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31987L0238

Commission Directive 87/238/EEC of 1 April 1987 amending the Annexes to Council Directive 74/63/EEC on undesirable substances and products in animal nutrition

Official Journal L 110 , 25/04/1987 P. 0025 - 0026 Finnish special edition: Chapter 3 Volume 23 P. 0121  Swedish special edition: Chapter 3 Volume 23 P. 0121

*****COMMISSION  DIRECTIVE  of 1 April 1987  amending the Annexes to Council Directive 74/63/EEC on undesirable substances and products in animal nutrition  (87/238/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 74/63/EEC of 17 December 1973 on undesirable substances and products in animal nutrition (1), as last amended by Directive 86/354/EEC (2), and in particular Article 6 thereof,  Whereas Directive 74/63/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge;  Whereas it is necessary to limit the cadmium content of feedingstuffs and certain raw materials used for the manufacturing of feedingstuffs to protect animal and human health and the environment;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annexes to Directive 74/63/EEC are hereby amended as set out in the Annex hereto.  Article 2  Member States shall, by 3 December 1988 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with Article 1. They shall immediately inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 1 April 1987.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 38, 11. 2. 1974, p. 31.  (2) OJ No L 212, 2. 8. 1986, p. 27.  ANNEX  1. In Annex I (A) 'Substances (ions or elements)', the following item is added:  1.2.3 //  //  //  // Substances, products  // Feedingstuffs  // Maximum content in mg/kg (ppm) of feedingstuff, at a moisture content of 12 %   //    //   //   // (1)  // (2)  // (3)   //    //   //   // '6. Cadmium   // Straight feedingstuffs of vegetable origin   // 1   //   // Straight feedingstuffs of animal origin (with the exception of feedingstuffs for pets)   // 2   //   // Phosphates   // 10 (3)   //   // Complete feedingstuffs for cattle, sheep and goats (with the exception of complete feedingstuffs for calves, lambs and kids)   // 1   //   // Other complete feedingstuffs (with the exception of feedingstuffs for pets)   // 0,5   //  // Mineral feedingstuffs   // 5 (4)   //   // Other complementary feedingstuffs for cattle, sheep and goats  // 0,5   //    //   //  (3) Member States may also prescribe a maximum cadmium content of 0,5 mg per 1 % of the phosphorus content.  (4) Member States may also prescribe a maximum cadmium content of 0,75 mg per 1 % of the phosphorus content.'  2. In Annex II (A), the following item is added:  1.2.3 //  //  //  // Substances, products  // Raw Materials  // Maximum content in mg/kg (ppm) of raw material, at a moisture content of 12 %   //    //   //   // (1)  // (2)  // (3)   //    //   //   // '2. Cadmium   // Phosphates  // 15 (1)   //    //   //  (1) Member States may also prescribe a maximum cadmium content of 0,75 mg per 1 % of the phosphorus content.'


title: Council Directive 2009/143/EC of 26 November 2009 amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing

text:
               4.12.2009

               EN

               Official Journal of the European Union

               L 318/23

      COUNCIL DIRECTIVE 2009/143/EC
   of 26 November 2009
   amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               Under Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (2) the responsible official bodies in the Member States may only delegate the tasks provided for in that Directive, including laboratory testing, to a legal person which under its officially approved constitution is charged exclusively with specific public functions.

               (2)

               The laboratory tests which have to be carried out in the framework of Directive 2000/29/EC are of a highly technical nature and concern different scientific fields. Such tests require a wide range of different and expensive technical facilities and highly specialised laboratory staff capable of adapting to the rapid development of diagnostic methodology. The number of tests to be carried out has been growing over recent years. As a result, it has grown increasingly difficult to find legal persons fulfilling all the necessary requirements.

               (3)

               For these reasons it is appropriate to provide that the numerous and diverse laboratory tests required under Directive 2000/29/EC may, in addition to legal persons which are exclusively charged with specific public functions, be delegated to legal persons not fulfilling this requirement, such as universities, research institutes or private laboratories in any legal form recognised in the Member State in accordance with their national legislation, provided that they satisfy certain conditions.

               (4)

               It is appropriate that the responsible official bodies verify that the legal persons, to which the execution of the laboratory testing is delegated, can assure quality. They should for example be impartial, free of conflict of interest and able to ensure reliable results and protection of confidential information.

               (5)

               At the same time it is appropriate to allow legal persons carrying out delegated tasks in accordance with Directive 2000/29/EC to use their laboratories for testing activities which do not form part of their specific public functions.

               (6)

               The issue of an appropriate diagnostic infrastructure is one of the issues addressed in the ongoing evaluation of the plant health legislation. However, without prejudice to the outcome of the review, it is appropriate in the short term to modify the requirements on the delegation of laboratory testing to existing needs.

               (7)

               The second subparagraph of Article 2(1)(g) of Directive 2000/29/EC should therefore be amended accordingly.

               (8)

               In accordance with point 34 of the Interinstitutional agreement on better law-making (3), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   The second subparagraph of Article 2(1)(g) of Directive 2000/29/EC shall be replaced by the following:

      ‘The responsible official bodies in a Member State may, in accordance with national legislation, delegate the tasks provided for in this Directive to be accomplished under their authority and supervision to a legal person, whether governed by public or private law, provided that such person, and its members, has no personal interest in the outcome of the measure it takes.
      The responsible official bodies in the Member States shall ensure that the legal person referred to in the second subparagraph is, under its officially approved constitution, charged exclusively with specific public functions, with the exception of laboratory testing which such legal person may perform even where the laboratory testing does not form part of its specific public functions.
      Notwithstanding the third subparagraph, the responsible official bodies in a Member State may delegate the laboratory testing provided for in this Directive to a legal person which does not comply with that provision.
      The laboratory testing may only be delegated if the responsible official body ensures throughout the time of the delegation that the legal person to which it delegates laboratory testing can assure impartiality, quality and protection of confidential information, and that no conflict of interest exists between the exercise of the tasks delegated to it and its other activities.’

   Article 2
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 2011. They shall forthwith inform the Commission thereof.
   When they are adopted by Member States, those 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.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 26 November 2009.

            For the Council

            The President

         J. BJÖRKLUND

      (1)  Opinion of 20 October 2009 (not yet published in the Official Journal).

      (2)  OJ L 169, 10.7.2000, p. 1.

      (3)  OJ C 321, 31.12.2003, p. 1.


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31972L0221

Council Directive 72/221/EEC of 6 June 1972 concerning coordinated annual surveys of industrial activity

Official Journal L 133 , 10/06/1972 P. 0057 - 0060 Finnish special edition: Chapter 13 Volume 2 P. 0099  Danish special edition: Series I Chapter 1972(II) P. 0503  Swedish special edition: Chapter 13 Volume 2 P. 0099  English special edition: Series I Chapter 1972(II) P. 0523  Greek special edition: Chapter 13 Volume 1 P. 0246  Spanish special edition: Chapter 16 Volume 1 P. 0026  Portuguese special edition Chapter 16 Volume 1 P. 0026

