title: Commission Directive 2007/7/EC of 14 February 2007 amending certain Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards the maximum residue levels of atrazine, lambda-cyhalothrin, phenmedipham, methomyl, linuron, penconazole, pymetrozine, bifenthrin and abamectin (Text with EEA relevance )

text:
               15.2.2007

               EN

               Official Journal of the European Union

               L 43/19

      COMMISSION DIRECTIVE 2007/7/EC
   of 14 February 2007
   amending certain Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards the maximum residue levels of atrazine, lambda-cyhalothrin, phenmedipham, methomyl, linuron, penconazole, pymetrozine, bifenthrin and abamectin
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), and in particular Article 10 thereof,
   Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (2), and in particular Article 7 thereof,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (3), and in particular Article 4(1)(f) thereof
   Whereas:

               (1)

               In accordance with Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States. Such authorisations have to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops.

               (2)

               Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake.

               (3)

               MRLs for pesticides covered by Directives 86/363/EEC and 90/642/EEC are to be kept under review and may be modified to take account of new or changed uses. Information about new or changed uses has been communicated to the Commission which will lead to changes in the residue levels of lambda-cyhalothrin, phenmedipham, methomyl, linuron, penconazole and pymetrozine.

               (4)

               The lifetime exposure of consumers to those pesticides via food products that may contain residues of those pesticides, has been assessed and evaluated in accordance with the procedures and practices used within the Community, taking account of guidelines published by the World Health Organisation (4). In this evaluation it was taken into account that abamectin is also used as veterinary medicine intended for food-producing animals and that maximum residue limits have been established for that substance in accordance with Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (5). Based on that assessment and those evaluations, the MRLs for those pesticides should be set so as to ensure that the acceptable daily intake is not exceeded.

               (5)

               In the case of lambda-cyhalothrin, methomyl, linuron and pymetrozine, for which an acute reference dose (ARfD) exists, the acute exposure of consumers via each of the food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices currently used within the Community, taking account of guidelines published by the World Health Organisation. The opinions of the Scientific Committee on Plants, in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides (6), have been taken into account. Based on the dietary intake assessment, the MRLs for those pesticides should be fixed so as to ensure that the ARfD will not be exceeded. In the case of the other substances, an assessment of the available information has shown that no ARfD is required and that therefore a short-term assessment is not needed.

               (6)

               As regards atrazine on cereals, new information has become available since the adoption of Commission Directive 2006/61/EC of 7 July 2006 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for atrazine, azinphos-ethyl, cyfluthrin, ethephon, fenthion, methamidophos, methomyl, paraquat and triazophos (7) which shows that a higher MRL than inserted by that Directive into Directive 86/362/EEC is safe for the consumers. The MRL inserted by Directive 2006/61/EC should therefore be replaced by a higher one.

               (7)

               Where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data, MRLs should be fixed at the lower limit of analytical determination.

               (8)

               Therefore it is appropriate to fix new MRLs for those pesticides.

               (9)

               The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for phenmedipham, linuron, penconazole and pymetrozin in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI thereto. It is considered that a period of four years is sufficient to permit further uses of these substances. The provisional Community MRL should then become definitive.

               (10)

               Directive 90/642/EEC should therefore be amended accordingly.

               (11)

               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 II to Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
   Article 2
   Annex II to Directive 90/642/EEC is amended in accordance with Annex II to this Directive.
   Article 3
   1.   As regards Article 1, Member States shall adopt and publish by 20 January 2007 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 21 January 2007.
   2.   As regards Article 2, Member States shall adopt and publish by 15 August 2007 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 16 August 2007.
   3.   When Member States adopt the provisions referred to in paragraphs 1 and 2, 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.
   4.   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 4
   This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 14 February 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2006/92/EC (OJ L 311, 10.11.2006, p. 31).

      (2)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2006/92/EC.

      (3)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/136/EC (OJ L 349, 12.12.2006, p. 42).

      (4)  Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).

      (5)  OJ L 224, 18.8.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 1831/2006 (OJ L 354, 14.12.2006, p. 5).

      (6)  Opinion regarding questions relating to amending the annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the SCP, 14 July 1998); Opinion regarding variable pesticide residues in fruit and vegetables (Opinion expressed by SCP on 14 July 1998) http://europa.eu.int/comm/food/fs/sc/scp/outcome_ppp_en.html

      (7)  OJ L 206, 27.7.2006, p. 12.

      ANNEX I
      In Part A of Annex II to Directive 86/362/EEC, the line for atrazine is replaced by the following:

                     Pesticide residues

                     Maximum level in mg/kg

                     ‘Atrazine

                     0,1 (1)

                     CEREALS

         (1)  Indicates that the maximum residue level has been established temporarily until 1 January 2008 pending data to be submitted by the applicant. If no data has been received by that date, the MRL will be withdrawn by a Directive or a Regulation.’

      ANNEX II
      In part A of Annex II to Directive 90/642/EEC, the columns for lambda-cyhalothrin, phenmedipham, methomyl, linuron, penconazole, pymetrozine, bifenthrin and abamectin, are replaced by the following:

                     Pesticide residue and maximum residue level (mg/kg)

                     Groups and examples of individual products to which the MRLs would apply

                     Lambda-cyhalothrin

                     Phenmedipham

                     Methomyl/Thiodicarb
                     (sum expressed as methomyl)

                     Linuron

                     Penconazole

                     Pymetrozine

                     Bifenthrin

                     Abamectin
                     (sum of avermectin B1a, avermectin B1b and delta-8,9 isomer of avermectin B1a)

                                 ‘1.

                                 Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts

                     0,05 (1)
                         (2)

                                 (i)

                                 CITRUS FRUIT

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,3

                     0,1

                     0,01 (1)

                     Grapefruit

                     0,1

                     0,5

                     Lemons

                     0,2

                     1

                     Limes

                     0,2

                     1

                     Mandarins (including clementines and other hybrids)

                     0,2

                     1

                     Oranges

                     0,1

                     0,5

                     Pomelos

                     0,1

                     0,5

                     Others

                     0,02 (1)

                     0,05 (1)

                                 (ii)

                                 TREE NUTS (shelled or unshelled)

                     0,05 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                     Almonds

                     Brazil nuts

                     Cashew nuts

                     Chestnuts

                     Coconuts

                     Hazelnuts

                     Macadamia

                     Pecans

                     Pine nuts

                     Pistachios

                     Walnuts

                     Others

                                 (iii)

                                 POME FRUIT

                     0,1

                     0,05 (1)
                         (2)

                     0,2

                     0,2

                     0,02 (1)

                     0,3

                     0,01 (1)

                     Apples

                     Pears

                     Quinces

                     Others

                                 (iv)

                                 STONE FRUIT

                     0,05 (1)
                         (2)

                     0,2

                     0,01 (1)

