Avis juridique important

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32002L0039

Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services

Official Journal L 176 , 05/07/2002 P. 0021 - 0025

Directive 2002/39/EC of the European Parliament and of the Councilof 10 June 2002amending Directive 97/67/EC with regard to the further opening to competition of Community postal servicesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 47(2), Article 55 and Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) In its Resolution of 7 February 1994 on the development of Community postal services(5), the Council identified as one of the main objectives of Community postal policy the reconciliation of the furtherance of the gradual, controlled liberalisation of the postal market and that of a durable guarantee of the provision of universal service.(2) Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service(6) established a regulatory framework for the postal sector at Community level, including measures to guarantee a universal service and the setting of maximum limits for the postal services which Member States may reserve to their universal service provider(s) with a view to the maintenance of the universal service, and a timetable for decision-making on the further opening of the market to competition, for the purposes of creating a single market in postal services.(3) Article 16 of the Treaty highlights the place occupied by services of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion. It goes on to state that care should be taken that such services operate on the basis of principles and conditions which enable them to fulfil their missions.(4) The European Parliament's Resolutions of 14 January 1999(7) and 18 February 2000(8) on European postal services highlight the social and economic importance of postal services and the need to maintain a high quality of universal service.(5) The measures in this area should be designed in such a way that the social tasks of the Community pursuant to Article 2 of the Treaty, namely, a high level of employment and of social protection, are also achieved as objectives.(6) The rural postal network inter alia in mountain and island regions plays an essential role in integrating businesses into the national/global economy and in maintaining cohesion in social and employment terms in rural mountain and island regions. Furthermore, rural post offices in mountain and island regions can provide an essential infrastructure network affording universal access to new telecommunications technologies.(7) The European Council, meeting in Lisbon, on 23 and 24 March 2000, set out in its Presidency conclusions two decisions applying to postal services, whereby action was requested of the Commission, the Council and the Member States in accordance with their respective powers. The requested actions are: first, to set out by the end of 2000 a strategy for the removal of barriers to postal services, and secondly, to speed up liberalisation in areas such as postal services, the stated aim being to achieve a fully operational market in such services.(8) The Lisbon European Council also considered it essential that, in the framework of the internal market and of a knowledge-based economy, full account is taken of the Treaty provisions relating to services of general economic interest and to the undertakings entrusted with operating such services.(9) The Commission has undertaken a thorough review of the Community postal sector, including the commissioning of studies on the economic, social and technological developments in the sector, and has consulted extensively with interested parties.(10) The Community postal sector requires a modern regulatory framework which aims in particular at enhancing the internal market for postal services. Increased competitiveness should enable the postal sector to be integrated with alternative methods of communication and allow the quality of the service provided to ever-more demanding users to be improved.(11) The basic aim of safeguarding the durable provision of a universal service matching the standard of quality defined by the Member States in accordance with Article 3 of Directive 97/67/EC on a consistent basis throughout the Community can be secured if, in this area, the possibility of reserving services is maintained and, at the same time, conditions of high efficiency ensured by a sufficient degree of freedom to provide services.(12) The increase in demand within the postal sector as a whole, predicted for the medium term, could help to offset the loss of market share that the universal service providers may incur as a result of further market-opening and would thereby further safeguard the universal service.(13) Amongst the factors which bring about change affecting employment in the postal sector, technological development and market pressure for efficiency gains are the most important; of the remaining factors for change, market-opening will play a less prominent part. Market-opening will help to expand the overall size of the postal markets, and any reductions in staff levels among the universal service providers due to such measures (or their anticipation) are likely to be offset by the resulting growth in employment among private operators and new market entrants.(14) It is appropriate to provide at Community level a timetable for a gradual and controlled opening of the letters market to competition which allows all universal service providers sufficient time to put in place the further measures of modernisation and restructuring required to ensure their long-term viability under the new market conditions. An appropriate period of time is also needed to enable Member States to adapt their regulatory systems to a more open environment. It is therefore appropriate to provide for a step-by-step approach to further market-opening, consisting of intermediate steps representing significant but controlled opening of the market, followed by a review and proposal confirming, if appropriate, the date of 2009 for the full accomplishment of the internal market for postal services or determining a relevant alternative step towards it in the light of the review results.(15) It is appropriate to ensure that the next phases of market-opening are both substantial in nature and achievable in practice for the Member States whilst also ensuring the continuing of universal service.(16) General reductions to 100 grams in 2003 and 50 grams in 2006 in the weight limit of the services which may be reserved to the universal service providers, combined with opening outgoing cross-border mail fully to competition with possible exceptions to the extent necessary to ensure the provision of universal service, represent relatively simple and controlled further phases which are nevertheless significant.(17) In the Community, items of ordinary correspondence weighing between 50 grams and 350 grams represent on average approximately 16 % of the total postal revenues of the universal service providers, out of which 9 % correspond to items of ordinary correspondence weighing between 100 grams and 350 grams, whilst items of outward cross-border correspondence below the 50-gram weight limit represent a further 3 % or so, on average, of the total postal revenues of the universal service providers.(18) Price limits for the services capable of being reserved, of respectively three in 2003 and two-and-a-half times in 2006 the public tariff for an item of correspondence in the first weight step of the fastest standard category, are appropriate in combination with 100-gram and 50-gram weight limits where applicable.(19) Direct mail already represents in most Member States a dynamic and growing market with substantial growth prospects while in the remaining Member States there is considerable potential for growth. Direct mail is already largely open to competition in six Member States. The improvements in service flexibility and pricing resultant from competition would improve the position of direct mail versus alternative communications media, which, in turn, would be likely to lead to new postal items as an additional spin-off and strengthen the position of the postal industry as a whole. Nevertheless, to the extent necessary to ensure the provision of universal service, it should be provided that direct mail may continue to be reserved within the above weight and price limits.(20) Outgoing cross-border mail represents on average 3 % of total postal revenues. Opening this part of the market in all Member States, with exceptions that would be necessary to ensure the provision of universal service, would allow different postal operators to collect, sort and transport all outgoing cross-border mail.(21) Opening incoming cross-border mail to competition would allow circumvention of the 100-gram in 2003 and 50-gram in 2006 limits through relocation of the posting of a proportion of bulk domestic mail, thereby making its effects unpredictable. Identifying the origins of items of correspondence could present additional enforcement difficulties. 100-gram and 50-gram weight limits for items of ordinary incoming cross-border correspondence and direct mail, as for ordinary domestic correspondence, are practical as they do not present a risk of circumvention either in this way or through an artificial increase in the weight of individual items of correspondence.(22) Setting a timetable now, aimed at further steps towards the full accomplishment of the internal market for postal services, is important for both the long-term viability of the universal service and the continued development of modern and efficient posts.(23) It is appropriate to continue to provide for the possibility for Member States to reserve certain postal services to their universal service provider(s). These arrangements will enable the universal service providers to complete the process of adapting their operations and human resources to conditions of greater competition without upsetting their financial equilibrium and thus without jeopardising the safeguarding of universal service.(24) It is appropriate both to define the new weight and price limits and the services to which they may apply and to provide for a further review and decision confirming, if appropriate, the date of 2009 for the full accomplishment of the internal market for postal services, or determining a relevant alternative step towards it in the light of the review results.