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31984L0218

Council Directive 84/218/EEC of 10 April 1984 amending Directive 66/403/EEC on the marketing of seed potatoes

Official Journal L 104 , 17/04/1984 P. 0019 - 0019 Spanish special edition: Chapter 03 Volume 30 P. 0117  Portuguese special edition Chapter 03 Volume 30 P. 0117

*****COUNCIL  DIRECTIVE  of 10 April 1984  amending Directive 66/403/EEC on the marketing of seed potatoes  (84/218/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas Directive 66/403/EEC (2), as last amended by Directive 81/561/EEC (3), provides that in principle from 1 July 1975 onwards Member States may no longer determine for themselves the equivalence of seed potatoes harvested in third countries with basic seed potatoes or certified 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 yet been completed, Article 15 (2a) of that Directive permits Member States to extend to 31 December 1982 the period of validity of equivalences which they had already determined in respect of certain countries not covered by the Community equivalences; whereas in practice this extension has only been applied in respect of Canada;  Whereas the said work is still incomplete and the said final date should be deferred to 31 January 1984;  Whereas this measure does not affect Member States' obligations under the common rules on plant health laid down by Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (4), as last amended by Directive 81/7/EEC (5),  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 15 (2a) of Directive 66/403/EEC, '31 December 1982' is hereby replaced by '31 January 1984'.  Article 2  This Directive is addressed to the Member States.  Done at Luxembourg, 10 April 1984.  For the Council  The President  C. CHEYSSON  (1) OJ No C 104, 16. 4. 1984, p. 117.  (2) OJ No 125, 11. 7. 1966, p. 2320/66.  (3) OJ No L 203, 23. 7. 1981, p. 52.  (4) OJ No L 26, 31. 1. 1977, p. 20.  (5) OJ No L 14, 16. 1. 1981, p. 23.


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31990L0659

Council Directive 90/659/EEC of 4 December 1990 relating to the transitional measures applicable in Germany in the field of workers' health and safety

Official Journal L 353 , 17/12/1990 P. 0077 - 0078 Finnish special edition: Chapter 5 Volume 5 P. 0023  Swedish special edition: Chapter 5 Volume 5 P. 0023

COUNCIL DIRECTIVE of 4 December 1990 relating to the transitional measures applicable in Germany in the field of workers' health and safety (90/659/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,    Having regard to the proposal from the Commission(1),    In cooperation with the European Parliament(2),    Having regard to the opinion of the Economic and Social Committee(3),    Whereas the European Economic Community has adopted a number of rules on the health and safety of workers;    Whereas, from the date of German unification onwards, Community law will be fully applicable to the territory of the former German Democratic Republic;   Whereas a special period must be provided for bringing the rules in force in the territory of the former German Democratic Republic into line with Community acts;    Whereas, although further administrative, technical and training problems make it difficult to apply the Directives correctly and may, in certain cases, result in delayed implementation where existing plant is concerned, any companies established  after the date of unification must comply with the Directives on the protection of workers at the workplace,  HAS ADOPTED THIS DIRECTIVE:     Article 1  The Federal Republic of Germany shall adopt, in respect of the territory of the former German Democratic Republic, the laws, regulations and administrative provisions necessary to comply with the Directives referred to in the Annex by 31  December 1992. It shall immediately inform the Commission thereof, which shall inform the other Member States and the European Parliament.    With effect from the date of unification, new plant must comply with the Directives contained in the Annex.    When the Federal Republic of Germany adopts these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid  down by the Federal Republic of Germany.    Article 2  The Federal Republic of Germany shall report on the implementation of this Directive before 31 December 1991 and 31 December 1992.    Its reports shall be forwarded to the Commission, which shall communicate them to the other Member States and the European Parliament.    Article 3  This Directive is addressed to the Member States.     Done at Brussels, 4 December 1990.    For the Council The President G. DE MICHELIS   (1)OJ No L 266, 28. 9. 1990, p. 17, as amended on 25 October 1990 and 28 November 1990.  (2)Opinion delivered on 24 October 1990 (not yet published in the Official Journal) and Decision of 21 November 1990 (not yet published in the Official Journal).  (3)Opinion delivered on 20 November 1990 (not yet published in the Official Journal).     ANNEX  Directives to which a derogation applies until 31 December 1992 in the territory of the former German Democratic Republic. 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   (OJ No L 197, 22. 7. 1978, p. 12)  Council Directive 80/1107/EEC of 27 November 1980 on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work  (OJ No L 327, 3. 12. 1980, p. 8)   Council Directive 82/605/EEC of 28 July 1982 on the protection of workers from the risks related to exposure to metallic lead and its ionic compounds at work (First individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)   (OJ No L 247, 23. 8. 1982, p. 12)   Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (Second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)   (OJ No L 263, 24. 9. 1983, p. 25)   Council Directive 86/188/EEC of 12 May 1986 on the protection of workers from the risks related to exposure to noise at work   (OJ No L 137, 24. 5. 1986, p. 28)   Council Directive 88/364/EEC of 9 June 1988 on the protection of workers by the banning of certain specified agents and/or certain work activities (Fourth individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)   (OJ No L 179, 9. 7. 1988, p. 44)  Council Directive 88/642/EEC of 16 December 1988 amending Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work   (OJ No L 356, 24. 12. 1988, p. 74)


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31974L0147

Council Directive 74/147/EEC of 4 March 1974 on the application of Article 5 of Council Directive No 69/73/EEC on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing

Official Journal L 084 , 28/03/1974 P. 0001 - 0002 Greek special edition: Chapter 02 Volume 1 P. 0247  Spanish special edition: Chapter 02 Volume 2 P. 0151  Portuguese special edition Chapter 02 Volume 2 P. 0151

++++COUNCIL DIRECTIVE  OF 4 MARCH 1974  ON THE APPLICATION OF ARTICLE 5 OF COUNCIL DIRECTIVE NO 69/73/EEC ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING   ( 74/147/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO COUNCIL DIRECTIVE NO 69/73/EEC ( 1 ) OF 4 MARCH 1969 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION , OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING , AND IN PARTICULAR ARTICLE 29 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  WHEREAS ARTICLE 5 OF COUNCIL DIRECTIVE NO 69/73/EEC , PROVIDES THAT THE BENEFIT OF INWARD PROCESSING ARRANGEMENTS MAY BE GRANTED ON CONDITION THAT THIS SHOULD CONTRIBUTE TOWARDS PROVIDING THE MOST FAVOURABLE CONDITIONS FOR THE EXPORT OF THE GOODS RESULTING FROM SUCH PROCESSING WITHOUT CONFLICTING WITH ESSENTIAL INTERESTS OF COMMUNITY PRODUCERS ;  WHEREAS ARTICLE 9 ( 1 ) OF COUNCIL DIRECTIVE NO 69/74/EEC ( 2 ) OF 4 MARCH 1969 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION , OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS WAREHOUSING PROCEDURE , ALLOWS GOODS DEPOSITED IN CUSTOMS WAREHOUSES TO UNDERGO THERE SUCH USUAL FORMS OF HANDLING AS ARE NEEDED TO ENSURE PRESERVATION OR TO IMPROVE PACKAGING OR MARKETABLE QUALITY , WITHOUT ANY RESTRICTIONS OF AN ECONOMIC NATURE ;  WHEREAS ARTICLE 1 ( 1 ) OF COUNCIL DIRECTIVE NO 71/235/EEC ( 3 ) OF 21 JUNE 1971 ON HARMONIZATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO THE USUAL FORMS OF HANDLING WHICH MAY BE CARRIED OUT IN CUSTOMS WAREHOUSES AND IN FREE ZONES SETS OUT THE COMMON LIST OF THE USUAL FORMS OF HANDLING REFERRED TO IN ARTICLE 9 ( 1 ) OF COUNCIL DIRECTIVE NO 69/74/EEC ;  WHEREAS , THESE FORMS OF HANDLING ARE PROCESSES OF INWARD PROCESSING WITHIN THE MEANING OF ARTICLE 2 ( 3 ) OF COUNCIL DIRECTIVE 69/73/EEC WHEN THEY ARE CARRIED OUT UNDER THE INWARD PROCESSING ARRANGEMENTS ;  WHEREAS , IN THESE CIRCUMSTANCES IT MAY BE ADMITTED THAT THEY DO NOT CONFLICT WITH ESSENTIAL INTERESTS OF COMMUNITY PRODUCERS , AND THE CONDITIONS OF ARTICLE 5 OF COUNCIL DIRECTIVE NO 69/73/EEC ARE FULFILLED IN THE CASE OF SUCH HANDLING ;  WHEREAS , IT WOULD BE AN UNNECESSARY ADMINISTRATIVE COMPLICATION TO REQUIRE THE COMPETENT AUTHORITIES TO ASSESS THE ECONOMIC EFFECT OF SUCH HANDLING ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . PROCESSES WHICH ARE REGARDED AS USUAL FORMS OF HANDLING WITHIN THE MEANING OF ARTICLE 1 ( 1 ) OF COUNCIL DIRECTIVE NO 71/235/EEC , SHALL , WHEN CARRIED OUT UNDER INWARD PROCESSING ARRANGEMENTS , BE DEEMED FOR THE PURPOSES OF ARTICLE 5 ( 1 ) OF COUNCIL DIRECTIVE NO 69/73/EEC , TO CONTRIBUTE TOWARDS THE MOST FAVOURABLE CONDITIONS FOR EXPORTS WITHOUT CONFLICTIONS WITH THE ESSENTIAL INTERESTS OF COMMUNITY PRODUCERS .  2 . THE PROCESSES REFERRED TO IN PARAGRAPH 1 MAY BE CARRIED OUT ONLY IN ACCORDANCE WITH ANY COMMUNITY OR NATIONAL RULES APPLICABLE .  ARTICLE 2  1 . THE MEMBER STATES SHALL BRING INTO FORCE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE AT THE LATEST BY 1 APRIL 1974 .  2 . EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE PROVISIONS WHICH IT ADOPTS FOR THE IMPLEMENTATION OF THIS DIRECTIVE . THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 3  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 4 MARCH 1974 .  FOR THE COUNCIL  THE PRESIDENT  W . SCHEEL  ( 1 ) OJ NO L 58 , 8 . 3 . 1969 , P . 1 .  ( 2 ) OJ NO L 58 , 8 . 3 . 1969 , P . 7 .  ( 3 ) OJ NO L 143 , 29 . 6 . 1971 , P . 28 .