                     Apricots

                     0,2

                     0,2

                     0,1

                     0,05

                     Cherries

                     0,1

                     Peaches (including nectarines and similar hybrids)

                     0,2

                     0,2

                     0,1

                     0,05

                     Plums

                     0,5

                     Others

                     0,1

                     0,05 (1)

                     0,05 (1)

                     0,02 (1)

                                 (v)

                                 BERRIES AND SMALL FRUIT

                                 (a)

                                 Table and wine grapes

                     0,2

                     0,05 (1)
                         (2)

                     0,2

                     0,02 (1)

                     0,2

                     0,01 (1)

                     Table grapes

                     0,05 (1)

                     Wine grapes

                     1

                                 (b)

                                 Strawberries (other than wild)

                     0,5

                     0,1 (2)

                     0,05 (1)

                     0,05 (1)

                        0,5

                     0,5

                     0,1

                                 (c)

                                 Cane fruit (other than wild)

                     0,02 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)

                     Blackberries

                        3

                     0,3

                     0,1

                     Dewberries

                     Loganberries

                     Raspberries

                        3

                     0,3

                     0,1

                     Others

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                                 (d)

                                 Other small fruit and berries (other than wild)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,01 (1)

                     Bilberries

                     0,02 (1)

                     Cranberries

                     0,02 (1)

                     Currants (red, black and white)

                     0,1

                     0,5

                        0,1

                     0,5

                     Gooseberries

                     0,1

                     Others

                     0,02 (1)

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                                 (e)

                                 Wild berries and wild fruit

                     0,2

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                                 (vi)

                                 MISCELLANEOUS

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)

                     0,02 (1)

                     Avocados

                     Bananas

                     0,1

                     Dates

                     Figs

                     Kiwi

                     Kumquats

                     Litchis

                     Mangoes

                        0,3

                     Olives (table consumption)

                        0,5

                     Olives (oil extraction)

                        0,5

                     Papaya

                        0,5

                        0,05

                     Passion fruit

                     Pineapples

                     Pomegranate

                     Others

                        0,02
                         (1)

                     0,05 (1)

                     0,01 (1)

               2.   Vegetables, fresh or uncooked, frozen or dry

                                 (i)

                                 ROOT AND TUBER VEGETABLES

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                     Beetroot

                     0,1 (2)

                     Carrots

                     0,2 (2)

                     Cassava

                     Celeriac

                     0,1

                     0,5 (2)

                     Horseradish

                     Jerusalem artichokes

                     Parsnips

                     0,2 (2)

                     Parsley root

                     0,2 (2)

                     Radishes

                     0,1

                     0,5

                     Salsify

                     Sweet potatoes

                     Swedes

                     Turnips

                     Yam

                     Others

                     0,02 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)
                         (2)

                                 (ii)

                                 BULB VEGETABLES

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                     Garlic

                     Onions

                     Shallots

                     Spring onions

                     0,05

                     Others

                     0,02 (1)

                                 (iii)

                                 FRUITING VEGETABLES

                     0,05 (1)
                         (2)

                     0,05 (1)
                         (2)

                                 (a)

                                 Solanacea

                     0,2

                     Tomatoes

                     0,1

                     0,2

                        0,1

                     0,5

                     0,02

                     Peppers

                     0,1

                        0,2

                        0,2

                     1

                     0,05

                     Aubergines

                     0,5

                     0,2

                        0,1

                     0,5

                     0,02

                     Okra

                     Others

                     0,02 (1)

                     0,05 (1)

                        0,05
                         (1)

                     0,02 (1)

                     0,01 (1)

                                 (b)

                                 Cucurbits — edible peel

                     0,1

                     0,05 (1)

                        0,1

                     0,5

                     0,1

                     0,02

                     Cucumbers

                     Gherkins

                     Courgettes

                     Others

                                 (c)

                                 Cucurbits — inedible peel

                     0,05

                     0,05 (1)

                     0,1

                     0,2

                     0,05 (1)

                     0,01 (1)

                     Melons

                     Squashes

                     Watermelons

                     Others

                                 (d)

                                 Sweetcorn

                     0,05

                     0,05 (1)

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                                 (iv)

                                 BRASSICA VEGETABLES

                     0,05 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,01 (1)

                                 (a)

                                 Flowering brassica

                     0,1

                     0,02 (1)

                     0,2

                     Broccoli (including Calabrese)

                     0,2

                     Cauliflower

                     Others

                     0,05 (1)

                                 (b)

                                 Head brassica

                     0,05 (1)

                     1

                     Brussels sprouts

                     0,05

                     Head cabbage

                     0,2

                     0,05

                     Others

                     0,02 (1)

                     0,02 (1)

                                 (c)

                                 Leafy brassica

                     1

                     0,05 (1)

                     0,2

                     0,05 (1)

                     Chinese cabbage

                     Kale

                     Others

                                 (d)

                                 Kohlrabi

                     0,02 (1)

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                                 (v)

                                 LEAF VEGETABLES AND FRESH HERBS

                     0,05 (1)

                                 (a)

                                 Lettuce and similar

                     1

                     0,05 (1)
                         (2)

                     0,05 (1)
                         (2)

                     2

                     2

                     0,1

                     Cress

                     Lamb's lettuce

                     Lettuce

                     0,3

                     Scarole (broad-leaf endive)

                     Ruccola

                     Leaves and stems of brassica

                     Others

                     0,05 (1)

                                 (b)

                                 Spinach and similar

                     0,5

                     0,5 (2)

                     0,05 (1)
                         (2)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                     Spinach

                     0,05

                     Beet leaves (chard)

                     Others

                     0,05 (1)

                                 (c)

                                 Watercress

                     0,02 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)
                         (2)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                                 (d)

                                 Witloof

                     0,02 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)
                         (2)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                                 (e)

                                 Herbs

                     1

                        7

                     0,3

                     1 (2)

                     1

                     0,05 (1)

                        1

                     Chervil

                     Chives

                     Parsley

                     Celery leaves

                     Others

                                 (vi)

                                 LEGUME VEGETABLES (fresh)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)

                     1

                     0,01 (1)

                     Beans (with pods)

                     0,2

                     0,50

                     Beans (without pods)

                     0,1 (2)

                     Peas (with pods)

                     0,2

                     0,1

                     Peas (without pods)

                     0,2

                     0,1 (2)

                     Others

                     0,02 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                                 (vii)

                                 STEM VEGETABLES (fresh)

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                     Asparagus

                     Cardoons

                     Celery

                     0,3

                     0,1 (2)

                     Fennel

                        0,3

                     0,1 (2)

                     Globe artichokes

                     0,2 (2)

                     0,2

                     Leeks

                     0,3

                     Rhubarb

                     Others

                     0,02 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)
                         (2)

                     0,05 (1)

                                 (viii)

                                 FUNGI

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                                 (a)

                                 Cultivated mushrooms

                     0,02 (1)

                                 (b)

                                 Wild mushrooms

                     0,5

                                 3.

