Avis juridique important

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31977L0540

Council Directive 77/540/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to parking lamps for motor vehicles

Official Journal L 220 , 29/08/1977 P. 0083 - 0094 Finnish special edition: Chapter 13 Volume 7 P. 0223  Greek special edition: Chapter 13 Volume 6 P. 0222  Swedish special edition: Chapter 13 Volume 7 P. 0223  Spanish special edition: Chapter 13 Volume 7 P. 0235  Portuguese special edition Chapter 13 Volume 7 P. 0235

COUNCIL DIRECTIVE  of 28 June 1977  on the approximation of the laws of the Member States relating to parking lamps for motor vehicles  (77/540/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to their parking lamps;  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3) to be introduced in respect of each type of vehicle;  Whereas in Directive 76/756/EEC (4), the Council laid down the common requirements for the installation of lighting and light-signalling devices on motor vehicles and trailers;  Whereas a harmonized component type-approval procedure for parking lamps makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of parking lamp ; whereas the placing of an EEC component type-approval mark on all parking lamps manufactured in conformity with the approved type obviates any need for technical checks on these parking lamps in the other Member States;  Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the tests carried out by each of them on the basis of the common requirements,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Each Member State shall grant EEC component type-approval for any type of parking lamp which satisfies the construction and testing requirements laid down in Annexes I, II, IV, V and VI.  2. The Member State which has granted EEC component type-approval shall take the measures required in order to verify that production models conform to the approved type, in so far as this is necessary and if need be in cooperation with the competent authorities in the other Member States. Such verification shall be limited to spot checks.   Article 2 Member States shall for each type of parking lamp which they approve pursuant to Article 1 issue to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex IV.  Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between parking lamps which have been type-approved pursuant to Article 1 and other devices.   Article 3 1. No Member State may prohibit the placing on the market of parking lamps on grounds relating to their construction or method of functioning if they bear the EEC component type-approval mark.  (1)OJ No C 118, 16.5.1977, p. 29. (2)OJ No C 114, 11.5.1977, p. 4. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 262, 27.9.1976, p. 1.   2. Nevertheless, a Member State may prohibit the placing on the market of parking lamps bearing the EEC component type-approval mark which consistently fail to conform to the approved type. That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision.   Article 4 The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates, an example of which is given in Annex III, completed for each type of parking lamp which they approve or refuse to approve.   Article 5 1. If the Member State which has granted EEC component type-approval finds that a number of parking lamps bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken which may, where there is consistent failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.  2. The competent authorities of Member States shall inform each other within one month of any withdrawal of EEC component type-approval, and of the reasons for such a measure.   Article 6 Any decision taken pursuant to the provisions adopted in implementation of this Directive, to refuse or withdraw EEC component type-approval for a parking lamp or prohibit its placing on the market or use, shall set out in detail the reasons on which it is based. Such decisions shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.   Article 7 No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to its parking lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.   Article 8 No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its parking lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.   Article 9 For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails, agricultural or forestry tractors and machinery and public works vehicles.   Article 10 Any amendments necessary to adjust the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.   Article 11 1. Member States shall bring into force the provisions needed in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 12 This Directive is addressed to the Member States.        Done at Luxembourg, 28 June 1977.  For the Council  The President  W. RODGERS      LIST OF ANNEXES   >PIC FILE= "T9001013">    ANNEX I DEFINITIONS, GENERAL SPECIFICATIONS, INTENSITY OF LIGHT EMITTED, TEST PROCEDURE, COLOUR OF LIGHT EMITTED, CONFORMITY OF PRODUCTION, NOTE CONCERNING COLOUR    1. DEFINITIONS      1.1. "Parking lamp" means the lamp used to draw attention to the presence of a stationary vehicle in a built-up area.           1.2. "Axis of reference" (or reference axis) means the characteristic axis of the light signal, determined by the manufacturer for use as the direction of reference (H = 0º, V = 0º) for photometric measurements and when fitting the lamp on the vehicle.           1.3. "Centre of reference" means the intersection of the axis of reference with the exterior light-emitting surface specified by the manufacturer of the lamp.           1.4. "Type of parking lamp" means parking lamps which do not differ in such essential respects as:        1.4.1. the trade name or mark;               1.4.2. the characteristics of the optical system;               1.4.3. the type of filament lamp.                                 2. GENERAL SPECIFICATIONS      2.1. Each sample referred to in 1.2.3 of Annex IV shall conform to the specifications set forth in 3 and 5.           2.2. The parking lamps shall be so designed and constructed that under normal conditions of use, notwithstanding any vibration to which they may be subjected during such use, their satisfactory operation remains assured and they retain the characteristics prescribed by this Directive.                  3. INTENSITY OF LIGHT EMITTED      3.1. In the reference axis, the light emitted by each of the two samples referred to in 1.2.3 of Annex II shall be of not less than the minimum intensity and of not more than the maximum intensity specified below: >PIC FILE= "T0011099">            3.2. Outside the reference axis and within the angular fields defined in the diagrams in Annex II, the intensity of the light emitted by each of the two samples must:        3.2.1. in each direction corresponding to the points in the luminous intensity distribution table reproduced in Annex V be not less than the value shown, in the said table for the direction in question, expressed as a percentage of the minimum specified in 3.1;               3.2.2. in any direction within the space from which the lamp in question is visible, not exceed the maximum specified in 3.1;               3.2.3. however, a luminous intensity of 60 cd shall be permitted for parking lamps incorporated with stop lamps (see 3.1.2) below a plane forming an angle of 5º with and downward from the horizontal plane;                3.2.4. moreover,        3.2.4.1. throughout the fields defined in Annex II, the intensity of the light emitted must be not less than 0 705 cd;               3.2.4.2. the requirements of 2.2 of Annex V on local variations of intensity must be observed.                         3.3. The intensities must be measured with the filament lamp(s) continuously alight and, in the case of devices emitting red or amber light, in coloured light.           3.4. Annex V, to which reference is made in 3.2.1, gives particulars of the methods of measurement to be used.                  4. TEST PROCEDURE  All measurements shall be carried out with colourless standard filament lamps of the types recommended for the parking lamp, and so regulated as to produce the normal luminous flux prescribed for those types of lamp.       5. COLOUR OF LIGHT EMITTED  The colour of the light emitted, measured by using a source of light with a colour temperature of 2 854 K, corresponding to illuminant A of the International Commission on Illumination (CIE), must be within the limits of the coordinates prescribed for the colour in question in Annex VI.       6. CONFORMITY OF PRODUCTION  Every parking lamp bearing an EEC component type-approval mark must conform to the type approved and comply with the photometric conditions specified in 3 and 5. Nevertheless, in the case of a parking lamp picked at random from series production, the requirements as to minimum intensity of the light emitted (measured with a standard filament lamp as referred to in 4) shall be limited in each relevant direction to 80 % of the minimum values specified in 3.1 and 3.2.       7. NOTE CONCERNING COLOUR  EEC component type-approval shall be granted if the colour emitted by the parking lamp is that laid down in 3.13 of Annex I to Directive 76/756/EEC.         ANNEX II >PIC FILE= "T0011100">     ANNEX III >PIC FILE= "T0011101">    ANNEX IV EEC COMPONENT TYPE-APPROVAL AND MARKING REQUIREMENTS    1. APPLICATION FOR EEC COMPONENT TYPE-APPROVAL      1.1. The application for EEC component type-approval shall be submitted by the holder of the trade name or mark or by his authorized representative.           1.2. For each type of parking lamp the application shall be accompanied by:        1.2.1. a brief technical description stating, in particular, the type(s) of filament lamp(s) recommended, which must comply with the specifications of the International Commission on Illumination (CIE)               1.2.2. drawings (three copies), in sufficient detail to permit identification of the type of the parking lamp and showing geometrically the position in which the lamp is to be mounted on the vehicle, the axis of observation to be taken as the axis of reference in the tests (horizontal angle H = 0º, vertical angle V = 0º), and the point to be taken as the centre of reference in the said tests;               1.2.3. two samples ; if the parking lamps are such that they can be mounted only on one side of the vehicle, the two samples submitted may be identical and be suitable for mounting only on the right or only on the left side of the vehicle.                                 2. MARKINGS      2.1. The samples of a type of parking lamp submitted for EEC component type-approval must bear:        2.1.1. the trade name or mark of the applicant, which must be clearly legible and indelible;               2.1.2. a clearly legible and indelible marking indicating the type(s) of filament lamp(s) recommended;               2.1.3. and incorporate a space large enough to contain the EEC component type-approval mark, including the additional symbols prescribed in 4 ; this space shall be shown in the drawings mentioned in 1.2.2.                                 3. EEC COMPONENT TYPE-APPROVAL      3.1. If the two samples submitted in accordance with 1 meet the requirements of Annexes I, II, IV, V and VI, EEC component type-approval shall be granted and a component type-approval number assigned.           3.2. This number shall not be assigned to any other type of parking lamp.           3.3. Where EEC component type-approval is requested for a type of lighting and light-signalling device comprising a parking lamp and other lamps, a single EEC component type-approval mark may be issued provided that the lamp in question complies with the requirements of this Directive and that each of the other lamps forming part of the lighting and light-signalling device for which EEC component type-approval is requested, complies with the specific Directive applying to it.                  4. MARKS    4.1. Every parking lamp conforming to a type approved under this Directive shall bear an EEC component type-approval mark.        4.2. This mark shall consist of a rectangle surrounding the lower-case letter "e", followed by the distinguishing number or letter(s) of the Member State which has granted the component type-approval:  1 for Germany,  2 for France,  3 for Italy,  4 for the Netherlands,  6 for Belgium,  11 for the United Kingdom,  13 for Luxembourg,  18 for Denmark,  IRL for Ireland.  It must also include the EEC component type-approval number which corresponds to the number of the EEC component type-approval certificate issued for the type of parking lamp in question.       4.3. In the following cases the EEC component type-approval mark shall be supplemented by an additional symbol "P".       4.4. The EEC component type-approval number must be placed in any convenient position near the rectangle surrounding the letter "e".       4.5. The EEC component type-approval mark and the additional symbols must be affixed to the lens of the lamp or one of the lenses in such a way as to be indelible and clearly legible even when the parking lamps are fitted on the vehicle.       4.6. An example of the EEC component type-approval mark and additional symbol is given in the Appendix.       4.7. Where a single EEC component type-approval number is issued, as under 3.3, for a type of lighting and light-signalling device comprising a parking lamp and other lamps, one EEC component type-approval mark only may be affixed, consisting of:      - a rectangle surrounding the letter "e" followed by the distinguishing number or letter(s) of the Member State which has granted the EEC component type-approval,           - the EEC component type-approval number,           - the additional symbols required by the various Directives under which EEC component type-approval was granted.                  4.8. The dimensions of the various components of this mark shall not be less than the largest of the minimum dimensions specified for individual markings by the Directives under which the EEC component type-approval was granted.            Appendix  >PIC FILE= "T0011102">     ANNEX V PHOTOMETRIC MEASUREMENTS    1.  MEASUREMENT METHODS    1.1. During photometric measurements, stray reflections shall be prevented by appropriate masking.       1.2. Should the results of measurements be challenged, measurements shall be carried out in such a way as to meet the following requirements:      1.2.1. the distance of measurement shall be such that the law of the inverse of the square of the distance is applicable;           1.2.2. the measuring equipment shall be such that the angular aperture of the receiver viewed from the reference centre of the lamp is between 10' and 1º.        1.2.3.  the intensity requirement for a particular direction of observation shall be deemed to be satisfied if that requirement is met in a direction deviating by not more than 15' from the direction of observation.  >PIC FILE= "T0011103">     2.1. The direction H = 0º and V = 0º corresponds to the reference axis (which, when the lamp is mounted on the vehicle, must be horizontal, parallel to the median longitudinal plane of the vehicle and oriented in the required direction of visibility). It passes through the centre of reference. The values shown in the table give, for the various directions of measurement, the minimum intensities as a percentage of the minimum required in the axis for each lamp (in the direction H = 0º and V = 0º).       2.2. If visual examination of a lamp appears to reveal substantial local variations of intensity, a check shall be made to ensure that no intensity measured between two of the directions of measurement referred to in 2.1 is:      2.2.1. for a minimum specification, below 50 % of the lower of the two minimum intensities prescribed for these directions of measurement;           2.2.2. for a maximum specification, above the lower of the two maximum intensities prescribed for these directions of measurement, increased by a fraction, expressed as a linear function, of the difference between the intensities prescribed for the said directions of measurement.                       ANNEX VI >PIC FILE= "T0011104">