(25) Measures adopted by a Member State, including the establishment of a compensation fund or any change in its operation or any implementation of, or payment from, it, may involve aid granted by a Member State or through State resources in any form whatsoever within the meaning of Article 87(1) of the Treaty necessitating prior notification to the Commission pursuant to Article 88(3) thereof.(26) The concept of licensing competitors in the universal service area can be combined with requirements obliging such licensees to contribute to the provision of universal service.(27) Directive 97/67/EC established that Member States are to designate one or more national regulatory authorities for the postal sector that are legally separate from, and operationally independent of, the postal operators. In view of the dynamics of the European Postal markets, the important role national regulatory authorities play should be acknowledged and furthered, in particular concerning the task of ensuring that the reserved services are respected, except in Member States where there are no reserved services. Article 9 of Directive 97/67/EC allows Member States to go beyond the objectives of that Directive.(28) It might be appropriate for national regulatory authorities to link the introduction of licences to requirements that consumers of the licensees' services are to have transparent, simple and inexpensive procedures available to them for dealing with their complaints, regardless of whether they relate to the services of the universal service provider(s) or to those of operators holding authorisations, including individual licence-holders. It might be further appropriate for these procedures to be available to users of all postal services, whether or not they are universal services. Such procedures should include procedures for determining responsibility in case of loss of, or damage to, mail items.(29) The universal service providers normally provide services, for example to business customers, consolidators of mail for different customers and bulk mailers, enabling them to enter the mail stream at different points and under different conditions by comparison with the standard letters service. In doing this, the universal service providers should comply with the principles of transparency and non-discrimination, both as between different third parties and as between third parties and universal service providers supplying equivalent services. It is also necessary for such services to be available to private customers who post in similar conditions, given the need for non-discrimination in the provision of services.(30) In order to keep the European Parliament and the Council informed on the development of the internal market for postal services, the Commission should regularly submit reports to those institutions on the application of this Directive.(31) It is appropriate to postpone until 31 December 2008 the date for the expiry of Directive 97/67/EC. Authorisation procedures established in Member States in compliance with the Directive 97/67/EC should not be affected by this date.(32) Directive 97/67/EC should therefore be amended accordingly.(33) This Directive is without prejudice to the application of the Treaty rules on competition and on the freedom to provide services, as explained in particular in the Notice from the Commission on the application of the competition rules to the postal sector and on the assessment of certain State measures relating to postal services(9),HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 97/67/EC is hereby amended as follows:1. Article 7 shall be replaced by the following: "Article 71. To the extent necessary to ensure the maintenance of universal service, Member States may continue to reserve services to universal service provider(s). Those services shall be limited to the clearance, sorting, transport and delivery of items of domestic correspondence and incoming cross-border correspondence, whether by accelerated delivery or not, within both of the following weight and price limits. The weight limit shall be 100 grams from 1 January 2003 and 50 grams from 1 January 2006. These weight limits shall not apply as from 1 January 2003 if the price is equal to, or more than, three times the public tariff for an item of correspondence in the first weight step of the fastest category, and, as from 1 January 2006, if the price is equal to, or more than, two and a half times this tariff.In the case of the free postal service for blind and partially sighted persons, exceptions to the weight and price restrictions may be permitted.To the extent necessary to ensure the provision of universal service, direct mail may continue to be reserved within the same weight and price limits.To the extent necessary to ensure the provision of universal service, for example when certain sectors of postal activity have already been liberalised or because of the specific characteristics particular to the postal services in a Member State, outgoing cross-border mail may continue to be reserved within the same weight and price limits.2. Document exchange may not be reserved.3. The Commission shall finalise a prospective study which will assess, for each Member State, the impact on universal service of the full accomplishment of the postal internal market in 2009. Based on the study's conclusions, the Commission shall submit by 31 December 2006 a report to the European Parliament and the Council accompanied by a proposal confirming, if appropriate, the date of 2009 for the full accomplishment of the postal internal market or determining any other step in the light of the study's conclusions.";2. the following indents shall be added to Article 12: "- whenever universal service providers apply special tariffs, for example for services for businesses, bulk mailers or consolidators of mail from different customers, they shall apply the principles of transparency and non-discrimination with regard both to the tariffs and to the associated conditions. The tariffs shall take account of the avoided costs, as compared to the standard service covering the complete range of features offered for the clearance, transport, sorting and delivery of individual postal items and, together with the associated conditions, shall apply equally both as between different third parties and as between third parties and universal service providers supplying equivalent services. Any such tariffs shall also be available to private customers who post under similar conditions,- cross-subsidisation of universal services outside the reserved sector out of revenues from services in the reserved sector shall be prohibited except to the extent to which it is shown to be strictly necessary to fulfil specific universal service obligations imposed in the competitive area; except in Member States where there are no reserved services, rules shall be adopted to this effect by the national regulatory authorities who shall inform the Commission of such measures.";3. the first and second subparagraphs of Article 19 shall be replaced by the following: "Member States shall ensure that transparent, simple and inexpensive procedures are drawn up for dealing with users' complaints, particularly in cases involving loss, theft, damage or non-compliance with service quality standards (including procedures for determining where responsibility lies in cases where more than one operator is involved).Member States may provide that this principle is also applied to beneficiaries of services which are:- outside the scope of the universal service as defined in Article 3, and- within the scope of the universal service as defined in Article 3, but which are not provided by the universal service provider.Member States shall adopt measures to ensure that the procedures referred to in the first subparagraph enable disputes to be settled fairly and promptly with provision, where warranted, for a system of reimbursement and/or compensation.";4. the third subparagraph of Article 22 shall be replaced by the following: "The national regulatory authorities shall have as a particular task ensuring compliance with the obligations arising from this Directive and shall, where appropriate, establish controls and specific procedures to ensure that the reserved services are respected. They may also be charged with ensuring compliance with competition rules in the postal sector."5. Article 23 shall be replaced by the following: "Article 23Without prejudice to Article 7, every two years, on the first occasion no later than 31 December 2004, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive, including the appropriate information about developments in the sector, particularly concerning economic, social, employment and technological aspects, as well as about quality of service. The report shall be accompanied where appropriate by proposals to the European Parliament and the Council.";6. Article 27 shall be replaced by the following: "Article 27The provisions of this Directive, with the exception of Article 26, shall expire on 31 December 2008 unless otherwise decided in accordance with Article 7(3). The authorisation procedures described in Article 9 shall not be affected by this date."Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 December 2002. They shall forthwith inform the Commission thereof.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. 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 which they adopt in the field covered 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 June 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. Piqué I Camps(1) OJ C 337 E, 28.11.2000, p. 220 andOJ C 180 E, 26.6.2001, p. 291.(2) OJ C 116, 20.4.2001, p. 99.(3) OJ C 144, 16.5.2001, p. 20.(4) Opinion of the European Parliament of 14 December 2000 (OJ C 232, 17.8.2001, p. 287), Council Common Position of 6 December 2001 (OJ C 110 E, 7.5.2002, p. 37) and Decision of the European Parliament of 13 March 2002 (not yet published in the Official Journal). Council Decision of 7 May 2002.(5) OJ C 48, 16.2.1994, p. 3.(6) OJ L 15, 21.1.1998, p. 14.(7) OJ C 104, 14.4.1999, p. 134.(8) OJ C 339, 29.11.2000, p. 297.(9) OJ C 39, 6.2.1998, p. 2.