                                 Pulses

                     0,02 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                     Beans

                     Lentils

                     Peas

                     Lupines

                     Others

                                 4.

                                 Oilseeds

                     0,02 (1)

                     0,1 (1)
                         (2)

                     0,1 (1)
                         (2)

                     0,05 (1)

                     0,1 (1)

                     0,02 (1)

                     Linseed

                     Peanuts

                     0,1

                     Poppy seed

                     Sesame seed

                     Sunflower seed

                     Rapeseed

                     Soya bean

                     0,1

                     Mustard seed

                     Cotton seed

                     0,1

                     0,05

                     Hemp seed

                     Others

                     0,05 (1)

                     0,02 (1)

                                 5.

                                 Potatoes

                     0,02 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,05 (1)
                         (2)

                     0,05 (1)

                     0,02 (1)

                     0,05 (1)

                     0,01 (1)

                     Early potatoes

                     Ware potatoes

                                 6.

                                 Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis)

                     1

                     0,1 (1)
                         (2)

                     0,1 (1)

                     0,1 (1)
                         (2)

                     0,1 (1)

                     0,1 (1)

                     5

                     0,02 (1)

                                 7.

                                 Hops (dried), including hop pellets and unconcentrated powder

                     10

                     0,1 (1)
                         (2)

                     10

                     0,1 (1)
                         (2)

                     0,5

                     15

                     10

                     0,05

         (1)  Indicates lower limit of analytical determination.

         (2)  Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 7 March 2011.’


Avis juridique important

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31980L1189

Council Directive 80/1189/EEC of 4 December 1980 providing for the technical adaptation, consequent upon the accession of the Hellenic Republic to the European Communities, of Directive 67/548/EEC on dangerous substances

Official Journal L 366 , 31/12/1980 P. 0001 - 0029 Finnish special edition: Chapter 13 Volume 11 P. 0019  Greek special edition: Chapter 15 Volume 2 P. 0010  Swedish special edition: Chapter 13 Volume 11 P. 0019  Spanish special edition: Chapter 13 Volume 11 P. 0092  Portuguese special edition Chapter 13 Volume 11 P. 0092

COUNCIL DIRECTIVE  of 4 December 1980  providing for the technical adaptation, consequent upon the accession of the Hellenic Republic to the European Communities, of Directive 67/548/EEC on dangerous substances  (80/1189/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the 1979 Act of Accession, in particular Article 146 thereof,  Whereas amendments should be made to Annexes I to IV of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1) amended principally by Commission Directives 76/907/EEC (2) and 79/370/EEC (3) and last amended by Council Directive 79/831/EEC (4) by the addition of the Greek versions of the names of the relevant dangerous substances and of the other expressions laid down for the labelling of those substances,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Greek texts set out in Annexes I to IV of this Directive shall be added to Annexes I to IV respectively of Directive 67/548/EEC.   Article 2 Member States shall adopt and publish before 1 January 1981 the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  They shall apply such provisions with effect from the accession of the Hellenic Republic.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 4 December 1980.  For the Council  The President  J. BARTHEL  (1)OJ No 196, 16.8.1967, p. 1. (2)OJ No L 360, 30.12.1976, p. 1. (3)OJ No L 88, 7.4.1979, p. 1. (4)OJ No L 259, 15.10.1979, p. 10.     ANNEX I List of dangerous substances classified in the order of the atomic number of the element most characteristic of their properties  Table A  >PIC FILE= "T0014123">    Table B  >PIC FILE= "T0014124">    >PIC FILE= "T0014125">    >PIC FILE= "T0014126">    >PIC FILE= "T0014127">    >PIC FILE= "T0014128">    >PIC FILE= "T0014129">    >PIC FILE= "T0014130">    >PIC FILE= "T0014131">    >PIC FILE= "T0014132">    >PIC FILE= "T0014133">    >PIC FILE= "T0014134">    >PIC FILE= "T0014135">    >PIC FILE= "T0014136">    >PIC FILE= "T0014137">    >PIC FILE= "T0014138">    >PIC FILE= "T0014139">    >PIC FILE= "T0014140">    >PIC FILE= "T0014141">    >PIC FILE= "T0014142">    >PIC FILE= "T0014143">    >PIC FILE= "T0014144">    >PIC FILE= "T0014145">     ANNEX II >PIC FILE= "T0014146"> ANNEX III >PIC FILE= "T0014147""PIC FILE= "T0014148">     ANNEX IV >PIC FILE= "T0014149""PIC FILE= "T0014150">


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31990L0487

Council Directive 90/487/EEC of 17 September 1990 amending Directive 79/196/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection

Official Journal L 270 , 02/10/1990 P. 0023 - 0024 Finnish special edition: Chapter 13 Volume 19 P. 0248  Swedish special edition: Chapter 13 Volume 19 P. 0248

*****COUNCIL  DIRECTIVE  of 17 September 1990  amending Directive 79/196/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection  (90/487/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission, in cooperation with the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas Council Directive 76/117/EEC of 18 December 1975 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres (3), as last amended by the Act of Accession of Spain and Portugal to the Community has, in particular, set out the inspection procedures which this equipment must satisfy in order to be imported, put on the market and used freely after undergoing the tests and being provided with the mark and marking prescribed;  Whereas Article 4 (4) of Directive 76/117/EEC provides that separate Directives shall specify the harmonized standards applicable in all the Member States in respect of such equipment;  Whereas Directive 79/196/EEC (4), as last amended by Directive 88/665/EEC (5), achieved the free movement of electrical equipment by applying the types of protection listed in Article 1 thereof, and lists in detail in Annex 1 the relevant harmonized standards;  Whereas, in view of the current state of the art, harmonized standards for other types of protection and for specific equipment are available; whereas, in order to achieve the free movement of equipment employing these new types of protection, it is necessary to extend the scope of Directive 79/196/EEC to include those types; whereas it is therefore necessary to amend the said Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 79/196/EEC is hereby amended as follows:  1. the following is added to Article 1:  '- encapsulation ''m"  - intrinsically safe electrical systems ''i",';  2. references to the following European standards are added to Annex I:  1.2.3.4 //  //  //  //  // 'EN 50028   // Electrical apparatus for potentially explosive atmospheres: encapsulation ''m"   // 1   // February 1987   // EN 50039   // Electrical apparatus for potentially explosive atmospheres: intrinsically safe electrical systems ''i"   // 1   // March 1980   // EN 50050   // Electrostatic hand-held spraying equipment   // 1  // January 1986   // EN 50053 PART 1   // Hand-held electrostatic paint spray guns with an energy limit of 0,24 mJ and their associated apparatus   // 1   // February 1987 (*)  // EN 50053 PART 2   // Hand-held electrostatic powder spray guns with an energy limit of 5 mJ and their associated apparatus   // 1   // June 1989 (*)   // EN 50053 PART 3  // Held-held electrostatic flock spray guns with an energy limit of 0,24 mJ or 5 mJ and their associated apparatus   // 1  // June 1989 (*)   //    //   //   //  (*) Only the paragraphs dealing with the construction of apparatus, provided for in standards EN 50053 parts 1, 2 and 3, shall apply.'  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 1992. They shall forthwith inform the Commission thereof.  Member States shall communicate the texts of the provisions of national law which they adopt in the field covered by this Directive to the Commission.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 17 September 1990.  For the Council  The President  P. ROMITA  (1) OJ No C 149, 18. 6. 1990, p. 143 and Decision of 12 September 1990 (not yet published in the Official Journal).  (2) OJ No C 168, 10. 7. 1990, p. 4.  (3) OJ No L 24, 30. 1. 1976, p. 45.  (4) OJ No L 43, 20. 2. 1979, p. 20.  (5) OJ No L 382, 31. 12. 1988, p. 42.


