Avis juridique important

|

32002L0094

Commission Directive 2002/94/EC of 9 December 2002 laying down detailed rules for implementing certain provisions of Council Directive 76/308/EEC on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures

Official Journal L 337 , 13/12/2002 P. 0041 - 0054

Commission Directive 2002/94/ECof 9 December 2002laying down detailed rules for implementing certain provisions of Council Directive 76/308/EEC on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measuresTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures(1), as last amended by Directive 2001/44/EC(2), and in particular Article 22 thereof,Whereas:(1) The system of mutual assistance between the competent authorities of Member States, as set out in Directive 76/308/EEC, has been amended as regards the information to be supplied to the applicant authority, the notification of the addressee concerning the applicable instruments and decisions, the adoption of precautionary measures, and the recovery by the requested authority of claims on behalf of the applicant authority.(2) As regards each of those aspects, therefore, Commission Directive 77/794/EEC of 4 November 1977 laying down detailed rules for implementing certain provisions of Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, and in respect of value added tax(3), as last amended by Directive 86/489/EEC(4), should be amended accordingly.(3) Furthermore, detailed rules should be laid down concerning the means by which communications between authorities may be transmitted.(4) In the interests of clarity, Directive 77/794/EEC should be replaced.(5) The measures provided for in this Directive are in accordance with the opinion of the Committee on Recovery,HAS ADOPTED THIS DIRECTIVE:CHAPTER IGENERAL PROVISIONSArticle 1This Directive lays down the detailed rules for implementing Article 4(2) and (4), Article 5(2) and (3), Article 7, Article 8, Article 9, Article 11, Article 12(1) and (2), Article 14, Article 18(3) and Article 25 of Directive 76/308/EEC.It also lays down the detailed rules on conversion, transfer of sums recovered, the fixing of a minimum amount for claims which may give rise to a request for assistance, as well as the means by which communications between authorities may be transmitted.Article 2For the purposes of this Directive:1. transmission "by electronic means" shall mean transmission using electronic equipment for processing (including digital compression) of data and employing wires, radio transmission, optical technologies or other electromagnetic means;2. "CCN/CSI" network shall mean the common platform based on the Common Communication Network (CCN) and Common System Interface (CSI), developed by the Community to ensure all transmissions by electronic means between competent authorities in the area of Customs and Taxation.CHAPTER IIREQUESTS FOR INFORMATIONArticle 3The request for information referred to in Article 4 of Directive 76/308/EEC shall be made out in writing in accordance with the model in Annex I to this Directive. If the request cannot be transmitted by electronic means, it shall bear the official stamp of the applicant authority and shall be signed by an official thereof duly authorised to make such a request.Where a similar request has been addressed to any other authority, the applicant authority shall indicate in its request for information the name of that authority.Article 4The request for information may relate to:1. the debtor;2. any person liable for settlement of the claim under the law in force in the Member State in which the applicant authority is situated (hereinafter "the Member State of the applicant authority");3. any third party holding assets belonging to one of the persons mentioned under point 1 or 2.Article 51. The requested authority shall acknowledge receipt of the request for information in writing as soon as possible and in any event within seven days of such receipt.2. Immediately upon receipt of the request the requested authority shall, where appropriate, ask the applicant authority to provide any additional information necessary. The applicant authority shall provide all additional necessary information to which it normally has access.Article 61. The requested authority shall transmit each item of requested information to the applicant authority as and when it is obtained.2. Where all or some of the requested information cannot be obtained within a reasonable time, having regard to the particular case, the requested authority shall so inform the applicant authority, indicating the reasons therefor.In any event, at the end of six months from the date of acknowledgement of receipt of the request, the requested authority shall inform the applicant authority of the outcome of the investigations which it has conducted in order to obtain the information requested.In the light of the information received from the requested authority, the applicant authority may request the latter to continue its investigations. That request shall be made in writing within two months of the receipt of the notification of the outcome of the investigations carried out by the requested authority, and shall be treated by the requested authority in accordance with the provisions applying to the initial request.Article 7If the requested authority decides not to comply with the request for information, it shall notify the applicant authority in writing of the reasons for the refusal to comply with the request, specifying the provisions of Article 4 of Directive 76/308/EEC on which it relies. Such notification shall be given by the requested authority as soon as it has taken its decision and in any event within three months of the date of the acknowledgement of the receipt of the request.Article 8The applicant authority may at any time withdraw the request for information which it has sent to the requested authority. The decision to withdraw shall be transmitted to the requested authority in writing.CHAPTER IIIREQUESTS FOR NOTIFICATIONArticle 9The request for notification referred to in Article 5 of Directive 76/308/EEC shall be made out in writing in duplicate in accordance with the model in Annex II to this Directive. The said request shall bear the official stamp of the applicant authority and shall be signed by an official thereof duly authorised to make such a request.Two copies of the instrument or decision, notification of which is requested, shall be attached to the request.Article 10The request for notification may relate to any natural or legal person who, in accordance with the law in force in the Member State of the applicant authority, is required to be informed of any instrument or decision which concerns that person.In so far as such is not indicated in the instrument or decision of which notification is requested, the request for notification shall refer to the rules in force in the Member State of the applicant authority governing the procedure for contestation of the claim or for its recovery.Article 111. The requested authority shall acknowledge receipt of the request for notification in writing as soon as possible and in any event within seven days of such receipt.Immediately upon receipt of the request for notification, the requested authority shall take the necessary measures to effect notification in accordance with the law in force in the Member State in which it is situated.If necessary, but without jeopardising the final date for notification indicated in the request for notification, the requested authority shall ask the applicant authority to provide additional information.The applicant authority shall provide all additional information to which it normally has access.The requested authority shall in any event not question the validity of the instrument or decision of which notification is requested.2. The requested authority shall inform the applicant authority of the date of notification as soon as this has been effected, by returning to it one of the copies of the request with the certificate on the reverse side duly completed.CHAPTER IVREQUESTS FOR RECOVERY OR FOR PRECAUTIONARY MEASURESArticle 121. Requests for recovery or for precautionary measures referred to in Articles 6 and 13 respectively of Directive 76/308/EEC shall be made out in writing in accordance with the model in Annex III to this Directive.Such requests, which shall include a declaration that the conditions laid down in Directive 76/308/EEC for initiating the mutual assistance procedure have been fulfilled, shall bear the official stamp of the applicant authority and shall be signed by an official thereof duly authorised to make such a request.2. The instrument permitting enforcement shall accompany the request for recovery or for precautionary measures. A single instrument may be issued in respect of several claims where they concern one and the same person.For the purposes of Articles 13 to 20 of this Directive, all claims covered by the same instrument permitting enforcement shall be deemed to constitute a single claim.Article 13Requests for recovery or for precautionary measures may relate to any person referred to in Article 4.Article 141. If the currency of the Member State of the requested authority is different from the currency of the Member State of the applicant authority, the applicant authority shall express the amount of the claim to be recovered in both currencies.2. The rate of exchange to be used for the purposes of paragraph 1 shall be the latest selling rate recorded on the most representative exchange market or markets of the Member State of the applicant authority on the date when the request for recovery is signed.Article 151. The requested authority shall, in writing, as soon as possible and in any event within seven days of receipt of the request for recovery or for precautionary measures:(a) acknowledge receipt of the request;(b) ask the applicant authority to complete the request if it does not contain the information or other particulars mentioned in Article 7 of Directive 76/308/EEC.The applicant authority shall provide all information to which it has access.2. If the requested authority does not take the requisite action within the three-month period laid down in Article 8 of Directive 76/308/EEC, it shall, as soon as possible and in any event within seven days of the expiry of that period, inform the applicant authority in writing of the grounds for its failure to comply with the time limit.Article 16Where, within a reasonable time having regard to the particular case, all or part of the claim cannot be recovered or precautionary measures cannot be taken, the requested authority shall so inform the applicant authority, indicating the reasons therefor.No later than at the end of each six-month period following the date of acknowledgement of the receipt of the request, the requested authority shall inform the applicant authority of the state of progress or the outcome of the procedure for recovery or for precautionary measures.In the light of the information received from the requested authority, the applicant authority may request the latter to re-open the procedure for recovery or for precautionary measures. That request shall be made in writing