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31996L0008

Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (Text with EEA relevance)

Official Journal L 055 , 06/03/1996 P. 0022 - 0026

COMMISSION DIRECTIVE 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (1), and in particular Article 4 thereof,Whereas the Community measures envisaged by this Directive do not exceed what is necessary for the attainment of the objectives already provided for by Directive 89/398/EEC;Whereas the products covered by this Directive are varied and are generally distinguished as those intended to replace the whole of the daily diet and those intended to replace part of the daily diet;Whereas the composition of such products should be such as to fulfil the daily nutritional requirements for essential nutrients, such as to provide a significant part of those requirements, as the case may be, of the persons for whom they are intended;Whereas a number of products have been recently developed to be used as a replacement for snacks and to supply certain quantities of selected essential macronutrients and micronutrients; whereas the essential composition of those products will be adopted at a later date;Whereas, in addition, the energy provided by the products covered by this Directive must be restricted;Whereas the energy content of some products intended to replace the whole of the daily diet is very low; whereas specific rules for these very low energy products will be adopted at a later date;Whereas this Directive reflects current knowledge about these products; whereas any modification to allow innovation based on scientific and technical progress will be decided by the procedure laid down in Article 13 of Directive 89/398/EEC;Whereas pursuant to Article 4 (2) of Directive 89/398/EEC, the provisions relating to the substances with specific nutritional purposes to be used in the manufacture of the products should be laid down in a separate Commission Directive;Whereas the provisions relating to the use of additives in the manufacture of the products should be laid down in the relevant Council Directives;Whereas pursuant to Article 7 of Directive 89/398/EEC, the products covered by this Directive are subject to the general rules laid down by Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (2), as last amended by Commission Directive 93/102/EC (3); whereas this Directive adopts and expands upon the additions and exceptions to those general rules, where it is appropriate;Whereas, in particular, the nature and destination of the products covered by this Directive require nutritional labelling for the energy value and principal nutrients they contain;Whereas the Scientific Committee for Food, in accordance with Article 4 of Directive 89/398/EEC, has been consulted on the provisions liable to affect public health;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1 1. This Directive is a 'specific Directive` within the meaning of Article 4 of Directive 89/398/EEC and lays down compositional and labelling requirements for foods for particular nutritional uses intended for use in energy restricted diets for weight reduction and presented as such.2. Foods for use in energy-restricted diets for weight reduction are specially formulated foods which, when used as instructed by the manufacturer, replace the whole or part of the total daily diet. They are divided in two categories:(a) products presented as a replacement for the whole of the daily diet;(b) products presented as a replacement for one or more meals of the daily diet.Article 2 Member States shall ensure that the products referred to in Article 1 may be marketed within the Community only if they conform to the rules laid down in this Directive.Article 3 Foods covered by this Directive shall comply with the compositional criteria specified in Annex 1.Article 4 All individual components making up the products referred to in point (a) of Article 1 (2), as sold, shall be contained in the same package.Article 5 1. The name under which the product is sold shall be:(a) for products covered by point (a) of Article 1 (2),'Total diet replacement for weight control`;(b) for products covered by point (b) of Article 1 (2),'Meal replacement for weight control`.2. The labelling of the products concerned shall bear, in addition to those provided for in Article 3 of Council Directive 79/112/EEC, the following mandatory particulars:(a) the available energy value expressed in kJ and kcal, and the content of proteins, carbohydrates and fat, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption;(b) the average quantity of each mineral and each vitamin for which mandatory requirements are stipulated in paragraph 5 of Annex 1, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption. In addition, for products mentioned in point (b) of Article 1 (2), information on vitamins and minerals listed in the Table of point 5 of Annex I shall also be expressed as a percentage of the values as defined in the Annex to Council Directive 90/496/EEC (4);(c) instructions for appropriate preparation, when necessary and a statement as to the importance of following those instructions;(d) if a product, when used as instructed by the manufacturer, provides a daily intake of polyols in excess of 20 g per day, there shall be a statement to the effect that the food may have a laxative effect;(e) a statement on the importance of maintaining an adequate daily fluid intake;(f) for products mentioned in point (a) of Article 1 (2):(i) a statement that the product provides adequate amounts of all essential nutrients for the day;(ii) a statement that the product should not be used for more than three weeks without medical advice;(g) for products mentioned in point (b) of Article 1 (2), a statement to the effect that the products are useful for the intended use only as part of an energy-restricted diet and that other foodstuffs should be a necessary part of such diet.3. The labelling, advertising and presentation of the products concerned shall not make any reference to the rate or amount of weight loss which may result from their use or to a reduction in the sense of hunger or an increase in the sense of satiety.Article 6 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 1997. They shall forthwith inform the Commission thereof.Those laws, regulations and administrative provisions shall be applied in such a way as to:- permit trade in products complying with this Directive, by 1 October 1997,- prohibit trade in products which do not comply with this Directive, with effect from 31 March 1999.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 7 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 8 This Directive is addressed to the Member States.Done at Brussels, 26 February 1996.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 186, 30. 6. 1989, p. 27.(2) OJ No L 33, 8. 2. 1979, p. 1.(3) OJ No L 291, 29. 11. 1993, p. 14.(4) OJ No L 276, 6. 10. 1990, p. 40.ANNEX I ESSENTIAL COMPOSITION OF FOODS FOR ENERGY RESTRICTED DIETS The specifications refer to the products ready for use, marketed as such or reconstituted as instructed by the manufacturer.1. Energy 1.1. The energy provided by a product mentioned in Article 1 (2) (a) shall not be less than 3 360 kJ (800 kcal) and shall not exceed 5 040 kJ (1 200 kcal) for the total daily ration.1.2. The energy provided by a product mentioned in Article 1 (2) (b) shall not be less than 840 kJ (200 kcal) and shall not exceed 1 680 kJ (400 kcal) per meal.2. Protein 2.1. The protein contained in products mentioned in Article 1 (2) (a) and (b) shall provide not less than 25 % and not more than 50 % of the total energy of the product. In any case the amount of protein of products mentioned in Article 1 (2) (a) shall not exceed 125 g.2.2. The abovementioned provisions on protein refer to a protein the chemical index of which is equal to that of the FAO/WHO (1985) reference protein given in Annex 2. If the chemical index is lower than 100 % of the reference protein, the minimum protein levels shall be correspondingly increased. In any case the chemical index of the protein shall at least be equal to 80 % of that of the reference protein.2.3. The 'chemical index` shall mean the lowest of the ratios between the quantity of each essential amino acid of the test protein in and the quantity of each corresponding amino acid of the reference protein.2.4. In all cases, the addition of amino acids is permitted solely for the purpose of improving the nutritional value of the proteins, and only in the proportions necessary for that purpose.3. Fat 3.1. The energy derived from fat shall not exceed 30 % of the total available energy of the product.3.2. For products mentioned in Article 1 (2) (a), the linoleic acid (in the form of glycerides) shall not be less than 4,5 g.3.3. For products mentioned in Article 1 (2) (b), the linoleic acid (in the form of glycerides) shall not be less than 1 g.4. Dietary fibre The dietary fibre content of products mentioned in Article 1 (2) (a) shall not be less than 10 g and shall not exceed 30 g for the daily ration.5. Vitamins and minerals 5.1. The products mentioned in Article 1 (2) (a) shall provide for the whole of the daily diet at least:100 % of the amounts of vitamins and minerals specified in Table 1.5.2. The products mentioned in Article 1 (2) (b) shall provide at least 30 % of the amounts of vitamins and minerals specified in the Table per meal; however, the amount of potassium per meal provided by these products shall be at least 500 mg.>TABLE>ANNEX II >TABLE>


