Avis juridique important

|

32001L0077

Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market

Official Journal L 283 , 27/10/2001 P. 0033 - 0040

Directive 2001/77/EC of the European Parliament and of the Councilof 27 September 2001on the promotion of electricity produced from renewable energy sources in the internal electricity marketTHE 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 Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) The potential for the exploitation of renewable energy sources is underused in the Community at present. The Community recognises the need to promote renewable energy sources as a priority measure given that their exploitation contributes to environmental protection and sustainable development. In addition this can also create local employment, have a positive impact on social cohesion, contribute to security of supply and make it possible to meet Kyoto targets more quickly. It is therefore necessary to ensure that this potential is better exploited within the framework of the internal electricity market.(2) The promotion of electricity produced from renewable energy sources is a high Community priority as outlined in the White Paper on Renewable Energy Sources (hereinafter referred to as "the White Paper") for reasons of security and diversification of energy supply, of environmental protection and of social and economic cohesion. That was endorsed by the Council in its resolution of 8 June 1998 on renewable sources of energy(5), and by the European Parliament in its resolution on the White Paper.(6)(3) The increased use of electricity produced from renewable energy sources constitutes an important part of the package of measures needed to comply with the Kyoto Protocol to the United Nations Framework Convention on Climate Change, and of any policy package to meet further commitments.(4) The Council in its conclusions of 11 May 1999 and the European Parliament in its resolution of 17 June 1998 on electricity from renewable energy sources(7) have invited the Commission to submit a concrete proposal for a Community framework on access for electricity produced from renewable energy sources to the internal market. Furthermore, the European Parliament in its resolution of 30 March 2000 on electricity from renewable energy sources and the internal electricity market(8) underlined that binding and ambitious renewable energy targets at the national level are essential for obtaining results and achieving the Community targets.(5) To ensure increased market penetration of electricity produced from renewable energy sources in the medium term, all Member States should be required to set national indicative targets for the consumption of electricity produced from renewable sources.(6) These national indicative targets should be consistent with any national commitment made as part of the climate change commitments accepted by the Community under the Kyoto Protocol.(7) The Commission should assess to what extent Member States have made progress towards achieving their national indicative targets, and to what extent the national indicative targets are consistent with the global indicative target of 12 % of gross domestic energy consumption by 2010, considering that the White Paper's indicative target of 12 % for the Community as a whole by 2010 provides useful guidance for increased efforts at Community level as well as in Member States, bearing in mind the need to reflect differing national circumstances. If necessary for the achievement of the targets, the Commission should submit proposals to the European Parliament and the Council which may include mandatory targets.(8) Where they use waste as an energy source, Member States must comply with current Community legislation on waste management. The application of this Directive is without prejudice to the definitions set out in Annex 2a and 2b to Council Directive 75/442/EEC of 15 July 1975 on waste(9). Support for renewable energy sources should be consistent with other Community objectives, in particular respect for the waste treatment hierarchy. Therefore, the incineration of non-separated municipal waste should not be promoted under a future support system for renewable energy sources, if such promotion were to undermine the hierarchy.(9) The definition of biomass used in this Directive does not prejudge the use of a different definition in national legislation, for purposes other than those set out in this Directive.(10) This Directive does not require Member States to recognise the purchase of a guarantee of origin from other Member States or the corresponding purchase of electricity as a contribution to the fulfilment of a national quota obligation. However, to facilitate trade in electricity produced from renewable energy sources and to increase transparency for the consumer's choice between electricity produced from non-renewable and electricity produced from renewable energy sources, the guarantee of origin of such electricity is necessary. Schemes for the guarantee of origin do not by themselves imply a right to benefit from national support mechanisms established in different Member States. It is important that all forms of electricity produced from renewable energy sources are covered by such guarantees of origin.(11) It is important to distinguish guarantees of origin clearly from exchangeable green certificates.(12) The need for public support in favour of renewable energy sources is recognised in the Community guidelines for State aid for environmental protection(10), which, amongst other options, take account of the need to internalise external costs of electricity generation. However, the rules of the Treaty, and in particular Articles 87 and 88 thereof, will continue to apply to such public support.(13) A legislative framework for the market in renewable energy sources needs to be established.(14) Member States operate different mechanisms of support for renewable energy sources at the national level, including green certificates, investment aid, tax exemptions or reductions, tax refunds and direct price support schemes. One important means to achieve the aim of this Directive is to guarantee the proper functioning of these mechanisms, until a Community framework is put into operation, in order to maintain investor confidence.(15) It is too early to decide on a Community-wide framework regarding support schemes, in view of the limited experience with national schemes and the current relatively low share of price supported electricity produced from renewable energy sources in the Community.(16) It is, however necessary to adapt, after a sufficient transitional period, support schemes to the developing internal electricity market. It is therefore appropriate that the Commission monitor the situation and present a report on experience gained with the application of national schemes. If necessary, the Commission should, in the light of the conclusions of this report, make a proposal for a Community framework with regard to support schemes for electricity produced from renewable energy sources. That proposal should contribute to the achievement of the national indicative targets, be compatible with the principles of the internal electricity market and take into account the characteristics of the different sources of renewable energy, together with the different technologies and geographical differences. It should also promote the use of renewable energy sources in an effective way, and be simple and at the same time as efficient as possible, particularly in terms of cost, and include sufficient transitional periods of at least seven years, maintain investors' confidence and avoid stranded costs. This framework would enable electricity from renewable energy sources to compete with electricity produced from non-renewable energy sources and limit the cost to the consumer, while, in the medium term, reduce the need for public support.(17) Increased market penetration of electricity produced from renewable energy sources will allow for economies of scale, thereby reducing costs.(18) It is important to utilise the strength of the market forces and the internal market and make electricity produced from renewable energy sources competitive and attractive to European citizens.(19) When favouring the development of a market for renewable energy sources, it is necessary to take into account the positive impact on regional and local development opportunities, export prospects, social cohesion and employment opportunities, especially as concerns small and medium-sized undertakings as well as independent power producers.