Avis juridique important

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31998L0004

Directive 98/4/EC of the European Parliament and of the Council of 16 February 1998 amending Directive 93/38/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors

Official Journal L 101 , 01/04/1998 P. 0001 - 0016

DIRECTIVE 98/4/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 February 1998 amending Directive 93/38/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Articles 57(2), 66 and 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 26 November 1997,(1) Whereas the Council, by its Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (4), approved on behalf of the Community, inter alia, the Agreement on Government Procurement, hereinafter referred to as 'the Agreement`, the purpose of which is to establish a multilateral framework of balanced rights and obligations with respect to government procurement with a view to achieving liberalisation and expansion of world trade; whereas the Agreement has no direct effect;(2) Whereas Directive 93/38/EEC (5) coordinated the national procedures relating to the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, in order to introduce equal conditions of competition for such contracts in all the Member States;(3) Whereas the contracting entities covered by the Agreement which comply with Directive 93/38/EEC, as amended by this Directive, and which apply the same provisions as regards contractors, suppliers and providers of services of third countries signatory to the Agreement are therefore in conformity with the Agreement;(4) Whereas, in view of the international rights and commitments devolving on the Community as a result of the acceptance of the Agreement, the arrangements to be applied to tenderers and products from signatory third countries are those defined by the Agreement, the scope of which does not include contracts awarded by contracting entities referred to in Article 2(1)(b) of Directive 93/38/EEC, contracts awarded by contracting entities carrying out activities referred to in Annexes III, IV, V, VI and X of that Directive, service contracts listed in Annex XVI B thereto, R& D service contracts mentioned in Category 8 of Annex XVI A thereto, telecommunications service contracts mentioned in Category 5 of Annex XVI A thereto, whose Common Products Classification (CPC) numbers are 7524, 7525 and 7526 and financial service contracts mentioned in Category 6 of Annex XVI A thereto, in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services;(5) Whereas certain provisions of the Agreement introduce more favourable conditions for tenderers than those laid down in Directive 93/38/EEC;(6) Whereas, when contracts are awarded by contracting entities within the meaning of the Agreement, the opportunities for access to public service, public supply and public works contracts available under the Treaty to undertakings and products from the Member States must be at least as favourable as the conditions of access to public contracts within the Community accorded under the arrangements contained in the Agreement to undertakings and products from third countries which are signatories to the Agreement;(7) Whereas it is therefore necessary to adapt and supplement the provisions of Directive 93/38/EEC;(8) Whereas the need to ensure a real opening-up of the market and a fair balance in the application of procurement rules in these sectors continues to require that the entities to be covered must be identified on a basis other than by reference to their legal status;(9) Whereas the amendments made to Directive 93/38/EEC should not prejudice the equal treatment of contracting entities operating in the public sector and in the private sector;(10) Whereas it must be ensured, in keeping with Article 222 of the Treaty, that the rules in Member States governing the system of property ownership are not to be prejudiced;(11) Whereas the application of Directive 93/38/EEC must be simplified and the balance which has been reached in the current Community legislation in the field of public procurement in these sectors must be maintained as far as possible;(12) Whereas it is therefore necessary to extend the applicability of certain of the adaptations of Directive 93/38/EEC to all the contracting entities and sectors covered by this Directive;(13) Whereas contracting entities may seek or accept advice which may be used in the preparation of specifications for a specific procurement, provided that such advice does not have the effect of precluding competition;(14) Whereas the Commission shall make available to small and medium-sized undertakings the training and information materials they need to enable them to participate fully in the changed procurement market;(15) Whereas the opening-up of contracts in the sectors covered by this Directive might have adverse effects upon the economies of the Hellenic Republic and the Portuguese Republic, which will have to endure considerable strain; whereas it is appropriate that these member States be granted adequate additional periods to implement this Directive,HAVE ADOPTED THIS DIRECTIVE:Article 1Without prejudice to the international rights and commitments devolving on the Community as a result of the acceptance of the Agreement, which defines the arrangements to be applied to tenderers and products from third countries which are signatories to the Agreement, the current scope of which does not include contracts awarded by contracting entities referred to in Article 2(1)(b) of Directive 93/38/EEC, contracts awarded by contracting entities carrying out activities referred to in Annexes III, IV, V, VI and X of that Directive, service contracts listed in Annex XVI B thereto, development service contracts mentioned in Category 8 of Annex XVI A thereto, telecommunications service contracts mentioned in Category 5 of Annex XVI A thereto, whose Common Product Classification (CPC) numbers are 7524, 7525 and 7526, and financial service contracts mentioned in Category 6 of Annex XVI A thereto in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services, Directive 93/38/EEC is hereby amended as follows:1. in Article 14(a) paragraph 1 shall be replaced by the following:'1. This Directive shall apply to:(a) contracts awarded by contracting entities carrying out activities referred to in Annex X (1), provided that the estimated value, net of value added tax (VAT), is not less than:(i) ECU 600 000 in the case of supply and service contracts;(ii) ECU 5 000 000 in the case of works contracts;(b) contracts awarded by contracting entities carrying out activities referred to in Annexes I, II, VII, VIII and IX (2), provided that the estimated value, net of VAT, is not less than:(i) the equivalent in ECU of 400 000 special drawing rights (SDR) for supply contracts and for the service contracts listed in Annex XVI A, except for the R& D services mentioned in Category 8 and Category 5 telecommunications services, the CPC reference numbers of which are 7524, 7525 and 7526;(ii) ECU 400 000 in the case of service contracts other than those mentioned in (i);(iii) the equivalent in ECU of 5 000 000 SDR for works contracts;(c) contracts awarded by contracting entities carrying out activities referred to in Annexes III, IV, V, and VI (3), provided that the estimated value, net of VAT, is not less than:(i) ECU 400 000 in the case of supply and service contracts;(ii) ECU 5 000 000 in the case of works contracts.(1) >TABLE>(2) >TABLE>(3) >TABLE>`;(b) the following paragraphs shall be added:'14. The value in national currencies of the thresholds laid down specified in paragraph 1 shall, in principle, be revised every two years with effect from 1 January 1996. The calculation of such value shall be based on the average daily values of those currencies expressed in ecus over the 24 months terminating on the last day of August preceding the revision with effect from 1 January. These values shall be published in the Official Journal of the European Communities at the beginning of November.15. The values of the thresholds of the Agreement on Government Procurement, concluded in the framework of the Uruguay Round multilateral negotiations (*), hereinafter referred to as the "Agreement", expressed in ecus shall in principle be revised every two years with effect from 1 January 1996. The calculation of these values shall be based on the average daily value of the ecu expressed in SDR over the 24 months terminating on the last day of August preceding the 1 January revision. These values shall be published as provided for in paragraph 14.16. The methods of calculation laid down in paragraphs 14 and 15 shall be examined pursuant to the second subparagraph of Article 5(1)(c) of Directive 93/36/EEC.(*) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ No L 336, 23.12.1994, p. 1).`;2. Article 21(2)(c) shall be replaced by the following:'(c) contracting entities shall subsequently invite all candidates to confirm their interest on the basis of detailed information on the contract concerned before beginning the selection of tenderers or participants in negotiations. The information must include at least the following:(i) the nature and quantity, including any options for further procurement and, if possible, an estimate of the timing when such options may be exercised; in the case of recurring contracts the nature and quantity and, if possible, an estimate of the timing of the subsequent calls for competition for the works, supplies or services to be procured;(ii) whether the procedure is restricted or negotiated;(iii) any date for starting or completing the delivery of supplies or for performing works or services;(iv) the address and final date for submitting an application to be invited to tender, as well as the language or languages in which it must be submitted;(v) the address of the entity awarding the contract and providing any information necessary for obtaining specifications and other documents;(vi) any economic and technical requirements, financial guarantees and information required from suppliers, undertakings or providers of services;(vii) the amount and terms of payment of any sum payable for the documentation relating to the procurement procedure; and(viii) whether the entity is inviting offers for purchase, lease, rental or hire purchase, or more than one of these methods.