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31993L0098

Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights

Official Journal L 290 , 24/11/1993 P. 0009 - 0013 Finnish special edition: Chapter 13 Volume 25 P. 0075  Swedish special edition: Chapter 13 Volume 25 P. 0075

COUNCIL DIRECTIVE 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rightsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 57 (2), 66 and 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),  (1) Whereas the Berne Convention for the protection of literary and artistic works and the International Convention for the protection of performers, producers of phonograms and broadcasting organizations (Rome Convention) lay down only minimum terms of  protection of the rights they refer to, leaving the Contracting States free to grant longer terms; whereas certain Member States have exercised this entitlement; whereas in addition certain Member States have not become party to the Rome Convention;  (2) Whereas there are consequently differences between the national laws governing the terms of protection of copyright and related rights, which are liable to impede the free movement of goods and freedom to provide services, and to distort competition  in the common market; whereas therefore with a view to the smooth operation of the internal market, the laws of the Member States should be harmonized so as to make terms of protection identical throughout the Community;  (3) Whereas harmonization must cover not only the terms of protection as such, but also certain implementing arrangements such as the date from which each term of protection is calculated;  (4) Whereas the provisions of this Directive do not affect the application by the Member States of the provisions of Article 14a (2) (b), (c) and (d) and (3) of the Berne Convention;  (5) Whereas the minimum term of protection laid down by the Berne Convention, namely the life of the author and 50 years after his death, was intended to provide protection for the author and the first two generations of his descendants; whereas the  average lifespan in the Community has grown longer, to the point where this term is no longer sufficient to cover two generations;  (6) Whereas certain Member States have granted a term longer than 50 years after the death of the author in order to offset the effects of the world wars on the exploitation of authors' works;  (7) Whereas for the protection of related rights certain Member States have introduced a term of 50 years after lawful publication or lawful communication to the public;  (8) Whereas under the Community position adopted for the Uruguay Round negotiations under the General Agreement on Tariffs and Trade (GATT) the term of protection for producers of phonograms should be 50 years after first publication;  (9) Whereas due regard for established rights is one of the general principles of law protected by the Community legal order; whereas, therefore, a harmonization of the terms of protection of copyright and related rights cannot have the effect of  reducing the protection currently enjoyed by rightholders in the Community; whereas in order to keep the effects of transitional measures to a minimum and to allow the internal market to operate in practice, the harmonization of the term of protection  should take place on a long term basis;  (10) Whereas in its communication of 17 January 1991 'Follow-up to the Green Paper - Working programme of the Commission in the field of copyright and neighbouring rights' the Commission stresses the need to harmonize copyright and neighbouring rights  at a high level of protection since these rights are fundamental to intellectual creation and stresses that their protection ensures the maintenance and development of creativity in the interest of authors, cultural industries, consumers and society as  a whole;  (11) Whereas in order to establish a high level of protection which at the same time meets the requirements of the internal market and the need to establish a legal environment conducive to the harmonious development of literary and artistic creation in  the Community, the term of protection for copyright should be harmonized at 70 years after the death of the author or 70 years after the work is lawfully made available to the public, and for related rights at 50 years after the event which sets the  term running;  (12) Whereas collections are protected according to Article 2 (5) of the Berne Convention when, by reason of the selection and arrangement of their content, they constitute intellectual creations; whereas those works are protected as such, without  prejudice to the copyright in each of the works forming part of such collections, whereas in consequence specific terms of protection may apply to works included in collections;  (13) Whereas in all cases where one or more physical persons are identified as authors the term of protection should be calculated after their death; whereas the question of authorship in the whole or a part of a work is a question of fact which the  national courts may have to decide;  (14) Whereas terms of protection should be calculated from the first day of January of the year following the relevant event, as they are in the Berne and Rome Conventions;  (15) Whereas Article 1 of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (4) provides that Member States are to protect computer programs, by copyright, as literary works within the meaning of the Berne  Convention; whereas this Directive harmonizes the term of protection of literary works in the Community; whereas Article 8 of Directive 91/250/EEC, which merely makes provisional arrangements governing the term of protection of computer programs, should  accordingly be repealed;  (16) Whereas Articles 11 and 12 of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (5) make provision for minimum terms of protection  only, subject to any further harmonization; whereas this Directive provides such further harmonization; whereas these Articles should accordingly be repealed;  (17) Whereas the protection of photographs in the Member States is the subject of varying regimes; whereas in order to achieve a sufficient harmonization of the term of protection of photographic works, in particular of those which, due to their  artistic or professional character, are of importance within the internal market, it is necessary to define the level of originality required in this Directive; whereas a photographic work within the meaning of the Berne Convention is to be considered  original if it is the author's own intellectual creation reflecting his personality, no other criteria such as merit or purpose being taken into account; whereas the protection of other photographs should be left to national law;  (18) Whereas, in order to avoid differences in the term of protection as regards related rights it is necessary to provide the same starting point for the calculation of the term throughout the Community; whereas the performance, fixation, transmission,  lawful publication, and lawful communication to the public, that is to say the means of making a subject of a related right perceptible in all appropriate ways to persons in general, should be taken into account for the calculation of the term of  protection regardless of the country where this performance, fixation, transmission, lawful publication, or lawful communication to the public takes place;  (19) Whereas the rights of broadcasting organizations in their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite, should not be perpetual; whereas it is therefore necessary to have the term of  protection running from the first transmission of a particular broadcast only; whereas this provision is understood to avoid a new term running in cases where a broadcast is identical to a previous one;  (20) Whereas the Member States should remain free to maintain or introduce other rights related to copyright in particular in relation to the protection of critical and scientific publications; whereas, in order to ensure transparency at Community  level, it is however necessary for Member States which introduce new related rights to notify the Commission;  (21) Whereas it is useful to make clear that the harmonization brought about by this Directive does not apply to moral rights;  (22) Whereas, for works whose country of origin within the meaning of the Berne Convention is a third country and whose author is not a Community national, comparison of terms of protection should be applied, provided that the term accorded in the  Community does not exceed the term laid down in this Directive;  (23) Whereas where a rightholder who is not a Community national qualifies for protection under an international agreement the term of protection of related rights should be the same as that laid down in this Directive, except that it should not exceed  that fixed in the country of which the rightholder is a national;  (24) Whereas comparison of terms should not result in Member States being brought into conflict with their international obligations;  (25) Whereas, for the smooth functioning of the internal market this Directive should be applied as from 1 July 1995;  (26) Whereas Member States should remain free to adopt provisions on the interpretation, adaptation and further execution of contracts on the exploitation of protected works and other subject matter which were concluded before the extension of the term  of protection resulting from this Directive;  (27) Whereas respect of acquired rights and legitimate expectations is part of the Community legal order; whereas Member States may provide in particular that in certain circumstances the copyright and related rights which are revived pursuant to this  Directive may not give rise to payments by persons who undertook in good faith the exploitation of the works at the time when such works lay within the public domain,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Duration of authors' rights 1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to  the public.  