(20) The specific structure of the renewable energy sources sector should be taken into account, especially when reviewing the administrative procedures for obtaining permission to construct plants producing electricity from renewable energy sources.(21) In certain circumstances it is not possible to ensure fully transmission and distribution of electricity produced from renewable energy sources without affecting the reliability and safety of the grid system and guarantees in this context may therefore include financial compensation.(22) The costs of connecting new producers of electricity from renewable energy sources should be objective, transparent and non-discriminatory and due account should be taken of the benefit embedded generators bring to the grid.(23) Since the general objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. Their detailed implementation should, however, be left to the Member States, thus allowing each Member State to choose the regime which corresponds best to its particular situation. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,HAVE ADOPTED THIS DIRECTIVE:Article 1PurposeThe purpose of this Directive is to promote an increase in the contribution of renewable energy sources to electricity production in the internal market for electricity and to create a basis for a future Community framework thereof.Article 2DefinitionsFor the purposes of this Directive, the following definitions shall apply:(a) "renewable energy sources" shall mean renewable non-fossil energy sources (wind, solar, geothermal, wave, tidal, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases);(b) "biomass" shall mean the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;(c) "electricity produced from renewable energy sources" shall mean electricity produced by plants using only renewable energy sources, as well as the proportion of electricity produced from renewable energy sources in hybrid plants also using conventional energy sources and including renewable electricity used for filling storage systems, and excluding electricity produced as a result of storage systems;(d) "consumption of electricity" shall mean national electricity production, including autoproduction, plus imports, minus exports (gross national electricity consumption).In addition, the definitions in Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market of electricity(11) shall apply.Article 3National indicative targets1. Member States shall take appropriate steps to encourage greater consumption of electricity produced from renewable energy sources in conformity with the national indicative targets referred to in paragraph 2. These steps must be in proportion to the objective to be attained.2. Not later than 27 October 2002 and every five years thereafter, Member States shall adopt and publish a report setting national indicative targets for future consumption of electricity produced from renewable energy sources in terms of a percentage of electricity consumption for the next 10 years. The report shall also outline the measures taken or planned, at national level, to achieve these national indicative targets. To set these targets until the year 2010, the Member States shall:- take account of the reference values in the Annex,- ensure that the targets are compatible with any national commitments accepted in the context of the climate change commitments accepted by the Community pursuant to the Kyoto Protocol to the United Nations Framework Convention on Climate Change.3. Member States shall publish, for the first time not later than 27 October 2003 and thereafter every two years, a report which includes an analysis of success in meeting the national indicative targets taking account, in particular, of climatic factors likely to affect the achievement of those targets and which indicates to what extent the measures taken are consistent with the national climate change commitment.4. On the basis of the Member States' reports referred to in paragraphs 2 and 3, the Commission shall assess to what extent:- Member States have made progress towards achieving their national indicative targets,- the national indicative targets are consistent with the global indicative target of 12 % of gross national energy consumption by 2010 and in particular with the 22,1 % indicative share of electricity produced from renewable energy sources in total Community electricity consumption by 2010.The Commission shall publish its conclusions in a report, for the first time not later than 27 October 2004 and thereafter every two years. This report shall be accompanied, as appropriate, by proposals to the European Parliament and to the Council.If the report referred to in the second subparagraph concludes that the national indicative targets are likely to be inconsistent, for reasons that are unjustified and/or do not relate to new scientific evidence, with the global indicative target, these proposals shall address national targets, including possible mandatory targets, in the appropriate form.Article 4Support schemes1. Without prejudice to Articles 87 and 88 of the Treaty, the Commission shall evaluate the application of mechanisms used in Member States according to which a producer of electricity, on the basis of regulations issued by the public authorities, receives direct or indirect support, and which could have the effect of restricting trade, on the basis that these contribute to the objectives set out in Articles 6 and 174 of the Treaty.2. The Commission shall, not later than 27 October 2005, present a well-documented report on experience gained with the application and coexistence of the different mechanisms referred to in paragraph 1. The report shall assess the success, including cost-effectiveness, of the support systems referred to in paragraph 1 in promoting the consumption of electricity produced from renewable energy sources in conformity with the national indicative targets referred to in Article 3(2). This report shall, if necessary, be accompanied by a proposal for a Community framework with regard to support schemes for electricity produced from renewable energy sources.Any proposal for a framework should:(a) contribute to the achievement of the national indicative targets;(b) be compatible with the principles of the internal electricity market;(c) take into account the characteristics of different sources of renewable energy, together with the different technologies, and geographical differences;(d) promote the use of renewable energy sources in an effective way, and be simple and, at the same time, as efficient as possible, particularly in terms of cost;(e) include sufficient transitional periods for national support systems of at least seven years and maintain investor confidence.Article 5Guarantee of origin of electricity produced from renewable energy sources1. Member States shall, not later than 27 October 2003, ensure that the origin of electricity produced from renewable energy sources can be guaranteed as such within the meaning of this Directive according to objective, transparent and non-discriminatory criteria laid down by each Member State. They shall ensure that a guarantee of origin is issued to this effect in response to a request.2. Member States may designate one or more competent bodies, independent of generation and distribution activities, to supervise the issue of such guarantees of origin.3. A guarantee of origin shall:- specify the energy source from which the electricity was produced, specifying the dates and places of production, and in the case of hydroelectric installations, indicate the capacity;- serve to enable producers of electricity from renewable energy sources to demonstrate that the electricity they sell is produced from renewable energy sources within the meaning of this Directive.4. Such guarantees of origin, issued according to paragraph 2, should be mutually recognised by the Member States, exclusively as proof of the elements referred to in paragraph 3. Any refusal to recognise a guarantee of origin as such proof, in particular for reasons relating to the prevention of fraud, must be based on objective, transparent and non-discriminatory criteria. In the event of refusal to recognise a guarantee of origin, the Commission may compel the refusing party to recognise it, particularly with regard to objective, transparent and non-discriminatory criteria on which such recognition is