title: Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (Text with EEA relevance)

text:
               3.2.2009

               EN

               Official Journal of the European Union

               L 33/10

      DIRECTIVE 2008/122/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 14 January 2009
   on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Since the adoption of Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis (3), timeshare has evolved and new holiday products similar to it have appeared on the market. These new holiday products and certain transactions related to timeshare, such as resale contracts and exchange contracts, are not covered by Directive 94/47/EC. In addition, experience with the application of Directive 94/47/EC has shown that some subjects already covered need to be updated or clarified, in order to prevent the development of products aiming at circumventing this Directive.

               (2)

               The existing regulatory gaps create appreciable distortions of competition and cause serious problems for consumers, thus hindering the smooth functioning of the internal market. Directive 94/47/EC should therefore be replaced by a new up-to-date directive. Since tourism plays an increasingly important role in the economies of the Member States, greater growth and productivity in the timeshare and long-term holiday product industries should be encouraged by adopting certain common rules.

               (3)

               In order to enhance legal certainty and fully achieve the benefits of the internal market for consumers and businesses, the relevant laws of the Member States need to be approximated further. Therefore, certain aspects of the marketing, sale and resale of timeshares and long-term holiday products as well as the exchange of rights deriving from timeshare contracts should be fully harmonised. Member States should not be allowed to maintain or introduce in their national legislation provisions diverging from those laid down in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislation in conformity with Community law. Thus, Member States should, for instance, be able to maintain or introduce provisions on the effects of exercising the right of withdrawal in legal relationships falling outside the scope of this Directive or provisions according to which no commitment may be entered into between a consumer and a trader of a timeshare or long-term holiday product, nor any payment made between those persons, as long as the consumer has not signed a credit agreement to finance the purchase of those services.

               (4)

               This Directive should be without prejudice to the application by Member States, in accordance with Community law, of the provisions of this Directive to areas not within its scope. Member States could therefore maintain or introduce national legislation corresponding to the provisions of this Directive or certain of its provisions in relation to transactions that fall outside the scope of this Directive.

               (5)

               The different contracts covered by this Directive should be clearly defined in such a way as to preclude circumvention of its provisions.

               (6)

               For the purposes of this Directive, timeshare contracts should not be understood as covering multiple reservations of accommodation, including hotel rooms, in so far as multiple reservations do not imply rights and obligations beyond those arising from separate reservations. Nor should timeshare contracts be understood as covering ordinary lease contracts since the latter refer to one single continuous period of occupation and not to multiple periods.

               (7)

               For the purposes of this Directive, long-term holiday product contracts should not be understood as covering ordinary loyalty schemes which provide discounts on future stays in the hotels of a hotel chain, since membership in the scheme is not obtained for consideration nor is the consideration paid by the consumer primarily for the purpose of obtaining discounts or other benefits in respect of accommodation.

               (8)

               This Directive should not affect the provisions of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (4).

               (9)

               Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (Unfair Commercial Practices Directive) (5) prohibits misleading, aggressive and other unfair commercial business-to-consumer practices. Given the nature of the products and the commercial practices related to timeshares, long-term holiday products, resale and exchange, it is appropriate to adopt more detailed and specific provisions regarding information requirements and sales events. The commercial purpose of invitations to sales events should be made clear to consumers. The provisions concerning pre-contractual information and the contract should be clarified and updated. In order to give consumers the possibility to acquaint themselves with the information before the conclusion of the contract, it should be provided by means which are easily accessible to them at that time.

               (10)

               Consumers should have the right, which should not be refused by traders, to be provided with pre-contractual information and the contract in a language, of their choice, with which they are familiar. In addition, in order to facilitate the execution and the enforcement of the contract, Member States should be allowed to determine that further language versions of the contract should be provided to consumers.

               (11)

               In order to provide consumers with the opportunity of fully understanding their rights and obligations under the contract, they should be allowed a period during which they may withdraw from the contract without having to justify the withdrawal and without bearing any cost. Currently the length of this period varies between Member States, and experience shows that the length prescribed in Directive 94/47/EC is not sufficiently long. The period should therefore be extended in order to achieve a high level of consumer protection and more clarity for consumers and traders. The length of the period, the modalities for and the effects of exercising the right of withdrawal should be harmonised.

               (12)

               Consumers should have effective remedies in the event that traders do not comply with the provisions regarding pre-contractual information or the contract, in particular those laying down that the contract should include all the information required and that the consumer should receive a copy of the contract at the time of its conclusion. In addition to the remedies existing under national law, consumers should benefit from an extended withdrawal period where information has not been provided by traders. The exercise of the right of withdrawal should remain free of charge during that extended period regardless of what services consumers may have enjoyed. The expiration of the withdrawal period does not preclude consumers from seeking remedies in accordance with national law for breaches of the information requirements.

               (13)

               Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits (6) should apply to the calculation of the periods set out in this Directive.

               (14)

               The prohibition on advance payments to traders or any third party before the end of the withdrawal period should be clarified in order to improve consumer protection. For resale contracts, the prohibition of advance payment should apply until the actual sale takes place or the resale contract is terminated, but Member States should remain free to regulate the possibility and modalities of final payments to intermediaries where resale contracts are terminated.

               (15)

               For long-term holiday product contracts, the price to be paid in the context of a staggered payment schedule could take into consideration the possibility that subsequent amounts could be adjusted after the first year in order to ensure that the real value of those instalments is maintained, for instance to take account of inflation.

               (16)

               In the event of a consumer withdrawing from a contract where the price is entirely or partly covered by credit granted to the consumer by the trader or by a third party on the basis of an arrangement between that third party and the trader, the credit agreement should be terminated at no cost to the consumer. The same should apply to contracts for other related services provided by the trader or by a third party on the basis of an arrangement between that third party and the trader.

               (17)

               Consumers should not be deprived of the protection granted by this Directive where the law applicable to the contract is that of a Member State. The law applicable to a contract should be determined in accordance with the Community rules on private international law, in particular Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (7). Under that Regulation, the law of a third country may be applicable, in particular where consumers are targeted by traders whilst on holiday in a country other than their country of residence. Given that such commercial practices are common in the area covered by this Directive and that the contracts involve considerable amounts of money, an additional safeguard should be provided in certain specific situations, in particular where the courts of any Member State have jurisdiction over the contract, to ensure that the consumer is not deprived of the protection granted by this Directive. This concept reflects the particular needs of consumer protection arising from the typical complexity, long-term nature and financial relevance of the contracts falling within the scope of this Directive.

               (18)

               It should be determined in accordance with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (8) which courts have jurisdiction in proceedings which have as their object matters covered by this Directive.

               (19)

               In order to ensure that the protection afforded to consumers under this Directive is fully effective, in particular as regards compliance by traders with the information requirements both at the pre-contractual stage and in the contract, it is necessary that the Member States lay down effective, proportionate and dissuasive penalties for infringements of this Directive.

               (20)

               It is necessary to ensure that persons or organisations having, under national law, a legitimate interest in the matter have legal remedies for initiating proceedings against infringements of this Directive.