`;3. Article 22(1)(b) shall be replaced by the following:'(b) in the case of works contracts, the essential characteristics of the works contracts which the contracting entities intend to award, the estimated value of which is not less than:- the threshold laid down in Article 14(1)(a)(ii) as regards contracts intended to be awarded by entities carrying out an activity referred to in Annex X,- the threshold laid down in Article 14(1)(b)(iii) as regards contracts intended to be awarded by entities carrying out an activity referred to in Annexes I, II, VII, VIII and IX, or- the threshold laid down in Article 14(1)(c)(ii) as regards contracts intended to be awarded by entities carrying out an activity referred to in Annexes III, IV, V and VI.`;4. Article 23(1) and (2) shall be replaced by the following:'1. This Article shall apply to design contests organized as part of a procedure leading to the award of a service contract whose estimated value net of VAT for which is not less than:- the threshold laid down in Article 14(1)(a)(i) as regards contracts intended to be awarded by entities carrying out an activity referred to in Annex X,- the threshold laid down in Article 14(1)(b)(i) or (ii) as regards contracts intended to be awarded by entities carrying out an activity referred to in Annexes I, II, VII, VIII and IX, or- the threshold laid down in Article 14(1)(c)(i) as regards contracts intended to be awarded by entities carrying out an activity referred to in Annexes III, IV, V and VI.2. This Article shall apply to all design competitions where the total amount of competition prizes and payments to participants is not less than:- the threshold laid down in Article 14(1)(a)(i) as regards contracts intended to be awarded by entities carrying out an activity referred to in Annex X,- the threshold laid down in Article 14(1)(b)(i) or (ii) as regards contracts intended to be awarded by entities carrying out an activity referred to in Annexes I, II, VII, VIII and IX, or- the threshold laid down in Article 14(1)(c)(i) as regards contracts intended to be awarded by entities carrying out an activity referred to in Annexes III, IV, V, and VI.`;5. Article 24(2) shall be replaced by the following:'2. Information provided under Section I of Annex XV or under Annex XVIII shall be published in the Official Journal of the European Communities. In this connection the Commission shall respect any sensitive commercial aspects which the contracting entities may point out when forwarding this information in connection with points 6, 9 and 11 of Annex XV.`;6. Article 26 shall be replaced by the following:'Article 261. In open procedures the time limit for the receipt of tenders shall be fixed by contracting entities at not less than 52 days from the date of dispatch of the notice. This time limit may be replaced by one which is sufficiently long to allow those concerned to submit valid tenders and which, as a general rule, shall not be less than 36 days and in any case not less than 22 days from the date on which the contract notice was dispatched, if the contracting entities have sent the Official Journal of the European Communities a periodic indicative notice in accordance with Article 22(1), provided that this notice contains the information required in Parts II and III of Annex XIV, insofar as that information is available at the time of publication of the notice referred to in Article 22(1).This periodic indicative notice must furthermore have been dispatched to the Official Journal of the European Communities within a minimum of 52 days and a maximum of 12 months before the date on which the contract notice provided for in Article 21(1)(a) is dispatched to the Official Journal of the European Communities.2. In restricted procedures and in negotiated procedures with a prior call for competition, the following shall apply:(a) the time limit for receipt of requests to participate, in response to a notice published in accordance with Article 21(1)(a) or in response to an invitation from a contracting entity in accordance with Article 21(2)(c), shall, as a general rule, be at least 37 days from the date of dispatch of the notice or invitation and shall in any case not be less than the time limit for publication laid down in Article 25(3), plus 10 days;(b) the time limit for receipt of tenders may be fixed by mutual agreement between the contracting entity and the selected candidates, provided that all tenderers are given equal time to prepare and submit tenders;(c) where it is not possible to reach agreement on the time limit for the receipt of tenders, the contracting entity shall fix a time limit which shall, as a general rule, be at least 24 days and shall in any case not be less than 10 days from the date of the invitation to tender; the time allowed shall be sufficiently long to take account in particular of the factors mentioned in Article 28(3).`;7. in Article 28:(a) paragraph 5 shall be replaced by the following:'5. Requests for participation in contracts and invitations to tender must be made by the most rapid means of communication possible. When requests to participate are made by telegram, telex, fax, telephone or any other electronic means, Member States may require them to be confirmed by letter dispatched before the expiry of the time limit referred to in Article 26(2).`;(b) the following paragraph shall be added:'6. Tenders shall be submitted in writing, directly or by mail. Member States may authorise the submission of tenders by any other means making it possible to ensure:- that each tender contains all the information necessary for its evaluation,- that the confidentiality of tenders is maintained pending their evaluation,- that, where necessary for reasons of legal proof, such tenders are confirmed as soon as possible in writing or by dispatch of a certified copy,- that tenders are opened after the time-limit for their submission has expired.`;8. Article 30(1) shall be replaced by the following:'1. Contracting entities which so wish may establish and operate a system of qualification of suppliers, contractors or service providers.Entities establishing or operating a qualification system shall ensure that suppliers, contractors and service providers may apply for qualification at any time.`;9. Article 35(1) shall be replaced by the following:'1. Article 34(1) shall not apply where a Member State bases the award of contracts on other criteria, within the framework of rules in force at the time of adoption of this Directive, which are intended to give preference to certain tenderers, provided that the rules invoked are compatible with the Treaty.`;10. Article 38 shall be repealed;11. Article 41 shall be replaced by the following:'Article 411. Contracting entities shall keep appropriate information on each contract which shall be sufficient to permit them at a later date to justify decisions taken in connection with:(a) the qualification and selection of contractors, suppliers or service providers and award of contracts;(b) recourse to derogations from the use of European specifications in accordance with Article 18(6);(c) use of procedures without prior call for competition in accordance with Article 20(2);(d) non-application of Titles II, III and IV in accordance with the derogations provided for in Title I.2. The information shall be kept for at least four years from the date of award of the contract so that the contracting entity will be able, during that period, to supply the necessary information to the Commission if the latter so requests.3. Entities carrying out one of the activities mentioned in Annexes I, II, VII, VIII and IX shall inform participating suppliers, contractors or service providers of decisions on contract awards promptly and, upon request, in writing.4. The contracting entities carrying out one of the activities mentioned in Annexes I, II, VII, VIII and IX shall, promptly after the date on which a written request is received, inform any eliminated candidate or tenderer of the reasons for rejection of his application or his tender and any tenderer who has made an admissible tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer.However, contracting entities may decide that certain information on the contract award, referred to in the first subparagraph of this paragraph, be withheld where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private, including those of the enterprise to which the contract has been awarded, or might prejudice fair competition between suppliers, contractors or service providers.`;12. the following paragraphs shall be inserted in Article 42:'1a. With respect to the activities to which Annexes I, II, VII, VIII and IX refer, Member States shall, in accordance with the arrangements to be laid down under the procedure provided for in Article 40(4) to (8), ensure that, by 31 October 1997 at the latest for the preceding year and thereafter by 31 October of every year, the Commission receives a statistical report on the contracts awarded. This report shall contain the information necessary to verify the proper application of the Agreement.The information required under this paragraph shall not include information concerning contracts for the services listed in category 8 of Annex XVI A, telecommunications services listed in category 5, the CPC reference numbers of which are 7524, 7525 and 7526, or the services listed in Annex XVI.B.