based.5. Member States or the competent bodies shall put in place appropriate mechanisms to ensure that guarantees of origin are both accurate and reliable and they shall outline in the report referred to in Article 3(3) the measures taken to ensure the reliability of the guarantee system.6. After having consulted the Member States, the Commission shall, in the report referred to in Article 8, consider the form and methods that Member States could follow in order to guarantee the origin of electricity produced from renewable energy sources. If necessary, the Commission shall propose to the European Parliament and the Council the adoption of common rules in this respect.Article 6Administrative procedures1. Member States or the competent bodies appointed by the Member States shall evaluate the existing legislative and regulatory framework with regard to authorisation procedures or the other procedures laid down in Article 4 of Directive 96/92/EC, which are applicable to production plants for electricity produced from renewable energy sources, with a view to:- reducing the regulatory and non-regulatory barriers to the increase in electricity production from renewable energy sources,- streamlining and expediting procedures at the appropriate administrative level, and- ensuring that the rules are objective, transparent and non-discriminatory, and take fully into account the particularities of the various renewable energy source technologies.2. Member States shall publish, not later than 27 October 2003, a report on the evaluation referred to in paragraph 1, indicating, where appropriate, the actions taken. The purpose of this report is to provide, where this is appropriate in the context of national legislation, an indication of the stage reached specifically in:- coordination between the different administrative bodies as regards deadlines, reception and treatment of applications for authorisations,- drawing up possible guidelines for the activities referred to in paragraph 1, and the feasibility of a fast-track planning procedure for producers of electricity from renewable energy sources, and- the designation of authorities to act as mediators in disputes between authorities responsible for issuing authorisations and applicants for authorisations.3. The Commission shall, in the report referred to in Article 8 and on the basis of the Member States' reports referred to in paragraph 2 of this Article, assess best practices with a view to achieving the objectives referred to in paragraph 1.Article 7Grid system issues1. Without prejudice to the maintenance of the reliability and safety of the grid, Member States shall take the necessary measures to ensure that transmission system operators and distribution system operators in their territory guarantee the transmission and distribution of electricity produced from renewable energy sources. They may also provide for priority access to the grid system of electricity produced from renewable energy sources. When dispatching generating installations, transmission system operators shall give priority to generating installations using renewable energy sources insofar as the operation of the national electricity system permits.2. Member States shall put into place a legal framework or require transmission system operators and distribution system operators to set up and publish their standard rules relating to the bearing of costs of technical adaptations, such as grid connections and grid reinforcements, which are necessary in order to integrate new producers feeding electricity produced from renewable energy sources into the interconnected grid.These rules shall be based on objective, transparent and non-discriminatory criteria taking particular account of all the costs and benefits associated with the connection of these producers to the grid. The rules may provide for different types of connection.3. Where appropriate, Member States may require transmission system operators and distribution system operators to bear, in full or in part, the costs referred to in paragraph 2.4. Transmission system operators and distribution system operators shall be required to provide any new producer wishing to be connected with a comprehensive and detailed estimate of the costs associated with the connection. Member States may allow producers of electricity from renewable energy sources wishing to be connected to the grid to issue a call for tender for the connection work.5. Member States shall put into place a legal framework or require transmission system operators and distribution system operators to set up and publish their standard rules relating to the sharing of costs of system installations, such as grid connections and reinforcements, between all producers benefiting from them.The sharing shall be enforced by a mechanism based on objective, transparent and non-discriminatory criteria taking into account the benefits which initially and subsequently connected producers as well as transmission system operators and distribution system operators derive from the connections.6. Member States shall ensure that the charging of transmission and distribution fees does not discriminate against electricity from renewable energy sources, including in particular electricity from renewable energy sources produced in peripheral regions, such as island regions and regions of low population density.Where appropriate, Member States shall put in place a legal framework or require transmission system operators and distribution system operators to ensure that fees charged for the transmission and distribution of electricity from plants using renewable energy sources reflect realisable cost benefits resulting from the plant's connection to the network. Such cost benefits could arise from the direct use of the low-voltage grid.7. Member States shall, in the report referred to in Article 6(2), also consider the measures to be taken to facilitate access to the grid system of electricity produced from renewable energy sources. That report shall examine, inter alia, the feasibility of introducing two-way metering.Article 8Summary reportOn the basis of the reports by Member States pursuant to Article 3(3) and Article 6(2), the Commission shall present to the European Parliament and the Council, no later than 31 December 2005 and thereafter every five years, a summary report on the implementation of this Directive.This report shall:- consider the progress made in reflecting the external costs of electricity produced from non-renewable energy sources and the impact of public support granted to electricity production,- take into account the possibility for Member States to meet the national indicative targets established in Article 3(2), the global indicative target referred to in Article 3(4) and the existence of discrimination between different energy sources.If appropriate, the Commission shall submit with the report further proposals to the European Parliament and the Council.Article 9TranspositionMember States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 27 October 2003. 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 the Member States.Article 10Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 11AddresseesThis Directive is addressed to the Member States.Done at Brussels, 27 September 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentC. Picqué(1) OJ C 311 E, 31.10.2000, p. 320 and OJ C 154 E, 29.5.2001, p. 89.(2) OJ C 367, 20.12.2000, p. 5.(3) OJ C 22, 24.1.2001, p. 27.(4) Opinion of the European Parliament of 16 November 2000 (OJ C 223, 8.8.2001, p. 294), Council Common Position of 23 March 2001 (OJ C 142, 15.5.2001, p. 5) and Decision of the European Parliament of 4 July 2001 (not yet published in the Official Journal). Council Decision of 7 September 2001.(5) OJ C 198, 24.6.1998, p. 1.(6) OJ C 210, 6.7.1998, p. 215.(7) OJ C 210, 6.7.1998, p. 143.(8) OJ C 378, 29.12.2000, p. 89.(9) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).(10) OJ C 37, 3.2.2001, p. 3.(11) OJ L 27, 30.1.1997, p. 20.ANNEXReference values for Member States' national indicative targets for the contribution of electricity produced from renewable energy sources to gross electricity consumption by 2010.(*) (*) In taking into account the reference values set out in this Annex, Member States make the necessary assumption that the State aid guidelines for environmental protection allow for the existence of national support schemes for the promotion of electricity produced from renewable energy sources.>TABLE>