2. In the case of a work of joint authorship the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.  3. In the case of anonymous or pseudonymous works, the term of protection shall run for seventy years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if  the author discloses his identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1.  4. Where a Member State provides for particular provisions on copyright in respect of collective works or for a legal person to be designated as the rightholder, the term of protection shall be calculated according to the provisions of paragraph 3,  except if the natural persons who have created the work as such are identified as such in the versions of the work which are made available to the public. This paragraph is without prejudice to the rights of identified authors whose identifiable  contributions are included in such works, to which contributions paragraph 1 or 2 shall apply.  5. Where a work is published in volumes, parts, instalments, issues or episodes and the term of protection runs from the time when the work was lawfully made available to the public, the term of protection shall run for each such item separately.  6. In the case of works for which the term of protection is not calculated from the death of the author or authors and which have not been lawfully made available to the public within seventy years from their creation, the protection shall terminate.   Article 2  Cinematographic or audiovisual works 1. The principal director of a cinematographic or audiovisual work shall be considered as its author or one of its authors. Member States shall be free to designate other co-authors.  2. The term of protection of cinematographic or audiovisual works shall expire 70 years after the death of the last of the following persons to survive, whether or not these persons are designated as co-authors: the principal director, the author of the  screenplay, the author of the dialogue and the composer of music specifically created for use in the cinematographic or audiovisual work.   Article 3  Duration of related rights 1. The rights of performers shall expire 50 years after the date of the performance. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire 50 years from the  date of the first such publication or the first such communication to the public, whichever is the earlier.  2. The rights of producers of phonograms shall expire 50 years after the fixation is made. However, if the phonogram is lawfully published or lawfully communicated to the public during this period, the rights shall expire 50 years from the date of the  first such publication or the first such communication to the public, whichever is the earlier.  3. The rights of producers of the first fixation of a film shall expire 50 years after the fixation is made. However, if the film is lawfully published or lawfully communicated to the public during this period, the rights shall expire 50 years from the  date of the first such publication or the first such communication to the public, whichever is the earlier. The term 'film' shall designate a cinematographic or audiovisual work or moving images, whether or not accompanied by sound.  4. The rights of broadcasting organizations shall expire 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite.   Article 4  Protection of previously unpublished works Any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The  term of protection of such rights shall be 25 years from the time when the work was first lawfully published or lawfully communicated to the public.   Article 5  Critical and scientific publications Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.   Article 6  Protection of photographs Photographs which are original in the sense that they are the author's own intellectual creation shall be protected in accordance with Article 1. No other criteria shall be applied to determine their eligibility for protection. Member States may provide  for the protection of other photographs.   Article 7  Protection vis-à-vis third countries 1. Where the country of origin of a work, within the meaning of the Berne Convention, is a third country, and the author of the work is not a Community national, the term of protection granted by the Member States shall expire on the date of expiry of  the protection granted in the country of origin of the work, but may not exceed the term laid down in Article 1.  2. The terms of protection laid down in Article 3 shall also apply in the case of rightholders who are not Community nationals, provided Member States grant them protection. However, without prejudice to the international obligations of the Member  States, the term of protection granted by Member States shall expire no later than the date of expiry of the protection granted in the country of which the rightholder is a national and may not exceed the term laid down in Article 3.  3. Member States which, at the date of adoption of this Directive, in particular pursuant to their international obligations, granted a longer term of protection than that which would result from the provisions, referred to in paragraphs 1 and 2 may  maintain this protection until the conclusion of international agreements on the term of protection by copyright or related rights.   Article 8  Calculation of terms The terms laid down in this Directive are calculated from the first day of January of the year following the event which gives rise to them.   Article 9  Moral rights This Directive shall be without prejudice to the provisions of the Member States regulating moral rights.   Article 10  Application in time 1. Where a term of protection, which is longer than the corresponding term provided for by this Directive, is already running in a Member State on the date referred to in Article 13 (1), this Directive shall not have the effect of shortening that term  of protection in that Member State.  2. The terms of protection provided for in this Directive shall apply to all works and subject matter which are protected in at least one Member State, on the date referred to in Article 13 (1), pursuant to national provisions on copyright or related  rights or which meet the criteria for protection under Directive 92/100/EEC.  3. This Directive shall be without prejudice to any acts of exploitation performed before the date referred to in Article 13 (1). Member States shall adopt the necessary provisions to protect in particular acquired rights of third parties.  4. Member States need not apply the provisions of Article 2 (1) to cinematographic or audiovisual works created before 1 July 1994.  5. Member States may determine the date as from which Article 2 (1) shall apply, provided that date is no later than 1 July 1997.   Article 11  Technical adaptation 1. Article 8 of Directive 91/250/EEC is hereby repealed.  2. Articles 11 and 12 of Directive 92/100/EEC are hereby repealed.   Article 12  Notification procedure Member States shall immediately notify the Commission of any governmental plan to grant new related rights, including the basic reasons for their introduction and the term of protection envisaged.   Article 13  General provisions 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 11 of this Directive before 1 July 1995.  When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such a reference shall be laid down by the Member  States.  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.  2. Member States shall apply Article 12 from the date of notification of this Directive.   Article 14  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 92, 11. 4. 1992, p. 6 and OJ No C 27, 30. 1. 1993, p. 7.  (2) OJ No C 337, 21. 12. 1992, p. 205 and Decision of 27 October 1993 (not yet published in the Official Journal).  (3) OJ No C 287, 4. 11. 1992, p. 53.  (4) OJ No L 122, 17. 5. 1991, p. 42.  (5) OJ No L 346, 27. 11. 1992, p. 61.


