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31980L0304

Commission Directive 80/304/EEC of 25 February 1980 amending Annex II to Council Directive 69/208/EEC on the marketing of seed of oil and fibre plants

Official Journal L 068 , 14/03/1980 P. 0033 - 0033 Greek special edition: Chapter 03 Volume 28 P. 0056  Spanish special edition: Chapter 03 Volume 17 P. 0185  Portuguese special edition Chapter 03 Volume 17 P. 0185  Finnish special edition: Chapter 3 Volume 12 P. 0006  Swedish special edition: Chapter 3 Volume 12 P. 0006

COMMISSION DIRECTIVE  of 25 February 1980  amending Annex II to Council Directive 69/208/EEC on the marketing of seed of oil and fibre plants  (80/304/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (1), as last amended by Directive 79/641/EEC (2), and in particular Article 20a thereof,  Whereas, in the light of developments in scientific and technical knowledge, Annex II to the said Directive should be amended for the reasons set out below;  Whereas the standard as regards sclerotia or fragments of sclerotia of Sclerotinia sclerotiorum to be satisfied by swede rape seed should be adapted to the seed quality normally achieved;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:    Article 1 In item 3A of section I of Annex II to Directive 69/208/EEC the species "Brassica napus spp oleifera" is deleted and reinserted before the species "Brassica rapa" with the number "10 (b)" in column 5.   Article 2 1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 July 1980.  2. Member States shall ensure that seed of oil and fibre plants is subject to no marketing restrictions due to different dates of implementation of this Directive.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 25 February 1980.  For the Commission  Finn GUNDELACH  Vice-President  (1)OJ No L 169, 10.7.1969, p. 3. (2)OJ No L 183, 19.7.1979, p. 13.


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32002L0033

Directive 2002/33/EC of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products

Official Journal L 315 , 19/11/2002 P. 0014 - 0015

Directive 2002/33/EC of the European Parliament and of the Councilof 21 October 2002amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-productsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having consulted the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Numerous Community acts lay down animal and public health conditions for the processing and disposal of animal waste and for the production, placing on the market, trade and importation of products of animal origin not intended for human consumption.(2) Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down the health rules concerning animal by-products not intended for human consumption(4) has replaced the rules contained in those acts.(3) To take account of those new rules, Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(5) and Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(6), should therefore be amended,HAVE ADOPTED THIS DIRECTIVE:Article 1In Directive 90/425/EEC, the seventh indent of section 1 of Chapter I of Annex A shall be replaced by the following:"- Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October laying down the health rules concerning animal by-products not intended for human consumption (OJ L 273, 10.10.2002, p. 1)."Article 2Directive 92/118/EEC is hereby amended as follows:1. in Article 2, points (e) and (g) shall be deleted;2. Article 3 shall be amended as follows:(a) in the first indent, the following words shall be deleted:"together with gelatins not intended for human consumption"; and(b) the second indent shall be replaced by the following:"- any new product of animal origin intended for human consumption whose placing on the market in a Member State is authorised after the date provided for in Article 20 may not be the subject of trade or importation until a decision has been taken in accordance with the first paragraph of Article 15 after evaluation, if appropriate in the light of the opinion of the Scientific Veterinary Committee set up by Decision 81/651/EEC, of the real risk of the spread of serious transmissible diseases which could result from movement of the product, not only for the species from which the product originates but also for other species which could carry the disease, become a focus of disease or a risk to human health,";3. in Article 10(2), subparagraph (b) shall be replaced by the following:"(b) unless otherwise specified in Annex II, products must come from establishments on a Community list to be drawn up in accordance with the procedure laid down in Article 18;";4. Annex I shall be amended as follows:(a) Chapters 1, 3 and 4 shall be deleted;(b) Chapter 5 shall be amended as follows:(i) in the title, the following words shall be added:"intended for human consumption";(ii) in part A, the following shall be deleted:"A. where they are intended for human or animal consumption:";(iii) part B shall be deleted;(c) Chapter 6 shall be amended as follows:(i) in the title, the following words shall be added:"intended for human consumption";(ii) part I shall be amended as follows:- paragraph A shall be replaced by the following:"A. As regards trade, to the production of the document or certificate provided for in Directive 77/99/EEC, stating that the requirements of that Directive have been complied with;",- in paragraph B(1), point (a) shall be replaced by the following:"a) the products fulfil the requirements of Directive 80/215/EEC;";(d) in Chapter 7, part II shall be deleted; and(e) Chapters 8, 10 and 12 to 15 shall be deleted.Article 3Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 30 April 2003. They shall forthwith inform the Commission thereof.When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.Article 4This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Luxembourg, 21 October 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentP. S. Møller(1) OJ C 62 E, 27.2.2001, p. 166.(2) OJ C 193, 10.7.2001, p. 31.(3) Opinion of the European Parliament of 12 June 2001 (OJ C 53, 28.2.2002, p. 22), Council Common Position of 20 November 2001 (OJ C 45 E, 19.2.2002, p. 66) and decision of the European Parliament of 13 March 2002 (not yet published in the Official Journal).(4) OJ L 273, 10.10.2002, p. 1.(5) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 49).(6) OJ L 62, 15.3.1993, p. 49. Directive as last amended by Commission Decision 2001/7/EC (OJ L 2, 5.1.2001, p. 27).


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31980L0510

Second Commission Directive 80/510/EEC of 2 May 1980 amending the Annex to Council Directive 77/101/EEC on the marketing of straight feedingstuffs

Official Journal L 126 , 21/05/1980 P. 0012 - 0013 Finnish special edition: Chapter 3 Volume 12 P. 0033  Greek special edition: Chapter 03 Volume 28 P. 0169  Swedish special edition: Chapter 3 Volume 12 P. 0033  Spanish special edition: Chapter 03 Volume 18 P. 0017  Portuguese special edition Chapter 03 Volume 18 P. 0017

SECOND COMMISSION DIRECTIVE  of 2 May 1980  amending the Annex to Council Directive 77/101/EEC on the marketing of straight feedingstuffs  (80/510/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/101/EEC of 23 November 1976 on the marketing of straight feedingstuffs (1), as last amended by Commission Directive 79/797/EEC (2), and in particular Article 10 thereof,  Whereas, in view of progress made in science and technology, the Annex to the abovementioned Directive must be amended as to the tolerances to be permitted where, on official inspection, the composition of a straight feedingstuff is found to depart from that declared by the manufacturer;  Whereas such tolerances are necessary to allow for deviations due to the method used for sampling the feedingstuff, the manufacturing process or analytical error;  Whereas the existing tolerances must be revised in the light of the tolerances applicable in respect of compound feedingstuffs;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Item 2.5 of Part A of the Annex to Directive 77/101/EEC is amended to read as follows:  "2.5. Where, on official inspection pursuant to Article 12 of the Directive, the composition of a straight feedingstuff is found to depart from the declared composition in a manner such as to reduce its value, the following minimum tolerances are permitted:    (a) for crude protein:      - 2 units for declared contents of 20 % or more,           - 10 % of the declared content for declared contents of less than 20 % but not less than 10 %,           - 1 unit for declared contents of less than 10 %;                  (b) for total sugars, reducing sugars, sucrose, lactose and glucose (dextrose):      - 2 units for declared contents of 20 % or more,           - 10 % of the declared content for declared contents of less than 20 % but not less than 5 %,           - 0 75 unit for declared contents of less than 5 %;                  (c) for starch and inulin:      - 3 units for declared contents of 30 % or more,           - 10 % of the declared content for declared contents of less than 30 % but not less than 10 %,           - 1 unit for declared contents of less than 10 %;  (1)OJ No L 32, 3.2.1977, p. 1. (2)OJ No L 239, 22.9.1979, p. 53.                   (d) for crude oils and fats:      - 1 78 units for declared contents of 15 % or more,           - 12 % of the declared content for declared contents of less than 15 % but not less than 5 %,           - 0 76 unit for declared contents of less than 5 %;                  (e) for crude fibre:      - 2 71 units for declared contents of 14 % or more,           - 15 % of the declared content for declared contents of less than 14 % but not less than 6 %,           - 0 79 unit for declared contents of less than 6 %;                  (f) for moisture and crude ash:      - 1 unit for declared contents of 10 % or more,           - 10 % of the declared content for declared contents of less than 10 % but not less than 5 %,           - 0 75 unit for declared contents of less than 5 %;                  (g) for total phosphorus, sodium, calcium carbonate, calcium, magnesium, acid index and matter insoluble in light petroleum:      - 1 75 units for declared contents (values) of 15 % (15) or more, as appropriate,           - 10 % of the declared content (value) for declared contents (values) of less than 15 % (15), but not less than 2 % (2), as appropriate,           - 0 72 unit for declared contents (values) of less than 2 % (2) as appropriate;                  (h) for ash insoluble in hydrochloric acid and chlorides expressed as NaCl:      - 10 % of the declared content for declared contents of 3 % or more,           - 0 73 unit for declared contents of less than 3 %;                  (i) for carotene, vitamin A and Xanthophyll:    -  30 % of the declared content;        (j) for methionine, lysine and volatile nitrogenous bases:    - 20 % of the declared content."          Article 2 The Member States shall bring into force the necessary laws, regulations and administrative provisions to enable them to comply with this Directive with effect from 1 January 1981 and shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 2 May 1980.  For the Commission  Finn GUNDELACH  Vice-President