Avis juridique important

|

31990L0427

Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae

Official Journal L 224 , 18/08/1990 P. 0055 - 0059 Finnish special edition: Chapter 3 Volume 33 P. 0172  Swedish special edition: Chapter 3 Volume 33 P. 0172

COUNCIL DIRECTIVE of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae (90/427/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas equidae, being live animals, are included in the list of products in Annex II to the Treaty;  Whereas in order to ensure the rational development of equidae production, thereby increasing productivity in that sector, rules governing the marketing of equidae in intra-Community trade must be laid down at Community level;  Whereas the breeding and rearing of equidae and in particular of horses is generally included in the farming sector; whereas it constitutes a source of income for part of the farming population and should therefore be encouraged;  Whereas satisfactory results in that respect depend largely on the use of equidae registered in stud books maintained by officially approved organizations or associations;  Whereas disparities exist as regards entry in studbooks; whereas those disparities constitute a barrier to trade within the Community; whereas complete liberalization of trade calls for further harmonization, particularly regarding entry in studbooks;  Whereas intra-Community trade in registered equidae should be progressively liberalized; whereas complete liberalization of trade requires further additional harmonization, in particular as regards approval for the purpose of off-farm mating and the use  of semen and ova in accordance with the characteristics of each studbook;   Whereas it is necessary to draw up, in accordance with a Community procedure, a harmonized model zootechnical origin and identification certificate;  Whereas the name of an animal is an essential factor in identifying equidae; whereas it is often impossible to trace an animal's descent and monitor its progress if its name is changed at a new owner's request; whereas the rules regarding the naming of  equidae should be harmonized, in particular in order to prevent unfair practices;  Whereas provisions should be introduced preventing equidae from third countries from being imported on terms which are less stringent than those applicable within the Community;  Whereas it is advisable to adopt implementing measures regarding certain technical aspects; whereas, for the purposes of the measures envisaged, provision should be made for close and effective cooperation between Member States and the Commission within  the Standing Committee on Zootechnics,  HAS ADOPTED THIS DIRECTIVE:   CHAPTER I General provisions Article 1 This Directive lays down the zootechnical and genealogical conditions governing intra-Community trade in equidae, their semen, ova and embryos.  Article 2 For the purposes of this Directive:  (a)  'equidae' means domestic animals of the equine or asinine species or crossbreeds thereof;  (b) 'registered equidae' means equidae which are entered or registered and eligible for entry in a studbook, in accordance with the rules laid down pursuant to Article 4 (2) (b) and identified by means of the identification document provided for in Article  8 (1);  (c) 'studbook' means any book, register, file or data medium:  - which is maintained either by an organization or an association officially approved or recognized by a Member State or by an official agency of the Member State concerned, and - in which equidae are entered or registered with mention of all their known ascendants.  Article 3 Intra-Community trade in equidae and their semen, ova and embryos may not be prohibited or restricted on zootechnical or genealogical grounds other than those resulting from application of this Directive.  However, in the case of intra-Community trade in registered equidae, their semen, ova and embryos, national provisions which comply with the general rules of the Treaty shall be maintained pending the entry into force of the relevant Community decisions  referred to in Articles 4 and 8.  CHAPTER II Genealogical rules relating to registered equidae Article 4 1.  The following principles shall be taken into account when the decisions referred to in paragraph 2 are adopted:  (a)  the recognition or approval of organizations and associations which maintain or establish studbooks shall be subject to compliance with the principles laid down by the organization or association which maintains the studbook of the origin of the  breed;  (b)  the criteria for entry and registration in studbooks shall be laid down on the basis of the characteristics of the breed and in particular for certain pure breeds of the need to regulate the entry and registration of equidae produced using  artificial reproduction methods.  2.  The Commission shall establish under the procedure laid down in Article 10 and in accordance with the principles set out in paragraph 1:  (a)  the criteria for the approval or recognition of organizations and associations which maintain or establish studbooks;  (b) the criteria for entry and registration in studbooks;  (c) if necessary, the criteria and methods used to identify registered equidae;  (d) the criteria for drawing up the certificate of origin and the identification document referred to in Article 8;  (e) if necessary, rules to ensure coordination between the organizations or associations referred to in Article 5.  Article 5 The list of organizations and associations maintaining or establishing studbooks, which are recognized on the basis of the criteria to be determined in accordance with Article 4 (2) (a) and subsequent updatings, shall be communicated to the  Commission and the other Member States within the Standing Committee on Zootechnics.  Article 6 1.  In intra-Community trade, equidae which are registered in the Member State of dispatch must, except where a derogation has been agreed by common accord between the two organizations or associations concerned, be registered or entered in  the appropriate studbook of the Member State of destination under the same name, with an indication, in accordance with international agreements, of the initial(s) of the country of foaling.  2.  Where the constitution of the organizations or associations so permits:  - the original name of the animal may be preceded or followed by another name on a provisional or permanent basis, provided that throughout the animal's life the original name is retained in brackets and that the country of birth is indicated by means  of the initial(s) recognized by international agreements,  - alternative measures may be taken to safeguard the continued identity of the animal in accordance with procedures to be determined by the Commission under the procedure laid down in Article 10.  CHAPTER III Zootechnical rules relating to registered equidae Article 7 The Commission, may, in so far as may be necessary to ensure uniform application of the provisions of this Directive and in compliance with the principles laid down in Article 4 (1), determine in accordance with the procedure laid down in  Article 10:  (a)  the methods of monitoring performance and assessing the genetic value of breeding animals;  (b)  on the basis of the methods referred to in (a), the general criteria for the approval of a male breeding animal or, if appropriate, of a female breeding animal for the purposes of breeding and using their semen, ova or embryos.  Article 8 Member States shall ensure that:  1.  in their movements, registered equidae are accompanied by an identification document drawn up by the Commission in accordance with the procedure laid down in Article 10 and issued by the organizations or associations referred to in Article 5 of this  Directive and Article 2 (c) of Directive 90/426/EEC of 26 June 1990, on animal health conditions governing the movement between Member States and import from third countries of equidae (4).  The identification document, to be drawn up in the Community languages, for registered horses must include at least the information indicated in the Annex; that information may be supplemented or amended in accordance with the procedure laid down in  Article 10;  2.  When they are marketed, the semen, ova and embryos of registered equidae are accompanied by a zootechnical certificate of origin and identification issued by the competent authority at least in the language of the country of destination and  conforming to a model to be drawn up by the Commission in accordance with the procedure laid down in Article 10.  Final provisions Article 9 Pending implementation of relevant Community rules, the conditions applicable to imports of equidae and their semen, ova and embryos from third countries must not be more favourable than those governing intra-Community trade.  Article 10 Where the procedure laid down in this Article is to be used, the Standing Committee on Zootechnics set up by Decision 77/505/EEC (5), shall act in accordance with the rules set out in Article 11 of Directive 88/661/EEC (6).  Article 11 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1991 at the latest. They shall forthwith inform the Commission thereof.  Article 12 This Directive is addressed to the Member States.   Done at Luxembourg, 26 June 1990.  For the Council The President M. O'KENNEDY   (1) OJ No C 327, 30. 12. 1989, p. 61. (2) OJ No C 149, 18. 6. 1990. (3) OJ No C 62, 12. 3. 1990, p. 46.(4) See page 42 of this Official Journal. (5) OJ No L 206, 12. 8. 1977, p. 11. (6) OJ No L 382, 31. 12. 1988, p. 16.   ANNEX     MINIMUM INFORMATION IN THE IDENTIFICATION DOCUMENT     (1) No d'identification:  Identification No:   (2) Nom:  Name:   (3) Sexe:  Sex:  (4) Robe:  Colour:   (5) Race:  Breed:   (6) par:  by:   (7) et:  and:   (6) par:  by:   (8) Date de Naissance:  (Date of foaling):  (11) Certificat d'origine validé le:  par:  Origin certificate validated on:  by:   (9) Lieu d'élevage:  (Place where bred):  (11)  - Nom de l'autorite compétente:  Name of the competent authority:  - Adresse:  Address:  - No de téléphone:  Telephone No:  - No de télécopie:  Telecopy No:  (10) Naisseur(s):  Breeder(s):  - Signature:  (nom en lettres capitales et qualité du signataire) Signature:  (Name in capital letters and capacity of signatory) - Cachet Stamp      (19) Signalement relevé sous la mère par:  Description taken with dam by:  (20) Circonscription:  District:  (19) Tête:  Head:  Ant. G:  Foreleg L:  Ant. D:  Foreleg R:  Post G:  Hindleg L:  Post D:  Hindleg R:  Corps:  Body:  Marques:  Markings:  Le:  On:    (21) Signature et cachet du vétérinaire agréé (ou de l'autorité compétente) Signature and stamp of qualified veterinary surgeon (or competent authority) (en lettres capitales) (in capital letters)