Avis juridique important

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32000L0059

Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues - Commission declaration

Official Journal L 332 , 28/12/2000 P. 0081 - 0090

Directive 2000/59/EC of the European Parliament and of the Councilof 27 November 2000on port reception facilities for ship-generated waste and cargo residuesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the Economic and Social Committee(2),Having regard to the Opinion of the Committee of the Regions(3),Acting in accordance with the procedure referred to in Article 251 of the Treaty(4), and in the light of the joint text approved by the Conciliation Committee on 18 July 2000,Whereas:(1) Community policy on the environment aims at a high level of protection. It is based on the precautionary principle and the principles that the polluter should pay and that preventive action should be taken.(2) One important field of Community action in maritime transport concerns the reduction of the pollution of the seas. This can be achieved through compliance with international conventions, codes and resolutions while maintaining the freedom of navigation as provided for by the United Nations Convention on the Law of the Sea and the freedom of providing services as provided for in Community law.(3) The Community is seriously concerned about the pollution of the seas and coastlines of the Member States caused by discharges of waste and cargo residues from ships, and in particular about the implementation of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (Marpol 73/78) which regulates what wastes can be discharged from ships into the marine environment and requires States Parties to ensure the provision of adequate reception facilities in ports. All Member States have ratified Marpol 73/78.(4) The protection of the marine environment can be enhanced by reducing discharges into the sea of ship-generated waste and cargo residues. This can be achieved by improving the availability and use of reception facilities and by improving the enforcement regime. In its Resolution of 8 June 1993 on a common policy on safe seas(5), the Council included among its priority actions the development of availability and use of reception facilities within the Community.(5) Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)(6) provides that ships posing an unreasonable threat of harm to the marine environment may not proceed to sea.(6) Pollution of the seas by its very nature has transboundary implications. In view of the subsidiarity principle, action at Community level is the most effective way of ensuring common environmental standards for ships and ports throughout the Community.(7) In view of the proportionality principle, a Directive is the appropriate legal instrument, as it provides a framework for the Member States' uniform and compulsory application of environmental standards, while leaving each Member State the right to decide which implementation tools best fit its internal system.(8) Consistency with existing regional agreements, such as the 1974/1992 Convention on the Protection of the Marine Environment in the Baltic Sea Area, should be ensured.(9) In the interest of improving pollution prevention and avoiding distortion of competition, the environmental requirements should apply to all ships, irrespective of the flag they fly, and adequate reception facilities should be made available in all ports of the Community.(10) Adequate port reception facilities should meet the needs of users, from the largest merchant ship to the smallest recreational craft, and of the environment, without causing undue delay to the ships using them. The obligation to ensure the availability of adequate port reception facilities leaves the Member States with a high degree of freedom to arrange the reception of waste in the most suitable manner and permits them, inter alia, to provide fixed reception installations or to appoint service providers bringing to the ports mobile units for the reception of waste when needed. This obligation also implies the obligation to provide all services and/or other accompanying arrangements necessary for the proper and adequate use of these facilities.(11) Adequacy of facilities can be improved by up-to-date waste reception and handling plans established in consultation with the relevant parties.(12) The effectiveness of port reception facilities can be improved by requiring ships to notify their need to use reception facilities. Such notification would also provide information for effectively planned waste management. Waste from fishing vessels and from recreational craft authorised to carry no more than 12 passengers may be handled by the port reception facilities without prior notification.(13) Discharges of ship-generated waste at sea can be reduced by requiring all ships to deliver their waste to port reception facilities before leaving the port. In order to reconcile the interest of the smooth operation of maritime transport with the protection of the environment, exceptions to this requirement should be possible taking into account the sufficiency of the dedicated storage capacity on board, the possibility to deliver at another port without risk of discharge at sea and specific delivery requirements adopted in accordance with international law.(14) In view of the "polluter pays" principle, the costs of port reception facilities, including the treatment and disposal of ship-generated waste, should be covered by ships. In the interest of protecting the environment, the fee system should encourage the delivery of ship-generated waste to ports instead of discharge into the sea. This can be facilitated by providing that all ships contribute to the costs for the reception and handling of ship-generated waste so as to reduce the economic incentives to discharge into the sea. In view of the subsidiarity principle, Member States should, in accordance with their national laws and current practices, retain the powers to establish whether and in what proportion the fees related to quantities actually delivered by the ships will be included in the cost recovery systems for using port reception facilities. Charges for using these facilities should be fair, non-discriminatory and transparent.(15) Ships producing reduced quantities of ship-generated waste should be treated more favourably in the cost recovery systems. Common criteria would facilitate the identification of such ships.(16) In order to avoid undue burden for the parties concerned, ships engaged in scheduled traffic with frequent and regular port calls may be exempted from certain obligations deriving from this Directive where there is sufficient evidence that there are arrangements to ensure the delivery of the waste and the payment of fees.(17) Cargo residues should be delivered to port reception facilities in accordance with Marpol 73/78. Marpol 73/78 requires cargo residues to be delivered to port reception facilities to the extent necessary to comply with the tank cleaning requirements. Any fee for such delivery should be paid by the user of the reception facility, the user being normally specified in the contractual arrangements between the parties involved or in other local arrangements.(18) It is necessary to undertake targeted inspections in order to verify compliance with this Directive. The number of such inspections, as well as the penalties imposed, should be sufficient to deter non-compliance with this Directive. For reasons of efficiency and cost-effectiveness, such inspections may be undertaken within the framework of Directive 95/21/EC, when applicable.(19) Member States should ensure a proper administrative framework for the adequate functioning of the port reception facilities. Under Marpol 73/78, allegations of inadequate port reception facilities should be transmitted to the International Maritime Organisation (IMO). The same information could be simultaneously transmitted to the Commission for information purposes.(20) An information system for the identification of polluting or potentially polluting ships would facilitate the enforcement of this Directive and would be helpful in evaluating the implementation thereof. The SIRENAC information system established under the Paris Memorandum of Understanding on Port State Control provides a large amount of the additional information needed for that purpose.(21) It is necessary that a Committee consisting of representatives of the Member States assist the Commission in the effective application of this Directive. Since the measures necessary for implementing this Directive are measures of a general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7), such measures should be adopted in accordance with the regulatory procedure provided for in Article 5 of that Decision.(22) Certain provisions of this Directive may, without broadening its scope, be amended in accordance with that procedure in order to take into account Community or IMO measures which enter into force in the future so as to ensure their harmonised implementation,HAVE ADOPTED THIS DIRECTIVE:Article 1PurposeThe purpose of this Directive is to reduce the discharges of ship-generated waste and cargo residues into the sea, especially illegal discharges, from ships using ports in the Community, by improving the availability and use of port reception facilities for ship-generated waste and cargo residues, thereby enhancing the protection of the marine environment.Article 2DefinitionsFor the purpose of this Directive:(a) "ship" shall mean a seagoing vessel of any type whatsoever operating in the marine environment and shall include hydrofoil boats, air-cushion vehicles, submersibles and floating craft;(b) "Marpol 73/78" shall mean the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as in force at the date of adoption of this Directive;(c) "ship-generated waste" shall mean all waste, including sewage, and residues other than cargo residues, which are generated during the service of a ship and fall under the scope of Annexes I, IV and V to Marpol 73/78 and cargo-associated waste as defined in the Guidelines for the implementation of Annex V to Marpol 73/78;(d) "cargo residues" shall mean the remnants of any cargo material on board in cargo holds or tanks which remain after unloading procedures and cleaning operations are completed and shall include loading/unloading excesses and spillage;(e) "port reception facilities" shall mean any facility, which is fixed, floating or mobile and capable of receiving ship-generated waste or cargo residues;(f) "fishing vessel" shall mean any ship equipped or used commercially for catching fish or other living resources of the sea;(g) "recreational craft" shall mean a ship of any type, regardless of the means of propulsion, intended for sports or leisure purposes;(h) "port" shall mean a place or a geographical area made up of such improvement works and equipment as to permit, principally, the reception of ships, including fishing vessels and recreational craft.Without prejudice to the definitions in points (c) and (d), "ship-generated waste" and "cargo residues" shall be considered to be waste within the meaning of Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste(8).Article 3ScopeThis Directive shall apply to:(a) all ships, including fishing vessels and recreational craft, irrespective of their flag, calling at, or operating within, a port of a Member State, with the exception of any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service; and(b) all ports of the Member States normally visited by ships falling under the scope of point (a).Member States shall take measures to ensure that ships which are excluded from the scope of this Directive under point (a) of the preceding paragraph deliver their ship-generated waste and cargo residues in a manner consistent, in so far as is reasonable and practicable, with this Directive.Article 4Port reception facilities1. Member States shall ensure the availability of port reception facilities adequate to meet the needs of the ships normally using the port without causing undue delay to ships.2. To achieve adequacy, the reception facilities shall be capable of receiving the types and quantities of ship-generated waste and cargo residues from ships normally using that port, taking into account the operational needs of the users of the port, the size and the geographical location of the port, the type of ships calling at that port and the exemptions provided for under Article 9.3. Member States shall establish procedures, in accordance with those agreed by the International Maritime Organization (IMO), for reporting to the port State alleged inadequacies of port reception facilities.Article 5Waste reception and handling plans1. An appropriate waste reception and handling plan shall be developed and implemented for each port following consultations with the relevant parties, in particular with port users or their representatives, having regard to the requirements of Articles 4, 6, 7, 10 and 12. Detailed requirements for the development of such plans are set out in Annex I.2. The waste reception and handling plans referred to in paragraph 1 may, where required for reasons of efficiency, be developed in a regional context with the appropriate involvement of each port, provided that the need for, and availability of, reception facilities are specified for each individual port.3. Member States shall evaluate and approve the waste reception and handling plan, monitor its implementation and ensure its re-approval at least every three years and after significant changes in the operation of the port.Article 6Notification1. The master of a ship, other than a fishing vessel or recreational craft authorised to carry no more than 12 passengers, bound for a port located in the Community shall complete truly and accurately the form in Annex II and notify that information to the authority or body designated for this purpose by the Member State in which that port is located:(a) at least 24 hours prior to arrival, if the port of call is known; or(b) as soon as the port of call is known, if this information is available less than 24 hours prior to arrival; or(c) at the latest upon departure from the previous port, if the duration of the voyage is less than 24 hours.Member States may decide that the information will be notified to the operator of the port reception facility, who will forward it to the relevant authority.2. The information referred to in paragraph 1 shall be kept on board at least until the next port of call and shall upon request be made available to the Member States' authorities.Article 7Delivery of ship-generated