on matters related to their activities.These types of goods shall be:- class 1 (explosives),- class 2 (gases),- class 7 (radioactive material),- classes 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2, 8 and 9 (solids and liquids),- UN numbers 1202, 1203, 1223 (mineral oils).The heading of the EC certificate must clearly indicate that it is valid only for types of dangerous goods referred to in this paragraph and on which the adviser has been examined in accordance with the requirements defined in (a) and (b).4. The competent authority or examination body shall gradually establish a compendium of the questions which have been included in the examination.CHAPTER IIICriteria applicable to examination bodiesArticle 41. If Member States do not take direct charge of the organisation of the examination, they shall appoint the examination bodies on the basis of the following criteria:(a) competence of the examination body;(b) specification of the examination arrangements proposed by the examination body;(c) measures intended to ensure the impartiality of the examinations;(d) independence of the body as regards any natural or legal persons employing advisers.2. The approved examination body shall be designated in writing. Such approval may be of limited duration.Article 5Member States shall assist one another in implementing this Directive.Each Member State shall submit on a regular basis to the Commission the compendium of questions referred to in Article 3(4). The Commission shall inform the other Member States thereof.CHAPTER IVFinal provisionsArticle 61. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within three months of its entry into force. They shall forthwith inform the Commission thereof.When the Member States adopt these measures, they shall include a reference to this Directive or shall be accompanied by such a reference upon their official publication. The Member States shall lay down the manner in which such references shall be made.2. The Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.Article 7This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 8This Directive is addressed to the Member States.Done at Luxembourg, 17 April 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentL. Capoulas Santos(1) OJ C 148, 14.5.1998, p. 21, and OJ C 52, 23.2.1999, p. 16.(2) OJ C 407, 28.12.1998, p. 118.(3) Opinion of the European Parliament of 20 October 1998 (OJ C 341, 9.11.1998, p. 29), confirmed on 16 September 1999, Council Common Position of 29 March 1999 (OJ C 36, 8.2.2000, p. 1) and Decision of the European Parliament of 18 January 2000 (not yet published in the Official Journal). Council Decision of 28 March 2000.(4) OJ L 145, 19.6.1996, p. 10.(5) 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 (OJ L 319, 12.12.1994, p. 7). Directive amended by Commission Directive 96/86/EC (OJ L 335, 24.12.1996, p. 43 and OJ L 251, 15.9.1997, p. 1).(6) Council Directive 96/49/EC of 23 July 1996 on the harmonisation of the laws of the Member States with regard to transport of dangerous goods by rail (OJ L 235, 17.9.1996, p. 25). Directive amended by Commission Directive 96/87/EC (OJ L 335, 24.12.1996, p. 45).


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31993L0066

Council Directive 93/66/EEC of 19 July 1993 amending Directive 81/645/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Greece)

Official Journal L 184 , 27/07/1993 P. 0036 - 0041

COUNCIL DIRECTIVE 93/66/EEC of 19 July 1993 amending Directive 81/645/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Greece)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), and in particular Article 2 (2) thereof,  Having regard to the proposal from the Commission (2),  Having regard to the opinion of the European Parliament (3),  Whereas Directive 81/645/EEC (4) lays down the areas in Greece which are included in the Community list of less-favoured areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC;  Whereas the Greek Government has requested, in accordance with Article 2 (2) of Directive 75/268/EEC, that the Community list of less-favoured areas given in the Annex to Directive 81/645/EEC be amended;  Whereas the new areas to be included in the list comply with the criteria and figures applied pursuant to Directive 85/148/EEC (5) to determine areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC;  Whereas it has been decided that the new areas to be classified as areas affected by specific handicaps as referred to in Article 3 (5) of Directive 75/268/EEC are the border areas within the meaning of Directive 81/645/EEC, which requires the  reclassification of areas already classified as areas within the meaning of Article 3 (4) as areas within the meaning of Article 3 (5) in order to create homogeneous agricultural border areas;  Whereas the combined area of the areas in question does not exceed 4 % of the area of the Member State concerned;  Whereas the amendment requested by the Greek Government represents 2,5 % of the utilized agricultural area of Greece; whereas, as a result of this request, the amendment to Directive 81/645/EEC involves an increase of more than 1,5 % of the utilized  agricultural area in Greece,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The list of less-favoured areas in Greece given in the Annex to Directive 81/645/EEC is hereby supplemented and amended in accordance with the list given in the Annex hereto.  