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31978L0765

Commission Directive 78/765/EEC of 7 September 1978 amending Directive 76/447/EEC relating to the triangular system of the outward processing procedure

Official Journal L 257 , 20/09/1978 P. 0007 - 0007 Greek special edition: Chapter 02 Volume 6 P. 0235  Spanish special edition: Chapter 02 Volume 5 P. 0119  Portuguese special edition Chapter 02 Volume 5 P. 0119

COMMISSION DIRECTIVE  of 7 September 1978  amending Directive 76/447/EEC relating to the triangular system of the outward processing procedure  (78/765/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/119/EEC of 18 December 1975 on the harmonization of provisions laid down by law, regulation or administrative action in respect of outward processing (1), and in particular Article 14 thereof,  Whereas Commission Directive 76/447/EEC of 4 May 1976 relating to the triangular system of the outward processing procedure (2) provides for the information sheet INF-2 to be used in support of the information required to identify the temporarily exported goods in the reimported compensating products and to determine the basis of taxation relating to the goods temporarily exported for the purpose of granting total or partial relief from the import duties applicable to the compensating products;  Whereas, however, in certain cases, and more particularly when the compensating products are obtained from a large and varied number of temporarily exported goods, the use of information sheet INF-2 would give rise to complications ; whereas provision should be made for the Member States to use other control and information measures of a kind which give the same guarantee;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Customs Processing Arrangements,  HAS ADOPTED THIS DIRECTIVE:    Article 1 An Article 8a as follows is inserted in Directive 76/447/EEC:  "Article 8a  Member States concerned with a particular trade flow may conclude specific arrangements for information and control procedures other than those based on the use of the INF-2 sheet and offering equivalent guarantees.  Member States intending to conclude such an arrangement shall notify the draft thereof in advance to the Commission, which shall inform the other Member States.  The arrangement may be implemented if, within two months from the date of receipt of such draft, the Commission has not informed the Member States concerned that there are objections to its implementation."   Article 2 This Directive is addressed to the Member States.     Done at Brussels, 7 September 1978.  For the Commission  Étienne DAVIGNON  Member of the Commission  (1)OJ No L 24, 30.1.1976, p. 58. (2)OJ No L 121, 8.5.1976, p. 52.


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31969L0077

Council Directive 69/77/EEC of 4 March 1969 amending the Council Directive of 7 July 1964 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries)

Official Journal L 059 , 10/03/1969 P. 0008 - 0009 Finnish special edition: Chapter 6 Volume 1 P. 0090  Danish special edition: Series I Chapter 1969(I) P. 0090  Swedish special edition: Chapter 6 Volume 1 P. 0090  English special edition: Series I Chapter 1969(I) P. 0098  Greek special edition: Chapter 06 Volume 1 P. 0116  Spanish special edition: Chapter 06 Volume 1 P. 0112  Portuguese special edition Chapter 06 Volume 1 P. 0112

COUNCIL DIRECTIVE  of 4 March 1969  amending the Council Directive of 7 July 1964 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries)  (69/77/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2), 77, 63 (2) and 66 thereof; Having regard to the General Programme for the abolition of restrictions on freedom of establishment, (1) and in particular the second and third paragraphs of Title V thereof; Having regard to the General Programme for the abolition of restrictions on freedom to provide services, (2) and in particular the second and third paragraphs of Title VI thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament (3); Having regard to the Opinion of the Economic and Social Committee (4); Whereas activities in respect of sight testing carried out by opticians with a view to the manufacture of lenses for spectacles are excluded from the scope of the Council Directive of 7 July 1964 (5) concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) ; whereas consequently the Directive (6) laying down detailed provisions concerning transitional measures in respect of such activities should likewise not apply to those activities; Whereas activities in respect of the examination of the organs of sight or hearing, or of other organs or parts of the body, carried out with a view to the adjustment or sale of appliances for the correction of sight or hearing defects, or of orthopaedic appliances are excluded from the scope of the Council Directive of 15 October 1968 (7) concerning attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612) and of the Directive (8) laying down detailed provisions concerning transitional measures in respect of such activities ; whereas provisions laid down by law, regulation or administrative action in force in certain Member States present special problems in this connection as regards the protection of public health; Whereas, since a disparity in scope between the transitional measures concerning retail trade and those concerning industry and small craft industries would give rise to practical difficulties in applying the relevant Directives, the Directive concerning transitional measures in respect of industry and small craft industries should be aligned with the Directive concerning transitional measures in respect of retail trade ; whereas at the same time the rights of beneficiaries under the Directive concerning transitional measures in respect of industry and small craft industries should nevertheless be protected ; whereas consequently the present Directive does not affect those rights;  (1) OJ No 2, 15.1.1962, p. 36/62. (2) OJ No 2, 15.1.1962, p. 32/62. (3) OJ No C 17, 12.2.1969, p. 12. (4) OJ No C 4, 14.1.1969, p. 6. (5) OJ No 117, 23.7.1964, p. 1880/64. (6) OJ No 117, 23.7.1964, p. 1863/64. (7) OJ No L 260, 22.10.1968, p. 10. (8) OJ No L 260, 22.10.1968, p. 6.  Whereas, as regards the activities to be excluded from the scope of the above Directives, special Directives will be adopted for the purpose of co-ordinating the provisions laid down by law, regulation or administrative action in the Member States; HAS ADOPTED THIS DIRECTIVE:  Article 1There shall be added to Article 1 of the Council Directive of 7 July 1964 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) a paragraph 3, which shall read as follows: "3. This Directive shall not apply to activities in respect of the examination of the organs of sight or hearing, or of other organs or parts of the body, carried out with a view to the manufacture, fitting, adjustment or sale of appliances for the correction of sight or hearing defects or of orthopaedic appliances."  Article 2This Directive shall not affect rights already acquired by beneficiaries under the Directive referred to in Article 1.  Article 3This Directive is addressed to the Member States. Done at Brussels, 4 March 1969. For the Council The President G. THORN


Commission Directive 63/601/EEC of 15 October 1963 setting the timetable for the phasing-out of the ("heffing") levy on beer, applied by the Netherlands vis-a-vis the other Member States


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31994L0070

Council Directive 94/70/EEC of 13 December 1994 amending Council Directive 92/120/EEC on the conditions for granting temporary and limited derogations from specific Community health rules on the production and marketing of certain products of animal origin

Official Journal L 368 , 31/12/1994 P. 0032 - 0032 Finnish special edition: Chapter 3 Volume 64 P. 0230  Swedish special edition: Chapter 3 Volume 64 P. 0230

COUNCIL DIRECTIVE 94/70/EC of 13 December 1994 amending Council Directive 92/120/EEC on the conditions for granting temporary and limited derogations from specific Community health rules on the production and marketing of certain products of  animal originTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, under Directive 92/120/EEC of 17 December 1992 (4), the minimum output for slaughterhouses benefiting from the derogation was increased to 20 livestock units per week and 1 000 livestock units per year respectively, until 31 December 1994;  Whereas the Commission has submitted to the Council a proposal the purpose of which is to review the provisions applicable to small establishments benefiting from the derogation and whereas the Council has been unable to act on the proposal by 31  December 1994; whereas that provision should therefore be maintained pending the Council's decision,  HAS ADOPTED THIS DIRECTIVE:   Article 1  The date '31 December 1994' in Article 2 (2) of Directive 92/120/EEC shall be replaced by '28 February 1995'.   Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1995. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member  States.   Article 3  This Directive is addressed to the Member States.  Done at Brussels, 13 December 1994.  For the Council The President J. BORCHERT  (1) OJ No C 84, 2. 4. 1990, p. 100.(2) OJ No C 183, 15. 7. 1991.(3) OJ No C 332, 31. 12. 1990, p. 62.(4) OJ No L 62, 15. 3. 1993, p. 86.


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31986L0137

Council Directive 86/137/EEC of 17 April 1986 authorizing certain Member States to defer further the application of Directive 77/780/EEC as regards certain credit institutions

Official Journal L 106 , 23/04/1986 P. 0035 - 0035

*****COUNCIL  DIRECTIVE  of 17 April 1986  authorizing certain Member States to defer further the application of Directive 77/780/EEC as regards certain credit institutions  (86/137/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to First Council Directive 77/780/EEC of 12 December 1977 on the coordination of the laws, regulaions and administrative provisions relating to the taking up and pursuit of the business of credit institutions (1) and in particular Article 2 (6) thereof,  Having regard to the proposal from the Commission,  Whereas the third subparagraph of Article 2 (6) of Directive 77/780/EEC provides that not later than seven years following the notification of the Directive, the Commission shall, after consulting the Banking Advisory Committee, submit a report to the Council on the situation regarding deferment of application of the Directive to certain specialized credit institutions;  Whereas the Commission consulted the Banking Advisory Committee on 12 December 1984 and submitted to the Council a report on 15 March 1985 informing it of the situation with regard to such deferment;  Whereas the said third subparagraph of Article 2 (6) also provides that, where appropriate, the Commission shall submit to the Council, not later than six months following the submission of its report, proposals for authorization of a further extension of such deferment and that the Council shall act on these proposals not later than six months after their submission;  Whereas some Member States after having been invited by the Commission have submitted to it a fully substantiated request for further deferment with regard to certain credit institutions;  Whereas the Commission deemed it appropriate to propose to the Council that application of the Directive to the abovementioned credit institutions be deferred for a further three years,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following Member States are hereby authorized to defer the application of Directive 77/780/EEC until 15 December 1988, with regard to the following credit institutions:  Denmark  - Bankiervirksomhed, der udoeves af en fondsboersvekselerer (Banking activity of the stock exchange Brokers);  Greece  - Agrotiki Trapeza Ellados A.E. (Agricultural Bank of Greece Ltd),  - Ethniki Ktimatiki Trapeza Ellados (National Mortgage Bank of Greece);  Ireland  - Trustee Savings Banks;  Netherlands  - Rijkspostspaarbank (State savings bank);  United Kingdom  - Trustee Savings Banks.  Article 2  The Member States shall inform the Commission forthwith of the measures taken to comply with this Directive. Directive Article 3  This Directive is addressed to the Kingdom of Denmark, the Hellenic Republic, Ireland, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland.  Done at Luxembourg, 17 April 1986  For the Council  The President  E. M. SCHOO  (1) OJ No L 322, 17. 12. 1977, p. 30.


