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31976L0630

Council Directive 76/630/EEC of 20 July 1976 concerning surveys of pig production to be made by Member States

Official Journal L 223 , 16/08/1976 P. 0004 - 0006 Greek special edition: Chapter 03 Volume 16 P. 0088  Spanish special edition: Chapter 03 Volume 11 P. 0019  Portuguese special edition Chapter 03 Volume 11 P. 0019

+++++( 1 ) OJ NO C 159 , 12 . 7 . 1976 , P . 41 .  ( 2 ) OJ NO L 282 , 1 . 11 . 1975 , P . 1 .  ( 3 ) OJ NO L 45 , 21 . 2 . 1976 , P . 1 .  ( 4 ) OJ NO L 76 , 28 . 3 . 1968 , P . 13 .  ( 5 ) OJ NO L 326 , 27 . 11 . 1973 , P . 19 .  ( 6 ) OJ NO L 179 , 7 . 8 . 1972 , P . 1 .  ( 7 ) OJ NO L 76 , 28 . 3 . 1968 , P . 13 .  ( 8 ) OJ NO L 179 , 7 . 8 . 1972 , P . 5 .  COUNCIL DIRECTIVE OF 20 JULY 1976 CONCERNING SURVEYS OF PIG PRODUCTION TO BE MADE BY MEMBER STATES ( 76/630/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 ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  WHEREAS , IN ORDER TO CARRY OUT THE TASKS IMPOSED ON IT BY THE TREATY AND BY COUNCIL REGULATION ( EEC ) NO 2759/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT ( 2 ) , AS AMENDED BY REGULATION ( EEC ) NO 367/76 ( 3 ) , THE COMMISSION NEEDS TO BE PRECISELY INFORMED AS TO TRENDS IN PIG POPULATION AND IN PIGMEAT PRODUCTION IN THE MEMBER STATES , AND TO HAVE AT ITS DISPOSAL SHORT-TERM FORECASTS OF MARKET SUPPLIES OF PIGMEAT ;  WHEREAS SURVEYS OF THE PIG POPULATION SHOULD THEREFORE BE UNDERTAKEN IN ALL MEMBER STATES AT COMPARABLE POINTS IN TIME , COVERING THE SAME CATEGORIES AND CONDUCTED WITH COMPARABLE ACCURACY ; WHEREAS MONTHLY STATISTICS FOR SLAUGHTERINGS SHOULD BE SUPPLEMENTED AND FORECASTS OF PIGMEAT PRODUCTION SHOULD BE MADE REGULARLY AND IN RESPECT OF IDENTICAL PERIODS ;  WHEREAS THESE SURVEYS SHOULD IN PRINCIPLE BE RESTRICTED TO HOLDINGS WHICH NORMALLY ENGAGE IN THE BREEDING OR FATTENING OF PIGS ; WHEREAS IT IS NECESSARY , HOWEVER , IN ORDER THAT A COMPLETE PICTURE MAY BE OBTAINED , THAT A SPECIAL STUDY BE MADE TO COVER PIGS NOT COMING WITHIN THE FIELD OF SURVEY ;  WHEREAS EXPERIENCE GAINED IN IMPLEMENTING COUNCIL DIRECTIVE 68/161/EEC OF 27 MARCH 1968 CONCERNING SURVEYS OF PIG PRODUCTION TO BE MADE BY MEMBER STATES ( 4 ) , AS LAST AMENDED BY DIRECTIVE 73/359/EEC ( 5 ) , HAS SHOWN THAT IT IS EASIER TO COMPARE RESULTS IF THE RETURN DATE FOR SURVEYS OF PIG POPULATION IS SPECIFIED AS PRECISELY AS POSSIBLE ;  WHEREAS , SINCE THERE ARE TO BE NO FURTHER COMPLETE JOINT CENSUSES , APPROPRIATE MEASURES MUST BE TAKEN TO IMPROVE SAMPLING CRITERIA TO AVOID DETERIORATION IN THE RESULTS OF SAMPLE SURVEYS ;  WHEREAS , SINCE THE STRUCTURE OF THE PIG-FARMING INDUSTRY CHANGES VERY QUICKLY , IT IS NECESSARY THAT A BREAKDOWN OF RESULTS OF THE SURVEYS BY CATEGORIES OF ANIMAL BE MADE AT LEAST EVERY TWO YEARS ;  WHEREAS , IN ORDER THAT IT MAY BE ASCERTAINED WHETHER THE SURVEY METHODS USED HAVE BEEN GIVING A CLEAR PICTURE OF CONTINUING DEVELOPMENTS IN THE PIG-FARMING INDUSTRY , A PROGRESS REPORT SHOULD BE SUBMITTED FROM TIME TO TIME ;  WHEREAS , IN ORDER TO ENSURE THAT EFFORTS ARE COORDINATED AS EFFICIENTLY AS POSSIBLE , ALL PROBLEMS ARISING IN CONNECTION WITH THE IMPLEMENTATION OF THIS DIRECTIVE , WITH THE CONDUCT AND ANALYSIS OF THE SURVEYS , MUST BE THE SUBJECT OF CONSULTATION AND PERMANENT COOPERATION BETWEEN THE COMMISSION AND THE MEMBER STATES ;  WHEREAS , IN THE LIGHT OF EXPERIENCE GAINED IN PREVIOUS SURVEYS OF PIG PRODUCTION , IT IS NECESSARY TO INTRODUCE SOME MEASURE OF FLEXIBILITY INTO THE STATISTICAL CLASSIFICATION OF THE TECHNICAL FEATURES TO BE SURVEYED ;  WHEREAS , IN ORDER TO FACILITATE THE APPLICATION OF THE PROPOSED MEASURES , PROVISION SHOULD BE MADE FOR A PROCEDURE ESTABLISHING CLOSE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION WITHIN THE STANDING COMMITTEE FOR AGRICULTURAL STATISTICS , ESTABLISHED BY DECISION 72/279/EEC ( 6 ) ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  MEMBER STATES SHALL EVERY FOUR MONTHS CARRY OUT SURVEYS , ONE OF WHICH SHALL BE AT THE BEGINNING OF DECEMBER , OF PIG POPULATION IN THEIR COUNTRIES COMING WITHIN THE FIELD OF SURVEY DEFINED IN ARTICLE 3 ( 1 ) .  ARTICLE 2  FOR THE PURPOSES OF THIS DIRECTIVE " PIGS " MEANS SWINE OF DOMESTIC SPECIES FALLING WITHIN SUBHEADING 01.03 A OF THE COMMON CUSTOMS TARIFF .  ARTICLE 3  1 . THE SURVEYS PROVIDED FOR IN ARTICLE 1 SHALL COVER ALL PIGS ON HOLDINGS OF AN AGRICULTURAL OR " INDUSTRIAL " TYPE . FOR THE PURPOSES OF THIS DIRECTIVE , HOLDINGS OF AN AGRICULTURAL OR " INDUSTRIAL " TYPE ARE THE FOLLOWING :  - HOLDINGS WITH A UTILIZED AGRICULTURAL AREA OF NOT LESS THAN ONE HECTARE ,  - HOLDINGS WITH NOT LESS THAN ONE BREEDING PIG ,  - HOLDINGS WITH NOT LESS THAN THREE PIGS OTHER THAN BREEDING PIGS .  2 . HOWEVER , SUCH SURVEYS MAY ALSO COVER PIGS OUTSIDE THE FIELD OF SURVEY DEFINED IN PARAGRAPH 1 .  ARTICLE 4  1 . THE PURPOSE OF THE SURVEYS PROVIDED FOR IN ARTICLE 1 SHALL BE TO ASCERTAIN THE PIG POPULATION , BROKEN DOWN BY CATEGORY TO BE DEFINED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 11 .  2 . FOR DECEMBER , APRIL AND AUGUST , SURVEYS AS PROVIDED FOR IN ARTICLE 1 SHALL RELATE TO THE NUMBER OF PIGS PRESENT ON ONE OF THE FIRST THREE DAYS OF THE MONTH IN QUESTION .  