Article 2  This Directive is addressed to the Hellenic Republic.  Done at Brussels, 19 July 1993.  For the Council The President A. BOURGEOIS (1) OJ No L 128, 19. 5. 1975, p. 1. Directive as last amended by Regulation (EEC) No 797/85 (OJ No L 93, 30. 3. 1985, p. 1).  (2) OJ No C 136, 15. 5. 1993, p. 6.  (3) Opinion delivered on 25 June 1993 (not yet published in the Official Journal).  (4) OJ No L 238, 24. 8. 1981, p. 1. Directive as amended by Directive 85/148/EEC (OJ No L 56, 25. 2. 1985, p. 1).  (5) OJ No L 56, 25. 2. 1985, p. 1).    PARARTIMA ANEXO - BILAG - ANLAGE -  - ANNEX - ANNEXE - ALLEGATO - BIJLAGE - ANEXO  Meionektikes perioches kata tin ennoia toy arthroy  3  paragrafos  3  tis odigias  /* Tables: see OJ */       3  paragrafos  4  tis odigias  /* Tables: see OJ */       3  paragrafos  5  tis odigias  /* Tables: see OJ */      / Koinotiton gia epanataxinomisi apo  3.4  se  3.5    /* Tables: see OJ */


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31996L0043

Council Directive 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC

Official Journal L 162 , 01/07/1996 P. 0001 - 0013

COUNCIL DIRECTIVE 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EECTHE COUNCIL OF THE EUROPEAN UNION,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 live animals and animal products are included in the list of products contained in Annex II to the Treaty; whereas such animals and animal products constitute a source of income for part of the agricultural population;Whereas Council Directive 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls of animal products covered by Annex A to Directive 89/662/EEC and by Directive 90/675/EEC (4), laid down the principles governing the charging of fees for such controls;Whereas Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (5), lays down in particular the requirements for veterinary checks to be carried out in the Member State of dispatch for live animals and certain animal products;Whereas Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (6) and Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (7), lay down in particular the requirements for documentary, identity and physical checks to be carried out on animals from third countries;Whereas the financing of such inspections and health checks varies in the different Member States, and is carried out in particular by charging fees which can vary; whereas such differences can affect the conditions of competition between products which are for the most part covered by common organizations of the market;Whereas, in the case of live animals entering the Community from third countries, the fact that operators are charged different fees can lead to deflections of trade;Whereas in order to remedy this situation provision should be made for harmonized rules on the financing of such inspections and checks;Whereas the public authorities are responsible for carrying out such inspections and checks; whereas, however, provision should be made for operators to pay a contribution to the financing of such inspections and checks;Whereas Directives 90/675/EEC and 91/496/EEC should be adapted to take account of these principles;Whereas it is necessary to provide for the financing of the checks laid down in Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/496/EEC and Decisions 89/187/EEC and 91/664/EEC (8);Whereas technical adjustments should also be made to the existing Annexes to Directive 85/73/EEC to take account of experience gained;Whereas for products of animal origin other than meat referred to in Directives 64/433/EEC (9), 71/118/EEC (10) and 72/462/EEC (11), the detailed rules necessary for the financing of veterinary inspections still need to be laid down;Whereas, in order to ensure the effective functioning of the inspection system for fishery products and to avoid distortions of competition in this sector, such detailed rules should be laid down for the fishery products covered by Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and placing on the market of fishery products (12);Whereas the detailed rules proposed take account of the specific nature of fishery products, the nature of the checks provided for in Directive 91/493/EEC and the importance of setting Community fees as regards rules of competition;Whereas these arrangements should not include fishery products the placing on the market of which is not covered by the rules laid down in Directive 91/493/EEC;Whereas, for products of animal origin from third countries, a link should be established with the date as from which the agreements on the equivalence of veterinary guarantees should be concluded,HAS ADOPTED THIS DIRECTIVE:Article 1The Title, the Articles and the Annexes to Directive 85/73/EEC shall be replaced by the text set out in the Annex to this Directive.Article 21. In Article 3 (ii) of Directive 90/675/EEC the terms 'provided for in Directive 96/23/EC (*)` shall be inserted in the first line after '(ii) that the veterinary checks` and before . . . 