COUNCIL DIRECTIVE  of 6 June 1972  concerning coordinated annual surveys of industrial activity  (72/221/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 213 thereof;  Having regard to the proposal from the Commission;  Whereas, in order to carry out the tasks entrusted to it under the Treaty, the Commission must have at its disposal up-to-date statistics, comparable as between States, on the structure, importance and development of industry and small craft industries in Member States;  Whereas, when the industrial census was being prepared in 1963, the Commission found it necessary to draw the attention of the Governments of Member States to the fact that the development of the industrial economy in a common market requires that industrial statistics should provide certain minimum data ; whereas the information available in the various Member States is inadequate or insufficiently comparable to serve as a reliable basis for the work of the Commission;  Whereas the European Economic Community has in the meantime made substantial progress towards integration ; whereas new economic policies and guidelines call for initiatives and decisions based on valid statistics ; whereas the statistics available in industry and small craft industries are not yet up to the standards appropriate to this economic situation.  Whereas these deficiencies make it difficult to extract from the industrial statistics now available in the various Member States information which could serve as a reliable basis for the work of the Commission, in particular as regards medium-term economic policy, industrial policy, and competition policy;  Whereas comparable information on industrial activity must be obtained from the Member States and whereas for that reason it is necessary to carry out surveys which are coordinated as regards content, coverage, concepts and definitions, methods, and breakdown by industrial activity and size of statistical unit, for the purpose of collecting a body of coherent statistics whereby it will be possible to analyse the situation and economic development of the various branches of industry, and the potential for or obstacles to their growth ; whereas these statistics will also provide the data necessary for calculating the contribution of industry and small craft industries to the national product and for other work in the sphere of statistical and economic synthesis;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Member States, in technical cooperation with the Commission, shall take all necessary steps for collecting annual statistical data with a view to drawing up coherent statistics on the structure and productive activity of industry in the Member States. This first collection of data shall be made in 1974, at the latest and shall relate to the preceding year.   Article 2 The surveys shall cover all industrial undertakings and small businesses, if any, which employ twenty or more persons and whose principal activity is listed in one of the Divisions of the Nomenclature of Economic Activities in the European Communities (NACE), for industry, including energy and water, and also construction (NACE 1 to 5).  Surveys shall, at least once in every five years, be extended to cover undertakings employing fewer than 20 persons. The Commission, in agreement with the Member States, shall appoint the years in which the surveys shall be so extended.   Surveys into undertakings employing fewer than twenty persons may be carried out by means of sampling.   Article 3 The statistical units shall be the undertaking, the economic activity unit and, where regional statistics are concerned, also the local unit. Statistical units are defined in Part I of the NACE.   Article 4 Surveys shall cover the variables listed in the Annex to this Directive. During the first stage, which shall start in 1974 at the latest, the surveys need not include data relating to the variables shown in brackets. For the 1977 survey, covering the year 1976, and subsequently, Member States shall collect data relating to all the variables listed in the Annex.  Data to be collected on undertakings employing from twenty to ninety-nine persons shall, however, cover only the variables concerning the number of persons employed, turnover, gross wages and salaries paid, and also purchases of raw materials, intermediate products and industrial services.  As regards periodical surveys into undertakings employing fewer than twenty persons, the Commission shall, before the end of 1975, put forward proposals on the data to be collected.  From the first survey onwards data on local units (enterprise) shall be collected in respect of the following variables:    - total number of persons employed other than home workers;       - gross salaries and wages paid out, including the amount paid to home workers on the payroll;       - total of investments in fixed capital.         The information last referred to shall supplement the data by undertaking collected annually in respect of investments, in compliance with Council Directive No 64/475/EEC of 30 July 1964 1.   Article 5 With the exception of information subject to statistical secrecy under national law, the results of the surveys recorded in accordance with a common schedule of tables and broken down by industrial activity corresponding to the three-digit NACE headings shall be forwarded annually to the Commission.  The Commission shall, with the agreement of the Member States, determine the exceptions to the general rule governing break-down by industrial activity, the details relating to the presentation of results, including the break-down according to size of statistical unit, and the form in which results should be forwarded.  Member States in which the collection and processing of data are based on a nomenclature of activities other than the NACE shall take all necessary measures to ensure that results expressed in their nomenclature shall be adequately transposed into the Community nomenclature.   Article 6 Member States shall take all appropriate steps to reduce to a minimum the time taken in carrying out and processing the surveys, in order that the results may be available to the Commission as soon as possible.   Article 7 The cost of carrying out these surveys in the Member States shall be borne by the national budgets.   Article 8 This Directive is addressed to the Member States.     Done at Luxembourg, 6 June 1972.  For the Council  The President  G. THORN  1OJ No 131, 13.8.1964, p. 2193/64.     ANNEX variables adopted for the collection of data by undertaking and data according to units of economic activity (EAU) >PIC FILE= "T0010479">   >PIC FILE= "T0010480">


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31995L0071

Council Directive 95/71/EC of 22 December 1995 amending the Annex to Directive 91/493/EEC laying down the health conditions for the production and the placing on the market of fishery products

Official Journal L 332 , 30/12/1995 P. 0040 - 0041

COUNCIL DIRECTIVE 95/71/ECof 22 December 1995amending the Annex to  Directive 91/493/EEC laying down the health conditions for the production and the placing on the  market of fishery productsTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for  the production and the placing on the market of fishery products (1) and in particular Article 13  thereof, Having regard to the proposal from the Commission, Whereas Council Directive 92/48/EEC of 16 June 1992 laying down the minimum hygiene rules  applicable to fishery products obtained on board certain vessels in accordance with Article 3 (1)  (a) (i) of Directive 91/493/EEC (2) provides that freezer vessels shall be entered in a list kept  regularly up to date by the competent authority; Whereas fishery products obtained on board freezer vessels which meet the hygiene requirements laid  down in Directive 92/48/EEC should be permitted to be placed on the market on the same  identification terms as fishery products frozen in establishments on land; whereas the Annex to  Directive 91/493/EEC should therefore be amended accordingly; Whereas certain problems of application reported by the Member States call for the clarification of  certain technical aspects of Directive 91/493/EEC, to enable the provisions to be uniformly applied  in the Community, especially in connection with the identification of fishery products marketed, HAS ADOPTED THIS DIRECTIVE: Article 1 The Annex to Directive 91/493/EEC is hereby amended as follows: (1) Chapter I (II) (5) shall be replaced by the following: '5. On-board processing of fishery products must be carried out under the conditions of hygiene  laid down in Section II, points 2 and 3, Section IV and Section V of Chapter IV of this Annex.'(2)  The second sentence of Chapter IV (I) (3) shall be replaced by the following: 'Fillets and slices must not remain on work tables any longer than is necessary for their  preparation and must be protected from contamination by appropriate packaging.'(3) Chapter IV  (IV), point 1 shall be replaced by the following: 'Fresh, frozen and thawed products used for processing must comply with the requirements set out in  I, II or III of this Chapter.'(4) The first sentence of Chapter IV (IV) (4) (d) shall be replaced  by the following: '(d) samples must be taken of production each day at predetermined intervals to ensure the efficacy  of sealing or of any other method of hermetic closure.'(5) In Chapter IV (V) (3) (c) the verb  'destroy' shall be replaced by the verb 'kill'. (6) The first sentence of the second paragraph of Chapter V (II) (3) (A) (b) shall be replaced by  the following: 'These limits apply only to fish species of the following families: scombridae, clupeidae,  engraulidae and coryphaenidae.'(7) Chapter VII shall be replaced by the following: 'CHAPTER VIIIDENTIFICATIONWithout prejudice to the provisions of Directive 79/112/EEC, it must be  possible to trace for inspection purposes the establishment of dispatch of consignments of fishery  products, by means either of labelling or of the accompanying documents. For that purpose, the following information must appear on the packaging or, in the case of a  non-packaged product, in the accompanying documents: - the country of dispatch, which may be written out in full or shown as an abbreviation, using  capital letters, i. e. for the Member States of the Community, one of the following: B - DK - D - EL - E - F - IRL - I - L - NL - P - UK - AT - FI - SE, - identification of the establishment or factory vessel by its official approval number or, in the  case of marketing from a freezer vessel covered by point 7 of Annex II to Directive 92/48/EEC, the  identification number of the vessel, or, in the case of separate registering of auction or  wholesale markets as laid down in the third subparagraph of Article 7 (1) of this Directive, the  registration number of the auction or wholesale market, - one of the following abbreviations: CE - EC - EG - EK - EF - EY. All the letters and figures must be fully legible and grouped together on the packaging in a place  where they are visible from the outside without any need to open the said packaging.'Article 2  1. The Member States shall bring into force the laws, regulations and administrative provisions  necessary to comply with this Directive before 1 July 1997. They shall notify the Commission  thereof. However, products prepared before the date on which this Directive is brought into effect  shall not be covered by the provisions of Chapter VII of Directive 91/493/EEC as amended by this  Directive. When Member States adopt these measures, they shall contain a reference to this Directive or shall  be accompanied by such references on the occasion of their official publication. The methods of  making such a reference shall be laid down by the Member States. 2. Member States shall communicate to the Commission the text of the main provisions of national  law which they adopt in the field covered by this Directive. Article 3 This Directive shall enter into force on the day of its publication in the Official  Journal of the European Communities. Article 4 This Directive is addressed to the Member States. Done at Brussels, 22 December 1995. For the CouncilThe PresidentL. ATIENZA SERNA(1) OJ No L 268, 24. 9. 1991, p.  15. Directive as amended by the 1994 Act of Accession. (2) OJ No L 187, 7. 7. 1992, p. 41.