title: Commission Directive 2010/69/EU of 22 October 2010 amending the Annexes to European Parliament and Council Directive 95/2/EC on food additives other than colours and sweeteners  Text with EEA relevance

text:
               23.10.2010

               EN

               Official Journal of the European Union

               L 279/22

         COMMISSION DIRECTIVE 2010/69/EU
   of 22 October 2010
   amending the Annexes to European Parliament and Council Directive 95/2/EC on food additives other than colours and sweeteners
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (1), and in particular Article 31 thereof,
   Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (2), and in particular Article 53 thereof,
   After consulting the Scientific Committee on Food and the European Food Safety Authority,
   Whereas:

               (1)

               European Parliament and Council Directive 95/2/EC on food additives other than colours and sweeteners (3) lays down a list of food additives that may be used in the European Union and the conditions for their use.

               (2)

               There have been technical developments in the field of food additives since the adoption of Directive 95/2/EC. This Directive should be adapted to take into account those developments.

               (3)

               In accordance with Article 31 of Regulation (EC) No 1333/2008 until the establishment of the Union lists of food additives as provided for in Article 30 of that Regulation is completed, the Annexes to Directive 95/2/EC shall be amended, where necessary, by measures adopted by the Commission.

               (4)

               The following stabilisers agar (E 406), carrageenan (E 407), locust bean gum (E 410), guar gum (E 412), xanthan gum (E 415), pectins (E 440), cellulose (E 460), carboxy methyl cellulose (E 466), oxidised starch (E 1404), monostarch phosphate (E 1410), distarch phosphate (E 1412), phosphated distarch phosphate (E 1413), acetylated distarch phosphate (E 1414), acetylated starch (E 1420), acetylated distarch adipate (E 1422), hydroxyl propyl starch (E 1440), hydroxy propyl distarch phosphate (E 1442), starch sodium octenyl succinate (E 1450), acetylated oxidised starch (E 1451) and emulsifier mono- and diglycerides of fatty acids (E 471) are currently authorised under Directive 95/2/EC for a variety of uses. These food additives have been allocated an acceptable daily intake (ADI) ‘not specified’ by the Scientific Committee on Food (hereinafter SCF) and therefore do not present any hazard to the health of consumers. There is a technological need to extend their uses to unflavoured live fermented cream products and substitute products with a fat content of less than 20 % to ensure the stability and integrity of the emulsion. This use would benefit the consumer by providing the choice of reduced fat fermented cream products with similar properties as to the ordinary product. It is therefore appropriate to authorise this additional use.