`;13. the following Article shall be inserted:'Article 42aFor the purposes of the award of contracts by the contracting entities, Member States shall apply in their relations conditions as favourable as those which they grant to third countries in implementation of the Agreement. The Member States shall to this end consult each other within the Advisory Committee for Public Contracts on the measures to be taken pursuant to the Agreement.`;14. Annexes XII, XIII, XIV and XV shall be replaced by the corresponding texts appearing in Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 16 February 1999. They shall forthwith inform the Commission thereof.2. However, the Hellenic Republic and the Portuguese Republic may provide that the provisions referred to in paragraph 1 shall apply not later than 16 February 2000.3. When Member States adopt the provisions referred to in paragraph 1, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.4. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive together with a correlation table between this Directive and the national measures adopted.Article 3This Directive is addressed to the Member States.Done at Brussels, 16 February 1998.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentJ. CUNNINGHAM(1) OJ C 138, 3.6.1995, p. 49 and OJ C 28, 29.1.1997, p. 4.(2) OJ C 256, 2.10.1995, p. 4 and OJ C 212, 22.7.1996, p. 13.(3) Opinion of the European Parliament of 22 October 1996 (OJ C 347, 18.11.1996, p. 25), Council Common Position of 20 December 1996 (OJ C 111, 9.4.1997, p. 65) and Decision of the European Parliament of 14 May 1997 (OJ C 167, 2.6.1997, p. 53). Decision of the European Parliament of 16 December 1997 and Decision of the Council of 15 December 1997.(4) OJ L 336, 23.12.1994, p. 1.(5) OJ L 199, 9.8.1993, p. 84. Directive as last amended by the 1994 Act of Accession.ANNEX 'ANNEX XIIA. OPEN PROCEDURES1. Name, address, telegraphic address, telephone number, telex and fax number of the contracting entity.2. Nature of the contract (supplies, works or services; where appropriate, state if it is a framework agreement).Category of service within the meaning of Annex XVI A or XVI B and description (CPC classification).Where appropriate, state whether tenders are requested for purchase, lease, rental or hire purchase or any combination of these.3. Place of delivery, site or place of performance of service.4. For supplies and works:(a) nature and quantity of the goods to be supplied, including any options for further procurement and, if possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the goods to be procured or the nature and extent of the services to be provided and general nature of the work;(b) indication of whether suppliers can tender for some and/or all of the goods required. If, for works contracts, the work or the contract is subdivided into several lots, the order of magnitude of the different lots and the possibility of tendering for one, for several or for all of the lots;(c) for works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing-up of projects.5. For services:(a) nature and quantity of the services to be supplied, including any options for further procurement and, if possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the services to be procured;(b) indication whether the execution of the service is by law, regulation, or administrative provision reserved to a particular profession;(c) reference of the law, regulation or administrative provision;(d) indication whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the services;(e) indication whether suppliers can tender for a part of the services concerned.6. Authorisation to submit variants.7. Derogation from the use of European specifications, in accordance with Article 18(6).8. Time limits for delivery or completion or duration of service contract and, as far as possible, the starting date.9. (a) Address from which the contract documents and additional documents may be requested.(b) Where appropriate, the amount and terms of payment of the sum to be paid to obtain such documents.10. (a) Final date for receipt of tenders.(b) Address to which they must be sent.(c) Language or languages in which they must be drawn up.11. (a) Where appropriate, the persons authorised to be present at the opening of tenders.(b) Date, time and place of such opening.12. Where appropriate, any deposits and guarantees required.13. Main terms concerning financing and payment and/or references to the relevant provisions.14. Where appropriate, the legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is awarded.15. Minimum economic and technical conditions required of the supplier, contractor or provider to whom the contract is awarded.16. Period during which the tenderer is bound to keep open his tender.17. Criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned where they do not appear in the contract documents.18. Other information.19. Where appropriate, the reference to publication of the periodic information notice in the Official Journal of the European Communities to which the contract refers.20. Date of dispatch of the notice by the contracting entity.21. Date of receipt of the notice by the Office for Official Publications of the European Communities (to be supplied by that Office).B. RESTRICTED PROCEDURES1. Name, address, telegraphic address, telephone number, telex and fax number of the contracting entity.2. Nature of the contract (supplies, works or services; where appropriate, state if it is a framework agreement).Category of service within the meaning of Annex XVI A or XVI B and description (CPC classification).Where appropriate, state whether tenders are requested for purchase, lease, rental or hire purchase or any combination of these.3. Place of delivery, site or place of performance of service.4. For supplies and works:(a) nature and quantity of the goods to be supplied, including any options for further procurement and, if possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the goods to be procured or the nature and extent of the services to be provided and general nature of the work.(b) indication of whether suppliers can tender for some and/or all of the goods required.If, for works contracts, the work or the contract is subdivided into several lots, the order of magnitude of the different lots and possibility of tendering for one, for several or for all of the lots;(c) for works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing-up of projects.5. For services:(a) nature and quantity of the services to be supplied, including any options for further procurement and, if possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the services to be procured;(b) indication whether the execution of the service is by law, regulation, or administrative provision reserved to a particular profession;(c) reference of the law, regulation or administrative provision;(d) indication whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the services;(e) indication whether suppliers can tender for a part of the services concerned.6. Authorisation to submit variants.7. Derogation from the use of European specifications, in accordance with Article 18(6).8. Time limits for delivery or completion or duration of service contract and, as far as possible, for starting.9. Where appropriate, the legal form to be taken by the grouping of suppliers, contractors or providers to whom the contract is awarded.10. (a) Final date for receipt of requests to participate.(b) Address to which they must be sent.(c) Language or languages in which they must be drawn up.11. Final date for dispatch of invitations to tender.12. Where appropriate, any deposits and guarantees required.13. Main terms concerning financing and payment and/or references to the texts in which these are contained.14. Information concerning the supplier's, contractor's or provider's position and minimum economic and technical conditions required of him.15. Criteria for the award of the contract where they are not mentioned in the invitation to tender.16. Other information.17. Where appropriate, the reference to publication of the periodic information notice in the Official Journal of the European Communities to which the contract refers.18. Date of dispatch of the notice by the contracting entities.19. Date of receipt of the notice by the Office for Official Publications of the European Communities (to be supplied by that Office).C. NEGOTIATED PROCEDURES1. Name, address, telegraphic address, telephone number, telex and fax number of the contracting entity.2. Nature of the contract (supplies, works or services; where appropriate, state if it is a framework agreement).Category of service within the meaning of Annex XVI A or XVI B and description (CPC classification).Where appropriate, state whether tenders are requested for purchase, lease, rental or hire purchase or any combination of these.3. Place of delivery, site or place of performance of service.4. For supplies and works:(a) nature and quantity of the goods to be supplied, including any options for further procurement and, if possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the goods to be procured or the nature and extent of the services to be provided and general nature of the work.(b) Indication of whether suppliers can tender for some and/or all of the goods required.If, for works contracts, the work or the contract is subdivided into several lots, the order of size of the different lots and the possibility of tendering for one, for several or for all of the lots.(c) For works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing-up of projects.5. For services:(a) nature and quantity of the services to be supplied, including any options for further procurement and, if possible, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the services to be procured.