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31980L1180

Council Directive 80/1180/EEC of 4 December 1980 amending, consequent on the accession of Greece, Directive 77/796/EEC aiming at the mutual recognition of diplomas, certificates and other evidence of formal qualifications for goods haulage operators and road passenger transport operators, including measures intended to encourage these operators effectively to exercise their right to freedom of establishment

Official Journal L 350 , 23/12/1980 P. 0043 - 0043 Greek special edition: Chapter 06 Volume 3 P. 0006  Spanish special edition: Chapter 07 Volume 2 P. 0257  Portuguese special edition Chapter 07 Volume 2 P. 0257

COUNCIL DIRECTIVE  of 4 December 1980  amending, consequent on the accession of Greece, Directive 77/796/EEC aiming at the mutual recognition of diplomas, certificates and other evidence of formal qualifications for goods haulage operators and road passenger transport operators, including measures intended to encourage these operators effectively to exercise their right to freedom of establishment  (80/1180/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the 1979 Act of Accession, and in particular Article 146 thereof,  Having regard to the proposal from the Commission,  Whereas Council Directive 77/796/EEC of 12 December 1977 aiming at the mutual recognition of diplomas, certificates and other evidence of formal qualifications for goods haulage operators and road passenger transport operators, including measures intended to encourage these operators effectively to exercise their right to freedom of establishment (1), must be amended so as to ensure the mutual recognition in Greece of transport operators' professional competence under conditions comparable to those which have been applied in the present Member States;  Whereas such amendment must take account of the time limit laid down in Annex XII to the 1979 Act of Accession for the introduction by Greece of the measures required for the application of Directive 77/796/EEC,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The following paragraph shall be added to Article 5 of Directive 77/796/EEC:  "3. With regard to Greece, the date "1 January 1975" in paragraph 2 shall be replaced by "1 January 1981"."   Article 2 This Directive shall apply as from 1 January 1981.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 4 December 1980.  For the Council  The President  J. BARTHEL  (1)OJ No L 334, 24.12.1977, p. 37.


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31973L0325

Commission Directive 73/325/EEC of 5 October 1973 modifying Article 7 of Commission Directive 73/95/EEC of 26 March 1973 applying Articles 13 and 14 of the Council Directive of 4 March 1969, on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing

Official Journal L 297 , 25/10/1973 P. 0030 - 0030

+++++( 1 ) OJ NO L 58 , 8 . 3 . 1969 , P . 1 .  ( 2 ) OJ NO L 120 , 7  . 5 . 1973 , P . 17 .  COMMISSION DIRECTIVE OF 5 OCTOBER 1973 MODIFYING ARTICLE 7 OF THE COMMISSION DIRECTIVE 73/95/EEC OF 26 MARCH 1973 APPLYING ARTICLES 13 AND 14 OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 , ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING ( 73/325/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO COUNCIL DIRECTIVE 69/73/EEC ( 1 ) OF 4 MARCH 1969 , ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING AND IN PARTICULAR ARTICLE 28 THEREOF ;  WHEREAS DIRECTIVE 73/95/EEC ( 2 ) APPLYING ARTICLES 13 AND 14 OF THE AFORESAID COUNCIL DIRECTIVE , ADOPTED ON 26 MARCH 1973 , MAKES PROVISION IN ARTICLE 7 FOR ENTRY INTO FORCE NOT LATER THAN SIX MONTHS AFTER ITS NOTIFICATION ;  WHEREAS THE NOTIFICATION TOOK PLACE ON 6 APRIL 1973 ;  WHEREAS THE COUNCIL HAS CURRENTLY BEEN ADVISED OF A PROPOSAL TO MODIFY THE DIRECTIVE OF 4 MARCH 1969 IN ORDER TO ENSURE EQUAL CUSTOMS CONSIDERATION FOR DIRECT IMPORTATIONS OF PRODUCTS WHICH BENEFIT FROM DUTY FREE ADMISSION BASED ON THESE PRODUCTS ON THE ONE HAND , AND ON PRODUCTS OBTAINED IN THE COMMUNITY UNDER INWARD PROCESSING PROCEDURES HAVING THE SAME CONSIGNEE OR DESTINATION ON THE OTHER HAND ; WHEREAS THIS PROPOSAL IS OF PARTICULAR INTEREST TO CERTAIN IMPORTANT COMMUNITY INDUSTRIAL SECTORS ;  WHEREAS THE ENTRY INTO FORCE OF THE SAID APPLYING DIRECTIVE ON THE DATE LAID DOWN IN ARTICLE 7 THEREOF WOULD SET UP A CUSTOMS COOPERATION PROCEDURE WHICH , IF THE PROPOSED DIRECTIVE AMENDING ARTICLE 13 OF THE DIRECTIVE OF 4 MARCH 1969 WERE APPROVED WOULD BE RENDERED INEFFECTIVE FOR DELIVERIES , BY THE AUTHORIZED PROCESSOR , OF PRODUCTS OF THOSE INDUSTRIAL SECTORS UNDER THE CONDITIONS MENTIONED ABOVE ;  WHEREAS THE STATE OF DISCUSSIONS ON THE PROPOSED DIRECTIVE FOR THE AMENDMENT OF ARTICLE 13 , IS SUCH THAT THIS AMENDMENT CANNOT BE EXPECTED IN THE NEAR FUTURE ;  WHEREAS IN ADDITION , THE TEXT OF THE APPLYING DIRECTIVE OF 26 MARCH 1973 NEEDS REVISION IN ORDER TO TAKE INTO CONSIDERATION COMMUNITY MEASURES WHICH HAVE BEEN TAKEN AND WHICH ARE TO BE TAKEN IN TRADE BETWEEN MEMBER STATES OF THE COMMUNITY AS ORIGINALLY CONSTITUTED AND NEW MEMBER STATES ON THE ONE HAND AND BETWEEN THE NEW MEMBER STATES ON THE OTHER HAND ;  WHEREAS FOR THESE REASONS AN EXTENSION OF THE TIME LIMIT FOR BRINGING INTO FORCE THE PROVISIONS OF THE DIRECTIVE OF APPLICATION BY THE MEMBER STATES IS REQUIRED ;  WHEREAS AN EXTENSION OF THE TIME LIMIT OF SIX MONTHS APPEARS APPROPRIATE ;  WHEREAS THE PROVISIONS OF THIS DIRECTIVE CORRESPOND TO THE OPINION OF THE COMMITTEE ON INWARD PRCESSING ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  ARTICLE 7 OF THE COMMISSION DIRECTIVE OF 26 MARCH 1973 APPLYING ARTICLES 13 AND 14 OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 , ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING , SHALL BE MODIFIED AS FOLLOWS :  " ARTICLE 7  THE MEMBER STATES SHALL BRING INTO FORCE THE NECESSARY MEASURES TO CONFORM WITH THIS DIRECTIVE NOT LATER THAN 12 MONTHS AFTER ITS NOTIFICATION . "  ARTICLE 2  THIS DIRECTIVE IS ADDRESSED TO ALL MEMBER STATES .  DONE AT BRUSSELS , 5 OCTOBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


Commission Directive 65/400/EEC of 29 July 1965 setting the timetable for the phasing-out of the tax levied by the Federal Republic of Germany on imports from the other Member States of all agricultural and food products requiring import licences


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31987L0287

Council Directive 87/287/EEC of 26 May 1987 on the synchronization of general population censuses in 1991

Official Journal L 143 , 03/06/1987 P. 0033 - 0033

		Council Directiveof 26 May 1987on the synchronization of general population censuses in 1991(87/287/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 Directive submitted by the Commission,Whereas the Commission needs to be in possession of sufficiently reliable, detailed and comparable data on population, employment and households, in order to fulfil the tasks assigned to it by the Treaty, in particular Articles 2, 3, 117, 118, 122 and 123 thereof ;Whereas at present general population censuses do not necessarily provide data which are comparable at Community level either as regards classifications or tabulations since they are designed to meet national needs ;Whereas periodic exhaustive surveys of the population and of the principal social, economic and family characteristics of individuals are indispensable for the study and definition of regional and social policies affecting particular sectors of the Community ;Whereas, in order for the most judicious use possible to be made of the data in drawing comparisons between Member States, the dates to which such data refer should be close together ;Whereas various international organizations, in particular the United Nations Organization and the Council of Europe, recommend that censuses should be organized at the beginning of every decade ;Whereas a general population census requires lengthy preparations,HAS ADOPTED THIS DIRECTIVE :Article 1Member States other than the French Republic and the Italian Republic shall conduct a general population census on a date between 1 March and 31 May 1991.The French Republic shall conduct a general population census on a date between 15 February and 31 May 1990.The Italian Republic shall conduct a general population census on a date between 1 March and 31 October 1991.Article 2The Commission, in collaboration with the competent authorities of the Member States, shall draw up a programme of the statistical tables to be prepared on the basis of the censuses referred to in Article 1, covering certain demographic, economic and social characteristics of individuals, households and families at national and regional level.Once completed, the tables shall be forwarded to the Commission.Article 3Those Member States which are unable to carry out an exhaustive census in accordance with Article 1 shall supply statistical data comparable to those specified under Article 2, in respect of 1991, on the basis of alternative methods, such as use of registers or sample surveys.Article 4This Directive is addressed to the Member States.Done at Brussels, 26 May 1987.For the CouncilThe PresidentM. Hansenne--------------------------------------------------


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31995L0065

Commission Directive 95/65/EC of 14 December 1995 amending Directive 92/76/EEC recognizing protected zones exposed to particular plant health risks in the Community