               (5)

               In 1990, the SCF evaluated sodium and potassium salts of lactate (E 325 and E 326), potassium acetate (E 261), sodium acetate (E 262i) and sodium hydrogen acetate (E 262ii) and came to the conclusion that they are all naturally present as constituents in food and estimates of their intake are likely to be insignificant compared to the intake from natural sources. Therefore they were all allocated a ‘group ADI not specified’. Consequently, these food additives are generally permitted for use in all foodstuffs, other than those referred to in Article 2(3) of Directive 95/2/EC. There is a proposal to extend the use of these food additives into pre-packed preparations of fresh minced meat to control the growth of microbial pathogens, e.g. Listeria, E. coli O157. Based on this technological justification, and taking into account that this use raises no safety concern, it is appropriate to permit the additional use of these food additives in pre-packed preparations of fresh minced meat.

               (6)

               Sorbates (E 200, E 202, E 203) and benzoates (E 210, E 211, E 212, E 213) are currently permitted as food additives under Directive 95/2/EC. An additional use as preservative of these food additives is proposed in seaweed-based fish product analogues (caviar analogues made of seaweed) as topping on various foods in order to prevent the growth of moulds and yeasts and the formation of mycotoxins. These salts are allocated an ADI of 0-25 mg/kg bw and 0-5 mg/kg/ bw respectively. On the basis of a worst case scenario where the maximum concentrations were used, the intake estimates are very low compared to the ADI. The exposure of the consumer as a result of this use does not give rise to safety concern. It is therefore appropriate to permit the additional use of sorbates and benzoates in seaweed based fish analogue products, bearing in mind the technological justification and the fact that this new product represents a niche market.

               (7)

               The use of sorbates (E 200, E 202, E 203) and benzoates (E 210, E 211, E 212, E 213) is requested for beers in keg to which more than 0,5 % fermentable sugars and/or fruit juices or concentrates have been added and which are directly served on draft. These beers in keg may stay connected to the beer tap for a longer time. As the connection of the keg to the tap cannot be performed under sterile conditions, microbiological contamination of the keg is possible. This is a problem for beers which still contain fermentable sugars because this may lead to the growth of hazardous microorganisms. Therefore antimicrobial agents are required in draft beers and to which fermentable sugars and/or fruit juices or concentrates have been added. From an intake point of view, the consumption on draft of such fruit beers remains marginal and the intake estimates for sorbates and benzoates, on the grounds of a ‘worst case approach’, should be below their respective ADIs. Therefore it is appropriate to permit the additional use of sorbates and benzoates in beer in kegs containing more than 0,5 % added fermentable sugar and/or fruit juices or concentrates.

               (8)

               To prevent the development of moulds on citrus fruit, their post harvest treatment with pesticides such as imazalil and thiabendazole is authorised. Sorbates (E 200, E 202, E 203) could be used to replace these pesticides partly or completely for the treatment of citrus fruit. Sorbates can be applied on the surface of the unpeeled fresh citrus fruit via the authorised waxes: beeswax, candelilla wax, carnauba wax and shellac (E 901, E 902, E 903 and E 904 respectively). The exposure of the consumer to these additives due to this use is not a cause of safety concern. It is therefore appropriate to authorise its additional use.

               (9)

               Consumers may choose to supplement their intake of some nutrients with food supplements. For that purpose, vitamin A and combinations of vitamins A and D can be added to food supplements, as defined by Directive 2002/46/EC of the European Parliament and of the Council (4). For reasons of safe handling, vitamin A and combinations of vitamins A and D have to be formulated into preparations that may require high humidity and high temperature, in the presence of starches and sugars. Such processing may favour the development of microorganisms. In order to prevent the growth of these microorganisms, the addition of sorbates (E 200, E 202, E 203) and benzoates (E 210, E 211, E 212 and E 213) should be authorised in vitamin A and in combinations of vitamins A and D when used in food supplements supplied in dried form.

               (10)

               Sulphur dioxide and sulphites (E 220, E 221, E 222, E 223, E 224, E 226, E 227, E 228) are food additives authorised under Directive 95/2/EC which act primarily as antimicrobial agents and controlling chemical spoilage. Nowadays, transport of fresh fruit has become very important, in particular by sea freight. Such transport may be several weeks. The use of sulphur dioxide and sulphites will protect fresh blueberries against fungi growth. The additional use of sulphur dioxide and sulphites should be authorised in order to help preserve fresh blueberries against fungi growth, bearing in mind that this is likely to represent a niche market. Taking also into consideration the sound technological reasons for including these new authorisations, the need to facilitate worldwide trade and its negligible impact in term of sulphur and sulphite intake, it is therefore appropriate to authorise the additional use of sulphur dioxide in blueberries at the concentration level indicated in the Annex to this Directive.

               (11)

               For the production of cinnamon sticks (Cinnamomum ceylanicum only), also known as ‘quills’, the fresh peels of the inner bark of the cinnamon tree is used. The peel is exposed to microbial contamination and insect attacks, particularly under tropical and humid climatic conditions, in the producing country. Sulphur dioxide fumigation is an appropriate treatment against such microbial contamination and insect attacks. In 1994, the SCF established an ADI of 0-0,7 mg/kg bw and considered that the use of sulphur dioxide and other sulphiting agents should be limited in order to limit the occurrence of severe asthmatic reactions. Although the use of sulphur dioxide and sulphites should be limited, this specific use represents a negligible contributor in relation to the intake of sulphur dioxide and sulphites. It is therefore appropriate to authorise the additional use of sulphur dioxide and sulphites (E 220, E 221, E 222, E 223, E 224, E 226, E 227, E 228) only in this particular type of cinnamon.

               (12)

               The European Food Safety Authority (hereinafter EFSA) assessed the information on the safety of use of nisin in an additional food category of liquid eggs, and on the safety of nisin produced using a modified production process. The EFSA confirmed in its opinion on 26 January 2006 (5) the previously established ADI of 0-0,13 mg/kg for the nisin produced using a new manufacturing and extraction process based on fermentation of a sugar medium as a replacement for the traditionally milk-based medium. In this opinion, the EFSA also confirmed that the development of antibiotic resistance should not be expected from the use of nisin in food. According to the EFSA, there are no reports of nisin resistant bacterial mutants showing cross-resistance to therapeutic antibiotic. It considered that this is probably due to the differences between therapeutic antibiotics and nisin in terms of the antimicrobial mode of action. The EFSA furthermore confirmed in its opinion issued on 20 October 2006 (6) that the additional use of nisin in pasteurised liquid eggs under the intended conditions of use (maximum limit at 6,25 mg/l) is not a safety concern and is justified from a technological point of view to extend the shelf life of the product and also to prevent the growth of food poisoning spore-forming species, like Bacillus cereus, which may survive from pasteurisation treatment. It is therefore appropriate to authorise this additional use of nisin in pasteurised liquid egg.