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31988L0331

Council Directive 88/331/EEC of 13 June 1988 amending Directive 83/181/EEC determining the scope of Article 14 (1) (d) of Directive 77/388/EEC as regards exemption from value-added tax on the final importation of certain goods

Official Journal L 151 , 17/06/1988 P. 0079 - 0081 Finnish special edition: Chapter 9 Volume 2 P. 0003  Swedish special edition: Chapter 9 Volume 2 P. 0003

*****COUNCIL  DIRECTIVE  of 13 June 1988  amending Directive 83/181/EEC determining the scope of Article 14 (1) (d) of Directive 77/388/EEC as regards exemption from value-added tax on the final importation of certain goods  (88/331/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the arrangements for exemption from the value-added tax of certain imports, as laid down by Directive 83/181/EEC (3), as last amended by Directive 85/346/EEC (4), refer to the greatest possible degree of uniformity between the system for customs duties and that for value-added tax; whereas the Council, by Regulation (EEC) No 1315/88 (5), has adopted amendments to the system for customs duties; whereas it is appropriate to incorporate some of these amendments into Directive 83/181/EEC, to the extent that they meet the objectives of tax harmonization;  Whereas Directive 83/181/EEC determines not only the scope of Article 14 (1) (d) of Directive 77/388/EEC (6), as last amended by Directive 84/386/EEC (7), but is aimed also at establishing Community tax rules for VAT exemption on the final import of goods, which go beyond the scope of the said Article; whereas these rules should be amended or supplemented in such a way as to bring about a more uniform application thereof at Community level;  Whereas, in the interests of legal clarity, the wording of Article 11 (2) of Directive 83/181/EEC should be accurately rendered,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 83/181/EEC is hereby amended as follows:  1. Article 11 (2) is replaced by the following:  '2. Exemption shall also be granted in respect of presents customarily given on the occasion of a marriage which are received by a person fulfilling the conditions laid down in paragraph 1 from persons having their normal place of residence in a country situated outside the Community. the exemption shall apply to presents of a unit value of not more than 200 ECU. Member States may, however, grant exemption for more than 200 ECU provided that the value of each exempt present does not exceed 1 000 ECU.'  2. Article 22 is replaced by the following:  'Article 22  Goods of a total value not exceeding 10 ECU shall be exempt on admission. Member States may grant exemption for imported goods of a total value of more than 10 ECU but not exceeding 22 ECU.  However, Member States may exclude goods which have been imported on mail order from the exemption provided for in the first sentence of the first subparagraph.'  3. In the second indent of Article 35 (1) (b) the words 'Article 60 (1) (b)' are replaced by 'Article 60'.  4. The following Chapter is inserted after Article 38:  'Chapter IIa  Reference substances for the quality control of medical products  Article 38 (a)  Consignments which contain samples of reference substances approved by the World Health Organization for the quality control of materials used in the manufacture of medicinal products and which are addressed to consignees authorized by the competent authorities of the Member States to receive such consignments free of tax shall be exempt on admission.'  5. The following is added to Article 56:  '(d) Awards, trophies and souvenirs of a symbolic nature and of limited value intended for distribution free of charge to persons normally resident in a country other than that of import, at business conferences or similar international events; their nature, unitary value or other features, must not be such as might indicate that they are intended for commercial purposes.'  6. Articles 62 and 63 are replaced by the following:  'Article 62  Subject to Article 63, printed advertising matter such as catalogues, price lists, directions for use or brochures shall be exempt on admission provided that they relate to:  (a) goods for sale or hire by a person established outside the Member State of import, or  (b) services offered by a person established in another Member State, or  (c) transport, commercial insurance or banking services offered by a person established in a third country.  Article 63  The exemption referred to in Article 62 shall be limited to printed advertisements which fulfil the following conditions:  (a) printed matter must clearly display the name of the undertaking which produces, sells or hires out the goods, or which offers the services to which it refers;  (b) each consignment must contain no more than one document or a single copy of each document if it is made up of several documents. Consignments comprising several copies of the same document may nevertheless be granted exemption provided their total gross weight does not exceed one kilogram;  (c) printed matter must not be the subject of grouped consignments from the same consignor to the same consignee.  However, the conditions under (b) and (c) shall not apply to printed matter relating to either goods for sale or hire or services offered by a person established in another Member State provided that the printed matter has been imported, and will be distributed, free of charge.'  7. The following is added to Article 79:  '(s) importations of official publications issued under the authority of the country of export, international institutions, regional or local authorities and bodies under public law established in the country of export, and printed matter distributed on the occasion of elections to the European Parliament or on the occasion of national elections in the country in which the printed matter originates by foreign political organizations officially recognized as such in the Member States, insofar as such publications and printed matter have been subject to tax in the country of export and have not benefited from remission of tax on export.'  8. The title of Chapter VI is replaced by the following:  'Fuels and lubricants present in land motor vehicles and special containers'.  9. Article 82 is replaced by the following:  'Article 82  1. Subject to Articles 83, 84 and 85, the following shall be exempt on admission:  (a) fuel contained in the standard tanks of:  - private and commercial motor vehicles and motor cycles;  - special containers;  (b) fuel contained in portable tanks carried by private motor vehicles and motor cycles, up to a maximum of 10 litres per vehicle and without prejudice to national provisions on the holding and transport of fuel.  2. For the purpose of paragraph 1:  (a) 'commercial motor vehicle' means any motorized road vehicle (including tractors with trailers) which, by its type of construction and equipment, is designed for, and capable of, transporting, whether for payment or not: - more than nine persons including the driver,  - goods,  and any road vehicle for a special purpose other than transport as such;  (b) 'private motor vehicle' means any motor vehicle not covered by the definition set out in (a);  (c) 'standard tanks' means:  - the tanks permanently fixed by the manufacturer to all motor vehicles of the same type as the vehicle in question and whose permanent fitting enables fuel to be used directly, both for the purpose of propulsion and, where appropriate, for the operation, during transport, of refrigeration systems and other systems.  Gas tanks fitted to motor vehicles designed for the direct use of gas as a fuel and tanks fitted to ancillary systems with which the vehicle may be equipped shall also be considered to be standard tanks,  - tanks permanently fixed by the manufacturer to all containers of the same type as the container in question and whose permanent fitting enables fuel to be used directly for the operation, during transport, of refrigeration systems and other systems with which special containers are equipped;  (d) 'special container' means any container fitted with specially designed apparatus for refrigeration systems, oxygenation systems, thermal insulation systems, or other systems.  10. The first paragraph of Article 83 is amended as follows:  - in the introduction, the words 'and special containers' are inserted after the words 'commercial motor vehicles',  - after (b), the following is added:  '(c) to 200 litres per special container and per journey.'  11. The following is added at the end of Article 90 (3):  '. . . or to a reduction in that exemption.'  12. The following is added to Article 91:  '(c) exemptions in the context of agreements entered into on the basis of reciprocity with third countries that are Contracting Parties to the Convention on International Civil Aviation (Chicago 1944) for the purpose of implementing Recommended Practices 4.42 and 4.44 in Annex 9 to the Convention (eighth edition, July 1980).'  Article 2  Member States shall take the measures necessary to comply with this Directive not later than 1 January 1989. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Luxembourg, 13 June 1988.  For the Council  The President  G. STOLTENBERG  (1) OJ No C 318, 30. 11. 1987, p. 21.  (2) OJ No C 180, 8. 7. 1987, p. 14.  (3) OJ No L 105, 23. 4. 1983, p. 38.  (4) OJ No L 183, 16. 7. 1985, p. 21.  (5) OJ No L 123, 17. 5. 1988, p. 2.  (6) OJ No L 145, 13. 6. 1977, p. 1.  (7) OJ No L 208, 3. 8. 1984, p. 58.