HOWEVER , IN THE CASE OF THE APRIL AND AUGUST SURVEYS , THE RETURN DATE MAY BE THAT ON WHICH THE SURVEY IS CARRIED OUT , PROVIDED THAT THE SURVEYS ARE CARRIED OUT WITHIN THE FIRST SIX DAYS OF THESE MONTHS .  3 . MEMBER STATES SHALL COMMUNICATE THE RESULTS OF THESE SURVEYS TO THE COMMISSION NOT LATER THAN 10 WEEKS FROM THE RETURN DATE .  AFTER TWO YEARS THIS TIME LIMIT MAY BE REDUCED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 11 .  4 . MEMBER STATES WHICH , IN PURSUANCE OF ARTICLE 3 ( 2 ) DO NOT RESTRICT THEIR SURVEYS TO HOLDINGS OF AN AGRICULTURAL OR " INDUSTRIAL " TYPE AS DEFINED IN ARTICLE 3 ( 1 ) , SHALL SUPPLY DATA RELATING TO SUCH HOLDINGS IN THE FORM OF AN ESTIMATE .  5 . THE RESULTS OF THE DECEMBER SURVEY SHALL BE SUPPLIED IN RESPECT OF EACH DIVISION TO BE DEFINED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 11 .  ARTICLE 5  1 . WHERE THERE IS NO PROVISION UNDER NATIONAL LAW FOR A COMPLETE CENSUS , SURVEYS SHALL BE CARRIED OUT BY RANDOM SAMPLING .  2 . SAMPLING ERRORS IN THE RESULTS OF THE SURVEYS OF PIG POPULATION SHALL IN NO MEMBER STATE EXCEED 3 % .  3 . MEMBER STATES SHALL , IF NECESSARY , TAKE APPROPRIATE MEASURES TO ESTIMATE ERRORS OF OBSERVATION .  4 . IN ORDER TO IMPROVE SAMPLING CRITERIA , MEMBER STATES SHALL , AS FAR AS POSSIBLE , TAKE SUCH MEASURES AS THEY CONSIDER APPROPRIATE TO MAINTAIN THE QUALITY OF THE RESULTS OF SURVEYS .  ARTICLE 6  1 . MEMBER STATES SHALL AT LEAST EVERY TWO YEARS , STARTING IN 1977 , MAKE A BREAKDOWN OF THE RESULTS OF THEIR DECEMBER SURVEYS BY WEIGHT CATEGORIES TO BE DEFINED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 11 .  2 . HOWEVER , A MEMBER STATE WHICH OBTAINS RESULTS BROKEN DOWN BY WEIGHT CATEGORY FROM SOME OTHER NATIONAL SURVEY CARRIED OUT DURING THE YEAR OF RETURN MAY USE SUCH RESULTS .  ARTICLE 7  1 . MEMBER STATES SHALL COMPILE MONTHLY STATISTICS FOR PIG SLAUGHTERINGS .  WHERE NECESSARY THEY SHALL SUPPLY ADDITIONAL DATA , BROKEN DOWN BY MONTH , RELATING IN PARTICULAR TO ANY SLAUGHTERINGS NOT COVERED BY THE MONTHLY STATISTICS REFERRED TO IN THE PREVIOUS SUBPARAGRAPH , THEREBY MAKING IT POSSIBLE TO COMPARE SUCH STATISTICS AND TO SUPPLEMENT THEM IN SUCH A WAY AS TO COVER ALL SLAUGHTERINGS .  2 . THE STATISTICS REFERRED TO IN PARAGRAPH 1 SHALL COVER THE NUMBER OF SLAUGHTERINGS AND THE AVERAGE WEIGHT OF THE PIGS SLAUGHTERED .  MEMBER STATES SHALL INDICATE IN WHICH CUTS PIGS WERE WEIGHED .  3 . MEMBER STATES SHALL FORWARD TO THE COMMISSION THE RESULTS OF THE STATISTICS REFERRED TO IN THIS ARTICLE WITHIN THE TIME LIMITS TO BE LAID DOWN IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 11 .  ARTICLE 8  1 . MEMBER STATES SHALL PROVIDE FORECASTS OF THE NUMBER OF PIG SLAUGHTERINGS BROKEN DOWN BY TWO-MONTHLY PERIODS , FOR THE PERIODS 1 DECEMBER TO 30 SEPTEMBER , 1 APRIL TO 31 JANUARY AND 1 AUGUST TO 31 MAY . THE PERIODS MAY BE ALTERED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 11 .  2 . THE RESULTS OF THE FORECASTS REFERRED TO IN PARAGRAPH 1 SHALL BE FORWARDED TO THE COMMISSION WITHIN THE TIME LIMITS TO BE LAID DOWN IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 11 .  ARTICLE 9  THE COMMISSION SHALL , IN CONSULTATION AND PERMANENT COOPERATION WITH THE MEMBER STATES , EXAMINE :  ( A ) THE RESULTS SUBMITTED ;  ( B ) THE TECHNICAL PROBLEMS RAISED BY , IN PARTICULAR , THE PREPARATION AND CONDUCT OF THE SURVEYS AND FORECASTS ;  ( C ) THE INTERPRETATION TO BE PLACED ON THE RESULTS OF THE SURVEYS AND FORECASTS .  ARTICLE 10  EVERY THREE YEARS , STARTING IN 1978 , THE COMMISSION SHALL SUBMIT TO THE EUROPEAN PARLIAMENT AND THE COUNCIL , A REPORT ON THE EXPERIENCE GAINED IN SURVEYING AND FORECASTING PIG PRODUCTION .  ARTICLE 11  1 . WHERE THE PROCEDURE LAID DOWN IN THIS ARTICLE IS TO BE FOLLOWED , THE MATTER SHALL BE REFERRED BY ITS CHAIRMAN TO THE STANDING COMMITTEE FOR AGRICULTURAL STATISTICS SET UP BY DECISION 72/279/EEC ( HEREINAFTER CALLED " THE COMMITTEE " ) , EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF A REPRESENTATIVE OF A MEMBER STATE .  2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE MEASURES TO BE TAKEN . THE COMMITTEE SHALL GIVE ITS OPINION WITHIN A TIME LIMIT TO BE SET BY THE CHAIRMAN IN ACCORDANCE WITH THE URGENCY OF THE MATTER . OPINIONS SHALL BE ADOPTED BY A MAJORITY OF 41 VOTES , THE VOTES OF MEMBER STATES BEING WEIGHTED AS LAID DOWN IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .  3 . ( A ) THE COMMISSION SHALL ADOPT THE PROPOSED MEASURES WHEN THEY ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE .  ( B ) WHEN THE PROPOSED MEASURES ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR WHERE NO OPINION IS DELIVERED , THE COMMISSION SHALL FORTHWITH 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 12  DIRECTIVES 68/161/EEC ( 7 ) , 72/281/EEC ( 8 ) AND 73/359/EEC ARE HEREBY REPEALED WITH EFFECT FROM 1 DECEMBER 1976 .  ARTICLE 13  THE MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE BY 1 DECEMBER 1976 AT THE LATEST .  ARTICLE 14  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 20 JULY 1976 .  FOR THE COUNCIL  THE PRESIDENT  A . P . L . M . M . VAN DER STEE