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31981L0022

Council Directive 81/22/EEC of 20 January 1981 extending the period of validity of Directive 78/338/EEC on aid to shipbuilding

Official Journal L 043 , 14/02/1981 P. 0014 - 0014

++++COUNCIL DIRECTIVE  OF 20 JANUARY 1981  EXTENDING THE PERIOD OF VALIDITY OF DIRECTIVE 78/338/EEC ON AID TO SHIPBUILDING   ( 81/22/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 92 ( 3 )  ( D ) AND 113 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  WHEREAS COUNCIL DIRECTIVE 78/338/EEC OF 4 APRIL 1978 ON AID TO SHIPBUILDING ( 1 ) EXPIRES ON 31 DECEMBER 1980 ;  WHEREAS ON 25 SEPTEMBER 1980 THE COMMISSION SUBMITTED TO THE COUNCIL A PROPOSAL FOR A DIRECTIVE ON AID TO SHIPBUILDING ; WHEREAS THIS PROPOSAL IS EXTREMELY COMPLEX AND COVERS AREAS NOT COVERED BY PREVIOUS DIRECTIVES ;  WHEREAS IN VIEW OF THE COMPLEXITY OF THE COMMISSION PROPOSAL IT SEEMS IMPOSSIBLE FOR THE COUNCIL TO REACH A DECISION ON THE PROPOSAL BEFORE 31 DECEMBER 1980 , THE DATE OF EXPIRY OF DIRECTIVE 78/338/EEC ;  WHEREAS PROVISION SHOULD THEREFORE BE MADE FOR AN EXTENSION OF THE PERIOD OF VALIDITY OF DIRECTIVE 78/338/EEC ; WHEREAS A THREE-MONTH EXTENSION SHOULD ALLOW THE COUNCIL TO REACH A DECISION ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE PERIOD OF VALIDITY OF DIRECTIVE 78/338/EEC SHALL BE EXTENDED UNTIL 31 MARCH 1981 .  ARTICLE 2  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 20 JANUARY 1981 .  FOR THE COUNCIL  THE PRESIDENT  CH . A . VAN DER KLAAUW  ( 1 ) OJ NO L 98 , 11 . 4 . 1978 , P . 19 .


title: Council Directive 2007/75/EC of 20 December 2007 amending Directive 2006/112/EC with regard to certain temporary provisions concerning rates of value added tax

text:
               29.12.2007

               EN

               Official Journal of the European Union

               L 346/13

      COUNCIL DIRECTIVE 2007/75/EC
   of 20 December 2007
   amending Directive 2006/112/EC with regard to certain temporary provisions concerning rates of value added tax
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 93 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Having regard to the Opinion of the European Economic and Social Committee,
   Whereas:

               (1)

               Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2) provides for certain derogations with respect to VAT rates. Some of the derogations expire on a fixed date, while others last until the adoption of definitive arrangements.

               (2)

               The derogations with respect to VAT rates provided for by Directive 2006/112/EC in conformity with the 2003 Act of Accession, and which allow for the smooth adaptation of the economies of certain new Member States to the internal market, have a fixed date and expire shortly.

               (3)

               A number of these new Member States have expressed their wish to apply the derogations from which they thus benefit for a further period.

               (4)

               In view of the pending debate on the use of reduced rates and the legislative proposal to be presented by the Commission, it is appropriate to extend certain derogations until the end of 2010, the date to which the experiment on the application of a reduced rate to labour-intensive services has been extended.

               (5)

               Directive 2006/112/EC should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   With effect from 1 January 2008, Directive 2006/112/EC is hereby amended as follows:

               1.

               Article 123 shall be replaced by the following:
               ‘Article 123
               The Czech Republic may, until 31 December 2010, continue to apply a reduced rate of not less than 5 % to the supply of construction work for residential housing not provided as part of a social policy, excluding building materials.’;

               2.

               Article 124 shall be deleted;

               3.

               in Article 125(1) and (2), the words ‘until 31 December 2007’ shall be replaced by ‘until 31 December 2010’;

               4.

               Article 126 shall be deleted;

               5.

               in Article 127, ‘1 January 2010’ shall be replaced by ‘31 December 2010’;

               6.

               Article 128 shall be replaced by the following:
               ‘Article 128
               1.   Poland may, until 31 December 2010, grant an exemption with deductibility of VAT paid at the preceding stage in respect of the supply of certain books and specialist periodicals.
               2.   Poland may, until 31 December 2010 or until the introduction of definitive arrangements, as referred to in Article 402, whichever is the earlier, continue to apply a reduced rate of not less than 7 % to the supply of restaurant services.
               3.   Poland may, until 31 December 2010, continue to apply a reduced rate of not less than 3 % to the supply of foodstuffs as referred to in point (1) of Annex III.
               4.   Poland may, until 31 December 2010, continue to apply a reduced rate of not less than 7 % to the supply of services, not provided as part of a social policy, for construction, renovation and alteration of housing, excluding building materials, and to the supply before first occupation of residential buildings or parts of residential buildings, as referred to in Article 12(1)(a).’;

               7.

               in Article 129(1) and (2), the words ‘until 31 December 2007’ shall be replaced by ‘until 31 December 2010’;

               8.

               Article 130 shall be deleted.

         Article 2
   Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 20 December 2007.

            For the Council

            The President

         F. NUNES CORREIA

      (1)  Opinion of 11 December 2007 (not yet published in the Official Journal).

      (2)  OJ L 347, 11.12.2006, p. 1. Directive as amended by Directive 2006/138/EC (OJ L 384, 29.12.2006, p. 92).