'have been paid for and that . . .`.'(*) OJ No L 125, 23. 5. 1996, p. 10.`2. Article 15 of Directive 91/496/EEC shall read as follows:'Article 15Member States shall collect a fee for veterinary and health checks when the animals referred to in this Directive are imported, in accordance with Directive 96/23/EC (*).(*) OJ No L 125, 23. 5. 1996, p. 10.`Article 3Before 1 January 1999 the Council shall review this Directive on the basis of a report from the Commission together with proposals if appropriate.Article 41. Member States shall bring into force laws, regulations and administrative provisions necessary to comply with:(i) the provisions of Article 7 and of Chapter I (1) (e) of Annex A by 1 July 1996;(ii) the provisions of Chapter II, Section II of Chapter III of Annex A and Chapter II of Annex C by 1 January 1997;(iii) other amendments by 1 July 1997.Member States shall have a further period which can extend to 1 July 1999 within which to comply with the provisions of Section I of Chapter III of Annex A.When Member States adopt these provisions they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.Article 5This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Luxembourg, 26 June 1996.For the CouncilThe PresidentM. PINTO(1) OJ No C 219, 3. 8. 1993, p. 15.(2) OJ No C 315, 22. 11. 1993, p. 630.(3) OJ No C 34, 2. 4. 1994, p. 23.(4) OJ No L 32, 5. 2. 1985, p. 14. Directive as last amended by Directive 96/17/EC (OJ No L 78, 28. 3. 1996, p. 30).(5) OJ No L 224, 18. 8. 1990, p. 29. Directive as last amended by Directive 92/118/EEC (OJ No L 62, 15. 3. 1993, p. 49).(6) OJ No L 373, 31. 12. 1990, p. 1. Directive as last amended by Directive 95/52/EC (OJ No L 265, 8. 11. 1995, p. 16).(7) OJ No L 268, 24. 9. 1991, p. 56. Directive as last amended by Decision 92/438/EEC (OJ No L 243, 25. 8. 1992, p. 27).(8) OJ No L 125, 23. 5. 1996, p. 10.(9) OJ No 121, 29. 7. 1964, p. 2012/64. Directive as last amended by Directive 92/5/EEC (OJ No L 57, 2. 3. 1992, p. 1).(10) OJ No L 55, 8. 3. 1971, p. 23. Directive as last amended by Directive 92/116/EEC (OJ No L 62, 15. 3. 1993, p. 1).(11) OJ No L 302, 31. 12. 1972, p. 28. Directive as last amended by Regulation (EEC) No 1601/92 (OJ No L 173, 27. 6. 1992, p. 13).(12) OJ No L 268, 24. 9. 1991, p. 15.ANNEX COUNCIL DIRECTIVE 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls covered by Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC (amended and consolidated) Article 1 Member States shall ensure, in accordance with the arrangements laid down in Annex A, that a Community fee is collected to cover the costs occasioned by inspections of and controls on the products listed in that Annex, including those aimed at ensuring animal production in slaughterhouses, in accordance with the requirements of Directive 93/119/EEC.Article 2 Member States shall ensure, in accordance with the arrangements laid down in Annex B, that a Community fee is collected to cover the costs occasioned by the inspections and controls provided for by Directive 96/23/EC (1).Article 3 Member States shall ensure, in accordance with the arrangements laid down in Annex C, that a Community fee is collected to cover the costs occasioned by inspections of and controls on the live animals listed in that Annex.Article 4 1. Pending the adoption of provisions governing Community fees, Member States shall ensure the financing of inspections and controls not covered by Articles 1, 2 and 3.2. For the purposes of paragraph 1, Member States may charge national fees in accordance with the principles adopted for Community fees.Article 5 1. The Community fees shall be set at a level which covers the costs borne by the competent authority in respect of:- salary costs and social-security costs involved in the inspection service,- administrative costs incurred in carrying out controls and inspections, which may include the expenditure required for in-service training of inspectors,for the controls and inspections referred to in Articles 1, 2 and 3.2. No direct or indirect refund of the fees provided for in this Directive shall be permitted. However the possible application by a Member State of the standard average provided for in Annexes A, B and C shall not be considered an indirect refund in the assessment of individual cases.3. Member States shall be authorized to charge an amount exceeding the levels of the Community fees provided that the total fees charged by each Member State do not exceed the actual cost of inspection.4. Without prejudice to the choice of the authority empowered to charge Community fees, Community fees shall replace all other health-inspection charges or fees levied by the Member States' national, regional or local authorities for the inspections and controls referred to in Articles 1, 2 and 3 and the certification thereof.This Directive shall not prevent Member States from charging fees