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31992L0083

Council Directive 92/83/EEC of 19 October 1992 on the harmonization of the structures of excise duties on alcohol and alcoholic beverages

Official Journal L 316 , 31/10/1992 P. 0021 - 0027 Finnish special edition: Chapter 9 Volume 2 P. 0100  Swedish special edition: Chapter 9 Volume 2 P. 0100

COUNCIL DIRECTIVE 92/83/EEC  of 19 October 1992  on the harmonization of the structures of excise duties on alcohol and alcoholic beveragesTHE 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 Directive 92/12/EEC lays down provisions on the general arrangements for products subjects subject to excise duty (4);  Whereas Directive 92/84/EEC (5) lays down minimum rates of excise duty to be applied in the Member States to alcohol and alcoholic beverages;  Whereas it is important to the proper functioning of the internal market to determine common definitions for all the products concerned;  Whereas it is useful to base such definitions on those set out in the combined nomenclature in force at the date of the adoption of this Directive;  Whereas, in the case of beer, it is possible to permit alternative methods of calculating the duty on the finished product;  Whereas, in the case of beer, it is possible within certain limits to permit Member States to apply the duty to gravity bands of more than one degree Plato, provided always that no beer is charged at less than the Community minimum rate;  Whereas, in the case of beer produced in small independent breweries and ethyl alcohol produced in small distilleries, common solutions are required permitting Member States to apply reduced rates of duty to those products;  Whereas it is possible to permit variations in the strength at which Member States commence to subject beer to duty, provided that no unacceptable problems are caused in the internal market;  Whereas in the case of beer, wine and other fermented berages it is advisable to permit Member States to exempt from duty home-made products which are not produced for commercial purposes;  Whereas, in principle, Member States should apply a single rate per hectolitre of finished product to all still wine and other still fermented beverages, and a single rate of duty per hectolitre of finished product to all sparkling wine and sparkling  fermented beverages;  Whereas it is advisable to permit Member States to apply reduced rates of duty to all kinds of wine and other fermented beverages provided always that the actual alcoholic strength of the products does not exceed 8,5 % vol.;  Whereas Member States applying a higher rate of duty to certain wines on 1 January 1992 should be permitted to continue to do so;  Whereas in principle, Member States should apply a single rate of duty per hectolitre of finished product to all intermediate products;  Whereas it is advisable to permit Member States to apply a reduced rate of the intermediate products duty, on the one hand to products of strengths not exceeding 15 % vol., and on the other hand to natural sweet wines;  Whereas, in principle, Member States should apply the same rate of duty per hectolitre of pure alcohol to all ethyl alcohol as defined in this Directive;  Whereas it is possible to permit Member States to apply reduced rates or exemptions for certain products of a regional and traditional nature;  Whereas, in the cases where Member States are permitted to apply reduced rates, such reduced rates should not cause distortion of competition within the internal market;  Whereas Member States should be permitted to refund the excise duty on alcoholic drinks which have become unfit for consumption;  Whereas it is necessary to lay down at Community level the exemptions which apply to goods which are transported between Member States;  Whereas, however, it is possible to permit Member States an option to apply exemptions tied to end-uses within their territory;  Whereas it is necessary to provide for a system of notification of the denaturing requirements of each Member State for completely denatured alcohol, and for their acceptance by other Member States;  Whereas Member States should not be deprived of the means of combating any evaision, avoidance or abuse which may arise in the field of exemptions;  Whereas Member States should be permitted to give effect to the exemptions required by this Directive by way of refund;  Whereas, since certain Member States apply a higher rate of duty to 'other sparkling fermented beverages' than to intermediate products, they should be permitted to apply this higher rate to intermediate products having the characteristics of these  'other sparkling fermented beverages',  HAS ADOPTED THIS DIRECTIVE:  SECTION I  BEER  Scope   Article 1  1. Member States shall apply an excise duty to beer in accordance with this Directive.  2. Member States shall fix their rates in accordance with Directive 92/84/EEC.  Article 2  For the purposes of this Directive, the term 'beer' covers any product falling within CN code 2203 or any product containing a mixture of beer with non-alcoholic drinks falling within CN code 2206, in either case with an actual alcoholic  strength by volume exceeding 0,5 % vol.  Establishment of the duty   Article 3  1. The excise duty levied by Member States on beer shall be fixed by reference either:  - to the number of hectolitre/degrees Plato,  or  - to the number of hectolitre/degrees of actual alcoholic strength by volume  of finished product.  2. In assessing the charge to duty on beer in accordance with the requirements of Directive 92/84/EEC, Member States may ignore fractions of a degree Plato or degree of actual alcoholic strength by volume.  In addition, Member States which levy the duty by reference to the number of hectolitre/degrees Plato may divide beer into categories consisting of no more than four degrees Plato per category and charge the same rate of duty per hectolitre on all beers  falling within each category. Such rates shall invariably equal or exceed the minimum rate laid down in Article 6 of Directive 92/84/EEC, hereinafter referred to as the minimum rate.  Article 4  1. Member States may apply reduced rates of duty, which may be differentiated in accordance with the annual production of the breweries concerned, to beer brewed by independent small breweries within the following limits:  - the reduced rates shall not be applied to undertakings producing more than 200 000 hl of beer per year,  - the reduced rates, which may fall below the minimum rate, shall not be set more than 50 % below the standard national rate of excise duty.  2. For the purposes of the reduced rates the term 'independent small brewery' shall mean a brewery which is legally and economically independent of any other brewery, which uses premises situated physically apart from those of any other brewery and does  not operate under licence. However, where two or more small breweries cooperate, and their combined annual production does not exceed 200 000 hl, those breweries may be treated as a single independent small brewery.  3. Member States shall ensure that any reduced rates they may introduce apply equally to beer delivered into their territory from independent small breweries situated in other Member States. In particular they shall ensure that no individual delivery  from another Member States ever bears more duty than its exact national equivalent.  Article 5  1. Member States may apply reduced rates, which may fall below the minimum rate, for beer with an actual alcoholic strength by volume not exceeding 2,8 % vol.  2. Member States may confine the application of this Article to products containing a mixture of beer with non-alcoholic drinks falling within CN code 2206.  Article 6  Subject to such conditions as they shall lay down to ensure the straigthforward application of the exemption, Member States may exempt from excise duty beer produced by a private individual and consumed by the producer, members of his family  or his guests, provided that no sale is involved.  SECTION II  WINE  Scope   Article 7  1. Member States shall apply an excise duty to wine in accordance with this Directive.  2. Member States shall fix their rates in accordance with Directive 92/84/EEC.  Article 8  For the purposes of this Directive:  1. The term 'still wine' covers all products falling within CN codes 2204 and 2205, except sparkling wine as defined in paragraph 2 of this Article:  - having an actual alcoholic strength by volume exceeding 1,2 % vol. but not exceeding 15 % vol., provided that the alcohol contained in the finished product is entirely of fermented origin,  - having an actual alcoholic strength by volume exceeding 15 % vol. and not exceeding 18 % vol. provided they have been produced without any enrichment and that the alcohol contained in the finished product is entirely of fermented origin;  2. The term 'sparkling wine' covers all products falling within CN codes 2204 10, 2204 21 10, 2204 29 10 and 2205:  - are contained in bottles with 'mushroom stoppers' held in place by ties or fastenings, or they have an excess pressure due to carbon dioxide in solution of three bar or more,  - have an actual alcoholic strength by volume exceeding 1,2 % vol. but not exceeding 15 % vol., provided that the alcohol contained in the finished product is entirely of fermented origin.  Establishment of the duty   Article 9  1. The excise duty levied by Member States on wine shall be fixed by reference to the number of hectolitres of finished product.  2. Except as provided in paragraphs 3 and 4, Member States shall levy the same rate of excise duty on all products chargeable with the duty on still wine. Similarly, they shall levy the same rate of excise duty on products chargeable with the duty on  sparkling wine. they may apply the same rate of duty to both still and sparkling wine.  3. Member States may apply reduced rates of excise duty to any type of still wine and sparkling wine of an actual alcoholic strength by volume not exceeding 8,5 % vol.  4. Member States which on 1 January 1992 applied a higher rate of duty to still wines as defined in Article (8) (1), second indent, may continue to apply this rate. This higher rate must not be more than the standard national rate applied to  intermediate products.  Article 10  Subject to such conditions as they shall lay down to ensure the straigthforward application of this Article, Member States may exempt from excise duty wine produced by a private individual and consumed by the producer, members of his family  or his guests, provided no sale is involved.  SECTION III  FERMENTED BEVERAGES OTHER THAN WINE AND BEER  Scope   Article 11  1. Member States shall appaly an excise duty to fermented beverages other than beer and wine (other fermented beverages) in accordance with this Directive.  2. Member States shall fix their rates in accordance with Directive 92/84/EEC.  Article 12  For the purposes of this Directive and without prejudice to the provisions of Article 17:  1. The term 'other still fermented beverages' covers all products falling within CN codes 2204 and 2205 but not mentioned in Article 8 above, and products falling within CN code 2206, except other sparkling fermented beverages as defined in point 2 of  this Article and any product covered by Article 2:  - having an actual alcoholic strength by volume exceeding 1,2 % vol. but not exceeding 10 % vol.,  - having an actual alcoholic strength by volume exceeding 10 % but not exceeding 15 % vol., provided that the alcohol contained in the product is entirely of fermented origin.   2. The term 'other sparkling fermented beverages' covers all products falling within CN code 2206 00 91 as well as products falling within CN codes 2204 10, 2204 21 10, 2204 29 10 and 2205 not mentioned in Article 8 above which:  - are contained in bottles with 'mushroom stoppers' held in place by ties or fastenings, or they have an excess pressure due to carbon dioxide in solution of three bar or more,  - have an actual alcoholic strength by volume exceeding 1,2 % vol., but not exceeding 13 % vol.,  - have an actual alcoholic strength by volume exceeding 13 %, but not exceeding 15 % vol., provided that the alcohol contained in the product is entirely of fermented origin.  Establishment of the duty   Article 13  1. The exercise duty levied by Member States on other fermented beverages shall be fixed by reference to the number of hectolitres of finished product.  2. Except as provided in paragraph 3, Member States shall levy the same rate of excise duty on all products chargeable with the duty on other still fermented beverages. Similarly they shall levy the same rate of excise duty on all products chargeable  with the duty on other sparkling fermented beverages. They may apply the same rate of excise duty to both other still fermented beverages and other sparkling fermented beverages.  