Avis juridique important

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31994L0018

Directive 94/18/EC of the European Parliament and of the Council of 30 May 1994 amending Directive 80/390/EEC coordinating the requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock-exchange listing, with regard to the obligation to publish listing particulars

Official Journal L 135 , 31/05/1994 P. 0001 - 0004 Finnish special edition: Chapter 6 Volume 4 P. 0224  Swedish special edition: Chapter 6 Volume 4 P. 0224

DIRECTIVE  94/18/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 1994 amending Directive 80/390/EEC  coordinating the requirements for the drawing up, scrutiny and distribution of the listing  particulars to be published for the admission of securities to official stock-exchange listing,  with regard to the obligation to publish listing particularsTHE EUROPEAN  PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 54  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), Whereas one of the main goals of the Directive in the field of securities listing is to create the  conditions for greater interpenetration of securities markets in the Community by removing those  obstacles that may prudently be removed; Whereas cross-border listing within the Community is one of the available means of making such  interpenetration a reality; Whereas a major difficulty in seeking admission to listing in other Member States is the lengthy  procedures, as well as the costs associated with the publication of listing particulars as required  by Council Directive 80/390/EEC of 17 March 1980 coordinating the requirements for the drawing up,  scrutiny and distribution of the listing particulars to be published for the admission of  securities to official stock-exchange listing (4); Whereas Council Directive 87/345/EEC of 22 June 1987 amending Directive 80/390/EEC coordinating the  requirements for the drawing up, scrutiny and distribution of the listing particulars to be  published for the admission of securities to official stock-exchange listing (5), which provides  for the mutual recognition of listing particulars when admission is sought simultaneously in two or  more Member States, was an important step in the simplification of cross-border listing  procedures; Whereas Council Directive 90/211/EEC of 23 April 1990 amending Directive 80/390/EEC in respect of  the mutual recognition of public-offer prospectuses as stock-exchange listing particulars (6),  which recognizes a public-offer prospectus as listing particulars when admission to official  listing is requested within a short period of the public offer, was another important step in the  same direction; Whereas every new measure simplifying cross-border procedures even further may accelerate the  interpenetration of securities markets in the Community; Whereas Article 6 of Directive 80/390/EEC already defines a number of instances in which competent  authorities may provide for partial or complete exemption from the obligation to publish listing  particulars; whereas such partial or complete exemptions, which mainly concern cases in which  securities of the same class are already listed on an official exchange in the same country and  therefore have no application to most cross-border cases, are provided for on the assumption that  investors in that country are already partially or fully protected because up-to-date, reliable  information, partial or full, concerning the companies in question is already widely circulated and  available; Whereas the faculty provided for in this Directive is a useful measure in that it complies with the  principle of the protection of investors while ensuring proper operation of the markets; Whereas it seems appropriate to provide for the possibility for the Member State in which admission  to official listing is sought in certain cases to grant partial or complete exemption from the  obligation to publish listing particulars to issuers the securities of which have already been  admitted to official stock-exchange listing in another Member State; Whereas companies which have already been listed in the Community for some time and are of high  quality and international standing are the most likely candidates for cross-border listing; whereas  those companies are generally well known in most Member States; whereas information concerning them  is widely circulated and available; Whereas the aim of Directive 80/390/EEC is to ensure that sufficient information is provided for  investors; whereas, therefore, when such a company seeks to have its securities admitted to listing  in a host Member State, investors operating on the market in that country may be sufficiently  protected by receiving only simplified information rather than full listing particulars; Whereas Member States may find it useful to establish non-discriminatory minimum quantitative  criteria, such as the current equity market capitalization, which issuers must fulfil to be  eligible to benefit from the possibilities for exemption provided for in this Directive; whereas,  given the increasing integration of securities markets, it should equally be open to the competent  authorities to give smaller companies similar treatment; Whereas, furthermore, many stock exchanges have second-tier markets in order to deal in shares of  companies not admitted to official listing; whereas in some cases the second-tier markets are  regulated and supervised by authorities recognized by public bodies that impose on companies  disclosure requirements equivalent in substance to those imposed on officially listed companies;  whereas, therefore, the principle underlying Article 6 of Directive 80/390/EEC could also be  applied when such companies seek to have their securities admitted to official listing; Whereas the measures contemplated represent true added value measured in terms of higher efficiency  in the operation of Community securities markets, resulting from the adaptation of existing  Community legislation to new market needs and realities; whereas those measures, by providing  sufficient new ground for the exclusive responsibility of the competent authorities in each Member  State, while still maintaining an adequate level of regulation at Community level, also represent  for the time being the most appropriate answer to the new needs in the field of the admission of  securities to official listing; Whereas the system provided for in Council Directive 79/279/EEC of 5 March 1979 coordinating the  conditions for the admission of securities to official stock-exchange listing (1), is not affected  by the partial or complete exemption from the obligation to publish listing particulars  contemplated in this Directive; Whereas in order to protect investors the documents intended to be made available to the public  must first be sent to the competent authorities in the Member State in which admission to official  listing is sought; whereas it is for that Member State to decide whether those documents should be  scrutinized by its competent authorities and to determine, if necessary, the nature and the manner  in which that scrutiny should be carried out, HAVE ADOPTED THIS DIRECTIVE: Article 1 Directive 80/390/EEC is hereby amended as follows: 1. In Article 6, the following paragraphs shall be added: '4. where (a) the securities or the shares of the issuer or certificates representing such shares have been  officially listed in another Member State for not less than three years before the application for  admission to official listing; (b) to the satisfaction of the competent authorities of the Member State in which admission to  official listing is sought, the competent authorities of the Member State or Member States in which  the issuer's securities are officially listed have confirmed that during the preceding three years  or during the entire time the issuer's securities have been listed, if that is less than three  years, the issuer has complied with all the requirements concerning information and admission to  listing imposed by Community Directives on companies the securities of which are officially  listed; (c) all the following are published in the manner stipulated in Articles 20 and 21 (1): (i) a document containing the following information: - a statement that application has been made for admission of the securities to official listing.  In the case of shares, the statement shall also specify the number and class of the shares in  question and give a concise description of the rights attaching thereto. In the case of  certificates representing shares the statement shall also specify the rights attaching to the  original securities and give information concerning the possibility of converting the certificates  into original securities and the procedure for that conversion. In the case of debt securities the  statement shall also specify the nominal amount of the loan (if that amount is not fixed, a  statement to that effect shall be made) and the conditions and terms of the loan; except in the  case of continuous issues, the issue and redemption prices and the nominal interest rate (if  several interest rates are provided for, an indication of the conditions governing changes in the  rate); in the case of convertible debt securities, exchangeable debt securities, debt securities  with warrants or warrants the statement shall also specify the nature of the shares offered by way  of conversion, exchange or subscription, the rights attaching thereto, the conditions of and  procedures for conversion, exchange or subscription and details of the circumstances in which they  may be amended, - details of any significant change or development which has occurred since the date to which the  documents referred to in (ii) and (iii) relate, - information specific to the market in the country in which admission is sought concerning in  particular the income tax system, the paying agent for the issuer and the ways in which notices to  investors are published, and - a declaration by the persons responsible for the information given in accordance with the first  three indents that such information is in accordance with the facts and includes no omissions  likely to affect the import of the document; (ii) the latest annual report, the latest audited annual accounts (where the issuer prepares both  own and consolidated annual accounts both sets of accounts shall be supplied. The competent  authorities may, however, allow the issuer to supply either his own or the consolidated accounts,  on condition that the accounts which are not supplied do not provide any significant additional  information) and the issuer's latest half-yearly statement for the year in question where it has  already been published; (iii) any listing particulars, prospectus or equivalent document published by the issuer in the 12  months preceding the application for admission to official listing; and (iv) the following information where it is not already given in the documents provided for in (i),  (ii) and (iii): - the composition of the company's administrative, management and supervisory bodies and the  functions performed by individual members, - general information about the capital, - the current situation on the basis of the latest information communicated to the issuer under  Council Directive 88/627/EEC of 12 December 1988 on the information to be published when a major  holding in a listed company is acquired or disposed of (1), and - any reports concerning the last published annual accounts by the official auditors required by  the national law of the Member State within the territory of which the issuer's registered office  is situated; (d) the notices, bills, posters and documents announcing the admission of the securities to  official listing and indicating the essential characteristics of those securities and all other  documents relating to their admission and intended for publication by the issuer or on his behalf  state that the information referred to in (c) exists and indicate where it is being or will be  published in the manner prescribed in Article 20; and (e) the information referred to in (c) and the notices, bills, posters and documents referred to in  (d) have been sent to the competent authorities before being made available to the public; OJ No L 348, 17. 12. 1988, p. 62.'5. where companies the shares in which have already been dealt in  for at least the preceding two years on a second-tier market, regulated and supervised by  authorities recognized by public bodies, seek to have their securities admitted to official listing  in the same Member State and, in the opinion of the competent authorities, information equivalent  in substance to that required by this Directive is available to investors before the date on which  admission to official listing becomes effective.'; 2. The following Article 6a shall be inserted: 'Article 6a The information referred to in Article 6 (4) (c) and (d) shall be published in the official  language or one of the official languages of the Member State in which admission to official  listing is sought or in another language, provided that in the Member State in question that other  language is customary in the sphere of finance, accepted by the competent authorities and, where  appropriate, such further conditions as they may impose are complied with'. Article 2 1. Those Member States which intend to make use of the option provided for in this Directive shall  bring into force the provisions necessary for them to comply with this Directive at any time after  its publication. They shall forthwith inform the Commission thereof. 2. When the Member States adopt those measures they shall contain a reference to this Directive or  shall be accompanied by such a reference on the occasion of their official publication. The methods  of making such a reference shall be laid down by the Member States. 3. The Member States shall communicate to the Commission the texts of the main laws, regulations  and administrative provisions of national law which they adopt in the field covered by this  Directive. Article 3 This Directive is addressed to the Member States. Done at Brussels, 30 May 1994. For the European Parliament The President E. KLEPSCH For the Council The President G. ROMEOS (1) OJ No C 23, 27. 1. 1993, p. 6. OJ No C 88, 25. 3. 1994, p. 3. (2) OJ No C 161, 14. 6. 1993, p. 31. (3) Opinion of the European Parliament of 15 December 1993 (OJ No C 20, 24. 1. 1994). Council  common position of 4 March 1994 (OJ No C 137, 19. 5. 1994) and Decision of the European Parliament  of 20 April 1994 (OJ No C 128, 9. 5. 1994). (4) OJ No L 100, 17. 4. 1980, p. 1. (5) OJ No L 185, 4. 7. 1987, p. 81. (6) OJ No L 112, 3. 5. 1990, p. 24. (1) OJ No L 66, 16. 3. 1979, p. 21. (1) OJ No L 348, 17. 12. 1988, p. 62.