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31988L0126

Commission Directive 88/126/EEC of 22 December 1987 amending Directive 87/94/EEC on the approximation of the laws of the Member States relating to procedures for the control of characteristics of, limits for and resistance to detonation of straight ammonium nitrate fertilizers of high nitrogen content

Official Journal L 063 , 09/03/1988 P. 0012 - 0012 Finnish special edition: Chapter 13 Volume 17 P. 0035  Swedish special edition: Chapter 13 Volume 17 P. 0035

*****COMMISSION  DIRECTIVE  of 22 December 1987  amending Directive 87/94/EEC on the approximation of the laws of the Member States relating to procedures for the control of characteristics of, limits for and resistance to detonation of straight ammonium nitrate fertilizers of high nitrogen content  (88/126/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 80/876/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilizers of high nitrogen content (1), and in particular Article 8 thereof,  Having regard to Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers (2), and in particular Article 9 (2) thereof,  Whereas the length and the technical complexity of Commission Directive 87/94/EEC (3) - the various methods of analysis and test are taken from different technological disciplines - and the number of languagues to be made to correspond reveal, after adoption of the Directive by the Commission, that a linguistic revision and some technical corrections are necessary (4);  Whereas this linguistic revision and the technical corrections necessitate an extension of the time limit for complying with this Directive in the Member States, and a postponement of the date appears essential;  Whereas the amendments provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the removal of technical barriers to trade in fertilizers,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 87/94/EEC is hereby amended as follows:  In Article 2 (1), '31 December 1987' is replaced by '30 November 1988'.  Article 2  1. Member States shall take the measures necessary to comply with this Directive not later than 30 November 1988 and shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 22 December 1987.  For the Commission  COCKFIELD  Vice-President  (1) OJ No L 250, 23. 9. 1980, p. 7.  (2) OJ No L 24, 30. 1. 1976, p. 21.  (3) OJ No L 38, 7. 2. 1987, p. 1.  (4) See page 16 of this Official Journal.


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31999L0024

Commission Directive 1999/24/EC of 9 April 1999 adapting to technical progress Council Directive 93/32/EEC on passenger hand-holds on two-wheel motor vehicles (Text with EEA relevance)

Official Journal L 104 , 21/04/1999 P. 0016 - 0018

COMMISSION DIRECTIVE 1999/24/ECof 9 April 1999adapting to technical progress Council Directive 93/32/EEC on passenger hand-holds on two-wheel motor vehicles(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(1), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 16 thereof,Having regard to Council Directive 93/32/EEC of 14 June 1993 on passenger hand-holds on two-wheel motor vehicles(2), and in particular Article 3 thereof,(1) Whereas Directive 93/32/EEC is one of the separate Directives of the Community type-approval procedure introduced by Directive 92/61/EEC; whereas the provisions of Directive 92/61/EEC relating to vehicle systems, components and technical units therefore apply to that Directive;(2) Whereas developments in technology now permit an adaptation of Directive 93/32/EEC to technical progress; whereas in order to ensure the proper functioning of the type-approval system as a whole, it is therefore necessary to clarify further or complete certain provisions of the Directive concerned;(3) Whereas to this end it is necessary to adapt the provisions relating to the attachment of the strap and also the references contained in Part B of the information document;(4) Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for adaptation to technical progress set up by Article 13 of Council Directive 70/156/EEC(3), as last amended by Directive 98/91/EC of the European Parliament and of the Council(4),HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 93/32/EEC is hereby amended in accordance with the Annex to this Directive.Article 21. With effect from 1 January 2000, Member States shall not, on grounds relating to passenger hand-holds:- refuse, in respect of a type of two-wheel vehicle or a type of passenger hand-hold, to grant EC type-approval,- prohibit the registration, sale or entry into service of two-wheel motor vehicles or the sale or entry into service of passenger hand-holds,if the passenger hand-holds comply with the requirements of Council Directive 93/32/EEC as amended by this Directive.2. With effect from 1 July 2000, Member States shall refuse to grant EC type-approval for any type of two-wheel motor vehicle on grounds relating to passenger hand-holds or any type of passenger hand-hold, if the requirements of Directive 93/32/EEC, as amended by this Directive, are not fulfilled.Article 31. Member States shall adopt and publish, no later than 31 December 1999, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 January 2000.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 texts of the main provisions of national law that they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 9 April 1999.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 225, 10.8.1992, p. 72.(2) OJ L 188, 29.7.1993, p. 28.(3) OJ L 42, 23.2.1970, p. 1.(4) OJ L 11, 16.1.1999, p. 25.ANNEX1. Point 1.1 is replaced by the following: "1.1. StrapThe strap must be fitted to the seat or to other parts connected to the frame in such a way that it may easily be used by the passenger. The strap and its attachment must be designed in such a way that they withstand, without snapping, a vertical traction force of 2000 N applied statically to the centre of the surface of the strap at a maximum pressure of 2 Mpa."2. In Appendix 1, Part B of the information document is replaced by the following: "- Part B: - 1.4 to 1.4.2 included."