               (13)

               Dimethyl dicarbonate (DMDC, E 242) is a food additive permitted under Directive 95/2/EC which acts as a preservative in non-alcoholic flavoured drinks, alcohol-free wine and liquid-tea concentrate. The authorisation of this additive was decided on the basis of a positive opinion issued by the SCF in 1990 and confirmed in 1996. The SCF was unable to set an ADI, as DMDC rapidly decomposes into carbon dioxide and methanol. In 2001, the SCF was requested to investigate the safety of use of DMDC in wine. At that time the SCF considered that the formation of methanol and other reaction products, such as methylcarbamate resulting from the use of DMDC for the treatment of alcoholic beverages and wine is similar to that formed in non-alcoholic beverages, and even a heavy consumption of wine would not pose any hazard from methanol and methylcarbamate. The use of DMDC has been requested in order to prevent spoilage as a result of fermentation in unopened non-sterile filled bottles of cider, perry and fruit wines, alcohol-reduced wine, wine-based drinks and all other products covered by Council Regulation (EEC) No 1601/91 (7). These additional uses are not considered as being of safety concern for the consumer. Moreover, the use of DMDC could contribute to the reduction of the sulphur dioxide exposure. It is therefore appropriate to authorise the additional uses of DMDC in cider, perry and fruit wines, alcohol-reduced wine, wine-based drinks and other products covered by Regulation (EEC) No 1601/91.

               (14)

               The EFSA assessed the information on the safety of use of extracts of rosemary when used as an antioxidant in foodstuffs. Extracts of rosemary are derived from Rosmarinus officinalis L. and contain several compounds which exert antioxidative functions (mainly phenolic acids, flavonoids, diterpenoids and triterpenes). Although the toxicological data on extracts of rosemary were insufficient for the EFSA to establish a numerical ADI, the EFSA considered in its opinion on 7 March 2008 (8) that the margin of safety was high enough to conclude that dietary exposure resulting from the proposed uses and use levels were of no safety concern. Extracts of rosemary can therefore be authorised where there is a technological justification for their use. The proposed uses of extracts of rosemary as antioxidant should be authorised and E 392 should be assigned as E number for extracts of rosemary.

               (15)

               Whey is a by-product of cheese manufacturing. Some whey protein containing drinks have been developed in order to provide a diet sufficiently rich in proteins. To keep the proteins in suspension during the heat treatment of such drinks, the phosphates must be at levels that are higher than for normal non-alcoholic flavoured drinks. Phosphates should be authorised in whey protein containing sport drinks.

               (16)

               Beeswax (E 901) is currently authorised as a glazing agent for use in small products of fine bakery wares coated with chocolate. This authorisation does not cover ice cream wafers that are not coated with chocolate. In addition to the fact that beeswax can be considered as an alternative to chocolate in pre-packed ice cream wafers, the coating of the wafers with beeswax would prevent the migration of water to the wafer and ensure its crunchiness and the extension of the shelf life of the product and is therefore considered technologically justified. Therefore beeswax should be authorised as a glazing agent to replace fully or partly the in-layer chocolate in pre-packed wafers containing ice-cream.

               (17)

               The EFSA assessed the information on the safety of use of beeswax considering its additional use as a carrier of flavourings in non-alcoholic flavoured drinks. Although the available data on beeswax itself were insufficient to establish an ADI, the EFSA came to the conclusion that, due to the low toxicological profile of beeswax, the existing food uses and the proposed new use of beeswax do not raise safety concern. It is therefore appropriate to authorise this additional use of beeswax as a carrier of flavourings in non-alcoholic flavoured drinks.

               (18)

               Triethyl citrate (E 1505) is currently authorised within the EU under Directive 95/2/EC as a carrier in flavourings, and in dried egg white. Its ADI was established by the SCF in 1990 at 0-20 mg/kg. An extension of use of triethyl citrate has been proposed as glazing agent of food supplement tablets. Triethyl citrate would increase the film resistance of the coating, protecting the tablet from external environment and also increase the duration of release of the product. According to the worst case scenario, this additional source of triethyl citrate intake is negligible (0,25 % of the ADI) compared to the full ADI. Therefore it is appropriate to authorise the additional use of triethyl citrate at EU level as a glazing agent for food supplement tablets.

               (19)

               The EFSA assessed the information on the safety of polyvinyl alcohol (PVA) as a film-coating agent for food supplements and expressed its opinion on 5 December 2005 (9). The EFSA found the use of PVA in the coating of food supplements that are in the form of capsules and tablets to be of no safety concern. The EFSA considered that the potential human exposure to PVA under the intended conditions of use is expected to be low. PVA is reported to be minimally absorbed following oral administration. The maximum limit of use has been fixed at 18 g/kg based on the worst case scenario and on the basis of which the EFSA has undertaken its risk assessment. Due to the good adhesion qualities and film strength of polyvinyl alcohol, this new food additive is expected to play a technological role as film coating agent for food supplements, in particular in applications where moisture barrier and moisture protection properties are required. It is therefore appropriate to authorise this use at EU level. This new food additive should be assigned the E number E 1203.

               (20)

               The EFSA assessed the information on the safety of use of six grades of polyethylene glycols (PEG 400, PEG 3000, PEG 3350, PEG 4000, PEG 6000, PEG 8000) as film coating agents for use in food supplement products and expressed its opinion on 28 November 2006 (10). The EFSA found the use of these grades of polyethylene glycol as a glazing agent in film-coating formulations for food supplement tablets and capsules under the intended conditions of use of no safety concern. The EFSA has also taken into consideration in its risk assessment the additional source of exposure to these PEGs originating from the use of pharmaceutical products and considered that only a limited additional intake may result from the already approved use of PEG 6000 as carrier for sweeteners, as well as from the use of PEG in food contact materials. It is therefore appropriate to authorise this new use at EU level. In addition, due to the limited intake from PEG 6000 as carrier of sweeteners and its similar toxicological profile with respect to the other PEG grades (the six PEGs have been allocated a group tolerable daily intake (TDI), it is also appropriate to authorise the use of the PEGs evaluated by the EFSA as an alternatives to PEG 6000 as carrier of sweeteners. All these PEGs should be assigned E 1521 as E number.

               (21)

               The EFSA assessed the information on the safety of use of cassia gum as a new food additive acting as gelling agent and thickener and expressed its opinion on 26 September 2006 (11). The EFSA found the use of cassia gum as indicated under the conditions specified raised no safety concern. Although the EFSA considered the available toxicological data on cassia gum as insufficient to derive an ADI, they did not consider that the existing data gave cause for concern. In particular the EFSA highlighted the specific low absorption of cassia gum and the fact that, if hydrolysed at all, cassia gum would be degraded to compounds that will enter the normal metabolic pathways. There is a technological justification for the use of cassia gum through its synergistic gelling effects when added to other regular food gums. It is therefore appropriate to authorise these uses at EU level and to assign E 427 as E number for cassia gum.

               (22)

               The EFSA evaluated the safety of neotame as a flavour enhancer and expressed its opinion on 27 September 2007 (12). The EFSA concluded that neotame is of no safety concern with respect to the proposed uses as a flavour enhancer and established an ADI of 0-2 mg/kg bw/day. Therefore it is necessary to authorise the use of neotame as a flavour enhancer.