Avis juridique important

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31982L0623

Commission Directive 82/623/EEC of 1 July 1982 adapting to technical progress for the third time Council Directive 71/318/EEC on the approximation of the laws of the Member States relating to gas volume meters

Official Journal L 252 , 27/08/1982 P. 0005 - 0007 Finnish special edition: Chapter 13 Volume 12 P. 0107  Spanish special edition: Chapter 13 Volume 12 P. 0253  Swedish special edition: Chapter 13 Volume 12 P. 0107  Portuguese special edition Chapter 13 Volume 12 P. 0253

COMMISSION DIRECTIVE of 1 July 1982 adapting to technical progress for the third time Council Directive 71/318/EEC on the approximation of the laws of the Member States relating to gas volume meters (82/623/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, in view of technical developments in the field in question, Directive 71/318/EEC (2), as last amended by Commission Directive 78/365/EEC (3), should be amended;  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 Measuring Instruments,  HAS ADOPTED THIS DIRECTIVE:    Article 1 In the Annex to Directive 71/318/EEC the texts of items I.B. 3.2.3, I.B. 8, I.B. 9.2.1, I.B. 10, II. 5.2.1, III. 3.1.1, III. 3.3 and III. 7.1 are 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 202, 6.9.1971, p. 21. (3) OJ No L 104, 18.4.1978, p. 26.     ANNEX I.B. 3.2.3. When not connected to a detachable additional device, the exposed ends of the drive shafts must be suitably protected.  I.B. 8. Location of verification marks and seals    8.1. The location of the marks and seals must be so chosen that dismantling of the part sealed by one of the marks or seals will result in damage thereto.       8.2. When the inscriptions mentioned in item I.B. 4.1 are affixed on a special data plate, and if this plate is not to be a permanent fixture, one of the marks or seals must be so located that it is damaged if the special plate is removed, the object being to prevent removal of the said plate.       8.3. Locations should be provided for verification marks or seals:      (a) on all plates carrying an inscription required by this Annex with the exception of plates which are permanent fixtures;           (b) on all parts of the meter which cannot otherwise be protected against interference liable to:        - affect or alter the indication on the indicating device of the meter,               - alter or break the connection between the measuring device and the indicating device,               - remove or displace metrologically important parts of the meter;                          (c) on the connection with the detachable additional devices or on the protective devices referred to in item I.B. 3.2.3.                    I.B. 9.2.1. Gas meters submitted for EEC initial verification shall be in working order. EEC initial verification is no guarantee of the proper functioning or accuracy of reading of additional devices as referred to in items I.B. 3.1 or I.B. 3.2. No EEC verification marks or EEC seals shall be affixed to such additional devices, save for the connections provided for in Item I.B. 8.3. c.  I.B. 10. Verification marks and seals    10.1. Affixture  Meters having undergone successfully the verification tests:      - shall be provided with an EEC initial verification mark,           - shall receive EEC seals in the locations mentioned in item I.B. 8.3.                  10.2. Purpose  The affixing of EEC initial verification marks and seals on a gas meter certifies solely that the meter satisfies the requirements of this Directive.         II. 5.2.1. When the maximum torques indicated on the gas meter pursuant to item I.B. 3.2.1 or I.B. 3.2.2 are applied to the drive shafts, the indication of the gas meter at Qmin must not vary by more than 1 75 %, without prejudice to item II. 6.3.2.  III. 3.1.1. Meters must incorporate both upstream and downstream in the gas circuit a static pressure tapping for measuring the pressure absorption ; the pressure measured upstream shall constitute the reference pressure.  III. 3.3. Pressure tappings    3.3.1. Bores for pressure tappings must have a diameter of at least 3 mm. In the case of slit-shaped pressure tappings, slits must have a width of at least 2 mm and a cross-section in the direction of flow of at least 10 mm2.       3.3.2. Pressure tappings must be provided with a means of closure so as to make them gas-tight.       3.3.3. The pressure tapping for the reference pressure must be clearly and indelibly marked "pr" and the other pressure tapping "p".          III. 7.1. Accuracy tests  A meter is considered to satisfy the requirements concerning the maximum permissible errors if the requirements are met at the following flow rates:  Qmin, 0 710 Qmax (if this value is greater than Qmin), 0 725 Qmax, 0 740 Qmax, 0 770 Qmax and Qmax.  If the examination is conducted under different conditions, the guarantees must be at least equal to those obtained by the tests mentioned above.