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31991L0334

Commission Directive 91/334/EEC of 6 June 1991 amending Directive 82/475/EEC laying down the categories of ingredients which may be used for the purposes of labelling compound feedingstuffs for pet animals

Official Journal L 184 , 10/07/1991 P. 0027 - 0027 Finnish special edition: Chapter 3 Volume 38 P. 0050  Swedish special edition: Chapter 3 Volume 38 P. 0050

*****COMMISSION  DIRECTIVE  of 6 June 1991  amending Directive 82/475/EEC laying down the categories of ingredients which may be used for the purposes of labelling compound feedingstuffs for pet animals  ( 91/334/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs ( 1 ), as last amended by Directive 90/44/EEC ( 2 ), and in particular Article 10 thereof,  Whereas, as regards labelling, the purpose of Directive 79/373/EEC is to ensure objective and accurate information as to the composition and use of feedingstuffs;  Whereas the declaration of the ingredients in feedingstuffs constitutes, in certain cases, an important item of information;  Whereas it has proved necessary to create categories making it possible to group under a single name several ingredients;  Whereas special provisions are needed for the labelling of feedingstuffs for pets to allow for the special character of this kind of feedingstuff;  Whereas Directive 90/44/EEC has amended the basic provisions relating to the labelling of compound feedingstuffs; whereas it is necessary to adapt Commission Directive 82/475/EEC ( 3 ) accordingly;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE :  Article 1  Article 1 of Directive 82/475/EEC is hereby replaced by the following :  "Article 1  Where, pursuant to Article 5c ( 3 ) of Directive 79/373/EEC, the indication of the specific name of the ingredient can be replaced by the name of the category to which the ingredient belongs, only the categories listed in the Annex hereto may be indicated on the packaging, container or label of compound feedingstuffs for pet animals .'  Article 2  Member States shall bring into force not later than 22 January 1992 the laws, regulations and administrative provisions necessary to comply with this Directive . They shall immediately inform the Commission thereof .  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication . The procedure for such reference shall be adopted by Member States .  Article 3  This Directive is addressed to the Member States .  Done at Brussels, 6 June 1991 .  For the Commission  Ray MAC SHARRY  Member of the Commission  ( 1 ) OJ No L 86, 6 . 4 . 1979, p . 30 .  ( 2 ) OJ No L 27, 31 . 1 . 1990, p . 35 .  ( 3 ) OJ No L 213, 21 . 7 . 1982, p . 27 .


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31991L0357

Commission Directive 91/357/EEC of 13 June 1991 laying down the categories of ingredients which may be used for the purposes of labelling compound feedingstuffs for animals other than pet animals

Official Journal L 193 , 17/07/1991 P. 0034 - 0036 Finnish special edition: Chapter 3 Volume 38 P. 0061  Swedish special edition: Chapter 3 Volume 38 P. 0061

COMMISSION DIRECTIVE  of 13 June 1991  laying down the categories of ingredients which may be used for the purposes of labelling compound feedingstuffs for animals other than pet animals  (91/357/EEC)THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs (1), as last amended by Directive 90/44/EEC (2), and in particular Article 10 (a) thereof,  Whereas, as regards labelling, the purpose of Directive 79/373/EEC is to ensure that stock farmers are informed objectively and as accurately as possible as to the composition and use of feedingstuffs;  Whereas the quantitative determination of the ingredients in feedingstuffs for production animals currently raises verification difficulties, mainly because of the nature of the products used, of the complexity of the mixtures made or the manufacturing  methods adopted;  Whereas it is accordingly appropriate at this stage to prefer, at least for feedingstuffs for production animals, a flexible declaration arrangement confined to the indication of the feedingstuff ingredients without stating their quantity; whereas it  has furthermore proved necessary to provide for the establishment of categories making it possible to group several ingredients under a single name;  Whereas it is provided by Directive 79/373/EEC that in the light of advances in scientific knowledge categories grouping several ingredients shall be established not later than 22 January 1991;  Whereas, since categories of ingredients have already been established by Commission Directive 82/475/EEC (3) for compound feedingstuffs intended for pets, similar provisions should be adopted for feedingstuffs intended for other animals, within the  meaning of Directive 79/373/EEC, than pet animals;  Whereas, however, it is not possible to establish categories covering all the ingredients of compound feedingstuffs; whereas, therefore, the manufacturer should indicate in addition any ingredients not belonging to any of the categories listed in the  Annex;  Whereas the ingredients in category 12 'Land animal products' must, moreover, comply with the provisions of Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its  placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin and amending Directive 90/425/EEC (4);  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Where, pursuant to Article 5 (c) (3) of Directive 79/373/EEC, the indication of the specific name of the ingredient may be replaced by the name of the category to which the ingredient belongs, only the categories listed in the Annex hereto  may be indicated on the packaging, container or label of compound feedingstuffs for animals other than pet animals.  Article 2  Member States shall bring into force not later than 22 January 1992 the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive. They shall immediately inform the Commission thereof.  When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  Article 3  This Directive is addressed to the Member States. Done at Brussels, 13 June 1991. For the Commission  Ray MAC SHARRY  Member of the Commission   (1) OJ No L 86, 6. 4. 1979, p. 30. (2) OJ No L 27, 31. 1. 1990, p. 35. (3) OJ No L 213, 21. 7. 1982, p. 27. (4) OJ No L 363, 27. 12. 1990, p. 51.    ANNEX  CATEGORIES OF INGREDIENTS WHICH MAY BE INDICATED IN PLACE OF INDIVIDUAL INGREDIENTS WHEN LABELLING COMPOUND FEEDS INTENDED FOR ANIMALS OTHER THAN PETS      Category  Definition       1. Cereal grains  The whole of the grain from all cereal types (including buckwheat) regardless of their presentation, but from which no fraction other than hulls has been removed  2. Cereal grain products and  by-products  Fractional products and by-products of cereal grains other than oils included in category 15.   These products and by-products shall contain not more than 25 % crude fibre in the dry matter.  3. Oil seeds  The whole of the seed or fruit  from all types of oil seeds and oil fruits regardless of their presentation, but from which no fractions other than hulls or shells have been removed.  4. Oil seed products and by-products  Fractional products and by-products of oil seeds and oil fruits  other than oils and fats included in category 15.   These products and by-products shall contain not more than 25 % crude fibre in the dry matter unless they contain more than 5 % crude oils and fats in the dry matter, or more than 15 % crude protein in  the dry matter.  5. Products and by-products of legume seeds  Whole and fractional products and by-products of legume seeds other than leguminous oil seeds included in categories 3 and 4.   These products and by-products shall contain not more than 25 %  crude fibre in the dry matter.  6. Products and by-products of tubers and roots  Products and by-products derived from tubers and roots other than sugar beet included in category 7.   These products and by-products shall contain not more than 25 % crude  fibre in the dry matter.  7. Products and by-products of sugar production  Products and by-products of sugar-beet and sugar-cane.   These products and by-products shall contain not more than 25 % crude fibre in the dry matterr.  8. Products and  by-products of fruit processing  Products and by-products of fruit processing.   These products and by-products shall not contain more than 25 % crude fibre in the dry matter, unless they contain more than 5 % crude oils and fats in the dry matter, or  more than 15 % crude protein in the dry matter.  9. Dried forages  Aerial parts of forage plants, cut while green, artificially or naturally dried.   These products shall contain not more than 25 % crude fibre in the dry matter unless they contain more  than 15 % crude protein in the dry matter.  10. High fibre materials  Feed ingredients containing more than 25 % crude fibre in the dry matter, such as straw, hulls and chaff, other than products included in categories 5, 9 and 9.  11. Milk products   Products derived from the processing of milk, other than separated milk fats included in category 15.  12. Land animal products  Products from the processing of warm blooded land animal waste as defined in Article 2 of Council Directive 90/667/EEC,  excluding fat included in category 15, and which are substantially free of hooves, horn, bristle, unhydrolyzed hair and feathers, as well as mammalian digestive tract content. Also excluding products containing more than 50 % ash in the dry matter  included in category 14.  13. Fish products  Whole or part of fish and other cold blooded marine animals, including products from fish processing other than fish oil and its derivations included in category 15. Also excluding products containing more  than 50 % ash in the dry matter included in category 14.  14. Minerals  Inorganic or organic materials containing more than 50 % ash in the dry matter, other than materials containing more than 5 % of ash insoluble in hydrochloric acid in the dry  matter.  15. Oils and fats  Oils and fats from animal and vegetable sources, and their derivatives.  16. Products from the bakery and pasta industries  Waste and surplus materials from the bakery and pasta industries.