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32001L0015

Commission Directive 2001/15/EC of 15 February 2001 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses (Text with EEA relevance)

Official Journal L 052 , 22/02/2001 P. 0019 - 0025

Commission Directive 2001/15/ECof 15 February 2001on substances that may be added for specific nutritional purposes in foods for particular nutritional uses(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses(1), as last amended by European Parliament and Council Directive 1999/41/EC(2), and in particular Article 4(2) thereof,After consulting the Scientific Committee for Food,Whereas:(1) A number of nutritional substances such as vitamins, minerals, amino acids and others may be added to foods for particular nutritional uses in order to ensure that the particular nutritional requirements of the persons for whom those foods are intended are fulfilled and/or in order to satisfy legal requirements laid down in specific directives adopted pursuant to Article 4(1) of Directive 89/398/EEC.(2) It is not possible to define nutritional substances as a distinct group for the purpose of this Directive nor to draw up at this stage an exhaustive list of all categories of nutritional substances that may be added in foods for particular nutritional uses.(3) The range of foods for particular nutritional uses is very wide and diversified and the technological processes used for their manufacture are varied. For this reason, the widest possible choice of substances that can be safely used in the manufacture of foods for particular nutritional uses should be available for the categories of nutritional substances to be listed in this Directive.(4) The choice of substances should be based primarily on their safety and subsequently on their availability for use by humans and their organoleptic and technological properties. The inclusion of substances in the list of those that may be used in the manufacture of foods for particular nutritional uses does not mean that their addition to those foods is necessary or desirable.(5) Where the addition of a nutritional substance has been judged necessary, this has been stipulated by specific rules in the relevant specific directives together with the appropriate quantitative conditions, as the case may be.(6) In the absence of any specific rules or in the case of foods for particular nutritional uses not covered by specific directives, nutritional substances should be used in order to manufacture products that are in conformity with the definition of such products and fulfil the particular nutritional requirements of the persons for whom they are intended. The products in question must also be safe when used as instructed by the manufacturer.(7) The provisions concerning the list of the nutritional substances that may be used in the manufacture of infant formulae and follow-on formulae and of processed cereal-based foods and baby foods for infants and young children are laid down in Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae(3), as last amended by Directive 1999/50/EC(4), and Commission Directive 96/5/EC of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children(5), as last amended by Directive 1999/39/EC(6). Therefore those provisions need not be repeated in this Directive.(8) A number of the nutritional substances may also be used in foodstuffs as food additives. In this context purity criteria have been or are to be adopted for them at Community level in accordance with Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption(7), as amended by European Parliament and Council Directive 94/34/EC(8). Those purity criteria should be applicable for those substances whatever the purpose of their use in foodstuffs.(9) Pending the adoption of purity criteria for the rest of the substances at Community Ievel, and in order to ensure a high level of protection for public health, generally acceptable purity criteria recommended by international organisations or agencies including but not limited to the Joint FAO/WHO Expert Committee on Food Additives (JECFA), EUP (European Pharmacopoeia) should apply. Member States should be permitted to maintain national rules setting stricter purity criteria, without prejudice to the rules set out in the Treaty.(10) Some specific nutrients or their derivatives have been identified as specifically necessary for the manufacture of some foods belonging to the group of foods for special medical purposes and their potential use should be reserved to the manufacture of these products.(11) The measures provided in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 11. For the categories of substances added for specific nutritional purposes in foods for particular nutritional uses listed in the Annex to this Directive only the chemical substances mentioned under each category may be used in the manufacture of foodstuffs for particular nutritional uses covered by Directive 89/398/EEC.The use of those substances shall be in conformity with any specific provisions concerning those substances that may be laid down in specific directives provided for in Article 4(1) of Directive 89/398/EEC.2. Without prejudice to European Parliament and Council Regulation (EC) No 258/97(9), other substances added for specific nutritional purposes, not belonging to one of the categories listed in the Annex to this Directive, may be used in the manufacture of foods for particular nutritional uses.3. The use of nutritional substances in foods for particular nutritional uses shall result in the manufacture of safe products that fulfil the particular nutritional requirements of the persons for whom they are intended as established by generally accepted scientific data.4. The competent authorities of Member States, referred to in Article 9 of Directive 89/398/EEC, shall be empowered to require the manufacturer or, where appropriate, the importer to produce the scientific work and the data establishing the use of substances added for specific nutritional purposes in compliance with paragraph 3. If such work is contained in a readily available publication, a mere reference to this publication shall suffice.Article 21. Purity criteria for substances listed in the Annex, specified by Community legislation for their use in the manufacture of foodstuffs for purposes other than those covered by this Directive, shall apply.2. For those substances listed in the Annex for which purity criteria are not specified by Community legislation, and until the adoption of such specifications, generally acceptable purity criteria recommended by international bodies shall apply. National rules setting stricter purity criteria may be maintained.Article 3Member States shall adopt and publish the provisions necessary to comply with this Directive by 31 March 2002 at the latest. They shall forthwith inform the Commission thereof.They shall apply those provisions in such a way as to:(a) permit trade in products complying with this Directive with effect from 1 April 2002;(b) prohibit trade in products which do not comply with this Directive with effect from 1 April 2004.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 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 15 February 2001.For the CommissionDavid ByrneMember of the Commission(1) OJ L 186, 30.6.1989, p. 27.(2) OJ L 172, 8.7.1999, p. 38.(3) OJ L 175, 4.7.1991, p. 35.(4) OJ L 139, 2.6.1999, p. 29.(5) OJ L 49, 28.2.1996, p. 17.(6) OJ L 124, 18.5.1999, p. 8.(7) OJ L 40, 11.2.1989, p. 27.(8) OJ L 237, 10.9.1994, p. 1.(9) OJ L 43, 14.2.1997, p. 1.ANNEXSUBSTANCES THAT MAY BE ADDED FOR SPECIFIC NUTRITIONAL PURPOSES IN FOODS FOR PARTICULAR NUTRITIONAL USESFor the purpose of this table:- "FSMP" means foods for particular nutritional uses intended for special medical purposes,- "All FPNU" means dietary foods for particular nutritional uses including FSMPs but excluding infant formulae, follow-on formulae, processed cereal-based foods and baby foods intended for infants and young children.>TABLE>