waste1. The master of a ship calling at a Community port shall, before leaving the port, deliver all ship-generated waste to a port reception facility.2. Notwithstanding paragraph 1, a ship may proceed to the next port of call without delivering the ship-generated waste, if it follows from the information given in accordance with Article 6 and Annex II, that there is sufficient dedicated storage capacity for all ship-generated waste that has been accumulated and will be accumulated during the intended voyage of the ship until the port of delivery.If there are good reasons to believe that adequate facilities are not available at the intended port of delivery, or if this port is unknown, and that there is therefore a risk that the waste will be discharged at sea, the Member State shall take all necessary measures to prevent marine pollution, if necessary by requiring the ship to deliver its waste before departure from the port.3. Paragraph 2 shall apply without prejudice to more stringent delivery requirements for ships adopted in accordance with international law.Article 8Fees for ship-generated waste1. Member States shall ensure that the costs of port reception facilities for ship-generated waste, including the treatment and disposal of the waste, shall be covered through the collection of a fee from ships.2. The cost recovery systems for using port reception facilities shall provide no incentive for ships to discharge their waste into the sea. To this end the following principles shall apply to ships other than fishing vessels and recreational craft authorised to carry no more than 12 passengers:(a) all ships calling at a port of a Member State shall contribute significantly to the costs referred to in paragraph 1, irrespective of actual use of the facilities. Arrangements to this effect may include incorporation of the fee in the port dues or a separate standard waste fee. The fees may be differentiated with respect to, inter alia, the category, type and size of the ship;(b) the part of the costs which is not covered by the fee referred to in subparagraph (a), if any, shall be covered on the basis of the types and quantities of ship-generated waste actually delivered by the ship;(c) fees may be reduced if the ship's environmental management, design, equipment and operation are such that the master of the ship can demonstrate that it produces reduced quantities of ship-generated waste.3. In order to ensure that the fees are fair, transparent, non-discriminatory and reflect the costs of the facilities and services made available and, where appropriate, used, the amount of the fees and the basis on which they have been calculated should be made clear for the port users.4. The Commission shall, within three years of the date referred to in Article 16(1), submit a report to the European Parliament and to the Council, evaluating the impact of the variety of cost recovery systems adopted in accordance with paragraph 2 on the marine environment and waste flow patterns. This report shall be drawn up in liaison with the competent authorities of the Member States and representatives of ports.The Commission shall, if necessary in the light of this evaluation, submit a proposal to amend this Directive by the introduction of a system involving the payment of an appropriate percentage, of no less than one third, of the costs referred to in paragraph 1 by all ships calling at a port of a Member State irrespective of actual use of the facilities, or an alternative system with equivalent effects.Article 9Exemptions1. When ships are engaged in scheduled traffic with frequent and regular port calls and there is sufficient evidence of an arrangement to ensure the delivery of ship-generated waste and payment of fees in a port along the ship's route, Member States of the ports involved may exempt these ships from the obligations in Article 6, Article 7(1) and Article 8.2. Member States shall inform the Commission of exemptions granted in accordance with paragraph 1 on a regular basis, at least once a year.Article 10Delivery of cargo residuesThe master of a ship calling at a Community port shall ensure that cargo residues are delivered to a port reception facility in accordance with the provisions of Marpol 73/78. Any fee for delivery of cargo residues shall be paid by the user of the reception facility.Article 11Enforcement1. Member States shall ensure that any ship may be subject to an inspection in order to verify that it complies with Articles 7 and 10 and that a sufficient number of such inspections is carried out.2. For inspections concerning ships other than fishing vessels and recreational craft authorised to carry no more than 12 passengers:(a) in selecting ships for inspection, Member States shall pay particular attention to:- ships which have not complied with the notification requirements in Article 6;- ships for which the examination of the information provided by the master in accordance with Article 6 has revealed other grounds to believe that the ship does not comply with this Directive;(b) such inspection may be undertaken within the framework of Directive 95/21/EC, when applicable; whatever the framework of the inspections, the 25 % inspection requirement set out in that Directive shall apply;(c) if the relevant authority is not satisfied with the results of this inspection, it shall ensure that the ship does not leave the port until it has delivered its ship-generated waste and cargo residues to a port reception facility in accordance with Articles 7 and 10;(d) when there is clear evidence that a ship has proceeded to sea without having complied with Articles 7 or 10, the competent authority of the next port of call shall be informed thereof and such a ship shall, without prejudice to the application of the penalties referred to in Article 13, not be permitted to leave that port until a more detailed assessment of factors relating to the ship's compliance with this Directive, such as the accuracy of any information provided in accordance with Article 6, has taken place.3. Member States shall establish control procedures, to the extent required, for fishing vessels and recreational craft authorised to carry no more than 12 passengers to ensure compliance with the applicable requirements of this Directive.Article 12Accompanying measures1. Member States shall:(a) take all necessary measures to ensure that masters, providers of port reception facilities and other persons concerned are adequately informed of the requirements addressed to them under this Directive and that they comply with them;(b) designate appropriate authorities or bodies for performing functions under this Directive;(c) make provision for cooperation between their relevant authorities and commercial organisations to ensure the effective implementation of this Directive;(d) ensure that the information notified by masters in accordance with Article 6 be appropriately examined;(e) ensure that the formalities relating to the use of port reception facilities are simple and expeditious in order to create an incentive for the master to use port reception facilities and to avoid undue delays to ships;(f) ensure that the Commission is provided with a copy of the allegations of inadequate port reception facilities referred to in Article 4(3);(g) ensure that the treatment, recovery or disposal of ship-generated waste and cargo residues shall be carried out in accordance with Directive 75/442/EEC and other relevant Community waste legislation, in particular Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils(9) and Council Directive 91/689/EEC of 12 December 1991 on hazardous waste(10).(h) ensure in accordance with their national legislation that any party involved in the delivery or reception of ship-generated waste or cargo residues can claim compensation for damage caused by undue delay.2. Delivery of ship-generated waste and cargo residues shall be considered as release for free circulation within the meaning of Article 79 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(11). The customs authorities shall not require the lodging of a summary declaration in accordance with Article 45 of the Community Customs Code.3. Member States and the Commission shall co-operate in establishing an appropriate information and monitoring system, covering at least the whole of the Community, to:- improve the identification of ships which have not delivered their ship-generated waste and cargo residues in accordance with this Directive,- ascertain whether the goals set in Article 1 of the Directive have been met.4. Member States and the Commission shall cooperate in establishing common criteria for identifying ships referred to in Article 8(2)(c).Article 13PenaltiesMember States shall lay down a system of penalties for the breach of national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided shall be effective, proportionate and dissuasive.Article 14Regulatory Committee1. The Commission shall be assisted by the Committee set up pursuant to Article 12(1) of Directive 93/75/EEC(12), hereinafter referred to as "the Committee".2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 15Amendment procedureThe Annexes to this Directive, the definition in Article 2(b), references to Community instruments and references to IMO instruments may be amended in accordance with the procedure laid down in Article 14(2) in order to bring them into line with Community or IMO measures which have entered into force, insofar as such amendments do not broaden the scope of this Directive.Furthermore, the Annexes to this Directive may be amended in accordance with that procedure when necessary to improve the regime established by this Directive, insofar as such amendments do not broaden the scope of this Directive.Article 16Implementation1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 28 December 2002 and forthwith inform the Commission thereof.However, as far as sewage as referred to in Article 2(c) is concerned, the implementation of this Directive shall be suspended until 12 months after the entry into force of Annex IV to Marpol 73/78, while respecting the distinction made in this convention between new and existing ships.2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States.Article 17Evaluation1. Member States shall submit to the Commission a status report concerning the implementation of this Directive every three years.2. The Commission shall submit an evaluation report on the operation of the system as provided for in this Directive to the European Parliament and the Council, on the basis of the reports of the Member States as provided for in paragraph 1 together with proposals as necessary, concerning the implementation of this Directive.Article 18Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 19AddresseesThis Directive is addressed to the Member States.Done at Brussels, 27 November 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentL. Fabius(1) OJ C 271, 31.8.1998, p. 79 andOJ C 148, 28.5.1999, p. 7.(2) OJ C 138, 18.5.1999, p. 12.(3) OJ C 198, 14.7.1999, p. 27.(4) Opinion of the European Parliament of 11 February 1999 (OJ C 150, 28.5.1999, p. 432), confirmed on 16 September 1999, Council Common Position of 8 November 1999 (OJ C 10, 13.1.2000, p. 14) and Decision of the European Parliament of 14 March 2000 (not yet published in the Official Journal). Decision of the European Parliament of 6 September 2000 and Decision of the Council of 14 September 2000.(5) OJ C 271, 7.10.1993, p. 1.(6) OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 98/42/EC (OJ L 184, 27.6.1998, p. 40).(7) OJ L 184, 17.7.1999, p. 23.(8) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).(9) OJ L 194, 25.7.1975, p. 23. Directive as last amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48).(10) OJ L 377, 31.12.1991, p. 20. Directive as last amended by Directive 94/31/EEC (OJ L 168, 2.7.1994, p. 28).(11) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 955/1999 (OJ L 119, 7.5.1999, p. 1).(12) OJ L 247, 5.10.1993, p. 19. Directive as last amended by Directive 98/74/EC (OJ L 276, 13.10.1998, p. 7).ANNEX IREQUIREMENTS FOR WASTE RECEPTION AND HANDLING PLANS IN PORTS(as referred to in Article 5)Plans shall cover all types of ship-generated waste and cargo residues originating from ships normally visiting the port and shall be developed according to the size of the port and the types of ships calling at that port.The following elements shall be addressed in the plans:- an assessment of the need for port reception facilities, in light of the need of the ships normally visiting the port;- a description of the type and capacity of port reception facilities;- a detailed description of the procedures for the reception and collection of ship-generated waste and cargo residues;- description of the charging system;- procedures for reporting alleged inadequacies of port reception facilities;- procedures for ongoing consultations with port users, waste contractors, terminal operators and other interested parties; and- type and quantities of ship-generated waste and cargo residues received and handled.In addition, the plans should include:- a summary of relevant legislation and formalities for delivery;- identification of a person or persons to be responsible for the implementation of the plan;- a description of the pre-treatment equipment and processes in the port, if any;- a description of methods of recording actual use of the port reception facilities;- a description of methods of recording amounts of ship-generated waste and cargo residues received; and- a description of how the ship-generated waste and cargo residues are disposed of.The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities. Such conformity is presumed if the procedures are in compliance with the Council Regulation (EEC) No 1836/93 of 29 June 1993 allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme(1).Information to be made available to all port users:- brief reference to fundamental importance of proper delivery of ship-generated waste and cargo residues;- location of port reception facilities applicable to each berth with diagram/map;- list of ship-generated waste and cargo residues normally dealt with;- list of contact points, the operators and the services offered;- description of procedures for delivery;- description of charging system; and- procedures for reporting alleged inadequacies of port reception facilities.(1) OJ L 168, 10.7.1993, p. 1.ANNEX II>PIC FILE= "L_2000332EN.008802.EPS">>PIC FILE= "L_2000332EN.008901.EPS">Statement from the CommissionThe Commission interprets the word "significantly" as a figure of the order of at least 30 % of the costs referred to in Article 8(1).