               (21)

               It is necessary to develop suitable and effective redress procedures in the Member States for settling disputes between consumers and traders. To this end, Member States should encourage the establishment of public or private bodies for settling disputes out of court.

               (22)

               Member States should ensure that consumers are effectively informed of the national provisions transposing this Directive and encourage traders and code owners to inform consumers about their codes of conduct in this field. With the aim of pursuing a high level of consumer protection, consumer organisations could be informed of, and involved in, the drafting of codes of conduct.

               (23)

               Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to eliminate the internal market barriers and achieve a high common level of consumer protection.

               (24)

               This Directive respects the fundamental rights and observes the principles recognised in particular by the European Convention on Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union.

               (25)

               In accordance with point 34 of the Interinstitutional agreement on better law-making (9), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Purpose and scope
   1.   The purpose of this Directive is to contribute to the proper functioning of the internal market and to achieve a high level of consumer protection, by approximating the laws, regulations and administrative provisions of the Member States in respect of certain aspects of the marketing, sale and resale of timeshares and long-term holiday products as well as exchange contracts.
   2.   This Directive applies to trader-to-consumer transactions.
   This Directive is without prejudice to national legislation which:

               (a)

               provides for general contract law remedies;

               (b)

               relates to the registration of immovable or movable property and conveyance of immovable property;

               (c)

               relates to conditions of establishment or authorisation regimes or licensing requirements; and

               (d)

               relates to the determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.

         Article 2
   Definitions
   1.   For the purposes of this Directive, the following definitions shall apply:

               (a)

               ‘timeshare contract’ means a contract of a duration of more than one year under which a consumer, for consideration, acquires the right to use one or more overnight accommodation for more than one period of occupation;

               (b)

               ‘long-term holiday product contract’ means a contract of a duration of more than one year under which a consumer, for consideration, acquires primarily the right to obtain discounts or other benefits in respect of accommodation, in isolation or together with travel or other services;

               (c)

               ‘resale contract’ means a contract under which a trader, for consideration, assists a consumer to sell or buy a timeshare or a long-term holiday product;

               (d)

               ‘exchange contract’ means a contract under which a consumer, for consideration, joins an exchange system which allows that consumer access to overnight accommodation or other services in exchange for granting to other persons temporary access to the benefits of the rights deriving from that consumer’s timeshare contract;

               (e)

               ‘trader’ means a natural or legal person who is acting for purposes relating to that person’s trade, business, craft or profession and anyone acting in the name of or on behalf of a trader;

               (f)

               ‘consumer’ means a natural person who is acting for purposes which are outside that person’s trade, business, craft or profession;

               (g)

               ‘ancillary contract’ means a contract under which the consumer acquires services which are related to a timeshare contract or long-term holiday product contract and which are provided by the trader or a third party on the basis of an arrangement between that third party and the trader;

               (h)

               ‘durable medium’ means any instrument which enables the consumer or the trader to store information addressed personally to him in a way which is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

               (i)

               ‘code of conduct’ means an agreement or set of rules not imposed by law, regulation or administrative provision of a Member State which defines the behaviour of traders who undertake to be bound by the code in relation to one or more particular commercial practices or business sectors;

               (j)

               ‘code owner’ means any entity, including a trader or group of traders, which is responsible for the formulation and revision of a code of conduct and/or for monitoring compliance with the code by those who have undertaken to be bound by it.

         2.   In calculating the duration of a timeshare contract or a long-term holiday product contract, as defined in points (a) and (b) of paragraph 1 respectively, any provision in the contract allowing for tacit renewal or prolongation shall be taken into account.
   Article 3
   Advertising
   1.   Member States shall ensure that any advertising specifies the possibility of obtaining the information referred to in Article 4(1) and indicates where it can be obtained.
   2.   Where a timeshare, long-term holiday product, resale or exchange contract is to be offered to a consumer in person at a promotion or sales event, the trader shall clearly indicate in the invitation the commercial purpose and the nature of the event.
   3.   The information referred to in Article 4(1) shall be available to the consumer at any time during the event.
   4.   A timeshare or a long-term holiday product shall not be marketed or sold as an investment.
   Article 4
   Pre-contractual information
   1.   In good time before the consumer is bound by any contract or offer, the trader shall provide the consumer, in a clear and comprehensible manner, with accurate and sufficient information, as follows:

               (a)

               in the case of a timeshare contract: by means of the standard information form as set out in Annex I and information as listed in Part 3 of that form;

               (b)

               in the case of a long-term holiday product contract: by means of the standard information form as set out in Annex II and information as listed in Part 3 of that form;

               (c)

               in the case of a resale contract: by means of the standard information form as set out in Annex III and information as listed in Part 3 of that form;

               (d)

               in the case of an exchange contract: by means of the standard information form as set out in Annex IV and information as listed in Part 3 of that form.

         2.   The information referred to in paragraph 1 shall be provided, free of charge, by the trader on paper or on another durable medium which is easily accessible to the consumer.
   3.   Member States shall ensure that the information referred to in paragraph 1 is drawn up in the language or one of the languages of the Member State in which the consumer is resident or a national, at the choice of the consumer, provided it is an official language of the Community.
   Article 5
   The timeshare, long-term holiday product, resale or exchange contract
   1.   Member States shall ensure that the contract is in writing, on paper or on another durable medium, and drawn up in the language or one of the languages of the Member State in which the consumer is resident or a national, at the choice of the consumer, provided it is an official language of the Community.
   However, the Member State in which the consumer is resident may require that in addition:

               (a)

               in every instance, the contract be provided to the consumer in the language or one of the languages of that Member State, provided it is an official language of the Community;

               (b)

               in the case of a timeshare contract concerning one specific immovable property, the trader provide the consumer with a certified translation of the contract in the language or one of the languages of the Member State in which the property is situated, provided it is an official language of the Community.

         The Member State on whose territory the trader carries out sale activities may require that, in every instance, the contract be provided to the consumer in the language or one of the languages of that Member State, provided it is an official language of the Community.
   2.   The information referred to in Article 4(1) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from unusual and unforeseeable circumstances beyond the trader’s control, the consequences of which could not have been avoided even if all due care had been exercised.
   These changes shall be communicated to the consumer on paper or on another durable medium easily accessible to him, before the contract is concluded.
   The contract shall expressly mention any such changes.
   3.   In addition to the information referred to in Article 4(1), the contract shall include:

               (a)

               the identity, place of residence and signature of each of the parties; and

               (b)

               the date and place of the conclusion of the contract.

         4.   Before the conclusion of the contract, the trader shall explicitly draw the consumer’s attention to the existence of the right of withdrawal, the length of the withdrawal period referred to in Article 6, and the ban on advance payments during the withdrawal period referred to in Article 9.
   The corresponding contractual clauses shall be signed separately by the consumer.
   The contract shall include a separate standard withdrawal form, as set out in Annex V, intended to facilitate the exercise of the right of withdrawal in accordance with Article 6.
   5.   The consumer shall receive a copy or copies of the contract at the time of its conclusion.
   Article 6
   Right of withdrawal
   1.   In addition to the remedies available to the consumer under national law in the event of breach of the provisions of this Directive, Member States shall ensure that the consumer is given a period of 14 calendar days to withdraw from the timeshare, long-term holiday product, resale or exchange contract, without giving any reason.
   2.   The withdrawal period shall be calculated:

               (a)

               from the day of the conclusion of the contract or of any binding preliminary contract; or

               (b)

               from the day when the consumer receives the contract or any binding preliminary contract if it is later than the date referred to in point (a).