for combating epizootic and enzootic diseases.Article 6 1. Member States shall regularly communicate to the Commission- data concerning the distribution and use of Community fees; they must be able to justify their methods of calculation,- the conversion rates adopted each year in accordance with Article 7,- the place or places where Community fees are charged, giving any explanations necessary.2. As part of the on-the-spot checks to be carried out by the Commission, the Commission may, in collaboration with the competent national authorities, verify whether the provisions of this Directive are being applied.3. Where a Member State considers that the controls in another Member State are not carried out satisfactorily and that the fees provided for in this Directive do not cover the cost of the controls, or do not cover them adequately, it shall have recourse to the relevant provisions of Directive 89/608/EEC and in particular to Articles 10 and 11 thereof.Article 7 1. The rate of conversion into national currency of the amounts in ecus specified in this Directive shall be that published annually on the first working day of September in the C series of the Official Journal of the European Communities.The rate shall apply with effect from 1 January in the following year.2. By way of derogation from paragraph 1:- for 1994 Member States shall use the conversion rate applicable on 1 September 1992,- for the years 1995 to 1998 Member States shall use the average of the conversion rates published in accordance with paragraph 1 for the preceding three years.Article 8 Acting by a qualified majority on a proposal from the Commission, the Council may amend Annexes A, B and C to this Directive with a view, in particular, to establishing standard levels for Community fees, laying down detailed rules for their implementation and providing for exceptions.Article 9 1. The Hellenic Republic shall be authorized to derogate from the principles laid down in this Directive where, because of geographical characteristics, the costs of charging a fee in geographically remote regions are greater than the yield from the fee.The Greek authorities shall inform the Commission of the territorial extent of the derogations granted.That information shall be accompanied by any explanations necessary.2. In the case of other outermost regions, other Member States may be authorized, in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC, to benefit from the same derogations.(1) OJ No L 125, 23. 5. 1996, p. 10.Annex A CHAPTER I Fees applicable to meat covered by Directives 64/433/EEC, 71/118/EEC, 91/495/EEC and 92/45/EEC The fee referred to in Article 1 is fixed in accordance with Article 5 (1), as follows:1. Without prejudice to points 4 and 5, Member States will collect for inspection costs relating to slaughter the following standard amounts:(a) beef and veal:- adult bovine animals: ECU 4,5 per animal,- young bovine animals: ECU 2,5 per animal;(b) solipeds/equidae: ECU 4,4 per animal;(c) pigmeat: animals of a carcase weight- of less than 25 kg: ECU 0,5 per animal,- equal to or greater than 25 kg: ECU 1,30 per animal;(d) sheepmeat and goatmeat: animals of a carcase weight- of less than 12 kg: ECU 0,175 per animal,- of between 12 and 18 kg: ECU 0,35 per animal,- of more than 18 kg: ECU 0,5 per animal;(e) poultrymeat:(i) either at a standard rate as follows:- for broilers, other young poultry for fattening weighing less than 2 kg and for cast hens: ECU 0,01 per animal,- other young poultry for fattening of a carcase weight equal to or greater than 2 kg: ECU 0,02 per animal,- other heavy adult poultry weighing 5 kg or more: ECU 0,04 per animal;(ii) or, where a Member State decides not to make the distinction between categories of poultry as in (i), at ECU 0,03 per bird;(f) rabbit meat and meat of small game birds or ground game:- for rabbits and small game birds and ground game, the standard rates laid down in (e);- for the following land mammals:- wild boar: the rates laid down in (c), increased if the levels are insufficient to cover this cost, the cost of the trichinioscopic exam provided for in Directive 92/45/EEC,- ruminants: the rates laid down in (d).2. The controls and inspections connected with the cutting operations referred to in, inter alia, Article 3 (1) (B) of Directive 64/433/EEC and Article 3 (1) (B) of Directive 71/118/EEC must be covered(a) either: at a standard rate by the addition of a standard amount of ECU 3 per tonne on meat entering a cutting plant.That amount is added to the amounts referred to in 1 above;(b) or: by charging the actual costs of inspection per hour worked.Where the cutting operations are carried out in the establishment where the meat is obtained, the amounts laid down in the first subparagraph shall be reduced by up to 55 %.A Member State which opts to levy fees by the hour worked must be able to demonstrate to the Commission that the actual costs cannot be covered by charging fees in accordance with (a).3. Member States must charge an amount corresponding to the actual expenditure necessary for controls or