title: Commission Directive 2004/94/EC of 15 September 2004 amending Council Directive 76/768/EEC as regards Annex IX(Text with EEA relevance)

text:
               17.9.2004

               EN

               Official Journal of the European Union

               L 294/28

      COMMISSION DIRECTIVE 2004/94/EC
   of 15 September 2004
   amending Council Directive 76/768/EEC as regards Annex IX
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 76/768/EEC of 27 July 1976 on approximation of the laws of the Member States relating to cosmetic products (1), in particular the second subparagraph of Article 4a(1) thereof,
   After consulting the Scientific Committee on Cosmetic products and Non-food Products intended for consumers,
   Whereas:

               (1)

               The contents of Annex IX to Directive 76/768/EEC should be established for the purpose of listing those alternative methods to animal testing that have been validated by the European Centre on Validation of Alternative Methods (ECVAM) of the Joint Research Centre and that are not listed in Annex V to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2).

               (2)

               As animal testing may not be replaced completely by an alternative method, it should be mentioned in Annex IX whether the alternative method fully or partially replaces animal testing.

               (3)

               Directive 76/768/EEC should therefore be amended accordingly.

               (4)

               There are at present, no alternative methods validated by ECVAM, other than those listed in Annex V to Council Directive 67/548/EEC.

               (5)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   The text in the Annex to this Directive is inserted in the Annex IX to Directive 76/768/EEC.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 September 2004 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   2.   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.
   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 shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 15 September 2004.

            For the Commission

         Olli REHN

            Member of the Commission

      (1)  OJ L 262, 27.9.1976, p. 169. Directive as last amended by Commission Directive 2004/88/EC (OJ L 287, 8.9.2004, p. 5).

      (2)  OJ 196, 16.8.1967, p. 1. Directive as last amended by Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).

      ANNEX
      The following text is inserted in Annex IX to Directive 76/768/EEC:

            ‘ANNEX IX
            LIST OF VALIDATED ALTERNATIVE METHODS TO ANIMAL TESTING
            This Annex lists the alternative methods validated by the European Centre on Validation of Alternative Methods (ECVAM) of the Joint Research Centre available to meet the requirements of this Directive and which are not listed in Annex V to Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances. As animal testing may not be replaced completely by an alternative method, it should be mentioned in Annex IX whether the alternative method fully or partially replaces animal testing.

                        Reference number

                        Validated alternative methods

                        Nature of replacement full or partial

                        A

                        B

                        C’


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31974L0378

Eighth Commission Directive 74/378/EEC of 1 July 1974 amending the Annexes of the Council Directive of 23 November 1970 concerning additives in feedingstuffs

Official Journal L 199 , 22/07/1974 P. 0013 - 0014 Greek special edition: Chapter 03 Volume 11 P. 0020

++++EIGHTH COMMISSION DIRECTIVE  OF 1 JULY 1974  AMENDING THE ANNEXES OF THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS   ( 74/378/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ( 1 ) CONCERNING ADDITIVES IN FEEDINGSSTUFFS , AS LAST AMENDED BY THE SEVENTH COMMISSION DIRECTIVE OF 26 FEBRUARY 1974 ( 2 ) , AND IN PARTICULAR ARTICLE 6 ( 1 ) ( A ) THEREOF ;  WHEREAS THE PROVISION OF THE ABOVEMENTIONED DIRECTIVE PROVIDES FOR THE CONTENTS OF THE ANNEXES TO BE CONSTANTLY AMENDED DUE TO THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;  WHEREAS FERROUS LACTATE COMPLIES IN EVERY RESPECT TO THE PRINCIPLES RULING THE ADMISSION OF ADDITIVES AT COMMUNITY LEVEL ; THAT IT IS DESIRABLE THEREFORE TO AUTHORIZE THE USE OF THIS ADDITIVE THROUGHOUT THE COMMUNITY UNDER THE SAME CONDITIONS TO THOSE PRESCRIBED IN ANNEX 1 FOR THE TRACE ELEMENT " FE " ;  WHEREAS THE COCCIDIOSTATS METICLORPINDOL/METHYLBENZOQUATE , AND MONENSIN-SODIUM AND A NEW USE OF METICLOPRINDOL HAVE BEEN SUCCESSFULLY INVESTIGATED IN CERTAIN MEMBER STATES ; WHEREAS IT IS DESIRABLE TO AUTHORIZE THESE SUBSTANCES AT LEAST AT NATIONAL LEVEL UNTIL THEY ARE PERMITTED AT COMMUNITY LEVEL ;  WHEREAS CARBADOX USED AS A GROWTH PROMOTER AND EMULSIFIER " POLYGLYCEROL ALKYL ETHER " CAN FOR THE REASONS ENUMERATED BELOW BE INCLUDED ALSO IN ANNEX II ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS SHALL BE AMENDED AS STIPULATED IN THE FOLLOWING ARTICLES .  ARTICLE 2  THE FOLLOWING PROVISION SHALL BE ADDED TO ANNEX 1 PART I " TRACE ELEMENTS " UNDER HEADING E1 .  EEC NO*ELEMENT*ADDITIVES*CHEMICAL FORMULA*MAXIMUM CONTENT OF THE FOOD IN PPM OF COMPLETE FEEDINGSTUFFS*   - * - *FERROUS LACTATE*FE(C3H5O3)2 * 3H2O* - *  ARTICLE 3  ANNEX II IS MODIFIED AS FOLLOWS :  1 . PART B " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " IS COMPLETED AS FOLLOWS :  NO*ADDITIVES*CHEMICAL FORMULA , DESCRIPTION*SPECIES OF ANIMAL*MAX . AGE*PPM OF COMPLETE FEEDINGSTUFF*OTHER PROVISIONS*  *****MIN . CONTENT*MAX . CONTENT**  5*METICLORPINDOL*3,5-DICHLORO-2,6-DIMETHYL-4-PYRIDINOL* RABBITS* - * - *200*USE PROHIBITED AT LEAST THREE DAYS BEFORE SLAUGHTER*  16*METICLORPINDOL/METHYL-BENZOQUATE ( MIXTURE OF 100 PARTS OF ( A ) AND 8,35 PARTS OF ( B ) ) * ( A ) 3,5-DICHLORO-2,6-DIMETHYL-4-PYRIDINOL ( B ) 7-BENZYLOXY-6,N-BUTYL-3-METHOXYCARBONYL-4-QUINOLONE*CHICKENS FOR FATTENING* - * - *110*USE PROHIBITED AT LEAST THREE DAYS BEFORE SLAUGHTER*  17*MONENSINSODIUM*ESTER COMPLEX OF SODIUM BUTYRATE , C36H61O11HA*CHICKENS FOR FATTENING* - * - *125*USE PROHIBITED AT LEAST THREE DAYS BEFORE SLAUGHTER*  2 . PART E " OTHER ADDITIVES " SHALL BE SUPPLEMENTED AS FOLLOWS :  NO*ADDITIVES*CHEMICAL FORMULA , DESCRIPTION*SPECIES OF ANIMAL*PPM OF COMPLETE FEEDINGSTUFF*OTHER PROVISIONS*  *****MIN . CONTENT*MAX . CONTENT**  7*CARBADOX*METHYL 3-(2-QUINOXALINYL METHYLENE)CARBAZATE-N1,N4-DIOXIDE*SWINE*FOUR MHS .* - *50*USE PROHIBITED AT LEAST FOUR WEEKS BEFORE SLAUGHTER*  8*EMULSIFIER POLYGLYCEROL ALKYLETHER* ( PM 650 TO 750 ) *CALVES* - * - * - *MILK FEEDS ONLY ( 1 000 TO 5 000 PPM ) *  ARTICLE 4  THE MEMBER STATES SHALL , NOT LATER THAN 1 JANUARY 1975 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 1 JULY 1974 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI  ( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 94 , 4 . 4 . 1974 , P . 18 .