         3.   The withdrawal period shall expire:

               (a)

               after one year and 14 calendar days from the day referred to in paragraph 2 of this Article, where a separate standard withdrawal form as required by Article 5(4) has not been filled in by the trader and provided to the consumer in writing, on paper or on another durable medium;

               (b)

               after three months and 14 calendar days from the day referred to in paragraph 2 of this Article, where the information referred to in Article 4(1), including the applicable standard information form set out in Annexes I to IV, has not been provided to the consumer in writing, on paper or on another durable medium.

         In addition, Member States shall provide for appropriate penalties in accordance with Article 15, in particular in the event that, on expiry of the withdrawal period, the trader has failed to comply with the information requirements set out in this Directive.
   4.   Where a separate standard withdrawal form as required by Article 5(4) has been filled in by the trader and provided to the consumer in writing, on paper or on another durable medium, within one year from the day referred to in paragraph 2 of this Article, the withdrawal period shall start from the day the consumer receives that form. Similarly, where the information referred to in Article 4(1), including the applicable standard information form set out in Annexes I to IV, has been provided to the consumer in writing, on paper or on another durable medium, within three months from the day referred to in paragraph 2 of this Article, the withdrawal period shall start from the day the consumer receives such information.
   5.   In the event that the exchange contract is offered to the consumer together with and at the same time as the timeshare contract, only a single withdrawal period in accordance with paragraph 1 shall apply to both contracts. The withdrawal period for both contracts shall be calculated according to the provisions of paragraph 2 as they apply to the timeshare contract.
   Article 7
   Modalities for exercising the right of withdrawal
   Where the consumer intends to exercise the right of withdrawal the consumer shall, before the expiry of the withdrawal period, notify the trader on paper or on another durable medium of the decision to withdraw. The consumer may use the standard withdrawal form set out in Annex V and provided by the trader in accordance with Article 5(4). The deadline is met if the notification is sent before the withdrawal period has expired.
   Article 8
   Effects of exercising the right of withdrawal
   1.   The exercise of the right of withdrawal by the consumer terminates the obligation of the parties to perform the contract.
   2.   Where the consumer exercises the right of withdrawal, the consumer shall neither bear any cost nor be liable for any value corresponding to the service which may have been performed before withdrawal.
   Article 9
   Advance payment
   1.   Member States shall ensure that in relation to timeshare, long-term holiday product and exchange contracts any advance payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt or any other consideration to the trader or to any third party by the consumer before the end of the withdrawal period according to Article 6, is prohibited.
   2.   Member States shall ensure that in relation to resale contracts any advance payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt or any other consideration to the trader or to any third party by the consumer before the actual sale takes place or the resale contract is otherwise terminated, is prohibited.
   Article 10
   Specific provisions relating to long-term holiday product contracts
   1.   For long-term holiday product contracts, payment shall be made according to a staggered payment schedule. Any payment of the price specified in the contract otherwise than in accordance with the staggered payment schedule shall be prohibited. The payments, including any membership fee, shall be divided into yearly instalments, each of which shall be of equal value. The trader shall send a written request for payment, on paper or on another durable medium, at least fourteen calendar days in advance of each due date.
   2.   From the second instalment payment onwards, the consumer may terminate the contract without incurring any penalty by giving notice to the trader within fourteen calendar days of receiving the request for payment of each instalment. This right shall not affect rights to terminate the contract under existing national legislation.
   Article 11
   Termination of ancillary contracts
   1.   Member States shall ensure that, where the consumer exercises the right to withdraw from the timeshare or long-term holiday product contract, any exchange contract ancillary to it or any other ancillary contract is automatically terminated, at no cost to the consumer.
   2.   Without prejudice to Article 15 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers (10), where the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an arrangement between the third party and the trader, the credit agreement shall be terminated, at no cost to the consumer, where the consumer exercises the right to withdraw from the timeshare, long-term holiday product, resale or exchange contract.
   3.   The Member States shall lay down detailed rules on the termination of such contracts.
   Article 12
   Imperative nature of the Directive and application in international cases
   1.   Member States shall ensure that, where the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by this Directive.
   2.   Where the applicable law is that of a third country, consumers shall not be deprived of the protection granted by this Directive, as implemented in the Member State of the forum if:

               —

               any of the immovable properties concerned is situated within the territory of a Member State, or,

               —

               in the case of a contract not directly related to immovable property, the trader pursues commercial or professional activities in a Member State or, by any means, directs such activities to a Member State and the contract falls within the scope of such activities.

         Article 13
   Judicial and administrative redress
   1.   Member States shall ensure that, in the interests of consumers, adequate and effective means exist to ensure compliance by traders with this Directive.
   2.   The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, shall be entitled to take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for implementing this Directive are applied:

               (a)

               public bodies and authorities or their representatives;

               (b)

               consumer organisations with a legitimate interest in protecting consumers;

               (c)

               professional organisations with a legitimate interest in taking such action.

         Article 14
   Consumer information and out-of-court redress
   1.   Member States shall take appropriate measures to inform consumers of the national law transposing this Directive and shall encourage, where appropriate, traders and code owners to inform consumers of their codes of conduct.
   The Commission shall encourage the drawing up at Community level, particularly by professional bodies, organisations and associations, of codes of conduct aimed at facilitating the implementation of this Directive, in conformity with Community law. It shall also encourage traders and their branch organisations to inform consumers of any such codes, including, where appropriate, by means of a specific marking.
   2.   Member States shall encourage the setting up or development of adequate and effective out-of-court complaints and redress procedures for the settlement of consumer disputes under this Directive and shall, where appropriate, encourage traders and their branch organisations to inform consumers of the availability of such procedures.
   Article 15
   Penalties
   1.   Member States shall provide for appropriate penalties in the event of a trader’s failure to comply with the national provisions adopted pursuant to this Directive.
   2.   Those penalties shall be effective, proportionate and dissuasive.
   Article 16
   Transposition
   1.   Member States shall adopt and publish, by 23 February 2011, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 23 February 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 17
   Review
   The Commission shall review this Directive and report to the European Parliament and the Council no later than 23 February 2014.
   If necessary, it shall make further proposals to adapt it to developments in the area.
   The Commission may request information from the Member States and the national regulatory authorities.
   Article 18
   Repeal
   Directive 94/47/EC shall be repealed.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VI.
   Article 19
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 20
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 14 January 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         A. VONDRA

      (1)  OJ C 44, 16.2.2008, p. 27.

      (2)  Opinion of the European Parliament of 22 October 2008 (not yet published in the Official Journal) and Council Decision of 18 December 2008.

      (3)  OJ L 280, 29.10.1994, p. 83.

      (4)  OJ L 158, 23.6.1990, p. 59.