3. Member States may apply reduced rates of excise duty to any type of other still and sparkling fermented beverages of an actual alcoholic strength by volume not exceeding 8,5 % vol.  Article 14  Subjet to such conditions as they shall lay down to ensure the straightforward application of this Article, Member States may exempt from excise duty other still and sparkling fermented beverages produced by a private individual and consumed  by the producer, members of his family or his guests, provided no sale is involved.  Article 15  For the application of Directive 92/84/EEC and Directive 92/12/EEC, references to 'wine' shall be deemed to apply equally to other fermented beverages as defined in this section.  SECTION IV  INTERMEDIATE PRODUCTS  Scope   Article 16  1. Member States shall apply an excise duty to intermediate products in accordance with this Directive.  2. Member States shall fix their rates in accordance with Directive 92/84/EEC. Such rates shall never fall below the rates which Member States apply to the products of Articles 8 (1) and 12 (1) of the present Directive.  Article 17  1. For the purposes of this Directive the term 'intermediate products' covers all products of an actual alcoholic strength by volume exceeding 1,2 % vol, but not exceeding 22 % vol and falling within CN codes 2204, 2205 and 2206 but not  covered by Articles 2, 8 and 12.  2. Notwithstanding the provisions of Article 12, Member States may treat as an intermediate product any still fermented beverage falling within the scope of Article 12 (1) which has an actual alcoholic strength exceeding 5,5 % vol. and which is not  entirely of fermented origin, and any sparkling fermented beverage falling within the scope of Article 12 (2) which has an actual alcoholic strength exceeding 8,5 vol. and which is not entirely of fermented origin.  Establishment of the duty   Article 18  1. The excise duty levied by Member States on intermediate products shall be fixed by reference to the number of hectolitres of finished product.  2. Except as provided in paragraphs 3, 4 and 5, Member States shall charge the same rate of duty on all products chargeable with the duty on intermediate products.  3. A Member State may apply a single reduced rate of duty to intermediate products with an actual alcoholic strength by volume not exceeding 15 % vol. subject to the following conditions:  - the reduced rate shall not be set more than 40 % below the standard national rate of excise duty,  - the reduced rate may not be less than the standard national rate applied to products covered by Articles 8 (1) and 12 (1) of this Directive.  4. Member States may apply a single reduced rate of duty to intermediate products which are defined in Article 13 (1) and (2) of Regulation (EEC) No 4252/88.  The reduced rate  - may fall below the minimum rate but shall not be set more than 50 % below the standard national rate of excise duty,  or  - shall not be set below the minimum rate applied to intermediate products.  5. For intermediate products which are contained in bottles with 'mushroom stoppers' held in place by ties or fastenings, or have an excess pressure due to carbon dioxide in solution of three bars or more, Member States may apply the same rate as  provided for products falling within the scope of Article 12 (2), provided that this rate is higher than the national rate for intermediate products.  SECTION V  ETHYL ALCOHOL  Scope   Article 19  1. Member States shall apply an excise duty to ethyl alcohol in accordance with this Directive.  2. Member States shall fix their rates in accordance with Directive 92/84/EEC.  Article 20  For the purposes of this Directive the term 'ethyl alcohol' covers:  - all products with an actual alcoholic strength by volume exceeding 1,2 % volume which fall within CN codes 2207 and 2208, even when those products form part of a product which falls within another chapter of the CN,  - products of CN codes 2204, 2205 and 2206 which have an actual alcoholic strength by volume exceeding 22 % vol.,  - potable spirits containing products, whether in solution or not.  Establishment of the duty   Article 21  The excise duty on ethyl alcohol shall be fixed per hectolitre of pure alcohol at 20°C, and shall be calculated by reference to the number of hectolitres of pure alcohol. Subject to the provisions of Article 22, Member States shall charge  the same rate of duty on all products chargeable with the duty on ethyl alcohol.  Article 22  1. Member States may apply reduced rates of excise duty to ethyl alcohol produced by small distilleries within the following limits:  - the reduced rates, which may fall below the minimum rate, shall not be applied to undertakings producing more than 10 hectolitres of pure alcohol per year. However, Member States which applied reduced rates on 1 January 1992 to undertakings producing  between 10 hectolitres and 20 hectolitres of pure alcohol per year may continue to do so,  - the reduced rates shall not be set more than 50 % below the standard national rate of excise duty.  2. For the purposes of the reduced rates, the term 'small distillery' shall mean a distillery which is legally and economically independent of any other distillery and which does not operate under licence.  3. Member States shall ensure that any reduced rate they may introduce applies equally to ethyl alcohol delivered into their territory from independent small producers situated in other Member States.  4. Member States may lay down provisions whereby the alcohol produced by small producers shall be released for free circulation as soon as it is obtained (provided the producers have not themselves carried out any intra-Community transactions) without  being subjected to the tax warehousing arrangements, and be taxed definitively on a flat-rate basis.  5. Member States may apply reduced rates of duty to products falling within CN code 2208 which have an actual alcohol strength by volume not exceeding 10 % vol.  Article 23  The following Member States may apply a reduced rate, which may fall below the minimum rate but not be set more than 50 % below the standard national rate of duty on ethyl alcohol, to the following products:  1. the French Republic, in respect of rum as defined in Article 1 (4) (a) of Regulation (EEC) No 1576/89 and produced from sugar cane harvested in the place of manufacture as set out at Article 1 (3) (1) of that Regulation, having a content of volatile  substances other than ethyl and methyl alcohol equal to or exceeding 225 grams per hectolitre of pure alcohol, and an actual alcoholic strength by volume equal to or exceeding 40 % vol.;  2. the Hellenic Republic, in respect of those aniseed flavoured spirit drinks defined in Regulation (EEC) No 1576/89 which are colourless and have a sugar content of 50 grams or less per litre, and in which at least 20 % of the alcoholic strength of the  final product is composed of alcohol flavoured by distillation in traditional discontinuous copper stills with a capacity of 1 000 litres or less.  SECTION VI  MISCELLANEOUS   Article 24  1. Member States need not require that products covered by this Directive shall be manufactured in a tax warehouse from constituent alcoholic products which are held in suspension of the relevant excise duties, provided that the duty on the  constituents has already been paid in advance and that the total tax payable on the constituent alcoholic products is not less than the tax payable on the product which results from their mixture.  2. The Kingdom of Spain need not consider as the manufacture of intermediate products the preparation of wines produced in the regions of Moriles-Montilla, Tarragona, Priorato and Terra Alta, to which alcohol has been added in such a way that their  alcoholic strength does not increase by more than 1 % vol.  Article 25  Member States may refund the excise duty on alcoholic drinks withdrawn from the market because their condition or age renders them unfit for human consumption.  Article 26  References in this Directive to CN codes shall be to those of the version of the combined nomenclature in force when this Directive is adopted.  SECTION VII  EXEMPTIONS   Article 27  1. Member States shall exempt the products covered by this Directive from the harmonized excise duty under conditions which they shall lay down for the purpose of ensuring the correct and straightforward application of such exemptions and of  preventing any evasion, avoidance or abuse:  (a) when distributed in the form of alcohol which has been completely denatured in accordance with the requirements of any Member State, such requirements having been duly notified and accepted in accordance with paragraphs 3 and 4 of this Article. This  exemption shall be conditional on the application of the provisions of Directive 92/12/EEC to commercial movements of completely denatured alcohol;  (b) when both denatured in accordance with the requirements of any Member State and used for the manufacture of any product not for human consumption;  (c) when used for the production of vinegar falling within CN code 2209;  (d) when used for the production of medicines defined by Directive 65/65/EEC;  (e) when used for the production of flavours for the preparation of foodstuffs and non-alcoholic beverages with an alcohol strength not exceeding 1,2 % vol.;  (f) when used directly or as a constituent of semi-finished products for the production of foodstuffs, filled or otherwise, provided that in each case the alcoholic content does not exceed 8,5 litres of pure alcohol per 100 kg of the product for  chocolates, and 5 litres of pure alcohol per 100 kg of the product for other products.  2. Member States may exempt the products covered by this Directive from the harmonized excise duty under conditions which they shall lay down for the purpose of ensuring the correct and straightforward application of such exemptions and of preventing  any evasion, avoidance or abuse, when used:  (a) as samples for analysis, for necessary production tests, or for scientific purposes;  (b) for scientific research;  (c) for medical purposes in hospitals and pharmacies;  (d) in a manufacturing process provided that the final product does not contain alcohol;  (e) in the manufacture of a component product which is not subject to excise duty under this Directive.  3. Before 1 January 1993 and three months before any intended subsequent change in national law, each Member State shall communicate to the Commission, together with all relevant information, the denaturants which it intends to employ for the purposes  of paragraph 1 (a). The Commission shall transmit the communications to the other Member States within one month of receipt.  4. If, within two months of the other Member States being informed, neither the Commission nor any Member State has requested that the matter be raised in the Council, the Council shall be deemed to have authorized the denaturing processes notified. If  an objection is raised within the time limit, a decision shall be taken in accordance with the procedure laid down in Article 24 of Directive 92/12/EEC.  5. If a Member State finds that a product which has been exempted under paragraphs 1 (a) or 1 (b) above gives rise to evasion, avoidance or abuse, it may refuse to grant exemption or withdraw the relief already granted. The Member State shall advise the  Commission forthwith. The Commission shall transmit the communication to the other Member States within one month of receipt. A final decision shall then be taken in accordance with the procedure laid down in Article 24 of Directive 92/12/EEC. Member  States shall not be obliged to give retroactive effet to such a decision.  6. Member States shall be free to give effect to the exemptions mentioned above by means of a refund of excise duty paid.  Article 28  The United Kingdom may continue to apply the exemptions which it applied on 1 January 1992 to the following products:  - concentrated malt beverage the worts of which prior to fermentation were of a specific gravity of 1 200 of Original Gravity (47° Plato) or more;  - aromatic bitters of an actual alcoholic strength from 44,2 to 49,2 % vol., containing from 1,5 % to 6 % by weight of gentian, spices and other aromatic ingredients and from 4 to 10 % by weight of sugar, delivered in containers holding 0,2 litres or  less of product.  SECTION VIII  FINAL PROVISIONS   Article 29  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 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 30  This Directive is addressed to the Member States. Done at Luxembourg, 19 October 1992. For the Council  The President  J. COPE   (1) OJ No C 322, 21. 12. 1990, p. 11. (2) OJ No C 67, 16. 3. 1992, p. 165. (3) OJ No C 96, 18. 3. 1991, p. 25. (4) OJ No L 76, 23. 3. 1992, p. 1. (5) See page 29 of this Official Journal.