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32001L0040

Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals

Official Journal L 149 , 02/06/2001 P. 0034 - 0036

Council Directive 2001/40/ECof 28 May 2001on the mutual recognition of decisions on the expulsion of third country nationalsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 63(3) thereof,Having regard to the initiative of the French Republic(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Treaty stipulates that the Council is to adopt measures on immigration policy within areas comprising conditions of entry and residence as well as illegal immigration and illegal residence.(2) The Tampere European Council on 15 and 16 October 1999 reaffirmed its resolve to create an area of freedom, security and justice. For that purpose, a common European policy on asylum and migration should aim both at fair treatment of third country nationals and better management of migration flows.(3) The need to ensure greater effectiveness in enforcing expulsion decisions and better cooperation between Member States entails mutual recognition of expulsion decisions.(4) Decisions on the expulsion of third country nationals have to be adopted in accordance with fundamental rights, as safeguarded by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, in particular Articles 3 and 8 thereof, and the Geneva Convention relating to the Status of Refugees of 28 July 1951 and as they result from the constitutional principles common to the Member States.(5) In accordance with the principle of subsidiarity, the objective of the proposed action, namely cooperation between Member States on expulsion of third country nationals, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the envisaged action, be better achieved by the Community. This Directive does not go beyond what is necessary to achieve that objective.(6) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, the United Kingdom has given notice by letter of 18 October 2000 of its wish to take part in the adoption and application of this Directive.(7) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not participating in the adoption of this Directive, and is therefore not bound by it or subject to its application. Given that this Directive aims to build upon the Schengen acquis under the provisions of Title IV of the Treaty establishing the European Community, in accordance with Article 5 of the abovementioned Protocol, Denmark will decide within a period of six months after the Council has adopted this Directive whether it will transpose this decision into its national law.(8) As regards the Republic of Iceland and the Kingdom of Norway, this Directive constitutes a development of the Schengen acquis within the meaning of the agreement concluded on 18 May 1999 between the Council of the European Union and those two States. As a result of the procedures laid down in the agreement, the rights and obligations arising from this Directive should also apply to those two States and in relations between those two States and the Member States of the European Community to which this Directive is addressed,HAS ADOPTED THIS DIRECTIVE:Article 11. Without prejudice to the obligations arising from Article 23 and to the application of Article 96 of the Convention implementing the Schengen Agreement of 14 June 1985, signed at Schengen on 19 June 1990, hereinafter referred to as the "Schengen Convention", the purpose of this Directive is to make possible the recognition of an expulsion decision issued by a competent authority in one Member State, hereinafter referred to as the "issuing Member State", against a third country national present within the territory of another Member State, hereinafter referred to as the "enforcing Member State".2. Any decision taken pursuant to paragraph 1 shall be implemented according to the applicable legislation of the enforcing Member State.3. This Directive shall not apply to family members of citizens of the Union who have exercised their right of free movement.Article 2For the purposes of this Directive,(a) "third country national" shall mean anyone who is not a national of any of the Member States;(b) "expulsion decision" shall mean any decision which orders an expulsion taken by a competent administrative authority of an issuing Member State;(c) "enforcement measure" shall mean any measure taken by the enforcing Member State with a view to implementing an expulsion decision.Article 31. The expulsion referred to in Article 1 shall apply to the following cases:(a) a third country national is the subject of an expulsion decision based on a serious and present threat to public order or to national security and safety, taken in the following cases:- conviction of a third country national by the issuing Member State for an offence punishable by a penalty involving deprivation of liberty of at least one year,- the existence of serious grounds for believing that a third country national has committed serious criminal offences or the existence of solid evidence of his intention to commit such offences within the territory of a Member State.Without prejudice to Article 25(2) of the Schengen Convention, if the person concerned holds a residence permit issued by the enforcing Member State or by another Member State, the enforcing State shall consult the issuing State and the State which issued the permit. The existence of an expulsion decision taken under this point shall allow for the residence permit to be withdrawn if this is authorised by the national legislation of the State which issued the permit;(b) a third country national is the subject of an expulsion decision based on failure to comply with national rules on the entry or residence of aliens.In the two cases referred to in (a) and (b), the expulsion decision must not have been rescinded or suspended by the issuing Member State.2. Member States shall apply this Directive with due respect for human rights and fundamental freedoms.3. This Directive shall be applied without prejudice to the provisions of the Convention Determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities and readmission agreements between Member States.Article 4The Member States shall ensure that the third country national concerned may, in accordance with the enforcing Member State's legislation, bring proceedings for a remedy against any measure referred to in Article 1(2).Article 5Protection of personal data and data security shall be ensured in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(3).Without prejudice to Articles 101 and 102 of the Schengen Convention, personal data files shall be used in the context of this Directive only for the purposes laid down therein.Article 6The authorities of the issuing Member State and of the enforcing Member State shall make use of all appropriate means of cooperation and of exchanging information to implement this Directive.The issuing Member State shall provide the enforcing Member State with all documents needed to certify the continued enforceability of the decision by the fastest appropriate means, where appropriate in accordance with the relevant provisions of the SIRENE Manual.The enforcing Member State shall first examine the situation of the person concerned to ensure that neither the relevant international instruments nor the national rules applicable conflict with the enforcement of the expulsion decision.After implementation of the enforcement measure, the enforcing Member State shall inform the issuing Member State.Article 7Member States shall compensate each other for any financial imbalances which may result from application of this Directive where expulsion cannot be effected at the expense of the national(s) of the third country concerned.In order to enable this Article to be implemented, the Council, acting on a proposal from the Commission, shall adopt appropriate criteria and practical arrangements before 2 December 2002. These criteria and practical arrangements shall also apply to the implementation of Article 24 of the Schengen Convention.Article 81. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 2 December 2002. 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 Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.Article 9This Directive shall enter into force the day of its publication in the Official Journal of the European Communities.Article 10This Directive is addressed to the Member States, in accordance with the Treaty establishing the European Community.Done at Brussels, 28 May 2001.For the CouncilThe PresidentT. Bodström(1) OJ C 243, 24.8.2000, p. 1.(2) Opinion delivered on 13 March 2001 (not yet published in the Official Journal).(3) OJ L 281, 23.11.1995, p. 31.


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31970L0486

Council Directive 70/486/EEC of 27 October 1970 extending the time limit set in Article 19 of the Council Directive of 6 October 1969 amending the Directive of 26 June 1964 on health problems affecting intra-Community trade in fresh meat

Official Journal L 239 , 30/10/1970 P. 0042 - 0042 Danish special edition: Series I Chapter 1970(III) P. 0663  English special edition: Series I Chapter 1970(III) P. 0744

COUNCIL DIRECTIVE  of 27 October 1970  extending the time limit set in Article 19 of the Council Directive of 6 October 1969 amending the Directive of 26 June 1964 on health problems affecting intra-Community trade in fresh meat  (70/486/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having Regard to the Treaty establishing the European Economic Community, and in particular Article 43 and 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 1;  Whereas on 6 October 1969 the Council adopted a Directive 2 amending the Directive of 26 June 1964 on health problems affecting intra-Community trade in fresh meat;  Whereas the Member States were to bring into force before 1 October 1970 the measures necessary to comply with the new Directive;  Whereas the time limit set has proved too early for Member States to be able to comply with that requirement ; whereas the time limit should therefore be extended;  HAS ADOPTED THIS DIRECTIVE:     Article 1 In Article 19 of the Council Directive of 6 October 1969 amending the Directive of 26 June 1964 on health problems affecting intra-Community trade in fresh meat, the date 31 December 1970 shall be substituted for the date 1 October 1970.   Article 2  This Directive is addressed to the Member States.     Done at Luxembourg, 27 October 1970  For the Council  The President  W. SCHEEL  1OJ No C 129, 26.10.1970, p. 21. 2OJ No L 256, 11.10.1969, p. 5.


title: Commission Directive 2009/150/EC of 27 November 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include flocoumafen as an active substance in Annex I thereto (Text with EEA relevance)

text:
               28.11.2009

               EN

               Official Journal of the European Union

               L 313/75

      COMMISSION DIRECTIVE 2009/150/EC
   of 27 November 2009
   amending Directive 98/8/EC of the European Parliament and of the Council to include flocoumafen as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes flocoumafen.

               (2)

               Pursuant to Regulation (EC) No 1451/2007, flocoumafen has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, rodenticides, as defined in Annex V to Directive 98/8/EC.

               (3)

               The Netherlands was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 4 October 2007 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 15 May 2009, in an assessment report.

               (5)

               It appears from the examinations made that biocidal products used as rodenticides and containing flocoumafen may be expected not to present a risk to humans except for accidental incidents with children. A risk has been identified regarding non-target animals. However, flocoumafen is for the time being considered essential for reasons of public health and hygiene. It is therefore justified to include flocoumafen in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as rodenticides and containing flocoumafen can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (6)

               In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing flocoumafen and used as rodenticides. Such measures should be aimed at limiting the risk of primary and secondary exposure of humans and non-target animals as well as the long-term effects of the substance on the environment. To this end, certain constraints such as the maximum concentration, the prohibition on marketing the active substance in products which are not ready to use and the use of aversive agents should be imposed across the board, while other conditions should be imposed by the Member States on a case-by-case basis.

               (7)

               In view of the identified risks and its characteristics, which render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate, flocoumafen should be included in Annex I for five years only and should be made subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in Annex I is renewed.

               (8)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance flocoumafen and also to facilitate the proper operation of the biocidal products market in general.

               (9)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (10)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 14 containing flocoumafen to ensure that they comply with Directive 98/8/EC.