      (5)  OJ L 149, 11.6.2005, p. 22.

      (6)  OJ L 124, 8.6.1971, p. 1.

      (7)  OJ L 177, 4.7.2008, p. 6.

      (8)  OJ L 12, 16.1.2001, p. 1.

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

      (10)  OJ L 133, 22.5.2008, p. 66.

      ANNEX I
      STANDARD INFORMATION FORM FOR TIMESHARE CONTRACTS

      ANNEX II
      STANDARD INFORMATION FORM FOR LONG-TERM HOLIDAY PRODUCT CONTRACTS

      ANNEX III
      STANDARD INFORMATION FORM FOR RESALE CONTRACTS

      ANNEX IV
      STANDARD INFORMATION FORM FOR EXCHANGE CONTRACTS

      ANNEX V
      SEPARATE STANDARD WITHDRAWAL FORM TO FACILITATE THE RIGHT OF WITHDRAWAL

      ANNEX VI
      CORRELATION TABLE BETWEEN PROVISIONS OF THIS DIRECTIVE AND DIRECTIVE 94/47/EC

                  Directive 94/47/EC

                  This Directive

                  Article 1, first paragraph

                  Article 1(1) and Article 1(2), first subparagraph

                  Article 1, second paragraph

                  —

                  Article 1, third paragraph

                  Article 1(2), second subparagraph

                  Article 2, first indent

                  Article 2(1)(a)

                  —

                  Article 2(1)(b) (new)

                  —

                  Article 2(1)(c) (new)

                  —

                  Article 2(1)(d) (new)

                  Article 2, second indent

                  —

                  Article 2, third indent

                  Article 2(1)(e)

                  Article 2, fourth indent

                  Article 2(1)(f)

                  —

                  Article 2(1)(g) (new)

                  —

                  Article 2(1)(h) (new)

                  —

                  Article 2(1)(i) (new)

                  —

                  Article 2(1)(j) (new)

                  —

                  Article 2(2) (new)

                  Article 3(1)

                  Article 4(1)

                  Article 3(2)

                  Article 5(2)

                  Article 3(3)

                  Article 3(1)

                  —

                  Article 3(2) (new)

                  —

                  Article 3(3) (new)

                  —

                  Article 3(4) (new)

                  Article 4, first indent

                  Article 5(1), first subparagraph, and Article 5(2), first subparagraph

                  Article 4, second indent

                  Article 4(3) and Article 5(1)

                  —

                  Article 4(2) (new)

                  —

                  Article 5(4) (new)

                  —

                  Article 5(5) (new)

                  Article 5(1), introductory sentence

                  Article 6(1)

                  Article 5(1), first indent

                  Article 6(1) and Article 6(2)

                  Article 5(1), second indent

                  Article 6(3) and Article 6(4)

                  Article 5(1), third indent

                  Article 6(3)

                  —

                  Article 6(5) (new)

                  Article 5(2)

                  Article 7

                  —

                  Article 8(1) (new)

                  Article 5(3)

                  Article 8(2)

                  Article 5(4)

                  Article 8(2)

                  Article 6

                  Article 9(1)

                  —

                  Article 9(2) (new)

                  —

                  Article 10(1) (new)

                  —

                  Article 10(2) (new)

                  —

                  Article 11(1) (new)

                  Article 7, first paragraph

                  Article 11(2)

                  Article 7, second paragraph

                  Article 11(3)

                  Article 8

                  Article 12(1)

                  Article 9

                  Article 12(2)

                  Article 10

                  Articles 13 and 15

                  Article 11

                  —

                  —

                  Article 14(1) (new)

                  —

                  Article 14(2) (new)

                  Article 12

                  Article 16

                  —

                  Article 17 (new)

                  —

                  Article 18 (new)

                  —

                  Article 19 (new)

                  Article 13

                  Article 20

                  Annex

                  Annex I

                  Annex, point (a)

                  Article 5(3)(a), and Annex I, Part 1, first box

                  Annex, point (b)

                  Annex I, Part 1, third box, and Annex I, Part 3, point 1, first indent

                  Annex, point (c)

                  Annex I, Part 1, second box, and Annex I, Part 3, point 2, first indent

                  Annex, point (d)(1)

                  Annex I, Part 3, point 3, first indent

                  Annex, point (d)(2)

                  Annex I, Part 1, fourth box, and Annex I, Part 3, point 3, second indent

                  Annex, point (d)(3)

                  Annex I, Part 3, point 3, third indent

                  Annex, point (d)(4)

                  Annex I, Part 3, point 3, first indent

                  Annex, point (d)(5)

                  Annex I, Part 3, point 3, fourth indent

                  Annex, point (e)

                  Annex I, Part 1, sixth box, and Annex I, Part 3, point 2, second indent

                  Annex, point (f)

                  Annex I, Part 1, sixth box, and Annex I, Part 3, point 2, third indent

                  Annex, point (g)

                  Annex I, Part 3, point 6, first indent

                  Annex, point (h)

                  Annex I, Part 1, fourth box

                  Annex, point (i)

                  Annex I, Part 1, fifth and sixth boxes, and Annex I, Part 3, point 4, first indent

                  Annex, point (j)

                  Annex I, Part 2, third indent

                  Annex, point (k)

                  Annex I, Part 2, seventh box, and Annex I, Part 3, point 6, second indent

                  Annex, point (l)

                  Annex I, Part 2, first and third indents, Annex I, Part 3, point 5, first indent, and Annex V (new)

                  Annex, point (m)

                  Article 5(3)(b)

                  —

                  Annex I, Part 1, eighth box (new)

                  —

                  Annex I, Part 2, second indent (new)

                  —

                  Annex I, Part 2, fourth indent (new)

                  —

                  Annex I, Part 3, point 1, second indent (new)

                  —

                  Annex I, Part 3, point 4, second indent (new)

                  —

                  Annex I, Part 3, point 5, second indent (new)

                  —

                  Annex I, Part 3, point 6, third indent (new)

                  —

                  Annex I, Part 3, point 6, fourth indent (new)

                  —

                  Annexes II to V (new)


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32003L0034

Directive 2003/34/EC of the European Parliament and of the Council of 26 May 2003 amending for the 23rd time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction — c/m/r)