inspections of meat being stored pursuant to, inter alia, Article 3 (1) (D) of Directive 64/433/EEC and Article 3 (1) (C) of Directive 71/118/EEC.The detailed rules for applying this paragraph may be laid down by the procedure provided for in Article 16 of Directive 64/433/EEC or Article 21 of Directive 71/118/EEC with a view in particular to settling the cases of intervention meat and meat subject to short-term storage in successive cold stores.4. In order to cover increased costs, Member States may:(a) either: increase the standard amounts of fees as laid down in points 1 and 2 (a) for individual establishments.Apart from that laid down in point 5 (a), the conditions to be met might be the following:- higher inspection costs due to a particular lack of uniformity in the animals for slaughter from the point of view of age, size, weight and state of health,- longer waiting and otherwise non-productive periods for inspection staff owing to inadequate advance planning by the establishment of animal deliveries or technical inadequacies or failures, for example in older establishments,- frequent delays in the slaughtering process, e.g. as a result of insufficient slaughter staff and hence under-employment of inspection staff,- higher costs due to special travelling times,- more time taken up on inspections due to frequently changing slaughter periods beyond the control of inspection staff,- frequent interruptions in the slaughtering process to meet cleaning and disinfecting requirements,- inspections of animals which, at the request of the owner, are slaughtered outside normal slaughtering hours.The amount of the increases in the central standard rate for fees depends on the level of the costs to be covered;(b) or: charge a special fee covering actual costs.5. Member States in which salary costs, the structure of establishments and the relationship between veterinarians and inspectors diverge from the Community average taken as a basis for calculation of the standard amounts fixed in points 1 and 2 (a) may exceptionally reduce them to meet the real costs of inspection:(a) in general, where there are substantial differences in the cost of living and salary costs;(b) for individual establishments, where the following conditions are met:- a minimum daily slaughter rate enabling the deployment of the relevant inspection staff to be planned in advance,- the number of slaughtered animals is constant, so that animal deliveries may be planned in advance, thus enabling rational use to be made of the inspection staff,- strict organization and planning within the establishment together with a rapid slaughter rate, permitting optimum use of inspection staff,- no waiting or otherwise non-productive periods for inspection staff;- the animals for slaughter are as far as possible uniform in age, size, weight and state of health.In no case should the application of these exemptions result in reductions of more than 55 % of the levels indicated in points 1 and 2 (a).6. (a) The fees referred to in points 1, 2 and 3 must be collected, as appropriate, at the slaughterhouse, cutting plant or cold store. They shall be payable by the operator or the owner carrying out the aforementioned operations, who may, however, pass on the fee charged for the operation concerned to the natural or legal person on whose behalf the operation is carried out. Where the health inspection of live poultry is carried out at the farm of origin, in accordance with Directive 71/118/EEC, an amount of up to 20 % of the standard rates laid down in point 1 (e) may be charged at the farm of origin.(b) By way of derogation from the concept of the place of charge referred to in the first sentence of (a), in the case of establishments carrying out more than one operation and of chains of production covering more than one operation, Member States may charge a total aggregate fee including the various amounts simultaneously and at a single location.(c) If the fee charged at a slaughterhouse covers the whole of the inspection costs referred to in (a), the Member State shall not charge any fee at the cutting plant or the cold store.CHAPTER II Fees applicable to meat covered by Directive 72/462/EEC, Chapter III of Directive 71/118/EEC, Chapter III of Directive 92/45/EEC and Chapter 11 of Annex I to Directive 92/118/EEC 1. The fee referred to in Article 1 is fixed at the minimum standard level of ECU 5 per tonne (on the bone), with a minimum amount of ECU 30 per consignment.Member States may, however, increase that amount exceptionally to meet actual costs.2. However, for imports from any of the countries which as at 20 February 1995 have begun negotiations with the European Union with a view to concluding a comprehensive agreement on the equivalence of veterinary guarantees (animal health and public health) based on the principle of reciprocal treatment and with which such an agreement has been concluded before 31 December 1996, Member States may, until 30 June 1997 maintain this reduced level of fees.The amount of the fee to be charged on imports from any of the third countries referred