Official Journal L 308 , 21/12/1995 P. 0075 - 0076

COMMISSION DIRECTIVE 95/65/EC of 14 December 1995 amending Directive 92/76/EEC recognizing protected zones exposed to particular plant health risks in the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 95/41/EC (2), and in particular the first subparagraph of Article 2 (1) (h) thereof,Having regard to Commission Directive 92/76/EEC of 6 October 1992 recognizing protected zones exposed to particular plant health risks in the Community (3), as last amended by Directive 95/40/EC (4),Whereas pursuant to Directive 92/76/EEC certain zones in the Community were recognized as 'protected zones` in respect of certain harmful organisms for a period expiring on 1 April 1996;Whereas based on a request from Italy to be able to trade all citrus fruits with their leaves and peduncles and not just the fruit of Citrus clementina Hort. ex Tanaka, the protected zones recognized for Greece, France, Italy and Portugal in respect of Citrus tristeza virus (European isolates) should be modified to cover all fruit of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee and Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1 The Annex to Directive 92/76/EEC is hereby amended as indicated in the Annex to this Directive.Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from 1 January 1996. They shall immediately 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 procedure for such a reference shall be adopted by Member States.2. Member States shall immediately communicate to the Commission the essential provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 3 This Directive shall enter into force on the day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 14 December 1995.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 26, 31. 1. 1977, p. 20.(2) OJ No L 182, 2. 8. 1995, p. 17.(3) OJ No L 305, 21. 10. 1992, p. 12.(4) OJ No L 182, 2. 8. 1995, p. 14.ANNEX Point (d) (4) is replaced by the following:>TABLE>


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31983L0264

Council Directive 83/264/EEC of 16 May 1983 amending for the fourth time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations

Official Journal L 147 , 06/06/1983 P. 0009 - 0010 Spanish special edition: Chapter 13 Volume 14 P. 0063  Portuguese special edition Chapter 13 Volume 14 P. 0063  Finnish special edition: Chapter 15 Volume 4 P. 0125  Swedish special edition: Chapter 15 Volume 4 P. 0125

COUNCIL DIRECTIVE of 16 May 1983 amending for the fourth time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (83/264/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 (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the use of tris (2,3 dibromopropyl)-phosphate to fireproof textile articles was prohibited by Directive 79/663/EEC (4) because of the health hazards it presents ; whereas subsequent examinations have shown that two other fire-retardant products, tris-(aziridinyl)-phosphinoxide and polybrominatedbiphenyls (PBB), are harmful to health and, consequently, should not be employed in textile articles which come into contact with the skin;  Whereas 3,3 dimethoxybenzidine is used in the manufacture of sneezing powder ; whereas, even though the information concerning the mutagenic and carcinogenic properties of this substance is not conclusive, the affinity of the structure of this substance to benzidine, which has a definitely established carcinogenic effect on man, suggests that great caution should be exercized in respect of its potential risks to health ; whereas it is clear that sneezing powder is mainly used by children who, in principle, represent a group which is sensitive to toxic chemicals and who should, consequently, receive special protection against health hazards ; whereas, therefore, the use of this substance should be prohibited in jokes and hoaxes such as sneezing powder;  Whereas some plant-based sneezing powders present dangers to those who use them, especially children, and are already banned for this reason in some Member States;  Whereas ammonium polysulphides have a corrosive effect and may cause serious, lasting damage, particularly to the eyes ; whereas these compounds, which are sold in particular to children as jokes or hoaxes are especially dangerous ; whereas their use should, consequently, be banned;  Whereas the volatile esters of bromaocetic acid are used as tear gas ; whereas they have an irritant effect upon and may be harmful to the respiratory system and the eyes ; whereas, in strong concentrations they produce a corrosive effect and can cause irreversible damage to the eyes ; whereas they should not be used by children and their use as a joke or hoax should, therefore, be prohibited;  Whereas the restrictions already introduced by some Member States in respect of the abovementioned substances directly affect the establishment or functioning of the common market ; whereas it is therefore necessary to harmonize existing legislation in this field in the Member States and to amend accordingly the Annex to Directive 76/769/EEC (5),  HAS ADOPTED THIS DIRECTIVE:    Article 1 The following items shall be added to the Annex to Directive 76/769/EEC: >PIC FILE= "T0023545">   (1) OJ No C 288, 10.11.1981, p. 7. (2) OJ No C 125, 17.5.1982, p. 148. (3) OJ No C 112, 3.5.1982, p. 42. (4) OJ No L 197, 3.8.1979, p. 37. (5) OJ No L 262, 27.9.1976, p. 201.   >PIC FILE= "T0023546">    Article 2 Member States shall bring into force the provisions necessary to comply with this Directive within 18 months of notification (1). They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 16 May 1983.  For the Council  The President  I. KIECHLE  (1) This Directive was notified to the Member States on 19 May 1983.


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31974L0121

Council Directive 74/121/EEC of 18 February 1974 on stability, growth and full employment in the Community

Official Journal L 063 , 05/03/1974 P. 0019 - 0020 Greek special edition: Chapter 05 Volume 2 P. 0015  Spanish special edition: Chapter 10 Volume 1 P. 0054  Portuguese special edition Chapter 10 Volume 1 P. 0054

++++COUNCIL DIRECTIVE  OF 18 FEBRUARY 1974  ON STABILITY , GROWTH AND FULL EMPLOYMENT IN THE COMMUNITY   ( 74/121/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 103 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;  WHEREAS THE ATTAINMENT BY STAGES OF ECONOMIC AND MONETARY UNION IN THE COMMUNITY REQUIRES THE IMPLEMENTATION OF CONVERGENT ECONOMIC POLICIES OF WHICH THE KEY PRINCIPLE IS THE ACHIEVEMENT OF STABILITY , GROWTH AND FULL EMPLOYMENT IN THE COMMUNITY ;  WHEREAS PROCEDURES FOR COORDINATING ECONOMIC POLICIES HAVE BEEN ORGANIZED , IN THIS CONNECTION , AT COMMUNITY LEVEL , PARTICULARLY IN THE COUNCIL DECISION OF 18 FEBRUARY 1974 ( 1 ) ON THE ATTAINMENT OF A HIGH DEGREE OF CONVERGENCE OF THE ECONOMIC POLICIES OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS , TO BE IN A POSITION TO MEET THE REQUIREMENT OF SUCH COORDINATION AND IN PARTICULAR TO BE ABLE TO PURSUE COMPATIBLE OBJECTIVES AT COMMUNITY LEVEL WITH REGARD TO STABILITY , GROWTH AND FULL EMPLOYMENT , EACH MEMBER STATE MUST POSSESS AN ADQUATE SET OF ECONOMIC POLICY INSTRUMENTS ;  WHEREAS SUCH INSTRUMENTS MUST BE AVAILABLE AND READY FOR PROMPT USE BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES IF THEY ARE TO CONTROL SHORT-TERM ECONOMIC DEVELOPMENTS AND KEEP THESE IN LINE WITH THE GUIDELINES ESTABLISHED AT COMMUNITY LEVEL ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  IN ORDER TO ACHIEVE THE OBJECTIVES OF PRICE STABILITY , EXTERNAL BALANCE , GROWTH AND FULL EMPLOYMENT IN THE COMMUNITY , EACH MEMBER STATE SHALL IMPLEMENT ITS SHORT - AND MEDIUM-TERM ECONOMIC POLICIES IN ACCORDANCE WITH THE GUIDELINES ADOPTED BY THE COUNCIL PURSUANT TO THE COUNCIL DECISION OF 18 FEBRUARY 1974 ON THE ATTAINMENT OF A HIGH DEGREE OF CONVERGENCE OF THE ECONOMIC POLICIES OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY .  ARTICLE 2  WHEN THEY TAKE MAJOR MEASURES OF ECONOMIC POLICY IN ORDER TO ACHIEVE THE OBJECTIVES SET OUT IN ARTICLE 1 , MEMBER STATES SHALL MAKE EXPLICIT REFERENCE TO THE GUIDELINES ADOPTED BY THE COUNCIL .  ARTICLE 3  THE GOVERNMENTS OF THE MEMBER STATES SHALL , ACCORDING TO THEIR OWN ARRANGEMENTS , CONFER WITH THE REPRESENTATIVES OF THE MAIN ECONOMIC AND SOCIAL GROUPS ON THE BROAD LINES OF ECONOMIC POLICY .  ARTICLE 4  IN ORDER TO ESTABLISH MEDIUM-TERM ECONOMIC PROGRAMMES FOR THE COMMUNITY , EACH MEMBER STATE SHALL PREPARE MEDIUM-TERM ECONOMIC FORECASTS ACCOMPANIED BY INFORMATION ON THE APPROPRIATE MEANS TO BE USED TO PROMOTE A PATTERN OF DEVELOPMENT IN CONFORMITY WITH THE GUIDELINES SPECIFIED IN ARTICLE 1 .  ARTICLE 5  EACH MEMBER STATE SHALL ADOPT THE PROVISIONS NECESSARY TO ENABLE THE PUBLIC AUTHORITIES , IF THE NEED ARISES AND FOR A LIMITED PERIOD , TO SLOW DOWN OR ACCELERATE THE RATE OF PUBLIC SPENDING AND TO MODIFY DIRECT OR INDIRECT TAXES WITHIN NOT MORE THAN 90 DAYS .  ARTICLE 6  EACH MEMBER STATE SHALL DRAW UP PUBLIC INVESTMENT PROGRAMMES COVERING A FIVE-YEAR PERIOD . IMPLEMENTATION OF THE PROGRAMMES SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF CURRENT ECONOMIC ACTIVITY , WITHIN THE FRAMEWORK OF PUBLIC EXPENDITURE .  ARTICLE 7  EACH MEMBER STATE SHALL TAKE THE MEASURES NECESSARY  ( WHERE THEY DO NOT AS YET EXIST ) TO ENABLE THE COMPETENT AUTHORITIES , WITHOUT PRIOR AUTHORIZATION , TEMPORARILY TO FREEZE THE YIELD OF EXCESS TAX REVENUE OR OF LOANS , AND TO RELEASE SUCH FUNDS AT A LATER DATE .  ARTICLE 8  MEMBER STATES SHALL ENSURE THAT THE MANAGEMENT OF THE FINANCES OF LOCAL AUTHORITIES AND , WHERE APPROPRIATE , OF SOCIAL SECURITY AGENCIES CONTRIBUTES TO THE ATTAINMENT OF THE OBJECTIVES AND TO THE IMPLEMENTATION OF THE GUIDELINES REFERRED TO IN ARTICLE 1 . THEY SHALL AS FAR AS NECESSARY PROVIDE THEMSELVES WITH THE MEANS NEEDED TO ENABLE THE INDEBTEDNESS OF SUCH AUTHORITIES AND AGENCIES TO BE CONTROLLED .  ARTICLE 9  MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO ENABLE THEM TO TAKE PROMPT ACTION ON THE VARIOUS ELEMENTS COVERED BY THE POLICY OF THE MONETARY AUTHORITIES , PARTICULARLY MONEY SUPPLY , BANK LIQUIDITY , CREDIT AND INTEREST RATES .  FOR THIS PURPOSE , MEMBER STATES SHALL CONFER UPON THEIR MONETARY AUTHORITIES , IN SO FAR AS THE LATTER DO NOT ALREADY HAVE THEM , AT LEAST THE INSTRUMENTS AND POWERS TO ENABLE THEM TO APPLY , WHERE NECESSARY , THE FOLLOWING MEASURES :   - IMPOSITION OR MODIFICATION OF RESERVE RATIOS APPLYING TO THE LIABILITIES OF MONETARY INSTITUTIONS ;   - IMPOSITION OR MODIFICATION OF RESERVE RATIOS APPLYING TO THE CREDIT GRANTED BY MONETARY INSTITUTIONS ;   - RECOURSE TO AN OPEN MARKET POLICY WITH WIDE SCOPE FOR ACTION , INCLUDING THE USE , AS NECESSARY , OF SHORT - , MEDIUM - AND LONG-TERM SECURITIES ;   - MODIFICATION OF THE REDISCOUNT CEILINGS WITH THE CENTRAL BANK ;   - MODIFICATION OF THE VARIOUS INTERVENTION RATES PRACTISED BY THE MONETARY AUTHORITIES .  IN ADDITION , THE MONETARY AUTHORITIES SHALL , AS FAR AS POSSIBLE , BE INVESTED WITH THE INSTRUMENTS AND POWERS ENABLING THEM TO IMPLEMENT THE FOLLOWING MEASURES :   - MODIFICATION OF THE BORROWING AND LENDING INTEREST RATES PAID OR CHARGED BY PUBLIC CREDIT AGENCIES ;   - IMPOSITION OR MODIFICATION OF CONDITIONS FOR CONSUMER CREDIT , HIRE-PURCHASE SALES AND MORTGAGE CREDIT ;   - QUANTITATIVE OR QUALITATIVE CREDIT CONTROL .  ARTICLE 10  MEMBER STATES SHALL , TO THE EXTENT THAT THEY DEEM IT EXPEDIENT , TAKE THE MEASURES NECESSARY TO ENABLE THEM TO IMPOSE , WHERE NECESSARY , WITHOUT DELAY AND TEMPORARILY , AN OVERALL OR SELECTIVE RESTRICTION ON THE RISE IN PRICES AND INCOMES .  ARTICLE 11  TO ENABLE THE GUIDELINES WHICH ARE TO ADOPTED BY THE COUNCIL TO BE DRAWN UP AND TO ENABLE THEIR APPLICATION TO BE MONITORED , MEMBER STATES SHALL ENSURE THAT ESSENTIAL INFORMATION IS GATHERED QUICKLY AND SHALL COMMUNICATE IT TO THE COMMISSION AS SOON AS IT IS AVAILABLE .  ARTICLE 12  MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN 12 MONTHS OF ITS NOTIFICATION . THIS PERIOD SHALL , HOWEVER , BE EXTENDED TO TWO YEARS FOR THE IMPLEMENTATION OF ARTICLES 5 AND 8 .  ARTICLE 13  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 18 FEBRUARY 1974 .  FOR THE COUNCIL  THE PRESIDENT  H . SCHMIDT  ( 1 ) SEE P . 16 OF THIS OFFICIAL JOURNAL .