Official Journal L 156 , 25/06/2003 P. 0014 - 0016

Directive 2003/34/EC of the European Parliament and of the Councilof 26 May 2003amending for the 23rd time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction - c/m/r)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 17 March 2003,Whereas:(1) Under Article 14 of the Treaty, an area without internal frontiers is to be established in which the free movement of goods, persons, services and capital is ensured.(2) On 29 March 1996 the European Parliament and the Council adopted Decision No 646/96/EC adopting an action plan to combat cancer within the framework for action in the field of public health (1996 to 2000)(4).(3) To improve health protection and consumer safety, substances classified as carcinogenic, mutagenic or toxic to reproduction and preparations containing them should not be placed on the market for use by the general public. The Commission should submit as soon as possible a proposal to prohibit the use of products containing such substances, when there is scientific evidence that they are released from these products leading to exposure of, and risk to, the general public.(4) Directive 94/60/EC of the European Parliament and of the Council of 20 December 1994 amending for the 14th time Directive 76/769/EEC(5) establishes, in the form of an Appendix concerning points 29, 30 and 31 of Annex I to Directive 76/769/EEC(6), a list containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2. Such substances and preparations containing them should not be placed on the market for use by the general public.(5) Directive 94/60/EC provides that the Commission will submit to the European Parliament and Council a proposal to extend this list not later than six months after publication of an adaptation to technical progress of Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(7), which contains substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2.(6) Commission Directive 98/98/EC of 15 December 1998 adapting to technical progress for the 25th time Council Directive 67/548/EEC(8), which in particular adapts Annex I thereto, contains 20 substances newly classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2, and Commission Directive 2000/32/EC of 19 May 2000 adapting to technical progress for the 26th time Council Directive 67/548/EEC(9), which in particular adapts Annex I thereto, contains two substances newly classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2. These substances should be added to points 29, 30 and 31 of the Appendix to Annex I to Directive 76/769/EEC.(7) The risks and advantages of the substances thus newly classified have been taken into account.(8) This Directive is to apply without prejudice to Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(10), and individual directives based thereon, in particular Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work(11),HAVE ADOPTED THIS DIRECTIVE:Article 1The substances listed in the Annex shall be added to those listed in the Appendix, under points 29, 30 and 31 respectively, of Annex I to Directive 76/769/EEC.Article 21. Member States shall adopt and publish not later than 15 July 2004 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply these measures from 15 January 2005.2. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 26 May 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentG. Drys(1) OJ C 213 E, 31.7.2001, p. 263.(2) OJ C 311, 7.11.2001, p. 7.(3) Opinion of the European Parliament of 5 February 2002 (OJ C 284 E, 21.11.2002, p. 88), Council Common Position of 3 June 2002 (OJ C 197 E, 20.8.2002, p. 1) and Decision of the European Parliament of 10 October 2002 (not yet published in the Official Journal). Decision of the European Parliament of 27 March 2003 and Council Decision of 8 April 2003.(4) OJ L 95, 16.4.1996, p. 9. Decision repealed by Decision No 1786/2002/EC of the European Parliament and of the Council (OJ L 271, 9.10.2002, p. 1).(5) OJ L 365, 31.12.1994, p. 1.(6) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Directive 2003/11/EC of the European Parliament and of the Council (OJ L 42, 15.2.2003, p. 45).(7) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2001/59/EC (OJ L 225, 21.8.2001, p.1).(8) OJ L 355, 30.12.1998, p. 1. Directive as amended by Commission Decision 2000/368/EC (OJ L 136, 8.6.2000, p. 108).(9) OJ L 136, 8.6.2000, p. 1.(10) OJ L 183, 29.6.1989, p. 1.(11) OJ L 196, 26.7.1990, p. 1. Directive as last amended by Directive 1999/38/EC (OJ L 138, 1.6.1999, p. 66).ANNEXPoint 29 - Carcinogens: category 2>TABLE>Point 30 - Mutagens: category 2>TABLE>Point 31 - Toxic to reproduction: category 2>TABLE>


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31979L0032

Second Council Directive 79/32/EEC of 18 December 1978 on taxes other than turnover taxes which affect the consumption of manufactured tobacco

Official Journal L 010 , 16/01/1979 P. 0008 - 0010 Finnish special edition: Chapter 9 Volume 1 P. 0080  Greek special edition: Chapter 09 Volume 1 P. 0106  Swedish special edition: Chapter 9 Volume 1 P. 0080  Spanish special edition: Chapter 09 Volume 1 P. 0111  Portuguese special edition Chapter 09 Volume 1 P. 0111

SECOND COUNCIL DIRECTIVE  of 18 December 1978  on taxes other than turnover taxes which affect the consumption of manufactured tobacco  (79/32/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Articles 99 and 100 thereof,  Having regard to Council Directive 72/464/EEC of 19 December 1972 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (1), as amended by Directives 74/318/EEC (2), 75/786/EEC (3), 76/911/EEC (4), and 77/805/EEC (5),  Having regard to the proposal from the Commission (6),  Having regard to the opinion of the European Parliament (7),  Having regard to the opinion of the Economic and Social Committee (8),  Whereas there are several types of manufactured tobacco, distinguished by their characteristics and by the way in which they are used;  Whereas these different types of manufactured tobacco should be defined.  Whereas for economic reasons temporary derogations should be provided for certain Member States,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. For the purpose of applying Article 3 (2) of Directive 72/464/EEC.    (a) cigars and cigarillos,       (b) cigarettes,       (c) smoking tobacco,       (d) snuff,       (e) chewing tobacco,          as defined in Articles 2 to 6, shall be deemed to be manufactured tobacco.   2. Notwithstanding existing Community provisions, the definitions referred to in Articles 2 to 6 shall be without prejudice to the choice of system or the level of taxation which shall apply to the different groups of products referred to in these Articles.   Article 2 The following shall be deemed to be cigars or cigarillos if they can be smoked as they are:    1. rolls of tobacco made entirely of natural tobacco;       2. rolls of tobacco with an outer wrapper of natural tobacco;       3. rolls of tobacco with an outer wrapper of the normal colour of a cigar, and a binder, of reconstituted tobacco, falling within subheading 24.02 E of the Common Customs Tariff, where at least 60 % by weight of the tobacco particles are both wider  (1)OJ No L 303, 31.12.1972, p. 1. (2)OJ No L 180, 3.7.1974, p. 30. (3)OJ No L 330, 24.12.1975, p. 51. (4)OJ No L 354, 24.12.1976, p. 33. (5)OJ No L 338, 28.12.1977, p. 22. (6)OJ No C 72, 27.6.1974, p. 15. (7)OJ No C 155, 9.12.1974. p. 73. (8)OJ No C 125, 16.10.1974, p. 38.   and longer than 1 775 mm and where the wrapper is fitted in spiral form with an acute angle of at least 30º to the longitudinal axis of the cigar;       4. rolls of tobacco with an outer wrapper, of the normal colour of a cigar, of reconstituted tobacco, falling within subheading 24.02 E of the Common Customs Tariff, where the unit weight, not including filter or mouth-piece, is not less than 2 73 g and if at least 60 % by weight of the tobacco particles are both wider and longer than 1 775 mm and the circumference over at least one third of the length is not less than 34 mm.          Article 3 1. Rolls of tobacco capable of being smoked as they are and which are not cigars or cigarillos as defined in Article 2 shall be deemed to be cigarettes.  2. A roll of tobacco referred to in paragraph 1 shall, for excise duty purposes, be considered as two cigarettes where, excluding filter or mouthpiece, it is longer than 9 cm but not longer than 18 cm, as three cigarettes where, excluding filter or mouthpiece, it is longer than 18 cm but not longer than 27 cm, and so on.   Article 4 The following shall be deemed to be smoking tobacco:    1. tobacco which has been cut or otherwise split, twisted or pressed into blocks and is capable of being smoked without further industrial processing;       2. tobacco refuse put up for retail sale which does not fall under Articles 2 and 3 and which can be smoked.          Article 5 Tobacco in the form of rolls sticks, strips, cubes or blocks, which is put up for retail sale and specially prepared to be chewed but not smoked, shall be deemed to be chewing tobacco.   Article 6 Tobacco in powder or grain from which is specially prepared to be taken as snuff but not smoked, shall be deemed to be snuff.   Article 7 1. Products consisting in whole or in part of substances other than tobacco but otherwise conforming to the criteria in Article 2 shall be treated as cigars and cigarillos provided they have respectively:    - a wrapper of natural tobacco,       - a wrapper and binder of tobacco, both of reconstituted tobacco,       - a wrapper of reconstituted tobacco.         2. Products consisting in whole or in part of substances other than tobacco but otherwise conforming to the criteria of Article 3 or 4 shall be treated as cigarettes and smoking tobacco.  Notwithstanding the first subparagraph, products containing no tobacco and used exclusively for medical purposes shall not be treated as manufactured tobacco.  3. Products consisting in part of substances other than tobacco but otherwise conforming to the criteria of Articles 5 or 6 shall be treated as chewing tobacco or snuff as the case may be.   Article 8 1. Notwithstanding Article 2, the Federal Republic of Germany shall be authorized to treat in the same way as cigars, rolls of tobacco without a binder, the outer wrapping of which is fitted in spiral form at an angle of less than 30º to the longitudinal axis, but which otherwise meet the requirements referred to in Article 2 (3) and rolls of tobacco the circumference of which is not less than 34 mm over at least one third of their length but which otherwise meet the requirements referred to in Article 2 (4).  2. Notwithstanding Article 2 (3), Denmark shall be authorized to treat rolls of tobacco as cigars if at least 60 % by weight of the tobacco particles are both wider and longer than 1 719 mm but not wider and longer than 1 775 mm, but which otherwise meet the requirements of Article 2 (3).  3. Notwithstanding Article 3 (2), Denmark shall be authorized to treat a cigarette not longer than 10 cm, excluding filter or mouthpiece, as a single cigarette.  4. On expiry of the second stage of the harmonization of the structures of excise duty on manufactured tobacco defined by Directive 77/805/EEC, and at the latest by 31 December 1981, the Member States referred to in paragraphs 1, 2 and 3 shall abolish the derogations provided for in these paragraphs.   Article 9 1. The Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 January 1980. They shall forthwith inform the Commission thereof.  2. Denmark shall not be obliged to apply the provisions of this Directive to Greenland.  3. 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 10 This Directive is addressed to the Member States.     Done at Brussels, 18 December 1978.  For the Council  The President  H.-D. GENSCHER