(b) indication whether the execution of the service is by law, regulation, or administrative provision reserved to a particular profession,(c) reference of the law, regulation or administrative provision,(d) indication whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the services,(e) indication whether suppliers can tender for a part of the services concerned.6. Authorisation to submit variants.7. Derogation from the use of European specifications, in accordance with Article 18(6).8. Time limits for delivery or completion or duration of service contract and, as far as possible, for starting.9. Where appropriate, the legal form to be taken by the grouping of suppliers, contractors or providers to whom the contract is awarded.10. (a) Final date for receipt of requests to participate.(b) Address to which they must be sent.(c) Language or languages in which they must be drawn up.11. Where appropriate, any deposits and guarantees required.12. Main terms concerning financing and payment and/or references to the texts in which these are contained.13. Information concerning the supplier's, contractor's or service provider's position and minimum economic and technical conditions required of him.14. Criteria for the award of the contract where they are not mentioned in the invitation to tender or the contract documents.15. Where appropriate, the names and addresses of suppliers, contractors or service providers already selected by the contracting entity.16. Where applicable, date(s) of previous publications in the Official Journal of the European Communities.17. Other information.18. Where appropriate, the reference to publication of the periodic information notice in the Official Journal of the European Communities to which the contract refers.19. Date of dispatch of the notice by the contracting entity.20. Date of receipt of the notice by the Office for Official Publications of the European Communities (to be supplied by that Office).ANNEX XIIINOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM1. Name, address, telegraphic address, telephone number, telex and fax number of the contracting entity.2. Purpose of the qualification system (description of the goods, services or works or categories thereof to be procured through the system).3. Conditions to be fulfilled by suppliers, contractors and service providers in view of their qualification pursuant to the system and the methods according to which each of those conditions will be verified. Where the description of such conditions and verification methods is voluminous and based on documents available to interested suppliers, contractors and service providers, a summary of the main conditions and methods and a reference to those documents shall be sufficient.4. Period of validity of the qualification system and the formalities for its renewal.5. Reference to the fact that the notice acts as the call for competition.6. Address where further information and documentation concerning the qualification system can be obtained (if different from the address mentioned under 1).7. Any other relevant information.ANNEX XIVPERIODIC INFORMATION NOTICEI. HEADINGS TO BE COMPLETED IN ANY CASE1. Name, address, telegraphic address, telephone number, telex and fax number of the contracting entity or the service from which additional information may be obtained.2. (a) For supply contracts: nature and quantity or value of the services or products to be supplied.(b) For works contracts: nature and extent of the services to be provided, the general characteristics of the work or of the lots by reference to the work.(c) For service contracts: intended total procurement in each of the service categories listed in Annex XVI A.3. Date of dispatch of the notice by the contracting entity.4. Date of receipt of the notice by the Office for Official Publications of the European Communities (to be supplied by that Office).5. Any other relevant information.II. INFORMATION WHICH MUST BE SUPPLIED WHERE THE NOTICE IS USED AS A MEANS OF CALLING FOR COMPETITION OR PERMITS REDUCTION OF THE DEADLINES FOR THE RECEIPT OF CANDIDATURES OR TENDERS6. A reference to the fact that interested suppliers must advise the entity of their interest in the contract or contracts.7. Deadline for the receipt of applications for an invitation to tender.III. INFORMATION TO BE SUPPLIED, IN SO FAR AS SUCH INFORMATION IS AVAILABLE, WHERE THE NOTICE IS USED AS A MEANS OF CALLING FOR COMPETITION OR PERMITS REDUCTION OF THE DEADLINES FOR THE RECEIPT OF CANDIDATURES OR TENDERS8. Nature and quantity of the goods to be supplied or general nature of the work or category of service within the meaning of Annex XVI A and description (CPC classification), stating if framework agreement(s) are envisaged, including any options for further procurement and an estimate of the timing when such options may be exercised. In the case of recurring contracts, also, an estimate of the timing of the subsequent calls for competition.9. State whether tenders are requested for purchase, lease, rental or hire-purchase or any combination of these.10. Time limits for delivery or completion or duration of service contract and, as far as possible, for starting.11. Address to which interested undertakings should send their expressions of interest in writing.Final date for receipt of expressions of interest.Language or languages authorised for the presentation of candidatures or tenders.12. Economic and technical conditions, and financial and technical guarantees required of suppliers.13. (a) Provisional date, if known, for commencing the procedures for awarding the contract or contracts.(b) Type of award procedure (restricted or negotiated).(c) The amount of and payment details for any sum to be paid to obtain documents concerning the consultation.ANNEX XVNOTICE ON CONTRACTS AWARDEDI. INFORMATION FOR PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES (1)1. Name and address of the contracting entity.2. Nature of the contract (supplies, works or services; where appropriate state if it is a framework agreement).3. At least a summary indication of the nature and quantity of the products, works or services provided.4. (a) Form of the call for competition (notice on the existence of a qualification procedure; periodic information notice; call for tenders).(b) Reference of publication of the notice in the Official Journal of the European Communities.(c) In the case of contracts awarded without a prior call for competition, indication of the relevant provision of Article 20(2), or Article 16.5. Award procedure (open, restricted or negotiated).6. Number of tenders received.7. Date of award of the contract.8. Price paid for bargain purchases pursuant to Article 20(2)(j).9. Name and address of supplier(s), contractor(s) or service provider(s).10. State, where appropriate, whether the contract has been, or may be, subcontracted.11. Price paid or the prices of the highest and lowest offers taken into account in the award of the contract.12. Optional information:- value and share of the contract which may be subcontracted to third parties,- award criteria.II. INFORMATION NOT INTENDED FOR PUBLICATION13. Number of contracts awarded (where an award has been split between more than one supplier).14. Value of each contract awarded.15. Country of origin of the product or service (Community origin or non-Community origin; if the latter, broken down by third country).16. Was recourse made to the exceptions to the use of European specifications provided for under Article 18(6). If so, which?17. Which award criteria were used (most economically advantageous; lowest price; criteria permitted pursuant to Article 35)?18. Was the contract awarded to a bidder who submitted a variant, in accordance with Article 34(3)?19. Were any tenders excluded on the grounds that they were abnormally low, in accordance with Article 34(5)?20. Date of transmission of the notice by the contracting entity.21. In the case of contracts for services listed in Annex XVI B, agreement by the contracting entity to publication of the notice (Article 24(3)).(1) Information in headings 6, 9 and 11 is deemed information not intended for publication where the awarding entity considers that publication thereof might be detrimental to a sensitive commercial interest.`Declaration by the European Parliament, the Council and the Commission The European Parliament, the Council and the Commission point out that the obligation to communicate the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer, in accordance with the first subparagraph of Article 41(4), must not harm the legitimate commercial interests of public or private enterprises, in particular through the release of sensitive commercial or technical information.They also point out that, pursuant to Article 4(4) of Council Directive 93/38/EEC, suppliers, contractors or service providers, including the awardee of the contract, may require a contracting entity, in conformity with national law, to respect the confidential nature of information which they make available.Commission declaration The Commission declares that, while continuing to ensure that the principle of equal treatment of public and private entities is observed, it will limit its request for statistics pursuant to Article 42(2) to the strict minimum necessary to meet the international obligations ensuing from the GPA in order to reduce the burdens incumbent on contracting entities.During the ongoing review of the GPA, the Commission also intends to seek a simplification of the statistical requirements at international level. If successful, the Commission will take the necessary steps to ensure that this is taken into account in the internal statistical requirements.