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31993L0095

Council Directive 93/95/EEC of 29 October 1993 amending Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment (PPE)

Official Journal L 276 , 09/11/1993 P. 0011 - 0012

COUNCIL DIRECTIVE 93/95/EEC of 29 October 1993 amending Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment (PPE)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas measures to establish the internal market in personal protective equipment (PPE) have to be adopted pursuant to Directive 89/686/EEC (4);  Whereas Article 5 (3) of that Directive states that PPE for which harmonized standards are not available may continue on a transitional basis, until 31 December 1992, to be subject to national arrangements already in force on the date of adoption of the  Directive;  Whereas it emerges from information received from the Member States and the trade that the transitional period is too short to enable the Directive to be properly applied;  Whereas the harmonized standards will make a significant contribution towards facilitating the placing on the market and the free movement of personal protective equipment;  Whereas, however, some of the harmonized standards will not be available on the date of application of Directive 89/686; whereas, therefore, the establishment and uniformity of a single market in these products cannot be ensured;  Whereas the introduction of a new system of control and certification and the establishment of the provisions and mechanisms needed for the proper functioning of the Directive are not sufficiently advanced;  Whereas the absence of harmonized standards could lead to a situation in which an adequate degree of protection and conformity control as regards helmets for users of two-wheeled motor vehicles was no longer ensured; whereas the protection of persons in  the event of an accident might thus be jeopardized; whereas, in order to avoid a deterioration in safety and control such helmets should be excluded from the scope of Directive 89/686/EEC pending the introduction of specific requirements for such  helmets,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 89/686/EEC is hereby amended as follows:  1. Article 5 (3) shall be deleted;  2. the last indent of Article 8 (4) (a) shall be deleted;  3. Article 16 shall be replaced by the following:  'Article 16 1. Before 31 December 1991, Member States shall adopt and publish the laws, regulations and administrative provisions necessary in order to comply with this Directive. They shall forthwith inform the Commission thereof.  They shall apply the measures in question with effect from 1 July 1992.  2. Furthermore, Member States shall allow, for the period until 30 June 1995, the placing on the market and putting into service on PPE in conformity with the national regulations in force in their territory on 30 June 1992.  3. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.';  4. the following item 5 shall be added to Annex I:  '5. Helmets and visors intended for users of two- or three-wheeled motor vehicles'.   Article 2  1. Within three months of adoption of this Directive, Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with it. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.   Article 3  This Directive is addressed to the Member States.  Done at Brussels, 29 October 1993.  For the Council The President R. URBAIN  (1) OJ No C 36, 10. 2. 1993, p. 18.  (2) OJ No C 194, 19. 7. 1993, p. 154 and the Decision of 27 October 1993 (not yet published in the Official Journal).  (3) OJ No C 129 10. 5. 1993, p. 1.  (4) OJ No L 399, 30. 12, 1989, p. 18.


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31992L0076

Commission Directive 92/76/EEC of 6 October 1992 recognizing protected zones exposed to particular plant health risks in the Community

Official Journal L 305 , 21/10/1992 P. 0012 - 0015 Finnish special edition: Chapter 3 Volume 45 P. 0122  Swedish special edition: Chapter 3 Volume 45 P. 0122

COMMISSION DIRECTIVE 92/76/EEC  of 6 October 1992  recognizing protected zones exposed to particular plant health risks in the CommunityTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by  Commission Directive 92/10/EEC (2), and in particular the first subparagraph of Article 2 (1) (h) thereof,  Having regard to the requests made by Denmark, Greece, Spain, France, Ireland, Italy, Portugal and the United Kingdom,  Whereas under the provisions of Directive 77/93/EEC, 'protected zones' exposed to particular plant health risks may be defined and therefore may be accorded special protection under conditions compatible with the internal market;  Whereas, moreover, Member States may request the recognition as protected zone, in particular, of a zone in which one or more harmful organisms referred to in the said Directive, which are established in one or more parts of the Community, are not  endemic or established, despite conditions being favourable for them to establish themselves there;  Whereas certain Member States have requested that certain zones be recognized as protected zones;  Whereas the abovementioned requests should be based on the grounds that the results of appropriate surveys, monitored by Commission experts, confirm that one or more of the harmful organisms, in respect of which the zone is to be recognized as a  protected zone, are not endemic or established there;  Whereas, however, the details of such surveys are not yet fully established at Community level;  Whereas the recognition should be provisional only and based on the available information submitted by the Member States concerned;  Whereas an extension of the recognition beyond 1994 will be decided only on the basis of the results of the required surveys as monitored by Commission experts;  Whereas a provision should be foreseen for modifying later, if necessary, the list of protected zones;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The zones in the Community listed in the Annex are hereby recognized for a period expiring on 31 December 1994 as 'protected zones' referred to in the first subparagraph of Article 2 (1) (h) of Directive 77/93/EEC, in respect of the harmful  organism(s) listed against their names in the Annex.  Article 2  The extension of the recognition beyond the date referred to in Article 1, and any amendment to the list of protected zones referred to in Article 1, shall be made in accordance with the procedure laid down in Article 16a of Directive  77/93/EEC, taking into account the results of appropriate surveys based on Community conditions and monitored by Commission experts.  Article 3  1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive on the date referred to in Article 3 (1) of Council Directive 91/683/EEC (3). They shall forthwith inform the  Commission thereof.  When Member States adopt these measures, 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 immediately communicate to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.  Article 4  This Directive is addressed to the Member States. Done at Brussels, 6 October 1992. For the Commission  Ray MAC SHARRY  Member of the Commission   (1) OJ No L 26, 31. 1. 1977, p. 20. (2) OJ No L 70, 17. 3. 1992, p. 27. (3) OJ No L 376, 31. 12. 1991, p. 29.    ANNEX  ZONES IN THE COMMUNITY RECOGNIZED AS 'PROTECTED ZONES', IN RESPECT OF HARMFUL ORGANISM(S) LISTED AGAINST THEIR NAMES      Harmful organisms  Protected zones: territory of       (a) Insects, mites and nematodes, at all stages of their development   1. Anthonomus grandis (Boh.)  Greece, Spain, Italy  2. Bemisia tabaci Genn. (European populations)  Denmark, Ireland,  Portugal, United Kingdom  3. Cephalcia lariciphila (Klug.)  France, Ireland, United Kingdom (Northern Ireland and the Isle of Man)  4. Dendroctonus micans Kugelan  Greece, Spain, Ireland, Italy, Portugal, United Kingdom (Scotland, Northern Ireland,  England: the following counties: Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, Essex, Hampshire, Hertfordshire, Humberside, Isle of Man, Isle of Wight, Isles of Scilly, Kent, Lincolnshire,  Norfolk, Northants, Northumberland, Nottinghamshire, Oxfordshire, Somerset, Suffolk, Surrey, Sussex East, Sussex West, Tyne and Wear, Wiltshire, Yorkshire South, Yorkshire West, and the following parts of counties: Avon; that part of the county to the  north of the southern boundary of the M4 motorway; Derbyshire; the districts of North-east Derbyshire, Chesterfield, Bolsover; Leicestershire; the districts of Charnwood, Melton, Rutland, Harborough, Oadby and Wigston, Leicester, Blaby; Yorkshire North;  the districts of Scarborough, Ryedale, Hambleton, Richmondshire, Harrogate, York, Selby)  5. Gilpinia hercyniae (Hartig)  Greece, France, Ireland, United Kingdom (Northern Ireland and the Isle of Man)  6. Gonipterus scutellatus Gyll  Greece, Portugal   7. Ips amitinus Eichhof  Greece, Spain, France (Corsica), Ireland, Italy, Portugal, United Kingdom  8. Ips cembrae Heer  Greece, Spain, Ireland, Portugal, United Kingdom (Northern Ireland and the Isle of Man)  9. Ips duplicatus Sahlberg  Greece, Spain,  Ireland, Italy, Portugal, United Kingdom  10. Ips sexdentatus Boerner  Greece, Ireland, United Kingdom (Northern Ireland and the Isle of Man)  11. Ips typographus Heer  Greece, Spain, Ireland, Portugal, United Kingdom  12. Leptinotarsa decemlineata Say   Spain (Menorca and Ibiza), Ireland, Portugal (Azores and Madeira), United Kingdom  13. Matsuccocus feytaudi Duc.  France (Corsica)  14. Pissodes spp. (European)  Ireland, United Kingdom (Northern Ireland and the Isle of Man)  15. Sternochetus  mangiferae Fabricius  Spain, Portugal  16. Thaumetopoea pityocampa (Den. et Schiff.)  Spain (Ibiza)  17. All unknown non-European organisms harmful to fruit of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids  Greece, France (Corsica),  Italy  (b) Bacteria   1. Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Col.  Greece, Spain, Italy, Portugal  2. Erwinia amylovora (Burr.) Winsl. et al.  Spain, France (Champagne-Ardennes, Alsace (except Department Bas Rhin), Lorraine,  Franche-Comté, Rhône-Alpes, Bourgogne, Auvergne, Provence-Alpes-Côte d'Azur, Corse, Languedoc-Roussillon), Ireland, Italy, Portugal, United Kingdom (Northern Ireland, the Isle of Man and the Channel Islands)  3. All unknown non-European organisms  harmful to fruit of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids  Greece, France (Corsica), Italy  (c) Fungi   1. Glomerella gossypii Edgerton  Greece, Italy (Sicily)  2. Gremmeniella abietina (Lag.) Morelet  Ireland, United Kingdom  (Northern Ireland and the Isle of Man)  3. Hypoxylon mommatum (Wahl.) J. Miller  Ireland, United Kingdom (Northern Ireland and the Isle of Man)  4. Phytophthora cinnamoni Rands  Greece (Crete)  5. All unknown non-European organisms harmful to fruit of  Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids  Greece, France (Corsica), Italy  (d) Viruses and virus-like organisms   1. Beet necrotic yellow vein virus  Denmark, Ireland, Portugal (Azores), United Kingdom  2. Tomato spotted wilt virus   Denmark  3. All unknown non-European organisms harmful to fruit of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids  Greece, France (Corsica), Italy