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31999L0015

Commission Directive 1999/15/EC of 16 March 1999 adapting to technical progress Council Directive 76/759/EEC relating to direction indicator lamps for motor vehicles and their trailers Text with EEA relevance.

Official Journal L 097 , 12/04/1999 P. 0014 - 0032

COMMISSION DIRECTIVE 1999/15/ECof 16 March 1999adapting to technical progress Council Directive 76/759/EEC relating to direction indicator lamps for motor vehicles and their trailers(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to 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(1), as last amended by Directive 98/91/EC of the European Parliament and of the Council(2), and in particular Article 13(2) thereof,Having regard to Council Directive 76/759/EEC of 27 June 1976 on the approximation of the laws of the Member States relating to direction indicator lamps for motor vehicles and their trailers(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,(1) Whereas Directive 76/759/EEC is one of the separate Directives of the EC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to Directive 76/759/EEC;(2) Whereas, in particular, Article 3(4) and Article 4(3) of Directive 70/156/EEC require each separate Directive to have attached to it an information document and also a type-approval certificate based on Annex VI to Directive 70/156/EEC in order that type-approval may be computerised; whereas the type-approval certificate provided for in Directive 76/759/EEC should be amended accordingly;(3) Whereas the procedures should be simplified in order to maintain the equivalence envisaged by Article 9(2) of Directive 70/156/EEC between certain separate Directives and the corresponding regulations of the United Nations' Economic Commission for Europe (UN-ECE), when those regulations are amended; whereas, as a first step, the technical requirements of Directive 76/759/EEC should be replaced by those of UN-ECE Regulation No 6 by way of cross-reference;(4) Whereas it is necessary to ensure that the requirements in Council Directive 76/756/EEC(4), as last amended by Commission Directive 97/28/EC(5), and in Council Directive 76/761/EEC(6), as last amended by Commission Directive 1999/17/EC(7), are complied with;(5) Whereas the measures provided for in 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 1Directive 76/759/EEC is amended as follows:1. In Article 1, paragraph 1 is replaced by the following:"1. Each Member State shall grant EC component type-approval for any type of direction indicator lamp which satisfies the construction and testing requirements laid down in the relevant Annexes."2. In Article 2, the first paragraph is replaced by the following:"Member States shall, for each type of direction indicator lamp which they approve pursuant to Article 1, issue to the manufacturer an EC component type-approval mark conforming to the model shown in Annex I, Appendix 3."3. Article 4 is replaced by the following:"Article 4The competent authorities of the Member States shall inform each other, by means of the procedures specified in Article 4(6) of Directive 70/156/EEC, of each approval which they have granted, refused or withdrawn pursuant to this Directive."4. Article 9 is replaced by the following:"Article 9For the purposes of this Directive, 'vehicle' means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery."5. The Annexes are replaced by the text in the Annex to this Directive.Article 21. From 1 October 1999, or, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, six months after the actual date of publication of these texts, Member States may not, on grounds relating to direction indicator lamps:- refuse, in respect of a type of vehicle or a type of direction indicator lamp, to grant EC type-approval or national type-approval, or- prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of direction indicator lamps,provided that the direction indicator lamps comply with the requirements of Directive 76/759/EEC, as amended by this Directive, and that, as far as vehicles are concerned, they are installed in accordance with the requirements laid down in Directive 76/756/EEC.2. From 1 April 2000 Member States:- shall no longer grant EC type-approval, and- may refuse to grant national type-approvalfor any type of vehicle on grounds relating to direction indicator lamps, and for any type of direction indicator lamp, if the requirements of Directive 76/759/EEC, as amended by this Directive, are not fulfilled.3. From 1 April 2001 the requirements of Directive 76/759/EEC relating to direction indicator lamps as components, as amended by this Directive, shall be applicable for the purposes of Article 7(2) of Directive 70/156/EEC.4. Notwithstanding paragraphs 2 and 3, for the purposes of replacement parts Member States shall continue to grant EC type-approval of direction indicator lamps, and to permit their sale and entry into service, in accordance with previous versions of Directive 76/759/EEC provided that such direction indicator lamps:- are intended to be fitted to vehicles already in use, and- comply with the requirements of that Directive which were applicable when the vehicles where first registered.Article 3The paragraphs and annexes of UN-ECE Regulation No 6, referred to in point 1 of Annex II, shall be published in the Official Journal of the European Communities before 1 April 1999.Article 41. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 October 1999; however, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, the Member States shall comply with this obligation six months after the actual date of publication of these texts. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 October 1999, or, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, six months after the actual date of publication of those texts.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 5This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Brussels, 16 March 1999.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 42, 23.2.1970, p. 1.(2) OJ L 11, 16.1.1999, p. 25.(3) OJ L 262, 27.9.1976, p. 71.(4) OJ L 262, 27.9.1976, p. 1.(5) OJ L 171, 30.6.1997, p. 1.(6) OJ L 262, 27.9.1976, p. 96.(7) See page 45 of this Official Journal.ANNEX"LIST OF ANNEXES>TABLE>ANNEX IADMINISTRATIVE PROVISIONS FOR TYPE APPROVAL1. APPLICATION FOR EC COMPONENT TYPE-APPROVAL1.1. The application for EC component type-approval pursuant to Article 3(4) of Directive 70/156/EEC of a type of direction indicator lamp shall be submitted by the manufacturer.1.2. A model for the information document is given in Appendix 1.1.3. The following must be submitted to the technical service responsible for conducting the type-approval tests:1.3.1. Two samples equipped with the lamp or lamps recommended; if the devices are not identical but are symmetrical and suitable for mounting one on the left and one on the right side of the vehicle, the two samples submitted may be identical and be suitable for mounting only on the right or only on the left side of the vehicle; for a direction indicator of category 2b, the application shall also be accompanied by two samples of the parts constituting the system which ensures the two levels of intensity.2. MARKINGS2.1. The devices submitted for EC component type approval must bear:2.1.1. the trade name or mark of the manufacturer;2.1.2. in the case of lamps with replaceable light sources: the type(s) of filament lamp prescribed;2.1.3. in the case of lamps with non-replaceable light sources: the nominal voltage and wattage.2.2. These markings shall be clearly legible and indelible and shall be affixed to the illuminating surface, or to one of the illuminating surfaces, of the device. They shall be visible from the exterior when the device is fitted to the vehicle.2.3. Each device shall have sufficient space for the component type-approval mark. This space shall be indicated on the drawings referred to in Appendix 1.3. GRANTING OF EC COMPONENT TYPE-APPROVAL3.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4(3) and, if applicable, Article 4(4) of Directive 70/156/EEC shall be granted.3.2. A model for the EC type-approval certificate is given in Appendix 2.3.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of direction indicator lamp approved. The same Member State shall not assign the same number to another type of direction indicator lamp.3.4. Where EC component type approval is requested for a type of lighting and light-signalling device comprising a direction indicator lamp and other lamps, a single EC component type-approval number may be assigned provided that the direction indicator lamp complies with the requirements of this Directive and that each of the other lamps forming part of the lighting and light-signalling device for which EC component type approval is requested complies with the separate Directive applying to it.4. EC COMPONENT TYPE-APPROVAL MARK4.1. In addition to the markings referred to in item 2.1., every direction indicator lamp conforming to the type approved pursuant to this Directive shall bear an EC component type-approval mark.4.2. This mark shall consist of:4.2.1. a rectangle surrounding the letter "e" followed by the distinguishing number or letters of the Member State which has granted type approval:1 for Germany2 for France3 for Italy4 for the Netherlands5 for Sweden6 for Belgium9 for Spain11 for the United Kingdom12 for Austria13 for Luxembourg17 for Finland18 for Denmark21 for Portugal23 for GreeceIRL for Ireland;4.2.2. in the vicinity of the rectangle the "base approval number" contained in section 4 of the type-approval number referred to in Annex VII to Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to Directive 76/759/EEC on the date EEC type approval was granted. In this Directive the sequence number is 01;4.2.3. additional symbols as follows:4.2.3.1. one or more of the numbers: 1, 1a, 1b, 2a, 2b, 3, 4, 5, or 6, according to whether the device belongs to one or more categories 1, 1a, 1b, 2a, 2b, 3, 4, 5, or 6;4.2.3.2. on devices which cannot be mounted on either side of the vehicle indiscriminately, an arrow showing in which position the device is to be mounted (the arrow shall be directed outwards