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31980L1095

Council Directive 80/1095/EEC of 11 November 1980 laying down conditions designed to render and keep the territory of the Community free from classical swine fever

Official Journal L 325 , 01/12/1980 P. 0001 - 0004 Finnish special edition: Chapter 3 Volume 12 P. 0200  Greek special edition: Chapter 03 Volume 31 P. 0226  Swedish special edition: Chapter 3 Volume 12 P. 0200  Spanish special edition: Chapter 03 Volume 19 P. 0228  Portuguese special edition Chapter 03 Volume 19 P. 0228

COUNCIL DIRECTIVE  of 11 November 1980  laying down conditions designed to render and keep the territory of the Community free from classical swine fever  (80/1095/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas one of the Community's tasks in the veterinary field is to improve the state of health of livestock, in order to increase the profitability of stock farming;  Whereas this improvement must ensure that the state of health of livestock is brought to the most satisfactory level for the Community as a whole and maintained at that level;  Whereas the action to be taken under an accelerated eradication plan must be gradual and be based upon the varying situations in the Member States or parts thereof ; whereas this plan may, subject to certain conditions, be implemented on a regional basis;  Whereas, if the disease accidentally recurs in a Member State or a part thereof previously cleared of the disease, suitable measures must be taken for the immediate elimination of the disease so that the disease-free classification may be restored as soon as possible;  Whereas action of this kind should serve to eliminate obstacles to trade in live animals between Member States caused by differences in their animal health situations;  Whereas the free movement of live pigs between Member States or parts thereof will be aided by making and keeping Member States or parts thereof free from classical swine fever;  Whereas provision should be made for close cooperation between the Member States and the Commission for this purpose,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive defines the measures which the Member States must apply in order to eradicate swine fever from their territories so as to achieve and retain officially swine fever-free status.   Article 2 For the purposes of this Directive the definitions given in Article 2 of Council Directive 80/217/EEC of 22 January 1980, introducing Community measures for the control  (1)OJ No C 187, 25.7.1979, p. 2. (2)OJ No C 72, 24.3.1980, p. 6. (3)OJ No C 300, 18.11.1980, p. 17.  of classical swine fever (1), and in Article 2 of Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (2), as last amended by Directive 80/219/EEC (3), shall apply.  Furthermore, for the purposes of this Directive the following definitions shall apply:    1. "officially swine fever-free holding" means a holding in which:      - no swine fever has been detected for at least the preceding 12 months,           - there are no pigs which have been vaccinated against swine fever,           - vaccination against swine fever has not been authorized for at least the preceding 12 months,             in addition, no swine fever must have been detected for at least the preceding 12 months at least within a radius of two kilometres around the holding;       2. "officially swine fever-free Member State" means a Member State in which:      - no swine fever has been detected for at least the preceding 12 months,           - vaccination against swine fever has not been authorized for at least the preceding 12 months,             in which the holdings contain no pigs which have been vaccinated against swine fever and which has been so recognized under Article 3 (2) or 7 (1).       3. "officially swine fever-free region" means a region in which:      - no swine fever has been detected for at least the preceding 12 months,           - vaccination against swine fever has not been authorized for at least the preceding 12 months,             in which the holdings contain no pigs which have been vaccinated against swine fever and which has been so recognized under Article 7 (2);       4. "swine fever-free Member State or region" means a Member State or region in which no swine fever has been detected for at least the preceding 12 months.          Article 3 1. Any Member State which is not officially swine fever-free shall prepare a plan for the accelerated eradication of this disease.  2. Not later than six months after the date of notification of this Directive, Member States' status shall be established under the procedure laid down in Article 9 for the purpose of determining those required to submit a plan in accordance with paragraph 1.  3. This plan, which must be carried out over a period of not more than five years, must meet the requirements of Article 4 of this Directive and be approved in accordance with Article 5 (3) of Council Decision 80/1096/EEC of 11 November 1980 introducing Community financial measures for the eradication of classical swine fever (4).   Article 4 1. The plan referred to in Article 3 must be designed to ensure that the territory of the Member State concerned will be officially free from swine fever after five years at most.  2. It must specify:    - as appropriate:     - the date of prohibition of vaccination of breeding pigs,       - the date of prohibition or, in the first two years of implementing the plan, of restriction of vaccination of fattening pigs,       - the date of commencement of the swine fever detection campaign, where such has proved necessary;       - the measures, resources and timetable proposed by the Member State in order to attain the objective fixed in paragraph 1.         3. The plan may be implemented on a regional basis if the Member State is able to guarantee that the status of the regions concerned will be protected and maintained.  In that event, the details required under paragraph 2 must relate to each of the regions defined in the plan.  4. The Member State shall notify the Commission of:    (a) the annual expenditure in connection with swine fever in each of the past three years, with a breakdown of such expenditure;  (1)OJ No L 47, 21.2.1980, p. 11. (2)OJ No 121, 29.7.1964, p. 1977/64. (3)OJ No L 47, 21.2.1980, p. 25. (4)See page 5 of this Official Journal.        (b) forecast annual expenditure on the five-year plan.          Article 5 The Commission shall make regular on-the-spot checks to verify from a veterinary viewpoint whether the plans are being applied.  Member States shall take the necessary steps to facilitate these checks and shall in particular ensure that the experts are supplied at their request with all information and documentation needed for assessing the execution of the plans.  The general provisions for implementing this Article, especially as regards the frequency and method of carrying out the checks referred to in the first paragraph, the rules governing the appointment of veterinary experts and the procedure which they must follow when drawing up their report, shall be laid down in accordance with the procedure set out in Article 9.   Article 6 1. Member States shall forward the plans provided for in Article 3 to the Commission, in accordance with Article 5 (1) of Decision 80/1096/EEC.  2. These plans shall be approved in accordance with the procedure set out in Article 5 (3) of that Decision.  3. Should swine fever spread alarmingly in their territories during the implementation of a plan approved under paragraph 2, Member States may review the situation and take the precautionary measures they deem appropriate, including the reintroduction of organized preventive vaccination.  They shall inform the Commission thereof.  4. Plans approved under paragraph 2 may be modified or supplemented by the same procedure in order to keep pace with developments in the situation with regard to swine fever in the Member State or the region concerned, and in particular to take account of possible implementation of the measures provided for in paragraph 3.   Article 7 1. Under the procedure laid down in Article 9, a Member State covered by Article 3 (1) shall be recognized as officially swine fever-free once the following conditions have been fulfilled in that Member State for at least 12 months:    (a) no swine fever has been detected;       (b) vaccination against swine fever has been discontinued.         2. Under the procedure laid down in Article 9, a part of a Member State's territory to which Article 4 (3) applies may be recognized as officially swine fever-free, though not earlier than three months after it has fulfilled the conditions of paragraph 1 of this Article, provided the Member State in question can supply adequate guarantees that the status of that part of its territory will be maintained, in particular by showing evidence of the existence of measures:    (i) either to prohibit the introduction into the part of its territory concerned of pigs from holdings which are not officially swine fever-free;       (ii) or to prohibit vaccinated pigs from leaving holdings situated in a part of its territory which is not officially swine fever-free or which is not swine fever-free except for immediate slaughter or for introduction into another holding of the same status.          Article 8 1. Any Member State which during the period laid down in Article 2 (1) of Decision 80/1096/EEC loses its status as officially swine fever-free, may avail itself of Article 3 (1) provided its plan does not extend beyond that period.  2. However, if an outbreak or a number of epizootiologically interrelated outbreaks of swine fever occur within a geographically limited area in a Member State which is officially swine fever-free, the status of that Member State shall not be withdrawn for a period of 15 days if the Member State takes measures to isolate the area in question.  Within the said 15-day period, however a decision may be taken under the procedure in Article 9 to withdraw the status or if the measures taken by the Member State are deemed satisfactory to maintain it for a maximum of three months.  3. Paragraph 2 may be applies by analogy to officially swine fever-free regions.   Article 9 1. Where the procedure laid down in this Article is to be followed, matters shall be referred without delay by the chairman, either on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter called "the Committee") set up by Decision 68/361/EEC of 15 October 1968 (1).  (1)OJ No L 255, 18.10.1968, p. 23.   2. Within the Committee the votes of the Member States shall be weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on these measures within a time limit set by the chairman according to the urgency of the questions under examination. Opinions shall be delivered by a majority of 41 votes.  4. The Commission shall adopt the measures and shall apply them immediately where they are in accordance with the opinion of the Committee. Where they 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 adopt the measures by a qualified majority.  If within three months of the date on which the proposal was submitted to it the Council has not adopted any measures, the Commission shall adopt the proposed measures and shall apply them immediately, save where the Council has decided against these measures by a simple majority.   Article 10 Article 9 shall apply until 21 June 1981.   Article 11 After consulting the Member States within the Committee, the Commission shall, before 1 July 1983, submit to the Council a report on the application of this Directive by the Member States and the current situation in the Community in respect of swine fever, together with any relevant proposals.   Article 12 1. Member States shall bring into force the laws, regulations and administrative provisions necessary for the implementation of national plans for accelerated eradication approved in accordance with Article 5 (2) of Decision 80/1096/EEC on the date laid down by the Commission in its Decision approving the plans and, for plans approved during 1981, not later than 31 December 1981.  2. The five-year period of execution provided for in Article 2 (1) of Decision 80/1096/EEC shall run, for each Member State, from the date laid down by the Commission pursuant to paragraph 1 ; however, Community finance shall in all cases be restricted to slaughterings carried out before 1 January 1987.  3. The Council, acting unanimously on a proposal from the Commission, may, where implementation of the plan on the date laid down would meet with considerable difficulties in some Member States, postpone for such States the dates specified in paragraphs 1 and 2 by not more than one year.   Article 13 This Directive is addressed to the Member States.     Done at Brussels, 11 November 1980.  For the Council  The President  C. NEY


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32000L0042

Commission Directive 2000/42/EC of 22 June 2000 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively (Text with EEA relevance)