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31993L0060

Council Directive 93/60/EEC of 30 June 1993 amending Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species and extending it to cover fresh bovine semen

Official Journal L 186 , 28/07/1993 P. 0028 - 0031 Finnish special edition: Chapter 3 Volume 51 P. 0071  Swedish special edition: Chapter 3 Volume 51 P. 0071

COUNCIL DIRECTIVE 93/60/EEC of 30 June 1993 amending Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species and extending it  to cover fresh bovine semenTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof Having regard to the proposal from the Commission(1) ,  Having regard to the opinion of the European Parliament(2) ,  Having regard to the opinion of the Economic and Social Committee(3) ,  Whereas Directive 88/407/EEC(4)  lays down the animal health requirements applicable to intra-Community trade in, and imports of, deep-frozen semen of domestic animals of the bovine species;  Whereas Article 4 of the said Directive defined provisional measures for trade in semen from bulls which are seropositive for infectious bovine rhinotracheitis (IBR); whereas these requirements should be reviewed, on the basis of a report from the  Commission; whereas this report indicates that it is necessary to phase out bulls which were seropositive or of unknown status prior to vaccination in the centre by 1998 and to maintain the possibility of vaccinating in a centre in the future; whereas  it is necessary to amend the aforementioned Article 4 in this respect;  Whereas routine foot-and-mouth disease vaccination has been discontinued in the Community as from August 1991; whereas, therefore, it is necessary to amend the provisions of Directive 88/407/EEC to take account of this change in policy; whereas this  change also permits trade in fresh bovine semen to take place under harmonized rules;  Whereas it is opportune to make further amendments to the said Directive to clarify certain issues and to take account of technical progress, particularly in respect of treatment of bulls against leptospirosis, and to align the rules with respect to  brucellosis, tuberculosis and leucosis on those laid down in Directive 64/432/EEC(5) ;  Whereas it is appropriate to provide for amendments to the Annexes under a procedure establishing close cooperation between Member States and the Commission within the Standing Veterinary Committee,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 88/407/EEC is hereby amended as follows:  1. In the title and in Article 1, the words 'deep-frozen' shall be deleted.  2. Article 4 (1) shall be replaced by the following:  '1. Without prejudice to paragraph 2, Member States shall authorize the admission of semen from bulls giving a negative reaction to the serum neutralization test or the Elisa test for infectious bovine rhinotracheitis/infectious pustular vulvo-vaginitis  or showing a positive result after vaccination in accordance with this Directive.  Member States may, until 31 December 1998, authorize the admission of semen of bulls giving a positive reaction to the serum neutralization test or the Elisa test for infectious bovine rhinotracheitis/infectious pustular vulvo-vaginitis and not having  been vaccinated in accordance with this Directive.  In that case, each consignment must pass an examination by inoculation into a live animal and/or virus isolation test.  This requirement shall not apply in respect of the semen of animals which, prior to their first routine vaccination at the insemination centre, reacted negatively to the tests referred to in the first subparagraph. However, the semen of animals given  emergency vaccinations following an outbreak of IBR must pass a virus isolation test.  These examinations may, by bilateral agreement, be carried out either in the country of collection or in the country of destination.  In that case, at least 10 % of each collection of semen (with a minimum of five straws) must be treated.  Protocols for tests to be used in accordance with this Article shall be laid down in accordance with the procedure in Article 18'.  3. Article 4 (3) shall be replaced by the following:  '3. Member States may not oppose the admission of semen from bulls vaccinated against foot-and-mouth disease. However, where the semen was obtained from a bull which had been vaccinated against foot-and-mouth disease during the 12 month period prior to  collection, 5 % of the semen from each collection (with a minimum of five straws) intended for sending to another Member States shall be subjected, in a laboratory in the Member State of destination or in a laboratory designated by it, to a virus  isolation test for foot-and-mouth disease, with negative results'.  4. Article 12 shall be replaced by the following:  'Article 12 The rules laid down in Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (*) shall apply in particular to the organization  and follow-up of checks to be carried out by the Member States and the safeguard measures to be applied.  (6) ()OJ No L 373, 31. 12. 1990, p. 1. Directive as last amended by Regulation (EEC) No 1601/92 (OJ No L 173, 27. 6. 1992, p. 13.' 5. Articles 13 and 14 shall be deleted.  6. In Annex A, Chapter II, the following shall be added to point (f) (i):  'Deep-frozen embryos may also be stored in approved centres provide that:  - such storage is authorized by the competent authority,  - the embryos meet the requirements of Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (*),  - the embryos are stored in separate storage flasks in the premises for storing approved semen.  (7) ()OJ No L 302, 19. 10. 1989, p. 1. Directive as amended by Directive 90/425/EEC (OJ No L 224, 18. 8. 1990, pl. 29).' 7. In Annex A, Chapter II, (f) (vii) shall be replaced by the following:  '(vii) each individual dose of semen is clearly marked in such a way that the date of collection of the semen, the breed and identification of the donor animal, the name of the centre and the serological status of the donor animal in respect of  infectious bovine rhinotracheitis and infectious pustular vulvo-vaginitis, possibly in code, can be readily established; the characteristics and form of this marking will be established in accordance with the procedure laid down in Article 19.' 8. In Annex B, Chapter I, paragraph 1 (b) shall be replaced by the following:  '(b) prior to their stay in the isolation accommodation described in (a), have belonged to a herd which is officially tuberculosis free and officially brucellosis free in accordance with Directive 64/432/EEC. The animals may not previously have been  kept in one or more herds of a lower status.' 9. In Annex B, Chapter I, the first subparagraph of paragraph 1 (c) shall be replaced by the following:  'have come from a herd free of enzootic bovine leucosis as defined in Directive 64/432/EEC, or have been produced by dams which have been subjected, with negative results, to an Agar Gel immunodiffusion test, carried out in accordance with Annex G of  Directive 64/432/EEC, after removal of the animals from their "dam" In the case of animals derived by embryo tansfer, 'dam' means the recipient of the embryo.' 