Avis juridique important

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31981L0006

Council Directive 81/6/EEC of 1 January 1981 authorizing the Hellenic Republic to communicate and to implement its national plans for the accelerated eradication of brucellosis and tuberculosis in cattle

Official Journal L 014 , 16/01/1981 P. 0022 - 0022

COUNCIL DIRECTIVE of 1 January 1981 authorizing the Hellenic Republic to communicate and to implement its national plans for the accelerated eradication of brucellosis and tuberculosis in cattle (81/6/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the 1979 Act of Accession, and in particular Article 146 thereof,  Having regard to the proposal from the Commission,  Whereas Articles 2 and 3 of Council Directive 77/391/EEC of 17 May 1977 introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle (1) provide that Member States in which the cattle population is infected by brucellosis or tuberculosis shall draw up plans for accelerating the eradication of those diseases ; whereas, under Article 9 (1) of the abovementioned Directive, such plans should be forwarded by the Member States to the Commission prior to their implementation, and not later than 31 March 1978, and annually thereafter;  Whereas Annex II to the 1979 Act of Accession provides that one or more measures should be provided for in order to ensure the participation of Greece for the remainder of the common measures;  Whereas, under Article 29 (3) of Directive 78/52/EEC (2), Community financing is restricted to slaughterings carried out before 1 January 1982 ; whereas, however, under Article 29 (4), where the implementation of the plan on the date laid down would meet with considerable difficulties in a Member State, this period may be extended by the Council in favour of such Member State for a maximum of one year ; whereas provision is also to be made for a derogation along these lines for Greece;  Whereas the national eradication plans should be applied for a sufficient length of time to ensure that they are fully effective and achieve their aim,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Notwithstanding Article 9 (1) of Directive 77/391/EEC, the Hellenic Republic shall forward to the Commission the plans provided for in Articles 2 and 3 of Directive 77/391/EEC prior to their implementation and not later than 31 March 1981.   Article 2 1. Notwithstanding Article 29 (2) of Directive 78/52/EEC, the Hellenic Republic shall bring into force the laws, regulations and administrative provisions necessary for the implementation of its national plans for accelerated eradication, approved in accordance with Article 9 (2) of Directive 77/391/EEC, on the date laid down by the Commission in its Decision approving the plans and not later than 31 December 1981.  2. Notwithstanding Article 29 (3) of Directive 78/52/EEC, Community financing shall be restricted to slaughterings carried out before 1 January 1983.   Article 3 This Directive is addressed to the Hellenic Republic.     Done at Brussels, 1 January 1981.  For the Council  The President  D.F. VAN DER MEI   (1) OJ No L 145, 13.6.1977, p. 44.  (2) OJ No L 15, 19.1.1978, p. 34.


title: Council Directive 2013/23/EU of 13 May 2013 adapting certain directives in the field of financial services, by reason of the accession of the Republic of Croatia

text:
               10.6.2013

               EN

               Official Journal of the European Union

               L 158/362

         COUNCIL DIRECTIVE 2013/23/EU
   of 13 May 2013
   adapting certain directives in the field of financial services, by reason of the accession of the Republic of Croatia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty of Accession of Croatia, and in particular Article 3(4) thereof,
   Having regard to the Act of Accession of Croatia, and in particular Article 50 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Pursuant to Article 50 of the Act of Accession of Croatia, where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in that Act of Accession or in the Annexes thereto, the Council, acting by qualified majority on a proposal from the Commission, shall, to this end, adopt the necessary acts, if the original act was not adopted by the Commission.

               (2)

               The Final Act of the Conference which drew up and adopted the Treaty of Accession of Croatia indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt those adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

               (3)

               Directives 73/239/EEC (1), 2002/83/EC (2), 2005/68/EC (3) and 2009/138/EC (4) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directives 73/239/EEC, 2002/83/EC, 2005/68/EC and 2009/138/EC are amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by the date of accession of Croatia to the Union at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from the date of accession of Croatia to the Union.
   When Member States adopt those 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 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 subject to and as from the date of the entry into force of the Treaty of Accession of Croatia.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 13 May 2013.

            For the Council

            The President

         S. COVENEY

      (1)  First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ L 228, 16.8.1973, p. 3).

      (2)  Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance (OJ L 345, 19.12.2002, p. 1).

      (3)  Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance (OJ L 323, 9.12.2005, p. 1).

      (4)  Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

      ANNEX

                  1.

                  In Article 8(1)(a) of Directive 73/239/EEC, the following is added:

                              ‘—

                              in the case of the Republic of Croatia: “dioničko društvo”, “društvo za uzajamno osiguranje”;’.

                  2.

                  Directive 2002/83/EC is amended as follows:

                              (a)

                              in Article 6(1)(a), the following is inserted after the entry for the French Republic:

                                          ‘—

                                          in the case of the Republic of Croatia: “dioničko društvo”, “društvo za uzajamno osiguranje”,’;

                              (b)

                              in Article 18(3), the following is inserted after the fifth indent:

                                          ‘—

                                          1 July 2013 for undertakings authorised in Croatia, and’.

                  3.

                  In Annex I to Directive 2005/68/EC the following is inserted after the entry for the French Republic:

                              ‘—

                              in the case of the Republic of Croatia: “dioničko društvo”;’.

                  4.

                  Directive 2009/138/EC is amended as follows:

                              (a)

                              in the first subparagraph of Article 73(5), the following point is inserted:

                                          ‘(ea)

                                          1 July 2013 for undertakings authorised in Croatia;’;

                              (b)

                              Annex III is amended as follows:

                                          (i)

                                          in Part A, the following point is inserted:

                                                      ‘(10a)

                                                      in the case of the Republic of Croatia: “dioničko društvo”, “društvo za uzajamno osiguranje”;’;

                                          (ii)

                                          in Part B, the following point is inserted:

                                                      ‘(10a)

                                                      in the case of the Republic of Croatia: “dioničko društvo”, “društvo za uzajamno osiguranje”;’;

                                          (iii)

                                          in Part C, the following point is inserted:

                                                      ‘(10a)

                                                      in the case of the Republic of Croatia: “dioničko društvo”;’.


title: Commission Directive 2011/32/EU of 8 March 2011 amending Council Directive 91/414/EEC to include isoxaben as active substance and amending Commission Decision 2008/934/EC  Text with EEA relevance

text:
               9.3.2011

               EN

               Official Journal of the European Union

               L 62/19

         COMMISSION DIRECTIVE 2011/32/EU
   of 8 March 2011
   amending Council Directive 91/414/EEC to include isoxaben as active substance and amending Commission Decision 2008/934/EC
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list included isoxaben.

               (2)

               In accordance with Article 11e of Regulation (EC) No 1490/2002 the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from receipt of the draft assessment report. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (4) was adopted on the non-inclusion of isoxaben.

               (3)

               Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (5).