from the vehicle in the case of devices of categories 1, 1a, 1b, 2a and 2b and towards the front of the vehicle in the case of devices of categories 3, 4, 5 and 6). In addition, for devices of category 6 an indication "R" or "L" shall in this case be shown on the device, indicating the right or left side of the vehicle;4.2.3.3. on devices which may be used as a single lamp and as part of an assembly of two lamps, the additional letter "D" to the right side of the symbol mentioned in paragraph 4.2.3.1.;4.3. The EC component type-approval mark shall be affixed to the lens of the lamp or one of the lenses in such a way as to be indelible and clearly legible even when the lamps are fitted to the vehicle.4.4. Arrangement of the approval mark.4.4.1. Independent lamps:Examples of the EC component type-approval mark are given in Appendix 3, Figure 1.4.4.2. Grouped, combined or reciprocally incorporated lamps:4.4.2.1. Where a single EC component type-approval number is issued, as per item 3.4. above, for a type of lighting and light-signalling device comprising a direction indicator lamp and other lamps, a single EC component type-approval mark may be affixed, consisting of:4.4.2.1.1. a rectangle surrounding the letter "e" followed by the distinguishing number or letters of the Member State which has granted type approval (see item 4.2.1.);4.4.2.1.2. the base approval number (see item 4.2.2., first half-sentence);4.4.2.1.3. if necessary, the required arrow, in so far as it relates to the lamp assembly as a whole.4.4.2.2. This mark may be located anywhere on the lamps which are grouped, combined or reciprocally incorporated, provided that:4.4.2.2.1. it is visible after the installation of the lamps;4.4.2.2.2. no light-transmitting components of the grouped, combined or reciprocally incorporated lamps can be removed without simultaneously removing the approval mark.4.4.2.3. The identification symbol for each lamp corresponding to each Directive pursuant to which EC component type approval was granted, together with the sequence number (see item 4.2.2., second half-sentence) and, where necessary, the letter "D" and the required arrow shall be marked:4.4.2.3.1. either on the appropriate light-emitting surface;4.4.2.3.2. or in a group, in such a way that each of the grouped, combined or reciprocally incorporated lamps may be clearly identified.4.4.2.4. The dimensions of the components of this mark must not be less than the minimum dimensions specified for individual marks by the various Directives pursuant to which EC component type approval was granted.4.4.2.5. Examples of an EC component type-approval mark for a lamp that is grouped, combined or reciprocally incorporated with other lamps are given in Appendix 3, Figure 2.4.4.3. Lamps reciprocally incorporated with other lamps, of which the lens may also be used for other types of headlamps:4.4.3.1. the provisions laid down in point 4.4.2. shall apply;4.4.3.2. in addition, where the same lens is used, the latter may bear the different approval marks relating to the different types of headlamps or units of lamps, provided that the main body of the headlamp, even if it cannot be separated from the lens, also comprises the space described in point 2.3. and bears the approval marks of the actual functions;4.4.3.3. if different types of headlamps comprise the same main body, the latter may bear the different approval marks.4.4.3.4. Examples of an EC component type-approval mark for lamps reciprocally incorporated with a headlamp are given in figure 3 of Appendix 3.5. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS5.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.6. CONFORMITY OF PRODUCTION6.1. As a general rule, measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.6.2. Every direction indicator lamp shall comply with the photometric and colorimetric conditions specified in paragraphs 6 and 8(1). Nevertheless, in the case of a device picked at random from series production, the requirements as to minimum intensity of the light emitted (measured with a standard filament lamp as referred to in paragraph 7(2)) shall be limited in each relevant direction to 80 per cent of the minimum values specified in paragraphs 6.1. and 6.2.(3).(1) Of the documents referred to in item 1 of Annex II to this Directive.(2) Of the documents referred to in item 1 of Annex II to this Directive.(3) Of the documents referred to in item 1 of Annex II to this Directive.Appendix 1>PIC FILE= "L_1999097EN.002102.EPS">>PIC FILE= "L_1999097EN.002201.EPS">Appendix 2>PIC FILE= "L_1999097EN.002302.EPS">>PIC FILE= "L_1999097EN.002401.EPS">Appendix 3EXAMPLES OF THE EC COMPONENT TYPE-APPROVAL MARKFigure 1>PIC FILE= "L_1999097EN.002502.EPS">The device bearing the EC component type-approval mark shown above is a direction indicator lamp of category 4, type approved in Germany (e1) purusant to this Directive (01) under the base approval number 1471, which may also be used in an assembly of two lamps. The arrow points towards the front of the vehicle.Direction in which the arrows on the approval mark point, according to the category of the device is shown below:>PIC FILE= "L_1999097EN.002503.EPS">Figure 2aSimplified marking of grouped, combined or reciprocally incorporated lamps when two or more lamps are part of the same assembly(The vertical and horizontal lines schematise the shape of the light-signalling device. These are not part of the approval mark)MODEL A>PIC FILE= "L_1999097EN.002601.EPS">MODEL B>PIC FILE= "L_1999097EN.002602.EPS">MODEL C>PIC FILE= "L_1999097EN.002701.EPS">Note:The three examples of approval marks, models A, B and C represent three possible variants of the marking of a lighting and light-signalling device when two or more lamps are part of the same unit of grouped, combined or reciprocally incorporated lamps. These approval marks show that the device was approved in Germany (e1) under the base approval number 1712 and comprises:A retro reflector of class IA approved in accordance with Directive 76/757/EEC, sequence No 02;A rear direction indicator of category 2a approved in accordance with Directive 76/759/EEC, sequence No 01;A red rear position lamp (R) approved in accordance with Annex II to Directive 76/758/EEC, sequence No 02;A rear fog lamp (F) approved in accordance with Directive 77/538/EEC, sequence No 00;A reversing lamp (AR) approved in accordance with Directive 77/539/EEC, sequence No 00;A stop lamp with two levels of intensity (S2) approved in accordance with Annex II to Directive 76/758/EEC, sequence No 02;A rear registration plate lamp (L) approved in accordance with Directive 76/740/EEC, sequence No 00.Figure 2bSimplified marking of grouped, combined or reciprocally incorporated lamps when two or more lamps are part of the same assembly(The vertical and horizontal lines schematise the shape of the light-signalling device. These are not part of the approval mark)MODEL A>PIC FILE= "L_1999097EN.002801.EPS">MODEL B>PIC FILE= "L_1999097EN.002802.EPS">MODEL C>PIC FILE= "L_1999097EN.002803.EPS">MODEL D>PIC FILE= "L_1999097EN.002901.EPS">Note:The four examples of approval marks, models A, B, C and D represent four possible variants of the marking of a lighting and light-signalling device when two or more lamps are part of the same unit of grouped, combined or reciprocally incorporated lamps. These approval marks show that the device was approved in Germany (e1) under the base approval number 7120 and comprises:A front position lamp (A) approved in accordance with Annex II to Directive 76/758/EEC, sequence No 02, for left-hand installation;A headlamp (HCR) with a passing beam designed for right-hand and left-hand traffic and driving beam with a maximum intensity comprised between 86250 and 101250 candelas (as indicated by the number 30) approved in accordance with Annex V to Directive 76/761/EEC, sequence No 02, and incorporating a lens of plastic material (PL);A front fog lamp (B) approved in accordance with Directive 76/762/EEC, sequence No 02, and incorporating a lens of plastic material (PL);A front direction indicator lamp of category 1a approved in accordance with Directive 76/759/EEC, sequence No 01.Figure 3Lamp reciprocally incorporated or grouped with a headlamp>PIC FILE= "L_1999097EN.003001.EPS">The above example corresponds to the marking of a lens intended to be used in different types of headlamps, namely:either:a headlamp with a passing beam designed for both traffic systems and a driving beam with a maximum luminous intensity comprised between 86250 and 101250 candelas (as indicated by the number 30) approved in Germany (e1) under the base approval number 7120 in accordance with the requirements of Annex IV to Directive 76/761/EEC, sequence No 04, which is reciprocally incorporated with a front direction indicator lamp approved in accordance with Directive 76/759/EEC, sequence No 01,ora headlamp with a passing beam and a driving beam, designed for both traffic systems and approved in Germany (e1) under the base approval number 7122 in accordance with the requirements of Annex II to Directive 76/761/EEC, sequence No 01, which is reciprocally incorporated with the same front direction indicator lamp as above,oreven either of the abovementioned headlamps approved as a single lamp.The main body of the headlamp shall bear the only valid approval number, for instance:>PIC FILE= "L_1999097EN.003002.EPS">or>PIC FILE= "L_1999097EN.003003.EPS">or>PIC FILE= "L_1999097EN.003101.EPS">or>PIC FILE= "L_1999097EN.003102.EPS">ANNEX IITECHNICAL REQUIREMENTS1. The technical requirements are those set out in paragraphs 1 and 5 to 8 and Annexes 1, 4 and 5 of UN-ECE Regulation No 6 which consists of a consolidation of the following documents:- the 01 series of amendments incorporating Supplements 1 to 5 to the 01 series of amendments and various Corrigenda thereto(1),- supplement 6 to the 01 series of amendments(2),- supplement 7 to the 01 series of amendments(3),except that:1.1. where reference is made to "Regulation No 48", this shall be understood as "Directive 76/756/EEC".1.2. where reference is made to "Regulation No 37", this shall be understood as "Annex VII to Directive 76/761/EEC".(1)>TABLE>(2)>TABLE>(3) TRANS/WP.29/518".