10. In Annex B, Chapter I, paragraph 1 (d) (ii) shall be replaced by the following:  '(ii) a serum agglutination test carried out in accordance with the procedure described in Annex C to Directive 64/432/EEC and showing a brucella count lower than 30 IU of agglutination per millilitre, or a complement fixation test showing a brucella  count lower than 20 EEC units per millilitre (20 ICFT units).' 11. In Annex B, Chapter I, paragraph 1 (e) (i) shall be replaced by the following:  '(i) a serum agglutination test complying with the procedure described in Annex C to Directive 64/432/EEC and showing a brucella count lower than 30 IU of agglutination per millilitre, or a complement fixation test showing a brucella count lower than 20  EEC units per millilitre (20 ICFT units).' 12. In Annex B, Chapter I, in the last sentence of paragraph 1 (e), the words 'and have treatment against leptospirosis comprising two injections of streptomycin at an interval of 14 days (25 mg per kilogram of live body weight)' shall be deleted.  13. The following paragraph shall be added to Annex B, Chapter I:  '6. However, until 1 July 1995 the Member States may admit to approved semen collection centres animals of the bovine species originating in herds which are free of brucellosis. In that case, the animals must, during the aforementioned period, be  subjected to a complement fixation test showing a brucella count lower than 20 EEC units per millilitre (20 ICFT units) as provided for in (d) (ii) and (e) (i).' 14. In Annex B, Chapter II, paragraph 1 (ii) shall be replaced by the following:  '(ii) a serum agglutination test for brucellosis, carried out in accordance with the procedure described in Annex C to Directive 64/432/EEC, giving a count lower than 30 IU of agglutination per millilitre, or a complement fixation test showing a  brucella count lower than 20 EEC units per millilitre (20 ICFT units).' 15. In Annex B, Chapter II, paragraph 1 (iii) shall be replaced by the following:  '(iii) a screening test for enzootic bovine leucosis, carried out in accordance with the procedure described in Annex G to Directive 64/432/EEC, with a negative result;' 16. In Annex B, Chapter II, paragraph 1 (iv) the words 'until 31 December 1992' shall be deleted.  17. In Annex B, Chapter II, paragraph 3 the third subparagraph shall be replaced by the following subparagraphs:  'These provisions shall not apply to sero-positive bulls which, prior to their first vaccination in accordance with this Directive at the insemination centre, gave a negative reaction to the serum neutralization test or the ELISA test for infectious  bovine rhinotracheitis or infectious pustular vulvo-vaginitis.  Sero-positive bulls referred to in the second subparagraph of Article 4 (1) must be isolated since their semen may be the subject of intra-Community trade in accordance with the provisions for trade in semen from such bulls.' 18. In Annex C, paragraph 1 (b) shall be replaced by the following:  '(b) (i) have not been vaccinated against foot-and-mouth disease during the 12 months prior to collection, or (ii) have been vaccinated against foot-and-mouth disease during the 12 months prior to collection, in which case 5 % (with a minimum of five straws) of each collection shall be submitted to virus isolation test for foot-and-mouth disease with negative  results;'.  19. In Annex C, paragarph 1 (d) shall be replaced by the following:  '(d) have been kept at an approved semen collection centre for a continuous period of at least 30 days immediately prior to the collection of the semen in the case of collections of fresh semen;'.  20. In Annex C, paragraph 1 (f) and (g) shall be replaced by the following:  '(f) are kept in semen collection centres which have been free from foot-and-mouth disease for at least three months prior to collection of the semen and 30 days after collection or, in the case of fresh semen, until the date of dispatch and are  situated in the centre of an area of 10 kilometres radius in which for at least 30 days there has been no case of foot-and-mouth disease;  (g) have been kept in semen collection centres which, during the period commencing 30 days prior to collection and ending 30 days after collection of the semen or, in the case of fresh semen, until the date of dispatch, have been free from those bovine  diseases which are compulsorily notifiable in accordance with Annex E to Directive 64/432/EEC;'.  21. In Annex C, paragraph 3 (i) shall be replaced by the following:  '(i) be stored in approved conditions for a minimum period of 30 days prior to dispatch. This requirement shall not apply to fresh semen;' 22. In Annex D (IV), paragraph 4 (iii), the word 'consignment' shall be replaced by the word 'collection'.  23. In Annex D (IV), paragraph 5 shall be replaced by:  '5. the semen described above was collected from bulls:  (i) which have not been vaccinated against foot-and-mouth disease within 12 months prior to collection (1); or (ii) which have been vaccinated against foot-and-mouth disease with 12 months prior to collection, in which case the semen comes from a collection in which 5 % of each collection intended for trade (with a minimum of 5 straws) has been subjected, with  negative results, to a virus isolation test for foot-and-mouth disease in ..... laboratory (2);'.  24. In Annex D, IV the following shall be added:  '6. the semen was stored in approved conditions for a minimum period of 30 days prior to dispatch (3).' 25. In Annex D, in footnote 2, the words 'the second subpararagraph of Article 4 (1)' shall be replaced by 'Article 4'.  26. In Annex D, the following shall be added as footnote 3:  '(3) May be deleted for fresh semen.'  Article 2  The Commission shall submit to the Council, before 1 January 1998, a report on this Directive, taking account of experience gained and technical and scientific developments, particularly in the fight against, and eradication of, diseases,  together with any appropriate proposals. The Council shall act by a qualified majority on those proposals by 30 June 1998.   Article 3  1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 1 July 1994. They shall forthwith inform the Commission thereof.  When Member States adopt those provisions, 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 adopted by the Member  States.  2.  Member States shall inform the Commission of the text of the essential provisions of national law which they adopt in the area governed by this Directive.   Article 4  This Directive is addressed to the Member States.  Done at Luxembourg, 30 June 1993.  For the Council The President S. BERGSTEIN    (1) OJ No C 324, 10. 12. 1992, p. 13.  (2) OJ No L 72, 15. 3. 1993, p. 153.  (3) OJ No C 108, 19. 4. 1993, p. 12.  (4) OJ No L 194, 22. 7. 1988, p. 10. Directive as last amended by Directive 90/425/EEC (OJ No L 224, 18. 8. 1990, pl. 29).  (5) Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (OJ No L 121, 29. 7. 1964, p. 1977/64.). Directive as last amended by Directive 92/102/EEC (OJ No L 355, 5. 12. 1992,  p. 32).