within two months of the receipt of the notification of the outcome of that procedure, and shall be treated by the requested authority in accordance with the provisions applying to the initial request.Article 171. Any action contesting the claim or the instrument permitting its enforcement which is taken in the Member State of the applicant authority shall be notified to the requested authority in writing by the applicant authority immediately after the latter has been informed of such action.2. If the laws, regulations and administrative practices in force in the Member State of the requested authority do not permit precautionary measures or the recovery requested under the second subparagraph of Article 12(2) of Directive 76/308/EEC, the requested authority shall notify the applicant authority to that effect as soon as possible and in any event within one month of the receipt of the notification referred to in paragraph 1.3. Any action which is taken in the Member State of the requested authority for reimbursement of sums recovered or for compensation in relation to recovery of contested claims under the second subparagraph of Article 12(2) of Directive 76/308/EEC shall be notified to the applicant authority in writing by the requested authority immediately after the latter has been informed of such action.The requested authority shall as far as possible involve the applicant authority in the procedures for settling the amount to be reimbursed and the compensation due. Upon a reasoned request from the requested authority, the applicant authority shall transfer the sums reimbursed and the compensation paid within two months of the receipt of that request.Article 181. If the request for recovery or for precautionary measures becomes devoid of purpose as a result of payment of the claim or of its cancellation or for any other reason, the applicant authority shall immediately inform the requested authority in writing so that the latter may stop any action which it has undertaken.2. Where the amount of the claim which is the subject of the request for recovery or for precautionary measures is adjusted for any reason, the applicant authority shall immediately inform the requested authority in writing, and if necessary issue a new instrument permitting enforcement.3. If the adjustment entails a reduction in the amount of the claim, the requested authority shall continue the action which it has undertaken with a view to recovery or to the taking of precautionary measures, but that action shall be limited to the amount still outstanding.If, at the time when the requested authority is informed of the reduction in the amount of the claim, an amount exceeding the amount still outstanding has already been recovered by it but the transfer procedure referred to in Article 19 has not yet been initiated, the requested authority shall repay the amount overpaid to the person entitled thereto.4. If the adjustment entails an increase in the amount of the claim, the applicant authority shall as soon as possible address to the requested authority an additional request for recovery or for precautionary measures.That additional request shall, as far as possible, be dealt with by the requested authority at the same time as the original request from the applicant authority. Where, in view of the state of progress of the existing procedure, consolidation of the additional request with the original request is not possible, the requested authority shall be required to comply with the additional request only if it concerns an amount not less than that referred to in Article 25(2).5. In order to convert the adjusted amount of the claim into the currency of the Member State of the requested authority, the applicant authority shall use the exchange rate used in its original request.Article 19Any sum recovered by the requested authority, including, where applicable, the interest referred to in Article 9(2) of Directive 76/308/EEC, shall be transferred to the applicant authority in the currency of the Member State of the requested authority. The transfer shall take place within one month of the date on which recovery was effected.The competent authorities of the Member States may agree different arrangements for the transfer of amounts below the threshold referred to in Article 25(2) of this Directive.Article 20Irrespective of any amounts collected by the requested authority by way of the interest referred to in Article 9(2) of Directive 76/308/EEC, the claim shall be deemed to have been recovered in proportion to the recovery of the amount expressed in the national currency of the Member State of the requested authority, on the basis of the exchange rate referred to in Article 14(2) of this Directive.CHAPTER VTRANSMISSION OF COMMUNICATIONSArticle 211. All information communicated in writing pursuant to this Directive shall, as far as possible, be transmitted only by electronic means, except for:(a) the request for notification referred to in Article 5 of Directive 76/308/EEC and the instrument or decision of which notification is requested;(b) requests for recovery or for precautionary measures referred to in Articles 6 and 13 respectively of Directive 76/308/EEC, and the instrument permitting enforcement.2. The competent authorities of the Member States may agree to waive the communication on paper of the requests and instruments specified in paragraph 1.Article 22Each Member State shall designate a central office with principal responsibility for communication by electronic means with other Member States. That office shall be connected to the CCN/CSI network.Where several authorities are appointed in a Member State for the purpose of applying this Directive, the central office shall be responsible for the forwarding of all communication by electronic means between those authorities and the central offices of other Member States.Article 231. Where the competent authorities of the Member States store information in electronic data bases and exchange such information by electronic means, they shall take all measures necessary to ensure that any information communicated in whatever form pursuant to this Directive is treated as confidential.It shall be covered by the obligation of professional secrecy and shall enjoy the protection extended to similar information under the national law of the Member State which received it.2. The information referred to in paragraph 1 may be made available only to the persons and authorities referred to in Article 16 of Directive 76/308/EEC.Such information may be used in connection with judicial or administrative proceedings initiated for the recovery of levies, duties, taxes and other measures referred to in Article 2 of Directive 76/308/EEC.Persons duly accredited by the Security Accreditation Authority of the European Commission may have access to this information only in so far as is necessary for the care, maintenance and development of the CCN/CSI network.3. Where the competent authorities of the Member States communicate by electronic means, they shall take all measures necessary to ensure that all communications are duly authorised.Article 24Information and other particulars communicated by the requested authority to the applicant authority shall be conveyed in the official language or one of the official languages of the Member State of the requested authority or in another language agreed between the applicant and requested authorities.CHAPTER VIELIGIBILITY AND REFUSAL OF REQUESTS FOR ASSISTANCEArticle 251. A request for assistance may be made by the applicant authority in respect of either a single claim or several claims where those are recoverable from one and the same person.2. No request for assistance may be made if the total amount of the relevant claim or claims listed in Article 2 of Directive 76/308/EEC is less than EUR 1500.Article 26If the requested authority decides, pursuant to the first paragraph of Article 14 of Directive 76/308/EEC, to refuse a request for assistance, it shall notify the applicant authority in writing of the reasons for the refusal. Such notification shall be given by the requested authority as soon as it has taken its decision and in any event within three months of the date of receipt of the request for assistance.CHAPTER VIIREIMBURSEMENT ARRANGEMENTSArticle 27Each Member State shall appoint at least one official duly authorised to agree reimbursement arrangements under Article 18(3) of Directive 76/308/EEC.Article 281. If the requested authority decides to request reimbursement arrangements it shall notify the applicant authority in writing of the reasons for its view that recovery of the claim poses a specific problem, entails very high costs or relates to the fight against organised crime.The requested authority shall append a detailed estimate of the costs for which it requests reimbursement by the applicant authority.2. The applicant authority shall acknowledge receipt of the request for reimbursement arrangements in writing as soon as possible and in any event within seven days of receipt.Within two months of the date of acknowledgement of receipt of the said request, the applicant authority shall inform the requested authority whether and to what extent it agrees with the proposed reimbursement arrangements.3. If no agreement is reached between the applicant and requested authority with respect to reimbursement arrangements, the requested authority shall continue recovery procedures in the normal way.CHAPTER VIIIFINAL PROVISIONSArticle 29Each Member State shall inform the Commission before 15 March each year, as far as possible by electronic means, of the use made of the procedures laid down in Directive 76/308/EEC and of the results achieved in the previous calendar year, in accordance with the model in Annex IV to this Directive.Article 30The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 April 2003 at the latest. They shall forthwith inform the Commission thereof.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 31The Commission shall communicate to the other Member States the measures which each Member State takes for implementing this Directive.Each Member State shall notify the other Member States and the Commission of the name and address of the competent authorities for the purpose of applying this Directive, as well as of the officials authorised to agree arrangements under Article 18(3) of Directive 76/308/EEC.Article 32Directive 77/794/EEC is hereby repealed.References to the repealed Directive shall be construed as references to this Directive.Article 33This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 34This Directive is addressed to the Member States.Done at Brussels, 9 December 2002.For the CommissionFrederik BolkesteinMember of the Commission(1) OJ L 73, 19.3.1976, p. 18.(2) OJ L 175, 28.6.2001, p. 17.(3) OJ L 333, 24.12.1977, p. 11.(4) OJ L 283, 4.10.1986, p. 23.ANNEX I>PIC FILE= "L_2002337EN.004702.TIF">>PIC FILE= "L_2002337EN.004801.TIF">ANNEX II>PIC FILE= "L_2002337EN.004902.TIF">>PIC FILE= "L_2002337EN.005001.TIF">ANNEX III>PIC FILE= "L_2002337EN.005102.TIF">>PIC FILE= "L_2002337EN.005201.TIF">>PIC FILE= "L_2002337EN.005301.TIF">ANNEX IV>PIC FILE= "L_2002337EN.005402.TIF">