Official Journal L 158 , 30/06/2000 P. 0051 - 0075

Commission Directive 2000/42/ECof 22 June 2000amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals(1), as last amended by Commission Directive 2000/24/EC(2), and in particular Article 10 thereof,Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin(3), as last amended by Directive 2000/24/EC, and in particular Article 10 thereof,Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on products of plant origin, including fruit and vegetables(4), as last amended by Directive 2000/24/EC, and in particular Article 7 thereof,Whereas:(1) Council Directives 94/29/EC(5) and 94/30/EC(6), in fixing maximum residue levels in the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC for benalaxyl, benfuracarb, carbofuran, carbosulfan, cyfluthrin, ethephon, fenarimol, furathiocarb, lambda-cyhalothrin, metalaxyl and propiconazole provided that for many commodities, the maximum residue levels would automatically revert to the appropriate lower limits of analytical determination unless other levels were adopted before 30 June 1999. This deadline was amended to read "at the latest by 1 July 2000" by Commission Directive 97/71/EC(7).(2) Council Directives 95/38/EC(8) and 95/39/EC(9), in fixing maximum residue levels in the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC for aldicarb, amitraz, methidathion, methomyl, thiodicarb, pirimiphos-methyl and thiabendazole provided that for many commodities, the maximum residue levels would automatically revert to the appropriate lower limits of analytical determination unless other levels were adopted before 1 July 2000.(3) Council Directives 96/32/EC(10) and 96/33/EC(11), in fixing maximum residue levels in the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC for chlormequat, diazonon, dicofol, disulfoton, endosulfan, fenbutatin oxide, mecarbam, phorate, propoxur, propyzamide, triazophos, and triforine provided that for many commodities, the maximum residue levels would automatically revert to the appropriate lower limits of analytical determination unless other levels were adopted before 30 April 2000. This deadline was amended to read "at the latest by 1 July 2000" by Directive 97/71/EC.(4) Commission Directive 98/82/EC(12) in fixing maximum residue levels in the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC for benomyl, carbendazim, thiophanate methyl, chlorothalonil, fenvalerate (including other mixtures of constituents), acephate and quinalphos provided that for many commodities, the maximum residue levels would automatically revert to the appropriate lower limits of analytical determination unless other levels were adopted before 1 July 2000.(5) The above positions in the Annexes to the Directives were left "open", or were fixed on a temporary basis, because there was insufficient data available, at the dates of their adoption, to justify the fixing of maximum residue limits at Community level. The objective of fixing the said deadline was to provide interested parties with sufficient time to provide the necessary data enabling, where appropriate and justified, the adoption of maximum residue levels at Community level above the lower limit of analytical determination. Interested parties were notified of the deadline. For many open positions additional data has been provided permitting the fixing of maximum residue levels. Where no additional data has been provided, it is appropriate to fix maximum residue levels at the lower limit of analytical determination.(6) Requests, supported by further data, were received from Community trading partners to grant greater tolerances for some of these pesticides for positions where Community maximum residue levels had already been fixed in the Annexes to the base Directives.(7) The information available has been reviewed. For many positions the data is sufficient to fix residue level above the lower limit of analytical determination and it is appropriate to do so. For some positions the information available is inadequate and it is appropriate to fix maximum residue levels at the lower limit of analytical determination. For other positions the information is adequate but demonstrates that the setting of a maximum residue level above the lower limit of analytical determination may give rise to an unacceptable acute or chronic exposure of the consumer to the residues. In such cases, it is appropriate to fix maximum residue levels at the lower limit of analytical determination.(8) Commission Decision 98/270/EC of 7 April 1998 concerning the withdrawal of authorisations of plant protection products containing fenvalerate as an active substance(13) obliged Member States to withdraw authorisations of fenvalerate as a plant protection product by 7 April 1999. The use of esfenvalerate remains authorised. Since the current description "Fenvalerate including other mixtures of constituents" of the residue in the Annexes to Directives 86/362/EEC, 86/363/EEC, and 90/642/EEC does not distinguish between residues arising from the use of fenvalerate and those arising from the use of esfenvalerate, it is appropriate to modify the residue definition and the maximum level to reflect the permitted continued use of esfenvalerate and the prohibition on the use of fenvalerate.(9) The lifetime exposure of consumers to these pesticides via food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices used within the European Community taking account of guidelines published by the World Health Organisation(14) and it has been calculated that the maximum residue levels fixed in this Directive do not give rise to an exceedence of the acceptable daily intakes.(10) The acute exposure of consumers to these pesticides via each of the food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices used within the European Community, taking account of guidelines published by the World Health Organisation. It has been calculated that the maximum residue levels fixed for open positions in the present Directive do not give rise to acute toxic effects.(11) To ensure that the consumer is adequately protected from exposure to residues in or on products for which no authorisations have been granted, it is prudent to set maximum residue levels at the lower limit of analytical determination for all such products covered by Directives 86/362/EEC, 86/363/EEC and 90/642/EEC.(12) The Community's trading partners have been consulted about the levels set out in this Directive through the World Trade Organisation and their comments on these levels have been considered.(13) The opinions of the Scientific Committee for Plants, in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides, have been taken into account. The methodology described by the World Health Organisation, referred to above, as applied by rapporteur member states, checked and evaluated by the Commission in the framework of the Standing Committee on Plant Health, is in agreement with the guidance given by the Scientific Committee of Plants(15).(14) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1The maximum levels for residues listed in Annex I to this Directive shall replace those listed in Part A of Annex II to Directive 86/362/EEC for the pesticides in question.Article 21. The maximum levels for residues listed in Annex II to this Directive shall replace those listed in Part A of Annex II to Directive 86/363/EEC for the pesticides in question.2. The maximum levels for residues listed in Annex III to this Directive shall replace those listed in Part B of Annex II to Directive 86/363/EEC for the pesticides in question.Article 31. The maximum levels for residues listed in Annex IV to this Directive shall replace those listed in Annex II to Directive 90/642/EEC for the pesticides in question.2. The maximum level for residues for acephate on peaches shall be fixed at 0,02(16) mg/kg.Article 4Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 28 February 2001 at the latest. They shall forthwith inform the Commission thereof.They shall apply these measures as of 1 July 2001.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 5This Directive shall enter into force on the first day following that of its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Brussels, 22 June 2000.For the CommissionDavid ByrneMember of the Commission(1) OJ L 221, 7.8.1986, p. 37.(2) OJ L 107, 4.5.2000, p. 28.(3) OJ L 221, 7.8.1986, p. 43.(4) OJ L 350, 14.12.1990, p. 71.(5) OJ L 189, 23.7.1994, p. 67.(6) OJ L 189, 23.7.1994, p. 70.(7) OJ L 347, 18.12.1997, p. 42.(8) OJ L 197, 22.8.1995, p. 14.(9) OJ L 197, 22.8.1995, p. 29.(10) OJ L 144, 18.6.1996, p. 12.(11) OJ L 144, 18.6.1996, p. 35.(12) OJ L 290, 29.10.1998, p. 25.(13) OJ L 117, 21.4.1998, p. 15.(14) Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).(15) SCP/RESI/021; SCP/RESI/024.(16) Indicates lower limit of analytical determination.ANNEX I>TABLE>ANNEX II>TABLE>ANNEX III>TABLE>ANNEX IV>TABLE>>TABLE>


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31994L0033

Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work

Official Journal L 216 , 20/08/1994 P. 0012 - 0020 Finnish special edition: Chapter 5 Volume 6 P. 0138  Swedish special edition: Chapter 5 Volume 6 P. 0138