title: Commission Directive 2014/39/EU of 12 March 2014 amending Directive 2012/9/EU as regards the date for its transposition and the deadline for the end of the transitional period  Text with EEA relevance

text:
               13.3.2014

               EN

               Official Journal of the European Union

               L 73/3

      COMMISSION DIRECTIVE 2014/39/EU
   of 12 March 2014
   amending Directive 2012/9/EU as regards the date for its transposition and the deadline for the end of the transitional period
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Commission Directive 2012/9/EU (2) replaces Annex I to Directive 2001/37/EC, providing for new additional health warnings to be used on unit packets of tobacco products, as provided for in Article 5(2)(b) of Directive 2001/37/EC.

               (2)

               Directive 2012/9/EU sets 28 March 2014 as the deadline for its transposition by Member States and 28 March 2016 as the deadline for the end of the transitional period provided for in Article 3 of that Directive.

               (3)

               Commission Decision 2003/641/EC (3) establishes the rules on the use of colour photographs or other illustrations as health warnings on tobacco packages.

               (4)

               Commission Decision C(2005) 1452 of 26 May 2005 establishes the library of selected source documents containing colour photographs or other illustrations for each of the additional health warnings listed in Annex I to Directive 2001/37/EC.

               (5)

               Subsequent to the adoption of Directive 2012/9/EU, the Commission has launched studies for the development and testing of new colour photographs or other illustrations for each of the additional health warnings specified in the Annex to Directive 2012/9/EU, replacing Annex I to Directive 2001/37/EC. These studies are not yet concluded.

               (6)

               Member States which require additional warnings in the form of colour photographs or other illustrations, as referred to in Article 5(3) of Directive 2001/37/EC need to have at their disposal the selected source documents sufficiently in advance in order to transpose Directive 2012/9/EU.

               (7)

               Given the complexity of the process of updating the library of selected source documents and amending Decision C(2005) 1452, there is a risk that the process will not have been concluded within a timeframe that would allow Member States sufficient time to comply with the deadline for transposition of Directive 2012/9/EU.

               (8)

               In order to ensure that Member States have adequate time it is appropriate to postpone the deadlines for the transposition of Directive 2012/9/EU and for the end of the transitional period provided for by that Directive.

               (9)

               The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 10(1) of Directive 2001/37/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2012/9/EU is amended as follows:

               (1)

               in Article 2(1) ‘28 March 2014’ is replaced by ‘28 March 2016’;

               (2)

               in Article 3 ‘28 March 2016’ is replaced by ‘28 March 2018’.

         Article 2
   This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
   Article 3
   This Directive is addressed to the Member States.

      Done at Brussels, 12 March 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 194, 18.7.2001, p. 26.

      (2)  Commission Directive 2012/9/EU of 7 March 2012, amending Annex I to Directive 2001/37/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products (OJ L 69, 8.3.2012, p. 15).

      (3)  Commission Decision 2003/641/EC of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages (OJ L 226, 10.9.2003, p. 24).


Avis juridique important

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31998L0011

Commission Directive 98/11/EC of 27 January 1998 implementing Council Directive 92/75/EEC with regard to energy labelling of household lamps (Text with EEA relevance)