Avis juridique important

|

31970L0373

Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feeding-stuffs

Official Journal L 170 , 03/08/1970 P. 0002 - 0003 Finnish special edition: Chapter 3 Volume 3 P. 0061  Danish special edition: Series I Chapter 1970(II) P. 0471  Swedish special edition: Chapter 3 Volume 3 P. 0061  English special edition: Series I Chapter 1970(II) P. 0535  Greek special edition: Chapter 03 Volume 5 P. 0156  Spanish special edition: Chapter 03 Volume 4 P. 0016  Portuguese special edition Chapter 03 Volume 4 P. 0016

COUNCIL DIRECTIVE of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feeding-stuffs (70/373/EEC)    THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament;  Having regard to the Opinion of the Economic and Social Committee;  Whereas the production, marketing and use of feeding-stuffs occupy an extremely important place in the European Economic Community;  Whereas animal production in agriculture depends to a large extent on the use of appropriate good quality feeding-stuffs;  Whereas the existence of rules concerning feeding-stuffs is essential to an increase in agricultural productivity;  Whereas the introduction of Community measures concerning the quality and composition of feeding-stuffs used in the European Economic Community makes it necessary to establish uniform methods of sampling and analysis to be used by the authorities of the Member States for carrying out official controls;  Whereas, furthermore, the methods of sampling and analysis used for checking compliance with those national standards remaining in force must be the same throughout the Community;  Whereas certain Member States are already applying official methods of sampling and analysis and these differ to some extent as regards their basic principles ; whereas these methods directly affect the establishment and functioning of the common market and should therefore be harmonised;  Whereas the establishment of uniform methods is purely an implementing measure of a technical and scientific nature ; whereas a rapid procedure is needed to develop, improve and amplify those methods ; whereas, in order to facilitate the adoption of these measures, a procedure should be provided for establishing close co-operation between Member States and the Commission within a Standing Committee for Feeding-stuffs;  HAS ADOPTED THIS DIRECTIVE:     Article 1 The Member States shall take all measures necessary to ensure that official controls of feeding-stuffs, for the purpose of checking compliance with requirements arising under provisions laid down by law, regulation or administrative action concerning the quality and composition of feeding-stuffs, are carried out using the Community methods of sampling and analysis to be established in the directives referred to in Article 2.   Article 2 The methods referred to in Article 1 shall be established by directive and in accordance with the procedure laid down in Article 3, account being taken of current scientific and technical knowledge and of proven methods.  These directives shall set appropriate time limits for incorporating those methods in national provisions.     Article 3 1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State, to the Standing Committee for Feeding-stuffs (hereinafter called the "Committee") set up by the Council Decision of 20 July 19701.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its Opinion on the draft within a time limit set by he Chairman according to the urgency of the matter. Opinions shall be delivered by a majority of twelve votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.  3.  (a) The Commission shall adopt the measures envisaged where they are in accordance with the Opinion of the Committee.  (b) Where the measures envisaged are not in accordance with the Opinion of the Committee, or if no Opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall act by a qualified majority.  (c) If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.    Article 4 The provisions of Article 3 shall apply for eighteen months from the date on which a matter was first referred to the Committee either under Article 3 (1) or under any other corresponding provision.    Article 5 Member States shall, within a period of one year following notification thereof, bring into force by law, regulation or administrative action the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.    Article 6 This Directive is addressed to the Member States.     Done at Brussels, 20 July 1970.  For the Council  The President  W. SCHEEL  1 OJ No L 170, 3.8.1970, p. 1.