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31979L0040

Council Directive 79/40/EEC of 18 December 1978 amending for the 14th time Directive 64/54/EEC on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption

Official Journal L 013 , 19/01/1979 P. 0050 - 0050 Greek special edition: Chapter 03 Volume 23 P. 0254  Spanish special edition: Chapter 13 Volume 9 P. 0155  Portuguese special edition Chapter 13 Volume 9 P. 0155

****( 1 ) OJ NO C 247 , 18 . 10 . 1978 , P . 8 .  ( 2 ) OJ NO C 6 , 8 . 1 . 1979 , P . 63 .  ( 3 ) OPINION DELIVERED ON 29 AND 30 NOVEMBER 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).  ( 4 ) OJ NO 12 , 27 . 1 . 1964 , P . 161/64 .  ( 5 ) OJ NO L 44 , 15 . 2 . 978 , P . 23 .  ( 6 ) OJ NO L 223 , 16 . 8 . 1976 , P . 3 .        COUNCIL DIRECTIVE   OF 18 DECEMBER 1978   AMENDING FOR THE 14TH TIME DIRECTIVE 64/54/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION  ( 79/40/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 COUNCIL DIRECTIVE 64/54/EEC OF 5 NOVEMBER 1963 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION ( 4 ), AS LAST AMENDED BY DIRECTIVE 78/145/EEC ( 5 ), AND IN PARTICULAR BY DIRECTIVE 76/629/EEC ( 6 ), PROVIDES TEMPORARILY FOR THE USE UNTIL 1 JANUARY 1979 OF THIABENDAZOLE AT A MAXIMUM RESIDUAL LEVEL OF 6 MG/KG IN THE CASE OF CITRUS FRUIT AND 3 MG/KG IN THE CASE OF BANANAS ;   WHEREAS , THE USE OF THIABENDAZOLE ON THE SURFACE OF SUCH FRUIT IN QUANTITIES LEADING TO SUCH MAXIMUM RESIDUAL LEVELS IN THE WHOLE FRUIT IS ACCEPTABLE ON A TOXICOLOGICAL BASIS ;   WHEREAS EXPERIENCE IN THE USE OF THIABENDAZOLE HAS SHOWN THAT THE MAINTENANCE OF THESE LEVELS IS TECHNOLOGICALLY JUSTIFIED ;   WHEREAS IT MAY , HOWEVER , BE NECESSARY SUBSEQUENTLY TO INCLUDE THIABENDAZOLE IN MORE GENERAL COMMUNITY RULES GOVERNING THE SURFACE TREATMENT OF FRUIT ;   WHEREAS IT IS THEREFORE NECESSARY FOR THE TIME BEING , IN ORDER NOT TO PREJUDGE THE NATURE OR THE SCOPE OF SUCH FUTURE RULES , TO EXTEND ONCE AGAIN THE DEADLINE FOR THE PERMITTED USE OF THIABENDAZOLE ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   IN NO E 233 SUBPARAGRAPH ( C ) OF SECTION I OF THE ANNEX TO DIRECTIVE 64/54/EEC ' 1 JANUARY 1979 '  SHALL BE REPLACED BY ' 1 JULY 1982 ' .   ARTICLE 2   MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITH EFFECT FROM 1 JANUARY 1979 AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .   ARTICLE 3   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 18 DECEMBER 1978 .   FOR THE COUNCIL   THE PRESIDENT   J . ERTL


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31989L0395

Council Directive 89/395/EEC of 14 June 1989 amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer

Official Journal L 186 , 30/06/1989 P. 0017 - 0020 Finnish special edition: Chapter 15 Volume 9 P. 0066  Swedish special edition: Chapter 15 Volume 9 P. 0066