               (11)

               Directive 98/8/EC should therefore be amended accordingly.

               (12)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 30 September 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 October 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 27 November 2009.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1.

      (2)  OJ L 325, 11.12.2007, p. 3.

      ANNEX
      The following entry ‘No 31’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common name

                     IUPAC name
                     Identification numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3)
                     (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘31

                     Flocoumafen

                     4-hydroxy-3-[(1RS,3RS;1RS,3RS)-1,2,3,4-tetrahydro-3-[4-(4-trifluoromethylbenzyloxy)phenyl]-1-naphthyl]coumarin
                     EC No 421-960-0
                     CAS No 90035-08-8

                     955 g/kg

                     1 October 2011

                     30 September 2013

                     30 September 2016

                     14

                     In view of the fact that the active substance characteristics render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate, the active substance is to be subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in this Annex is renewed.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 1.

                                 The nominal concentration of the active substance in products shall not exceed 50 mg/kg and only ready-for-use products shall be authorised.

                                 2.

                                 Products shall contain an aversive agent and, where appropriate, a dye.

                                 3.

                                 Products shall not be used as tracking powder.

                                 4.

                                 Primary as well as secondary exposure of humans, non-target animals and the environment are minimised, by considering and applying all appropriate and available risk mitigation measures. Those include, amongst others, the restriction to professional use only, setting an upper limit to the package size and laying down obligations to use tamper resistant and secured bait boxes.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm


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31976L0491

Council Directive 76/491/EEC of 4 May 1976 regarding a Community procedure for information and consultation on the prices of crude oil and petroleum products in the Community

Official Journal L 140 , 28/05/1976 P. 0004 - 0010 Finnish special edition: Chapter 12 Volume 1 P. 0097  Greek special edition: Chapter 12 Volume 1 P. 0121  Swedish special edition: Chapter 12 Volume 1 P. 0097  Spanish special edition: Chapter 12 Volume 2 P. 0107  Portuguese special edition Chapter 12 Volume 2 P. 0107

COUNCIL DIRECTIVE  of 4 May 1976  regarding a Community procedure for information and consultation on the prices of crude oil and petroleum products in the Community  (76/491/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 213 thereof,  Having regard to the draft 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 establishment of a common energy policy is one of the objectives which the Community has set itself, and it is the task of the Commission to propose measures for this purpose;  Whereas knowledge of supply and market conditions is one of the basic elements of such a common energy policy;  Whereas transparency of the costs and prices of petroleum products is a necessary condition for the satisfactory operation of the market, and particularly for the free movement of goods within the Community;  Whereas the Council, in paragraph 3 (III) of its resolution of 13 February 1975 concerning measures to be implemented to achieve the Community energy policy objectives adopted by the Council on 17 December 1974 (3), approved the principle of a consumer price policy based on transparency of the costs and prices of hydrocarbons;  Whereas it is therefore necessary to set up a Community procedure for information and consultation on the prices of crude oil and petroleum products;  Whereas the achievement of this objective requires the acquisition, at regular intervals, of certain information regarding the prices of crude oil and the principal petroleum products, at least in aggregate form at Member State level;  Whereas the information regarding the prices of crude oil and the principal petroleum products should be supplied by the oil undertakings, and the Member States should, by reference to objective criteria, designate the individuals and undertakings who will provide the Member States with such information;  Whereas within one year at most of the first application of this Directive consideration should be given to the advisability of the Member States' communicating to the Commission the information supplied to them by the undertakings;  (1)OJ No C 28, 9.2.1976, p. 9. (2)OJ No C 50, 4.3.1976, p. 2. (3)OJ No C 153, 9.12.1975, p. 6.   Whereas the trends of oil costs and prices obtaining in the Community should be compared on the basis of the information collected;  Whereas, if this comparison is to take account of differences of structure between markets, it should cover price levels net and inclusive of duties and taxes for the principal petroleum products and ex-refinery realizations;  Whereas the trend, in each Member State and in the Community as a whole, in the average ex-refinery value per metric ton of crude oil processed should be analyzed on the basis of the information collected;  Whereas the information collected and the results of the study carried out by the Commission should be communicated at Community level to the Member States and be the subject of consultation between them and the Commission;  Whereas the information collected shall be confidential and the results of the study carried out by the Commission may be used only for the information of the Member States and for consultation between them and the Commission;  Whereas if the Commission finds anomalies or inconsistencies in the figures communicated to it, it should be able to obtain a breakdown of the requisite information supplied by the undertakings;  Whereas the Commission should be able to specify, where necessary, details such as the form and content of the communications to be made,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Within the first 45 days of each quarter, the Member States shall communicate to the Commission information based on the information supplied to them by the undertakings designated in accordance with Article 2. Such information, submitted as laid down in Article 3, shall indicate:    (a) For the principal types of crude oil:      - fob and/or cif prices for each type of crude oil imported from third countries during the preceding quarter;           - prices free at the refinery gate or port of discharge for the principal types of crude oil produced in the Community traded between different undertakings or between producer undertakings and their subsidiaries and refined in the Member State concerned during the preceding quarter.                  (b) For the principal types of petroleum products:      - fob and/or cif prices for each type of petroleum product imported from third countries and from the Member States of the Community respectively during the preceding quarter;           - consumer prices at the beginning of the current quarter for each of the principal petroleum products, both net and inclusive of duty and tax;           - the estimated average gross ex-refinery realization during the preceding quarter for each of the principal petroleum products disposed of on the domestic market of the Member State in question.                    2. Those Member States which have systems of maximum consumer prices shall also inform the Commission of the maximum consumer prices in force on the first day of the current quarter for each of the principal petroleum products, both net and inclusive of duty and tax.  Lists of the principal types of crude oil imported from third countries and of petroleum products are given in the Annex to this Directive. The Annex to this Directive also gives definitions of the form in which information is to be communicated and of imports, crude oil produced in the Community, consumer prices, estimated average gross ex-refinery realization and maximum consumer prices.   Article 2 1. The Member States shall take all necessary steps to ensure that the undertakings whose activities fall within their jurisdiction provide the information necessary to enable them to fulfil their obligations pusuant to Article 1.  2. Within the first 45 days of each quarter, the Member States shall communicate to the Commission a list of the individuals and undertakings supplying the information referred to in paragraph 1. The list of individuals and undertakings shall be drawn up so as to cover a significant part of the operations carried out on their territories, namely:     - for import prices : at least 85 % of the total quantity of imported crude oil and approximately 75 % of imported petroleum products;       - for consumer prices : approximately 70 % of the domestic consumption of all petroleum products.         On this list, the Member States shall name all the individuals and undertakings in descending order of importance for each type of activity indicated above.   Article 3 1. The information which the Member States are obliged to communicate to the Commission pursuant to Article 1 shall be obtained by aggregating the information received from the undertakings referred to in Article 2 (2). This information shall be presented in such a way as to give as representative a picture as possible of each Member State's oil market.  2. Within one year of the date fixed in Article 10, the Council shall consider whether the information supplied by undertakings to the Member States should be communicated to the Commission, as a means of obtaining a clearer picture of conditions on the Community oil market.   Article 4 On the basis of the information collected pursuant to Article 1 the Commission shall prepare and communicate quarterly to the Member States inter alia:    - summary information on the prices of crude oil and of petroleum products;       - a comparison of the price levels for petroleum products in the Community;       - developments, for each Member State and for the Community, in the average ex-refinery value per metric ton of crude oil processed. Average ex-refinery value per metric ton of crude oil processed is defined in the Annex to this Directive;       - a comparison of the developments in the terms of supply of crude oil and petroleum products and the average ex-refinery value per metric ton of crude oil processed.          Article 5 1. The Member States and the Commission shall consult together quarterly, or, at the request of a Member State or on the initiative of the Commission, at shorter intervals.  2. These consultations will relate particularly to the Commission communications referred to in Article 4. Following such consultations the Commission will, if necessary, make proposals to the Council for such measures as may appear to be necessary.   Article 6 1. All information communicated pursuant to Article 1 (1) and the list forwarded pursuant to Article 2 (2) shall be confidential. This provision shall not however prevent the distribution of general or summary information in terms which do not disclose details relating to individual undertakings, i.e. in terms which refer to at least three undertakings.  2. Information communicated to the Commission pursuant to Article 1 and the general or summary information obtained pursuant to Article 4 may be used only for the purposes laid down in Article 5.  3. If the Commission establishes the existence of anomalies or inconsistencies in the figures communicated, it may ask the Member States to permit it to acquaint itself with the appropriate unaggregated information supplied by the undertakings and the calculation and assessment procedures used to arrive at the aggregated information.   Article 7 Within the limits laid down by this Directive, the Commission shall adopt implementing provisions regarding the confidential nature, the form, the content, and all other aspects of the communications provided for in Article 1.   Article 8 In the event of significant changes in supply conditions, and in order to allow it to assess the market situation, the Commission may require the communications provided for in Articles 1 and 2 to be made within amended time limits or for other periods.   Article 9 For each of the first three years following the date laid down in Article 10, the Commission shall  submit to the Council and to the European Parliament a report on the results of the implementation of this Directive.   Article 10 The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive no later than 1 January 1977.   Article 11 This Directive is addressed to the Member States.     Done at Brussels, 4 May 1976.  For the Council  The President  G. THORN     ANNEX    1. List of the principal types of crude oil  (a) Imported from third countries  1. Arabian light, 34º       2. Arabian medium, 31º       3. Arabian heavy and Khafji, 27º       4. Iranian light, 34º       5. Iranian heavy, 31º       6. Murban and Zakum, 39º       7. Iraq - Basrah, 35º       8. Iraq - Kirkuk, 36º       9. Kuwait, 31º       10. Libya, 40º       11. Algeria, 44º       12. Nigeria, 34º       13. Venezuelan light, 34º       14. Venezuelan medium, 26º       15. Venezuelan heavy, 17º       16. Indonesia, 34º       17. Other crude oils.  (b) Produced in the Community  2. List of petroleum products      (a) As regards the cif price of petroleum products imported from third countries and from the Member States of the Community respectively >PIC FILE= "T0011876">            (b) As regards prices actually charged consumers and maximum prices >PIC FILE= "T0011877">    >PIC FILE= "T0011878">            (c) As regards gross ex-refinery realizations        - Motor fuels:        - premium petrol               - regular petrol               - Gas oil               - Fuels for domestic heating purposes:        - gas oil               - domestic fuel oil               - paraffin               - Industrial fuels:        - residual fuels                 3. Definitions        (a) Nature of the information  The aggregated information on prices to be communicated by the Member States to the Commission will be compiled in such a way as to provide the most representative indicators of market conditions in each Member State. In order to take account of the differences between undertakings operating on the different markets, prices will be communicated in the form of ranges, with an indication of the most representative intermediate price in each case.               (b) Imports  For the purposes of Article 1 (1), imports shall be taken to mean all imports of crude oil and petroleum products which enter the customs territory of the Community, for purposes other than transit or inward processing en route to third countries, and are destined for the Member State concerned and not in transit to other Member States.               (c) Crude oil produced in the Community  For the purposes of Article 1 (1) (a), crude oil produced in the Community shall be taken to mean all crude oils produced, refined and disposed of in the Community. Such crude oils may be refined and disposed of in Member States other than the producing Member State.             (d) Consumer prices        - For the purposes of Article 1 (1) (b), the consumer price in respect of a given oil undertaking shall be taken to mean the most representative average of the delivered prices which that undertaking actually charges consumers in a particular category.               - For the purposes of Article 1 (1) (b), the consumer price in respect of a given Member State shall be taken to mean the price level most representative of the delivered prices which all undertakings actually charge consumers in a particular category in the Member State in question.                          (e) Estimated average gross ex-refinery realization  For the purposes of Article 1 (1) (b), the estimated average gross ex-refinery realization in respect of a given Member State shall be taken to mean the estimated average proceeds received at the refinery gate by all the refineries in the Member State concerned, for each of the main petroleum products disposed of on that Member State's domestic market.   These estimated average proceeds shall be obtained by aggregation, by means of weighting, of the average proceeds realized through the various channels of distribution after deduction of the corresponding costs ; they shall cover all sales whether made at the refinery gate, to retailers or directly to consumers.           (f) Maximum consumer prices  For the purposes of Article 1 (2), maximum consumer prices shall be taken to mean the maximum selling prices, both net and inclusive of duty and tax, whether published or not, for a product intended for a specified category of consumer, and fixed by the authorities or by agreements concluded between the authorities and the undertakings.           (g) Average ex-refinery value per metric ton of crude oil processed  For the purposes of Article 4, the average ex-refinery value per metric ton of crude oil processed for a given Member State shall be taken to mean the estimated average total proceeds at the refinery gate for the petroleum products derived from one metric ton of crude oil.