Official Journal L 071 , 10/03/1998 P. 0001 - 0008

COMMISSION DIRECTIVE 98/11/EC of 27 January 1998 implementing Council Directive 92/75/EEC with regard to energy labelling of household lamps (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances (1), and in particular Articles 9 and 12 thereof,Whereas under Directive 92/75/EEC, the Commission is to adopt implementing directives in respect of household appliances including lighting sources (lamps);Whereas electricity use by lamps accounts for a significant part of total Community electricity demand; whereas the scope for reduced energy use by lamps is substantial;Whereas the Community, confirming its interest in an international standardisation system capable of producing standards that are actually used by all partners in international trade and of meeting the requirements of Community policy, invites the European standards organisations to continue their cooperation with international standards organisations;Whereas the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) are the bodies recognised as competent to adopt harmonised standards in accordance with the general guidelines for cooperation between the Commission and those two bodies signed on 13 November 1984; whereas, within the meaning of this Directive, a harmonised standard is a technical specification (European standard or harmonisation document) adopted by Cenelec, on the basis of a remit (mandate) from the Commission in accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (2), as last amended by Commission Decision 96/139/EC (3), and on the basis of those general guidelines;Whereas the measures set out in this Directive are in accordance with the opinion of the committee set up under Article 10 of Directive 92/75/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1 1. This Directive shall apply to household electric lamps supplied directly from the mains (filament and integral compact fluorescent lamps), and to household fluorescent lamps (including linear, and non-integral compact fluorescent lamps), even when marketed for non-household use.Where an appliance can be taken apart by end users, for the purposes of this Directive the 'lamp` shall be the part(s) which emit(s) the light.2. The following lamps shall be excluded from the scope of this Directive:(a) those with a luminous flux of more than 6 500 lumens;(b) those with an input power of less than 4 watts;(c) reflector lamps;(d) those marketed or commercialised primarily for use with other energy sources, such as batteries;(e) those not marketed or commercialised primarily for the production of light in the visible range (400 to 800 nm);(f) those marketed or commercialised as part of a product, the primary purpose of which is not illuminative. However, where the lamp is offered for sale, hire or hire purchase or displayed separately, for example as a spare part, it shall be included.3. For lamps referred to in paragraph 2, labels and fiches may be provided in accordance with this Directive, provided that harmonised measurement standards applicable to such lamps have been adopted and published in accordance with paragraph 4.4. The information required by this Directive shall be produced in accordance with harmonised standards, the reference numbers of which have been published in the Official Journal of the European Communities and for which Member States have published the reference numbers of the national standards transposing those harmonised standards.5. The harmonised standards referred to in paragraph 4 shall be drawn up under a mandate from the Commission in accordance with Directive 83/189/EEC.6. In this Directive, except where the context otherwise requires, expressions used shall have the same meaning as in Directive 92/75/EEC.Article 2 1. The technical documentation referred to in Article 2(3) of Directive 92/75/EEC shall include:(a) the name, trade mark and address of the supplier;(b) a general description of the lamp, sufficient for it to be uniquely identified;(c) information, including drawings as relevant, on the main design features of the model and in particular those which appreciably affect its energy consumption;(d) reports of relevant measurement tests carried out on the model under the test procedures of the harmonised standards referred to in Article 1(4);(e) operating instructions, if any.2. The label referred to in Article 2(1) of Directive 92/75/EEC shall be as specified in Annex I to this Directive. The label shall be placed or printed on, or attached to, the outside of the individual packaging of the lamp. Nothing else placed or printed on, or attached to, the individual packaging of the lamp shall obscure it or reduce its visibility. Annex I specifies how the label may be displayed in the case of very small packaging.3. The fiche referred to in Article 2(1) of Directive 92/75/EEC shall be as specified in Annex II to this Directive.4. In the circumstances referred to in Article 5 of Directive 92/75/EEC, and where the offer for sale, hire or hire purchase is provided by means of a printed communication, such as a catalogue, that printed communication shall include all the information specified in Annex III to this Directive.5. The energy efficiency class of a lamp, as specified on the label and the fiche, shall be determined in accordance with Annex IV.Article 3 Member States shall take all necessary measures to ensure that all suppliers and dealers established in their territory fulfil their obligations under this Directive.Article 4 1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 15 June 1999. They shall forthwith inform the Commission thereof. They shall apply those provisions from 1 July 1999.However, Member States shall allow until 31 December 2000:- the placing on the market, the commercialisation and/or the display of products, and- the distribution of product brochures referred to in Article 3(2) of Directive 92/75/EEC and printed communications referred to in Article 2(4) of this Directive,which do not conform with this Directive.When Member States adopt the provisions 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 procedure for such reference shall be adopted by Member States.2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.Article 5 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 6 This Directive is addressed to the Member States.Done at Brussels, 27 January 1998.For the CommissionChristos PAPOUTSISMember of the Commission(1) OJ L 297, 13.10.1992, p. 16.(2) OJ L 109, 26.4.1983, p. 8.(3) OJ L 32, 10.2.1996, p. 31.ANNEX I THE LABEL Label design1. The label shall be chosen from the following illustrations. Where the label is not printed on the packaging but a separate label is placed on, or attached to the packaging, the colour version shall be used. If the 'black on white` version of the label is used, the printing and background may be in any colours that preserve the legibility of the label.>REFERENCE TO A GRAPHIC>2. The following notes define the information to be included:NoteI. The energy efficiency class of the lamp, determined in accordance with Annex IV. This indicator letter shall be placed at the same level as the relevant arrow.II. The luminous flux of the lamp in lumens, measured in accordance with the test procedures of the harmonised standards referred to in Article 1(4).III. The input power (wattage) of the lamp, measured in accordance with the test procedures of the harmonised standards referred to in Article 1(4).IV. The average rated life of the lamp in hours, measured in accordance with the test procedures of the harmonised standards referred to in Article 1(4). Where no other information on the life of the lamp is included on the packaging, this may be omitted.3. Where the information specified in II, III and, where applicable, IV of point 2 is included elsewhere on the packaging of the lamp, it may be omitted from the label, as may the box that contains it. The label shall then be chosen from the following illustrations:>REFERENCE TO A GRAPHIC>Printing4. The following defines certain aspects of the label:>REFERENCE TO A GRAPHIC>The label shall be contained in a blank border of at least 5 mm, as shown. Where there is no side of the packaging that is large enough to contain the label and this blank border, or where this would cover more than 50 % of the surface area of the largest side, the label and border may be reduced but by no more than is required to meet both these conditions. However in no case may the label be reduced to less than 40 % (by length) of its standard size. Where the packaging is too small to take such a reduced label, the label must be attached to the lamp or the packaging. However, where a full-size label is displayed together with the lamp (for example attached to the shelf on which the lamp is displayed) then the label may be omitted.Colours usedColour version:CMYB - cyan, magenta, yellow, black.Ex. 07X0: 0 % cyan, 70 % magenta, 100 % yellow, 0 % black.ArrowsA: X0X0B: 70X0C: 30X0D: 00X0E: 03X0F: 07X0G: 0XX0Outline colour X070All text is in black. The background is white.ANNEX II The fiche The fiche shall contain the information specified for the label (1).(1) Where product brochures are not supplied, the label provided with the product can also be considered to be the fiche.ANNEX III MAIL ORDER AND OTHER DISTANCE SELLING Mail order catalogues and other printed communications referred to in Article 2(4) shall contain either a copy of the label, or the following information, given in the order specified:1. Energy efficiency class (Annex I, Note I)Expressed as 'Energy efficiency class . . . on a scale of A (more efficient) to G (less efficient)`. Where this information is provided in a table this may be expressed by other means provided it is clear that the scale is from A (more efficient) to G (less efficient).2. Luminous flux of the lamp (Annex I, Note II)3. Input power (Annex I, Note III)4. Average rated life of lamp (Annex I, Note IV)(Where no other information on the life of the lamp is given in the catalogue, this may be omitted).ANNEX IV The energy efficiency class of a lamp shall be determined as follows:Lamps shall be classified in class A if:- Fluorescent lamps without integral ballast(those requiring a ballast and/or other control gear to connect them to the mains)W ≤ 0,15 √Ö + 0,0097 Ö- Other lampsW ≤ 0,24 √Ö + 0,0103 Öwhere Ö is the lumen output of the lampwhere W is the power input into the lamp in watts.If a lamp is not classified in class A, a reference wattage WR shall be calculated as follows:WR = 0,88 √Ö + 0,049 Ö, when Ö > 34 lumens0,2 Ö, when Ö ≤ 34 lumenswhere Ö is the lumen output of the lamp.An energy efficiency index EI is then set asEI = >NUM>W >DEN>WRwhere W is the power input into the lamp in watts.The energy efficiency classes are then set in accordance with the following table:>TABLE>