COUNCIL DIRECTIVE 94/33/EC of 22 June 1994 on the protection of young people at workTHE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 118a thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the Economic and Social Committee (2),  Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),  Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements to encourage improvements, especially in the working environment, as regards the health and safety of workers;  Whereas, under that Article, such directives must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;  Whereas points 20 and 22 of the Community Charter of the Fundamental Social Rights of Workers, adopted by the European Council in Strasbourg on 9 December 1989, state that:  '20.  Without prejudice to such rules as may be more favourable to young people, in particular those ensuring their preparation for work through vocational training, and subject to derogations limited to certain light work, the minimum employment age  must not be lower than the minimum school-leaving age and, in any case, not lower than 15 years;  22.  Appropriate measures must be taken to adjust labour regulations applicable to young workers so that their specific development and vocational training and access to employment needs are met.  The duration of work must, in particular, be limited - without it being possible to circumvent this limitation through recourse to overtime - and night work prohibited in the case of workers of under eighteen years of age, save in the case of certain  jobs laid down in national legislation or regulations.';  Whereas account should be taken of the principles of the International Labour Organization regarding the protection of young people at work, including those relating to the minimum age for access to employment or work;  Whereas, in this Resolution on child labour (4), the European Parliament summarized the various aspects of work by young people and stressed its effects on their health, safety and physical and intellectual development, and pointed to the need to adopt  a Directive harmonizing national legislation in the field;  Whereas Article 15 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (5) provides that particularly sensitive risk groups must be protected against the  dangers which specifically affect them;  Whereas children and adolescents must be considered specific risk groups, and measures must be taken with regard to their safety and health;  Whereas the vulnerability of children calls for Member States to prohibit their employment and ensure that the minimum working or employment age is not lower than the minimum age at which compulsory schooling as imposed by national law ends or 15 years  in any event; whereas derogations from the prohibition on child labour may be admitted only in special cases and under the conditions stipulated in this Directive; whereas, under no circumstances, may such derogations be detrimental to regular school  attendance or prevent children benefiting fully from their education;  Whereas, in view of the nature of the transition from childhood to adult life, work by adolescents should be strictly regulated and protected;  Whereas every employer should guarantee young people working conditions appropriate to their age;  Whereas employers should implement the measures necessary to protect the safety and health of young people on the basis on an assessment of work-related hazards to the young;  Whereas Member States should protect young people against any specific risks arising from their lack of experience, absence of awareness of existing or potential risks, or from their immaturity;  Whereas Member States should therefore prohibit the employment of young people for the work specified by this Directive;  Whereas the adoption of specific minimal requirements in respect of the organization of working time is likely to improve working conditions for young people;  Whereas the maximum working time of young people should be strictly limited and night work by young people should be prohibited, with the exception of certain jobs specified by national legislation or rules;  Whereas Member States should take the appropriate measures to ensure that the working time of adolescents receiving school education does not adversely affect their ability to benefit from that education;  Whereas time spent on training by young persons working under a theoretical and/or practical combined work/training scheme or an in-plant work-experience should be counted as working time;  Whereas, in order to ensure the safety and health of young people, the latter should be granted minimum daily, weekly and annual periods of rest and adequate breaks;  Whereas, with respect to the weekly rest period, due account should be taken of the diversity of cultural, ethnic, religious and other factors prevailing in the Member States; whereas in particular, it is ultimately for each Member State to decide  whether Sunday should be included in the weekly rest period, and if so to what extent;  Whereas appropriate work experience may contribute to the aim of preparing young people for adult working and social life, provided it is ensured that any harm to their safety, health and development is avoided;  Whereas, although derogations from the bans and limitations imposed by this Directive would appear indispensable for certain activities or particular situations, applications thereof must not prejudice the principles underlying the established  protection system;  Whereas this Directive constitutes a tangible step towards developing the social dimension of the internal market;  Whereas the application in practice of the system of protection laid down by this Directive will require that Member States implement a system of effective and proportionate measures;  Whereas the implementation of some provisions of this Directive poses particular problems for one Member State with regard to its system of protection for young people at work; whereas that Member State should therefore be allowed to refrain from  implementing the relevant provisions for a suitable period,  HAS ADOPTED THIS DIRECTIVE:   SECTION I   Article 1  Purpose 1.  Member States shall take the necessary measures to prohibit work by children.  They shall ensure, under the conditions laid down by this Directive, that the minimum working or employment age is not lower than the minimum age at which compulsory full-time schooling as imposed by national law ends or 15 years in any event.  2.  Member States ensure that work by adolescents is strictly regulated and protected under the conditions laid down in this Directive.  3.  Member States shall ensure in general that employers guarantee that young people have working conditions which suit their age.  They shall ensure that young people are protected against economic exploitation and against any work likely to harm their safety, health or physical, mental, moral or social development or to jeopardize their education.   Article 2  Scope 1.  This Directive shall apply to any person under 18 years of age having an employment contract or an employment relationship defined by the law in force in a Member State and/or governed by the law in force in a Member State.  2.  Member States may make legislative or regulatory provision for this Directive not to apply, within the limits and under the conditions which they set by legislative or regulatory provision, to occasional work or short-term work involving:  (a) domestic service in a privat household, or (b) work regarded as not being harmful, damaging or dangerous to young people in a family undertaking.   Article 3  Definitons For the purposes of this Directive:  (a) 'young person' shall mean any person under 18 years of age referred to in Article 2 (1);  (b) 'child' shall mean any young person of less than 15 years of age or who is still subject to compulsory full-time schooling under national law;  (c) 'adolescent' shall mean any young person of at least 15 years of age but less than 18 years of age who is no longer subject to compulsory full-time schooling under national law;  (d) 'light work' shall mean all work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed:  (i) is not likely to be harmful to the safety, health or development of children, and (ii) is not such as to be harmful to their attendance at school, their participation in vocational guidance or training programmes approved by the competent authority or their capacity to benefit from the instruction received;  (e) 'working time' shall mean any period during which the young person is at work, at the employer's disposal and carrying out his activity or duties in accordance with national legislation and/or practice;  (f) 'rest period' shall mean any period which is not working time.   Article 4  Prohibition of work by children 1.  Member States shall adopt the measures necessary to prohibit work by children.  2.  Taking into account the objectives set out in Article 1, Member States may make legislative or regulatory provision for the prohibition of work by children not to apply to:  (a) children pursuing the activities set out in Article 5;  (b) children of at least 14 years of age working under a combined work/training scheme or an in-plant work-experience scheme, provided that such work is done in accordance with the conditions laid down by the competent authority;  (c) children of at least 14 years of age performing light work other than that covered by Article 5; light work other than that covered by Article 5 may, however, be performed by children of 13 years of age for a limited number of hours per week in the  case of categories of work determined by national legislation.  3.  Member States that make use of the opinion referred to in paragraph 2 (c) shall determine, subject to the provisions of this Directive, the working conditions relating to the light work in question.   Article 5  Cultural or similar activities 1.  The employment of children for the purposes of performance in cultural, artistic, sports or advertising activities shall be subject to prior authorization to be given by the competent authority in individual cases.  2.  Member States shall by legislative or regulatory provision lay down the working conditions for children in the cases referred to in paragraph 1 and the details of the prior authorization procedure, on condition that the activities:  (i) are not likely to be harmful to the safety, health or development of children, and (ii) are not such as to be harmful to their attendance at school, their participation in vocational guidance or training programmes approved by the competent authority or their capacity to benefit from the instruction received.  3.  By way of derogation from the procedure laid down in paragraph 1, in the case of children of at least 13 years of age, Member States may authorize, by legislative or regulatory provision, in accordance with conditions which they shall determine, the  employment of children for the purposes of performance in cultural, artistic, sports or advertising activities.  4.  The Member States which have a specific authorization system for modelling agencies with regard to the activities of children may retain that system.   SECTION II   Article 6  General obligations on employers 1.  Without prejudice to Article 4 (1), the employer shall adopt the measures necessary to protect the safety and health of young people, taking particular account of the specific risks referred to in Article 7 (1).  2.  The employer shall implement the measures provided for in paragraph 1 on the basis of an assessment of the hazards to young people in connection with their work.  The assessment must be made before young people begin work and when there is any major change in working conditions and must pay particular attention to the following points:  (a) the fitting-out and layout of the workplace and the workstation;  (b) the nature, degree and duration of exposure to physical, biological and chemical agents;  (c) the form, range and use of work equipment, in particular agents, machines, apparatus and devices, and the way in which they are handled;  (d) the arrangement of work processes and operations and the way in which these are combined (organization of work);  (e) the level of training and instruction given to young people.  Where this assessment shows that there is a risk to the safety, the physical or mental health or development of young people, an appropriate free assessment and monitoring of their health shall be provided at regular intervals without prejudice to  Directive 89/391/EEC.  The free health assessment and monitoring may form part of a national health system.  3.  The employer shall inform young people of possible risks and of all measures adopted concerning their safety and health.  Furthermore, he shall inform the legal representatives of children of possible risks and of all measures adopted concerning children's safety and health.  4.  The employer shall involve the protective and preventive services referred to in Article 7 of Directive 89/391/EEC in the planning, implementation and monitoring of the safety and health conditions applicable to young people.   Article 7  Vulnerability of young people - Prohibition of work 1.  Member States shall ensure that young people are protected from any specific risks to their safety, health and development which are a consequence of their lack of experience, of absence of awareness of existing or potential risks or of the fact  that young people have not yet fully matured.  2.  Without prejudice to Article 4 (1), Member States shall to this end prohibit the employment of young people for:  (a) work which is objectively beyond their phyiscal or psychological capacity;  (b) work involving harmful exposure to agents which are toxic, carcinogenic, cause heritable genetic damage, or harm to the unborn child or which in any other way chronically affect human health;  (c) work involving harmful exposure to radiation;  (d) work involving the risk of accidents which it may be assumed cannot be recognized or avoided by young persons owing to their insufficient attention to safety or lack of experience or training; or (e) work in which there is a risk to health from extreme cold or heat, or from noise or vibration.  