Avis juridique important

|

32001L0081

Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants

Official Journal L 309 , 27/11/2001 P. 0022 - 0030

Directive 2001/81/EC of the European Parliament and of the Councilof 23 October 2001on national emission ceilings for certain atmospheric pollutantsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the Economic and Social Committee(2),Having regard to the Opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), in the light of the joint text approved by the Conciliation Committee on 2 August 2001,Whereas:(1) The general approach and strategy of the Fifth Environmental Action Programme was approved by the Resolution of 1 February 1993 of the Council and the Representatives of the Governments of the Member States meeting within the Council on a Community programme of policy and action in relation to the environment and sustainable development(5) and it sets as objectives that critical loads and levels for acidification in the Community are not to be exceeded. The programme requires that all people should be effectively protected against health risks from air pollution and that permitted levels of pollution should take account of the protection of the environment. The programme also requires that guideline values from the World Health Organisation (WHO) should become mandatory at Community level.(2) The Member States have signed the Gothenburg Protocol of 1 December 1999 to the United Nations Economic Commission for Europe (UNECE) Convention on long-range transboundary air pollution to abate acidification, eutrophication and ground-level ozone.(3) Decision No 2179/98/EC of the European Parliament and of the Council of 24 September 1998 on the review of the European Community programme of policy and action in relation to the environment and sustainable development "Towards sustainability"(6) specified that particular attention should be given to developing and implementing a strategy with the goal of ensuring that critical loads, in relation to exposure to acidifying, eutrophying and photochemical air pollutants, are not exceeded.(4) Council Directive 92/72/EEC of 21 September 1992 on air pollution by ozone(7) requires the Commission to submit to the Council a report on the evaluation of photochemical pollution in the Community, accompanied by any proposals the Commission deems appropriate on the control of air pollution by ground-level ozone and, if necessary, on reducing emissions of ozone precursors.(5) Significant areas of the Community are exposed to depositions of acidifying and eutrophying substances at levels which have adverse effects on the environment. The WHO guideline values for the protection of human health and vegetation from photochemical pollution are substantially exceeded in all Member States.(6) The exceedance of critical loads should therefore be gradually eliminated and guideline levels respected.(7) At present it is not technically feasible to meet the long-term objectives of eliminating the adverse effects of acidification and reducing exposure to ground-level ozone of man and the environment to the guideline values established by the WHO. It is therefore necessary to provide for interim environmental objectives for acidification and ground-level ozone pollution, on which the necessary measures to reduce such pollution are to be based.(8) Interim environmental objectives and the measures to meet them should take account of technical feasibility and the associated costs and benefits. Such measures should ensure that any action taken is cost-effective for the Community as a whole and should take account of the need to avoid excessive costs for any individual Member State.(9) Transboundary pollution contributes to acidification, soil eutrophication and ground-level ozone formation, the abatement of which requires coordinated Community action.(10) Reducing emissions of the pollutants causing acidification and exposure to ground-level ozone will also reduce soil eutrophication.(11) A set of national ceilings for each Member State for emissions of sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia is a cost-effective way of meeting interim environmental objectives. Such emission ceilings will allow the Community and the Member States flexibility in determining how to comply with them.(12) Member States should be responsible for implementing measures to comply with national emission ceilings. It will be necessary to evaluate progress towards compliance with the emission ceilings. National programmes for the reduction of emissions should therefore be drawn up and reported on to the Commission and should include information on the measures adopted or envisaged to comply with the emission ceilings.(13) In accordance with the principle of subsidiarity as set out in Article 5 of the Treaty and taking account, in particular, of the precautionary principle, the objective of this Directive, namely limitation of emissions of acidifying and eutrophying pollutants and ozone precursors, cannot be sufficiently achieved by the Member States because of the transboundary nature of the pollution and can therefore be better achieved by the Community; in accordance with the principle of proportionality this Directive does not go beyond what is necessary to achieve that purpose.(14) There should be a timely review of the progress made by Member States towards the emission ceilings, as well as a review of the extent to which implementing the ceilings is likely to meet interim environmental objectives, for the Community as a whole. Such review should consider also scientific and technical progress, developments in Community legislation and emission reductions outside the Community with special regard to progress made inter alia by the accession candidate countries. In that review, the Commission should undertake a further examination of the costs and benefits of the emission ceilings, including their cost-effectiveness, marginal costs and benefits and socio-economic impact and any impact on competitiveness. The review should also consider the limitations on the scope of this Directive.(15) The Commission should for this purpose prepare a report to the European Parliament and the Council and, if it considers it necessary, propose appropriate amendments to this Directive taking account of the effects of any relevant Community legislation inter alia setting emission limits and product standards for relevant sources of emissions and international regulations concerning ship and aircraft emissions.(16) Sea transport is a significant contributor to emissions of sulphur dioxide and nitrogen oxides and also to concentrations and depositions of air pollutants in the Community. Such emissions should therefore be reduced. Article 7(3) of Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC(8) requires the Commission to consider which measures could be taken to reduce the contribution to acidification of the combustion of marine fuels other than those specified in Article 2(3) of that Directive.(17) Member States should seek to ratify Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) as soon as possible.(18) Owing to the transboundary nature of acidification and ozone pollution, the Commission should continue to examine further the need to develop harmonised Community measures, without prejudice to Article 18 of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(9), with the aim of avoiding distortion of competition, and taking into account the balance between benefits and cost of action.(19) The provisions of this Directive should apply without prejudice to the Community legislation regulating emissions of those pollutants from specific sources and to the provisions of Council Directive 96/61/EC in relation to emission limit values and use of best available techniques.(20) Emission inventories are necessary to monitor progress towards compliance with the emission ceilings and must be calculated in accordance with internationally agreed methodology and reported on regularly to the Commission and the European Environment Agency (EEA).(21) Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive.(22) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(10).