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31989L0439

Council Directive 89/439/EEC of 26 June 1989 amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 212 , 22/07/1989 P. 0106 - 0109 Finnish special edition: Chapter 3 Volume 30 P. 0016  Swedish special edition: Chapter 3 Volume 30 P. 0016

COUNCIL DIRECTIVE of 26 June 1989 amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (89/439/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 (1),  Having regard to the opinion of the European Parliament (2),  Whereas by Directive 77/93/EEC (3), as last amended by Directive 89/359/EEC (4), the Council laid down protective measures against the introduction into the Member States of organisms harmful to plants or plant products; whereas the protection of plants  against such organisms is absolutely necessary to increase agricultural productivity, which is one of the objectives of the common agricultural policy;  Whereas the plant health laws applicable to the French overseas departments have not been harmonized in accordance with Directive 77/93/EEC; whereas, given the importance of their trade in plant and plant products with the remainder of the Community, it  is now desirable to apply the provisions of that Directive to them; whereas in view of the special nature of the agricultural production of the French overseas departments it is appropriate to provide for additional protective measures justified on  grounds of the protection of health and life of plants therein; whereas the provisions of Directive 77/93/EEC should also be extended to protective measures against the introduction of harmful organisms into the French overseas departments from other  parts of France;  Whereas it has become necessary to clarify the requirement in Article 9 (1) of Directive 77/93/EEC that the official phytosanitary certificate required under Article 7 of the Directive must be issued in the country of origin of the plants, plant  products or other objects concerned; whereas it appears appropriate to define the exceptions to this requirement in a more general manner so that Article 9 (1) need to be amended whenever a relevant amendment is made by the Commission to Annex IV;  Whereas it is appropriate to provide in certain cases that the official inspection of plants, plant products and other objects coming from third countries, provided for in Article 12 (1) of the said Directive, should be carried out by the Commission in  the third country of origin;  (5) OJ No C 117, 4. 5. 1988, p. 11.  (6) OJ No C 187, 18. 7. 1988, p. 213.  (7) OJ No L 26, 31. 1. 1977, p. 20.  (8) OJ No L 153, 6. 6. 1989, p. 28.  Whereas it has become necessary to improve the functioning of the safeguard clause provided for in Article 15 of that Directive with a view to allowing more rapid, more comprehensive and more effective Community action in cases where that clause is  used; whereas the Commission should have broader powers in connection with the adoption of safeguard measures by Member States;  Whereas the measures taken with a view to the progressive reduction of checks by Member States of destination will necessitate a strengthening of the checks carried out by consignor Member States; whereas it therefore appears necessary to reinforce  Community plant health régime, with a view to improving the productivity of agriculture and achieving the single market by the end of 1992, but in particular with a view to increasing confidence in all plant health checks carried out on plant products  intended for marketing within the Community;  Whereas these reinforced Community inspections must be made by experts employed by the Commission, and also by experts employed by Member States, whose services are made available to the Commission;  Whereas the role of these experts should be defined in connection with the activities required under the Community plant health régime,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 77/93/EEC is hereby amended as follows:   1.  Article 1 is amended as follows:  (a)  in paragraph 2, ´to the French overseas departments, nor' is deleted;  (b)  the following paragraphs are added:  ´3.  This Directive shall also concern protective measures against the introduction of harmful organisms into the French overseas departments from other parts of France and, conversely, into other parts of France from the French overseas departments.  4.  Without prejudice to the conditions to be established for the protection of the plant health situation existing in certain regions in the Community, taking into account the differences in agricultural and ecological conditions, protective measures which are justified on grounds of the protection of health and life of plants in the French overseas departments and which are additional to  those laid down in this Directive may be determined in accordance with the procedure laid down in Article 16a.'  2.  Article 9 (1) is replaced by the following:  ´1.  In the case of plants, plant products or other objects to which special requirements laid down in Annex IV, Part A apply, the official phytosanitary certificate required pursuant to Article 7 shall have been issued in the country in which the  plant, plant products and other objects originate, save:  - in the case of wood, if under the special requirements laid down in Annex IV, Part A, it is sufficient that it is stripped of its bark,  - in other cases, to the extent that the special requirements laid down in Annex IV Part A can be fulfilled also at places other than that of origin.'  3.  In Article 11 (1), first sentence, ´at the time of their introduction' is replaced by ´in the event of their introduction'.   4.  In Article 11 (1), second sentence, the text under (b) is deleted.   5.  Article 11 (4) is replaced by the following:  ´4.  If it is ascertained that part of a consignment of plants, plant products or other objects is contaminated by harmful organisms listed in Annexes I and II, the introduction of the other part shall not be prohibited provided that it is not suspected  of being contaminated and provided that there appears to be no possibility of harmful organisms spreading.'  6.  The following paragraph shall be added to Article 12:  ´5.  It may be agreed, in technical arrangements made between the Commission and the competent bodies in certain third countries and approved in accordance with the procedure laid down in Article 16a that activities related to the inspections referred  to in paragraph 1 (a) may also be carried out under the authority of the Commission and in accordance with the relevant provisions of Article 19a in the third country concerned, in cooperation with the official plant protection organization of that  country.'  7.  In Article 14 (2), second sentence, the following is inserted after ´after adoption of the said provisions':  ´and, where appropriate, following investigations carried out under the authority of the Commission and in accordance with the relevant provisions of Article 19a in the country of origin of the plants or plant products concerned.'  8.  In Article 14 (3), the following subparagraph is added:  ´The risk shall be assessed on the basis of available scientific and technical information; where such information is insufficient, it shall be supplemented by additional enquiries or, where appropriate, by investigations carried out under the authority of the Commission and in accordance with the relevant provisions of Article 19a in the country of  origin of the plants, plant products or other objects concerned.'  9.  Article 15 (2) is replaced by the following:  ´2.  