               (23)

               The EFSA assessed the information on the safety of use of L-cysteine (E 920) in certain foodstuffs intended for infants and young children. The EFSA concluded in its opinion on 26 September 2006 (13) that its proposed use in processed cereal-based foods and foods (specifically baby biscuits) for infants and young children is of no safety concern. Biscuits for infants and young children are required to have a suitable composition, including a controlled content of sugar and fat. However, biscuits with a low fat content have increased brittleness with an associated risk of choking and suffocation due to the biscuit breaking in the child’s mouth. The function of the L-cysteine is to act as a dough improver to control the texture of the final product. It is therefore appropriate to authorise the use of L-cysteine in biscuits for infants and young children at EU level.

               (24)

               EFSA assessed the safety of use of an enzyme preparation based on thrombin with fibrinogen derived from cattle and/or pigs as a food additive for reconstituting food and concluded in its opinion on 26 April 2005 that this use of the enzyme preparation when produced as outlined in the opinion is of no safety concern (14). However, the European Parliament in its Resolution of 19 May 2010 on the draft Commission Directive amending the Annexes to the European Parliament and Council Directive 95/2/EC on food additives other than colours and sweeteners, considered that the inclusion in Annex IV to Directive 95/2/EC of this enzyme preparation as a food additive for reconstituting food was not compatible with the aim and content of Regulation (EC) No 1333/2008, as it does not meet the general criteria of Article 6 of Regulation (EC) No 1333/2008, especially in paragraph 1(c) of Article 6.

               (25)

               Commission Decision 2004/374/EC (15) suspended the placing on the market and import of jelly mini-cups containing gel-forming food additives derived from seaweed and certain gums (E 400, E 401, E 402, E 403, E 404, E 405, E 406, E 407, E 407a, E 410, E 412, E 413, E 414, E 415, E 417, E 418) due to the risk of choking posed by these products. Directive 95/2/EC was amended accordingly by Directive 2006/52/EC of the European Parliament and of the Council (16). Commission Decision 2004/374/EC should therefore be repealed as its provisions have been included in Directive 95/2/EC.

               (26)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, and neither the European Parliament nor the Council has opposed them,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes II to VI to Directive 95/2/EC are amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 31 March 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with Article 1 of this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 1 April 2011 at the latest.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   Commission Decision 2004/374/EC is repealed.
   Article 4
   This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 22 October 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 354, 31.12.2008, p. 16.

      (2)  OJ L 31, 1.2.2002, p. 1.

      (3)  OJ L 61, 18.3.1995, p. 1.

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

      (5)  Scientific opinion of the Panel on Food Additives, Flavourings, Processing Aids and Material in Contact with Food on a request from the Commission related to the use of nisin (E 234) as a food additive, The EFSA Journal (2006) 314, p. 1.

      (6)  Scientific opinion of the Panel on Food Additives, Flavourings, Processing Aids and Material in Contact with Food on the safety in use of nisin as a food additive in an additional category of liquid eggs and on the safety of nisin produced using a modified production process as a food additive, The EFSA Journal (2006) 314b, p. 1.

      (7)  OJ L 149, 14.6.1991, p. 1.

      (8)  Scientific opinion of the Panel on Food Additives, Flavourings, Processing Aids and Material in Contact with Food on a request from the Commission related to the use of rosemary extracts as a food additive, The EFSA Journal (2008) 721, p. 1.

      (9)  Scientific opinion of the Panel on Food Additives, Flavourings, Processing Aids and Material in Contact with Food on a request from the Commission related to the use of polyvinyl alcohol as a coating agent for food supplement, The EFSA Journal (2005) 294, p. 1.

      (10)  Scientific opinion of the Panel on Food Additives, Flavourings, Processing Aids and Material in Contact with Food on a request from the Commission related to the use of polyethylene glycol (PEG) as a film coating agent for use in food supplement products, The EFSA Journal (2006) 414, p. 1.

      (11)  Scientific opinion of the Panel on Food Additives, Flavourings, Processing Aids and Material in Contact with Food on a request from the Commission related to an application on the use of cassia gum as a food additive, The EFSA Journal (2006) 389, p. 1.

      (12)  Scientific opinion of the Panel on Food Additives, Flavourings, Processing Aids and Material in Contact with Food on a request from the Commission on neotame as a sweetener and flavour enhancer, The EFSA Journal (2007) 581, p. 1.

      (13)  Scientific opinion of the Panel on Food Additives, Flavourings, Processing Aids and Material in Contact with Food on a request from the Commission related to the use of L-cysteine in foods intended for infants and young children, The EFSA Journal (2006) 390, p. 1.

      (14)  Opinion of the Scientific Panel on Food Additives, Flavourings, Processing Aids and Materials in Contact with Food on a request from the Commission related to the use of an enzyme preparation based on thrombin: fibrinogen derived from cattle and/or pigs as a food additive for reconstituting food, The EFSA Journal (2005) 214, p. 1.

      (15)  OJ L 118, 23.4.2004, p. 70.

      (16)  OJ L 204, 26.7.2006, p. 10.

      ANNEX
      Annexes II to VI to Directive 95/2/EC are amended as follows:

                  (1)

                  Annex II is amended as follows:

                              (a)

                              the entry concerning ‘Pre-packed preparations of fresh minced meat’ is replaced by the following:

                                          ‘Pre-packed preparations of fresh minced meat

                                          E 261

                                          Potassium acetate

                                             quantum satis’

                                          E 262i

                                          Sodium acetate

                                          E 262ii

                                          Sodium hydrogen acetate

                                          E 300

                                          Ascorbic acid

                                          E 301

                                          Sodium ascorbate

                                          E 302

                                          Calcium ascorbate

                                          E 325

                                          Sodium lactate

                                          E 326

                                          Potassium lactate

                                          E 330

                                          Citric acid

                                          E 331

                                          Sodium citrates

                                          E 332

                                          Potassium citrates

                                          E 333

                                          Calcium citrates

                              (b)

                              at the end of the Annex, the following entry is added:

                                          ‘Unflavoured live fermented cream products and substitute products with a fat content of less than 20 %

                                          E 406

                                          Agar

                                             quantum satis’

                                          E 407

                                          Carrageenan

                                          E 410

                                          Locust bean gum

                                          E 412

                                          Guar gum

                                          E 415

                                          Xanthan gum

                                          E 440

                                          Pectins

                                          E 460

                                          Cellulose

                                          E 466

                                          Carboxy methyl cellulose

                                          E 471

                                          Mono- and diglycerides of fatty acids

                                          E 1404

                                          Oxidised starch

                                          E 1410

                                          Monostarch phosphate

                                          E 1412

                                          Distarch phosphate

                                          E 1413

                                          Phosphated distarch phosphate

                                          E 1414

                                          Acetylated distarch phosphate

                                          E 1420

                                          Acetylated starch

                                          E 1422

                                          Acetylated distarch adipate

                                          E 1440

                                          Hydroxyl propyl starch

                                          E 1442

                                          Hydroxy propyl distarch phosphate

                                          E 1450

                                          Starch sodium octenyl succinate

                                          E 1451

                                          Acetylated oxidised starch

                  (2)