(23) The Commission and Members States should cooperate internationally with a view to achieving the objectives of this Directive,HAVE ADOPTED THIS DIRECTIVE:Article 1ObjectiveThe aim of this Directive is to limit emissions of acidifying and eutrophying pollutants and ozone precursors in order to improve the protection in the Community of the environment and human health against risks of adverse effects from acidification, soil eutrophication and ground-level ozone and to move towards the long-term objectives of not exceeding critical levels and loads and of effective protection of all people against recognised health risks from air pollution by establishing national emission ceilings, taking the years 2010 and 2020 as benchmarks, and by means of successive reviews as set out in Articles 4 and 10.Article 2ScopeThis Directive covers emissions in the territory of the Member States and their exclusive economic zones from all sources of the pollutants referred to in Article 4 which arise as a result of human activities.It does not cover:(a) emissions from international maritime traffic;(b) aircraft emissions beyond the landing and take-off cycle;(c) for Spain, emissions in the Canary Islands;(d) for France, emissions in the overseas departments;(e) for Portugal, emissions in Madeira and the Azores.Article 3DefinitionsFor the purposes of this Directive:(a) "AOT 40" means the sum of the difference between hourly concentrations of ground-level ozone greater than 80 μg/m3 (= 40 ppb) and 80 μg/m3 during daylight hours accumulated from May to July each year;(b) "AOT 60" means the sum of the difference between hourly concentrations of ground-level ozone greater than 120 μg/m3 (=60 ppb) and 120 μg/m3 accumulated throughout the year;(c) "critical load" means a quantitative estimate of an exposure to one or more pollutants below which significant adverse effects on specified sensitive elements of the environment do not occur, according to present knowledge;(d) "critical level" means the concentration of pollutants in the atmosphere above which direct adverse effects on receptors, such as human beings, plants, ecosystems or materials, may occur, according to present knowledge;(e) "emission" means the release of a substance from a point or diffuse source into the atmosphere;(f) "grid cell" means a square 150 km x 150 km, which is the resolution used when mapping critical loads on a European scale, and also when monitoring emissions and depositions of air pollutants under the Cooperative Programme for Monitoring and Evaluation of the long-range Transmission of Air Pollutants in Europe (EMEP);(g) "landing and take-off cycle" means a cycle represented by the following time in each operating mode: approach 4,0 minutes; taxi/ground idle 26,0 minutes, take-off 0,7 minutes; climb 2,2 minutes;(h) "national emission ceiling" means the maximum amount of a substance expressed in kilotonnes, which may be emitted from a Member State in a calendar year;(i) "nitrogen oxides" and "NOx" mean nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide;(j) "ground-level ozone" means ozone in the lowermost part of the troposphere;(k) "volatile organic compounds" and "VOC" mean all organic compounds arising from human activities, other than methane, which are capable of producing photochemical oxidants by reactions with nitrogen oxides in the presence of sunlight.Article 4National emission ceilings1. By the year 2010 at the latest, Member States shall limit their annual national emissions of the pollutants sulphur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds (VOC) and ammonia (NH3) to amounts not greater than the emission ceilings laid down in Annex I, taking into account any modifications made by Community measures adopted following the reports referred to in Article 9.2. Member States shall ensure that the emission ceilings laid down in Annex I are not exceeded in any year after 2010.Article 5Interim environmental objectivesThe national emission ceilings in Annex I shall have as their purpose to meet broadly the following interim environmental objectives, for the Community as a whole, by 2010:(a) AcidificationThe areas where critical loads are exceeded shall be reduced by at least 50 % (in each grid cell) compared with the 1990 situation.(b) Health-related ground-level ozone exposureThe ground-level ozone load above the critical level for human health (AOT60=0) shall be reduced by two-thirds in all grid cells compared with the 1990 situation. In addition, the ground-level ozone load shall not exceed an absolute limit of 2,9 ppm.h in any grid cell.(c) Vegetation-related ground-level ozone exposureThe ground-level ozone load above the critical level for crops and semi-natural vegetation (AOT40=3 ppm.h) shall be reduced by one-third in all grid cells compared with the 1990 situation. In addition, the ground-level ozone load shall not exceed an absolute limit of 10 ppm.h, expressed as an exceedance of the critical level of 3 ppm.h in any grid cell.Article 6National programmes1. Member States shall, by 1 October 2002 at the latest, draw up programmes for the progressive reduction of national emissions of the pollutants referred to in Article 4 with the aim of complying at least with the national emission ceilings laid down in Annex I by 2010 at the latest.2. The national programmes shall include information on adopted and envisaged policies and measures and quantified estimates of the effect of these policies and measures on emissions of the pollutants in 2010. Anticipated significant changes in the geographical distribution of national emissions shall be indicated.3. Member States shall update and revise the national programmes as necessary by 1 October 2006.4. Member States shall make available to the public and to appropriate organisations such as environmental organisations the programmes drawn up in accordance with paragraphs 1, 2 and 3. Information made available to the public and to organisations under this paragraph shall be clear, comprehensible and easily accessible.Article 7Emission inventories and projections1. Member States shall prepare and annually update national emission inventories and emission projections for 2010 for the pollutants referred to in Article 4.2. Member States shall establish their emission inventories and projections using the methodologies specified in Annex III.3. The Commission, assisted by the European Environment Agency, shall, in cooperation with the Member States and on the basis of the information provided by them, establish inventories and projections of the pollutants referred to in Article 4. The inventories and projections shall be made publicly available.4. Any updating of the methodologies to be used in accordance with Annex III, shall be made in accordance with the procedure set out in Article 13(2).Article 8Reports by the Member States1. Member States shall each year, by 31 December at the latest, report their national emission inventories and their emission projections for 2010 established in accordance with Article 7 to the Commission and the European Environment Agency. They shall report their final emission inventories for the previous year but one and their provisional emission inventories for the previous year. Emission projections shall include information to enable a quantitative understanding of the key socioeconomic assumptions used in their preparation.2. Member States shall, by 31 December 2002 at the latest, inform the Commission of the programmes drawn up in accordance with Article 6(1) and (2).Member States shall, by 31 December 2006 at the latest, inform the Commission of the updated programmes drawn up in accordance with Article 6(3).3. The Commission shall forward the national programmes received to the other Member States within one month of their reception.4. The Commission shall, in accordance with the procedure set out in Article 13(2), establish provisions to ensure consistent and transparent reporting of national programmes.Article 9Reports by the Commission1. In 2004 and 2008 the Commission shall report to the European Parliament and the Council on progress on the implementation of the national emission ceilings laid down in Annex I and on the extent to which the interim environmental objectives set out in Article 5 are likely to be met by 2010 and on the extent to which the long-term objectives set out in Article 1 could be met by 2020. The reports shall include an economic assessment, including cost-effectiveness, benefits, an assessment of marginal costs and benefits and the socioeconomic impact of the implementation of the national emission ceilings on particular Member States and sectors. They shall also include a review of the limitations of the scope of this Directive as defined in Article 2 and an evaluation of the extent to which further emission reductions might be necessary in order to meet the interim environmental objectives set out in Article 5. They shall take into account the reports made by Member States pursuant to Article 8(1) and (2), as well as, inter alia:(a) any new Community legislation which may have been adopted setting emission limits and product standards for relevant sources of emissions;(b) developments of best available techniques in the framework of the exchange of information under Article 16 of Directive 96/61/EC;(c) emission reduction objectives for 2008 for emissions of sulphur dioxide and nitrogen