COUNCIL DIRECTIVE of 14 June 1989 amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (89/395/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a therof,  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 Council Directive 79/112/EEC (4), as last amended by Directive 86/197/EEC (5), makes provision for national derogations in a number of cases;  Whereas, with the dual aim of completing the internal market and providing improved information for all consumers in the Community, those derogations should be eliminated;  Whereas, in particular, experience acquired since the adoption of Directive 79/112/EEC enables it to be made applicable to restaurants, hospitals, canteens and other similar mass caterers throughout the Community;  Whereas the date of minimum durability has proved its worth; whereas, however, in the interests of a better protection of public health a stricter system of dating should be used in preference thereto in the case of foodstuffs which, from the  microbiological point of view, are highly perishable and whereas in doubtful cases a Community procedure should be laid down;  Whereas this Directive is concerned only with labelling, presentation and advertising and not with the question of allowing or banning irradiation of foodstuffs or ingredients thereof;  Whereas, however, without prejudice to a decision on substance at Community level, the consumer's right to be informed of any irradiation treatment undergone by a  foodstuff, where such treatment is allowed, must already be acknowledged; whereas to that end it should be specified that any foodstuff which has undergone such treatment must bear a corresponding indication; whereas, however, specific provisions  concerning compound foodstuffs containing an ingredient previously treated with ionizing radiation will not be adopted until rules are adopted on irradiation treatment itself;  Whereas with a view to facilitating trade between Member States, it may be provided that, at stages prior to sale to the ultimate consumer, only information on the essential elements should appear on the outer packaging and whereas certain mandatory  particulars that must appear on a prepackaged foodstuff need appear only on commercial documents referring thereto;  Whereas in all cases where the Council empowers the Commission to implement rules relating to foodstuffs intended for human consumption, provision should be made for a procedure establishing close cooperation between the Member States and the Commission  within the Standing Committee for Foodstuffs, set up by Decision 69/414/EEC (6),  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 79/112/EEC is hereby amended as follows:   1.  The title of the Directive shall be replaced by the following:  'Council Directive of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs'.   2.  Article 1 (2) shall be replaced by the following:  '2.  This Directive shall apply also to foodstuffs intended for supply to restaurants, hospitals, canteens and other similar mass caterers (hereinafter referred to as "mass caterers").'  3.  In Article 1 (3) (b), 'to the ultimate consumer' shall be replaced by 'to the ultimate consumer and to mass caterers'.    4.  Article 2 (1) (b) shall be replaced by the following:  (b)  subject to Community provisions applicable to natural mineral waters and foodstuffs for particular nutritional uses, attribute to any foodstuff the property of preventing, treating or curing a human disease, or refer to such properties'.   5.  Article 3 (1) (4) shall be replaced by the following:  '4.  The date of minimum durability or, in the case of foodstuffs which, from the microbiological point of view, are highly perishable, the "use by" date.'  6.  The following paragraph shall be added to Article 4:  '3.  The Community provisions referred to in paragraphs 1 and 2 shall be adopted in accordance with the procedure laid down in Article 17.'  7.  In Article 5 (1), 'to the ultimate consumer' shall be replaced by 'to the ultimate consumer and to mass caterers'.   8.  In Article 5 (3) the following text shall be added:  'Any foodstuff which has been treated with ionizing radiation must bear one of the following indications:  - in Spanish "irradiado" or "tratado con radiacíon ionizante" - in Danish:  "bestraalet/ . . ." or "straalekonserveret" or "behandlet med ioniserende straaling" or "konserveret met ioniserende straaling" - in German:  "bestrahlt" or "mit ionisierenden Strahlen behandelt" - in Greek:  "epexergasmeno me ionizoysa aktinovolia" or "aktinovolimeno" - in English:  "irradiated" or "treated with ionizing radiation" - in French:  "traite par rayonnements ionisants" or "traite par ionisation" - in Italian:  "irradiato" or "trattato con radiazioni ionizzanti" - in Dutch:  "doorstraald" or "door bestraling behandeld" or "met ioniserende stralen behandeld" - in Portuguese:  "irradiado" or "tratado por irradiação" or "tratado por radiaçã o ionizante"'  9.  The first indent of Article 6 (5) (b) shall be replaced by the following:  '- ingredients which belong to one of the categories listed in Annex I and are constituents of another foodstuff may be designated by the name of that category only. Alterations to the list of categories in Annex I may be effected in  accordance with the procedure laid down in Article 17,',  10.  The following shall be added to the third indent of Article 6 (5) (b):  'These provisions shall be adopted in accordance with the procedure laid down in Article 17,'.  11.  The fourth indent of Article 6 (5) (b) shall be replaced by the following:  '- the specific community provisions governing the indication of treatment of an ingredient with ionizing radiation shall be adopted subsequently in accordance with Article 100a of the Treaty.' 12.  The following subparagraph shall be added to Article 6 (6):  'The community provisions referred to in this paragraph shall be adopted in accordance with the procedure laid down in Article 17.' 13.  The following subparagraph shall be added to Article 7 (3):  'The community provisions referred to in this paragraph shall be adopted in accordance with the procedure laid down in Article 17.' 14.  Article 8 (4) shall be replaced by the following:  '4.  Where a solid foodstuff is presented in a liquid medium, the drained net weight of the foodstuff shall also be indicated on the labelling.  For the purposes of this paragraph, "liquid medium" shall mean the following products, possibly in mixtures and also where frozen or quick-frozen, provided that the liquid is merely an adjunct to the essential elements of that preparation  and is thus not a decisive factor for the purchase: water, aqueous solutions of salts, brine; aqueous solutions of food acids, vinegar; aqueous solutions of sugars, aqueous solutions of other sweetening substances; fruit or  vegetable juices in the case of fruit or vegetables.  This list may be supplemented in accordance with the procedure laid down in Article 17.  Methods of checking the drained net weight shall be determined in accordance with the procedure laid down in Article 17.' 15.  The following paragraph shall be added to Article 8:  '7.  The community provisions referred to in paragraphs 1, 2 (b) and (d) and 5 shall be adopted in accordance with the procedure laid down in Article 17.' 16.  The second and third subparagraphs of Article 9 (2) shall be deleted.  17.  Article 9 (5) shall be replaced by the following:  '5.  In their own territories the Member States may, until 31 December 1992, permit the minimum durability period to be expressed otherwise than in terms of the date of minimum durability. Without prejudice to the notification provided for in  Article 22, Member States shall notify the commission and the other Member States of any measure taken under this paragraph.' 18.  Article 9 (6) shall be replaced by the following:  '6.  Subject to community provisions imposing other types of date indication, an indication of the durability date shall not be required for:  - fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated. This derogation shall not apply to sprouting seeds and similar products such as legume sprouts,  - wines, liqueur wines, sparkling wines, aromatized wines and similar products obtained from fruits other than grapes, and beverages falling within cN codes 2206 00 91, 2206 00 93 and 2206 00 99 and manufactured from grapes or grape musts,  - beverages containing 10 % or more by volume of alcohol,  - soft drinks, fruit juices, fruit nectars and alcoholic beverages in individual containers of more than five litres, intended for supply to mass caterers,  - bakers' or pastry cooks' wares which, given the nature of their content, are normally consumed within 24 hours of their manufacture,  - vinegar,  - cooking salt,  - solid sugar,  - confectionery products consisting almost solely of flavoured and/or coloured sugars,  - chewing gums and similar chewing products.  - individual portions of ice-cream.' 19.  The following Article shall be added:  'Article 9a 1.  In the case of foodstuffs which, from the microbiological point of view, are highly perishable and are therefore likely after a short period to constitute an immediate danger to human health, the date of minimum durability shall be replaced by the  "use by" date.  2.  The date shall be preceded by the words:  - in Spanish: "fecha de caducidad",  - in Danish: "sidste anvendelsesdato",  - in German: "verbrauchen bis",  - in Greek: "analosi mechri",  - in English: "use by",  - in French: "à consommer jusqu'au",  - in Italian: "da consumare entro",  - in Dutch: "te gebruiken tot",  - in Portuguese: "a consumir até".  These words shall be accompanied by:  - either the date itself, or - a reference to where the date is given on the labelling.  These particulars shall be followed by a description of the storage conditions which must be observed.  3.  The date shall consist of the day, the month and, possibly, the year, in that order and in uncoded form.  4.  In some cases it may be decided by the procedure laid down in Article 17 whether the conditions laid down in paragraph 1 are fulfilled.' 20.  The following subparagraph shall be added to Article 10 (2):  'The Community provisions referred to in this paragraph shall be adopted in accordance with the procedure laid down in Article 17.' 21.  Article 11 shall be replaced by the following:  'Article 11 1.  (a)  When the foodstuffs are prepackaged, the particulars provided for in Articles 3 and 4 (2) shall appear on the prepackaging or on a label attached thereto.  (b)  Notwithstanding point (a) and without prejudice to Community provisions on nominal quantities, where prepackaged foodstuffs are:  - intended for the ultimate consumer but marketed at a stage prior to sale to the ultimate consumer and where sale to a mass caterer is not involved at that stage,  - intended for supply to mass caterers for preparation, processing, splitting or retail sale,  the particulars required under Articles 3 and 4 (2) need appear only on the commercial documents referring to the foodstuffs where it can be guaranteed that such documents, containing all the labelling information, either accompany the foodstuffs to which they refer or were sent before or at the  same time as delivery.  (c)  In the cases referred to in (b), the particulars referred to in Article 3 (1) (1), (4) and (6) and, where appropriate, that referred to in Article 9a, shall also appear on the external packaging in which the foodstuffs are presented for marketing.  2.  These particulars shall be easy to understand and marked in a conspicuous place in such a way as to be easily visible, clearly legible and indelible.  They shall not in any way be hidden, obscured or interrupted by other written or pictorial matter.  3.  (a)  The particulars listed in Article 3 (1), points 1, 3, 4 and 9 shall appear in the same field of vision.  This requirement may be extended to the particulars provided for in Article 4 (2).  (b)  However, for glass bottles intended for re-use, upon which one of the particulars listed in point (a) is indelibly marked, this requirement shall not apply for a period of 10 years following notification of this Directive.  4.  In the case of the glass bottles intended for re-use which are indelibly marked and which therefore bear no label, ring or collar and packaging or containers the largest surface of which has an area of less than 10 cm$ only the particulars listed in  Article 3 (1) (1), (3) and (4) need be given.  In this case, paragraph 3 (a) shall not apply.  5.  Member States may, until 31 December 1996, refrain from requiring the minimum durability date or the "use by" date to be mentioned in respect of bottles referred to in paragraph 4.  6.  Ireland, the Netherlands and the United Kingdom may derogate from Article 3 (1) and paragraph 3 (a) of this Article in the case of milk and milk products put up in glass bottles intended for re-use.  7.  The Member States shall inform the Commission of any measure taken pursuant to paragraphs 5 or 6.' 22.  In the first paragraph of Article 12, 'to the ultimate consumer' shall be replaced by 'to the ultimate consumer or to mass caterers'.  23.  In the second paragraph of Article 12, 'consumer' shall be replaced by 'purchaser'.  24.  Article 17 shall be replaced by the following:  'Article 17 Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Standing Committee on Foodstuffs (hereinafter called "the Committee") by its chairman, either on his own initiative or at the request of a representative of a Member State.  The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The  opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of Decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.  If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of a period three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.' 25.  Article 18 shall be deleted.  26.  Article 23 shall be deleted.  Article 2 Member States shall, where necessary, amend their laws, regulations and administrative provisions in such a way as to:  - permit trade in products complying with this Directive by not later than 20 December 1990,  - prohibit trade in products not complying with this Directive with effect from 20 June 1992.  They shall forthwith inform the Commission thereof.  Article 3 This Directive is addressed to the Member States.   Done at Luxembourg, 14 June 1989.  For the Council The President P. SOLBES  (1) OJ No C 124, 28. 5. 1986, p. 5, and OJ No C 154, 12. 6. 1987, p. 10. (2) OJ No C 99, 13. 4. 1987, p. 65, and OJ No C 120, 16. 5. 1989. (3) OJ No C 328, 22. 12. 1986, p. 27. (4) OJ No L 33, 8. 2. 1979, p. 1. (5) OJ No L 144, 29. 5. 1986, p. 38.  (6) OJ No L 291, 19. 11. 1969, p. 9.