                  Annex III is amended as follows:

                              (a)

                              at the end of Part A, the following entries are added:

                                          ‘Seaweed-based fish analogue products

                                          1 000

                                          500

                                          Beer in kegs containing more than 0,5 % added fermentable sugar and/or fruit juices or concentrates

                                          200

                                          200

                                          400

                                          Unpeeled fresh citrus fruit (surface treatment only)

                                          20

                                          Food supplements as defined in Directive 2002/46/EC supplied in dried form containing preparations of vitamin A and of combinations of vitamin A and D

                                          1 000 in the product ready for consumption’

                              (b)

                              at the end of Part B, the following entries are added:

                                          ‘Blueberries (Vaccinium corymbosum only)

                                          10

                                          Cinnamon (Cinnamomum ceylanicum only)

                                          150’

                              (c)

                              Part C is amended as follows:

                                          (i)

                                          the entry concerning the additive E 234 is replaced by the following:

                                                      ‘E 234

                                                      Nisin (1)

                                                      Semolina and tapioca puddings and similar products

                                                      3 mg/kg

                                                      Ripened cheese and processed cheese

                                                      12,5 mg/kg

                                                         Clotted cream

                                                      10 mg/kg

                                                         Mascarpone

                                                      10 mg/kg

                                                      Pasteurised liquid egg (white, yolk or whole egg)

                                                      6,25 mg/l

                                          (ii)

                                          the entry concerning the additive E 242 is replaced by the following:

                                                      ‘E 242

                                                      Dimethyl dicarbonate

                                                      Non-alcoholic flavoured drinks
                                                      Alcohol-free wine
                                                      Liquid-tea concentrate

                                                      250 mg/l ingoing amount, residues not detectable

                                                      Cider, perry, fruit wines
                                                      Alcohol-reduced wine
                                                      Wine-based drinks and products covered by Regulation (EEC) No 1601/91

                                                      250 mg/l ingoing amount, residues not detectable’

                              (d)

                              in Part D the following entry is inserted after the entry concerning additive E 316:

                                          ‘E 392

                                          Extracts of rosemary

                                          Vegetable oils (excluding virgin oils and olive oils) and fat where content of polyunsaturated fatty acids is higher than 15 % w/w of the total fatty acid, for the use in non heat treated food products

                                          30 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)
                                          Expressed on fat basis

                                          Fish oils and algal oil

                                          50 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)
                                          Expressed on fat basis

                                          Lard, beef, poultry, sheep and porcine fat
                                          Fats and oils for the professional manufacture of heat-treated foodstuffs
                                          Frying oil and frying fat, excluding olive oil and olive pomace oil
                                          Snack foods (snack based on cereals, potatoes or starch)

                                          Sauces

                                          100 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)
                                          Expressed on fat basis

                                          Fine bakery wares

                                          200 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)
                                          Expressed on fat basis

                                          Food supplements as defined in Directive 2002/46/EC

                                          400 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)

                                          Dehydrated potatoes
                                          Egg products
                                          Chewing gum

                                          200 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)

                                          Milk powder for vending machines
                                          Seasoning and condiments
                                          Processed nuts

                                          200 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)
                                          Expressed on fat basis

                                          Dehydrated soups and broths

                                          50 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)

                                          Dehydrated meat

                                          150 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)

                                          Meat and fish products, excluding dehydrated meat and dried sausage

                                          150 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)
                                          Expressed on fat basis

                                          Dried sausage

                                          100 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)

                                          Flavourings

                                          1 000 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)

                                          Dried milk for the manufacturing of ice cream

                                          30 mg/kg
                                          (expressed as the sum of carnosol and carnosic acid)’

                  (3)

                  Annex IV is amended as follows:

                              (a)

                              in the entry concerning additives E 338, E 339, E 340, E 341, E 343, E 450, E 451 and E 452, the following row is inserted after the row concerning ‘vegetable protein drinks’:

                                          ‘Whey protein containing sport drinks

                                          4 g/kg’

                              (b)

                              the following entry is inserted before the entry concerning additives E 432, E 433, E 434, E 435 and E 436:

                                          ‘E 427

                                          Cassia gum

                                          Edible ices

                                          2 500 mg/kg

                                          Fermented milk products with the exception of unflavoured live fermented milk products

                                          Dairy-based dessert and similar products

                                          Filling, topping and coating for fine bakery wares and dessert

                                          Processed cheese

                                          Sauces and salads dressing

                                          Dehydrated soups and broths

                                          Heat-treated meat products

                                          1 500 mg/kg’

                              (c)

                              in the entry for E 901, E 902, and E 904, in the third column, under the use ‘As glazing agent only for’, the following entry is added:

                                                      ‘—

                                                      Pre-packed wafers containing ice cream (only for E 901)

                                             quantum satis’

                              (d)

                              in the entry for E 901, E 902, and E 904, in the third column, below the use as ‘Peaches and pineapples (surface treatment only)’, the following entry is added:

                                          ‘Flavourings in non-alcoholic flavoured drinks (only for E 901)

                                          0,2 g/kg in the flavoured drinks’

                              (e)

                              the following entry is inserted after the entry concerning the additive E 959:

                                          ‘E 961

                                          Neotame

                                          Water-based flavoured drinks, energy-reduced or with no added sugar

                                          2 mg/l as flavour enhancer

                                          Milk- and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar

                                          2 mg/l as flavour enhancer

                                          “Snacks”: certain flavours of ready-to-eat, pre-packed, dry, savoury starch products and coated nuts

                                          2 mg/kg as flavour enhancer

                                          Starch-based confectionery, energy-reduced or with no added sugar

                                          3 mg/kg as flavour enhancer

                                          Breath-freshening micro-sweets, with no added sugar

                                          3 mg/kg as flavour enhancer

                                          Strongly flavoured throat pastilles with no added sugar

                                          3 mg/kg as flavour enhancer

                                          Chewing gum with added sugar

                                          3 mg/kg as flavour enhancer

                                          Energy-reduced jams, jellies and marmalades

                                          2 mg/kg as flavour enhancer

                                          Sauces

                                          2 mg/kg as flavour enhancer

                                          Food supplements as defined in Directive 2002/46/EC supplied in a liquid form

                                          2 mg/kg as flavour enhancer

                                          Food supplements as defined in Directive 2002/46/EC supplied in a solid form

                                          2 mg/kg as flavour enhancer

                                          Food supplements as defined in Directive 2002/46/EC based on vitamins and/or mineral elements and supplied in a syrup-type or non-chewable form

                                          2 mg/kg as flavour enhancer’

                              (f)

                              the following entry is inserted after the entry concerning additive E 1202:

                                          ‘E 1203

                                          Polyvinyl alcohol

                                          Food supplements as defined in Directive 2002/46/EC in capsule and tablet form

                                          18 g/kg’

                              (g)

                              after the entry concerning the additive E 1202, the entry concerning only the food additive E 1505 is replaced by the following:

                                          ‘E 1505

                                          Triethyl citrate

                                          Food supplements as defined in Directive 2002/46/EC in capsule and tablet form

                                          3,5 g/kg

                                          Dried egg white

                                             quantum satis’

                              (h)

                              the following entry is inserted after the entry concerning the additive E 1452:

                                          ‘E 1521

                                          Polyethylene glycol

                                          Food supplements as defined in Directive 2002/46/EC in capsule and tablet form

                                          10 g/kg’

                  (4)

                  In Annex V, the entry concerning the additive ‘Polyethyleneglycol 6000’ is replaced by the following:

                              ‘E 1521

                              Polyethylene glycol

                              Sweeteners’

                  (5)

                  In Part 3 of Annex VI, the following entry is added after the entry concerning additive E 526:

                              ‘E 920

                              L-cysteine

                              Biscuits for infants and young children

                              1 g/kg’

         (1)  This substance may be present in certain cheeses as a result of fermentation process.’