Avis juridique important

|

31997L0080

Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex

Official Journal L 014 , 20/01/1998 P. 0006 - 0008

COUNCIL DIRECTIVE 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sexTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Agreement on social policy annexed to the Protocol (No 14) on social policy annexed to the Treaty establishing the European Community, and in particular Article 2(2) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting, in accordance with the procedure laid down in Article 189c of the Treaty, in cooperation with the European Parliament (3),(1) Whereas, on the basis of the Protocol on social policy annexed to the Treaty, the Member States, with the exception of the United Kingdom of Great Britain and Northern Ireland (hereinafter called 'the Member States`), wishing to implement the 1989 Social Charter, have concluded an Agreement on social policy;(2) Whereas the Community Charter of the Fundamental Social Rights of Workers recognizes the importance of combating every form of discrimination, including discrimination on grounds of sex, colour, race, opinions and beliefs;(3) Whereas paragraph 16 of the Community Charter of the Fundamental Social Rights of Workers on equal treatment for men and women, provides, inter alia, that 'action should be intensified to ensure the implementation of the principle of equality for men and women as regards, in particular, access to employment, remuneration, working conditions, social protection, education, vocational training and career development`;(4) Whereas, in accordance with Article 3(2) of the Agreement on social policy, the Commission has consulted management and labour at Community level on the possible direction of Community action on the burden of proof in cases of discrimination based on sex;(5) Whereas the Commission, considering Community action advisable after such consultation, once again consulted management and labour on the content of the proposal contemplated in accordance with Article 3(3) of the same Agreement; whereas the latter have sent their opinions to the Commission;(6) Whereas, after the second round of consultation, neither management nor labour have informed the Commission of their wish to initiate the process - possibly leading to an agreement - provided for in Article 4 of the same Agreement;(7) Whereas, in accordance with Article 1 of the Agreement, the Community and the Member States have set themselves the objective, inter alia, of improving living and working conditions; whereas effective implementation of the principle of equal treatment for men and women would contribute to the achievement of that aim;(8) Whereas the principle of equal treatment was stated in Article 119 of the Treaty, in Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (4) and in Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions (5);(9) Whereas Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (6) also contributes to the effective implementation of the principle of equal treatment for men and women; whereas that Directive should not work to the detriment of the aforementioned Directives on equal treatment; whereas, therefore, female workers covered by that Directive should likewise benefit from the adaptation of the rules on the burden of proof;(10) Whereas Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (7), is also based on the principle of equal treatment for men and women;(11) Whereas the references to 'judicial process` and 'court` cover mechanisms by means of which disputes may be submitted for examination and decision to independent bodies which may hand down decisions that are binding on the parties to those disputes;(12) Whereas the expression 'out-of-court procedures` means in particular procedures such as conciliation and mediation;(13) Whereas the appreciation of the facts from which it may be presumed that there has been direct or indirect discrimination is a matter for national judicial or other competent bodies, in accordance with national law or practice;(14) Whereas it is for the Member States to introduce, at any appropriate stage of the proceedings, rules of evidence which are more favourable to plaintiffs;(15) Whereas it is necessary to take account of the specific features of certain Member States' legal systems, inter alia where an inference of discrimination is drawn if the respondent fails to produce evidence that satisfies the court or other competent authority that there has been no breach of the principle of equal treatment;(16) Whereas Member States need not apply the rules on the burden of proof to proceedings in which it is for the court or other competent body to investigate the facts of the case; whereas the procedures thus referred to are those in which the plaintiff is not required to prove the facts, which it is for the court or competent body to investigate;(17) Whereas plaintiffs could be deprived of any effective means of enforcing the principle of equal treatment before the national courts if the effect of introducing evidence of an apparent discrimination were not to impose upon the respondent the burden of proving that his practice is not in fact discriminatory;(18) Whereas the Court of Justice of the European Communities has therefore held that the rules on the burden of proof must be adapted when there is a prima facie case of discrimination and that, for the principle of equal treatment to be applied effectively, the burden of proof must shift back to the respondent when evidence of such discrimination is brought;(19) Whereas it is all the more difficult to prove discrimination when it is indirect; whereas it is therefore important to define indirect discrimination;(20) Whereas the aim of adequately adapting the rules on the burden of proof has not been achieved satisfactorily in all Member States and, in accordance with the principle of subsidiarity stated in Article 3b of the Treaty and with that of proportionality, that aim must be attained at Community level; whereas this Directive confines itself to the minimum action required and does not go beyond what is necessary for that purpose,HAS ADOPTED THIS DIRECTIVE:Article 1 Aim The aim of this Directive shall be to ensure that the measures taken by the Member States to implement the principle of equal treatment are made more effective, in order to enable all persons who consider themselves wronged because the principle of equal treatment has not been applied to them to have their rights asserted by judicial process after possible recourse to other competent bodies.Article 2 Definitions 1. For the purposes of this Directive, the principle of equal treatment shall mean that there shall be no discrimination whatsoever based on sex, either directly or indirectly.2. For purposes of the principle of equal treatment referred to in paragraph 1, indirect discrimination shall exist where an apparently neutral provision, criterion or practice disadvantages a substantially higher proportion of the members of one sex unless that provision, criterion or practice is appropriate and necessary and can be justified by objective factors unrelated to sex.Article 3 Scope 1. This Directive shall apply to:(a) the situations covered by Article 119 of the Treaty and by Directives 75/117/EEC, 76/207/EEC and, insofar as discrimination based on sex is concerned, 92/85/EEC and 96/34/EC;(b) any civil or administrative procedure concerning the public or private sector which provides for means of redress under national law pursuant to the measures referred to in (a) with the exception of out-of-court procedures of a voluntary nature or provided for in national law.2. This Directive shall not apply to criminal procedures, unless otherwise provided by the Member States.Article 4 Burden of proof 1. Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment.2. This Directive shall not prevent Member States from introducing rules of evidence which are more favourable to plaintiffs.3. Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case.Article 5 Information Member States shall ensure that measures taken pursuant to this Directive, together with the provisions already in force, are brought to the attention of all the persons concerned by all appropriate means.Article 6 Non-regression Implementation of this Directive shall under no circumstances be sufficient grounds for a reduction in the general level of protection of workers in the areas to which it applies, without prejudice to the Member States' right to respond to changes in the situation by introducing laws, regulations and administrative provisions which differ from those in force on the notification of this Directive, provided that the minimum requirements of this Directive are complied with.Article 7 Implementation The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive by 1 January 2001. They shall immediately inform the Commission thereof.When the Member States adopt those 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 references shall be laid down by the Member States.The Member States shall communicate to the Commission, within two years of the entry into force of this Directive, all the information necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.Article 8 This Directive is addressed to the Member States.Done at Brussels, 15 December 1997.For the CouncilThe PresidentJ.-C. JUNCKER(1) OJ C 332, 7. 11. 1996, p. 11 andOJ C 185, 18. 6. 1997, p. 21.(2) OJ C 133, 28. 4. 1997, p. 34.(3) Opinion of the European Parliament of 10 April 1997 (OJ C 132, 28. 4. 1997, p. 215), Common Position of the Council of 24 July 1997 (OJ C 307, 8. 10. 1997, p. 6) and Decision of the European Parliament of 6 November 1997 (OJ C 358, 24. 11. 1997).(4) OJ L 45, 19. 2. 1975, p. 19.(5) OJ L 39, 14. 2. 1976, p. 40.(6) OJ L 348, 28. 11. 1992, p. 1.(7) OJ L 145, 19. 6. 1996, p. 4.