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31978L0610

Council Directive 78/610/EEC of 29 June 1978 on the approximation of the laws, regulations and administrative provisions of the Member States on the protection of the health of workers exposed to vinyl chloride monomer

Official Journal L 197 , 22/07/1978 P. 0012 - 0018 Finnish special edition: Chapter 5 Volume 2 P. 0104  Greek special edition: Chapter 05 Volume 3 P. 0003  Swedish special edition: Chapter 5 Volume 2 P. 0104  Spanish special edition: Chapter 05 Volume 2 P. 0166  Portuguese special edition Chapter 05 Volume 2 P. 0166

COUNCIL DIRECTIVE  of 29 June 1978  on the approximation of the laws, regulations and administrative provisions of the Member States on the protection of the health of workers exposed to vinyl chloride monomer  (78/610/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, in the past it was recognized that vinyl chloride monomer was capable of giving rise only to the generally reversible disease known as "occupational acro-osteolysis" ; whereas more recent evidence from epidemiological studies and animal experimentation indicates that prolonged and/or repeated exposure to high concentrations of vinyl chloride monomer in the atmosphere may give rise to a "vinyl chloride monomer" syndrome encompassing, in addition to occupational acro-osteolysis, the skin disease scleroderma and liver disorders;  Whereas vinyl chloride monomer should also be regarded as a carcinogen which may cause angiosarcoma, a rare malignant tumour which can also occur without any known cause;  Whereas, although working conditions are considerably better than those under which the above syndrome formerly occurred, a comparison of protective measures taken by each Member State reveals certain differences ; whereas, therefore, in the interests of balanced economic and social development, these national laws, which directly affect the functioning of the common market, should be harmonized and improved;  Whereas the first step should be to take technical preventive and protective measures based on the latest scientific knowledge so that the values of concentrations of vinyl chloride monomer in the atmosphere in the works can be reduced to an extremely low figure;  Whereas medical surveillance of workers in the vinyl chloride monomer and vinyl chloride polymer industry should take account of the latest medical knowledge, in order that the health of workers in this important sector of the chemical industry may be protected;  Whereas the urgent need to harmonize laws in this field is recognized by both sides of industry which took part in the discussion on this specific problem ; whereas efforts must therefore be made towards the approximation, while the improvement is being maintained, of the laws, regulations and administrative provisions of the Member States as envisaged in Article 117 of the Treaty;  Whereas the provisions of this Directive constitute minimal requirements which may be re-examined in the light of the experience gained and of progress in medical techniques and knowledge in this field, the final objective being to achieve optimum protection of workers,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. The object of this Directive is the protection of workers:    - employed in works in which vinyl chloride monomer is produced, reclaimed, stored, discharged into containers, transported or used in any way whatsoever, or in which vinyl chloride monomer is converted into vinyl chloride polymers, and       - exposed to the effects of vinyl chloride monomer in a working area.         2. This protection shall comprise:    - technical preventive measures,       - the establishment of limit values for the atmospheric concentration of vinyl chloride monomer in the working area,  (1)OJ No C 163, 11.7.1977, p. 11. (2)OJ No C 287, 30.11.1977, p. 11.        - the definition of measuring methods and the fixing of provisions for monitoring the atmospheric concentration of vinyl chloride monomer in the working area,       - if necessary, personal protection measures,       - adequate information for workers on the risks to which they are exposed and the precautions to be taken,       - the keeping of a register of workers with particulars of the type and duration of their work and the exposure to which they have been subjected,       - medical surveillance provisions.          Article 2 For the purpose of this Directive:    (a) "working area" means a section of a works with defined boundaries which may comprise one or more workplaces. It is characterized by the fact that the individual worker spends irregular periods of time there at various workplaces in the course of his duty or duties, that the length of time spent at these individual workplaces cannot be more closely defined and that further subdivision of the working area into smaller units is not possible;       (b) "technical long-term limit value" means the value which shall not be exceeded by the mean concentration, integrated with respect to time, of vinyl chloride monomer in the atmosphere of a working area, the reference period being the year, with account being taken only of the concentrations measured during the periods in which the plant is in operation and of the duration of such periods.  For guidance and for practical reasons, Annex I contains a table of the corresponding limit values obtained from statistics with a view to being able to detect, over shorter periods, the risk of the technical long-term limit value's being exceeded.  The concentration values recorded during the alarm periods referred to in Article 6 shall not be taken into account in the calculation of the mean concentration.       (c) "competent doctor" means the doctor responsible for the medical surveillance of the workers referred to in Article 1 (1).          Article 3 1. The fundamental aim of the technical measures adopted to meet the requirements of this Directive shall be to reduce to the lowest possible levels the concentrations of vinyl chloride monomer to which workers are exposed. All working areas in works referred to in Article 1 (1) shall therefore be monitored for the atmospheric concentration of vinyl chloride monomer.  2. For the works referred to in Article 1 (1), the technical long-term limit value shall be three parts per million.  An adjustment period not exceeding one year in which to comply with the technical long-term limit value of three parts per million shall be provided for in the case of existing plant at such works.   Article 4 1. The concentration of vinyl chloride monomer in the working area may be monitored by continuous or discontinuous methods. The permanent sequential method shall be regarded as being a continuous method.  However, the use of a continuous or permanent sequential method shall be obligatory in enclosed vinyl chloride monomer polymerization plant.  2. In the case of continuous or permanent sequential measurements over a period of one year, the technical long-term limit value shall be considered as having been complied with if the arithmetic mean concentration is found not to exceed this value.  In the case of discontinuous measurements, the number of values measured shall be such that it is possible to predict with a confidence coefficient of at least 95 % - accepting the relevant assumptions made in Annex I - that the actual mean annual concentration will not exceed the technical long-term limit value.  3. Any measurement system which records accurately for the purposes of analysis at least one third of the technical long-term limit value concentration shall be regarded as suitable.  4. If non-selective systems of measurement are used for measuring vinyl chloride monomer, the measurement recorded shall be taken as the total vinyl chloride monomer concentration value.  5. Measuring instruments shall be calibrated at regular intervals. Calibration shall be carried out by suitable methods based on the latest state of the art.   Article 5 1. Measurements of the atmospheric concentration of vinyl chloride monomer in a working area for the purpose of verifying compliance with the technical long-term limit value shall be carried out using measuring points chosen so that the results obtained are as representative as possible of the individual vinyl chloride monomer exposure level of workers in that area.   2. Depending on the size of the working area, there may be one or more measuring points. If there is more than one measuring point, the mean value for the various measuring points shall be considered in principle as the representative value for the whole working area.  