oxides from existing large combustion plants, reported by Member States pursuant to Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants(11);(d) emission reductions and reduction commitments by third countries, with particular focus on measures to be taken in the accession candidate countries, and the possibility for further emission reductions in regions in the vicinity of the Community;(e) any new Community legislation and any international regulations concerning ship and aircraft emissions;(f) the development of transport and any further action to control transport emissions;(g) developments in the field of agriculture, new livestock projections and improvements in emission reduction methods in the agricultural sector;(h) any major changes in the energy supply market within a Member State and new forecasts reflecting the actions taken by Member States to comply with their international obligations in relation to climate change;(i) assessment of the current and projected exceedances of critical loads and the WHO's guideline values for ground-level ozone;(j) the possibility of identification of a proposed interim objective for reducing soil eutrophication;(k) new technical and scientific data including an assessment of the uncertainties in:(i) national emission inventories;(ii) input reference data;(iii) knowledge of the transboundary transport and deposition of pollutants;(iv) critical loads and levels;(v) the model used;and an assessment of the resulting uncertainty in the national emission ceilings required to meet the interim environmental objectives mentioned in Article 5.(l) whether there is a need to avoid excessive costs for any individual Member State;(m) a comparison of model calculations with observations of acidification, eutrophication and ground-level ozone with a view to improving models;(n) the possible use, where appropriate, of relevant economic instruments.2. In 2012 the Commission shall report to the European Parliament and the Council on compliance with the ceilings in Annex I and on progress in relation to the interim environmental objectives in Article 5 and the long-term objectives set out in Article 1. Its report shall take account of the reports made by Member States pursuant to Article 8(1) and (2) as well as the matters listed in points (a) to (n) of paragraph 1.Article 10Review1. The reports referred to in Article 9 shall take into account the factors listed in Article 9(1). In the light of these factors, of progress towards attaining the emission ceilings by the year 2010, of scientific and technical progress, and of the situation regarding progress towards attaining the interim objectives of this Directive and the long-term objectives of no exceedance of critical loads and levels and of WHO air quality guidelines for ozone, the Commission shall carry out a review of this Directive in preparation for each report.2. In the review to be completed in 2004 an evaluation will be carried out of the indicative emission ceilings for the Community as a whole set out in Annex II. The evaluation of these indicative ceilings shall be a factor for consideration during analysis of further cost-effective actions that might be taken in order to reduce emissions of all relevant pollutants, with the aim of attaining the interim environmental objectives set out in Article 5, for the Community as a whole by 2010.3. All reviews shall include a further investigation of the estimated costs and benefits of national emission ceilings, computed with state-of-the-art models and making use of the best available data to achieve the least possible uncertainty and taking also into account progress in the enlargement of the European Union, and of the merits of alternative methodologies, in the light of the factors listed in Article 9.4. Without prejudice to Article 18 of Directive 96/61/EC, with the aim of avoiding distortion of competition, and taking into account the balance between benefits and costs of action, the Commission shall examine further the need to develop harmonised Community measures, for the most relevant economic sectors and products contributing to acidification, eutrophication and formation of ground-level ozone.5. The reports referred to in Article 9 will, if appropriate, be accompanied by proposals for:(a) modifications of the national ceilings in Annex I with the aim of meeting the interim environmental objectives of Article 5 and/or for modifications to those interim environmental objectives;(b) possible further emission reductions with the aim of meeting, preferably by 2020, the long-term objectives of this Directive;(c) measures to ensure compliance with the ceilings.Article 11Cooperation with third countriesTo promote the achievement of the objective set out in Article 1, the Commission and Member States, as appropriate, shall, without prejudice to Article 300 of the Treaty, pursue bilateral and multilateral cooperation with third countries and relevant international organisations such as the United Nations Economic Commission for Europe (UNECE), the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), including through the exchange of information, concerning technical and scientific research and development and with the aim of improving the basis for the facilitation of emission reductions.Article 12Reports concerning ship and aircraft emission1. By the end of 2002 the Commission shall report to the European Parliament and Council on the extent to which emissions from international maritime traffic contribute to acidification, eutrophication and the formation of ground-level ozone within the Community.2. By the end of 2004 the Commission shall report to the European Parliament and Council on the extent to which emissions from aircraft beyond the landing and take-off cycle contribute to acidification, eutrophication and the formation of ground-level ozone within the Community.3. Each report shall specify a programme of actions which could be taken at international and Community level as appropriate to reduce emissions from the sector concerned, as a basis for further consideration by the European Parliament and Council.Article 13Committee1. The Commission shall be assisted by the Committee set up by Article 12 of Directive 96/62/EC, hereinafter referred to as "the Committee".2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period referred to in Article 4(3) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 14PenaltiesMember States shall determine the penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties shall be effective, proportionate and dissuasive.Article 15Transposition1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 27 November 2002. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such 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 16Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 17AddresseesThis Directive is addressed to the Member States.Done at Luxembourg, 23 October 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ C 56 E, 29.2.2000, p. 34.(2) OJ C 51, 23.2.2000, p. 11.(3) OJ C 317, 6.11.2000, p. 35.(4) Opinion of the European Parliament of 15 March 2000 (OJ C 377, 29.12.2000, p. 159), Council Common Position of 7 November 2000 (OJ C 375, 28.12.2000, p. 1) and Decision of the European Parliament of 14 March 2001 (not yet published in the Official Journal). Decision of the European Parliament of 20 September 2001 and Decision of the Council of 27 September 2001.(5) OJ C 138, 17.5.1993, p. 1.(6) OJ L 275, 10.10.1998, p. 1.(7) OJ L 297, 13.10.1992, p. 1.(8) OJ L 121, 11.5.1999, p. 13.(9) OJ L 257, 10.10.1996, p. 26.(10) OJ L 184, 17.7.1999, p. 23.(11) See p. 1 of this edition of the Official Journal.ANNEX INational emission ceilings for SO2, NOx, VOC and NH3, to be attained by 2010(1)>TABLE>(1) These national emission ceilings are designed with the aim of broadly meeting the interim environmental objectives set out in Article 5. Meeting those objectives is expected to result in a reduction of soil eutrophication to such an extent that the Community area with depositions of nutrient nitrogen in excess of the critical loads will be reduced by about 30% compared with the situation in 1990.ANNEX IIEmission ceilings for SO2, NOx and VOC (thousand tonnes)>TABLE>These emission ceilings are designed with the aim of attaining the interim environmental objectives set out in Article 5 for the Community as a whole by 2010.ANNEX IIIMethodologies for emission inventories and projectionsMember States shall establish emission inventories and projections using the methodologies agreed upon by the Convention on Long-range Transboundary Air Pollution and are requested to use the joint EMEP/CORINAIR(1) guidebook in preparing these inventories and projections.(1) Air emissions inventory of the European Environment Agency.