Avis juridique important

|

31986L0360

Council Directive 86/360/EEC of 24 July 1986 amending Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles

Official Journal L 217 , 05/08/1986 P. 0019 - 0020 Finnish special edition: Chapter 7 Volume 3 P. 0140  Swedish special edition: Chapter 7 Volume 3 P. 0140

*****COUNCIL  DIRECTIVE  of 24 July 1986  amending Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles  (86/360/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas Directive 85/3/EEC (3) provides that the weight per driving axle of five or six-axle combined vehicles circulating in international traffic between Member States should be fixed as soon as possible;  Whereas the state of certain portions of the road network in Ireland and the United Kingdom does not make it possible at the present stage to apply all the provisions of that Directive; whereas the application of some of these provisions in those Member States should therefore be temporarily deferred under arrangements to be laid down by the Council by the end of June 1988 at the latest; whereas it is not possible to lay down those arrangements in this Directive; whereas in view of the need for substantial improvements to the relevant portions of the road networks which will take some years to complete, the conditions referred to in Article 75 (3) of the Treaty are at present fulfilled in those Member States and are expected to remain so when the Council takes its Decision; whereas in consequence that Decision will then be adopted unanimously,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Council Directive 85/3/EEC is hereby amended as follows:  1. Article 7 shall be replaced by the following:  'Article 7  After consulting the Commission, Member States shall take the measures necessary to comply with this Directive:  - as from 1 July 1986 as regards application of all provisions other than Article 4 and Annex II, as well as point 3.4 of Annex I,  - as from 1 January 1990 as regards the application of Article 4 and Annex II,  - as from 1 January 1992 as regards the application of point 3.4 of Annex I,  Member States shall inform the Commission of the measures they take to implement this Directive.';  2. the following two paragraphs shall be added to Article 8:  '3. The provisions of Article 3 as regards the standard referred to in point 3.4 of Annex I shall temporarily not apply to Ireland and the United Kingdom.  However, these two Member States shall apply Article 3 to the combined vehicles referred to in point 2.2 of Annex I where the weight per driving axle does not exceed 10,5 tonnes.  4. Before the end of 1987, the Commission shall submit to the Council a report on the development of the circumstances which have justified the derogation referred to in paragraph 3. This report shall be accompanied by a proposal concerning:  (i) the duration of the derogation, and  (ii) the procedure for periodic reviews of the circumstances justifying continuation of the derogation.  The Council shall decide on this proposal by 30 June 1988, in accordance with the procedures laid down in the Treaty.';  3. the following point shall be inserted in Annex I:  1.2.3 // '3.4.   // Driving axle of vehicles referred to in point 2.2   // 11,5 tonnes.'  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 24 July 1986.  For the Council  The President  A. CLARK  (1) OJ No C 124, 17. 12. 1971, p. 63; OJ No C 144, 15. 6. 1981, p. 80.  (2) OJ No C 61, 10. 6. 1972, p. 5; OJ No C 113, 7. 5. 1980, p. 14.  (3) OJ No L 2, 3. 1. 1985, p. 14.


Avis juridique important

|

31983L0515

Council Directive 83/515/EEC of 4 October 1983 concerning certain measures to adjust capacity in the fisheries sector

Official Journal L 290 , 22/10/1983 P. 0015 - 0019 Spanish special edition: Chapter 04 Volume 2 P. 0185  Portuguese special edition Chapter 04 Volume 2 P. 0185