If the results obtained are not representative of the vinyl chloride monomer concentration in the working area, the measuring point for checking compliance with the technical long-term limit value shall be that point in the working area where the worker is exposed to the highest mean concentration.  3. Measurements carried out as described in this Article may be combined with measurements based on individual sampling, i.e. using devices worn by exposed persons for the purpose of verifying the suitability of the measuring points chosen and of obtaining any other information relevant to technical prevention and medical surveillance.   Article 6 1. In order that abnormal increases in vinyl chloride monomer concentration levels may be detected, a monitoring system capable of detecting such increases shall be provided in places where they may occur.  In cases involving such an increase in the concentration level, technical measures shall be taken without delay to determine and to remedy the causes thereof.  2. The value corresponding to the alarm threshold shall not exceed, at a measuring point, 15 parts per million for mean values measured over a period of one hour, 20 parts per million for mean values measured over 20 minutes or 30 parts per million for mean values measured over two minutes. If the alarm threshold is exceeded, personal protection measures shall be taken without delay.   Article 7 Appropriate personal protection measures shall be provided for certain operations (e.g. cleaning of autoclaves, servicing and repairs) during which it cannot be guaranteed that concentrations will be kept below the limit values through operational or ventilation measures.   Article 8 Employers shall inform the workers referred to in Article 1 (1), both upon recruitment or prior to their taking up their activities and at regular intervals thereafter, of the health hazards associated with vinyl chloride monomer and of the precautions to be taken when this substance is being handled.   Article 9 1. Employers shall keep a register of the workers referred to in Article 1 (1), with particulars of the type and duration of work and the exposure to which they have been subjected. This register shall be given to the competent doctor.  2. A worker shall, at his request, be given the opportunity to note the particulars in the register concerning him.  3. Employers shall make available to workers' representatives at the undertaking, at their request, the results of the measurements taken at the places of work.   Article 10 1. Employers shall be required to ensure that the workers referred to in Article 1 (1) are examined by the competent doctor, both upon recruitment or prior to their taking up their activities and subsequently.  2. Without prejudice to national provisions, the competent doctor shall determine in each individual case the frequency and type of the examination provided for in paragraph 1. The necessary guidelines are given in Annex II.  3. Member States shall take the necessary steps to ensure that the registers referred to in Article 9 and the medical records are kept for at least 30 years from the date on which the activity of the workers referred to in Article 1 (1) was taken up.  For workers already engaged in such activity on the date of entry into force of the provisions adopted pursuant to this Directive, the 30-year period shall commence on that date.  Member States shall determine how the registers and the medical records are to be used for study and research purposes.   Article 11 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.   2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.   Article 12 This Directive is addressed to the Member States.     Done at Luxembourg, 29 June 1978.  For the Council  The President  S. AUKEN      ANNEX I  STATISTICAL BASIS FOR THE TECHNICAL LONG-TERM LIMIT VALUE  (Article 2 (b))    1. Owing to differences in definition, the recommended values for the permissible atmospheric concentration substances injurious to health at the workplace currently vary from country to country.  This Directive is concerned with a new, statistically-defined reference value - the technical long-term limit value - which should be regarded as a mean annual value.       2. The limit values for shorter reference periods are based on data obtained by extensive measurement of vinyl chloride monomer concentrations in the vinyl chloride polymer industry. These measurements accord with the data resulting from observations both on other substances injurious to health and for other sectors of industry.  The data can be summarized as follows:  (a) the distributions of concentrations of substances injurious to health can be represented log normally;   >PIC FILE= "T0013207">      3. Assuming these data, a mean ratio of the limit values for shorter reference periods to the technical long-term limit value can be established: >PIC FILE= "T0013208">        4. The above limit values for reference periods shorter than one year must have a maximum 5 % probability of being exceeded when the annual arithmetic mean of atmospheric vinyl chloride monomer concentrations is three parts per million.             ANNEX II  GUIDELINES FOR THE MEDICAL SURVEILLANCE OF WORKERS  (Article 10 (2))    1. Current knowledge indicates that over-exposure to vinyl chloride monomer can give rise to the following disorders and diseases:      - sclerodermatous skin disorders,           - circulatory disorders in the hands and feet (similar to Raynaud's syndrome),           - acro-osteolysis (affecting certain bone structures, particularly the phalanges in the hand),           - liver and spleen fibroses (similar to perilobular fibrosis, known as Banti's syndrome),           - lung function disorders,           - thrombocytopenia,           - hepatic angiosarcoma.                  2. Medical surveillance of the workers should take account of all symptoms and syndromes, with particular emphasis on the area of greatest risk. As far as is known at present, no symptoms occurring separately or in combination have been identified as precursors or transitional stages of hepatic sarcoma. As no specific methods of preventive analysis are known for this disease, medical action shall include at least the following measures as minimum requirements:      (a) records of the workers's medical and occupational history,           (b) clinical examination of the extremities, the skin and the abdomen,           (c) X-ray of the hand bones (every two years).  Further tests, particularly laboratory tests, are desirable. These should be decided by the competent doctor in the light of the most recent developments in industrial medicine.  The following laboratory tests are suggested at present for prognostic epidemiological surveys:        - urinalysis (glucose, proteins, salts, bile pigments, urobilinogen),               - erythrocyte sedimentation rate,               - blood platelet count,               - determination of total bilirubin level,               - determination of transaminase levels (SGOT, SGPT),               - determination of gamma glutamyl transferase (GT) level,               - thymol turbidity test,               - alkaline phospatase level,               - determination of cryoglobulin.                                 3. As in the case of all biological examinations, the results of the tests shall be interpreted in the light of the laboratory techniques used and their normal values. Generally speaking, the significance of a functional disorder is assessed after joint consideration of the results obtained from various examinations and by developments in the anomalies observed. As a general rule, abnormal results shall be investigated and, if necessary, additional specialist examinations carried out.       4. The competent doctor shall decide in each case whether a worker is suitable for a working area.  The competent doctor shall also decide what contra-indications apply. The most important of these are:      - typical vascular and neurovascular lesions,           - lung function disorders,           - clinical or biological hepatic insufficiency,            - diabetes,           - chronic renal insufficiency,           - thrombocytopenia and hemorrhagic disorders,           - certain chronic skin diseases such as scleroderma,           - abuse of alcohol and/or addiction to drugs.             This list, which is intended merely for guidance, has been drawn up using pathological data obtained from previous retrospective studies.