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31992L0087

Commission Directive 92/87/EEC of 26 October 1992 establishing a non-exclusive list of the main ingredients normally used and marketed for the preparation of compound feedingstuffs intended for animals other than pets

Official Journal L 319 , 04/11/1992 P. 0019 - 0032 Finnish special edition: Chapter 3 Volume 45 P. 0149  Swedish special edition: Chapter 3 Volume 45 P. 0149

COMMISSION DIRECTIVE 92/87/EEC  of 26 October 1992  establishing a non-exclusive list of the main ingredients normally used and marketed for the preparation of compound feedingstuffs intended for animals other than petsTHE COMMISSION OF  THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs (1), as last amended by Directive 90/654/EEC (2), and in particular Article 10 (b) thereof,  Whereas a nomenclature of goods meeting the requirements of both the Common Customs Tariff and the Community's external trade statistics was introduced by Council Regulation (EEC) No 2658/87 (3);  Whereas, as regards labelling, the purpose of Directive 79/373/EEC is to ensure that stockfarmers are informed objectively and as accurately as possible;  Whereas the declaration of the ingredients in feedingstuffs constitutes, in certain cases, an important item of information for stockfarmers;  Whereas Directive 79/373/EEC provides for two forms of declaration of the ingredients of compound feedingstuffs for animals other than pets;  Whereas, in accordance with Directive 79/373/EEC, as amended by Directive 90/44/EEC (4), and in view of progress in scientific and technical knowledge, a non-exclusive list should be drawn up of the main ingredients normally used and marketed for the  manufacture of compound feedingstuffs for animals other than pets with a view to abolishing barriers to intra-Community trade;  Whereas the list should establish a common name and description for each ingredient and may, in certain cases, establish minimum compositional requirements;  Whereas a level of botanical purity and a definition of what is to be understood by botanical impurities must be determined in order for individual ingredients to be distinguished from mixtures;  Whereas establishing a glossary describing the main manufacturing processes enables numerous repetitions to be avoided;  Whereas ingredients included on the abovementioned list may be declared as such only under the names specified and on condition that they correspond to the descriptions therein and any compositional requirements which may be laid down;  Whereas, in accordance with Directive 79/373/EEC, the list of ingredients which may be used in the manufacture of compound feedingstuffs cannot be exhaustive; whereas Member States are accordingly required to allow ingredients other than those on the  list to be marketed provided that such products are of sound, genuine and merchantable quality and that they are declared using names other than those listed in the Annex which cannot mislead the purchaser;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Member States shall prescribe that in the case of compound feedingstuffs intended for animals other than pets, the ingredients listed at Part B of the Annex may be declared, on the packaging, on the container or on a label attached  thereto, only under the names specified therein, and on condition that they correspond to the descriptions given therein and any compositional requirements which may be laid down.  Furthermore, the Member States shall ensure that the provisions under 'General' of Part A of the Annex are respected.  Article 2  Member States shall, however, lay down that compound feedingstuffs manufactured before 1 March 1993 which do not comply with this Directive may still be marketed until 31 December 1993.  Article 3  The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive by 1 March 1993 at the latest. They shall inform the Commission immediately thereof.  The provisions to be adopted by the Member States shall contain a reference to this Directive or shall be accompanied by such a reference when they are published officially. The reference shall be as laid down by the Member States.  Article 4  This Directive is addressed to the Member States. Done at Brussels, 26 October 1992. For the Commission  Ray MAC SHARRY  Member of the Commission   (1) OJ No L 86, 6. 4. 1979, p. 30. (2) OJ No L 353, 17. 12. 1990, p. 48. (3) OJ No L 256, 7. 9. 1987, p. 1. (4) OJ No L 27, 31. 1. 1990, p. 35.    ANNEX  PART A  General  I. Explanatory notes:  1. Ingredients are listed and named in Part B according to the following criteria:  - the origin of the product/by-product, e.g. vegetable, animal, mineral,  - the part of the product/by-product used, e.g. whole, seeds, tubers, bones,  - the processing to which the product/by-product has been subjected, e.g. decortication, extraction, heating and/or the resulting product/by-product, e.g. flakes, bran, pulp, fat,  - the maturity of the product/by-product and/or the quality of the product/by-product, e.g. 'low in glucosinolate', 'rich in fat', 'low in sugar'.  2. The list is divided into 12 chapters:  1. Cereal grains, their products and by-products;  2. Oil seeds, oil fruits, their products and by-products;  3. Legume seeds, their products and by-products;  4. Tubers, roots, their products and by-products;  5. Other seeds and fruits, their products and by-products;  6. Forages and roughages;  7. Other plants, their products and by-products;  8. Milk products;  9. Land animal products;  10. Fish, other marine animals, their products and by-products;  11. Minerals;  12. Miscellaneous.  II. Provisions regarding botanical purity:  1. The botanical purity of the products and by-products listed in Part B shall not be less than 95 %, unless a different level has been laid down in Part B.  2. The following are considered as being botanical impurities:  (a) natural but innocuous impurities (e.g. straw and straw waste, seeds of other cultivated species or weeds);  (b) harmless residues of other oil seeds or oleaginous fruit derived from a previous manufacturing process, the level of which does not exceed 0,5 %.  3. The levels indicated refer to the weight of the product as such.  III. Provisions regarding naming:  Where the name of an ingredient includes a word or words in brackets, the bracketed word(s) may be included or omitted as an option; e.g. soya (bean) oil may be declared as soya bean oil or soya oil.  IV. Provisions regarding the glossary:  The glossary given below refers to main processes used for the preparation of ingredients mentioned in Part B of the Annex. When the names of these ingredients include a common name or term from this glossary, the process to be used must be in  accordance with the given definition.       Process  Definition  Common Name/Term         Concentration  Increase in certain contents by removing water or other constituents  Concentrate  Decortication (1)  Removal of outer layers from grains, seeds, fruits, nuts and others   Decorticated  Drying  Dehydration by artificial or natural processes in order to preserve the product  Dried (sun or artificially)  Extraction  Removal either by organic solvent of fat or oil from certain materials or by aqueous solvent of sugar or  other water soluble components. In the case of the use of organic solvent, the resulting product must be technically free of such solvent  Extracted (in case of oil-containing materials)  Molasses, pulp, (in case of products containing sugar or other water soluble components)  Extrusion  Pressing, pushing or protusion of material through orifices under pressure. See also pregelatinization  Extruded  Flaking  Rolling of moist heat-treated  material.  Flakes  Flour milling  Physical processing of grain to reduce particle size and facilitate separation into constituent fractions (principally flour, bran and middlings).  Flour, bran, middlings  Heat treatment/heating  General term covering a  number of heat treatments carried out under specific conditions to influence the nutritional value or the structure of the material.  Toasted, cooked, puffed, heat-treated  Hydrogenation  Treatment of oils and fats to achieve a higher melting point   Hardened  Hydrolysis  Breakdown into simpler chemical constituents by appropriate treatment with water and possibly either enzymes or acid/alkali.  Hydrolysed  Pressing  Removal by mechanical pressure (either by a screw- or other type of press) and  possibly some heat, of fat/oil from oil-rich materials, or of juice from fruits or other vegetable products.  Expeller (2) (in case of oil-containing materials)  Pulp, pomace (in case of fruits, etc.)  Pelleting  Compaction into a moulded form of presentation.  Pellet    (1) 'Decortication' may be replaced by 'dehulling' or 'dehusking' if appropriate. Therefore the common name/term should be 'dehulled' or  'dehusked'.  (2) When appropriate, the word 'expeller' may be replaced by 'cake'.    Pregelatinization  Modification of starch to improve markedly its swelling properties in cold water.  Pregelatinized  Refining  Removal of impurities in sugars, oils and other  natural materials by chemical/physical treatment  Refined  Wet-milling  Mechanical separation of the component parts of kernel/grain after steeping in water, possibly with sulphur dioxide, for the extraction of starch  Germ, gluten, starch      PART B  Non-exclusive list of the main ingredients  1. CEREAL GRAINS, THEIR PRODUCTS AND BY-PRODUCTS        Number  Name  Description         1.01  Oats  Grains of Avena sativa L. and other cultivars of oats.  1.02  Oat flakes  Product obtained by steaming and rolling dehusked oats. It may contain a small proportion of oat husks.  1.03  Oat  middlings  By-product obtained during the processing of screened, dehusked oats into oat groats and flour. It consists principally of oat bran and some endosperm.  1.04  Oat hulls and bran  By-product obtained during the processing of screened oats into  oat groats. It consists principally of oat hulls and bran.  1.05  Barley  Grains of Hordeum vulgare L.  1.06  Barley middlings  By-product obtained during the processing of screened, dehusked barley into pearl barley, semolina or flour.  1.07  Rice,  broken  By-product of the preparation of polished or glazed rice Oryza sativa L. It consists principally of undersized and/or broken grains.  1.08  Rice bran (brown)  By-product of the first polishing of dehusked rice. It consists principally of silvery  skins, particles of the aleurone layer, endosperm and germ.  1.09  Rice bran (white)  By-product of the second polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ.  1.10  Rice bran with calcium  carbonate  By-product of the polishing of dehusked rice. It consists principally of silvery skins, particles of the aleurone layer, endosperm, germ and small amounts of calcium carbonate resulting from use in the manufacturing process.  1.11  Fodder  meal of pre-cooked rice  By-product of the polishing of dehusked pre-cooked rice. It consists principally of silvery skins, particles of the aleurone layer, endosperm, germ and small amounts of calcium carbonate resulting from use in the manufacturing  process.  1.12  Rice germ, expeller  By-product of oil manufacture, obtained by pressing of the germ of rice to which parts of the endosperm and testa still adhere.  1.13  Rice germ, extracted  By-product of oil manufacture, obtained by extraction of  the germ of rice to which parts of the endosperm and testa still adhere.  1.14  Rice starch  Technically pure rice starch.  1.15  Millet  Grains of Panicum miliaceum L.  1.16  Rye  Grians of Secale cereale L.  1.17  Rye middlings  By-product of flour  manufacture, obtained from screened rye. It consists principally of particles of endosperm, with fine fragments of the outer skins and some grain waste.  1.18  Rye feed  By-product of flour manufacture, obtained from screened rye. It consists  principally of fragments of the outer skins, and of particles of grain from which less of the endosperm has been removed than in rye bran.  1.19  Rye bran  By-product of flour manufacture, obtained from screened rye. It consists principally of fragments  of the outer skins, and of particles of grain from which most of the endosperm has been removed.  1.20  Sorghum  Grains of Sorghum bicolor (L.) Moench s.i.  1.21  Wheat  Grains of Triticum aestivum L., Triticum durum Desf. and other cultivars of wheat   1.22  Wheat middlings  By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of particles of endosperm with fine fragments of the outer skins and some grain waste.  1.23  Wheat feed   By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of fragments of the outer skins and of particles of grain from which less of the endosperm has been removed than in wheat bran.  1.24   Wheat bran (1)  By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of fragments of the outer skins, and of particles of grain from which the greater part of the endosperm has been removed.   1.25  Wheat germ  By-product of flour milling consisting essentially of wheat germ, rolled or otherwise, to which fragments of endosperm and outer skin may still adhere.  1.26  Wheat gluten  Dried by-product of the manufacture of wheat starch. It  consists principally of gluten obtained during the separation of starch.    (1) When this ingredient has been subjected to a finer milling, the word 'fine' may be added to the name or the name may be replaced by a corresponding denomination.    1.27   Wheat gluten feed  Dried by-product of the manufacture of wheat starch. It is composed of bran and gluten to which components of the steeping liquor, and possibly the germ, from which the oil may have been removed, may be added.  1.28  Wheat starch   Technically pure wheat starch.  1.29  Spelt  Grains of spelt Triticum spelta L., Triticum dioccum Schrank, Triticum monococcum.  1.30  Triticale  Grains of the Triticum X Secale hybrid.  1.31  Maize  Grains of Zea mays L.  1.32  Maize middlings   By-product of the manufacture of flour or semolina from maize. It consists principally of fragments of the outer skins and of particles of grain from which less of the endosperm has been removed than in maize bran.  1.33  Maize bran  By-product of the  manufacture of flour or semolina from maize. It consists principally of outer skins and some maize germ fragments, with some endosperm particles.  1.34  Maize germ expeller  By-product of oil manufacture, obtained by pressing of dry or wet processed  maize germ to which parts of the endosperm and testa may still adhere.  1.35  Maize germ, extracted  By-product of oil manufacture, obtained by extraction of dry or wet processed maize germ to which parts of the endosperm and testa may still adhere.   1.36  Maize gluten feed (1)  Dried by-product of the manufacture of maize starch. It is composed of bran and gluten to which components of the steeping liquor, and possibly the germ, from which the oil may have been removed, may be added.  1.37  Maize  gluten  Dried by-product of the manufacture of maize starch. It consists principally of gluten obtained during the separation of the starch.  1.38  Maize starch  Technically pure maize starch.  1.39  Pre-gelatinized maize  starch (2)  Heat treated maize starch, having the property of marked swelling on contact with cold water.  1.40  Malt culms  By-product of malting, consisting mainly of dried rootlets of germinated cereals.  1.41  Brewers' dried grains  By-product of  brewing obtained by drying residues of malted and unmalted cereals and other starchy products.  1.42  Distillers' dried grains  By-product of alcohol distilling obtained by drying solid residues of fermented grain.  1.43  Distillers' dark grains (3)   By-product of alcohol distilling obtained by drying solid residues of fermented grain to which pot ale syrup or evaporated spent wash has been added.     (1) This name may be replaced by 'corn gluten feed'.  (2) This name may be replaced by 'extruded maize starch'.  (3) This name may be replaced by 'distillers dried grains and solubles'.    2. OIL SEEDS, OIL FRUITS, THEIR PRODUCTS AND BY-PRODUCTS        Number  Name  Description         2.01  Groundnut, partially decorticated, expeller  By-product of oil manufacture, obtained by pressing of partially decorticated groundnuts Arachis hypogaea L. and others species of Arachis. (Maximum crude  fibre content 16 % in the dry matter.)  2.02  Groundnut, partially decorticated, extracted  By-product of oil manufacture, obtained by extraction of partially decorticated groundnuts. (Maximum crude fibre content 16 % in the dry matter.)  2.03   Groundnut, decorticated, expeller  By-product of oil manufacture, obtained by pressing of decorticated groundnuts.  2.04  Groundnut, decorticated, extracted  By-product of oil manufacture, obtained by extraction of decorticated groundnuts.  2.05  Rape  seed (1)  Seeds of rape Brassica napus L. ssp. oleifera (Metzg.) Sinsk., of Indian sarson Brassica napus L. var. Glauca (Roxb.) O. E. Schulz and of rape Brassica campestris L. ssp. oleifera (Metzg.) Sinsk. (Minimum botanical purity 94 %.)  2.06  Rape  seed, expeller (1)  By-product of oil manufacture, obtained by pressing of seeds of rape. (Minimum botanical purity 94 %.)  2.07  Rape seed, extracted (1)  By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity  94 %.)  2.08  Rape seed hulls  By-product obtained during dehulling of rape seeds.  2.09  Safflower seed, partially decorticated, extracted  By-product of oil manufacture obtained by extraction of partially decorticated seeds of safflower Carthamus  tinctorius L.  2.10  Copra expeller  By-product of oil manufacture, obtained by pressing the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm Cocos nucifera L.  2.11  Copra, extracted  By-product of oil manufacture,  obtained by extraction of the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm.  2.12  Palm kernel expeller  By-product of oil manufacture, obtained by pressing of palm kernels Elaeis guineensis Jacq., Corozo oleifera  (HBK) L. H. Bailey (Elaeis melanococca auct.) from which as much as possible of the hard shell has been removed.  2.13  Palm kernel, extracted  By-product of oil manufacture, obtained by extraction of palm kernels from which as much as possible of the  hard shell has been removed.  2.14  Soya (bean), toasted  Soya beans Glycine max. L. Merr. subjected to an appropriate heat treatment.  2.15  Soya (bean), extracted, toasted  By-product of oil manufacture, obtained from soya beans after extraction and  appropriate heat treatment. (Maximum crude fibre content 8 % in the dry matter.)  2.16  Soya (bean), dehulled, extracted, toasted  By-product of oil manufacture, obtained from dehulled soya beans after extraction and appropriate heat treatment.  2.17   Soya (bean) protein concentrate  Product obtained from dehulled, fat extracted soya beans.    (1) When appropriate 'low in glucosinolate' may be indicated additionally in the name. 'Low in glucosinolate' means as defined in Community legislation.     2.18  Soya (bean) oil  Oil obtained from soya beans.  2.19  Soya (bean) hulls  By-product obtained during dehulling of soya beans.  2.20  Cotton seed  Seeds of cotton Gossypium spp. from which the fibres have been removed.  2.21  Cotton seed,  partially decorticated, extracted  By-product of oil manufacture, obtained by extraction of seeds of cotton from which the fibres and part of the husks have been removed. (Maximum crude fibre 22,5 % in the dry matter.)  2.22  Cotton seed expeller   By-product of oil manufacture obtained by pressing of seeds of cotton from which the fibres have been removed.  2.23  Niger seed expeller  By-product of oil manufacture, obtained by pressing of seeds of the niger plant Guizotia abyssinica (Lf) Cass.   2.24  Sunflower seed  Seeds of the sunflower Helianthus annuus L.  2.25  Sunflower seed, extracted  By-product of oil manufacture obtained by extraction of seeds of the sunflower  2.26  Sunflower seed, partially decorticated, extracted  By-product of  oil manufacture, obtained by extraction of seeds of the sunflower from which part of the husks has been removed. (Maximum crude fibre 27,5 % in the dry matter.)  2.27  Linseed  Seeds of linseed Linum usitatissimum L. (Minimum botanical purity 93 %.)   2.28  Linseed expeller  By-product of oil manufacture, obtained by pressing of linseed. (Minimum botanical purity 93 %.)  2.29  Linseed, extracted  By-product of oil manufacture, obtained by extraction of linseed. (Minimum botanical purity 93 %.)  2.30   Olive pulp  By-product of oil manufacture, obtained by extraction of pressed olives (Olea europaea L. separated as far as possible from parts of the kernel.  2.31  Sesame seed expeller  By-product of oil manufacture, obtained by pressing of seeds of  the sesame plant Sesamum indicum L.  2.32  Cocoa bean, partially decorticated, extracted  By-product of oil manufacture, obtained by extraction of dried and roasted cocoa beans Theabroma cacao L. from which part of the husks has been removed.      3. LEGUME SEEDS, THEIR PRODUCTS AND BY-PRODUCTS        Number  Name  Description         3.01  Chick peas  Seeds of Cicer arietinum L.  3.02  Guar meal, extracted  By-product obtained after extraction of the mucilage from seeds of Cyamopsis tetragonoloba (L.) Taub.  3.03  Ervil  Seeds of Ervum  ervilia L.  3.04  Chickling vetch (1)  Seeds of Lathyrus sativus L. submitted to an appropriate heat treatment.    (1) The name must be qualified by an indication of the nature of the heat treatment.    3.05  Lentils  Seeds of Lens culinaris a.o. Medik.   3.06  Sweet lupins  Seeds of Lupinus spp, low in bitter seed content.  3.07  Beans, toasted  Seeds of Phaseolus or Vigna spp. submitted to an appropriate heat treatment to destroy toxic lectins.  3.08  Peas  Seeds of Pisum spp.  3.09  Pea middlings   By-product obtained during the manufacture of pea-flour. It consists principally of particles of cotyledon, and to a lesser extent, of skins.  3.10  Pea bran  By-product obtained during the manufacture of pea meal. It is composed mainly of skins  removed during the skinning and cleaning of peas.  3.11  Horse beans  Seeds of Vicia faba L. ssp. faba var. equina Pers. and var. minuta (Alef.) Mansf.  3.12  Monantha vetch  Seeds of Vicia monanthos Desf.  3.13  Vetches  Seeds of Vicia sativa L. var.  sativa and other varieties.      4. TUBERS, ROOTS, THEIR PRODUCTS AND BY-PRODUCTS        Number  Name  Description         4.01  (Sugar) Beet pulp  By-product of the manufacture of sugar, consisting of extracted and dried pieces of sugar-beet Beta vulgaris L. ssp. vulgaris var. altissima Doell.  4.02  (Sugar) Beet molasses   By-product consisting of the syrupy residue collected during the manufacture of refining of beet sugar.  4.03  (Sugar) Beet pulp, molassed  By-product of the manufacture of sugar comprising dried sugar-beet pulp, to which molasses has been added.  4.04   (Sugar) Beet vinasse  By-product obtained after the fermentation of beet molasses in the production of alcohol, yeast, citric acid or other organic substances.  4.05  (Beet) Sugar (1)  Sugar extracted from sugar beet.  4.06  Sweet potato  Tubers of  Ipomoea batatas (L.) Poir, regardless of their presentation.  4.07  Manioc  Roots of Manihot esculenta Crantz, regardless of their presentation.  4.08  Manioc starch, puffed  Starch obtained from manioc roots, greatly expanded by appropriate heat  treatment.  4.09  Potato pulp  By-product of the extraction of potato starch Solanum tuberosum L.    (1) This name may be replaced by 'sucrose'.    4.10  Potato starch  Technically pure potato starch.  4.11  Potato protein  Dried by-product of starch  manufacture composed mainly of protein substances obtained after the separation of starch.      5. OTHER SEEDS AND FRUITS, THEIR PRODUCTS AND BY-PRODUCTS        Number  Name  Description         5.01  Carob pods  Product obtained by crushing the dried fruits (pods) of the carob tree Ceratonia siliqua L., from which the locust beans have been removed.  5.02  Citrus pulp  By-product obtained by pressing  citrus fruits Citrus spp. during the production of citrus juice.  5.03  Apple pomace  By-product obtained by pressing apples Malus spp. during the production of apple juice.  5.04  Tomato pulp  By-product obtained by pressing tomatoes Solanum  lycopersicum Karst. during the production of tomato juice.  5.05  Grape pulp  By-product of the processing of grapes Vitis vinifera L. after the juice has been pressed out.  5.06  Grape pips  By-product of the processing of grapes composed of pips,  pratically exempt of other components.      6. FORAGES AND ROUGHAGES        Number  Name  Description         6.01  Lucerne meal (1)  Product obtained by drying and milling young lucerne Medicago sativa L. and Medicago var. Martyn. (Minimum botanical purity 80 %.)  6.02  Lucerne pomace  Dried by-product obtained by  pressing juice from lucerne.  6.03  Lucerne protein concentrate  Product obtained by artificially drying fractions of lucerne press juice, which has been centrifuged and heat treated to precipitate proteins.  6.04  Clover meal (1)  Product obtained by  drying and milling young clover Trifolium spp. (Minimum botanical purity 80 %.)  6.05  Grass meal (1)  Product obtained by drying and milling young forage plants.  6.06  Wheat straw  Straw of wheat.  6.07  Wheat straw, treated (2)  Product obtained by  an appropriate treatment of wheat straw.     (1) The term 'meal' may be replaced by 'pellets'. The method of drying may be indicated additionally in the name.  (2) The name must be qualified by reference to the nature of the chemical treatment carried out.    7. OTHER PLANTS, THEIR PRODUCTS AND BY-PRODUCTS        Number  Name  Description         7.01  (Sugar) Cane molasses  By-product consisting of the syrupy residue collected during the manufacture of refining of sugar from sugar-cane Saccharum officinarum L.  7.02  (Sugar) Cane vinasse  By-product  obtained after the fermentation of cane molasses in the production of alcohols, yeast, citric acid or other organic substances.  7.03  (Cane) Sugar (1)  Sugar extracted from sugar-cane.  7.04  Seaweed meal  Product obtained by drying and crushing  seaweed, in particular brown seaweed. This product may have been washed to reduce the iodine content.     (1) This name may be replaced by 'sucrose'.   8. MILK PRODUCTS        Number  Name  Description         8.01  Skimmed-Milk powder  Product obtained by drying milk from which most of the fat has been separated.  8.02  Buttermilk powder  Product obtained by drying the liquid which remains after butter churning.   8.03  Whey powder  Product obtained by drying the liquid which remains after cheese, quark, casein making or similar processes.  8.04  Whey powder, low in sugar  Product obtained by drying whey from which the lactose has been partly removed.  8.05   Whey protein powder (1)  Product obtained by drying the protein compounds extracted from whey or milk by chemical or physical treatment.  8.06  Casein powder  Product obtained from skimmed or butter milk by drying casein precipitated by means of acids  or rennet.  8.07  Lactose powder  The sugar separated from milk or whey by purification and drying.     (1) This name may be replaced by 'milk albumin powder'.   9. LAND ANIMAL PRODUCTS        Number  Name  Description         9.01  Meat meal (1)  Product obtained by heating, drying and grinding whole or parts of warm-blooded land animals from which the fat may have been partially extracted or physically removed. The product must be  substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content. (Minimum crude protein content 50 % on a dry matter basis.)  9.02  Meat and bone meal (1)  Product obtained by heating, drying and grinding whole or  parts of warm-blooded land animals from which the fat may have been partially extracted or physically removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content.    (1) Products  containing more than 13 % fat in the dry matter must be named as 'rich in fat'.    9.03  Bone meal  Product obtained by drying, heating and finely grinding bones of warm-blooded land animals from which the fat has been largely extracted or physically  removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content.  9.04  Greaves  Residual product of the manufacture of tallow and other extracted or physically removed fats of animal  origin.  9.05  Poultry offal meal (1)  Product obtained by drying and grinding waste from slaughtered poultry. The product must be substantially free of feathers.  9.06  Feather meal, hydrolysed  Product obtained by hydrolysing, drying and grinding  poultry feathers.  9.07  Blood meal  Product obtained by drying the blood of slaughtered warm-blooded animals. The product must be substantially free of foreign matter.  9.08  Animal fat  Product composed of fat from warm-blooded land animals.      (1) Products containing more than 13 % fat in the dry matter must be named as 'rich in fat'.   10. FISH, OTHER MARINE ANIMALS, THEIR PRODUCTS AND BY-PRODUCTS        Number  Name  Description         10.01  Fish meal (1)  Product obtained by processing whole or parts of fish from which part of the oil may have been removed and to which fish solubles may have been re-added.  10.02  Fish solubles, condensed   Stabilized product composed of press juice obtained during manufacture of fish meal from which much of the fish oil and some of the water has been removed.  10.03  Fish oil  Oil obtained from fish  10.04  Fish oil, refined, hardened  Oil obtained from  fish which has been refined and subjected to hydrogenation.     (1) Products containing more than 75 % crude protein in the dry matter may be named as 'rich in protein'.   11. MINERALS        Number  Name  Description         11.01  Calcium carbonate (1)  Product obtained by grinding sources of calcium carbonate, such as limestone, oyster or mussel shells, or by precipitation from acid solution.  11.02  Calcium and magnesium  carbonate  Natural mixture of calcium carbonate and magnesium carbonate.  11.03  Calcareous marine algae (Maerl)  Product of natural origin obtained from calcareous algae, ground or granulated.  11.04  Magnesium oxide  Technically pure magnesium oxide  (MgO).  11.05  Kieserite  Natural magnesium sulphate (MgSO4·H2O).  11.06  Dicalcium phosphate (2)  Precipitated calcium monohydrogen phosphate from bones or inorganic sources (CaHPO4·xH2O).    (1) The nature of the source may replace or be indicated  additionally in the name.  (2) The manufacturing process may be included in the name.    11.07  Mono-dicalcium phosphate  Product obtained chemically and composed of equal parts of dicalcium phosphate and mono-calcium phosphate.  11.08  Defluorinated rock-phosphate  Product  obtained by grinding purified and appropriately defluorinated natural phosphates.  11.09  Degelatinized bone meal  Degelatinized, sterilized and ground bones from which the fat has been removed.  11.10  Monocalcium phosphate  Technically pure  calcium-bis(dihydrogenphosphate) (Ca(H2PO4)2·xH2O).  11.11  Calcium-magnesium phosphate  Technically pure calcium magnesium phosphate.  11.12  Mono-ammonium phosphate  Technically pure mono-ammonium phosphate (NH4H2PO4).  11.13  Sodium chloride (1)   Technically pure sodium chloride or product obtained by grinding natural sources of sodium chloride, such as (rock) and (marine) salt.     (1) The nature of the source of the sodium may replace or be indicated additionally in the name.   12. MISCELLANEOUS        Number  Name  Description         12.01  Bakery waste  By-product obtained from the manufacture of biscuits, cake or bread.  12.02  Confectionery waste  By-product obtained from the manufacture of chocolate, sweets and other confectionery.   12.03  Fatty acids  By-product obtained during the deacidification, by means of lye or by distillation of oils and fats of unspecified vegetable or animal origin.  12.04  Salts of fatty acids (1)  Product obtained by saponification of fatty acids with  calcium, sodium or potassium-hydroxide.     (1) The name may be supplemented by an indication of the type of salt.


Avis juridique important

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31987L0540

Council Directive 87/540/EEC of 9 November 1987 on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation

Official Journal L 322 , 12/11/1987 P. 0020 - 0024 Finnish special edition: Chapter 6 Volume 2 P. 0168  Swedish special edition: Chapter 6 Volume 2 P. 0168

*****COUNCIL  DIRECTIVE  of 9 November 1987  on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation  (87/540/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the organization of the transport market is one of the necessary preconditions for the implementation of the common transport policy which is provided for in the Treaty;  Whereas the adoption of measures designed to coordinate the conditions for access to the occupation of carrier is likely to encourage the achievement of freedom to provide services and the effective exercise of the right of establishment;  Whereas provision must be made for the introduction of common rules governing access to the occupation of carrier of goods by waterway in national and international transport in order to improve the level of qualifications of carriers; whereas such improvement is likely to help towards putting the market on a sounder footing, eliminating structural excess capacities and improving the quality of the service provided, in the interests of users, carriers and the economy as a whole;  Whereas satisfactory results have been obtained through the implementation of Council Directive 74/561/EEC of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations (4) and Council Directive 77/796/EEC of 12 December 1977 aiming at the mutual recognition of diplomas, certificates and other evidence of formal qualifications for goods haulage operators and road passenger transport operators, including measures intended to encourage these operators effectively to exercise their right to freedom of establishment (5);  Whereas the rules governing access to the occupation of carrier of goods by waterway should therefore cover at least the professional competence of the carrier; whereas Member States may also maintain or lay down rules governing the good repute and financial standing of the carrier;  Whereas, however, there is no need to include in the common rules laid down by this Directive certain transport activities with a minor economic impact and whereas transport on own account is by definition excluded from these rules; whereas it also seems appropriate to provide for the possible exclusion from the scope of this Directive of carriers operating exclusively on navigable waterways within their territory not linked to the waterway network of another Member State;  Whereas there is a need for mutual recognition of diplomas, certificates and other evidence of formal qualifications for the activities covered by this Directive, in order to promote the effective exercise of the right of establishment;  Whereas the certificate of professional competence issued pursuant to the provisions of this Directive regarding access to the occupation of carrier must be recognized as sufficient proof by the host Member State;  Whereas Member States which impose on their own nationals certain requirements as to good repute and financial standing must recognize the productinon of appropriate documents issued by a competent authority in the carrier's State of origin or prior establishment as sufficient evidence in respect of nationals of other Member States;  Whereas, further, this Directive must also apply to employed persons covered by Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), if the Member States make access to the occupation covered by this Directive or the exercise thereof by such persons conditional on the possession of professional knowledge and skills,  HAS ADOPTED THIS DIRECTIVE:  CHAPTER I  Definitions and scope  Article 1  1. Access to the occupation of carrier of goods by waterway in national and international transport shall be governed by the provisions adopted by the Member States pursuant to the common rules laid down in this Directive.  2. For the purposes of this Directive:  - 'occupation of carrier of goods by waterway vessel' means the activities engaged in by any natural person or any undertaking carrying goods by inland waterway for hire or reward, even if this occupation is not exercised on a regular basis,  - 'undertaking' means companies or firms within the meaning of Article 58 of the Treaty and groups or cooperatives of operators whose purpose is to obtain business from shipping agents for distribution among their members, irrespective of whether such groups or cooperatives possess legal personality.  Article 2  This Directive shall not apply to natural persons or undertakings pursuing the occupation of carrier of goods by waterway using vessels with a deadweight capacity at maximum draft not exceeding 200 tonnes.  Member States may lower this limit for all or some transport operations or certain categories of transport.  This Directive shall likewise not apply to natural persons or undertakings operating ferries.  CHAPTER II  Access to the occupation  Article 3  1. Natural persons or undertakings wishing to pursue the occupation of carrier of goods by waterway must satisfy the condition of professional competence, even if they are members of a group or cooperative of operators within the meaning of Article 1 (2) or exercise their occupation exclusively for a specific period of time as subcontractors to another waterway transport undertaking.  If the applicant is a natural person who does not satisfy that condition, the competent authorities may nevertheless authorize him to pursue the occupation of carrier of goods by waterway provided that he indicates to them another person satisfying the condition who in actual fact manages the transport operations on a permanent basis.  If the applicant is an undertaking within the meaning of Article 1 (2) one of the natural persons who in actual fact manage the undertaking's transport operations on a permanent basis must meet the condition of professional competence.  2. The condition of professional competence shall consist in the possession of the standard of competence accepted by the authority or body appointed for this purpose by each Member State in the subjects listed in the Annex. The necessary knowledge shall be acquired either by attending courses or by practical experience in a waterway transport undertaking, or by a combination of the two. Member States may exempt the holders of certain diplomas from providing evidence of their knowledge of the subjects listed in the Annex which are covered by the said diplomas.  After verifying possession of the knowledge concerned, the authority or body referred to in the first subparagraph shall issue a certificate.  3. A Member State may, after consulting the Commission, exempt from application of this Directive carriers operating exclusively on navigable waterways within their territory not linked to the waterway network of another Member State. Practical experience gained in a transport undertaking exempted from application of these conditions shall not give entitlement to the certificate referred to in paragraph 2.  Article 4  1. Member States shall lay down the terms on which a transport undertaking may, by way of derogation from Article 3 (1), operate on a provisional basis for a maximum of one year, which period may be extended by not more than six months in special duly justified cases, in the event of the death or physical or legal incapacity of the natural person pursuing the occupation of carrier or the natural person complying with the provisions of Article 3.  2. However, the competent authorities of the Member States may, by way of exception, permanently authorize in certain special cases the operation of an undertaking by a person who does not meet the condition of professional competence referred to in Article 3, but who has had at least three years' practical experience in the everyday management of the undertaking concerned.  Article 5  Natural persons who provide proof that before 1 July 1990 they legally pursued in a Member State the occupation of carrier of goods by waterway in national or international transport shall, for the purposes of obtaining the certificate referred to in Article 3 (2), be exempt from the obligation to prove that they meet the conditions laid down therein.  Article 6  1. Reasons must be given for any decision rejecting an application for access to the occupation of carrier of goods by waterway taken by the competent authorities of the Member States pursuant to the measures adopted on the basis of this Directive.  2. Member States shall ensure that the competent authorities withdraw an authorization to pursue the occupation of carrier of goods by waterway if they find that the conditions laid down in Article 3 are no longer met, subject to allowing, where appropriate, sufficient time for the recruitment of a replacement.  3. Member States shall ensure that the natural persons and undertakings referred to in this Directive have the opportunity to defend their interests by appropriate means with regard to the decisions referred to in paragraphs 1 and 2.  CHAPTER III  Mutual recognition of diplomas, certificates and other evidence of formal qualifications  Article 7  Member States shall recognize the certificates referred to in the second subparagraph of Article 3 (2) which have been issued by another Member State as sufficient proof of professional competence.  Article 8  1. Where a Member State imposes on its own nationals certain requirements as to good repute or absence of bankruptcy, that State shall accept as sufficient evidence in respect of nationals of other Member States, without prejudice to paragraphs 2 and 3, an extract from a judicial record or, failing that, an equivalent document issued by a competent judicial or administrative authority in the carrier's country of origin or prior establishment showing that these conditions have been met.  2. Where a Member State imposes on its own nationals certain requirements as to good repute, and proof that such requirements are met cannot be furnished by means of the document referred to in paragraph 1, that State shall accept as sufficient evidence in respect of nationals of other Member States a certificate issued by a competent judicial or administrative authority in the State of origin or prior establishment stating that the requirements in question have been met. Such certificates shall relate to the specific facts regarded as relevant by the host State.  3. Where the document required in accordance with paragraphs 1 and 2 is not issued by the State of origin or prior establishment, such document may be replaced by a declaration on oath or by a solemn declaration made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary in that person's State of origin or prior establishment; such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration. The declaration in respect of bankruptcy may likewise be made before a competent professional body in the same State.  4. Documents issued in accordance with paragraphs 1 and 2 must not, when produced, have been issued more than three months earlier. This condition shall also apply to declarations made in accordance with paragraph 3.  Article 9  1. Where a Member State imposes certain requirements as to financial standing on its own nationals and where a certificate is required as proof, that State shall regard corresponding certificates issued by banks in the State of origin or prior establishment, or by other bodies designated by that State, as equivalent to certificates issued within its own territory.  2. Where a Member States imposes certain requirements as to financial standing on its own nationals and where proof that such requirements are satisfied cannot be furnished by means of the document referred to in paragraph 1, that State shall accept as sufficient evidence in respect of nationals of other Member States a certificate issued by a competent administrative authority in the State of origin or prior establishment stating that the requirements in question have been met. Such certificates shall relate to the specific facts regarded as relevant by the host State. Article 10  Articles 7, 8 and 9 shall also apply to nationals of Member States who, pursuant to Regulation (EEC) No 1612/68, are required to engage as employed persons in the activities referred to in Article 1 of this Directive.  CHAPTER IV  Final provisions  Article 11  1. Member States shall bring into force the measures necessary to comply with this Directive by 30 June 1988. They shall forthwith inform the Commission thereof.  They shall ensure that the initial verification of the standards of competence referred to in Article 3 takes place before 1 July 1990.  2. Member States shall forward to the Commission the texts of the main provisions of national law which they adopt in the fields governed by this Directive.  Article 12  This Directive is addressed to the Member States.  Done at Brussels, 9 November 1987.  For the Council  The President  B. HAAKONSEN  (1) OJ No C 351, 24. 12. 1983, p. 5.  (2) OJ No C 172, 2. 7. 1984, p. 8.  (3) OJ No C 248, 17. 9. 1984, p. 40.  (4) OJ No L 308, 19. 11. 1974, p. 18.  (5) OJ No L 334, 24. 12. 1977, p. 37.  (1) OJ No L 257, 19. 10. 1968, p. 2.  ANNEX  LIST FOF THE SUBJECTS REFERRED TO IN ARTICLE 3 (2) FOR WHICH PROOF OF PROFESIONAL COMPETENCE MUST BE PROVIDED  The knowledge to be taken into consideration for recognition of professional competence must relate to at least the subjects listed below. The latter must be described in detail and be defined or approved by the competent national authorities. The subject matter must be such that it can be assimilated by persons whose educational level is equivalent to that attained at the end of compulsory schooling.  A. Subjects of which a satisfactory knowledge is required in the case of carriers intending to engage solely in national transport operations  1. Law  Rudiments of civil law and commercial, social and tax legislation of which knowledge is necessary for the pursuit of the occupation, particularly as regards:  - contracts in general,  - haulage contracts, in particular the liability of the carrier (nature and limits),  - commercial companies,  - business accounts,  - labour and social security regulations,  - the tax system.  2. The commercial and financial management of an undertaking  - methods of payment and financing,  - calculation of cost prices,  - system of prices and terms of carriage,  - commercial accounting,  - insurance,  - invoices,  - transport agents.  3. Access to the market  - the provisions relating to the taking up and pursuit of the occupation,  - chartering systems,  - transport documents.  4. Technical standards and technical aspects of operation  - the technical features of vessels,  - the choice of vessels,  - registration,  - lay days and demurrage.  5. Safety  - the provisions laid down by law, regulation or administrative action concerning waterway traffic,  - accident prevention and measures to be taken in the event of accident.  B. Subjects of which a knowledge is required in the case of carriers intending to engage in international transport operations  - subjects listed under A,  - provisions applicable to waterway transport between the Member States and between the Community and non-member countries which are derived from national law, Community standards and international conventions and agreements, particularly with regard to chartering and prices and terms of carriage,  - customs practices and formalities,  - principal traffic regulations in the Member States.


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31989L0463

Council Directive 89/463/EEC of 18 July 1989 amending Directive 83/416/EEC concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States

Official Journal L 226 , 03/08/1989 P. 0014 - 0015

COUNCIL DIRECTIVE of 18 July 1989 amending Directive 83/416/EEC concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States (89/463/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas Directive 83/416/EEC (3), as last amended by Directive 86/216/EEC (4), establishes a Community procedure for authorizing scheduled inter-regional air services between Member States;  Whereas this initiative represents a significant step towards the completion of the internal market;  Whereas the system set up by the aforementioned Directive is of an experimental nature and Article 13 of the Directive therefore provides for the Council to review the operation of the Directive before 1 July 1986 on the basis of reports furnished by  the Commission;  Whereas experience has shown that only a few services have been authorized in accordance with the Directive and that it would therefore be desirable to give air carriers greater scope to develop markets and thereby contribute to the evolution of the  intra-Community network;  Whereas common rules should promote the development of direct services between the various regions in the Community rather than indirect services;  Whereas a direct service between two airports should not be rejected when an air service between neighbouring airports exists;  Whereas the potential traffic from some regional airports is small but viable services can be operated from such airports when combined with services to other regional airports in the Community, with consequent energy and cost savings;   Whereas arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a Joint Declaration by the Ministers for Foreign Affairs of the two Member States  and such arrangements have yet to come into operation;  Whereas Directive 83/416/EEC should be amended accordingly,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 83/416/EEC is hereby amended as follows:  1.  Article 1 shall read as follows:  ´Article 1 1.  This Directive shall apply to procedures for authorizing those scheduled inter-regional air services, for the development of internal Community air transport for the carriage:  - of passengers, or - of passengers in combination with mail and/or cargo,  on journeys which both originate and end in the European territories of the Member States and which are operated between two airports in the Community which are open to international scheduled traffic of category 2 and 2, 2 and 3 or 3 and 3  respectively. The classification of airports is contained in Annex A.  2.  Notwithstanding the provisions of Article 1 (4) of Council Decision 87/602/EEC of 14 December 1987 on the sharing of passenger capacity between air carriers on scheduled air services between Member States and on access for air carriers to scheduled  air-service routes between Member States (5), Article 2 (b) and Articles 3 and 4 of that Decision shall apply to services authorized in accordance with this Directive and operated with aircraft of more than 70 passenger seats.  (6) OJ No L 374, 31. 12. 1987, p. 19.' 2.  The second subparagraph of Article 3 (2) is deleted.  3.  Point (c) of Article 6 (1) is deleted.  4.  Article 13 is replaced by the following:  ´Article 13 The Council shall decide on the revision of this Directive by 30 June 1990, on the basis of a Commission proposal to be submitted by 1 November 1989.' Article 2 1.  The application of this Directive to the airport of Gibraltar shall be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in  which the airport is situated.  2.  Application of the provisions of this Directive to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 have come into  operation. The Governments of the Kingdom of Spain and the United Kingdom will so inform the Council on that date.  Article 3 1.  Member States shall, after consultation of the Commission, take the necessary steps to amend their laws, regulations and administrative provisions to bring them into conformity with this Directive not later than 1 November 1989.  2.  Member States shall communicate to the Commission all laws, regulations and administrative provisions made in furtherance of this Directive.  Article 4 This Directive is addressed to the Member States.   Done at Brussels, 18 July 1989.  For the Council The President R. DUMAS  (1) OJ No C 13, 18. 1. 1988, p. 183. (2) OJ No C 105, 21. 4. 1987, p. 4. (3) OJ No L 237, 26. 8. 1983, p. 19. (4) OJ No L 152, 6. 6. 1986, p. 47.


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31999L0081

Council Directive 1999/81/EC of 29 July 1999 amending Directive 92/79/EEC on the approximation of taxes on cigarettes, Directive 92/80/EEC on the approximation of taxes on manufactured tobacco other than cigarettes and Directive 95/59/EC on taxes other than turnover taxes which affect the consumption of manufactured tobacco

Official Journal L 211 , 11/08/1999 P. 0047 - 0049

COUNCIL DIRECTIVE 1999/81/ECof 29 July 1999amending Directive 92/79/EEC on the approximation of taxes on cigarettes, Directive 92/80/EEC on the approximation of taxes on manufactured tobacco other than cigarettes and Directive 95/59/EC on taxes other than turnover taxes which affect the consumption of manufactured tobaccoTHE 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(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) in its first report on the structure and rates of excise duties, drawn up in accordance with the provisions of Directive 92/79/EEC(4) and Directive 92/80/EEC(5), the Commission merely drew attention to certain difficulties encountered in implementing the Directives, without proposing any precise solutions;(2) a consultation process involving national authorities, business representatives and interest groups has since taken place;(3) the first stage in this consultation process was the Lisbon Conference, the purpose of which was to assess the performance of the present Community arrangements and to assist the Commission in its task of planning future excise-duty policy;(4) the consultation process has led to a second Commission report;(5) the consultation process revealed difficulties in applying the 57 % minimum incidence rule;(6) the rules should be interpreted and implemented more uniformly in the Member States if the internal market is to operate smoothly;(7) moreover, rules which can be implemented more easily in practice should be established if the internal market is to operate smoothly;(8) Member States should nonetheless be allowed sufficient flexibility to identify and implement policies tailored to national circumstances;(9) for practical reasons, Member States should be afforded some flexibility to adjust the incidence of the overall minimum excise duty in line with certain changes, including those in VAT rates;(10) Member States should be given the option of neutralising the impact of changes in the VAT rate on the overall minimum excise duty;(11) the existence of this option should not lead to distortions of competition or to malfunctioning of the internal market;(12) the options open to the Member States regarding the application of the Directives should be limited in time;(13) the situation which justified the derogation from the overall minimum excise rate of 57 % that was granted to the Kingdom of Sweden by the 1994 Act of Accession still subsists; whereas it is therefore necessary to grant the Kingdom of Sweden an extension of the derogation up to and including 31 December 2002;(14) it is appropriate to give France an additional period up to and including 31 December 2002 for cigarettes and tobacco products sold on the island of Corsica;(15) it is appropriate to give Germany an additional period to adjust its national rates for fine-cut tobacco rolls in line with Community legislation;(16) there is nothing to prevent Member States from being authorised to apply a minimum excise duty to cigars, cigarillos and smoking tobacco where such an option already exists for cigarettes and hand-rolling tobacco;(17) there is a need to establish a regular review procedure;(18) the present period of two years is too short for changes in the legislation of the Member States to be properly evaluated;(19) for this reason reviews must take place not less frequently than every three years, and for the first time not later than 31 December 2000;(20) in order to avoid a fall in the value of the Community minimum rates of duty on cigars, cigarillos and hand-rolling tobacco and other smoking tobacco, a schedule of increases is needed;(21) therefore Directives 92/79/EEC, 92/80/EEC and 95/59/EC(6) should be amended,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 92/79/EEC is hereby amended as follows:1. the following Article shall be inserted: "Article 2a1. When a change in the retail selling price of cigarettes in the most popular price category occurs in a Member State, thereby bringing the incidence of the overall minimum excise duty below the level specified in the first subparagraph of Article 2, the Member State in question may refrain from adjusting the incidence of the overall minimum excise duty until not later than 1 January of the second year following that in which the change occurs.2. When a Member State increases the rate of value-added tax on cigarettes, it may reduce the incidence of the overall minimum excise duty up to an amount which, expressed as a percentage of the retail selling price, is equal to the incidence of the increase in the rate of value added tax, also expressed as a percentage of the retail selling price, even if such an adjustment has the effect of reducing the incidence of the overall minimum excise duty to below the level laid down in Article 2.3. If, in accordance with paragraph 2, a Member State reduces the incidence of the overall minimum excise duty to a level below that laid down in the first subparagraph of Article 2, it shall raise that incidence so as to reach at least that level not later than 1 January of the second year after that in which the reduction took place.";2. the following paragraphs shall be added to Article 3: "3. Notwithstanding Article 2, the Kingdom of Sweden may postpone, up to and including 31 December 2002, the application of an overall minimum excise duty equivalent to 57 % of the retail selling price (inclusive of all taxes) of cigarettes in the most popular price category. In addition, the Kingdom of Sweden may not reduce the overall excise duty below the level applied on 1 August 1998.4. Up to and including 31 December 2002, the French Republic may apply for cigarettes sold on the island of Corsica the same rates as those in force on 31 December 1997.";3. Article 4 shall be replaced by the following: "Article 4Not less frequently than every three years, and for the first time not later than 31 December 2000, the Council, acting on the basis of a report and, where appropriate, a proposal from the Commission, shall examine the overall minimum excise duty laid down in Article 2 and in Article 3(2) and the structure of excise duties as defined by Article 16 of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco(7) and, acting unanimously after consulting the European Parliament, shall adopt the necessary measures. The report by the Commission and the examination by the Council shall take into account the proper functioning of the internal market and the wider objectives of the Treaty.".Article 2Directive 92/80/EEC is hereby amended as follows:1. Article 3 shall be amended as follows:(a) paragraph 1 shall be replaced by the following: "1. Member States shall apply an excise duty which may be:(a) either an ad valorem duty calculated on the basis of the maximum retail selling price of each product, freely determined by manufacturers established in the Community and by importers from non-member countries in accordance with Article 9 of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco(8),(b) or a specific duty expressed as an amount per kilogram or in the case of cigars and cigarillos alternatively for a given number of items,(c) or a mixture of both, combining an ad valorem element and a specific element.In cases where excise duty is either ad valorem or mixed, Member States may establish a minimum amount of excise duty.The overall excise duty expressed as a percentage, as an amount per kilogram or for a given number of items shall be at least equivalent to the rates or minimum amounts laid down for:- cigars and cigarillos: 5 % of the retail selling price inclusive of all taxes, or EUR 9 per 1000 items or per kilogram,- fine-cut smoking tobacco intended for the rolling of cigarettes: 30 % of the retail selling price inclusive of all taxes, or EUR 24 per kilogram,- other smoking tobaccos: 20 % of the retail selling price inclusive of all taxes, or EUR 18 per kilogram.As from 1 January 2001, the amounts of EUR 9, EUR 24 and EUR 18 in the preceding three indents shall be replaced by EUR 10, EUR 25 and EUR 19 respectively.";(b) the following paragraph shall be added: "4. The French Republic may until 31 December 2002 apply for tobacco products covered by this Directive and sold on the island of Corsica the same rates as were in force on 31 December 1997.";2. Article 4 shall be replaced by the following: "Article 4Not less frequently than every three years, and for the first time not later than 31 December 2000, the Council, acting on the basis of a report and, where appropriate, a proposal from the Commission, shall examine the rates of duty laid down herein and, acting unanimously after consulting the European Parliament, shall adopt the necessary measures. The report by the Commission and the examination by the Council shall take into account the proper functioning of the internal market, the real value of the rates of duty and the wider objectives of the Treaty."Article 3Directive 95/59/EC is hereby amended as follows:1. in the second subparagraph of Article 4(1), the words "Until 31 December 1998" shall be replaced by "Up to and including 31 December 2001";2. Article 16 shall be amended as follows:(a) the following paragraph shall be inserted: "2a. By way of derogation from paragraph 2, where a change in the retail selling price of cigarettes in the most popular price category occurs in a Member State, thereby bringing the specific component of the excise duty, expressed as a percentage of the total tax burden, below 5 % or above 55 % of the total tax burden, the Member State in question may refrain from adjusting the amount of the specific excise duty until not later than 1 January of the second year following that in which the change occurs.";(b) in paragraph 3, the phrase "If the excise duty or the turnover tax levied" shall be replaced by "If the excise duty levied";(c) paragraph 5 shall be replaced by the following: "5. Member States may levy a minimum excise duty on cigarettes, provided that this does not have the effect of raising the total tax to more than 90 % of the total tax on the most popular price category of cigarettes."Article 41. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive as from 1 January 1999. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such a reference shall be laid down by the Member States.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 5This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.It shall apply from 1 January 1999.Article 6This Directive is addressed to the Member States.Done at Brussels, 29 July 1999.For the CouncilThe PresidentS. HASSI(1) OJ C 203, 30.6.1998, p. 16.(2) OJ C 153, 1.6.1999.(3) OJ C 410, 31.12.1998, p. 1.(4) OJ L 316, 31.10.1992, p. 8.(5) OJ L 316, 31.10.1992, p. 10.(6) OJ L 291, 6.12.1995, p. 40.(7) OJ L 291, 6.12.1995, p. 40.(8) OJ L 291, 6.12.1995, p. 40.