Avis juridique important

|

32004L0067

Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply (Text with EEA relevance)

Official Journal L 127 , 29/04/2004 P. 0092 - 0096

Council Directive 2004/67/ECof 26 April 2004concerning measures to safeguard security of natural gas supply(Text with EEA relevance)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),After consulting the Committee of the Regions,Having regard to the opinion of the European Parliament(3),Whereas:(1) Natural gas (gas) is becoming an increasingly important component in Community energy supply, and, as indicated in the Green Paper "Towards a European strategy for the security of energy supply", the European Union is expected in the longer term to become increasingly dependent on gas imported from non-EU sources of supply.(2) Following Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas(4) and Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC(5), the Community gas market is being liberalised. Consequently, regarding security of supply, any difficulty having the effect of reducing gas supply could cause serious disturbances in the economic activity of the Community; for this reason, there is a growing need to ensure security of gas supply.(3) The completion of the internal gas market necessitates a minimum common approach to security of supply, in particular through transparent and non-discriminatory security of supply policies compatible with the requirements of such a market, in order to avoid market distortions. Definition of clear roles and responsibilities of all market players is therefore crucial in safeguarding security of gas supply and the well-functioning of the internal market.(4) Security of supply obligations imposed on companies should not impede the well functioning of the internal market and should not impose unreasonable and disproportionate burden on gas market players, including new market entrants and small market players.(5) In view of the growing gas market in the Community, it is important that the security of gas supply is maintained, in particular as regards household customers.(6) A large choice of instruments are available for the industry and, if appropriate, for Member States, to comply with the security of supply obligations. Bilateral agreements between Member States could be one of the means to contribute to the achievement of the minimum security of supply standards, having due regard to the Treaty and secondary legislation, in particular Article 3(2) of Directive 2003/55/EC.(7) Indicative minimum targets for gas storage could be set either at national level or by the industry. It is understood that this should not create any additional investment obligations.(8) Considering the importance of securing gas supply, i.e. on the basis of long-term contracts, the Commission should monitor the developments on the gas market on the basis of reports from Member States.(9) In order to meet growing demand for gas and diversify gas supplies as a condition for a competitive internal gas market, the Community will need to mobilise significant additional volumes of gas over the coming decades much of which will have to come from distant sources and transported over long distances.(10) The Community has a strong common interest with gas supplying and transit countries in ensuring continued investments in gas supply infrastructure.(11) Long-term contracts have played a very important role in securing gas supplies for Europe and will continue to do so. The current level of long term contracts is adequate on the Community level, and it is believed that such contracts will continue to make a significant contribution to overall gas supplies as companies continue to include such contracts in their overall supply portfolio.(12) Considerable progress has been made in developing liquid trading platforms and through gas release programmes at national level. This trend is expected to continue.(13) The establishment of genuine solidarity between Member States in major emergency supply situations is essential, even more so as Member States become increasingly interdependent regarding security of supply.(14) The sovereign rights of Member States over their own natural resources are not affected by this Directive.(15) A Gas Coordination Group should be established, which should facilitate coordination of security of supply measures at Community level in the event of a major supply disruption, and may also assist member States in coordinating measures taken at a national level. In addition, it should exchange information on security of gas supply on a regular basis, and should consider aspects relevant in the context of a major supply disruption.(16) Member States should adopt and publish national emergency provisions.(17) This Directive should provide rules applicable in the event of a major supply disruption; the foreseeable length of such a supply disruption should cover a significant period of time of at least eight weeks.(18) Regarding the handling of a major supply disruption, this Directive should provide for a mechanism based on a three step approach. The first step would involve the reactions of the industry to the supply disruption; if this were not sufficient, Member States should take measures to solve the supply disruption. Only if the measures taken at stage one and two have failed should appropriate measures be taken at Community level.(19) Since the objective of this Directive, namely ensuring an adequate level for the security of gas supply, in particular in the event of a major supply disruption, whilst contributing to the proper functioning of the internal gas market, cannot, in all circumstances, be sufficiently achieved by the Member States, particularly in light of the increasing interdependency of the Member States regarding security of gas supply, and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,HAS ADOPTED THIS DIRECTIVE:Article 1ObjectiveThis Directive establishes measures to safeguard an adequate level for the security of gas supply. These measures also contribute to the proper functioning of the internal gas market. It establishes a common framework within which Member States shall define general, transparent and non-discriminatory security of supply policies compatible with the requirements of a competitive internal gas market; clarify the general roles and responsibilities of the different market players and implement specific non-discriminatory procedures to safeguard security of gas supply.Article 2DefinitionsFor the purpose of this Directive:1. "long-term gas supply contract" means a gas supply contract with a duration of more than 10 years;2. "major supply disruption" shall mean a situation where the Community would risk to lose more than 20 % of its gas supply from third countries and the situation at Community level is not likely to be adequately managed with national measures.Article 3Policies for securing gas supply1. In establishing their general policies with respect to ensuring adequate levels of security of gas supply, Member States shall define the roles and responsibilities of the different gas market players in achieving these policies, and specify adequate minimum security of supply standards that must be complied with by the players on the gas market of the Member State in question. The standards shall be implemented in a non-discriminatory and transparent way and shall be published.2. Member States shall take the appropriate steps to ensure that the measures referred to in this Directive do not place an unreasonable and disproportionate burden on gas market players and are compatible with the requirements of a competitive internal gas market.3. A non-exhaustive list of instruments for the security of gas supply is given in the Annex.Article 4Security of supply for specific customers1. Member States shall ensure that supplies for household customers inside their territory are protected to an appropriate extent at least in the event of:(a) a partial disruption of national gas supplies during a period to be determined by Member States taking into account national circumstances;(b) extremely cold temperatures during a nationally determined peak period;(c) periods of exceptionally high gas demand during the coldest weather periods statistically occurring every 20 years,These criteria are referred to in this Directive as "security of supply standards".2. Member States may extend the scope of paragraph 1 in particular to small and medium-sized enterprises and other customers that cannot switch their gas consumption to other energy sources, including measures for the security of their national electricity system if it depends on gas supplies.3. A non-exhaustive list in the Annex sets out examples of instruments which may be used in order to achieve the security of supply standards.4. Member States, having due regard to the geological conditions of their territory and the economic and technical feasibility, may also take the necessary measures to ensure that gas storage facilities located within their territory contribute to an appropriate degree to achieving the security of supply standards.5. If an adequate level of interconnection is available, Member States may take the appropriate measures in cooperation with another Member State, including bilateral agreements, to achieve the security of supply standards using gas storage facilities located within that other Member State. These measures, in particular bilateral agreements, shall not impede the proper functioning of the internal gas market.6. Member States may set or require the industry to set indicative minimum targets for a possible future contribution of storage, either located within or outside the Member State, to security of supply. These targets shall be published.Article 5Reporting1. In the report published by Member States pursuant to Article 5 of Directive 2003/55/EC, Member States shall also cover the following:(a) the competitive impact of the measures taken pursuant to Articles 3 and 4 on all gas market players;(b) the levels of storage capacity;(c) the extent of long-term gas supply contracts concluded by companies established and registered on their territory, and in particular their remaining duration, based on information provided by the companies concerned, but excluding commercially sensitive information, and the degree of liquidity of the gas market;(d) the regulatory frameworks to provide adequate incentives for new investment in exploration and production, storage, LNG and transport of gas, taking into account Article 22 of Directive 2003/55/EC as far as implemented by the Member State.2. This information shall be considered by the Commission in the reports that it issues pursuant to Article 31 of Directive 2003/55/EC in the light of the consequences of that Directive for the Community as a whole and the overall efficient and secure operation of the internal gas market.Article 6Monitoring1. The Commission shall monitor, on the basis of the reports referred to in Article 5(1):(a) the degree of new long-term gas supply import contracts from third countries;(b) the existence of adequate liquidity of gas supplies;(c) the level of working gas and of the withdrawal capacity of gas storage;(d) the level of interconnection of the national gas systems of Member States;(e) the foreseeable gas supply situation in function of demand, supply autonomy and available supply sources at Community level concerning specific geographic areas in the Community.2. Where the Commission concludes that gas supplies in the Community will be insufficient to meet foreseeable gas demand in the long term, it may submit proposals in accordance with the Treaty.3. By 19 May 2008 the Commission shall submit a review report to the European Parliament and the Council on the experience gained from the application of this Article.Article 7Gas Coordination Group1. A Gas Coordination Group is hereby established in order to facilitate the coordination of security of supply measure (the Group).2. The Group shall be composed of the representatives of Member States and representative bodies of the industry concerned and of relevant consumers, under the chairmanship of the Commission.3. The Group shall adopt its Rules of Procedure.Article 8National emergency measures1. Member States shall prepare in advance and, if appropriate, update national emergency measures and shall communicate these to the Commission. Member States shall publish their national emergency measures.2. Member States' emergency measures shall ensure, where appropriate, that market players are given sufficient opportunity to provide an initial response to the emergency situation.3. Subject to Article 4(1), Member States may indicate to the Chair of the Group events which they consider, because of their magnitude and exceptional character, cannot be adequately managed with national measures.Article 9Community mechanism1. If an event occurs that is likely to develop into a major supply disruption for a significant period of time, or in the case of an event indicated by a Member State according to Article 8(3), the Commission shall convene the Group as soon as possible, at the request of a Member State or on its own initiative.2. The Group shall examine, and, where appropriate, assist the Member States in coordinating the measures taken at national level to deal with the major supply disruption.3. In carrying out its work, the Group shall take full account of:(a) the measures taken by the gas industry as a first response to the major supply disruption;(b) the measures taken by Member States, such as those taken pursuant to Article 4, including relevant bilateral agreements.4. Where the measures taken at national level referred to in paragraph 3 are inadequate to deal with the effects of an event referred to in paragraph 1, the Commission may, in consultation with the Group, provide guidance to Member States regarding further measures to assist those Member States particularly affected by the major supply disruption.5. Where the measures taken at national level pursuant to paragraph 4 are inadequate to deal with the effects of an event referred to in paragraph 1, the Commission may submit a proposal to the Council regarding further necessary measures.6. Any measures at Community level referred to in this Article shall contain provisions aimed at ensuring fair and equitable compensation of the undertakings concerned by the measures to be taken.Article 10Monitoring of implementation1. By 19 May 2008, the Commission shall, in the light of the manner in which Member States have implemented this Directive, report on the effectiveness of the instruments used with regard to Article 3 and 4 and their effect on the internal gas market and on the evolution of competition on the internal gas market.2. In the light of the results of this monitoring, where appropriate, the Commission may issue recommendations or present proposals regarding further measures to enhance security of supply.Article 11TranspositionMember States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 May 2006. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 12Entry into forceThis Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 13This Directive is addressed to the Member States.Done at Luxembourg, 26 April 2004.For the CouncilThe PresidentJ. Walsh(1) OJ C 331 E, 31.12.2002, p. 262.(2) OJ C 133, 6.6.2003, p. 16.(3) Opinion not yet published in the Official Journal.(4) OJ L 204, 21.7.1998, p. 1.(5) OJ L 176, 15.7.2003, p. 57.ANNEXNon-exhaustive list of instruments to enhance the security of gas supply referred to in Article 3(3) and Article 4(3)- working gas in storage capacity,- withdrawal capacity in gas storage,- provision of pipeline capacity enabling diversion of gas supplies to affected areas,- liquid tradable gas markets,- system flexibility,- development of interruptible demand,- use of alternative back-up fuels in industrial and power generation plants,- cross-border capacities,- cooperation between transmission system operators of neighbouring Member States for coordinated dispatching,- coordinated dispatching activities between distribution and transmission system operators,- domestic production of gas,- production flexibility,- import flexibility,- diversification of sources of gas supply,- long term contracts,- investments in infrastructure for gas import via regasification terminals and pipelines.