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31982L0953

Commission Directive 82/953/EEC of 15 December 1982 adapting to technical progress Council Directive 79/622/EEC on the approximation of the laws of the Member States relating to the roll-over protection structures of wheeled agricultural or forestry tractors (static testing)

Official Journal L 386 , 31/12/1982 P. 0031 - 0038 Finnish special edition: Chapter 13 Volume 12 P. 0145  Spanish special edition: Chapter 13 Volume 14 P. 0022  Swedish special edition: Chapter 13 Volume 12 P. 0145  Portuguese special edition Chapter 13 Volume 14 P. 0022

COMMISSION DIRECTIVE of 15 December 1982 adapting to technical progress Council Directive 79/622/EEC on the approximation of the laws of the Member States relating to the roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (82/953/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors (1), as last amended by Directive 79/694/EEC (2) and by the Act of Accession of Greece, and in particular Article 11 thereof,  Whereas, as a result of experience gained in this field, and bearing in mind the present state of the affairs, it is now possible to render certain provisions of Council Directive 79/622/EEC (3) more complete and bring them more into line with real testing conditions;  Whereas the provisions of this Directive shall be without prejudice to those of Council Directive 77/536/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to the roll-over protection structures of wheeled agricultural or forestry tractors (4) ; whereas, to this end, tractors may, until a date to be specified, be fitted with a roll-over protection structure which complies either with Directive 77/536/EEC or with this Directive;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Agricultural and Forestry Tractors Sector,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Annexes II, III and IV to Directive 79/622/EEC are hereby amended in accordance with the Annex to this Directive.   Article 2 1. With effect from 1 October 1983, no Member State may:    - refuse to grant EEC type-approval, to issue the documents referred to in the last indent of Article 10 (1) of Directive 74/150/EEC or to grant national type-approval, in respect of a type of tractor, or       - prohibit the entry into service of tractors,         if the roll-over protection structure for this type of tractor or these tractors complies with the provisions of this Directive.  2. With effect from 1 October 1984, a Member State:    - shall no longer issue the document referred to in the last indent of Article 10 (1) of Directive 74/150/EEC in respect of a type of tractor on which the roll-over protection structure does not comply with the provisions of this Directive,       - may refuse to grant national type-approval in respect of a type of tractor on which the rollover protection structure does not comply with the provisions of this Directive.         3. With effect from 1 October 1985, Member States may prohibit the entry into service of tractors on which the roll-over protection structure does not comply with the provisions of this Directive.  (1) OJ No L 84, 28.3.1974, p. 10. (2) OJ No L 205, 13.8.1979, p. 17. (3) OJ No L 179, 17.7.1979, p. 1. (4) OJ No L 220, 29.8.1977, p. 1.   4. The provisions of paragraphs 1 to 3 shall be without prejudice to the provisions of Directive 77/536/EEC.   Article 3 Member States shall bring into force the provisions necessary to comply with this Directive by 30 September 1983 at the latest. The shall forthwith inform the Commission thereof.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 15 December 1982.  For the Commission  Karl-Heinz NARJES  Member of the Commission     ANNEX Annex II to Directive 79/622/EEC is hereby amended as follows: Item 4.1.1 shall be deleted.  Item 4.1.2 shall become Item 4.1.1 as follows:  "4.1.1. No part of the zone of clearance as described in Item 3.2 of Annex III has been entered by, or has been outside the protection of, the protection structure during the tests specified in Items 1.2, 1.3, 1.5, 1.6 and, where appropriate, 1.7 of Annex III.  If an overload test has been carried out, the force applied when the specified energy is absorbed shall be greater than 0 78 of the maximum force occuring during both the main test and the overload test concerned (see figures 4b and 4c of Annex IV)."  Item 4.1.3 shall become Item 4.1.2.  After Item 4.1.3 (now 4.1.2) a new Item 4.1.3 shall be incorporated as follows:  "4.1.3. At the point when the required energy level is attained in each of the specified horizontal loading tests, the force shall exceed 0 78 Fmax."  Section 6 "SYMBOLS" is hereby amended as follows:  The following symbol shall be added after the symbol D:  "D' = deflection (mm) of structure for the calculated energy required."  The text of the symbol F' shall be replaced by the following:  "F' = force for the calculated energy required."  The text of the symbol F-D shall be amended as follows:  "F-D = force/deflection curve."  The text describing the symbol Eil 2 shall be amended as follows:  "Eil 2 = energy input to be absorbed during application of the second longitudinal load (J)."  The symbols Ei, E'1, Ea and E"1 shall be deleted.  Annex III to Directive 79/622/EEC is hereby amended as follows: Item 1.2 shall be replaced by the following:  "1.2. Longitudinal loading (see Figure 2 of Annex IV)  Load application shall be horizontal and parallel to the vertical median plane of the tractor.  For tractors with at least 50 % of their mass, as defined in Item 1.3 of Annex II, on the rear wheels, the longitudinal rear load and the lateral load shall be applied on different sides of the median longitudinal plane of the protection structure. For tractors with at least 50 % of their mass on the front wheels, the longitudinal front load shall be on the same side of the median longitudinal plane of the protection structure as the lateral load.  It shall be applied to the uppermost transverse structural member of the protection structure (i.e. the part which would be likely to strike the ground first in an overturning incident).  The point of application of the load shall be located one-sixth of the width of the top of the protection structure inwards from the outside corner. The width of the protection structure shall be taken as the distance between two lines parallel to the vertical median plane of the tractor touching the outside extremities of the protection structure in the horizontal plane touching the top of the uppermost transverse structural members.  The length of the beam shall be not less than one-third of the width of the protection structure (as previously described) and not more than 49 mm greater than this minimum.  The longitudinal loading is applied from the rear or front, as defined in Item 3.1.1.1 of Annex II.   The test shall be stopped whenever:    (a) the strain energy absorbed by the protection structure is equal to or greater than the required energy input Eil 1 (where Eil 1 = 1 74 mt);       (b) the structure infringes the zone of clearance or leaves the zone of clearance unprotected."         Item 1.4 shall be replaced by the following:  "1.4. Overload test    1.4.1. Where tearing, cracking or bending occurs during a horizontal loading test, an overload test may be required to determine the residual strength of the structure and to ensure that it is sufficient to withstand any successive roll-overs (see figures 4a, 4b and 4c).  An overload test shall be carried out in all cases where the force decreases by more than 3 % during the last 5 % of the deflection reached when the energy required is absorbed by the structure (see figure 4b).       1.4.2. The overload test involves the gradual increase of the horizontal load by increments of 5 % of the initial energy requirement up to a maximum of 20 % of energy added (see figure 4c).      1.4.2.1. The overload test is satisfactory if, after each increase by 5, 10 or 15 % in the energy required, the force decreases by less than 3 % for a 5 % increment and remains more than 0 78 Fmax.           1.4.2.2. The overload test is satisfactory if, after the structure has absorbed 20 % of the added energy, the force exceeds 0 78 Fmax.           1.4.2.3. Additional cracks or tears and/or entry into or lack of protection of the zone of clearance due to elastic deformation are permitted during the overload test. However, after the removal of the load, the structure shall not enter the zone of clearance, which shall be completely protected."                    Items 3.1 to 3.1.4 shall be deleted.  Items 3.2 and 3.3 shall become Items 3.1 and 3.2 respectively.  Annex IV to Directive 79/622/EEC is hereby amended as follows: "FIGURES  Figure 1 : Point of application of lateral load  Figure 2 : Point of application of longitudinal rear load  Figure 3 : Example of an arrangement for crushing test  Figure 4a : Force/deflection curve - overload test not necessary  Figure 4b : Force/deflection curve - overload test necessary  Figure 4c : Force/deflection curve - overload test to be continued  Figure 5 : Illustration of the terms permanent, elastic and total deflection  Figure 6a : Side view of zone of clearance  Figure 6b : Front/rear view of zone of clearance  Figure 6c : Isometric view  Figure 7 : Apparatus for determination of seat reference point  Figure 8 : Method of determining seat reference point"  In the English version only, the title of Figure 1, shall be replaced by the following:  "Point of application of lateral loading."  The diagrams in Figures 2, 4a, 4b and 4c, shall be replaced by the following:  >PIC FILE= "T0022470">      >PIC FILE= "T0022471">     >PIC FILE= "T0022472">    >PIC FILE= "T0022473">


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31993L0081

Commission Directive 93/81/EEC of 29 September 1993 adapting Council Directive 70/156/EEC relating to the type-approval of motor vehicles and their trailers

Official Journal L 264 , 23/10/1993 P. 0049 - 0050 Finnish special edition: Chapter 13 Volume 25 P. 0042  Swedish special edition: Chapter 13 Volume 25 P. 0042