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31996L0041

Nineteenth Commission Directive 96/41/EC of 25 June 1996 adapting to technical progress Annexes II, III, VI and VII to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (Text with EEA relevance)

Official Journal L 198 , 08/08/1996 P. 0036 - 0039

NINETEENTH COMMISSION DIRECTIVE 96/41/EC of 25 June 1996 adapting to technical progress Annexes II, III, VI and VII to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Commission Directive 95/34/EC (2), and in particular Article 8 (2) thereof,After consultation of the Scientific Committee on Cosmetology,Whereas the available scientific data indicate that urocanic acid interferes with the immune process in the presence of ultraviolet radiation and, therefore, its use should be prohibited;Whereas calcium hydroxide in combination with a guanidine salt and lithium hydroxide used as hair straighteners, may have undesirable effects if they enter into contact with the eyes; whereas, therefore, their use should be subject to certain restrictions and conditions;Whereas, on the basis of the latest scientific and technical research, chlorphenesin, sodium hydroxymethylglycinate and silver chloride deposited on titanium dioxide may be used as preservatives in cosmetic products;Whereas, on the basis of the latest scientific and technical research, the polymer of N-{-(2 and 4)-[(2-oxoborn-3-ylidene)methyl]benzyl}acrylamide may be used as a UV filter in cosmetic products;Whereas the measures provided for in 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 Cosmetics Products Sector,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 76/768/EEC is hereby amended as shown in the Annex.Article 2 1. Member States shall take the necessary measures to ensure that as from 1 July 1997 for the substances set out in the Annex, neither manufacturers or importers established in the Community shall place on the market products which do not comply with the requirements of this Directive.2. Member States shall take the necessary measures to ensure that the products referred to in paragraph 1 containing the substances set out in the Annex shall not be sold or otherwise supplied to the final consumer after 30 June 1998.Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 June 1997. They shall forthwith inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.Article 4 This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 25 June 1996.For the CommissionEmma BONINOMember of the Commission(1) OJ No L 262, 27. 9. 1976, p. 169.(2) OJ No L 167, 18. 7. 1995, p. 19.ANNEX The Annexes to Directive 76/768/EEC are amended as follows:1. in Annex II the following reference number 418 is added:'418. 3-Imidazol-4-ylacrylic acid and its ethyl ester (urocanic acid)`;2. reference number 15 in Annex III is replaced by the following reference numbers:>TABLE>3. in Annex VI:(a) Part one:The following reference numbers are added:>TABLE>(b) Part two:Reference numbers 2 and 30 are deleted.'30. 6. 1996` is replaced by '30. 6. 1997` for reference numbers 16, 21 and 29;4. in Annex VII:(a) Part one:The following reference number is added:>TABLE>(b) Part two:Reference numbers 33 and 34 are deleted.'30. 6. 1996` is replaced by '30. 6. 1997` for reference numbers 2, 5, 6, 12, 13, 17, 25, 26, 29 and 32.


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31983L0341

Third Commission Directive 83/341/EEC of 29 June 1983 adapting to technical progress Annexes II, III and V of Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products

Official Journal L 188 , 13/07/1983 P. 0015 - 0015 Spanish special edition: Chapter 15 Volume 4 P. 0128  Portuguese special edition Chapter 15 Volume 4 P. 0128  Finnish special edition: Chapter 13 Volume 12 P. 0192  Swedish special edition: Chapter 13 Volume 12 P. 0192

*****THIRD  COMMISSION DIRECTIVE  of 29 June 1983  adapting to technical progress Annexes II, III and V of Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products  (83/341/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Directive 83/191/EEC (2), and in particular Article 8 (2) thereof,  Whereas, to protect health, the use of certain substances as hair-dyes should be prohibited;  Whereas p-diaminobenzene should be transferred from Annex V to Annex III;  Whereas the measures taken in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress of Directives for the Removal of Technical Barriers to Trade in Cosmetic Products,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 76/768/EEC is hereby amended as follows:  1. The following are added to the list in Annex II:  '363. o-phenylenediamine and its salts  364. 4-methyl-m-phenylenediamine and its salts'.  2. In Annex III, part 1, column b, the text of reference No 8 is replaced by:  'm- and p-phenylenediamines, their N-substituted derivatives and their salts; N-substituted derivatives of o-phenylenediamines (1)'.  3. In Annex III, part 1, column b, the text of reference No 9 is replaced by:  'Methylphenylenediamines, their N-substituted derivatives and their salts (1) with the exception of substance No 364 in Annex II'.  4. The following entry is deleted from Annex V:  '4. p-phenylenediamine and its salts.'  Article 2  The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the Directive no later than 31 December 1984. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 29 June 1983.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (1) OJ No L 262, 27. 9. 1976, p. 169.  (2) OJ No L 109, 26. 4. 1983, p. 25.