Avis juridique important

|

31992L0108

Council Directive 92/108/EEC of 14 December 1992 amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and amending Directive 92/81/EEC

Official Journal L 390 , 31/12/1992 P. 0124 - 0126 Finnish special edition: Chapter 9 Volume 2 P. 0129  Swedish special edition: Chapter 9 Volume 2 P. 0129

COUNCIL DIRECTIVE 92/108/EEC  of 14 December 1992  amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and amending Directive 92/81/EECTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas it is necessary, in order to give full effect to the provisions of Directive 92/12/EEC (4) to stipulate the territories of the Member States which must be treated as third countries for fiscal purposes;  Whereas, when products subject to excise duty are dispatched between Member States via EFTA countries, specific conditions should be laid down concerning the declaration to the effect that those products are to be placed under the internal Community  transit procedure by means of the single administrative document;  Whereas it should be made clear that the intra-Community movement of products subject to zero-rate excise duty which have not been released for consumption is also to take place between tax warehouses;  Whereas a change in the place of delivery should be allowed by means of a modification to the accompanying administrative document;  Whereas, no later than 1 April 1993, the authorities of each Member State should have an electronic data base containing a register of authorized warehouse keepers and a register of tax warehouses;  Whereas, in order to simplify administration procedures, an accompanying document should not be used where computerized procedures are employed;  Whereas an accompanying document should be used when products are moved under suspension arrangements by sea or air directly from one Community port or airport to another;  Whereas provision should be made so that products subject to excise duty which are covered by suspension arrangements in 1992 should be under suspension of excise duties thereafter if the suspension arrangements have not been discharged;  Whereas, finally, in order to ensure the smooth operation of Community provisions on excise duties on 1 January 1993, Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of  the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, and in respect of value added tax (5) and Council Directive 92/81/EEC of 19 October 1992 on the harmonization of the structures  of excise duties on mineral oils (6) need to be amended,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 92/12/EEC is hereby amended as follows:  1. Article 5 (2) shall read as follows:  '2. Without prejudice to national and Community provisions regarding customs matters, when products subject to excise duty:  - are coming from, or going to, third countries or territories referred to in Article 2 (1), (2) and (3) or the Channel Islands and are either under a Community customs procedure other than release for free circulation or are placed in a free zone or a  free warehouse,  or  - are dispatched between Member States via EFTA countries under the internal Community transit procedure using the Single Administrative Document,  the excise duty on them shall be deemed to be suspended.  In cases covered by the second indent of the first subparagraph:  - box 33 of the single administrative document shall be completed with the appropriate CN code;  - it shall be clearly indicated in box 44 of the single administrative document that a dispatch of products subject to excise duty is involved;  - a copy of "copy 1" of the single administrative document shall be held by the consignor;  - a duly annotated copy of "copy 5" of the single administrative document shall be sent back to the consignor by the consignee.';  2. in Article 7 (2), the words 'intended for delivery' shall be replaced by the words 'or intended for delivery in another Member State';  3. Article 15 is amended as follows:  (a) the following subparagraph shall be added to paragraph 1:  'The provisions of the first subparagraph shall apply to the intra-Community movement of products subject to zero-rate excise duty which have not been released for consumption.';  (b) the following paragraph shall be added:  '5. An authorized warehousekeeper of dispatch or his agent may amend the administrative accompanying document to show an alternative place of delivery. The competent authority of dispatch must be notified immediately and the new place of delivery shall  immediately be indicated on the reverse of the administrative accompanying document.';  4. in Title III, the following Article shall be added:  'Article 15a  1. By 1 April 1993 at the latest, the competent authority of each Member State shall maintain an electronic data base which shall contain a register of persons who are authorized warehousekeepers or traders registered for excise purposes as well as a  register of those premises authorized as tax warehouses.  2. The register shall contain the following information:  (a) the identification number issued by the competent authorities in respect of the person or premises;  (b) the name and address of the person or premises;  (c) the category of goods which may be held or received by the person or on the premises;  (d) the address of the competent authorities which may be contacted for further information;  (e) the date of issue and, where appropriate, the date of cessation of validity of the identification number.  3. The data described in paragraphs 1 and 2 (a), (b), (c) and (d) shall be communicated to the competent authority of each Member State. In those cases where the data described in paragraph 2 (e) are not communicated automatically, they shall be  provided at the specific request of any Member State. All data shall be used solely to identify the authorization or registration or otherwise of a person and premises.  4. The competent authority of each Member State shall ensure that persons involved in the intra-Community movement of products subject to excise duty are allowed to obtain confirmation of the information held under the terms of this Article.  5. Any information communicated in whatever form pursuant to this Article shall be of a confidential nature. It shall be covered by the obligation of professional secrecy and shall enjoy the protection extended to similar information under the national  law of the Member State which received it.  6. By way of derogation from paragraph 5, the competent authority of the Member State providing the information shall permit its use for other purposes in the Member State of the applicant authority, if, under the legislation of the Member State of the  requested authority, the information could be used in the Member State of the requested authority for similar purposes.';  5. Article 18 (1) is amended as follows:  '1. Notwithstanding the possible use of computerized procedures, all products subject to excise duty moving under duty-suspension arrangements between Member States, including those moving by sea or air directly from one Community port or airport to  another, shall be accompanied by a document drawn up by the consignor. This document may be either an administrative document or a commercial document. The form and content of this document, and the procedure to be followed where its use is objectively  inappropriate, shall be established in accordance with the procedure laid down in Article 24.';  6. the following sentence shall be added as the final sentence of Article 20 (3):  'Member States shall take the necessary measures to deal with any offence or irregularity and to impose effective penalties.';  7. in Article 22 (2) (b), the phrase 'under cover of the document specified in Article 18 (1)' shall be replaced by the phrase 'in accordance with the provisions of Title III.';  8. the following Article shall be added in Title VII:  'Article 26a  Products subject to excise duty that are under a suspension arrangement other than as specified in Articles 5 (2) and 18 (1) before 1 January 1993 and which has not been discharged, shall be deemed, after that date, to be under suspension of excise  duty.  When the situation described in the first subparagraph involves the internal Community transit suspension arrangements, the provisions in force at the time when the products were placed under these arrangements shall continue to apply during the period  when these products are under these arrangements, which shall be determined in accordance with the said provisions.  When the said situation involves national suspension arrangements, Member States shall determine the conditions and the formalities under which the suspension arrangements are discharged after 1 January 1993.';  9. the following Article shall be added in Title VII:  'Article 30a  Directive 76/308/EEC is amended as follows:  1. The title shall be replaced by the following:  "Council Directive of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties,  and in respect of value added tax and certain excise duties."  2. in Article 2  (a) letter "(e)" shall be replaced by "(f)",  (b) the following point shall be inserted after point "(d)":  "(e) the following excise duties:  - excise duty on manufactured tobacco,  - excise duty on alcohol and alcoholic beverages,  - excise duty on mineral oils."'  Article 2  Directive 92/81/EEC is amended as follows:  1. In Article 2 (1):  - subparagraph (b) shall read as follows:  '(b) products falling within CN codes 2707 10, 2707 20, 2707 30, 2707 50, 2707 91 00, 2707 99 11 and 2707 99 19',  - subparagraph (g) shall be deleted.  2. Article 8 (8) shall be replaced by the following:  '8. Member States shall be free to give effect to exemptions or reductions in the rate of excise mentioned in this Article by refunding the excise duty paid.'  Article 3  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1992. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.  Article 4  This Directive is addressed to the Member States. Done at Brussels, 14 December 1992. For the Council  The President  N. LAMONT   (1) OJ No C 283, 31. 10. 1992, p. 8. (2) Opinion delivered on 20 November 1992 (not yet published in the Official Journal). (3) Opinion delivered on 24 November 1992 (not yet published in the Official Journal). (4) OJ No L 76, 23. 3. 1992, p.  1. (5) OJ No L 73, 19. 3. 1976, p. 18. Directive last amended by Directive 79/1071/EEC (OJ No L 331, 27. 12. 1979, p. 10). (6) OJ No L 316, 31. 10. 1992, p. 12.