to in the first subparagraph shall be fixed, following the conclusion of the comprehensive equivalence agreement with the said third country, by the procedure referred to in paragraph 3, taking into account the following principles:- the frequency of checks,- the level of the fee applied by the said third country to imports originating in the European Union,- abolition of other charges levied by the third country, such as compulsory lodging or collection of a health bond.3. When the decisions provided for in Article 8 (3) of Directive 90/675/EEC are adopted and in accordance with the same procedure the amounts referred to in point 1 shall be adjusted in the light of the reduced frequency of checks decided on.When taking these decisions the Commission will take account in particular of the guarantees given by the third countries concerning acceptance of the principle of regionalization and of the other Community principles.4. The fee referred to in point 1 is payable by the importer or his customs agent and charged at the customs office responsible for the border inspection post or directly at the inspection post.5. Member States may allocate part of the yield of the fees provided for in this chapter to a health solidarity fund designed to strengthen the veterinary services to allow them to react more effectively to any appearance of an exotic disease.CHAPTER III Fees applicable to fishery products covered by Directive 91/493/EEC Section I Fishery products falling under Chapter I of Directive 91/493/EEC The fee referred to in Article 1 shall be fixed in accordance with Article 5 (1) as follows:1. (a) Member States shall collect a fee for inspection costs relating to the official checks provided for in Chapter V (II) of the Annex to Directive 91/493/EEC;(b) the fee provided for in (a) shall be fixed at ECU 1 per tonne of fishery products for the first 50 tonnes and at ECU 0,5 per tonne thereafter. It shall be collected at the time of first placing on the market, unless already collected on landing, and shall, in any event, be charged to the first purchaser. Member States may provide for a system allowing aggregation of quantities of fishery products over a given period and arrangements for centralized collection at the time of first sale;(c) by way of derogation to (b), the fees collected on the species referred to in Annex II to Commission Regulation (EEC) No 3703/85 must not exceed ECU 50 per consignment unloaded if the actual costs do not exceed that amount;(d) the collection of the fee provided for in (a) shall be without prejudice to the collection of that provided for in point 2 in the event of subsequent processing of fisheries products, without prejudice to point 7 (b).2. (a) Member States shall collect a fee for inspection costs relating in particular to the official checks carried out in accordance with point I of Chapter V of the Annex to Directive 91/493/EEC and to the official checks provided for in point II of the said Chapter V.(b) The fee provided for in (a) shall be fixed at ECU 1 and shall be charged on every tonne of fishery products entering a preparation and/or processing establishment or coming from a factory ship.Furthermore, in the case of inspection of a factory ship abroad, the Member States shall charge the actual cost of the said inspection.(c) At the request of a Member State, accompanied by the necessary supporting documents, a lower level of fees may be fixed for the species referred to in point 1 (c) in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC.3. (a) Where, following a detailed examination of the costs of the checks referred to in point 1 (a) for a given product in its territory, a Member State considers that the actual costs cannot be covered by collecting fees in accordance with point 1 (b), it shall be authorized to lay down arrangements for levying fees by the hour worked for that product.(b) Where, following a detailed examination of the costs of the checks referred to in point 2 (a) for a given product in its territory, a Member State considers that the actual costs cannot be covered by collecting fees in accordance with point 2 (b) in a given establishment, it shall be authorized to lay down arrangements for levying fees by the hour worked for establishments handling that product.A Member State which opts to levy fees by the hour worked must be able to demonstrate to the Commission that the actual costs cannot be covered by collecting fees in accordance with points 1 (b) and 2 (b).4. (a) Member States shall be authorized to reduce the amount of the fee provided for in point 1 (b) when the checks provided for in point 1 are facilitated by the fact that:- the fish are graded for freshness and/or size in accordance with Regulations (EEC) No 103/76 and No 104/76, or recognized in accordance with national rules, and/or- first sale transactions are grouped together, in particular in a fish auction or wholesale market.Under no circumstances may application of the above provisions lead to reductions of more than 55 %.However, at the request of a Member State, accompanied by appropriate supporting documents, an additional reduction may be decided on in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC.(b) Member States shall be authorized to reduce the amount of the fee provided for in point 2 when:- preparation or processing is carried out on the same site as the first sale or processing, and/or- in a given establishment, operating conditions and guarantees as to the establishment's own checks are such that inspection staff requirements can be reduced.Under no circumstances may application of the above provisions lead to reductions of more than 55 %.However, at the request of a Member State, accompanied by appropriate supporting documents, an additional reduction may be decided on in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC.5. Member States shall collect an amount corresponding to the actual cost of checks on fishery products in establishments only chilling, freezing, packaging or storing. However, if the fee collected in accordance with points 1 and 2 covers all the inspection costs relating to the checks provided for in Chapter V of the Annex to Directive 91/493/EEC, the Member State shall not collect the fee referred to in this point.6. (a) The fees provided for in points 2 and 5 shall be payable by the operator or the owner of the establishment carrying out the aforementioned operations, who may, however, pass on the fee charged for the operation concerned to the natural or legal person on whose behalf the operation is carried out.(b) In the case of fishery products intended for subsequent preparation and/or processing within their territories, Member States may collect a total fee covering the different amounts on a single occasion and in a single location.Member States that wish to avail themselves of this possibility must first inform the Commission.7. Member States shall put in place systems to check that the fees provided for in this Chapter have been paid by the operators concerned.In particular, Member States shall ensure, under their national rules, that operators receive written attestations or some other proof of individual or global payment or order for payment of the fees provided for in point 1 (a) of this Chapter, unless the fishery products concerned are intended for preparation or processing within the territory of the Member State where they were landed, and provided that the full amount of the fee is paid at the processing establishment or preparation establishment.If necessary, detailed implementing rules shall be adopted in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC.They shall inform the Commission thereof.8. Taking into account the structural derogations granted Finland and Sweden in the context of the common organization of the markets under Regulation (EEC) No 3759/92, and without prejudice to compliance with the fee levels provided for in this Section, Finland and Sweden may, in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC, be authorized, on the basis of appropriate supporting documentation, to apply alternative means of collection until the outcome of the review provided for in Article 3 of Directive 96/43/EC.Section II Fishery products falling under Chapter II of Directive 91/493/EEC 1. In the case of the fishery products referred to in the second paragraph of Article 10 of Directive 91/493/EEC, the provisions laid down in point 1 of Section I of this Annex shall apply.Member States shall also collect an additional amount to cover inspection costs inherent in this type of vessel and unloading, with a minimum of ECU 1 per tonne unloaded.2. For fishery products other than those referred to in point 1, that is to say all fishery products which have to go through border inspection posts, the fee provided for in Article 1 shall be fixed in accordance with Article 5 (1) at the minimum standard level of ECU 5 per tonne, with a minimum of ECU 30 per consignment, although, above 100 tonnes, the minimum standard amount of ECU 5 shall be reduced to:- ECU 1,5 per additional tonne for fishery products which have undergone no preparation other than gutting;- ECU 2,5 per additional tonne for the other fishery products.3. When the decisions provided for in Article 8 (3) of Directive 90/675/EEC are adopted and in accordance with the same procedure, the amounts referred to in point 2 shall be adjusted in the light of the reduced frequency of checks decided on.When those decisions are taken, the Commission shall take account in particular of the guarantees given by third countries as regards acceptance of the principles of regionalization, equivalence, reciprocity and other Community principles, in particular where these third countries are covered by a comprehensive agreement with the Community on the equivalence of veterinary guarantees (animal and public health).Under no circumstances may application of this variation lead to fees of less than the amounts charged in accordance with Section I (1) (b) and (2) (b) for products landed from vessels flying Community flags.Collection of this fee shall be without prejudice to collection of the