COMMISSION DIRECTIVE 93/81/EEC of 29 September 1993 adapting Council Directive 70/156/EEC relating to the type-approval of motor vehicles and their trailersTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/156/EEC of 6 February 1970 relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 92/53/EEC (2), and in particular Article 13 (2) thereof,  Whereas Council Directive 88/77/EEC of 3 December 1987 relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (3), as amended by Directive 91/542/EEC (4), reduced levels of gaseous  pollutants from diesel engines for new vehicles sold, registered or entered into service with effect from 1 October 1993;  Whereas Article 8 (2) (b) of Directive 70/156/EEC provides for the possibility of Member States granting for a limited period and for small quantities a derogation for 'end-of-series' vehicles;  Whereas this derogation is limited by virtue of Annex XII B to Directive 70/156/EEC to vehicles of category M1;  Whereas it is forecast that the total market for heavy commercial vehicles in the Community for 1993 will be 13 % less than the number which was sold in 1992; whereas this represents a 25 % reduction in the number of sales over a four-year period;  Whereas experience has shown that, as a consequence of the severe downturn in the Community market for vehicles powered by diesel engines covered by Directive 88/77/EEC, there is likely to be a certain number of vehicles type-approved to the previous  version of the Directive which will not have been sold before 1 October 1993;  Whereas, in the absence of a directive to amend Annex XII B, the manufacturers of such vehicles would be either left with unsaleable stocks of such vehicles or required to take uneconomic measures to satisfy the requirements of the Directive;  Whereas such an outcome would cause an additional economic burden on the producers and threaten their ability to invest in future technologically advanced products at a time when the Community market for such vehicles is already in a severe downturn;  Whereas a similar problem is likely to arise in the future with regard to diesel-engined light commercial vehicles due to the unfavourable evolution of this market;  Whereas it is necessary, in order to remedy the uneconomic commercial effects referred to above, to amend Directive 70/156/EEC by extending the 'end-of-series' derogation so that it applies to all categories of vehicle and not just to vehicles of  category M1;  Whereas the maximum number of vehicles which may benefit from the 'end-of-series' limits may not exceed 10 % of the vehicles of the types concerned put into service in that Member State during the previous year; whereas the overall impact of this  amendment on the environment will be slight and temporary;  Whereas the operation of the provisions of Directive 70/156/EEC on 'end-of-series' limits should be further clarified in order to find a definitive solution adapted to the needs of all vehicle categories including multi-stage build vehicles; whereas the  Commission will examine this problem by 31 March 1994 and will make appropriate proposals to the Member States by that date;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Section B of Annex XII to Directive 70/156/EEC shall be amended by the deletion of the words: 'In the case of category M1,'.   Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 October 1993. They shall forthwith inform the Commission thereof.  2. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.   Article 3  This Directive is addressed to the Member States.  Done at Brussels, 29 September 1993.  For the Commission Martin BANGEMANN Vice-President  (1) OJ No L 42, 23. 2. 1970, p. 1.  (2) OJ No L 225, 10. 8. 1992, p. 1.  (3) OJ No L 36, 9. 2. 1988, p. 33.  (4) OJ No L 295, 25. 10. 1991, p. 1.


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32000L0061

Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000 amending Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road