Avis juridique important

|

31988L0332

Council Directive 88/332/EEC of 13 June 1988 amending certain Directives on the marketing of seed and propagating material so as to provide for rules for applying the provisions relating to seed and propagating material satisfying less stringent requirements

Official Journal L 151 , 17/06/1988 P. 0082 - 0083 Finnish special edition: Chapter 3 Volume 26 P. 0212  Swedish special edition: Chapter 3 Volume 26 P. 0212

*****COUNCIL  DIRECTIVE  of 13 June 1988  amending certain Directives on the marketing of seed and propagating material so as to provide for rules for applying the provisions relating to seed and propagating material satisfying less stringent requirements  (88/332/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regrd to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the following Directives, which lay down requirements for the marketing of seed and propagating material, contain provisions whereby Member States may be authorized to permit, for a specified period, the marketing of seed or propagating material of a category subject to less stringent requirements, or of seed or propagating material of varieties not included in the common catalogues of varieties of agricultural and vegetable species or in their national catalogues of varieties:  - Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (3), as last amended by Directive 88/95/EEC (4),  - Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (5), as last amended by Directive 87/480/EEC (6),  - Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (7), as last amended by Directive 87/120/EEC (8),  - Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes (9), as last amended by Directive 87/374/EEC (10),  - Council Directive 66/404/EEC of 14 June 1966 on the marketing of forest reproductive material (11), as last amended by Regulation (EEC) No 3768/85 (12),  - Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (13), as last amended by Directive 86/155/EEC (14),  - Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (15), as last amended by Directive 87/480/EEC,  - Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (16), as last amended by Directive 87/481/EEC (17);  Whereas the adoption of rules for the application of those provisions may be considered appropriate for the more efficient functioning thereof;  Whereas it is appropriate for such rules to be adopted under the procedure of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following paragraph is hereby added to Article 17 of Directive 66/400/EEC:  '3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure laid down in Article 21.'  Article 2  The following paragraph is hereby added to Article 17 of Directive 66/401/EEC:  '3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure laid down in Article 21.'  Article 3  The following paragraph is hereby added to Article 17 of Directive 66/402/EEC:  '3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure laid down in Article 21.'  Article 4  The following paragraph is hereby added to Article 16 of Directive 66/403/EEC:  '3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure laid down in Article 19.'  Article 5  The following paragraph is hereby added to Article 15 of Directive 66/404/EEC:  '3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure laid down in Article 17.'  Article 6  The following paragraph is hereby added to Article 14 of Directive 68/193/EEC:  '3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure laid down in Article 17.'  Article 7  The following paragraph is hereby added to Article 16 of Directive 69/208/EEC:  '3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure laid down in Article 20.'  Article 8  The following paragraph is hereby added to Article 33 of Directive 70/458/EEC:  '3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure laid down in Article 40.'  Article 9  This Directive is addressed to the Member States.  Done at Luxembourg, 13 June 1988.  For the Council  The President  I. KIECHLE  (1) OJ No C 287, 14. 11. 1986, p. 4.  (2) OJ No C 7, 12. 1. 1987, p. 298.  (3) OJ No 125, 11. 7. 1966, p. 2290/66.  (4) OJ No L 56, 2. 3. 1988, p. 42.  (5) OJ No 125, 11. 7. 1966, p. 2298/66.  (6) OJ No L 273, 26. 9. 1987, p. 43.  (7) OJ No 125, 11. 7. 1966, p. 2309/66.  (8) OJ No L 49, 18. 2. 1987, p. 39.  (9) OJ No 125, 11. 7. 1966, p. 2320/66.  (10) OJ No L 197, 18. 7. 1987, p. 36.  (11) OJ No 125, 11. 7. 1966, p. 2326/66.  (12) OJ No L 362, 31. 12. 1985, p. 8.  (13) OJ No L 93, 17. 4. 1968, p. 15.  (14) OJ No L 118, 7. 5. 1986, p. 23.  (15) OJ No L 169, 10. 7. 1969, p. 3.  (16) OJ No L 225, 12. 10. 1970, p. 7.  (17) OJ No L 273, 26. 9. 1987, p. 45.


Avis juridique important

|

31987L0308

Commission Directive 87/308/EEC of 2 June 1987 adapting to technical progress Council Directive 76/889/EEC on the approximation of the laws of the Member States relating to radio interference caused by electrical household appliances, portable tools and similar equipment

Official Journal L 155 , 16/06/1987 P. 0024 - 0025

*****COMMISSION  DIRECTIVE  of 2 June 1987  adapting to technical progress Council Directive 76/889/EEC on the approximation of the laws of the Member States relating to radio interference caused by electrical household appliances, portable tools and similar equipement  (87/308/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/889/EEC of 4 November 1976 on the approximation of the laws of the Member States relating to radio interference caused by electrical household appliances, portable tools and similar equipment (1), as last amended by Commission Directive 83/447/EEC (2), and in particular Article 7 (3) thereof,  Whereas in the light of experience gained and technical progress made in the field of radio interference CENELEC has drawn up a new standard updating the requirements contained in the technical Annex to Directive 76/889/EEC;  Whereas in order to simplify the text of Directive 76/889/EEC the reference to CENELEC's new European standard EN 55014 should be included in the technical Annex;  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 for the Elimination of Technical Barriers to Trade in the Sector of Apparatus Producing Radio Interference,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annex to Directive 76/889/EEC is replaced by the Annex to this Directive.  Article 2  The Member States shall by 31 December 1988 adopt and publish the provisions required to comply with this Directive and shall forthwith inform the Commission thereof.  They shall apply these provisions as from the same date as regards the freedom to market and use the equipment provided for in Article 4 of Directive 76/889/EEC, and as from 31 December 1989 as regards the ban on marketing referred to in Article 2 thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 2 June 1987.  For the Commission  COCKFIELD  Vice-President  (1) OJ No L 336, 4. 12. 1976, p. 1.  (2) OJ No L 247, 7. 9. 1983, p. 10.  ANNEX  1.2 // 1. (1)   // SCOPE   // 1.1.   // These provisions shall apply to electrical household appliances, portable tools and other electrical equipment causing similar types of interference, continuous or discontinuous, such as office machines, cine or slide projectors, record players, milking machines, motor-operated electromedical apparatus, regulating controls incorporating semiconductors, electric fences, vending machines and slot machines, etc., excluding appliances using in-built batteries.   // 1.2.   // Procedures are given for the measurement of interference and limits are laid down within the frequency range 0,15 to 300 MHz. There must be 80 % confidence that at least 80 % of the series-produced appliances comply with these limits.   // 1.3.   // Portable tools with a rated power exceeding 2 kW and regulating controls incorporating semiconductors with a rated input current exceeding 16 A are excluded from the scope of this Directive.   // 1.4.  // Unattached motors, sold as such, are also excluded from the provisions of item 3. They shall carry a label drawing the attention of the user to the fact that he is responsible for any action necessary to ensure that his equipment complies with the requirements laid down.   // 2.   // DEFINITIONS   //  // For the purpose of this Directive the following definitions shall apply.   // 2.1.   // Continuous radio interference   //  // An electromagnetic disturbance in the radio-frequency range, caused by either impulsive or random noise or both, lasting for more than 200 ms. The propagation of radio interference may be either by radiation or by conduction.  // 2.2.   // Discontinuous radio interference   //   // Radio interference which is not continuous.   // 3.   // REQUIREMENTS APPLICABLE TO RADIO INTERFERENCE   //   // Equipment covered in the scope of this Directive shall comply with the following standards:  EUROPEAN STANDARD  (drawn up by CENELEC, rue Brederode 2, boîte 5, 1000 Bruxelles)  1.2.3.4 //  //  //  //  // Number   // Title  // Edition  // Date   //    //   //   //   // EN 55014   // Limits and methods of measurement of radio interference characteristics of household electrical appliances, portable tools and similar electrical apparatus   // 1   // February 1987   //    //   //  //  (1) Point 1 of the Annex to Council Directive 76/889/EEC.