Work which is likely to entail specific risks for young people within the meaning of paragraph 1 includes:  - work involving harmful exposure to the physical, biological and chemical agents referred to in point I of the Annex, and - processes and work referred to in point II of the Annex.  3.  Member States may, by legislative or regulatory provision, authorize derogations from paragraph 2 in the case of adolescents where such derogations are indispensable for their vocational training, provided that protection of their safety and health  is ensured by the fact that the work is performed under the supervision of a competent person within the meaning of Article 7 of Directive 89/391/EEC and provided that the protection afforded by that Directive is guaranteed.   SECTION III   Article 8  Working time 1.  Member States which make use of the option in Article 4 (2) (b) or (c) shall adopt the measures necessary to limit the working time of children to:  (a) eight hours a day and 40 hours a week for work performed under a combined work/training scheme or an in-plant work-experience scheme;  (b) two hours on a school day and 12 hours a week for work performed in term-time outside the hours fixed for school attendance, provided that this is not prohibited by national legislation and/or practice;  in no circumstances may the daily working time exceed seven hours; this limit may be raised to eight hours in the case of children who have reached the age of 15;  (c) seven hours a day and 35 hours a week for work performed during a period of at least a week when school is not operating; these limits may be raised to eight hours a day and 40 hours a week in the case of chidren who have reached the age of 15;  (d) seven hours a day and 35 hours a week for light work performed by children no longer subject to compulsory full-time schooling under national law.  2.  Member States shall adopt the measures necessary to limit the working time of adolescents to eight hours a day and 40 hours a week.  3.  The time spent on training by a young person working under a theoretical and/or practical combined work/training scheme or an in-plant work-experience scheme shall be counted as working time.  4.  Where a young person is employed by more than one employer, working days and working time shall be cumulative.  5.  Member States may, by legislative or regulatory provision, authorize derogations from paragraph 1 (a) and paragraph 2 either by way of exception or where there are objective grounds for so doing.  Member States shall, by legislative or regulatory provision, determine the conditions, limits and procedure for implementing such derogations.   Article 9  Night work 1. (a) Member States which make use of the option in Article 4 (2) (b) or (c) shall adopt the measures necessary to prohibit work by children between 8 p.m. and 6 a.m.  (b) Member States shall adopt the measures necessary to prohibit work by adolescents either between 10 p.m. and 6 a.m. or between 11 p.m. and 7 a.m.  2. (a) Member States may, by legislative or regulatory provision, authorize work by adolescents in specific areas of activity during the period in which night work is prohibited as referred to in paragraph 1 (b).  In that event, Member States shall take appropriate measures to ensure that the adolescent is supervised by an adult where such supervision is necessary for the adolescent's protection.  (b) If point (a) is applied, work shall continue to be prohibited between midnight and 4 a.m.  However, Member States may, by legislative or regulatory provision, authorize work by adolescents during the period in which night work is prohibited in the following cases, where there are objective grounds for so doing and provided that adolescents  are allowed suitable compensatory rest time and that the objectives set out in Article 1 are not called into question:  - work performed in the shipping or fisheries sectors;  - work performed in the context of the armed forces or the police;  - work performed in hospitals or similar establishments;  - cultural, artistic, sports or advertising activities.  3.  Prior to any assignment to night work and at regular intervals thereafter, adolescents shall be entitled to a free assessment of their health and capacities, unless the work they do during the period during which work is prohibited is of an  exceptional nature.   Article 10  Rest period 1. (a) Member States which make use of the option in Article 4 (2) (b) or (c) shall adopt the measures necessary to ensure that, for each 24-hour period, children are entitled to a minimum rest period of 14 consecutive hours.  (b) Member States shall adopt the measures necessary to ensure that, for each 24-hour period, adolescents are entitled to a minimum rest period of 12 consecutive hours.  2.  Member States shall adopt the measures necessary to ensure that, for each seven-day period:  - children in respect of whom they have made use of the option in Article 4 (2) (b) or (c), and - adolescents are entitled to a minimum rest period of two days, which shall be consecutive if possible.  Where justified by technical or organization reasons, the minimum rest period may be reduced, but may in no circumstances be less than 36 consecutive hours.  The minimum rest period referred to in the first and second subparagraphs shall in principle include Sunday.  3.  Member States may, by legislative or regulatory provision, provide for the minimum rest periods referred to in pargraphs 1 and 2 to be interrupted in the case of activities involving periods of work that are split up over the day or are of short  duration.  4.  Member States may make legislative or regulatory provision for derogations from paragraph 1 (b) and paragraph 2 in respect of adolescents in the following cases, where there are objective grounds for so doing and provided that they are granted  appropriate compensatory rest time and that the objetives set out in Article 1 are not called into question:  (a) work performed in the shipping or fisheries sectors;  (b) work performed in the context of the armed forces or the police;  (c) work performed in hospitals or similar establishments;  (d) work performed in agriculture;  (e) work performed in the tourism industry or in the hotel, restaurant and café sector;  (f) activities involving periods of work split up over the day.   Article 11  Annual rest Member States which make use of the option referred to in Article 4 (2) (b) or (c) shall see to it that a period free of any work is included, as far as possible, in the school holidays of children subject to compulsory full-time schooling under  national law.   Article 12  Breaks Member States shall adopt the measures necessary to ensure that, where daily working time is more than four and a half hours, young people are entitled to a break of at least 30 minutes, which shall be consecutive if possible.   Article 13  Work by adolescents in the event of force majeure Member States may, by legislative or regulatory provision, authorize derogations from Article 8 (2), Article 9 (1) (b), Article 10 (1) (b) and, in the case of adolescents, Article 12, for work in the circumstances referred to in Article 5 (4) of  Directive 89/391/EEC, provided that such work is of a temporary nature and must be performed immediately, that adult workers are not available and that the adolescents are allowed equivalent compensatory rest time within the following three weeks.   SECTION IV   Article 14  Measures Each Member State shall lay down any necessary measures to be applied in the event of failure to comply with the provisions adopted in order to implement this Directive; such measures must be effective and proportionate.   Article 15  Adaptation of the Annex Adaptations of a strictly technical nature to the Annex in the light of technical progress, changes in international rules or specifications and advances in knowledge in the field covered by this Directive shall be adopted in accordance with the  procedure provided for in Article 17 of Directive 89/391/EEC.   Article 16  Non-reducing clause Without prejudice to the right of Member States to develop, in the light of changing circumstances, different provisions on the protection of young people, as long as the minimum requirements provided for by this Directive are complied with, the  implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to young people.   Article 17  Final provisions 1. (a) Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 22 June 1996 or ensure, by that date at the latest, that the two sides of industry introduce the  requisite provisions by means of collective agreements, with Member States being required to make all the necessary provisions to enable them at all times to guarantee the results laid down by this Directive.  (b) The United Kingdom may refrain from implementing the first subparagraph of Article 8 (1) (b) with regard to the provision relating to the maximum weekly working time, and also Article 8(2) and Article 9 (1) (b) and (2) for a period of four years  from the date specified in subparagraph (a).  The Commission shall submit a report on the effects of this provision.  The Council, acting in accordance with the conditions laid down by the Treaty, shall decide whether this period should be extended.  (c) Member States shall forthwith inform the Commission thereof.  2.  When Member States adopt the measures referred to in paragraph 1, such measures 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.  3.  Member States shall communicate to the Commission the texts of the main provisions of national law which they have already adopted or adopt in the field governed by this Directive.  4.  Member States shall report to the Commission every five years on the practical implementation of the provisions of this Directive, indicating the viewpoints of the two sides of industry.  The Commission shall inform the European Parliament, the Council and the Economic and Social Committee thereof.  5.  The Commission shall periodically submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Directive taking into account pargraphs 1, 2, 3 and 4.   Article 18  This Directive is addressed to the Member States.  Done at Luxembourg, 22 June 1994.  For the Council The President E. YIANNOPOULOS  (1) OJ No C 84, 4. 4. 1992, p. 7.(2) OJ No C 313, 30. 11. 1992, p. 70.(3) Opinion of the European Parliament of 17 December 1992 (OJ No C 21, 25. 1. 1993, p. 167). Council Common Position of 23 November 1993 (not yet published in the Official  Journal) and Decision of the European Parliament of 9 March 1994 (OJ No C 91, 28. 3. 1994, p. 89).(4) OJ No C 190, 20. 7. 1987, p. 44.(5) OJ No L 183, 29. 6. 1989, p. 1.    ANNEX   Non-exhaustive list of agents, processes and work (Article 7(2), second subparagraph)   I. Agents  1. Physical agents (a) lonizing radiation;  (b) Work in a high-pressure atmosphere, e. g. in pressurized containers, diving.  2. Biological agents (a) Biological agents belonging to groups 3 and 4 within the meaning of Article 2 (d) of Council Directive 90/679/EEC of 26 November 1990 on the protection of workers from risks related to exposure to biological agents at work (Seventh individual  Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (1).  3. Chemical agents (a) Substances and preparations classified according to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances  (2) with amendments and Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (3) as  toxic (T), very toxic (Tx), corrosive (C) or explosive (E);  (b) Substances and preparations classified according to Directives 67/548/EEC and 88/379/EEC as harmful (Xn) and with one or more of the following risk phrases:  - danger of very serious irreversible effects (R39),  - possible risk of irreversible effects (R40),  - may cause sensitization by inhalation (R42),  - may cause sensitization by skin contact (R43),  - may cause cancer (R45),  - may cause heritable genetic damage (R46),  - danger of serious damage to health by prolonged exposure (R48),  - may impair fertility (R60),  - may cause harm to the unborn child (R61);  (c) Substances and preparations classified according to Directives 67/548/EEC and 88/379/EEC as irritant (Xi) and with one or more of the following risk phrases:  - highly flammable (R12);  - may cause sensitization by inhalation (R42),  - may cause sensitization by skin contact (R43),  (d) Substances and preparations referred to Article 2 (c) of Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article  16(1) of Directive 89/391/EEC; (4) (e) Lead and compounds thereof, inasmuch as the agents in question are absorbable by the human organism;  (f) Asbestos.   II. Processes and work  1. Processes at work referred to in Annex I to Directive 90/394/EEC.  2. Manufacture and handling of devices, fireworks or other objects containing explosives.  3. Work with fierce of poisonous animals.  4. Animal slaughtering on an industrial scale.  5. Work involving the handling of equipment for the production, storage or application of compressed, liquified or dissolved gases.  6. Work with vats, tanks, reservoirs or carboys containing chemical agents referred to in 1.3.  7. Work involving a risk of structural collapse.  8. Work involving high-voltage electrical hazards.  9. Work the pace of which is determined by machinery and involving payment by results.   (1) OJ No L 374, 31. 12. 1990, p. 1.(2) OJ No 196, 16. 8. 1967, p. 1. Directive as last amended by Directive 93/679/EEC (OJ No L 268, 29. 10. 1993, p. 71).(3) OJ No L 187, 16. 7. 1988, p. 14. Directive as last amended by Directive 93/18/EEC  (OJ No L 104, 29. 4. 1993, p. 46).(4) OJ No L 196, 26. 7. 1990, p. 1.