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31995L0026

European Parliament and Council Directive 95/26/EC of 29 June 1995 amending Directives 77/780/EEC and 89/646/EEC in the field of credit institutions, Directives 73/239/EEC and 92/49/EEC in the field of non- life insurance, Directives 79/267/EEC and 92/96/EEC in the field of life assurance, Directive 93/22/EEC in the field of investment firms and Directive 85/611/EEC in the field of undertakings for collective investment in transferable securities (Ucits), with a view to reinforcing prudential supervision

Official Journal L 168 , 18/07/1995 P. 0007 - 0013

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE  95/26/ECof 29 June 1995amending Directives 77/780/EEC and 89/646/EEC in the field of credit  institutions, Directives 73/239/EEC and 92/49/EEC in the field of non-life insurance, Directives  79/267/EEC and 92/96/EEC in the field of life assurance, Directive 93/22/EEC in the field of  investment firms and Directive 85/611/EEC in the field of undertakings for collective investment in  transferable securities (Ucits), with a view to reinforcing prudential supervision THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular the first and  third sentences of Article 57 (2) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty (3) in the light of  the joint text approved by the Conciliation Committee on 11 May 1995, (1) Whereas certain events have shown that it is appropriate to amend in certain respects certain  Council Directives, specifying the general framework within which credit institutions, insurance  undertakings, investment firms and undertakings for investment in transferable securities (Ucits)  may carry on their business, namely Directives 77/780/EEC (4) and 89/646/EEC, Directives 73/239/EEC  (5) and 92/49/EEC, Directives 79/267/EEC (6) and 92/96/EEC, Directive 93/22/EEC (7) and Directive  85/611/EEC (8), with a view to reinforcing prudential supervision; whereas it is desirable to adopt  similar measures throughout the financial services sector; (2) Whereas those Directives lay down, inter alia, the conditions which must be fulfilled before  the competent authorities may grant authorization for the taking-up of business; (3) Whereas the competent authorities should not authorize or continue the authorization of a  financial undertaking where they are liable to be prevented from effectively exercising their  supervisory functions by the close links between that undertaking and other natural or legal  persons; whereas financial undertakings already authorized must also satisfy the competent  authorities in that respect; (4) Whereas the definition of 'close links' in this Directive lays down minimum criteria and that  does not prevent Member States from applying it to situations other than those envisaged by the  definition; (5) Whereas the sole fact of having acquired a significant proportion of a company's capital does  not constitute participation for the purposes of this Directive if that holding has been acquired  solely as a temporary investment which does not make it possible to exercise influence over the  structure or financial policy of the undertaking; (6) Whereas the reference to the supervisory authorities' effective exercise of their supervisory  functions covers supervision on a consolidated basis which must be exercised over a financial  undertaking where the provisions of Community law so provide; whereas, in such cases, the  authorities applied to for authorization must be able to identify the authorities competent to  exercise supervision on a consolidated basis over that financial undertaking; (7) Whereas the principles of mutual recognition and of home Member State supervision require that  Member States' competent authorities should not grant or should withdraw authorization where  factors such as the content of programmes of operations, the geographical distribution of the  activities actually carried on indicate clearly that a financial undertaking has opted for the  legal system of one Member State for the purpose of evading the stricter standards in force in  another Member State within whose territory it carries on or intends to carry on the greater part  of its activities; whereas a financial undertaking which is a legal person must be authorized in  the Member State in which it has its registered office; whereas a financial undertaking which is  not a legal person must have its head office in the Member State in which it has been authorized;  whereas, in addition, Member States must require that a financial undertaking's head office always  be situated in its home Member State and that it actually operates there; (8) Whereas it is appropriate to provide for the possibility of exchanges of information between  the competent authorities and authorities or bodies which, by virtue of their function, help to  strengthen the stability of the financial system; whereas, in order to preserve the confidential  nature of the information forwarded, the list of addressees must remain within strict limits; (9) Whereas certain behaviour, such as fraud and insider offenses, is liable to affect the  stability, including integrity, of the financial system, even when involving undertakings other  than financial ones; (10) Whereas it is necessary to specify the conditions under which such exchanges of information  are authorized; (11) Whereas, where it is stipulated that information may be disclosed only with the express  agreement of the competent authorities, these may, where appropriate, make their agreement subject  to compliance with strict conditions; (12) Whereas exchanges of information between, on the one hand, the competent authorities and, on  the other, central banks and other bodies with a similar function in their capacity as monetary  authorities and, where appropriate, other public authorities responsible for supervising payment  systems should also be authorized; (13) Whereas the same obligation of professional secrecy on the authorities responsible for  authorizing and supervising Ucits and the undertakings that take part in those activities and the  same possibilities for exchanging information as those granted to the authorities responsible for  authorizing and supervising credit institutions, investment firms and insurance undertakings,  should be included in Directive 85/611/EEC; (14) Whereas this Directive coordinates all the provisions governing information exchanges between  authorities for the entire financial sector as provided for in Directive 93/22/EEC; (15) Whereas, for the purpose of strengthening the prudential supervision of financial undertakings  and protection of clients of financial undertakings, it should be stipulated that an auditor must  have a duty to report promptly to the competent authorities, wherever, as provided for by this  Directive, he becomes aware, while carrying out his tasks, of certain facts which are liable to  have a serious effect on the financial situation or the administrative and accounting organization  of a financial undertaking; (16) Whereas, having regard to the aim in view, it is desirable for Member States to provide that  such a duty should apply in all circumstances where such facts are discovered by an auditor during  the performance of his tasks in an undertaking which has close links with a financial undertaking; (17) Whereas the duty of auditors to communicate, where appropriate, to the competent authorities  certain facts and decisions concerning a financial undertaking which they discover during the  performance of their tasks in a non-financial undertaking does not in itself change the nature of  their tasks in that undertaking nor the manner in which they must perform those tasks in that  undertaking; (18) Whereas adopting this Directive is the most appropriate means of achieving the objectives in  view, and in particular of reinforcing the powers of the competent authorities; whereas this  Directive restricts itself to the minimum required to achieve those objectives and does not go  beyond what is necessary for that purpose, HAVE ADOPTED THIS DIRECTIVE: Article 1Wherever the term 'financial undertaking' is used in this Directive,  it shall be replaced by: - 'credit institution' where this Directive amends Directives 77/780/EEC and 89/646/EEC; - 'insurance undertaking' where this Directive amends Directives 73/239/EEC and 92/49/EEC, and  'life assurance undertaking' where this Directive amends Directives 79/267/EEC and 92/96/EEC; - 'investment firm' where this Directive amends Directive 93/22/EEC; - 'undertaking for collective investment in transferable securities (Ucits) or an undertaking  contributing towards its business activity' where this Directive amends Directive 85/611/EEC. Article 21. - In Article 1 of Directive 77/780/EEC, a fifth indent, - in Article 1 of Directive 92/49/EEC, a point (l), - in Article 1 of Directive 92/96/EEC, a point (m), and- in Article 1 of Directive 93/22/EEC, a  point 15, shall be added containing the following definition: '"close links" shall mean a situation in which two or more natural or legal persons are linked by: (a) "participation", which shall mean the ownership, direct or by way of control, of 20 % or more  of the voting rights or capital of an undertaking or(b) "control", which shall mean the  relationship between a parent undertaking and a subsidiary, in all the cases referred to in Article  1 (1) and (2) of Directive 83/349/EEC (*), or a similar relationship between any natural or legal  person and an undertaking; any subsidiary undertaking of a subsidiary undertaking shall also be  considered a subsidiary of the parent undertaking which is at the head of those undertakings. A situation in which two or more natural or legal persons are permanently linked to one and the  same person by a control relationship shall also be regarded as constituting a close link between  such persons. (*) OJ No L 193, 18. 7. 1983, p. 1. Directive as last amended by Directive 90/605/EEC (OJ No L 317,  16. 11. 1990, p. 60).'2. The following subparagraphs shall be added at the end of: - Article 3 (2) of Directive 77/780/EEC, - Article 3 (3) of Directive 93/22/EEC, - Article 8 (1) of Directive 73/239/EEC, - Article 8 (1) of Directive 79/267/EEC: 'Moreover, where close links exist between the financial undertaking and other natural or legal  persons, the competent authorities shall grant authorization only if those links do not prevent the  effective exercise of their supervisory functions. The competent authorities shall also refuse authorization if the laws, regulations or  administrative provisions of a non-member country governing one or more natural or legal persons  with which the undertaking has close links, or difficulties involved in their enforcement, prevent  the effective exercise of their supervisory functions. The competent authorities shall require financial undertakings to provide them with the information  they require to monitor compliance with the conditions referred to in this paragraph on a  continuous basis.'Article 31. The following paragraph shall be inserted in Article 8 of  Directive 73/239/EEC and in Article 8 of Directive 79/267/EEC: '1a. Member States shall require that the head offices of insurance undertakings be situated in the  same Member State as their registered offices.'2. The following paragraph shall be inserted in  Article 3 of Directive 77/780/EEC: '2a. Each Member State shall require that: - any credit institution which is a legal person and which, under its national law, has a  registered office have its head office in the same Member State as its registered office, - any other credit institution have its head office in the Member State which issued its  authorization and in which it actually carries on its business.'Article 41. In Article 16 of  Directive 92/49/EEC and in Article 15 of Directive 92/96/EEC, the following paragraph shall be  inserted: '5a. Notwithstanding paragraphs 1 to 4, Member States may authorize exchanges of information  between the competent authorities and: - the authorities responsible for overseeing the bodies involved in the liquidation and bankruptcy  of financial undertakings and other similar procedures, or- the authorities responsible for  overseeing the persons charged with carrying out statutory audits of the accounts of insurance  undertakings, credit institutions, investment firms and other financial institutions, or-  independent actuaries of insurance undertakings carrying out legal supervision of those  undertakings and the bodies responsible for overseeing such actuaries. Member States which have recourse to the option provided for in the first subparagraph shall  require at least that the following conditions are met: - this information shall be for the purpose of carrying out the overseeing or legal supervision  referred to in the first subparagraph, - information received in this context will be subject to the conditions of professional secrecy  imposed in paragraph 1, - where the information originates in another Member State, it may not be disclosed without the  express agreement of the competent authorities which have disclosed it and, where appropriate,  solely for the purposes for which those authorities gave their agreement. Member States shall communicate to the Commission and to the other Member States the names of the  authorities, person and bodies which may receive information pursuant to this paragraph.'2. In  Article 12 of Directive 77/780/EEC and in Article 25 of Directive 93/22/EEC, the following  paragraph shall be inserted: '5a. Notwithstanding paragraphs 1 to 4, Member States may authorize exchanges of information  between, the competent authorities and: - the authorities responsible for overseeing the bodies involved in the liquidation and bankruptcy  of financial undertakings and other similar procedures, or- the authorities responsible for  overseeing persons charged with carrying out statutory audits of the accounts of insurance  undertakings, credit institutions, investment firms and other financial institutions. Member States which have recourse to the option provided for in the first subparagraph shall  require at least that the following conditions are met: - the information shall be for the purpose of performing the task of overseeing referred to in the  first subparagraph, - information received in this context shall be subject to the conditions of professional secrecy  imposed in paragraph 1, - where the information originates in another Member State, it may not be disclosed without the  express agreement of the competent authorities which have disclosed it and, where appropriate,  solely for the purposes for which those authorities gave their agreement. Member States shall communicate to the Commission and to the other Member States the names of the  authorities which may receive information pursuant to this paragraph.'3. In Article 12 of  Directive 77/780/EEC, in Article 16 of Directive 92/49/EEC, in Article 25 of Directive 93/22/EEC  and in Article 15 of Directive 92/96/EEC, the following paragraph shall be inserted: '5b. Notwithstanding paragraphs 1 to 4, Member States may, with the aim of strengthening the  stability, including integrity, of the financial system, authorize the exchange of information  between the competent authorities and the authorities or bodies responsible under the law for the  detection and investigation of breaches of company law. Member States which have recourse to the option provided for in the first subparagraph shall  require at least that the following conditons are met: - the information shall be for the purpose of performing the task referred to in the first  subparagraph, - information received in this context shall be subject to the conditions of professional secrecy  imposed in paragraph 1, - where the information originates in another Member State, it may not be disclosed without the  express agreement of the competent authorities which have disclosed it and, where appropriate,  solely for the purposes for which those authorities gave their agreement. Where, in