Official Journal L 279 , 01/11/2000 P. 0040 - 0043

Directive 2000/61/EC of the European Parliament and of the Councilof 10 October 2000amending Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by roadTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The standardisation work of the European Committee for Standardisation (CEN) on quality control in the transport of dangerous goods has not yet been completed; the Commission cannot therefore make a report on the subject at present; it is therefore necessary to amend the deadline laid down in the fourth subparagraph of Article 1(2) of Directive 94/55/EC(4).(2) The work of the United Nations Economic Commission for Europe (UNECE) on the provisions concerning the centres of gravity of tank-vehicles laid down in Annex B to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) has not yet been completed; it is therefore necessary to amend the deadline laid down in Article 5(3)(b) of Directive 94/55/EC.(3) A provision should be included to allow certain Member States, because of their climatic conditions, to apply stricter standards relating to certain equipment used in transport.(4) The standardisation work of the CEN on receptacles and tanks has not yet been completed; it is therefore necessary to amend the deadlines laid down in Article 6(4) of Directive 94/55/EC.(5) It is necessary to ensure consistency between the provisions of Directive 94/55/EC and the amendments required to adapt the annexes thereto to scientific and technical progress.(6) The deadlines laid down in Article 6(4) of Directive 94/55/EC regarding certain equipment should be put back; identifying the equipment concerned and the latest date for the application of Directive 94/55/EC should be made subject to the procedure laid down in Article 9 thereof.(7) The derogation provided for in Article 6(9) of Directive 94/55/EC should be made subject to the procedure laid down in Article 9 thereof.(8) Member States should be allowed to adopt derogations with regard to local transport operations and authorisation for that purpose should be made subject to the procedure laid down in Article 9 of Directive 94/55/EC.(9) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(10) The conditions to be fulfilled before a transport operation may be regarded as an ad hoc transport operation should be specified.(11) Directive 94/55/EC should be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 94/55/EC is hereby amended as follows:1. in Article 1(2), point (c) shall be replaced by the following:"(c) quality controls on undertakings where they carry out national transport operations as indicated in paragraph 1 of Annex C.The scope of the national provisions concerning the requirements set out in this point may not be extended.The provisions in question shall cease to apply if similar measures are made obligatory under Community provisions.At the latest two years after the entry into force of a European standard on quality control in the transport of dangerous goods, the Commission shall submit to the European Parliament and the Council a report assessing the safety aspects covered by this point together with an appropriate proposal for its continuation or repeal";2. Article 5 shall be amended as follows:(a) In paragraph 2, "by Marginal 10599 of Annex B" shall be replaced by "by the special provision referred to in paragraph 2 of Annex C".(b) In paragraph 3:- subparagraph (b) shall be replaced by the following:"(b) Member States may, however, maintain their specific national provisions on the centres of gravity of tank-vehicles registered within their territories until the amendment, if any, of the special provision referred to in paragraph 3 of Annex C, but not, in any event, after 30 June 2001 in the case of tank-vehicles covered by the special provision referred to in paragraph 3 of Annex C, in accordance with the amended version of the ADR applicable as from 1 July 2001 and not, in any event, after 30 June 2005 in the case of other tank-vehicles.";- the following subparagraph shall be added:"(c) Member States in which the ambient temperature is regularly lower than - 20 °C may impose more stringent standards as regards the operating temperature of materials used for plastic packaging, tanks and their equipment intended for use in the national transport of dangerous goods by road within their territory until provisions on the appropriate reference temperatures for given climatic zones are incorporated in the Annexes.";3. Article 6 shall be amended as follows:(a) paragraph 3 shall be replaced by the following:"3. Within its territory each Member State may authorise the use of vehicles constructed before 1 January 1997 which do not comply with this Directive, but were constructed in accordance with national requirements in force on 31 December 1996 provided that such vehicles are maintained to the required safety levels.Tanks and vehicles constructed on or after 1 January 1997 which do not comply with Annex B but were constructed in accordance with the requirements of this Directive that were applicable on the date of their construction may continue to be used for national transport until a date determined in accordance with the procedure laid down in Article 9.";(b) paragraph 4 shall be replaced by the following:"4. Each Member State may maintain its national provisions in force on 31 December 1996 relating to the construction, use and conditions of carriage of new receptacles within the meaning of the special provision referred to in paragraph 4 of Annex C and new tanks which do not comply with Annexes A and B, until references to standards for the construction and use of tanks and receptacles with the same binding force as the provisions of this Directive are added to Annexes A and B and in any event no later than 30 June 2001. Receptacles and tanks constructed before 1 July 2001 and maintained to the required safety levels may continue to be used under the original conditions.These dates shall be put back for receptacles and tanks for which there are no detailed technical requirements or for which no sufficient references to the appropriate European standards have been added to Annexes A and B.The receptacles and tanks referred to in the second subparagraph and the latest date for the application of this Directive as regards those receptacles and tanks shall be determined in accordance with the procedure laid down in Article 9.";(c) at the end of paragraph 6 the following shall be added:"..., except that in the case of plastic packaging not exceeding twenty litres in capacity, that date may be put back to 30 June 2001 at the latest"(d) paragraph 9 shall be replaced by the following:"9. Provided they give the Commission advance notification no later than 31 December 2002 or until two years after the last date of application of amended versions of Annexes A and B to this Directive, Member States may adopt provisions that are less stringent than those in the Annexes for the transport within their territory only of small quantities of certain dangerous goods, with the exception of substances having a medium or high level of radioactivity.Provided they give the Commission advance notification no later than 31 December 2002 or until two years after the last date of application of amended versions of Annexes A and B to this Directive, Member States may adopt provisions different from those contained in the Annexes in respect of local transport limited to their territory.The derogations provided for in the first and second subparagraphs shall be applied without discrimination.Notwithstanding the above, Member States may, provided they give the Commission advance notification, at any time adopt provisions similar to provisions adopted by other Member States with reference to this paragraph.The Commission shall examine whether the conditions laid down in this paragraph have been met and shall decide, in accordance with the procedure laid down in Article 9, whether the Member States concerned may adopt these derogations.";(e) in the second subparagraph of paragraph 10, "of Marginals 2010 and 10602 of Annexes A and B" shall be replaced by "of the special provisions referred to in paragraph 5 of Annex C";(f) paragraph 11 shall be replaced by the following:"11. The Member States may issue authorisations, valid for their territory only, to carry out ad hoc transport operations of dangerous goods which are either prohibited by Annex A or B or are performed under conditions different from those laid down in those Annexes, on condition that these ad hoc transport operations are clearly defined and limited in time";(g) in paragraph 12, "Marginals 2010 and 10602 of Annexes A and B" shall be replaced by "the special provisions referred to in paragraph 5 of Annex C";4. in Article 8, "Annexes A and B" shall be replaced by "Annexes A, B and C";5. Article 9 shall be replaced by the following:"Article 91. The Commission shall be assisted by a Committee on the transport of dangerous goods.2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply having regard to the provisions of Article 8 thereof.The period referred to Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.";6. the text set out in the Annex to this Directive, shall be added as Annex C.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 May 2001. 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 adopted by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Luxembourg, 10 October 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentD. Voynet(1) OJ C 171, 18.6.1999, p. 17.(2) OJ C 329, 17.11.1999, p. 10.(3) European Parliament Opinion of 18 January 2000 (not yet published in the Official Journal), Council Common Position of 26 June 2000 (OJ C 245, 25.8.2000, p. 7) and European Parliament Decision of 26 September 2000.(4) OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commission Directive 1999/47/EC (OJ L 169, 5.7.1999, p. 1).(5) OJ L 184, 17.7.1999, p. 23.ANNEX"ANNEX CSpecial provisions relating to certain Articles of this Directive1. The national transport operations referred to in Article 1(2)(c) are as follows:(i) explosive substances and articles in Class 1, where the quantity of explosive substance contained per transport unit exceeds:- 1000 kg for division 1.1, or- 3000 kg for division 1.2, or- 5000 kg for divisions 1.3 and 1.5;(ii) the following substances in tanks or in tank containers of a total capacity exceeding 3000 litres:- substances in Class 2: gas assigned to the following risk groups: F, T, TF, TC, TO, TFC, TOC;- substances in Classes 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1 and 8: substances not listed under (b) or (c) in those classes or listed therein but having a hazard code with three or more significant digits (not including any zero);(iii) the following packages of Class 7 (radioactive materials): packages of fissile materials, packages of type B (U), package of type B (M).2. The special provision applicable to Article 5(2) is Marginal 10599 of Annex B.3. The special provision applicable to Article 5(3)(b) is Marginal 211128 of Annex B.4. The special provision applicable to Article 6(4) is Marginal 2211 of Annex A.5. The special provisions applicable to Article 6(10) and (12) are Marginals 2010 and 10602 of Annexes A and B."


title: Directive 2007/24/EC of the European Parliament and of the Council of 23 May 2007 repealing Council Directive 71/304/EEC concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches   (Text with EEA relevance)

text:
               14.6.2007

               EN

               Official Journal of the European Union

               L 154/22

      DIRECTIVE 2007/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 23 May 2007
   repealing Council Directive 71/304/EEC concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches
   (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 47(2) and Articles 55 and 95 thereof,
   Having regard to the proposal from the Commission,
   After consulting the European Economic and Social Committee,
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
   Whereas:

               (1)

               In its Communication to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on updating and simplifying the Community acquis, the Commission announced, inter alia, its intention to scrutinise the acquis so as to establish whether it could be simplified, for instance through the repeal of acts that had become obsolete.

               (2)

               As a result of the adoption of various acts of a legislative nature in the public procurement sector, most recently Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (2), and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (3), and also in the light of developments involving the case-law of the European Court of Justice, notably its judgment of 25 July 1991 in Case C-76/90 Säger (4), it has been possible to achieve a level of protection equal to or greater than that offered under Directive 71/304/EEC (5).

               (3)

               In order to simplify the Community acquis while at the same time not prejudicing the rights of economic operators, Directive 71/304/EEC should therefore be repealed,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 71/304/EEC is hereby repealed.
   Article 2
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 3
   This Directive is addressed to the Member States.

      Done at Brussels, 23 May 2007.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         G. GLOSER

      (1)  Opinion of the European Parliament of 13 February 2007 (not yet published in the Official Journal) and Council Decision of 16 April 2007.

      (2)  OJ L 134, 30.4.2004, p. 1. Directive as last amended by Council Directive 2006/97/EC (OJ L 363, 20.12.2006, p. 107).

      (3)  OJ L 134, 30.4.2004, p. 114. Directive as last amended by Directive 2006/97/EC.

      (4)  ECR [1991] I-4221.

      (5)  OJ L 185, 16.8.1971, p. 1.