               (4)

               The application was submitted to Sweden, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

               (5)

               Sweden evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 20 November 2009. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on isoxaben to the Commission on 27 August 2010 (6). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 28 January 2011 in the format of the Commission review report for isoxaben.

               (6)

               It has appeared from the various examinations made that plant protection products containing isoxaben may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which have been examined and detailed in the Commission review report. It is therefore appropriate to include isoxaben in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.

               (7)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the applicant submit confirmatory information as regards the specification of the technical material, as commercially manufactured, the relevance of the impurities, the residues in rotational crops and the potential risk to aquatic organisms.

               (8)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

               (9)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of 6 months after inclusion to review existing authorisations of plant protection products containing isoxaben to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (10)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (7) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (11)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (12)

               Decision 2008/934/EC provides for the non-inclusion of isoxaben and the withdrawal of authorisations for plant protection products containing that substance by 31 December 2011. It is necessary to delete the line concerning isoxaben in the Annex to that Decision.

               (13)

               It is therefore appropriate to amend Decision 2008/934/EC accordingly.

               (14)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   The line concerning isoxaben in the Annex to Decision 2008/934/EC is deleted.
   Article 3
   Member States shall adopt and publish by 30 November 2011 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 December 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 4
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing isoxaben as an active substance by 30 November 2011.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to isoxaben are met, with the exception of those identified in Part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing isoxaben as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account Part B of the entry in Annex I to that Directive concerning isoxaben. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing isoxaben as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or

               (b)

               in the case of a product containing isoxaben as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 5
   This Directive shall enter into force on 1 June 2011.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 8 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 55, 29.2.2000, p. 25.

      (3)  OJ L 224, 21.8.2002, p. 23.

      (4)  OJ L 333, 11.12.2008, p. 11.

      (5)  OJ L 15, 18.1.2008, p. 5.

      (6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance isoxaben. EFSA Journal 2010;8(9):1714. [83 pp.] doi:10.2903/j.efsa.2010.1714. Available online: www.efsa.europa.eu/efsajournal.htm

      (7)  OJ L 366, 15.12.1992, p. 10.

      ANNEX
      The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

                     No

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘341

                     Isoxaben
                     CAS No: 82558-50-7
                     CIPAC No: 701

                     N-[3-(1-ethyl-1-methylpropyl)-1,2-oxazol-5-yl]-2,6-dimethoxybenzamide

                     ≥ 910 g/kg
                     Toluene: ≤ 3g/kg

                     1 June 2011

                     31 May 2021

                     PART A
                     Only uses as herbicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI the conclusions of the review report on isoxaben, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 28 January 2011, shall be taken into account.
                     In this overall assessment Member States shall pay particular attention to the risk to aquatic organisms, the risk to non-target terrestrial plants and the potential leaching of metabolites to groundwater.
                     Conditions of use shall include risk mitigation measures, where appropriate.
                     The Member States concerned shall request the submission of confirmatory information as regards:

                                 (a)

                                 the specification of the technical material, as commercially manufactured;

                                 (b)

                                 the relevance of the impurities;

                                 (c)

                                 the residues in rotational crops;

                                 (d)

                                 the potential risk to aquatic organisms.

                           The Member States concerned shall ensure that the applicant submits to the Commission the information set out in points (a) and (b) within 6 months from the entry into force of the Directive of inclusion and the information set out in points (c) and (d) by 31 May 2013.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


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31991L0684

Council Directive 91/684/EEC of 19 December 1991 amending Directive 89/437/EEC on hygiene and health problems affecting the production and the placing on the market of egg products

Official Journal L 376 , 31/12/1991 P. 0038 - 0038 Finnish special edition: Chapter 3 Volume 40 P. 0026  Swedish special edition: Chapter 3 Volume 40 P. 0026

COUNCIL DIRECTIVEof 19 December 1991amending Directive 89/437/EEC on hygiene and health  problems affecting the production and the placing on the market of egg  products(91/684/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 89/437/EEC of 20 June 1989 on hygiene and health problems  affecting the production and the placing on the market of egg products (1), as amended by Directive  89/662/EEC (2), and in particular Article 10 thereof, Having regard to the proposal from the Commission, Whereas certain provisions of the Annex should be adapted to scientific and technological progress,  in accordance with Article 10 of Directive 89/437/EEC, as regards testing for staphylococci in egg  products and the storage temperatures for certain egg products, HAS ADOPTED THIS DIRECTIVE: Article 1The Annex to Directive 89/437/EEC is hereby amended as follows: 1.  The third indent of point 1 (b) of Chapter VI shall be replaced by the following: '- Staphylococcus aureus: absence in 1g of egg product`. 2. The fourth indent of point 3 of Chapter IX shall be deleted. Article 2Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive not later than 31 December 1991. They shall  forthwith inform the Commission thereof. When Member States adopt the measures referred to in the first subparagraph, they shall contain a  reference to this Directive or shall be accompanied by such reference at the time of their official  publication. The procedures for making such reference shall be determined by the Member States. Article 3This Directive is addressed to the Member States. Done at Brussels, 19 December 1991. For the CouncilThe PresidentP. DANKERT(1) OJ N° L 212, 22. 7. 1989, p. 87. (2) OJ N° L 395, 30. 12. 1989; p. 13.


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31989L0083

Commission Directive 89/93/EEC of 5 January 1989 amending the Fifth Commission Directive 88/271/EEC amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 032 , 03/02/1989 P. 0029 - 0029

*****COMMISSION  DIRECTIVE  of 5 January 1989  amending the Fifth Commission Directive 88/271/EEC amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products  (89/83/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of harmful organisms of plants or plant products (1), as last amended by Directive 88/572/EEC (2), and in particular the fourth indent of the second subparagraph of Article 13 thereof,  Whereas Directive 77/93/EEC laid down protective measures against the introduction into the Member States of organisms harmful to plants or plant products; whereas a list of commodities which are subject to import ban under some conditions is given in Annex III and the harmful organisms concerned are listed in Annexes I and II to that Directive;  Whereas by Commission Directive 88/271/EEC (3) certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products, were amended in the light of developments in scientific or technical knowledge;  Whereas it has appeared that it has been impossible to take all measures necessary to comply with certain provisions of this Directive by the date indicated in this Directive; whereas a more appropriate date should therefore be fixed;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 2 of Directive 88/271/EEC, 'the provisions of' is replaced by 'Article 1 (3) (a), first point (plants of Juniperus) by 31 March 1989 and with the remainder of the provisions of '.  Article 2  1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive.  2. Member States shall immediately communicate to the Commission the texts of all the provisions of national law which they adopt in implementation of this Directive. The Commission shall inform the other Member States thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 5 January 1989.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 26, 31. 1. 1977, p. 20.  (2) OJ No L 313, 19. 11. 1988, p. 39.  (3) OJ No L 116, 4. 5. 1988, p. 13.