In cases referred to in paragraph 1 the Commission shall examine the situation as soon as possible within the Standing Committee on Plant Health. On-site investigations may be made under the authority of the Commission and in accordance with the  relevant provisions of Article 19a. The necessary measures may be adopted, including those whereby it may be decided whether measures taken by the Member States should be rescinded or amended, under the procedure laid down in Article 17. The Commission  shall follow the development of the situation and, under the same procedure, shall amend or repeal, as that development requires, the said measures. Until a measure has been adopted under the aforesaid procedure, the Member State may maintain the  measures that it has employed.' 10.  The following Article is inserted:  ´Article 16a 1.  Where the procedure laid down in this Article is to be followed, the matter shall be referred without delay to the Standing Committee on Plant Health (hereinafter referred to as "the committee''), by its chairman, either on his own initiative or at  the request of a Member State.  2.  Within the committee, the votes of the Member States shall be weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.  3.  The representative of the Commission shall submit a draft of the measures to be taken. The committee shall deliver its opinion on these measures within a time limit set by the chairman having regard to the urgency of the matters to be examined.  Opinions shall be delivered by a majority of 54 votes.  4.  Where the measures are in accordance with the opinion of the committee, the Commission shall adopt them and shall implement them forthwith. Where the measures are not in accordance with the opinion of the committee or if no opinion is delivered, the  Commission shall immediately submit to the Council a proposal on the measures to be taken. The Council shall adopt the measures by a qualified majority.  If, within three months following the date on which the matter was referred to it, the Council has not adopted measures, the Commission shall adopt the proposed measures.' 11.  The following Article is inserted:  ´Article 19a 1.  For the purpose of ensuring the correct and uniform application of this Directive, and without prejudice to checks carried out under the authority of the Member States, the Commission may organize checks to be carried out by experts under its  authority in respect of the tasks listed in paragraph 3, on- or off-site, in accordance with the provisions of this Article.  Where such checks are carried out in a Member State, this must be done in cooperation with the official plant protection organization of that Member State as specified in paragraphs 4 and 5 and in accordance with the procedures set out in paragraph 7.  2.  The experts referred to in paragraph 1 may be:  - employed by the Commission,  - employed by Member States, and put at the disposal of the Commission on a temporary or ad hoc basis.  They shall have acquired, at least in one Member State, the qualifications required for persons in charge of carrying out and monitoring official plant health inspections.  3.  The checks referred to in paragraph 1 may be carried out in respect of the following tasks:  - monitoring examinations pursuant to Article 6,  - monitoring or, within the framework of the provisions laid down in Article 5 (c), carrying out inspections pursuant to Article 12 (1),  - carrying out the activities specified in the technical arrangements referred to in Article 12 (5),  - making the investigations referred to in Articles 14 (2) and (3) and 15 (2),  - assisting the Commission in the matters referred to in paragraph 6,  - carrying out any other duty assigned to the experts by the Council, acting by a qualified majority on a proposal from the Commission.  4.  For the purpose of the tasks listed in paragraph 3, the experts referred to in paragraph 1 may:  - visit nurseries, farms and other places where plants, plant products or other objects are or were grown, produced, processed or stored,  - visit places where examinations pursuant to Article 6 or inspections pursuant to Article 12 are carried out,  - consult officials of the official plant protection organizations of the Member States,  - accompany the Member States' national inspectors when they carry out activities for the purposes of applying this Directive.  5.  (a)  Under the cooperation mentioned in paragraph 1, second sentence, the official plant protection organization of that Member State shall be given sufficient advance notice of the task to permit the necessary arrangements to be made.  Member States shall take all reasonable steps to ensure that the objectives and effectiveness of inspections are not jeopardized. They shall ensure that the experts may carry out their tasks without hindrance, and shall take all reasonable steps to  provide them, on their request, with the available necessary facilities, including laboratory equipment and laboratory staff. The Commission shall ensure refunding of expenses resulting from such requests, within the limits of appropriations available  for that purpose in the Community budget.  The experts shall, wherever national legislation so requires, be duly mandated by the official plant protection organization of the Member State concerned and observe the rules and practices imposed on that Member State's officials.  (b)  Where the task consists of monitoring examinations (paragraph 3, first indent), monitoring inspections (paragraph 3, second indent, first possibility) or of making investigations (paragraph 3, fourth indent), no decision may be taken on-site. The  experts shall report to the Commission on their activities and their findings.  (c)  Where the task consists of carrying out inspections pursuant to Article 12 (1) (paragraph 3, second indent, second possibility), those inspections shall be integrated in an established inspection programme and the rules of procedure established by  the Member State concerned shall be complied with; however, in the case of a joint inspection, the Member State concerned will only allow the introduction of a consignment into the Community if its plant protection organization and the Commission are in  agreement. In accordance with the procedure laid down in Article 16a, this condition may be extended to other irrevocable requirements applied to consignments before introduction into the Community if experience shows such extension to be necessary.  Should the Community expert and the national inspector fail to agree, the Member State concerned shall take any necessary temporary measures, pending a definitive decision.  (d)  In all cases national provisions in respect of criminal proceedings and administrative penalties shall apply according to the normal procedures. Where the experts identify a suspected infringement of the provisions of this Directive, this shall be  notified to the competent authorities of the Member State concerned.  6.  The Commission shall:  - establish a network for the notification of new occurrences of harmful organisms,  - make recommendations for drawing up guidelines for the experts and for national inspectors in carrying out their activities.  To assist the Commission in this latter task, Member States shall notify the Commission of the current national inspection procedures in the plant health field.  7.  The Commission shall adopt, under the procedure laid down in Article 16a, detailed rules for the application of this Article, including those applicable to the cooperation mentioned in paragraph 1, second subparagraph.  8.  The Commission shall report to the Council, before 31 December 1994, on the experience gained from the implementation of the provisions of this Article. The Council, acting by a qualified majority on a proposal from the Commission, shall take the necessary measures to amend these provisions, if appropriate, in the light of this  experience.' Article 2 1.  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 1 January 1990.  2.  Member States shall immediately communicate to the Commission all provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.  Article 3 This Directive is addressed to the Member States.   Done at Brussels, 26 June 1989.  For the Council The President C. ROMERO HERRERA