a Member State, the authorities or bodies referred to in the first subparagraph perform  their task of detection or investigation with the aid, in view of their specific competence, of  persons appointed for that purpose and not employed in the public sector, the possibility of  exchanging information provided for in the first subparagraph may be extended to such persons under  the conditions stipulated in the second subparagraph. In order to implement the final indent of the second subparagraph, the authorities or bodies  referred to in the first subparagraph shall communicate to the competent authorities which have  disclosed the information, the names and precise responsibilities of the persons to whom it is to  be sent. Member States shall communicate to the Commission and to the other Member States the names of the  authorities or bodies which may receive information pursuant to this paragraph. Before 31 December 2000, the Commission shall draw up a report on the application of the provisions  of this paragraph.'4. In Article 12 of Directive 77/780/EEC and in Article 25 of Directive  93/22/EEC, paragraph 6 shall be replaced by the following: '6. This Article shall not prevent a competent authority from transmitting: - to central banks and other bodies with a similar function in their capacity as monetary  authorities, - where appropriate, to other public authorities responsible for overseeing payment systems, information intended for the performance of their task, nor shall it prevent such authorities or  bodies from communicating to the competent authorities such information as they may need for the  purposes of paragraph 4. Information received in this context shall be subject to the conditions of  professional secrecy imposed in this Article.'5. In Article 16 of Directive 92/49/EEC and in  Article 15 of Directive 92/96/EEC, the following shall be inserted: '5c. Member States may authorize the competent authorities to transmit: - to central banks and other bodies with a similar function in their capacity as monetary  authorities, - where appropriate, to other public authorities responsible for overseeing payment systems, information intended for the performance of their task and may authorize such authorities or bodies  to communicate to the competent authorities such information as they may need for the purposes of  paragraph 4. Information received in this context shall be subject to the conditions of  professonial secrecy imposed in this Article.'6. The following paragraph 8 shall be added to  Article 12 of Directive 77/780/EEC: '8. This Article shall not prevent the competent authorities from communicating the information  referred to in paragraphs 1 to 4 to a clearing house or other similar body recognized under  national law for the provision of clearing or settlement services for one of their Member States'  markets if they consider that it is necessary to communicate the information in order to ensure the  proper functioning of those bodies in relation to defaults or potential defaults by market  participants. The information received in this context shall be subject to the conditions of  professional secrecy referred to in paragraph 1. The Member States shall, however, ensure that  information received under paragraph 2 may not be disclosed in the circumstances referred to in  this paragraph without the express consent of the competent authorities which disclosed it.'7. In  Article 50 of Directive 85/611/EEC, paragraphs 2, 3 and 4 shall be replaced by the following: '2. Member States shall provide that all persons who work or who have worked for the competent  authorities, as well as auditors and experts instructed by the competent authorities, shall be  bound by the obligation of professional secrecy. Such secrecy implies that no confidential  information which they may receive in the course of their duties may be divulged to any person or  authority whatsoever, save in summary or aggregate form such that Ucits and management companies  and depositaries (hereinafter referred to as undertakings contributing towards their business  activity) cannot be individually identified, without prejudice to cases covered by criminal law. Nevertheless, when an Ucits or an undertaking contributing towards its business activity has been  declared bankrupt or is being compulsorily wound up, confidential information which does not  concern third parties involved in rescue attempts may be divulged in civil or commercial  proceedings. 3. Paragraph 2 shall not prevent the competent authorities of the various Member States from  exchanging information in accordance with this Directive or other Directives applicable to Ucits or  to undertakings contributing towards their business activity. That information shall be subject to  the conditions of professional secrecy imposed in paragraph 2. 4. Member States may conclude cooperation agreements providing for exchanges of information with  the competent authorities of third countries only if the information communicated is covered by  guarantees of professional secrecy at least equivalent to those provided for in this Article. 5. Competent authorities receiving confidential information under paragraphs 2 or 3 may use it only  in the course of their duties: - to check that the conditions governing the taking-up of the business of Ucits or of undertakings  contributing towards their business activity are met and to facilitate the monitoring of the  conduct of that business, administrative and accounting procedures and internal-control  mechanisms, - to impose sanctions, - in administrative appeals against decisions by the competent authorities, or- in court  proceedings initiated under Article 51 (2). 6. Paragraphs 2 and 5 shall not preclude the exchange of information: (a) within a Member State, where there are two or more competent authorities; or(b) within a  Member State or between Member States, between competent authorities; and- authorities with public  responsibility for the supervision of credit institutions, investment undertakings, insurance  undertakings and other financial organizations and the authorities responsible for the supervision  of financial markets, - bodies involved in the liquidation or bankruptcy of Ucits and other similar procedures and of  undertakings contributing towards their business activity, - persons responsible for carrying out statutory audits of the accounts of insurance undertakings,  credit institutions, investment undertakings and other financial institutions, in the performance of their supervisory functions, or the disclosure to bodies which administer  compensation schemes of information necessary for the performance of their functions. Such  information shall be subject to the conditions of professional secrecy imposed in paragraph 2. 7. Notwithstanding paragraphs 2 to 5, Member States may authorize exchanges of information between  the competent authorities and: - the authorities responsible for overseeing the bodies involved in the liquidation and bankruptcy  of financial undertakings and other similar procedures, or- the authorities responsible for  overseeing persons charged with carrying out statutory audits of the accounts of insurance  undertakings, credit institutions, investment firms and other financial institutions. Member States which have recourse to the option provided for in the first subparagraph shall  require at least that the following conditions are met: - the information shall be for the purpose of performing the task of overseeing referred to in the  first subparagraph, - information received in this context shall be subject to the conditions of professional secrecy  imposed in paragraph 2, - where the information originates in another Member State, it may not be disclosed without the  express agreement of the competent authorities which have disclosed it and, where appropriate,  solely for the purposes for which those authorities gave their agreement. Member States shall communicate to the Commission and to the other Member States the names of the  authorities which may receive information pursuant to this paragraph. 8. Notwithstanding paragraphs 2 to 5, Member States may, with the aim of strengthening the  stability, including integrity, of the financial system, authorize the exchange of information  between the competent authorities and the authorities or bodies responsible under the law for the  detection and investigation of breaches of company law. Member States which have recourse to the option provided for in the first subparagraph shall  require at least that the following conditons are met: - the information shall be for the purpose of performing the task referred to in the first  subparagraph, - information received in this context shall be subject to the conditions of professional secrecy  imposed in paragraph 2, - where the information originates in another Member State, it may not be disclosed without the  express agreement of the competent authorities which have disclosed it and, where appropriate,  solely for the purposes for which those authorities gave their agreement. Where, in a Member State, the authorities or bodies referred to in the first subparagraph perform  their task of detection or investigation with the aid, in view of their specific competence, of  persons appointed for that purpose and not employed in the public sector the possibility of  exchanging information provided for in the first subparagraph may be extended to such persons under  the conditions stipulated in the second subparagraph. In order to implement the final indent of the second subparagraph, the authorities or bodies  referred to in the first subparagraph shall communicate to the competent authorities which have  disclosed the information the names and precise responsibilities of the persons to whom it is to be  sent. Member States shall communicate to the Commission and to the other Member States the names of the  authorities or bodies which may receive information pursuant to this paragraph. Before 31 December 2000, the Commission shall draw up a report on the application of this  paragraph. 9. This Article shall not prevent a competent authority from transmitting to central banks and  other bodies with a similar function in their capacity as monetary authorities information intended  for the performance of their tasks, nor shall it prevent such authorities or bodies from  communicating to the competent authorities such information as they may need for the purposes of  paragraph 5. Information received in this context shall be subject to the conditions of  professional secrecy imposed in this Article. 10. This Article shall not prevent the competent authorities from communicating the information  referred to in paragraphs 2 to 5 to a clearing house or other similar body recognized under  national law for the provision of clearing or settlement services for one of their Member State's  markets if they consider that it is necessary to communicate the information in order to ensure the  proper functioning of those bodies in relation to defaults or potential defaults by market  participants. The information received in this context shall be subject to the conditions of  professional secrecy imposed in paragraph 2. Member States shall, however, ensure that information  received under paragraph 3 may not be disclosed in the circumstances referred to in this paragraph  without the express consent of the competent authorities which disclosed it. 11. In addition, notwithstanding the provisions referred to in paragraphs 2 and 5, Member States  may, by virtue of provisions laid down by law, authorize the disclosure of certain information to  other departments of their central government administrations responsible for legislation on the  supervision of Ucits and of undertakings contributing towards their business activity, credit  institutions, financial institutions, investment undertakings and insurance undertakings and to  inspectors instructed by those departments. Such disclosures may, however, be made only where necessary for reasons of prudential control. Member States shall, however, provide that information received under paragraphs 3 and 6 may never  be disclosed in the circumstances referred to in this paragraph except with the express agreement  of the competent authorities which disclosed the information.'Article 5The following shall be  incorporated: - in Directive 77/780/EEC, an Article 12a, - in Directive 92/49/EEC, an Article 16a, - in Directive 92/96/EEC, an Article 15a, - in Directive 93/22/EEC, an Article 25a, - and in Directive 85/611/EEC, an Article 50a, reading as follows: '1. Member States shall provide at least that: (a) any person authorized within the meaning of Directive 84/253/EEC (*), performing in a financial  undertaking the task described in Article 51 of Directive 78/660/EEC (**), Article 37 of Directive  83/349/EEC or Article 31 of Directive 85/611/EEC or any other statutory task, shall have a duty to  report promptly to the competent authorities any fact or decision concerning that undertaking of  which he has become aware while carrying out that task which is liable to: - constitute a material breach of the laws, regulations or administrative provisions which lay down  the conditions governing authorization or which specifically govern pursuit of the activities of  financial undertakings, or- affect the continuous functioning of the financial undertaking, or-  lead to refusal to certify the accounts or to the expression of reservations; (b) that person shall likewise have a duty to report any facts and decisions of which he becomes  aware in the course of carrying out a task as described in (a) in an undertaking having close links  resulting from a control relationship with the financial undertaking within which he is carrying  out the abovementioned task. 2. The disclosure in good faith to the competent authorities, by persons authorized within the  meaning of Directive 84/253/EEC, of any fact or decision referred to in paragraph 1 shall not  constitute a breach of any restriction on disclosure of information imposed by contract of by any  legislative, regulatory or administrative provision and shall not involce such persons in liability  of any kind. (*) OJ No L 126, 12. 5. 1984, p. 20. (**) OJ No L 222, 14. 8. 1978, p. 11. Directive as last amended by Directive 90/605/EEC (OJ No L  317, 16. 11. 1990, p. 60).'Article 61. The Member States shall bring into force the laws,  regulations and administrative provisions necessary for them to comply with this Directive by 18  July 1996. They shall forthwith inform the Commission thereof. When the Member States adopt those measures, they shall contain a reference to this Directive or  shall be accompanied by such a reference on the occasion of their official publication. The methods  of making such a reference shall be laid down by the Member States. 2. The Member States shall communicate to the Commission the texts of the main provisions of  national law which they adopt in the field governed by this Directive. Article 7This Directive is addressed to the Member States. Done at Brussels, 29 June 1995. For the European ParliamentThe PresidentK. HAENSCHFor the CouncilThe PresidentM.  BARNIER(1) OJ No C 229, 25. 8. 1993, p. 10. (2) OJ No C 52, 14. 2. 1994, p. 15. (3) Opinion of the European Parliament of 9 March 1994 (OJ No C 91, 28. 3. 1994, p. 61), Council  common position of 6 June 1994 (OJ No C 213, 3. 8. 1994, p. 29), European Parliament Decision of 26  October 1994 (OJ No C 323, 21. 11. 1994, p. 56). (4) OJ No L 322, 17. 12. 1977, p. 30. Directive as last amended by Directive 89/646/EEC (OJ No L  386, 30. 12. 1989, p. 1). (5) OJ No L 228, 16. 8. 1973, p. 3. Directive as last amended by Directive 92/49/EEC (OJ No L 228,  11. 8. 1992, p. 1). (6) OJ No L 63, 13. 3. 1979, p. 1. Directive as last amended by Directive 92/96/EEC (OJ No L 360,  9. 12. 1992, p. 1). (7) OJ No L 141, 11. 6. 1993, p. 27. (8) OJ No L 375, 31. 12. 1985, p. 3. Directive as amended by Directive 88/220/EEC (OJ No L 100, 19.  4. 1988, p. 31).