fee provided for in point 2 (b) of Chapter I in the event of further processing.For the purposes of implementing this Chapter, Member States shall apply the fees provided for under Section I to imports landed by vessels flying the flag of Greenland.4. Member States may derogate from point 2 by raising fees to the level of actual costs.5. The fee provided for in point 2 shall be payable by the importer, or his customs agent, and collected at the customs office responsible for the border inspection post or directly at the border inspection post.6. Member States shall be authorized to apply until 31 December 1999 the fees provided for under Section I to imports landed from fishing vessels belonging to joint ventures registered in accordance with the relevant Community provision.Annex B FEES INTENDED TO ENSURE THAT THE CONTROLS ON LIVE ANIMALS AND PRODUCTS OF ANIMAL ORIGIN PROVIDED FOR IN DIRECTIVE 96/23/EEC ARE CARRIED OUT 1. The fee referred to in Article 2 shall be fixed as follows:(a) for live animals for slaughter and meat covered by Chapter I of Annex A: ECU 1,35 per tonne of slaughtered meat;(b) for aquaculture products covered by Chapter III of Annex A: ECU 0,1 per tonne of marketed product;(c) for milk and milk products: ECU 0,02 per 1 000 litres of raw milk;(d) for egg products: the amount corresponding to the actual cost of the control;(e) for honey: Member States may charge an amount covering the actual cost of the inspection or control.2. In compliance with the levels fixed in point 1, Member States may opt for one of the following schemes:(a) the fee referred to in point 1 is collected in full in an establishment forming part of the chain of production:- slaughterhouse in the case of the fee provided for in point 1 (a),- establishment carrying out preparation and/or processing in the case of the fee provided for in point 1 (b),- raw milk collection establishment in the case of the fee provided for in point 1 (c);(b) a proportion of the fee referred to in point 1 is collected at every stage in the chain of production, including the rearing stage, in accordance with criteria to be defined by the Member States.3. The fee referred to in point 1 shall be payable by the operator or the owner of the establishment or establishments concerned, who may, however, pass on the fee charged to the natural or legal person on whose behalf the operations concerned are carried out.Annex C FEES TO BE CHARGED FOR LIVE ANIMALS CHAPTER I Live animals and products of animal origin covered by Directive 90/425/EEC 1. To finance controls at origin a fee must be charged.2. The scope and the level of the fee, the detailed rules for its application, including in particular the determination of those liable for payment, and any exceptions shall be laid down in accordance with the procedure in Article 8.CHAPTER II Live animals intended for importation covered by Directive 91/496/EEC 1. The fee referred to in Article 3 is fixed:(a) for animals of the species referred to in Chapter I of Annex A at the standard rate of ECU 5 per tonne liveweight with a minimum amount of ECU 30 per consignment;(b) for animals of other species at the actual cost of inspection expressed either per animal or per tonne imported, with a minimum of ECU 30 per consignment it being understood that this minimum does not apply to imports of species referred to in Commission Decision 92/432/EEC.However, Member States may by way of derogation increase these amounts to the level of actual costs.2. For imports from any of the countries which as at 20 February 1995 have begun negotiations with the European Union with a view to concluding a comprehensive agreement on the equivalence of veterinary guarantees (animal health and public health) based on the principle of reciprocal treatment and with which such an agreement has been concluded before 31 December 1996, Member States may, until 30 June 1997, maintain this reduced level of fees.The amount of the fee to be charged on imports from any of the third countries referred to in the first subparagraph shall be fixed in the comprehensive equivalence agreement with the said third country taking into account the following principles:- the frequency of checks,- the level of the fee applied by the said third country to imports originating in the European Union,- abolition of other charges levied by the third country, such as compulsory lodging or collection of a health bond.3. The fee referred to in point 1 is payable by the importer or his customs agent and collected at the customs office responsible for the border inspection post, or directly to the border inspection post.4. At the request of a Member State, accompanied by appropriate supporting documents and in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC, a lower level of fees may be applied to imports from certain third countries.5. Member States may allocate part of the yield of the fees provided for in this Chapter to a health solidarity fund designed to strengthen the veterinary services to allow them to react more effectively to any appearance of an exotic disease.