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31997L0037

Commission Directive 97/37/EC of 19 June 1997 adapting to technical progress Annexes I and II to Directive 96/74/EC of the European Parliament and of the Council on textile names (Text with EEA relevance)

Official Journal L 169 , 27/06/1997 P. 0074 - 0075

COMMISSION DIRECTIVE 97/37/EC of 19 June 1997 adapting to technical progress Annexes I and II to Directive 96/74/EC of the European Parliament and of the Council on textile names (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Directive 96/74/EC of the European Parliament and of the Council of 16 December 1966 on textile names (1), and in particular Article 16 (1) thereof,Whereas textile products may only be placed on the market within the Community if they satisfy the provisions of the said Directive;Whereas this Directive on textile names provides for labelling or marking or indicating the name of the textile fibres in products, in order to ensure that consumer interests are protected by correct information;Whereas only the textile fibres listed in Annex I to said Directive may be used in the composition of textile products intended for the Community's internal market; whereas it is necessary to adapt to technical progress the Annexes containing the list of fibres in order to insert the new fibres which have appeared since the last amendment to the Directive;Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling,HAS ADOPTED THIS DIRECTIVE:Article 1 Annex I to Directive 96/74/EC is hereby amended as follows:1. No 2 is amended as follows:- in the column 'Name`, the word 'Cashgora` is inserted after 'guanaco`,- in the column 'Fibre description`, the words 'cashgora goat` (a cross between the kashmir goat and the angora goat) are added after the word 'guanaco`.2. No 30 is amended as follows:- the text in the column 'Name` reads 'Polyamide or nylon`,- the description of the fibres is replaced by the following text:'Fibre formed from synthetic linear macromolecules having in the chain recurring amide linkages of which at least 85 % are joined to aliphatic or cycloaliphatic units`.3. Nos 31 to 41 now read 34 to 44.4. A new No 31 is added:- the text in the column 'Name` reads 'Aramid`,- the text in the column 'Fibre description` reads:'Fibre formed from synthetic linear macromolecules made up of aromatic groups joined by amide or imide linkages, of which at least 85 % are joined directly to two aromatic rings and with the number of imide linkages, if the latter are present, not exceeding the number of amide linkages`.5. A new No 32 is added:- the text in the column 'Name` reads 'Polyimide`,- the text in the column 'Fibre description` reads:'Fibre formed from synthetic linear macromolecules having in the chain recurring imide units`.6. A new No 33 is added:- the text in the column 'Name` reads 'Lyocell`,- the text in the column 'Fibre description` reads:'A regenerated cellulose fibre obtained by dissolution, and an organic solvent spinning process, without formation of derivatives`,- a reference to the footnote is added after the text in the column 'Name`. The footnote reads:'It is understood that an "organic solvent" means essentially a mixture of organic chemicals and water`.7. Consequently, No 22 is amended as follows:the description is replaced by the following text:'A regenerated cellulose fibre obtained by a modified viscose process having a high breaking force and high wet modulus. The breaking force (BC) in the conditioned state and the force (BM) required to produce an elongation of 5 % in the wet state are:BC (CN) ≥ 1,3 √T + 2 TBM (CN) ≥ 0,5 √Twhere T is the mean linear density in decitex`.Article 2 Annex II to Directive 96/74/EEC is amended as follows:1. Nos 31 to 41 read 34 to 442. A new number 31 is added:the text in the Fibres and Percentages columns reads:>TABLE>3. A new number 32 is added:the text in the Fibres and Percentages columns reads:>TABLE>4. A new number 33 is added:the text in the Fibres and Percentages columns reads:>TABLE>Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions needed to comply with the Annex to Directive 96/74/EC by 1 June 1998 at the latest.They shall immediately inform the Commission thereof.The provisions adopted by the Member States 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 the Member States.2. Member States shall forward to the Commission the text of the main provisions of domestic law which they adopt in the subject area governed by this Directive.Article 4 This Directive is addressed to the Member States.Done at Brussels, 19 June 1997.For the CommissionEmma BONINOMember of the Commission(1) OJ No L 32, 3. 2. 1997, p. 38.