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31976L0934

Commission Directive 76/934/EEC of 1 December 1976 amending the Annex to Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for the undesirable substances and products in feedingstuffs

Official Journal L 364 , 31/12/1976 P. 0020 - 0021 Greek special edition: Chapter 03 Volume 16 P. 0211  Spanish special edition: Chapter 03 Volume 11 P. 0102  Portuguese special edition Chapter 03 Volume 11 P. 0102  Finnish special edition: Chapter 3 Volume 7 P. 0216  Swedish special edition: Chapter 3 Volume 7 P. 0216

COMMISSION DIRECTIVE  of 1 December 1976  amending the Annex to Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs  (76/934/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Council Directive of 17 December 1973 on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs (1), as last amended by the first Commission Directive of 15 December 1975 (2), and in particular Article 6 thereof,  Whereas this Directive provides for the contents of the Annex to be regularly amended to take account of developments in scientific and technical knowledge;  Whereas, as a result of the amendment introduced into the method of calculating the maximum permitted levels listed in Part A of the Annex to the abovementioned Directive, it is necessary to adjust the maximum permitted level for lead in green fodder;  Whereas the inclusion of sodium nitrite in the group of preservatives listed in Annex II to the Council Directive of 23 November 1970 concerning additives in feedingstuffs (3) involves making an addition to Item No 5 "nitrites" in Part A of the Annex to Directive 74/63/EEC;  Whereas it is desirable to adapt the contents of Item No 9 of Part B of the Annex to new scientific and botanical knowledge and to amend the subdivision of the Annex accordingly;  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 Annex to the Council Directive of 17 December 1973 on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs shall be amended in accordance with the following Articles.   Article 2 The text of Items No 2 "lead" and No 5 "nitrites" in Part A "Substances (ions or elements)" of the Annex shall be replaced by the following text: 2. Lead >PIC FILE= "T0009612">  5. Nitrites >PIC FILE= "T0009613">  (1)OJ No L 38, 11.2.1974, p. 31. (2)OJ No L 4, 9.1.1976, p. 24. (3)OJ No L 270, 14.12.1970, p. 1.   Article 3 Part B "Products" of the Annex shall be amended as follows:    1. Item No 9 shall be deleted and replaced by a new Part C with the following text: >PIC FILE= "T0009614">        2. Item No 10 becomes Item No 9.       3. Item No 11 becomes Item No 10 and the words "Crotalaria L. sp." are replaced by the words "Crotalaria spp.".          Article 4 The Member States shall bring into force by 1 March 1977 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive and shall forthwith inform the Commission thereof.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 1 December 1976.  For the Commission  P.J. LARDINOIS  Member of the Commission