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31982L0624

Commission Directive 82/624/EEC of 1 July 1982 adapting to technical progress Council Directive 76/765/EEC on the approximation of the laws of the Member States relating to alcoholometers and alcohol hydrometers

Official Journal L 252 , 27/08/1982 P. 0008 - 0009 Finnish special edition: Chapter 13 Volume 12 P. 0110  Spanish special edition: Chapter 13 Volume 12 P. 0256  Swedish special edition: Chapter 13 Volume 12 P. 0110  Portuguese special edition Chapter 13 Volume 12 P. 0256

COMMISSION DIRECTIVE of 1 July 1982 adapting to technical progress Council Directive 76/765/EEC on the approximation of the laws of the Member States relating to alcoholometers and alcohol hydrometers (82/624/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (1), as last amended by the Act of Accession of Greece, and in particular Article 17 thereof,  Whereas, since the adoption of Directive 76/765/EEC (2), new techniques have been developed in the field of thermometers used in determining alcoholic strength ; whereas that Directive should be amended accordingly;  Whereas the measures provided for in this Directive are in accordance with the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in Measuring Instruments,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The text of section 9 of the Annex to Directive 76/765/EEC is hereby replaced in accordance with the Annex to this Directive.   Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary in order to comply with this Directive on 1 May 1983. They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 1 July 1982.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (1) OJ No L 202, 6.9.1971, p. 1. (2) OJ No L 262, 27.9.1976, p. 143.     ANNEX 9. THERMOMETERS USED IN DETERMINING ALCOHOLIC STRENGTH  9.1. Thermometers incorporated in the instrument used to determine alcoholic strength  If the instrument used to determine alcoholic strength belongs to Class II or III, a thermometer of the mercury-expansion type with glass casing may be incorporated therein.  9.1.1. The thermometer shall be graduated to 0 71 or 0 72 or 0 75 °C and it need not have any scale mark at 0 °C.   9.1.2. The minimum scale spacing shall be:  0 78 mm in the case of thermometers graduated to 0 71 and 0 72 °C;  1 70 mm in the case of thermometers graduated to 0 75 °C.   9.1.3. The thickness of the lines shall not be more than one fifth of the scale spacing.   9.1.4. The maximum permissible error, positive or negative, shall be:  0 710 °C if the thermometer is graduated to 0 71 °C;  0 720 °C if the thermometer is graduated to 0 72 or 0 75 °C.   9.1.5. During EEC initial verification, the error of the incorporated thermometer shall be determined at a minimum of three points in the scale range.      9.2. Thermometers not incorporated in an instrument used to determine alcoholic strength  9.2.1. If the instrument used to determine alcoholic strength belongs to Class I, the thermometer employed in conjunction with it shall be:  - either of the metallic resistance type, enabling the temperature of the mixture of water and alcohol to be determined with a maximum permissible error of ± 0 710 °C,   - or of the mercury-expansion type with a glass casing graduated to 0 71 or 0 75 °C.     Mercury thermometers shall have a scale mark at 0 °C, the minimum scale spacing shall be 0 78 mm and the thickness of the lines shall not be more than one fifth of the scale spacing.  The maximum permissible error, positive or negative, shall be one scale interval.   9.2.2. If the instrument used to determine alcoholic strength belongs to Class II or III, the thermometer employed in conjunction with it shall be of the mercury-expansion type with glass casing.  9.2.2.1. The thermometer shall be graduated to 0 71 or 0 72 or 0 75 °C. It shall have a scale mark at 0 °C.   9.2.2.2. The minimum scale spacing shall be:  0 78 mm in the case of thermometers graduated to 0 71 or 0 72 °C;  1 70 mm in the case of thermometers graduated to 0 75 °C.   9.2.2.3. The thickness of the lines shall not be more than one fifth of the scale spacing.   9.2.2.4. The maximum permissible error shall be:  ± 0 710 °C if the thermometer is graduated to 0 71 °C;  ± 0 720 °C if the thermometer is graduated to 0 72 or 0 75 °C.


title: Council Directive 2013/18/EU of 13 May 2013 adapting Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, by reason of the accession of the Republic of Croatia

text:
               10.6.2013

               EN

               Official Journal of the European Union

               L 158/230

         COUNCIL DIRECTIVE 2013/18/EU
   of 13 May 2013
   adapting Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, by reason of the accession of the Republic of Croatia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty of Accession of Croatia, and in particular Article 3(4) thereof,
   Having regard to the Act of Accession of Croatia, and in particular Article 50 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Pursuant to Article 50 of the Act of Accession of Croatia, where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in that Act of Accession or in the Annexes thereto, the Council, acting by qualified majority on a proposal from the Commission, shall, to this end, adopt the necessary acts, if the original act was not adopted by the Commission.

               (2)

               The Final Act of the Conference which drew up and adopted the Treaty of Accession of Croatia indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt those adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

               (3)

               Directive 2009/28/EC of the European Parliament and of the Council (1) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   In part A of Annex I to Directive 2009/28/EC, the following is inserted in the table after the entry for France:

                  ‘Croatia

                  12,6 %

                  20 %’

   Article 2
   1.   Member States shall adopt and publish, by the date of accession of Croatia to the Union at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from the date of accession of Croatia to the Union.
   When Member States adopt those 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 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 subject to and as from the date of the entry into force of the Treaty of Accession of Croatia.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 13 May 2013.

            For the Council

            The President

         S. COVENEY

      (1)  OJ L 140, 5.6.2009, p. 16.


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31974L0331

Commission Directive 74/331/EEC of 12 June 1974 adapting to technical progress the Council Directive of 26 July 1971 on the approximation of the laws of the Member States relating to gas volume meters

Official Journal L 189 , 12/07/1974 P. 0009 - 0010 Finnish special edition: Chapter 13 Volume 4 P. 0028  Greek special edition: Chapter 13 Volume 2 P. 0258  Swedish special edition: Chapter 13 Volume 4 P. 0028  Spanish special edition: Chapter 13 Volume 3 P. 0247  Portuguese special edition Chapter 13 Volume 3 P. 0247