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31969L0063

Council Directive 69/63/EEC of 18 February 1969 amending the Council Directive of 14 June 1966 on the marketing of fodder plant seed

Official Journal L 048 , 26/02/1969 P. 0008 - 0012 Danish special edition: Series I Chapter 1969(I) P. 0052  English special edition: Series I Chapter 1969(I) P. 0057  Greek special edition: Chapter 03 Volume 4 P. 0088  Spanish special edition: Chapter 03 Volume 3 P. 0070  Portuguese special edition Chapter 03 Volume 3 P. 0070  Finnish special edition: Chapter 3 Volume 65 P. 0006  Swedish special edition: Chapter 3 Volume 65 P. 0006

COUNCIL DIRECTIVE  of 18 February 1969  amending the Council Directive of 14 June 1966 on the marketing of fodder plant seed  (69/63/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament (1); Having regard to the Opinion of the Economic and Social Comittee; Whereas certain provisions of the Council Directive of 14 June 1966 (2) on the marketing of fodder plant seed should be amended; Whereas it is appropriate to amplify the provisional measures and to authorise the use of seed of generations prior to basic seed; Whereas it is necessary to include new species of fodder plant seed in the Directive and to fix minimum requirements for them; Whereas, if certain species of seed are not normally reproduced or marketed in the territory of a Member State, provision should be made for release of that State, under the procedure of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, from the obligation to apply that Directive in respect of the species in question; Whereas, in respect of commercial seed, certain requirements as regards marking should be reduced and the colour of the label should be altered; HAS ADOPTED THIS DIRECTIVE:  Article 1The Council Directive of 14 June 1966 on the marketing of fodder plant seed shall be amended as prescribed in the following Articles.  Article 2The English text does not require the amendment made by this Article.  Article 3 1. Article 2 shall be renumbered Article 2 (1).  2. The following shall be substituted for Article 2 (1) (A) (b): >PIC FILE= "T0001930">   (1) OJ No C 108, 19.10.1968, p. 30. (2) OJ No 125, 11.7.1966, p. 2298/66.   3. The following paragraph (c) shall be added to Article 2 (1) (A): >PIC FILE= "T0001931">   4. The following shall be substituted for Article 2 (1) (C) (a):  "(a) which is of direct descent from basic seed or certified seed, or, if the breeder so requests, from seed of a generation prior to basic seed which has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;" 5. The following paragraphs 2 and 3 shall be added to Article 2:  "2. Member States may, during a transitional period of not more than four years after the entry into force of the laws, regulations or administrative provisions necessary to comply with this Directive, and by way of derogation from paragraph 1 (C), certify as certified seed seed which is of direct descent from seed officially controlled in a Member State under the scheme in operation at that time and which affords the same assurances as seed certified as basic seed or certified seed in accordance with the principles of this Directive.  3. The right of Member States to make seed of the species Brassica rapa var. rapa (L.) Thell subject to the provisions of this Directive shall not be affected." Article 4The following shall be substituted for Article 3 (1): "1. The Member States shall provide that seed of: Brassica napus L. var. naprobrassica (L.) Peterm. Brassica oleracea L. convar. acephala (DC) Dactylis glomerata L. Festuca arundinacea Schreb. Festuca pratensis Huds. Festuca rubra L. Lolium spec. Phleum pratense L. Medicago sativa L. Medicago varia Martyn Pisum arvense L. Raphanus sativus L. ssp. oleifera (DC) Metzg. Trifolium repens L. and, as from 1 July 1971, seed of Trifolium pratense L. may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed" and unless it satisfies the conditions laid down in Annex II."  Article 5In Article 8 the word "lots" shall be substituted for the word "consignments".  Article 6The following shall be substituted for Article 9 (2): "2. Packages which have been officially sealed shall not be resealed, whether one or more times, except officially. If packages are resealed, the fact of resealing, the most recent date of resealing and the authority responsible therefor shall be stated on the label required under Article 10 (1)."  Article 7 1. In Article 10 (1) (a) the word "brown" shall be substituted for the words "dark yellow".  2. The following shall be substituted for Article 10 (1) (b): "(b) contain an official document, in the same colour as the label, giving the same information as that required under Annex IV (A) (a) (3), (4) and (5) for the label and, in the case of commercial seed, the information required under Annex IV (b) (2), (4) and (5) ; this document is not necessary if the information is printed indelibly on the container."  Article 8The following shall be substituted for Article 15: "Article 15  1. The Member States shall provide that fodder plant seed produced directly from basic seed certified in one Member State and harvested in another Member State or in a third country may be certified in the State which produced the basic seed if that seed has undergone field inspection satisfying the conditions laid down in Annex I and if official examination has shown that the conditions laid down in Annex II for certified seed are satisfied.  2. Paragraph 1 shall apply in like manner to the certification of certified seed produced directly from seed of a generation prior to basic seed  which can satisfy and has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed."  Article 9The date "1 July 1970" shall be substituted for the date given in the last sentence of Article 16 (2).  Article 10In Article 20 (1) the words "of basic seed" shall be inserted after the words "the annual post-control of seed samples".  Article 11The following Article 23a shall be added: "Article 23a Upon application by a Member State, which will de dealt with as provided in Article 21, that State may be wholly or partially released from the obligation to apply this Directive in respect of certain species if seed of those species is not normally reproduced or marketed in its territory."  Article 12 1. The following item 4a shall be added to Annex I: "4a In the case of Brassica species, the minimum distances from neighbouring crops of other varieties or sub species shall be: >PIC FILE= "T9000067">  These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination."  2. In Annex I (5) the words "for other corss-fertilised species" shall be substituted for the words "for cross-fertilised species".  Article 13 1. The following shall be substituted for the text of Annex II (I) (3) (A) (b): >PIC FILE= "T0001923">    2. The following shall be added to the text of Annex II (I) (3) (A) (c): >PIC FILE= "T0001924">   3. The following shall be substituted for the text of Annex II (III) (2): "2. In the case of Poa annua L., 10 %, and of other Poa species, 3 % of seeds of other Poa species shall not be regarded as an impurity."  Article 141. The following shall be substituted for the text of Annex IV (A) (a) (1) and (2): "1. "EEC rules and standards" 2. Certification authority and Member State or their initials. " 2. The following shall be substituted for the text of Annex IV (A) (b): "(b) For commercial seed: 1. "EEC rules and standards" 2. "Commercial seed (not certified as to variety)" 3. Certification authority and Member State or their initials 4. Reference number of lot 5. Species (1) 6. Region of production 7. Declared net or gross weight." 3. However, labels giving the information required under Annex IV (A) (a) (1) and (b) of the Council Directive of 14 June 1966 on the marketing of fodder plant seed may be used up to but not later than 30 June 1970.  Article 15The Member States shall, not later than 1 July 1969, bring into force the laws, regulations or administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  Article 16This Directive is addressed to the Member States.Done at Brussels, 18 February 1969. For the Council The President J. P. BUCHLER (1) In the case of lupins, it must be stated whether the lupin in question is bitter or sweet.