Avis juridique important

|

31973L0023

Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of Member States relating to electrical equipment designed for use within certain voltage limits

Official Journal L 077 , 26/03/1973 P. 0029 - 0033 Finnish special edition: Chapter 13 Volume 2 P. 0167  Greek special edition: Chapter 13 Volume 2 P. 0058  Swedish special edition: Chapter 13 Volume 2 P. 0167  Spanish special edition: Chapter 13 Volume 2 P. 0182  Portuguese special edition Chapter 13 Volume 2 P. 0182

COUNCIL DIRECTIVE  of 19 February 1973  on the harmonization of the laws of Member States relating to electrical equipment designed for use within certain voltage limits  (73/23/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;  Having regard to the Opinion of the Economic and Social Committee;  Whereas the provisions in force in the Member States designed to ensure safety in the use of electrical equipment used within certain voltage limits may differ, thus impeding trade;  Whereas in certain Member States in respect of certain electrical equipment, the safety legislation takes the form of preventive and repressive measures by means of binding provisions;  Whereas in other Member States in order to achieve the same objective, the safety legislation provides for reference to technical standards laid down by Standards Bodies ; whereas such a system offers the advantage of rapid adjustment to technical progress without neglecting safety requirements;  Whereas certain Member States carry out administrative operations to approve standards ; whereas such approval neither affects the technical content of the standards in any way nor limits their conditions of use ; whereas such approval cannot therefore alter the effects, from a Community point of view, of harmonized and published standards;  Whereas within the Community the free movement of electrical equipment should follow when this equipment complies with certain safety requirements recognized in all Member States ; whereas without prejudice to any other form of proof, the proof of compliance with these requirements may be established by reference to harmonized standards which incorporate these conditions ; whereas these harmonized standards should be established by common agreement by bodies to be notified by each Member State to the other Member States and to the Commission and should be publicized as widely as possible ; whereas such harmonization should for the purposes of trade eliminate the inconveniences, resulting from differences between national standards;  Whereas, without prejudice to any other form of proof, the compliance of electrical equipment with the harmonized standards may be presumed from the affixing or issue of marks or certificates by the competent organizations or, in the absence thereof, from a manufacturer's declaration of compliance ; whereas in order to facilitate the removal of barriers to trade the Member States should recognize such marks or certificates or such declaration as elements of proof ; whereas, with this end in view, the said  marks or certificates should be publicized in particular by their publication in the Official Journal of the European Communities;  Whereas as a transitional measure, the free movement of electrical equipment for which harmonized standards do not yet exist may be achieved by applying the safety provisions or standards already laid down by other international bodies or by one of the bodies which establish harmonized standards;  Whereas it is possible that electrical equipment may be placed in free circulation even though it does not comply with the safety requirements, and whereas it is therefore desirable to lay down suitable provisions to minimize this danger;  HAS ADOPTED THIS DIRECTIVE:    Article 1 For the purposes of this Directive "electrical equipment" means any equipment designed for use with a voltage rating of between 50 and 1 000 v for alternating current and between 75 and 1 500 v for direct current, other than the equipment and phenomena listed in Annex II.   Article 2 1. The Member States shall take all appropriate measures to ensure that electrical equipment may be placed on the market only if, having been constructed in accordance with good engineering practice in safety matters in force in the Community, it does not endanger the safety of persons, domestic animals or property when properly installed and maintained and used in applications for which it was made.  2. The principal elements of the safety objectives referred to in paragraph 1 are listed in Annex I.   Article 3 The Member States shall take all appropriate measures to ensure that if electrical equipment is of such a nature as to comply with the provisions of Article 2, subject to the conditions laid down in Articles 5, 6, 7 and 8, the free movement thereof within the Community shall not be impeded for reasons of safety.   Article 4 In relation to electrical equipment the Member States shall ensure that stricter safety requirements than those laid down in Article 2 are not imposed by electricity supply bodies for connection to the grid, or for the supply of electricity to users of electrical equipment.   Article 5 The Member States shall take all appropriate measures to ensure that, in particular, electrical equipment which complies with the safety provisions of harmonized standards shall be regarded by their competent administrative authorities as complying with the provisions of Article 2, for the purposes of placing on the market and free movement as referred to in Articles 2 and 3 respectively.  Standards shall be regarded as harmonized once they are drawn up by common agreement between the bodies notified by the Member States in accordance with the procedure laid down in Article 11, and published under national procedures. The standards shall be kept up to date in the light of technological progress and the developments in good engineering practice in safety matters.  For purposes of information the list of harmonized standards and their references shall be published in the Official Journal of the European Communities.   Article 6 1. Where harmonized standards as defined in Article 5 have not yet been drawn up and published, the Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market or free movement as referred to in Articles 2 and 3 respectively, their competent administrative authorities shall also regard, as complying with the provisions of Article 2, electrical equipment which complies with the safety provisions of the International Commission on the Rules for the Approval of Electrical Equipment (CEE) or of the International Electrotechnical Commission (IEC) in respect of which the publication procedure laid down in paragraphs 2 and 3 has been applied.  2. The safety provisions referred to in paragraph 1 shall be notified to the Member States by the Commission as from the entry into force of this Directive, and thereafter as and when they are published. The Commission, after consulting the Member States, shall state the provisions and in particular the variants which it recommends to be published.  3. The Member States shall inform the Commission within a period of three months of such objections as they may have to the provisions thus notified,  stating the safety grounds on account of which the provisions should not be recognized.  For purposes of information those safety provisions against which no objection has been raised shall be published in the Official Journal of the European Communities.   Article 7 Where harmonized standards within the meaning of Article 5 or safety provisions published in accordance with Article 6 are not yet in existence, the Member States shall take all appropriate measures to ensure that, for the purpose of placing on the market or free movement as referred to in Articles 2 and 3 respectively, their competent administrative authorities shall also regard as complying with the provisions of Article 2, electrical equipment manufactured in accordance with the safety provisions of the standards in force in the Member State of manufacture, if it ensures a safety level equivalent to that required in their own territory.   Article 8 1. The Member States shall take all appropriate steps to ensure that their competent administrative authorities shall also allow the placing on the market or free movement, as referred to in Articles 2 and 3 respectively, of electrical equipment which, although not conforming with the harmonized standards referred to in Article 5 or the provisions of Articles 6 and 7, complies with the provisions of Article 2.  2. In the event of a challenge the manufacturer or importer may submit a report, drawn up by a body, which is notified in accordance with the procedure set out in Article 11, on the conformity of the electrical equipment with the provisions of Article 2.   Article 9 1. If, for safety reasons, a Member State prohibits the placing on the market of any electrical equipment or impedes its free movement, it shall immediately inform the other Member States concerned and the Commission, indicating the grounds for its decision and stating in particular:    - whether its non-conformity with Article 2 is attributable to a shortcoming in the harmonized standards referred to in Article 5, the provisions referred to in Article 6 or the standards referred to in Article 7;       - whether its non-conformity is attributable to faulty application of such standards or publications or to failure to comply with good engineering practice as referred to in Article 2.         2. If other Member States raise objections to the decision referred to in paragraph 1, the Commission shall immediately consult the Member States concerned.  3. If an agreement has not been reached within three months from the date of notification as laid down in paragraph 1, the Commission shall obtain the opinion of one the bodies notified in accordance with the procedure laid down in Article 11 having its registered office outside the territory of the Member States concerned and which has not been involved in the procedure provided for in Article 8. The opinion shall state the extent to which the provisions of Article 2 have not been complied with.  4. The Commission shall communicate the opinion of this body to all the Member States which may, within a period of one month, make their observations known to the Commission. The Commission shall at the same time note any observations by the parties concerned on the abovementioned opinion.  5. Having taken note of these observations the Commission shall, if necessary, formulate the appropriate recommendations or opinions.   Article 10 1. Without prejudice to other methods of proof, the Member States shall take all appropriate steps to ensure that their competent administrative authorities shall accept that there is a presumption of conformity with the provisions of Articles 5, 6 and 7 where a mark has been placed on the electrical equipment denoting conformity, or where a certificate of conformity is produced or, in the absence thereof, and in particular in the case of industrial equipment, the manufacturer's declaration of conformity.  2. The marks or certificates shall be established, separately or by common agreement, by the bodies notified in accordance with the procedure laid down in Article 11. Specimens of these marks or certificates shall be published by these bodies and, for information purposes in the Official Journal of the European Communities.   Article 11 Each Member State shall inform the other Member States and the Commission of the following:    - the bodies referred to in Article 5;       - the bodies which may establish the marks and certificates in accordance with the provisions of Article 10;       - the bodies which may make a report in accordance with the provisions of Article 8 or give an opinion in accordance with the provisions of Article 9;        - the place of publication referred to in Article 5 (2);         Any amendment to the above shall be notified by each Member State to the other Member States and to the Commission.   Article 12 This Directive shall not apply to electrical equipment intended for export to third countries.   Article 13 1. The Member States shall put into force the laws, regulations and administrative provisions necessary to comply with the requirements of this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.  However, in the case of Denmark, the time limit shall be extended to five years.  2. The Member States shall communicate to the Commission the texts of the main provisions of national laws which they adopt in the field covered by this Directive.   Article 14 This Directive is addressed to the Member States.     Done at Brussels, 19 February 1973.  For the Council  The President  A. LAVENS    ANNEX I PRINCIPAL ELEMENTS OF THE SAFETY OBJECTIVES FOR ELECTRICAL EQUIPMENT DESIGNED FOR USE WITHIN CERTAIN VOLTAGE LIMITS    1. General conditions      a) The essential characteristics, the recognition and observance of which will ensure that electrical equipment will be used safely and in applications for which it was made, shall be marked on the equipment, or, if this is not possible, on an accompanying notice.           b) The manufacturers or brand name or trade mark should be clearly printed on the electrical equipment or, where that is not possible, on the packaging.           c) The electrical equipment, together with its component parts should be made in such a way as to ensure that it can be safely and properly assembled and connected.           d) The electrical equipment should be so designed and manufactured as to ensure that protection against the hazards set out in points 2 and 3 of this Annex is assured providing that the equipment is used in applications for which it was made and is adequately maintained.                  2. Protection against hazards arising from the electrical equipment  Measures of a technical nature should be prescribed in accordance with point 1, in order to ensure:      a) that persons and domestic animals are adequately protected against danger of physical injury or other harm which might be caused by electrical contact direct or indirect;           b) that temperatures, arcs or radiation which would cause a danger, are not produced;           c) that persons, domestic animals and property are adequately protected against non-electrical dangers caused by the electrical equipment which are revealed by experience;           d) that the insulation must be suitable for foreseeable conditions.                   3. Protection against hazards which may be caused by external influences on the electrical equipment    Technical measures are to be laid down in accordance with point 1, in order to ensure:    a) that the electrical equipment meets the expected mechanical requirements in such a way that persons, domestic animals and property are not endangered;       b) that the electrical equipment shall be resistant to non-mechanical influences in expected environmental conditions, in such a way that persons, domestic animals and property are not endangered;       c) that the electrical equipment shall not endanger persons, domestic animals and property in foreseeable conditions of overload.              ANNEX II EQUIPMENT AND PHENOMENA OUTSIDE THE SCOPE OF THE DIRECTIVE  Electrical equipment for use in an explosive atomosphere  Electrical equipment for radiology and medical purposes  Electrical parts for goods and passenger lifts  Electricity meters  Plugs and socket outlets for domestic use  Electric fence controllers  Radio-electrical interference  Specialized electrical equipment, for use on ships, aircraft or railways, which complies with the safety provisions drawn up by international bodies in which the Member States participate.