Avis juridique important

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32000L0072

Commission Directive 2000/72/EC of 22 November 2000 adapting to technical progress Council Directive 93/31/EEC on stands for two-wheel motor vehicles (Text with EEA relevance)

Official Journal L 300 , 29/11/2000 P. 0018 - 0019

Commission Directive 2000/72/ECof 22 November 2000adapting to technical progress Council Directive 93/31/EEC on stands for two-wheel motor vehicles(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(1), as amended by Directive 2000/7/EC of the European Parliament and of the Council(2), and in particular Article 16 thereof,Having regard to Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles(3), and in particular Article 3 thereof,Whereas:(1) Directive 93/31/EEC is one of the separate directives under the Community type-approval procedure introduced by Directive 92/61/EEC. The provisions of Directive 92/61/EEC relating to systems, components and separate technical units for vehicles therefore apply to that Directive.(2) Developments in technology now enable Directive 93/31/EEC to be adapted to technical progress. In order to enable the full type-approval system to function properly, it is therefore necessary to clarify or supplement certain requirements of the Directive concerned.(3) To this end, it should be specified that when conducting stability tests on an inclined surface, the transverse and longitudinal tilt tests should be carried out separately.(4) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress set up under Article 13 of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(4), as last amended by European Parliament and Council Directive 2000/40/EC(5),HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 93/31/EEC is hereby amended in accordance with the Annex to this Directive.Article 21. With effect from 1 January 2002, Member States may not, on grounds relating to stands:- refuse to grant EC type-approval for a type of two-wheel motor vehicle, or- prohibit the registration, sale or entry into service of two-wheel motor vehicles;if the stands of those vehicles comply with the requirements of Directive 93/31/EEC, as amended by this Directive.2. With effect from 1 July 2002, Member States shall refuse to grant EC type-approval for any new type of two-wheel motor vehicle on grounds relating to stands if the requirements of Directive 93/31/EEC, as amended by this Directive, are not fulfilled.Article 31. Member States shall adopt and publish, no later than 31 December 2001, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 January 2002.When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the texts of the main provisions of national law that they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 22 November 2000.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 225, 10.8.1992, p. 72.(2) OJ L 106, 3.5.2000, p. 1.(3) OJ L 188, 29.7.1993, p. 19.(4) OJ L 42, 23.2.1970, p. 1.(5) OJ L 203, 10.8.2000, p. 9.ANNEXSection 6.2.2 is replaced by the following: "6.2.2. The parking platform is shifted to its minimum transverse tilt (TT) and then, separately, to its minimum longitudinal tilt (LT) in accordance with the following table:>TABLE>See figures 1a, 1b and 2 below."