title: Commission Directive 2007/29/EC of 30 May 2007 amending Directive 96/8/EC as regards labelling, advertising or presenting foods intended for use in energy-restricted diets for weight reduction (Text with EEA relevance)

text:
               31.5.2007

               EN

               Official Journal of the European Union

               L 139/22

      COMMISSION DIRECTIVE 2007/29/EC
   of 30 May 2007
   amending Directive 96/8/EC as regards labelling, advertising or presenting foods intended for use in energy-restricted diets for weight reduction
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (1), and in particular Article 4(1) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (2) shall apply from 1 July 2007. It shall apply to foods intended for use in energy-restricted diets for weight reduction but without prejudice to the specific rules of Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (3).

               (2)

               Directive 96/8/EC provides that the labelling, advertising and presentation of the products covered by that Directive shall not make any reference to the rate or amount of weight loss which may result from their use or to a reduction in the sense of hunger or an increase in the sense of satiety.

               (3)

               Article 13(1)(c) of Regulation (EC) No 1924/2006 allows the use on foods of health claims describing or referring in particular to a reduction in the sense of hunger or an increase in the sense of satiety under specified conditions.

               (4)

               Allowing claims referring to a reduction in the sense of hunger or an increase in the sense of satiety under the condition that such claims are based on generally accepted scientific evidence and are well understood by the average consumer reflects the evolution in the range and properties of products.

               (5)

               This reasoning is all the more relevant to products for use in energy-restricted diets for weight reduction. Therefore the use of such claims should no longer be prohibited provided that the conditions laid down in Article 13, paragraph 1 of Regulation 1924/2006/EC are fulfilled.

               (6)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   In Article 5 of Directive 96/8/EC, paragraph 3 is replaced by the following:

      ‘3.   The labelling, advertising and presentation of the products concerned shall not make any reference to the rate or amount of weight loss which may result from their use.’

   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 30 November 2007 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 July 2007.
   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.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 30 May 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 186, 30.6.1989, p. 27. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (2)  OJ L 404, 30.12.2006, p. 9. Regulation as corrected by OJ L 12, 8.1.2007, p. 3.

      (3)  OJ L 55, 6.3.1996, p. 22.


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32002L0006

Directive 2002/6/EC of the European Parliament and of the Council of 18 February 2002 on reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community (Text with EEA relevance)