COMMISSION DIRECTIVE  of 12 June 1974  adapting to technical progress the Council Directive of 26 July 1971 on the approximation of the laws of the Member States relating to gas volume meters  (74/331/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community;  Having regard to Council Directive No 71/316/EEC (1) of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for measuring instruments and methods of metrological control, as amended by the Act annexed to the Treaty (2) concerning the accession of new Member States to the European Economic Community and the European Atomic Energy Community, signed at Brussels on 22 January 1972, and in particular Articles 17, 18 and 19 thereof;  Having regard to Council Directive No 71/318/EEC (3) of 26 July 1971 on the approximation of the laws of the Member States relating to gas volume meters;  Whereas, the test element of a gas volume meter should permit photo-electric reading of the number of revolutions effected by that element, in consideration of the technical evolution in this field.  Whereas, the method suggested by the United Kingdom for carrying out the EEC initial verifications of gas volume meters may be considered to be similar to that prescribed by Council Directive No 71/318/EEC, if that method is carried out to a flow margin of 0.3 Qmin in applying the maximum permissible error of 10 %, while accordingly taking into consideration technical progress and if need be the amendment of the Directive;  Whereas, the remaining amendments are patterned upon the guidance inherent in the aforesaid Act;  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 envisaging the elimination of technical barriers to trade in the measuring instruments sector,  HAS ADOPTED THIS DIRECTIVE:    Article 1 In the Annex to Council Directive No 71/318/EEC of 26 July 1971 the texts of items 5.2.4 of Chapter I.B ; 4.3, 7.2.6 and 8.1 of Chapter II, as well as the table of item 2.1 and item 7.1 (b) of Chapter III are amended by those appearing in the Annex to this Directive.   Article 2 1. The Member States shall put into force the laws, regulations and administrative provisions needed in order to comply with the Directive within 12 months of its notification, and shall forthwith inform the Commission thereof.  2. The Member States shall ensure that the texts of the provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 12 June 1974.  For the Commission  The President  François-Xavier ORTOLI  (1)OJ No L 202, 6.9.1971, p. 1. (2)OJ No L 73, 27.3.1972, p. 14. (3)OJ No L 202, 6.9.1971, p. 21.     ANNEX    1. The text of item 5.2.4 of Chapter I.B of the Annex is replaced by the following:  "The pointer or the reference mark must be sufficiently thin to permit-certain and easy reading.  The test element may have a removable reference mark and be of a size sufficient to permit photo-electric scanning. The reference mark must not conceal the graduation ; if necessary, it may replace the figure 0. It must not interfere with the accuracy of reading."       2. The following is inserted after the table in paragraph 4.3 of Chapter II of the Annex:  "The volume of air to be measured may be replaced by the volume which corresponds approximately with a whole number of revolutions of the test element."       3. The text of paragraph 7.26 of Chapter II of the Annex is replaced by the following:  "7.2.6. After the endurance test, the meters (with the exception, at most, of one of them if the tests are carried out on a minimum of three meters) must satisfy the following requirements:      (a) over the flow range the difference between the maximum and minimum errors as a function of the flow Q must not exceed a value of 4 % for each meter;           (b) the error values must not differ by more than 1 75 % of the initial corresponding values;  For the Qmin rate this error applies only to variations in the negative sense;           (c) the mechanical pressure drop must not have increased by more than 20 N/m2 (0 72 millibars)."       4. The text of item 8.1 of Chapter II of the Annex is replaced by the following:  "8.1. Accuracy tests A meter is considered to satisfy the requirements concerning maximum permissible errors if these requirements are met at the following flow rates:      (a) at a flow rate of Qmin;           (b) at a flow rate of the order of 1/5 Qmax;           (c) at a flow rate of Qmax.    If the examination is conducted under different conditions, the guarantees must be at least equal to those obtained by the tests mentioned above."       5. The table of item 2.1 of Chapter III, is replaced by the following table: >PIC FILE= "T0006104">        6. The text of item 7.1 (b) of Chapter III of the Annex is replaced by the following:  "(b) for turbine meters:  Qmin - 1 75 Qmin - 2 75 Qmin - 0 725 Qmax - 0 75 Qmax and Qmax."


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32000L0021

Commission Directive 2000/21/EC of 25 April 2000 concerning the list of Community legislation referred to in the fifth indent of Article 13(1) of Council Directive 67/548/EEC (Text with EEA relevance)

Official Journal L 103 , 28/04/2000 P. 0070 - 0071

Commission Directive 2000/21/ECof 25 April 2000concerning the list of Community legislation referred to in the fifth indent of Article 13(1) of Council Directive 67/548/EEC(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard 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(1), as last amended by European Parliament and Council Directive 1999/33/EC(2), and in particular Article 13(1) thereof,Whereas:(1) Article 13(1) of Directive 67/548/EEC exempts certain substances from the provisions of Articles 7, 8, 14 and 15 of the said Directive, which refer to notification. More specifically, the fifth indent of Article 13(1) exempts substances which are for exclusive use in other product sectors for which Community notification or approval procedures exist and for which the requirements for data submission are equivalent to those laid down in Directive 67/548/EEC. Therefore, the Commission is required to establish a list of those pieces of Community legislation which contain such notification or approval procedures. The list will be re-examined periodically and, as necessary, revised.(2) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(3), as last amended by Commission Directive 1999/80/EC(4), provides for the inclusion of active substances into its Annex I as a prerequisite for authorisation of the said products prior to placing them on the market. Commission Directive 93/90/EEC of 29 October 1993 concerning the list of substances referred to in Article 13(1) fifth indent of Council Directive 67/548/EEC(5) only covers active substances for inclusion in Annex I of Directive 91/414/EEC, which concerns the placing on the market. Active substances to be authorised for other purposes, including research and development according to Article 22 of Directive 91/414/EEC, should also be covered in order to confine the authorisation procedures for such substances solely to the scope of Directive 91/414/EEC.(3) Substances exclusively used as active substances of biocidal products, according to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(6), fall under the fifth indent of Article 13(1) of Directive 67/548/EEC and should therefore be exempted, including for the purpose of research and development, in order to confine the authorisation procedures for such substances solely to the scope of Directive 98/8/EC.(4) Directive 93/90/EEC should be repealed.(5) The provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in Dangerous Substances and Preparations,HAS ADOPTED THIS DIRECTIVE:Article 1The list of Community legislation concerning product sectors for which Community notification or approval procedures exist, and for which the requirements for data submission for the categories of substances identified in the list are equivalent to those laid down in Directive 67/548/EEC, is contained in the Annex to this Directive.Article 2Directive 93/90/EEC is hereby repealed.Article 31. Member States shall adopt and publish the provisions necessary to comply with this Directive by 1 April 2001 and shall immediately inform the Commission thereof.2. When Member States adopt these 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.Article 4This Directive is addressed to the Member States.Done at Brussels, 25 April 2000.For the CommissionMargot WallströmMember of the Commission(1) OJ 196, 16.8.1967, p. 1.(2) OJ L 199, 30.7.1999, p. 57.(3) OJ L 230, 19.8.1991, p. 1.(4) OJ L 210, 10.8.1999, p. 13.(5) OJ L 277, 10.11.1993, p. 33.(6) OJ L 123, 24.4.1998, p. 1.ANNEXCommunity legislation concerning product sectors for which Community notification or approval procedures exist and for which the requirements for data submission for the categories of substances identified are equivalent to those laid down in Articles 7, 8, 14 and 15 of Directive 67/548/EEC1. Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market.2. Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market.For substances for exclusive use as active substances of plant protection products and/or biocidal products.


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31993L0027

Commission Directive 93/27/EEC of 4 June 1993 amending Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 179 , 22/07/1993 P. 0005 - 0007 Finnish special edition: Chapter 3 Volume 51 P. 0025  Swedish special edition: Chapter 3 Volume 51 P. 0025

COMMISSION DIRECTIVE 93/27/EEC of 4 June 1993 amending Council Directive 70/524/EEC concerning additives in feedingstuffsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 92/113/EEC (2), and in particular Article 7 thereof,  Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes have been codified by Commission Directive 91/248/EEC (3);  Whereas new uses of the antibiotic 'Avoparcin', of the coccidiostat 'Robendine', of the sweetener 'Neohesperidine dihydrochalcone' and of the thickener 'Cellulose powder' have been tested in certain Member States; whereas, on the basis of experience  gained, it appears that these new uses can be authorized throughout the Community;  Whereas a new use of the antibiotic 'Virginiamycin' has been successfully tested in certain Member States; whereas it is appropriate to authorize this new use at national level, while waiting for it to be authorized at Community level;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annexes to Directive 70/524/EEC are hereby amended as set out in the Annex hereto.  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 1994 at the latest. They shall immediately inform the Commission thereof.  When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 4 June 1993.  For the Commission René STEICHEN Member of the Commission (1) OJ No L 270, 14. 12. 1970, p. 1.  (2) OJ No L 16, 25. 1. 1993, p. 2.  (3) OJ No L 124, 18. 5. 1991, p. 1.    ANNEX  1. In Annex I:  (a) in part A, 'Antibiotica', the wording of item E 715 'Avoporcin' is completed as follows:  as follows:  'Microcrystalline cellulose':  (a) Part A, 'Antibiotica', the following item is added: