Important legal notice

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31979L0115

Council Directive 79/115/EEC of 21 December 1978 concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel

Official Journal L 033 , 08/02/1979 P. 0032 - 0032 Finnish special edition: Chapter 7 Volume 2 P. 0105  Greek special edition: Chapter 07 Volume 2 P. 0095  Swedish special edition: Chapter 7 Volume 2 P. 0105  Spanish special edition: Chapter 07 Volume 2 P. 0163  Portuguese special edition Chapter 07 Volume 2 P. 0163

		Council Directiveof 21 December 1978concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel(79/115/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,Whereas, for the sake of safety at sea and of preventing marine pollution, it is necessary to ensure that vessels wishing to use the services of pilots in the North Sea and English Channel can call on adequately qualified deep-sea pilots, and to promote the employment of such pilots in vessels flying the flags of Member States,HAS ADOPTED THIS DIRECTIVE:Article 11. The Member States which have coasts bordering on the North Sea or English Channel shall take all necessary and appropriate measures to ensure that vessels availing themselves of the services of a deep-sea pilot for pilotage in the North Sea or the English Channel be provided with adequately qualified deep-sea pilots in possession of a certificate delivered by a competent authority of one of these Member States certifying that such pilots are qualified to pilot vessels in the North Sea and the English Channel.2. Each Member State shall take all necessary and appropriate measures to encourage vessels flying its national flag to avail themselves, in the North Sea and the English Channel, of the services of only those deep-sea pilots who are in possession of a certificate as referred to in paragraph 1 or of an equivalent certificate delivered by another North Sea coastal State, when seeking the assistance of deep-sea pilots.Article 2After consulting the Commission, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1980. They shall forthwith inform the Commission thereof.Article 3This Directive is addressed to the Member States.Done at Brussels, 21 December 1978.For the CouncilThe PresidentOtto Graf Lambsdorff--------------------------------------------------


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31971L0261

Commission Directive 71/261/EEC of 30 June 1971 on the application of Article 2 (3) (d) and (4) of the Council Directive of 4 March 1969 on the harmonisation of provisions laid down by law, regulation or administrative action in respect of inward processing

Official Journal L 161 , 19/07/1971 P. 0017 - 0018 Danish special edition: Series I Chapter 1971(II) P. 0460  English special edition: Series I Chapter 1971(II) P. 0520  Greek special edition: Chapter 02 Volume 1 P. 0133  Spanish special edition: Chapter 02 Volume 1 P. 0098  Portuguese special edition Chapter 02 Volume 1 P. 0098

++++ ( 1 ) OJ N L 58 , 8 . 3 . 1969 , P . 1 .  COMMISSION DIRECTIVE  OF 30 JUNE 1971  ON THE APPLICATION OF ARTICLE 2 ( 3 ) ( D ) AND ( 4 ) OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ON THE HARMONISATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING   ( 71/261/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ( 1 ) ON THE HARMONISATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING , AND IN PARTICULAR ARTICLE 28 THEREOF ;  WHEREAS UNDER ARTICLE 2 ( 3 ) ( D ) OF THAT DIRECTIVE COMPENSATING PRODUCTS MEANS PRODUCTS PRODUCED BY USING AGENTS SUCH AS CATALYSTS , ACCELERATORS OR RETARDERS OF CHEMICAL REACTIONS WHICH , BEING EMPLOYED IN THE COURSE OF PRODUCTION , DISAPPEAR ENTIRELY OR PARTIALLY WHEN SO EMPLOYED AND ARE THEREAFTER NOT DISTINGUISHABLE IN THE GOODS PRODUCED ;  WHEREAS TO FACILITATE THE APPLICATION OF THAT PROVISION IT IS DESIRABLE TO SPECIFY WHICH AGENTS MAY BE USED WITHIN THE MEANING OF THE AFOREMENTIONED DIRECTIVE ;  WHEREAS THE AGENTS LISTED IN THE ANNEX TO THIS DIRECTIVE , WHERE THEY ARE USED FOR PURPOSES SET OUT THEREIN MAY BE INCLUDED AMONG THOSE AGENTS ;  WHEREAS UNDER ARTICLE 2 ( 4 ) THE TOTAL OR PARTIAL DISAPPEARANCE OF SUCH AGENTS SHALL BE TREATED AS EXPORTATION OF COMPENSATING PRODUCTS IF THE GOODS PRODUCED ARE EXPORTED ;  WHEREAS IT SHOULD BE PROVIDED THAT , WHERE THE GOODS PRODUCED ARE NOT EXPORTED IN THEIR ENTIRETY , THE MAY BE SO TREATED ONLY IN SO FAR AS THEY ARE EXPORTED ; WHEREAS , MOREOVER , THEY SHALL BE SO TREATED ONLY FOR THAT PART OF THE AGENTS REFERRED TO ABOVE WHICH HAVE DISAPPEARED IN THE COURSE OF PRODUCTION OF THE EXPORTED GOODS ;  WHEREAS THE PROVISIONS OF THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON INWARD PROCESSING ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE PURPOSE OF THIS DIRECTIVE IS TO BRING INTO EFFECT PROVISIONS IMPLEMENTING ARTICLE 2 ( 3 ) ( D ) AND ( 4 ) OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ON HARMONISATION OF PROVISIONS LAID DOWN BY LAW , REGULATION AND ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING .  ARTICLE 2  THE AGENTS LISTED IN THE ANNEX , IF THEY ARE ESPECIALLY INTENDED FOR THE PURPOSES SET OUT IN THAT ANNEX , MAY BE INCLUDED AMONG THOSE TO WHICH THE PROVISIONS OF ARTICLE 2 ( 3 ) ( D ) AND ( 4 ) OF THE DIRECTIVE MENTIONED IN ARTICLE 1 APPLY .  ARTICLE 3  ARTICLE 2 ( 4 ) OF THE DIRECTIVE MENTIONED IN ARTICLE 1 MUST BE UNDERSTOOD AS APPLYING ONLY TO THAT PART OF THE AGENTS DEFINED IN ARTICLE 2 ( 3 ) ( D ) WHICH HAS DISAPPEARED IN THE COURSE OF PRODUCTION OF THE EXPORTED GOODS .  ARTICLE 4  THE MEMBER STATES SHALL BRING INTO FORCE , NOT LATER THAN 1 OCTOBER 1971 , THE MEASURES REQUIRED TO COMPLY WITH THIS DIRECTIVE .  ARTICLE 5  EACH MEMBER STATE SHALL NOTIFY THE COMMISSION OF THE PROVISIONS IT IS MAKING IN IMPLEMENTATION OF THIS DIRECTIVE .  THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 6  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 30 JUNE 1971 .  FOR THE COMMISSION  THE PRESIDENT  FRANCO M . MALFATTI  ANNEX   ( A ) FILTER MEDIA , ACTIVATED CLAYS AND OTHER SUBSTANCES FOR FILTRATION OF PRODUCTS OR GOODS , SUCH AS CHEMICAL AND PETROCHEMICAL PRODUCTS , BEER , WINE , OIL , ADDITIVES ;   ( B ) GOODS REQUIRED FOR THE PROTECTION OF PRODUCTS OR GOODS SUCH AS SPECIAL OILS , ANTI-RUST PREPARATIONS , PLASTIC FILMS AND SIMILAR COATINGS ;   ( C ) GOODS REQUIRED FOR THE CREATION OF PHYSICAL OR CHEMICAL CONDITIONS REQUIRED FOR CERTAIN PROCESSING OPERATIONS SUCH AS : INHIBITORS , STABILISERS , ANTI-FOAM AGENTS OR PREPARATIONS ; FOAM-MAKING PREPARATIONS ; WETTING AGENTS ; ANTIOXIDANT PREPARATIONS ; HELIUM ARGON AND CARBON DIOXIDE ; PREPARATIONS FOR COLLECTION OF DUST AND OTHER PARTICLES BY ELECTROSTATIC MEANS ; PARAFFIN WAX AND OTHER SUBSTANCES SERVING FOR BINDING NON-AGGLOMERATED MIXTURES OF METALLIC CARBIDES DURING THE SINTERING OF CARBIDES ; PREPARATIONS FOR THE SHAPING OF PARTS BY DRAWING , DYE-STAMPING , PUNCHING , EXTRUSION AND SIMILAR TECHNIQUES ;   ( D ) PREPARATIONS FOR THE SURFACE TREATMENT OF PRODUCTS OR GOODS SUCH AS : TEXTILE LUBRICANTS ; OILS , GASES AND SPECIAL PREPARATIONS FOR TEMPERING AND CASE-HARDENING OF ARTICLES OF STEEL OR OTHER MATERIALS ; POWDERS , PASTES , EMULSIONS AND OTHER ABRASIVE OR POLISHING PREPARATIONS , FLUXES , STAIN-REMOVERS , DETERGENTS AND SIMILAR PREPARATIONS ;   ( E ) PREPARATIONS OR SUBSTANCES , DESIGNED TO FACILITATE THE ASSEMBLING OF PRODUCTS OR GOODS SUCH AS : GLYCEROL , SOAP , TALC ;   ( F ) FUELS USED EITHER FOR TESTING ENGINES CONSTRUCTED UNDER INWARD PROCESSING ARRANGEMENTS , OR FOR THE DETECTION OF FAULTS IN ENGINES TO BE REPAIRED , OR TESTING THEM AFTER REPAIR , UNDER SUCH ARRANGEMENTS .


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31974L0411

Council Directive 74/411/EEC of 1 August 1974 amending, for the first time, Council Directive No 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption

Official Journal L 221 , 12/08/1974 P. 0017 - 0017 Finnish special edition: Chapter 13 Volume 4 P. 0056  Greek special edition: Chapter 03 Volume 11 P. 0039  Swedish special edition: Chapter 13 Volume 4 P. 0056  Spanish special edition: Chapter 13 Volume 4 P. 0029  Portuguese special edition Chapter 13 Volume 4 P. 0029

COUNCIL DIRECTIVE  of 1 August 1974  amending, for the first time, Council Directive No 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption  (74/411/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Whereas the first sentence of the first paragraph of Article 15 of Council Directive No 73/241/EEC (1) of 24 July 1973 on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption, provides that Member States shall, if necessary, within a period of one year following notification amend their laws in accordance with the provision of that Directive;  Whereas it appears that the present wording of certain provisions of the Directive concerned may give rise to conflicting interpretation and that they should therefore be worded more accurately;  Whereas the Commission has stated that it is about to submit a proposal to clarify the Directive but that it will not be possible to take action before the expiry of the abovementioned period;  Whereas Member States should therefore be enabled, by the extension of that period, to take account, when giving effect to the Directive in their national laws, of any changes which may have been made;  Whereas, however, there is no need to alter the period of two years laid down in the second sentence of the first paragraph of Article 15 of the said Directive,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The first paragraph of Article 15 of Directive No 73/241/EEC shall be replaced by the following text with effect from 1 August 1974: "By 1 January 1975 Member States shall, if necessary, amend their laws in accordance with the provisions of this Directive and shall forthwith inform the Commission thereof. The laws thus amended shall apply to products offered for sale in the Member States two years after the notification of this Directive."   Article 2 This Directive is addressed to the Member States.     Done at Brussels, 1 August 1974.  For the Council  The President  B. DESTREMAU  (1)OJ No L 228, 16.8.1973, p. 23.


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31971L0140

Council Directive 71/140/EEC of 22 March 1971 amending the Directive of 9 April 1968 on the marketing of material for the vegetative propagation of the vine

Official Journal L 071 , 25/03/1971 P. 0016 - 0018 Finnish special edition: Chapter 3 Volume 3 P. 0163  Danish special edition: Series I Chapter 1971(I) P. 0149  Swedish special edition: Chapter 3 Volume 3 P. 0163  English special edition: Series I Chapter 1971(I) P. 0166  Greek special edition: Chapter 03 Volume 6 P. 0144  Spanish special edition: Chapter 03 Volume 4 P. 0150  Portuguese special edition Chapter 03 Volume 4 P. 0150

COUNCIL DIRECTIVE  of 22 March 1971  amending the Directive of 9 April 1968 on the marketing of material for the vegetative propagation of the vine  (71/140/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament;  After consulting the Economic and Social Committee;  Whereas it is necessary to amend certain provisions of the Council Directive of 9 April 1968 (1) on the marketing of material for the vegetative propagation of the vine;  Whereas Council Regulation (EEC) No 1388/70 (2) of 13 July 1970 on general rules for the classification of vine varieties lays down provisions relating to the cultivation of vine varieties in certain regions;  Whereas, therefore, only propagation material of varieties whose cultivation is authorised in a Member State should be marketed without restriction in that State;  Whereas it is no longer necessary, therefore, to establish a common list of varieties giving all the varieties of which propagation material may be marketed freely within the Community;  Whereas it is still necessary, however, for each Member State to compile a catalogue of varieties accepted for certification, and for checking as standard material in its territory;  Whereas uniform rules should be used for compiling these catalogues so that the varieties accepted will be distinct, stable and sufficiently uniform;  Whereas, in order to carry out the examinations for the acceptance of a variety, a large number of criteria and minimum requirements must be laid down;  Whereas provision should also be made to ensure that these examinations are carried out, as far as possible, at the same time as the tests for assessing fitness for cultivation purposes with a view to classification;  Whereas if vine propagation material is not normally propagated or marketed in the territory of a Member State, provision should be made for the possible exemption of that State from the obligation to apply this Directive;  Whereas basically technical amendments to the Annexes should be facilitated by an expeditious procedure;  Whereas one of the technical provisions of Annex I to the Directive in question should be amended;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Council Directive of 9 April 1968 on the marketing of material for the vegetative propagation of the vine is hereby amended as follows.   Article 2 The following shall be substituted for Article 2 (2):  "2. Member States may, as a transitional measure, after the entry into force of the laws,  (1)OJ No L 93, 17.4.1968, p. 15. (2)OJ No L 155, 16.7.1970, p. 5.   regulations or administrative provisions necessary to comply with this Directive, provide that propagation material which has been used for establishing stock nurseries or cutting nurseries is equivalent to propagation material certified or checked in accordance with the provisions of this Directive, if before being so used it afforded the same assurances as propagation material certified or checked in accordance with the provisions of this Directive."   Article 3 The following shall be substituted for Article 5:  "Each Member State shall compile a catalogue of the vine varieties officially accepted for certification and for checking as standard material in its territory. The catalogue may be consulted by any person. It shall specify the principal morphological and physiological characters by which the varieties can be distinguished one from another. In the case of varieties already accepted on 31 December 1971, reference may be made to the description given in official ampelographic publications."   Article 4 The following shall be added after Article 5:  "Article 5a  The Member States shall ensure that no variety is accepted unless it is distinct, stable and sufficiently uniform.  Article 5b 1. A variety shall be regarded as distinct if, when acceptance is applied for it differs markedly, in one or more important morphological or physiological characters, from any other variety accepted or submitted for acceptance in the Member State in question.  2. A variety shall be regarded as stable if, after successive propagation, it remains true to the description of its essential characters.  3. A variety shall be regarded as sufficiently uniform if, apart from a very few aberrations, the plants of which it is composed are similar as regards the characters, taken as a whole, considered for this purpose.  Article 5c  The Member States shall ensure that varieties coming from other Member States are subject to the same requirements as those which apply to domestic varieties, in particular as regards the acceptance procedure.  Article 5d 1. The Member States shall provide that acceptance of varieties be based on the results of official examinations, particularly growing trials, covering a sufficient number of characters for the variety to be described. The methods used for determining characters must be exact and reliable.  2. The following shall be fixed in accordance with the procedure laid down in Article 17, account being taken of current scientific and technological knowledge:        (a) the characters to be covered as a minimum by the examinations,               (b) the minimum requirements for carrying out the examinations.                 3. If it is known that propagation material of a given variety is marketed in another country under a different name, that name shall also be indicated in the catalogue.  Article 5e 1. The varieties accepted shall be officially checked at regular intervals. If any of the conditions for acceptance for certification or checking is no longer satisfied, acceptance shall be revoked and the variety deleted from the catalogue.  2. The catalogue of varieties and any alterations made to it shall be sent forthwith to the other Member States and to the Commission."   Article 5 Article 6 is hereby repealed.   Article 6 The following shall be substituted for Article 12 (2):  "2. Where no measures have been taken by the Commission under Article 3 (4) (b) and entered into force, Member States may provide that after specified dates propagation material of certain vine varieties may not be placed on the market unless it has been officially certified as "basic material" or "certified material"."    Article 7 The following Article shall be added after Article 12:  "Article 12a  The Member States shall ensure that propagation material of vine varieties which have been approved for cultivation in their territory or part of their territory under Regulation (EEC) No 1388/70 are subject to no marketing restrictions in their territory relating to variety."   Article 8 The following Article shall be added after Article 17:  "Article 17a  The Council, acting on a proposal from the Commission and in the light of current scientific and technical knowledge, shall adopt any amendments to be made to the Annexes."   Article 9 The following Articles shall be added after Article 18:  "Article 18a  Upon application by a Member State, which will be dealt with as provided in Article 17, that State may be wholly or partially released from the obligation or apply this Directive if vine propagation material is not normally propagated or marketed in its territory.  Article 18b  This Directive shall be without prejudice to Council Regulation (EEC) No 234/68 (1) of 27 February 1968 on the establishment of a common organisation of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage."   Article 10 The following shall be substituted for the text of Annex I (I) (5):  "5. Harmful virus diseases, especially grapevine fanleaf and leaf roll, must be eliminated from crops intended for the production of basic material. Crops intended for the production of propagation material of the other categories shall be kept free from plants showing symptoms of harmful virus diseases."   Article 11 The Member States shall, not later than 1 July 1972, bring into force the laws, regulations or administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.   Article 12 This Directive is addressed to the Member States.     Done at Brussels, 22 March 1971.  For the Commission  The President  M. COINTAT  (1)OJ No L 55, 2.3.1968, p. 1.


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32001L0002

Commission Directive 2001/2/EC of 4 January 2001 adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment (Text with EEA relevance)

Official Journal L 005 , 10/01/2001 P. 0004 - 0005

Commission Directive 2001/2/ECof 4 January 2001adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment(1), and in particular Article 14 thereof,Whereas:(1) Article 3(1) of Directive 1999/36/EC stipulates that new receptacles and new tanks shall meet the relevant provisions of Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(2), as last amended by Directive 2000/61/EC of the European Parliament and of the Council(3), and also that they shall meet the relevant provisions of Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(4), as last amended by Directive 2000/62/EC of the European Parliament and of the Council(5).(2) The provisions of the European Agreement on the International Carriage of Dangerous Goods by Road (hereinafter referred to as the ADR) and of the regulation on the international carriage of dangerous goods by Rail (hereinafter referred to as the RID)(6), together with their amendments, are annexed to Directives 94/55/EC and 96/49/EC respectively. A new version of the ADR and RID will enter into force on 1 July 2001.(3) Annex V to Directive 1999/36/EC lays down the modules to be followed for the conformity assessment of the new receptacles and new tanks. These provisions no longer comply with the new version of the ADR and the RID. Consequently, this Annex should be amended.(4) The amendments necessary for adapting the Annexes to Directive 1999/36/EC shall be adopted pursuant to Article 14 of the Directive, in accordance with the procedure laid down in Article 15 thereof.(5) The measures provided for in this Directive are in accordance with the opinion of the Committee referred to in Article 15 of Directive 1999/36/EC,HAS ADOPTED THIS DIRECTIVE:Article 1The text of the Annex to Directive 1999/36/EC is replaced by the text of the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 2001 at the latest. 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 on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall comunicate to the Commission the text of the main provisions of domestic law that they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 4 January 2001.For the CommissionLoyola De PalacioVice-President(1) OJ L 138, 1.6.1999, p. 20.(2) OJ L 319, 12.12.1994, p. 7.(3) OJ L 279, 1.11.2000, p. 40.(4) OJ L 235, 17.9.1996, p. 25.(5) OJ L 279, 1.11.2000, p. 44.(6) Regulation set out in Annex I to Appendix B of the Convention on the International Carriage of Goods by Rail (COTIF).ANNEX"ANNEX VMODULES TO BE FOLLOWED FOR CONFORMITY ASSESSMENTThe following table indicates which conformity assessment modules as described in Annex IV, Part I, are to be followed for the transportable pressure equipment defined in Article 2(1).>TABLE>Notice 1.Transportable pressure equipment must be subject, at the choice of the manufacturer, to one of the conformity assessment procedures laid down for the category in which it is classified. In the case of receptacles, or their valves or other accessories used for transport, the manufacturer may also choose to apply one of the set procedures for the higher categories.Notice 2.As part of the quality assurance procedures, the notified body must, when making unannounced visits, take a sample of the equipment at the manufacturing or storage premises for the purpose of carrying out a check, or having a check carried out, to verify compliance with the requirements of this Directive. For this purpose the manufacturer must inform the notified body of the production programme planned. The notified body shall carry out at least two visits during the first year of manufacturing. The frequency of subsequent visits will be determined by the notified body on the basis of the criteria set out in point 4.4 of the relevant modules in Annex IV, Part I."


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31999L0077

Commission Directive 1999/77/EC of 26 July 1999 adapting to technical progress for the sixth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (asbestos) (Text with EEA relevance)

Official Journal L 207 , 06/08/1999 P. 0018 - 0020

COMMISSION DIRECTIVE 1999/77/ECof 26 July 1999adapting to technical progress for the sixth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (asbestos)(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(1), as last amended by Directive 1999/43/EC of the European Parliament and of the Council(2), and in particular Article 2a thereof, introduced by Council Directive 89/678/EEC(3);(1) Whereas the use of asbestos and products containing it can, by the release of fibres, cause asbestosis, mesothelioma and lung cancer; whereas placing on the market and use should therefore be subject to the severest possible restrictions;(2) Whereas Council Directive 83/478/EEC(4) amending for the fifth time Directive 79/769/EEC specified that the crocidolite type of asbestos fibre and products containing it may, with three possible exceptions, no longer be placed on the market and used; whereas this same Directive established obligatory labelling provisions for all products containing asbestos fibres;(3) Whereas Council Directive 85/610/EEC(5) amending for the seventh time Directive 76/769/EEC specified that asbestos fibres can no longer be placed on the market and used in toys, materials and preparations applied by spraying, retail products in powder form, smoking accessories, catalytic heaters, paints and varnishes;(4) Whereas Commission Directive 91/659/EEC(6) adapting to technical progress Annex I of Directive 76/769/EEC specified that all of the amphibole type of asbestos fibres and products containing them may no longer be placed on the market and used; whereas this same directive specified that the chrysotile type of asbestos fibre and products containing it may no longer be placed on the market and used for fourteen categories of products;(5) Whereas the Scientific Committee on Toxicity, Ecotoxicity and the Environment was consulted on the health effects of chrysotile asbestos and its substitutes;(6) Whereas there are now available for most remaining uses of chrysotile asbestos substitutes or alternatives which are not classified as carcinogens and are regarded as less dangerous;(7) Whereas no threshold level of exposure has yet been identified below which chrysotile asbestos does not pose carcinogenic risks;(8) Whereas exposure of workers and other users of asbestos-containing products is extremely difficult to control and may greatly exceed current limit values on an intermittent basis and this category of exposure now poses the greatest risks for development of asbestos-related diseases;(9) Whereas an effective way of protecting human health is to prohibit the use of chrysotile asbestos fibres and products containing them;(10) Whereas the scientific knowledge about asbestos and its substitutes is continually developing; whereas the Commission will therefore ask the Scientific Committee on Toxicity, Ecotoxicity and the Environment to undertake a further review of any relevant new scientific data on the health risks of chrysotile asbestos and its substitutes before 1 January 2003; whereas this review will also consider other aspects of this directive, in particular the derogations, in the light of technical progress; whereas, if necessary, the Commission will propose appropriate changes to legislation;(11) Whereas a period of adjustment is required to phase out the marketing and use of chrysotile asbestos and products containing it; whereas this period should be longer for diaphragms used for electrolysis in existing installations because the risk of exposure is extremely low and more time is necessary to develop suitable alternatives in this safety-critical application; whereas the Commission will review this derogation before 1 January 2008 after having consulted the Scientific Committee on Toxicity, Ecotoxicity and the Environment;(12) Whereas this Directive is without prejudice to Council Directive 89/391/EEC laying down minimum requirements for the protection of workers(7), and its individual Directives within the meaning of Article 16(1) of that Directive, in particular Council Directive 90/394/EEC of 28 June 1990 on protection of workers from the risks related to exposure to carcinogens at work(8) as amended by Directive 97/42/EC(9);(13) Whereas Council Directive 91/382/EEC(10) amending Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work provides a framework of control where activities may expose workers to asbestos dust;(14) Whereas this Directive is whithout prejudice to Commission Directive 98/12/EC(11) adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers;(15) Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 76/769/EEC is hereby adapted to technical progress as set out in the Annex hereto.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1st January 2005 at the latest and shall immediately inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to the 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 main provisions of national law which they adopt in the field covered by this Directive.3. From entry into force of this Directive to 1st January 2005, Member States may not allow the introduction of new applications for chrysotile asbestos on their territories.Article 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 26 July 1999.For the CommissionKarel VAN MIERTMember of the Commission(1) OJ L 262, 27.9.1976, p. 24.(2) OJ L 166, 1.7.1999, p. 87.(3) OJ L 398, 30.12.1989, p. 24.(4) OJ L 263, 24.9.1983, p. 33.(5) OJ L 375, 31.12.1985, p. 1.(6) OJ L 363, 31.12.1991, p. 36.(7) OJ L 183, 29.6.1989, p. 1.(8) OJ L 196, 26.7.1990, p. 1.(9) OJ L 179, 8.7.1997, p. 4.(10) OJ L 206, 29.7.1991, p. 16.(11) OJ L 81, 18.3.1998, p. 1.ANNEXIn Annex I to Directive 76/769/EEC point 6 shall be replaced by the following point: >TABLE>


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31981L1060

Council Directive 81/1060/EEC of 14 December 1981 derogating in favour of the Kingdom of the Netherlands from Directive 73/403/EEC on the synchronization of general population censuses

Official Journal L 385 , 31/12/1981 P. 0034 - 0034

COUNCIL DIRECTIVE of 14 December 1981 derogating in favour of the Kingdom of the Netherlands from Directive 73/403/EEC on the synchronization of general population censuses (81/1060/EEC)    THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 213 thereof,  Having regard to the proposal from the Commission,  Whereas Directive 73/403/EEC (1) provides that Member States shall conduct a general population census on a date between 1 March and 31 May 1981;  Whereas serious difficulties, which could not have been foreseen when the Directive was adopted, have arisen ; whereas they have not enabled the census operations to be carried out in the Kingdom of the Netherlands between the said dates;  Whereas the information required by the Commission can, to a large extent, be acquired partly from current demographic statistics and partly on a sample basis,  HAS ADOPTED THIS DIRECTIVE:     Article 1 By way of derogation, Directive 73/403/EEC shall not apply in the case of the Kingdom of the Netherlands.    Article 2 This Directive is addressed to the Kingdom of the Netherlands.     Done at Brussels, 14 December 1981.  For the Council  The President  G. HOWE  (1) OJ No L 347, 17.12.1973, p. 50.


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32002L0050

Commission Directive 2002/50/EC of 6 June 2002 adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment (Text with EEA relevance)

Official Journal L 149 , 07/06/2002 P. 0028 - 0028

Commission Directive 2002/50/ECof 6 June 2002adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment(1), and in particular Article 14 thereof,Whereas:(1) Commission Directive 2001/2/EC(2) has amended the certification procedures provided for in Directive 1999/36/EC as regards the combination of the modules to be followed for the conformity assessment of new receptacles and new tanks.(2) Those modules should be changed in order to ensure better coherence between them.(3) Annex IV to Directive 1999/36/EC should, therefore, be amended accordingly.(4) The measures provided for in this Directive are in accordance with the opinion of the Committee on transport of dangerous goods,HAS ADOPTED THIS DIRECTIVE:Article 1In Annex IV Part I, in module D, point 1, first sentence, point 3.1, second subparagraph, third indent and point 3.2, first subparagraph, the words "EC type-examination certificate" are replaced by the words "EC type-examination certificate or EC design-examination certificate".Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2003. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 6 June 2002.For the CommissionLoyola De PalacioVice-President(1) OJ L 138, 1.6.1999, p. 20.(2) OJ L 5, 10.1.2001, p. 4.


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32001L0093

Commission Directive 2001/93/EC of 9 November 2001 amending Directive 91/630/EEC laying down minimum standards for the protection of pigs

Official Journal L 316 , 01/12/2001 P. 0036 - 0038

Commission Directive 2001/93/ECof 9 November 2001amending Directive 91/630/EEC laying down minimum standards for the protection of pigsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs(1) as amended, and in particular Article 5 thereof,Whereas:(1) Pursuant to Article 6 of Directive 91/630/EEC the Scientific Veterinary Committee adopted on 30 September 1997 an opinion regarding the welfare of intensively kept pigs.(2) Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes(2), drawn up on the basis of the European Convention for the protection of animals kept for farming purposes, establishes Community provisions applying to all farmed animals in relation to construction requirements for animal housing, insulation, heating and ventilation conditions, equipment inspection and inspection of livestock. It is therefore necessary to deal with these matters in the Annex to Directive 91/630/EEC when more detailed requirements have to be established.(3) When pigs are kept in groups, appropriate management measures for their protection should be taken to improve their welfare.(4) Tail docking, tooth clipping and tooth grinding are likely to cause immediate pain and some prolonged pain to pigs. Castration is likely to cause prolonged pain which is worse if there is tearing of the tissues. Those practices are therefore detrimental to the welfare of pigs, especially when carried out by incompetent and inexperienced persons. As consequence, rules should be laid down to ensure better practices.(5) The abovementioned report of the Scientific Veterinary Committee recommended that, in the interests of their welfare, piglets should not be weaned from the sow aged less than 28 days, unless the health of either the sow or her piglets would otherwise be adversely affected or advantages for the health of the piglets justify an earlier weaning.(6) The measures provided for in this Directive are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 91/630/EEC is replaced by the text in the Annex to this Directive.Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2003 at the latest. They shall forthwith communicate to the Commission the text of those provisions.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 9 November 2001For the CommissionDavid ByrneMember of the Commission(1) OJ L 340, 11.12.1991, p. 33.(2) OJ L 221, 8.8.1998, p. 23.ANNEXCHAPTER IGENERAL CONDITIONSIn addition to the relevant provisions of the Annex to Directive 98/58/EC, the following requirements apply:1. In the part of the building where pigs are kept continuous noise levels as loud as 85 dBA shall be avoided. Constant or sudden noise shall be avoided.2. Pigs must be kept in light with an intensity of at least 40 lux for a minimum period of minimum eight hours per day.3. The accommodation for pigs must be constructed in such a way as to allow the animals to:- have access to a lying area physically and thermally comfortable as well as adequately drained and clean which allow all the animals to lie at the same time,- rest and get up normally,- see other pigs; however, in the week before the expected farrowing time and during farrowing, sows and gilts can be kept out of the sight of conspecifics.4. Not withstanding Article 3(5), pigs must have permanent access to a sufficient quantity of material to enable proper investigation and manipulation activities, such as straw, hay, wood, sawdust, mushroom compost, peat or a mixture of such, which does not compromise the health of the animals.5. Floors must be smooth but not slippery so as to prevent injury to the pigs and so designed, constructed and maintained so as not to cause injury or suffering to pigs. They must be suitable for the size and weight of the pigs and, if no litter is provided, form a rigid, even and stable surface.6. All pigs must be fed at least once a day. Where pigs are fed in groups and not ad libitum or by an automatic system feeding the animals individually, each pig must have access to the food at the same time as the others in the group.7. All pigs over two weeks of age must have permanent access to a sufficient quantity of fresh water.8. All procedures intended as an intervention carried out for other than therapeutic or diagnostic purposes or for the identification of the pigs in accordance with relevant legislation and resulting in damage to or the loss of a sensitive part of the body or the alteration of bone structure shall be prohibited with the following exceptions:- a uniform reduction of corner teeth of piglets by grinding or clipping not later than the seventh day of life of the piglets leaving an intact smooth surface; boars' tusks may be reduced in length where necessary to prevent injuries to other animals or for safety reasons,- docking of a part of the tail,- castration of male pigs by other means than tearing of tissues,- nose ringing only when the animals are kept in outdoor husbandry systems and in compliance with national legislation.Neither tail docking nor reduction of corner teeth must be carried out routinely but only where there is evidence that injuries to sows' teats or to other pigs' ears or tails have occurred. Before carrying out these procedures, other measures shall be taken to prevent tail biting and other vices taking into account environment and stocking densities. For this reason inadequate environmental conditions or management systems must be changed.Any of the procedures described above shall only be carried out by a veterinarian or a person trained as provided in Article 5 of this Directive experienced in performing the applied techniques with appropriate means and under hygienic conditions. If castration or docking of tails is practised after seventh day of life, it shall only be performed under anaesthetic and additional prolonged analgesia by a veterinarian.CHAPTER IISPECIFIC PROVISIONS FOR VARIOUS CATEGORIES OF PIGSA. BOARSBoar pens must be sited and constructed so as to allow the boar to turn round and to hear, smell and see other pigs. The unobstructed floor area available to an adult boar must be at least 6 m2.Where pens are also used for natural service the floor area available to an adult boar must be at least of 10 m2 and the pen must be free of any obstacles. From 1 January 2003 this provision shall apply to all holdings newly built or rebuilt or brought into use for the first time after this date. From 1 January 2005 this provision shall apply to all holdings.B. SOWS AND GILTS1. Measures shall be taken to minimise aggression in groups.2. Pregnant sows and gilts must, if necessary, be treated against external and internal parasites. If they are placed in farrowing crates, pregnant sows and gilts must be thoroughly cleaned.3. In the week before the expected farrowing time sows and gilts must be given suitable nesting material in sufficient quantity unless it is not technically feasible for the slurry system used in the establishment.4. An unobstructed area behind the sow or gilt must be available for the ease of natural or assisted farrowing.5. Farrowing pens where sows are kept loose must have some means of protecting the piglets, such as farrowing rails.C. PIGLETS1. A part of the total floor, sufficient to allow the animal to rest together at the same time, must be solid or covered with a mat, or be littered with straw or any other suitable material.2. Where a farrowing crate is used, the piglets must have sufficient space to be able to be suckled without difficulty.3. No piglets shall be weaned from the sow at less than 28 days of age unless the welfare or health of the dam or the piglet would otherwise be adversely affected.However, piglets may be weaned up to seven days earlier if they are moved into specialised housings which are emptied and thoroughly cleaned and disinfected before the introduction of a new group and which are separated from housings where sows are kept, in order to minimise the transmission of diseases to the piglets.D. WEANERS AND REARING PIGS1. When pigs are kept in groups measures must be taken to prevent fighting which goes beyond normal behaviour.2. They should be kept in groups with as little mixing as possible. If pigs unfamiliar with one another have to be mixed, this should be done at as young an age as possible, preferably before or up to one week after weaning. When pigs are mixed they shall be provided with adequate opportunities to escape and hide from other pigs.3. When signs of severe fighting appear the causes shall be immediately investigated and appropriate measures taken such as providing plentiful straw to the animals, if possible, or other materials for investigation. Animals at risk or particular aggressors shall be kept separate from the group.4. The use of tranquillising medicaments in order to facilitate mixing shall be limited to exceptional conditions and only after consultation with a veterinarian.


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31983L0416

Council Directive 83/416/EEC of 25 July 1983 concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States

Official Journal L 237 , 26/08/1983 P. 0019 - 0024 Spanish special edition: Chapter 07 Volume 3 P. 0166  Portuguese special edition Chapter 07 Volume 3 P. 0166

+++++( 1 ) OJ NO C 287 , 9 . 11 . 1981 , P . 114 .  ( 2 ) OJ NO C 343 , 31 . 12 . 1981 , P . 13 .  COUNCIL DIRECTIVE OF 25 JULY 1983 CONCERNING THE AUTHORIZATION OF SCHEDULED INTER-REGIONAL AIR SERVICES FOR THE TRANSPORT OF PASSENGERS , MAIL AND CARGO BETWEEN MEMBER STATES ( 83/416/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 A COMMUNITY PROCEDURE FOR AUTHORIZING SCHEDULED INTER-REGIONAL AIR SERVICES BETWEEN MEMBER STATES , FOR THE TRANSPORT OF PASSENGERS ONLY OR IN COMBINATION WITH MAIL AND/OR CARGO BETWEEN CERTAIN COMMUNITY AIRPORTS , WILL GIVE AIR CARRIERS GREATER SCOPE TO DEVELOP MARKETS AND COULD THUS CONTRIBUTE TO THE EVOLUTION OF THE INTRA-COMMUNITY NETWORK ;  WHEREAS COMMON RULES SHOULD BE ESTABLISHED TO GOVERN ACCESS TO THE PROVISION OF THESE SERVICES BY AIR CARRIERS EFFECTIVELY CONTROLLED BY MEMBER STATES OR THEIR NATIONALS , OR WHICH , ALTHOUGH NOT OWNED AND EFFECTIVELY CONTROLLED BY MEMBER STATES OR THEIR NATIONALS , NEVERTHELESS MEET CERTAIN REQUIREMENTS ;  WHEREAS THESE RULES SHOULD NOT AFFECT THE RELATIONSHIP BETWEEN THE HOME STATE AND ITS AIR CARRIERS ;  WHEREAS IT IS NECESSARY TO DEVELOP INTERNAL COMMUNITY AIR TRAFFIC ON REGIONAL ROUTES IN ORDER TO CONTRIBUTE TO THE DEVELOPMENT OF THE REGIONS WITHIN THE EUROPEAN COMMUNITY ;  WHEREAS IN RESPECT OF FARES AND RATES IT IS NECESSARY TO ADHERE TO THE PRINCIPLES OF A FAIR COST/PRICE RATIO AND A FAIR RETURN ON CAPITAL ;  WHEREAS THE LAWS AND REGULATIONS OF THE MEMBER STATES CONCERNING THE PROTECTION OF THE ENVIRONMENT , SOCIAL CONDITIONS AND MATTERS RELATING TO AIRPORTS SHOULD NOT BE PREJUDICED BY THIS DIRECTIVE ;  WHEREAS THE HOME STATE AND THE STATE AFFECTED SHOULD HAVE THE OPPORTUNITY TO APPLY LESS RESTRICTIVE PROVISIONS THAN THOSE IN THIS DIRECTIVE , AND TRAFFIC RIGHTS WHICH HAVE ALREADY BEEN GRANTED BY ONE MEMBER STATE TO ANOTHER SHOULD NOT BE RESTRICTED BY THIS DIRECTIVE ;  WHEREAS THE SYSTEM SET UP BY THIS DIRECTIVE IS OF AN EXPERIMENTAL NATURE AND ITS OPERATION SHOULD THEREFORE BE REVIEWED BY THE COUNCIL AT THE END OF A CERTAIN PERIOD FROM ITS TAKING EFFECT ;  WHEREAS THE DEVELOPMENT OF THE AIR TRAFFIC SYSTEM IN THE GREEK ISLANDS IS AT PRESENT INADEQUATE AND FOR THIS REASON AIRPORTS SITUATED ON THOSE ISLANDS SHOULD BE TEMPORARILY EXEMPTED FROM THE APPLICATION OF THIS DIRECTIVE ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 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 :  ( A ) OVER STAGES EACH BEING MORE THAN 400 KILOMETRES , OR OVER STAGES OF LESS THAN 400 KILOMETRES WHERE AIR TRANSPORT ALLOWS A SUBSTANTIAL TIME SAVING COMPARED TO SURFACE TRANSPORT , BECAUSE OF NATURAL OBSTACLES SUCH AS SEA AND MOUNTAINS ;  ( B ) BY AIRCRAFT WHICH HAVE A CAPACITY OF NOT MORE THAN 70 PASSENGER SEATS OR A MAXIMUM TAKEOFF WEIGHT OF NOT MORE THAN 30 TONNES ; AND  ( C ) 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 .  ARTICLE 2  FOR THE PURPOSES OF THIS DIRECTIVE :  ( A ) " SCHEDULED AIR SERVICE " MEANS A SERIES OF FLIGHTS EACH POSSESSING ALL THE FOLLOWING CHARACTERISTICS :  ( I ) IT IS PERFORMED AS DEFINED IN ARTICLE 1 FOR REMUNERATION , IN SUCH A MANNER THAT EACH FLIGHT IS OPEN TO USE BY MEMBERS OF THE PUBLIC ;  ( II ) IT IS OPERATED SO AS TO SERVE TRAFFIC BETWEEN THE SAME TWO OR MORE POINTS , EITHER  1 . ACCORDING TO A PUBLISHED TIMETABLE , OR  2 . WITH FLIGHTS SO REGULAR OR FREQUENT THAT THEY CONSTITUTE A RECOGNIZED SYSTEMATIC SERIES ;  ( B ) " INTER-REGIONAL AIR SERVICE " MEANS A SCHEDULED AIR SERVICE WHICH MAY BE AUTHORIZED IN ACCORDANCE WITH ARTICLE 1 ;  ( C ) " AIR CARRIER " MEANS :  ( I ) AN AIR TRANSPORT ENTERPRISE WHICH HAS ITS CENTRAL ADMINISTRATION AND PRINCIPAL PLACE OF BUSINESS IN THE COMMUNITY , THE MAJORITY OF WHOSE SHARES ARE OWNED BY NATIONALS OF MEMBER STATES AND/OR MEMBER STATES AND WHICH IS EFFECTIVELY CONTROLLED BY SUCH PERSONS OR STATES , OR  ( II ) AN AIR TRANSPORT ENTERPRISE WHICH , ALTHOUGH IT DOES NOT MEET THE DEFINITION SET OUT IN ( I ) ABOVE , AT THE TIME OF ADOPTION OF THIS DIRECTIVE :  A . EITHER HAS ITS CENTRAL ADMINISTRATION AND PRINCIPAL PLACE OF BUSINESS IN THE COMMUNITY AND HAS BEEN PROVIDING SCHEDULED OR NON-SCHEDULED AIR SERVICES IN THE COMMUNITY DURING THE 12 MONTHS PRIOR TO ADOPTION OF THIS DIRECTIVE ;  B . OR HAS BEEN PROVIDING SCHEDULED SERVICES BETWEEN MEMBER STATES ON THE BASIS OF THE THIRD AND FOURTH FREEDOMS OF THE AIR DURING THE 12 MONTHS PRIOR TO ADOPTION OF THIS DIRECTIVE .  THE ENTERPRISES WHICH MEET THE ABOVE CRITERIA ARE LISTED IN ANNEX B .  ( D ) " HOME STATE " MEANS THE MEMBER STATE IN WHICH THE AIR CARRIER IS ESTABLISHED AS AN AIR TRANSPORT OPERATOR FOR COMMERCIAL PURPOSES ;  ( E ) " STATE AFFECTED " MEANS A MEMBER STATE , OTHER THAN THE HOME STATE , IN WHICH THE AIRPORTS OF AN INTER-REGIONAL AIR SERVICE ARE SITUATED .  ARTICLE 3  1 . THE HOME STATE OF THE AIR CARRIER CONCERNED , IF IT GIVES ITS APPROVAL , SHALL FORWARD THE APPLICATION FOR AN INTER-REGIONAL AIR SERVICE TO THE STATE AFFECTED .  2 . THE STATE AFFECTED SHALL AUTHORIZE THE AIR CARRIER CONCERNED TO OPERATE SUCH AN INTER-REGIONAL AIR SERVICE IF IT CONFORMS TO THE PROVISIONS OF THIS DIRECTIVE .  HOWEVER , THIS PROVISION SHALL NOT TAKE EFFECT , IF , AT THE TIME OF APPLICATION FOR AUTHORIZATION :  ( A ) AN INDIRECT SCHEDULED AIR SERVICE ALREADY EXISTS BETWEEN THE TWO AIRPORTS CONCERNED , OR BETWEEN OTHER AIRPORTS WITHIN 50 KILOMETRES OF EITHER OF THEM , WHICH INVOLVES :  - A TOTAL TRANSIT TIME BETWEEN FLIGHT SECTORS OF LESS THAN 90 MINUTES , AND  - AN INCREASE IN TOTAL FLIGHT TIME COMPARED WITH THE PROPOSED INTER-REGIONAL AIR SERVICE OF LESS THAN 50 % , OR  ( B ) A SCHEDULED AIR SERVICE ALREADY EXISTS :  - BETWEEN ONE OF THE TWO AIRPORTS CONCERNED AND ANOTHER AIRPORT SITUATED WITHIN 50 KILOMETRES OF THE OTHER AIRPORT CONCERNED , OR  - BETWEEN TWO OTHER AIRPORTS SITUATED , IN EACH CASE , WITHIN 50 KILOMETRES OF ONE OF THE TWO AIRPORTS CONCERNED .  3 . WHEN THE HOME STATE FORWARDS AN APPLICATION FOR AN INTER-REGIONAL AIR SERVICE TO THE STATE AFFECTED , THAT STATE SHALL , WITHIN THREE MONTHS OF RECEIPT , REACH A DECISION EITHER AUTHORIZING THE SERVICE APPLIED FOR OR REFUSING IT ON THE GROUNDS PROVIDED FOR IN THIS ARTICLE OR IN ARTICLE 6 , AND NOTIFY THE HOME STATE AND THE COMMISSION OF THE DECISION .  ARTICLE 4  AN INTER-REGIONAL AIR SERVICE SHALL NOT BE APPROVED UNDER THE TERMS OF THIS DIRECTIVE UNLESS THE POINT OF ORIGIN OF THE SERVICE IS LOCATED IN THE HOME STATE OF THE AIR CARRIER .  ARTICLE 5  1 . THE AUTHORIZATIONS REFERRED TO IN ARTICLE 3 SHALL GIVE THE AIR CARRIER CONCERNED THE RIGHT TO PICK UP AND SET DOWN THE CLASSES OF TRAFFIC MENTIONED IN ARTICLE 1 .  2 . THE AUTHORIZATIONS MENTIONED IN PARAGRAPH 1 SHALL BE VALID FOR A PERIOD OF AT LEAST THREE YEARS , OR SUCH LESSER PERIOD AS MAY BE DESIRED BY THE AIR CARRIER CONCERNED , UNLESS REVOKED OR WITHDRAWN BECAUSE THE SERVICE IN QUESTION NO LONGER COMPLIES WITH THE CONDITIONS UNDER WHICH IT WAS AUTHORIZED .  3 . AN AUTHORIZATION SHALL LAPSE IF THE AIR CARRIER CONCERNED FAILS TO COMMENCE OPERATIONS WITHIN ONE YEAR AFTER THE INAUGURATION DATE INDICATED IN THAT AUTHORIZATION .  4 . SHOULD AN AIR CARRIER NOT ENJOY THE RIGHT TO OVERFLY OR LAND FOR NON-TRAFFIC PURPOSES IN THE TERRITORY OF A MEMBER STATE , THAT STATE SHALL ACCORD HIM THOSE RIGHTS FOR THE PURPOSES OF OPERATING ANY INTER-REGIONAL AIR SERVICE UNDER THE PROVISIONS OF THIS DIRECTIVE .  ARTICLE 6  1 . A STATE AFFECTED SHALL AUTHORIZE AN INTER-REGIONAL AIR SERVICE UNLESS ONE OR MORE OF THE FOLLOWING GROUNDS PRECLUDE SUCH AUTHORIZATION , AND PROVIDED THAT THESE DO NOT DISCRIMINATE AGAINST INTER-REGIONAL AIR SERVICES :  ( A ) THE AIRPORT AFFECTED IN THAT STATE HAS INSUFFICIENT FACILITIES TO ACCOMMODATE THE SERVICE ;  ( B ) NAVIGATIONAL AIDS IN THAT STATE ARE INADEQUATE TO ACCOMMODATE THE SERVICE ;  ( C ) THE TRAFFIC COVERED BY THE AIR SERVICE APPLIED FOR IS ALREADY SATISFACTORILY CATERED FOR , BOTH AS TO QUALITY AND AS TO QUANTITY , BY EXISTING DIRECT AIR SERVICES BETWEEN THE TWO AIRPORTS CONCERNED .  2 . WHERE AN AIR CARRIER OF ONE MEMBER STATE HAS BEEN AUTHORIZED TO OPERATE AN INTER-REGIONAL AIR SERVICE , THE HOME STATE OF THAT AIR CARRIER SHALL RAISE NO OBJECTION TO AN APPLICATION FOR THE INTRODUCTION OF AN INTER-REGIONAL SERVICE ON THE SAME ROUTE BY AN AIR CARRIER OF THE STATE AFFECTED .  ARTICLE 7  THE HOME STATE AND THE STATE AFFECTED SHALL APPROVE THE TARIFFS CHARGED BY AN AIR CARRIER ON A GIVEN INTER-REGIONAL AIR SERVICE WITHOUT OUTSIDE SUBSIDY ON THE BASIS THAT THEY :  ( A ) ARE IN REASONABLE PROPORTION TO THE COSTS OF THE AIR CARRIER'S OPERATIONS FOR THAT SERVICE WITHOUT DIRECT OR INDIRECT STATE AID , WHILE PERMITTING A SATISFACTORY RETURN ON CAPITAL ; AND  ( B ) DO NOT HAVE THE CHARACTER OF DUMPING .  ARTICLE 8  THE TERRITORIES OF THE MEMBER STATES COVERED BY THIS DIRECTIVE MEANS THE EUROPEAN TERRITORIES OF THE MEMBER STATES TO WHICH THE TREATY APPLIES .  ARTICLE 9  THE PROVISIONS OF THIS DIRECTIVE SHALL NOT PREJUDICE THE LAWS AND REGULATIONS OF THE MEMBER STATES , APPLICABLE EITHER NATIONALLY , REGIONALLY OR LOCALLY , CONCERNING THE PROTECTION OF THE ENVIRONMENT OR SOCIAL CONDITIONS , NOR MATTERS RELATED TO THE LOCATION , OPERATION OR SAFETY OF AIRPORTS OR THEIR FACILITIES . SUCH LAWS AND REGULATIONS SHALL NOT , HOWEVER , DISCRIMINATE AGAINST INTER-REGIONAL AIR SERVICES .  ARTICLE 10  1 . THE HOME STATE AND A STATE AFFECTED MAY BY AGREEMENT APPLY LESS RESTRICTIVE PROVISIONS WHILST RESPECTING THE PRESENT DIRECTIVE .  2 . THIS DIRECTIVE SHALL NOT RESTRICT ANY TRAFFIC RIGHT WHICH , AT THE TIME OF ADOPTION OF THIS DIRECTIVE , HAS BEEN GRANTED BY ONE MEMBER STATE TO ANOTHER , AND BY VIRTUE OF WHICH AN AIR CARRIER HAS BEEN OR CAN BE AUTHORIZED TO OPERATE AN AIR SERVICE .  ARTICLE 11  A STATE AFFECTED WHICH REFUSES AN AUTHORIZATION , AS PROVIDED FOR IN ARTICLES 3 AND 6 , SHALL ON REQUEST STATE IN WRITING THE REASONS ON WHICH THE DECISION IS BASED .  ARTICLE 12  1 . THE COMMISSION SHALL PRESENT AN ANNUAL REPORT TO THE COUNCIL ON THE OPERATION OF THIS DIRECTIVE , WHICH SHALL INCLUDE STATISTICAL INFORMATION ON THE NUMBERS OF INTER-REGIONAL AIR SERVICES APPROVED , AUTHORIZED OR REFUSED , AND THE NUMBERS OF SUCH SERVICES WHICH HAVE COMMENCED OR TERMINATED DURING THE PERIOD UNDER REFERENCE .  2 . MEMBER STATES AND THE COMMISSION SHALL COOPERATE IN THE APPLICATION OF THIS DIRECTIVE , PARTICULARLY AS REGARDS THE COLLECTION OF THE INFORMATION MENTIONED IN PARAGRAPH 1 .  ARTICLE 13  THE COUNCIL SHALL REVIEW THE OPERATION OF THIS DIRECTIVE BEFORE 1 JULY 1986 ON THE BASIS OF THE REPORTS FURNISHED BY THE COMMISSION .  ARTICLE 14  1 . THE MEMBER STATES SHALL , AFTER CONSULTATION OF THE COMMISSION , TAKE THE NECESSARY STEPS TO AMEND THEIR LAWS AND ADMINISTRATIVE PROVISIONS TO BRING THEM INTO CONFORMITY WITH THIS DIRECTIVE NOT LATER THAN 1 OCTOBER 1984 .  2 . THE MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION ALL LAWS AND ADMINISTRATIVE PROVISIONS MADE IN FURTHERANCE OF THIS DIRECTIVE .  ARTICLE 15  1 . AIRPORTS IN THE GREEK ISLANDS SHALL BE EXEMPTED FROM THE APPLICATION OF THIS DIRECTIVE UNTIL 1 JULY 1993 .  2 . UNLESS OTHERWISE DECIDED BY THE COUNCIL ON A PROPOSAL FROM THE COMMISSION , THIS EXEMPTION SHALL APPLY FOR A FURTHER PERIOD OF FIVE YEARS AND MAY BE CONTINUED FOR FIVE YEARS THEREAFTER .  3 . THE COMMISSION SHALL PROVIDE A REPORT ON THE DEVELOPMENT OF THE AIR TRAFFIC SYSTEM IN THE GREEK ISLANDS BY 31 DECEMBER 1991 , AND A FURTHER REPORT BY 31 DECEMBER 1996 .  ARTICLE 16  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 25 JULY 1983 .  FOR THE COUNCIL  THE PRESIDENT  C . SIMITIS  ANNEX A  CLASSIFICATION OF AIRPORTS OPEN TO SCHEDULED INTERNATIONAL TRAFFIC  MEMBER STATE * AIRPORT * AIRPORT CATEGORY  BELGIUM * BRUXELLES-ZAVENTEM * 1  DENMARK * KOEBENHAVN-KASTRUP/ROSKILDE * 1  GERMANY * FRANKFURT/RHEIN-MAIN * 1  * DUESSELDORF-LOHAUSEN * 1  * MUENCHEN-RIEM * 1  * HAMBURG-FUHLSBUETTEL * 2  * STUTTGART-ECHTERDINGEN * 2  * KOELN/BONN * 2  GREECE * ATHINA-HELLINIKON * 1  * THESSALONIKI-MICRA * 1  FRANCE * PARIS-CHARLES DE GAULLE/ORLY * 1  * MARSEILLE-MARIGNANE * 2  * NICE-COTE D'AZUR * 2  * LYON-SATOLAS * 2  * BALE-MULHOUSE * 2  IRELAND * DUBLIN * 1  * SHANNON * 2  ITALY * ROMA-FIUMICINO/CIAMPINO * 1  * MILANO-LINATE/MALPENSA * 1  * NAPOLI-CAPODICHINO * 2  * VENEZIA-TESSERA * 2  * CATANIA-FONTANAROSSA * 2  LUXEMBOURG * LUXEMBOURG-FINDEL * 2  NETHERLANDS * AMSTERDAM-SCHIPHOL * 1  UNITED KINGDOM * LONDON-HEATHROW/GATWICK/STANSTED * 1  * LUTON * 1  * MANCHESTER-RINGWAY * 2  * BIRMINGHAM-ELMDON * 2  * GLASGOW-ABBOTSINCH * 2  ALL OTHER AIRPORTS OPEN TO SCHEDULED INTERNATIONAL TRAFFIC * * 3  ANNEX B  AIRLINES REFERRED TO IN ARTICLE 2 ( C ) ( II )  THE FOLLOWING AIRLINES MEET THE CRITERIA REFERRED TO IN ARTICLE 2 ( C ) ( II ) AS LONG AS THEY ARE RECOGNIZED AS NATIONAL CARRIERS BY THE MEMBER STATE WHICH SO RECOGNIZES THEM AT THE TIME OF THE ADOPTION OF THIS DIRECTIVE :  SCANDINAVIAN AIRLINES SYSTEM  BRITANNIA AIRWAYS  MONARCH AIRLINES  THE COUNCIL HAS RECEIVED THE FOLLOWING COMMUNICATION FROM THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY :  " WHEN DEPOSITING ITS INSTRUMENTS OF RATIFICATION OF THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES , THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY DECLARED THAT THESE TREATIES APPLIED EQUALLY TO LAND BERLIN . IT DECLARED AT THE SAME TIME THAT THE RIGHTS AND RESPONSIBILITIES OF FRANCE , THE UNITED KINGDOM AND THE UNITED STATES IN RESPECT OF BERLIN WERE UNAFFECTED . IN VIEW OF THE FACT THAT CIVIL AVIATION IS ONE OF THE AREAS IN WHICH THE SAID STATES HAVE SPECIFICALLY RESERVED POWERS FOR THEMSELVES IN BERLIN , AND FOLLOWING CONSULTATIONS WITH THE GOVERNMENTS OF THESE STATES , THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY STATES THAT THE COUNCIL DIRECTIVE CONCERNING THE AUTHORIZATION OF SCHEDULED INTER-REGIONAL AIR SERVICES FOR THE TRANSPORT OF PASSENGERS , MAIL AND CARGO BETWEEN MEMBER STATES DOES NOT COVER LAND BERLIN . "