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31993L0108

Commission Directive 93/108/EEC of 3 December 1993 amending Council Directive 66/403/EEC on the marketing of seed potatoes

Official Journal L 319 , 21/12/1993 P. 0039 - 0039 Finnish special edition: Chapter 3 Volume 54 P. 0069  Swedish special edition: Chapter 3 Volume 54 P. 0069

COMMISSION DIRECTIVE 93/108/EC of 3 December 1993 amending Council Directive 66/403/EEC on the marketing of seed potatoesTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes (1), as last amended by Commission Directive 93/3/EEC (2), and in particular Article 15 (2a) thereof,  Whereas in principle, with effect from certain dates, Member States may no longer determine for themselves the equivalence of seed potatoes harvested in third countries with seed potatoes harvested within the Community and complying with that Directive;   Whereas, however, since work to establish Community equivalence for all the third countries concerned had not been completed, Article 15 (2a) of that Directive permitted Member States to extend to 31 March 1993 the period of validity of equivalence  which they had already of certain countries not covered by the Community equivalences;  Whereas the said work is still incomplete;  Whereas the authorization may only be extended in accordance with Member States' obligations under the common rules on plant health, laid down by Council Directive 77/93/EEC (3), as last amended by Commission Directive 93/19/EEC (4);  Whereas by Commission Decisions 92/467/EEC (5) and 93/33/EEC (6) derogations provided for by certain Member States from certain provisions of Directive 77/93/EEC in respect of seed potatoes originating in Poland and Canada respectively have been  approved until 31 December 1992 and 31 March 1993 respectively;  Whereas Commission Decisions 93/680/EC (7) and 93/681/EC (8) extend those periods further from 1 December 1993 to 31 March 1994;  Whereas the authorization granted to Member States by Article 15 (2a) should accordingly be extended;  Whereas the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry has not delivered an opinion within the time limit set by its chairman,  HAS ADOPTED THIS DIRECTIVE:   Article 1  In Article 15 (2a) of Directive 66/403/EEC, '31 March 1993' is replaced by '31 March 1994'.   Article 2  1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 1 December 1993 at the latest. They shall forthwith inform the Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.   Article 3  This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.  Done at Brussels, 3 December 1993.  For the Commission René STEICHEN Member of the Commission  (1) OJ No 125, 11. 7. 1966, p. 2320/66.  (2) OJ No L 54, 5. 3. 1993, p. 21.  (3) OJ No L 26, 31. 1. 1977, p. 20.  (4) OJ No L 96, 22. 4. 1993, p. 33.  (5) OJ No L 264, 10. 9. 1992, p. 23.  (6) OJ No L 16, 25. 1. 1993, p. 35.  (7) OJ No L 317, 18. 12. 1993, p. 75.  (8) OJ No L 317, 18. 12. 1993, p. 79.


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31972L0002

Council Directive 72/2/EEC of 20 December 1971 making a seventh amendment to the Directive on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption

Official Journal L 002 , 04/01/1972 P. 0022 Finnish special edition: Chapter 13 Volume 2 P. 0096  Danish special edition: Series I Chapter 1972(I) P. 0010  Swedish special edition: Chapter 13 Volume 2 P. 0096  English special edition: Series I Chapter 1972(I) P. 0011  Greek special edition: Chapter 03 Volume 7 P. 0112  Spanish special edition: Chapter 13 Volume 2 P. 0112  Portuguese special edition Chapter 13 Volume 2 P. 0112

++++( 1 ) OJ NO 12 , 27 . 1 . 1964 , P . 161/64 .  ( 2 ) OJ NO L 87 , 17 . 4 . 1971 , P . 12 .  ( 3 ) OJ NO L 309 , 24 . 12 . 1968 , P . 25 .  COUNCIL DIRECTIVE OF 20 DECEMBER 1971 MAKING A SEVENTH AMENDMENT TO THE DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION  ( 72/2/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 ;  WHEREAS PURSUANT TO ARTICLE 5 ( A ) AND ARTICLE 11 ( 2 ) OF THE COUNCIL DIRECTIVE OF 5 NOVEMBER 1963 ( 1 ) ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION , AS LAST AMENDED BY THE DIRECTIVE OF 30 MARCH 1971 , ( 2 ) MEMBER STATES MUST PROHIBIT THE USE OF CERTAIN PRESERVATIVES AND WHEREAS , PURSUANT TO THE COUNCIL DIRECTIVE OF 20 DECEMBER 1968 ( 3 ) MAKING A FOURTH AMENDMENT TO THE COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION , THAT PROHIBITION IS TO TAKE EFFECT ON 1 JANUARY 1972 ;  WHEREAS THE ADDITIONAL PERIOD PROVIDED FOR IN THE DIRECTIVE OF 20 DECEMBER 1968 FOR THE COMPLETION OF SCIENTIFIC AND TECHNICAL RESEARCH ON THE PRESERVATIVES CONCERNED HAS PROVED INSUFFICIENT AND SHOULD THEREFORE BE EXTENDED BY ONE YEAR ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  IN THE SECOND SENTENCE OF ARTICLE 11 ( 2 ) OF THE DIRECTIVE OF 5 NOVEMBER 1963 , AS AMENDED BY THE DIRECTIVE OF 20 DECEMBER 1968 , THE DATE 1 JANUARY 1973 SHALL BE SUBSTITUTED FOR THE DATE 1 JANUARY 1972 .  ARTICLE 2  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 20 DECEMBER 1971 .  FOR THE COUNCIL  THE PRESIDENT  M . PEDINI