COUNCIL DIRECTIVE of 4 October 1983 concerning certain measures to adjust capacity in the fisheries sector (83/515/EEC)    THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the the European Parliament (1),  Whereas recent changes in the law of the sea and the consequent establishment of 200-mile offshore economic zones have modified the situation confronting the fishing industry;  Whereas the precarious state of the stocks of some species in the Community fishing zones has led the Council to regulate fishing for these species and to fix allowable catch limits;  Whereas the Community fishing fleet has had to adjust to the new fishing conditions ; whereas this adjustment must continue;  Whereas it is important for the Community, in the interests of fishermen and consumers, to retain, during the period in which threatened stocks are being reconstituted, Member States' production capacity at the level needed for optimal exploitation of the reconstituted stocks at a later date;  Whereas the diversity of the socio-structural problems calls for separate solutions for each one in order to help maintain optimum productive capacity in each region and help develop the market ; whereas the best results can be obtained if on the basis of Community concepts and criteria the Member States introduce specific measures of social adjustment, taking the form of a financial aid, by way of national laws, regulations and administrative provisions;  Whereas the maintenance of the production capacity required in the medium term may be promoted by measures designed to secure a temporary reduction in the fishing activities of vessels which are liable to become unprofitable because of the catch restrictions ; whereas aid should be given, in the form of laving-up premiums, to fishermen who undertake to withdraw their vessels from operation and to recognized producers' organizations which draw up plans for reducing the amount of fishing done by their members;  Whereas the maintenance of productive capacity does not obviate the necessity of permanently reducing the capacity of fishing fleets, the technical characteristics of which make it difficult to adapt them to the types of fishing anticipated in the medium term within and outside the fishing zones of the Member States ; whereas such reduction in capacity can be encouraged by means  (1) OJ No C 6, 6.1.1978, p. 120.  of a cessation premium ; whereas the granting of this premium should be conditional on the vessel's first being struck off the register of fishing vessels so as to ensure that it is not again used for fishing in the waters of any Member Sate;  Whereas, in view of the benefit to the Community of these measures, it is appropriate that the Community should contribute to their cost ; whereas it must be able to ascertain that the provisions adopted by the Member States for their application are commensurate with the objectives to be attained ; whereas, for this purpose, there should be a procedure whereby close cooperation is maintained between the Member States and the Commission through the Standing Committee for the Fishing Industry;  Whereas this measure is of a specific character and may not therefore be treated as a common measure provided for in the EAGGF, Guidance Section,  HAS ADOPTED THIS DIRECTIVE:     Article 1 1. In order to assist, in the fisheries sector, the adjustment of the production capacity of fleets to the new catch possibilities, the Member States may, subject to the conditions laid down by this Directive, introduce a system of financial aid for measures relating to the temporary or permanent reduction of production capacity.  2. Subject to the conditions laid down by this Directive, the Community shall contribute to the expenditure incurred by the Member States under paragraph 1.    Article 2 The financial aid referred to in Article 1 may be granted to producers, whether natural or legal persons, operating one or more vessels flying the flag of one of the Member States, registered in the territory of the Community, the characteristics of which are specifically defined in the appropriate provisions of this Directive.    Article 3 1. The measures for the temporary reduction of production capacity referred to in Article 1 shall be carried out by means of the temporary laying-up of vessels the length of which between perpendiculars is 18 metres or more and which were commissioned after 1 January 1958.  2. The financial aid referred to in Article 1 consists of the granting to beneficiaries by the Member States and within the framework of the Decision referred to in Article 7 of a daily laying-up premium. This premium shall be:    - fixed on the basis of the supplementary days laid-up in comparison to the average recorded or assessed on a flat rate by category of vessel of the days laid-up in the three calendar years preceding the first application for the grant of the premium,       - calculated on the basis of a maximum of 12 % of the purchase cost or of the insured value of the vessel in question for an average annual period of fishing of 250 days.         3. The aid shall only be granted:    - to vessels which have engaged in fishing or replacing a vessel having engaged in fishing for a period of at least 120 days during the calendar year preceding the first application for the grant of such a premium,       - for periods laid-up of at least:      (i) 45 days per year for vessels covered by the laying-up plans set out in Article 4 (1) (a),           (ii) 45 consecutive days per year for vessels covered by the undertaking set out in Article 4 (1) (b).                    4. Where the premium is assessed on a flat rate by category of vessel, the average referred to in paragraph 2 may in no case be less than 115 days.    Article 4 1. The laying-up premium referred to in Article 3 (2) shall be granted subject to:    (a) in the case of recognized producer organizations  the drawing up of plans for the laying-up of the vessels owned by their members in order to reduce fishing activity. Laying-up plans must include the following:      - the name and technical specifications of the vessels concerned,           - the laying-up programme for each vessel,           - the home port or ports during periods of temporary laying-up;                   (b) in the case of other recipients  a written undertaking by the recipient that the fishing activity of one or more vessels owned by him will be suspended for a given period and that any change of home port while the vessel or vessels concered are laid up will be notified.         2. Member States may pay the premium, entirely or in part, taking account of the laying-up plans or undertakings given and of the average number of days laid-up recorded during the preceding three calendar years, as soon as the vessel in question has completed a minimum laying-up period such as provided for in the second indent of Article 3 (3). Any premium still payable for laying-up periods completed in excess of each period of 45 days shall not be granted until the end of the year.    Article 5 1. The measures to reduce production capacity permanently, referred to in Article 1, concern vessels the length of which between perpendiculars is 12 metres or more. They shall be effected by means of:    - scrapping,       - the definitive transfer to a third country, or       - the assignment of vessels to purposes other than fishing in Community waters.         2. The financial aid referred to in Article 1 shall consist of the grant by Member States to the owner of a final cessation premium, fixed on a flat-rate basis per gross registered ton, in the context of the Decision referred to in Article 7 and after the issue of the certificate witnessing that the vessel has been struck off the register of fishing vessels.  3. The final cessation premium shall be granted in respect only of vessels which have engaged in fishing for at least 100 days during the calendar year preceding the application for the premium.  4. All Member States shall take the necessary measures to ensure that vessels for which final cessation premiums have been paid are permanently barred from fishing in Community waters.  5. Member States shall forward a list of vessels for which the premium referred to in paragraph 2 has been granted to the Commission. This list shall be published in the Official Journal of the European Communities.    Article 6 1. For each of the measures referred to in Article 1, the Member States shall submit to the Commission:    - a forward plan of the-measures proposed,       - a forecast of estimated annual expenditure,       - drafts of any laws, regulations or administrative provisions which they propose to adopt in implementation of this Directive, and       - the provisions enabling this Directive to be applied which predate its entry into effect.         2. When communicating to the Commission the information listed in paragraph 1, the Member States shall make clear the connection between the measure in question and the objectives of the other structural measures existing or anticipated in the fisheries sector.    Article 7 1. Once it has received the information provided for in Article 6, the Commission shall determine whether, on the basis of its conformity with this Directive and account being taken of the other structural measures existing or anticipated in the fisheries sector, the measures contemplated fulfil the conditions for financial contributions from the Community. Within two months of such communication, a decision on the matter shall be taken in accordance with the procedure laid down in Article 13.  2. The Member States shall communicate to the Commission the laws, regulations and administrative provisions adopted following the decision referred to in paragraph 1 as soon as they are adopted.    Article 8 The Community's financial contribution to the aids granted by the Member States under the conditions imposed by this Directive shall be subject to a decision taken in accordance with Article 7 (1) on the national provisions governing them.    Article 9 1. Subject to the conditions set out in the following paragraphs, the Member States' expenditure resulting  from the grant of the aid referred to in Article 1 shall be eligible for Community reimbursement.  2. Only the Member States' expenditure resulting from aid for which the decision to grant it was taken within three years of the date of entry into effect of this Directive shall be eligible.  3. The eligibility of expenditure resulting from the aid referred to in Article 5 shall be restricted to 650 ECU per gross registered ton.  4. Within the limits of the appropriations entered in the budget for that purpose the Community shall reimburse 50 % of the Member States' eligible expenditure.  The total cost charged to the Community's budget is estimated at:    - 44 million ECU for the financial aid referred to in Article 3,       - 32 million ECU for the financial aid referred to in Article 5.         5. Any detailed arrangements for the application of this Article shall be adopted in accordance with the procedure referred to in Article 13.    Article 10 1. Applications for reimbursement shall relate to expenditure incurred over a calendar year by the Member States and shall be submitted to the Commission before 1 June of the following year.  2. The Commission shall take a decision on these applications, all at once or on several occasions, after consulting the Standing Committee for the Fishing Industry.  3. Advances may be granted by the Commission.  4. Detailed rules for the application of paragraphs 1 and 3 shall be adopted in accordance with the procedure laid down in Article 13.    Article 11 Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (1), as last amended by Regulation (EEC) No 3509/80 (2), shall apply mutatis mutandis to operations financed under this Directive.    Article 12 Articles 92,93 and 94 of the Treaty shall apply, in the field covered by this Directive, to national aid other than that provided for in Articles 3 and 5.    Article 13 1. Where the procedure referred to in this Article is to be followed the chairman of the Standing Committee for the Fishing Industry (hereinafter referred to as "the Committee") shall refer the matter to the Committee either on his own initiative or at the request of the representative of a Member State.  2. The representative of the Commission shall submit a draft of the measures to be taken. The Committee shall deliver its opinion on such measures within a time limit to be set by the chairman according to the urgency of the questions under consideration. An opinion shall be adopted by a majority of 45 votes, the votes of Member States being weighted in accordance with Article 148 (2) of the Treaty. The chairman shall not vote.  3. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee they shall forthwith be communicated by the Commission to the Council. In that event the Commission may defer application of the measures which it has adopted for not more than one month from the date of such communication. The Council, acting by a qualified majority, may take a different decision within one month.    Article 14 By way of derogation from Article 2 of Regulation (EEC) No 1223/83 (3), the amount mentioned in Article 9 (3) of this Directive shall be converted into  (1) OJ No L 94, 28.4.1970, p. 13. (2) OJ No L 367, 31.12.1980, p. 87. (3) OJ No L 132, 21.5.1983, p. 33.  national currencies at the representative rates in force on 1 January of the year during which the premium mentioned in Article 5 (2) of this Directive is granted.    Article 15 Member States which introduce the system of financial aid provided for in Article 1 must do so within six months of notification of this Directive (1).    Article 16 This Directive is addressed to the Member States.     Done at Luxembourg, 4 October 1983.  For the Council  The President  C. SIMITIS  (1) This Directive was notified to the Member States.