Official Journal L 067 , 09/03/2002 P. 0031 - 0045

Directive 2002/6/EC of the European Parliament and of the Councilof 18 February 2002on reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) 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) The Community has an established policy to encourage sustainable transport, such as shipping, and, in particular, to promote short sea shipping.(2) Facilitation of maritime transport is an essential objective for the Community to further strengthen the position of shipping in the transport system as an alternative and complement to other transport modes in a door-to-door transport chain.(3) The documentary procedures required in maritime transport have caused concern and have been considered to hamper the development of the mode to its full potential.(4) The International Maritime Organisation's Convention on Facilitation of International Maritime Traffic adopted by the International Conference on Facilitation of Maritime Travel and Transport on 9 April 1965, as subsequently amended (hereinafter "the IMO FAL Convention"), has provided a set of models for standardised facilitation forms for ships to fulfil certain reporting formalities when they arrive in or depart from a port.(5) Most Member States use these facilitation forms but do not apply the models provided under the auspices of the IMO in a uniform manner.(6) Uniformity in the format of the forms required for a ship arriving in and departing from a port should facilitate the documentary procedures for port calls and be beneficial to the development of Community shipping.(7) Consequently, it is opportune to introduce the recognition of the IMO facilitation forms (hereinafter "IMO FAL forms") at Community level. The Member States should recognise the IMO FAL forms and the categories of information in them as sufficient proof that a ship has fulfilled the reporting formalities these forms are intended for.(8) However, the recognition of certain IMO FAL forms, in particular the cargo declaration and - for passenger ships - the passenger list, would add to the complexity of reporting formalities either because those forms cannot contain all necessary information or because well-established facilitation practices already exist. Consequently, obligatory recognition of those forms should not be introduced.(9) Maritime transport is a global activity and the introduction of the IMO FAL forms in the Community could pave the way towards their intensified application around the world.(10) Since the objectives of the proposed action, namely to facilitate maritime transport, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.(11) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(4),HAVE ADOPTED THIS DIRECTIVE:Article 1PurposeThe purpose of this Directive is to facilitate maritime transport by providing for standardisation of reporting formalities.Article 2ScopeThis Directive shall apply to the reporting formalities on arrival in and/or departure from ports of the Member States of the Community, as set out in Annex I, Part A, relating to a ship, its stores, its crew's effects, its crew list and, in the case of a ship certified to carry 12 passengers or fewer, its passenger list.Article 3DefinitionsFor the purposes of this Directive, the following definitions shall apply:(a) "IMO FAL Convention" means the International Maritime Organisation's Convention on Facilitation of International Maritime Traffic adopted by the International Conference on Facilitation of Maritime Travel and Transport on 9 April 1965;(b) "IMO FAL forms" means A4 size standardised IMO model facilitation forms provided for under the IMO FAL Convention;(c) "reporting formality" means the information that, when required by a Member State, must be provided for administrative and procedural purposes when a ship arrives in or departs from a port;(d) "ship" means a seagoing vessel of any type operating in the marine environment;(e) "ship's stores" means goods for use in the ship, including consumable goods, goods carried for sale to passengers and crew members, fuel and lubricants, but excluding ship's equipment and spare parts;(f) "ship's equipment" means articles other than ship's spare parts which are on board a ship for use thereon and are removable but not of a consumable nature, including accessories, such as lifeboats, life-saving devices, furniture, ship's apparel and similar items;(g) "ship's spare parts" means articles of a repair or replacement nature for incorporation into the ship in which they are carried;(h) "crew's effects" means clothing, items in everyday use and other articles, which may include currency, belonging to the crew and carried on the ship;(i) "crew member" means any person actually employed for duties on board during a voyage in the working or service of a ship and included in the crew list.Article 4Acceptance of formsMember States shall accept that the reporting formalities referred to in Article 2 are satisfied when the information submitted is in accordance with:(a) the respective specifications set out in Annex I, Parts B and C, and(b) the corresponding model forms set out in Annex II with their categories of data.Article 5Amendment procedureAny amendments of Annexes I and II to this Directive and references to IMO instruments in order to bring them into line with Community or IMO measures which have entered into force shall be adopted in accordance with the regulatory procedure referred to in Article 6(2), in so far as such amendments do not broaden the scope of this Directive.Article 6Committee1. The Commission shall be assisted by the committee set up pursuant to Article 12(1) of Council Directive 93/75/EEC(5).2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 7Implementation1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 9 September 2003. 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 reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.Article 8Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 9AddresseesThis Directive is addressed to the Member States.Done at Brussels, 18 February 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. Piqué i Camps(1) OJ C 180 E, 26.6.2001, p. 85.(2) OJ C 221, 7.8.2001, p. 149.(3) Opinion of the European Parliament of 25 October 2001 (not yet published in the Official Journal) and Council Decision of 7 December 2002.(4) OJ L 184, 17.7.1999, p. 23.(5) OJ L 247, 5.10.1993, p. 19. Directive as last amended by Commission Directive 98/74/EC (OJ L 276, 13.10.1998, p. 7).ANNEX IPART AList of reporting formalities referred to in Article 2 in respect of ships arriving in and/or departing from ports of the Member States of the Community1. IMO FAL form 1, general declarationThe general declaration shall be the basic document on arrival and departure providing information required by the authorities of a Member State relating to the ship.2. IMO FAL form 3, ship's stores declarationThe ship's stores declaration shall be the basic document on arrival and departure providing information required by the authorities of a Member State relating to a ship's stores.3. IMO FAL form 4, crew's effects declarationThe crew's effects declaration shall be the basic document providing information required by the authorities of a Member State relating to the crew's effects. It shall not be required on departure.4. IMO FAL form 5, crew listThe crew list shall be the basic document providing the authorities of a Member State with the information relating to the number and composition of the crew on the arrival and departure of a ship. Where the authorities require information about the crew of a ship on its departure, a copy of the crew list, presented on arrival, shall be accepted on departure if signed again and endorsed to indicate any change in the number or composition of the crew or to indicate that no such change has occurred.5. IMO FAL form 6, passenger listFor ships certified to carry 12 passengers or fewer, the passenger list shall be the basic document providing the authorities of a Member State with information relating to passengers on the arrival and departure of a ship.PART BSignatories1. IMO FAL form 1, general declarationThe authorities of the Member State shall accept a general declaration either dated and signed by the master, the ship's agent or some other person duly authorised by the master, or authenticated in a manner acceptable to the authority concerned.2. IMO FAL form 3, ship's stores declarationThe authorities of the Member State shall accept a ship's stores declaration either dated and signed by the master or by some other ship's officer duly authorised by the master and having personal knowledge of the facts regarding the ship's stores, or authenticated in a manner acceptable to the authority concerned.3. IMO FAL form 4, crew's effects declarationThe authorities of the Member State shall accept a crew's effects declaration either dated and signed by the master or by some other ship's officer duly authorised by the master, or authenticated in a manner acceptable to the authority concerned. The authorities of the Member State may also require each crew member to place his signature, or, if he is unable to do so, his mark, against the declaration relating to his effects.4. IMO FAL form 5, crew listThe authorities of a Member State shall accept a crew list either dated and signed by the master or by some other ship's officer duly authorised by the master, or authenticated in a manner acceptable to the authority concerned.5. IMO FAL form 6, passenger listFor ships certified to carry 12 passengers or fewer, the authorities of a Member State shall accept a passenger list either dated and signed by the master, the ship's agent or some other person duly authorised by the master, or authenticated in a manner acceptable to the authority concerned.PART CTechnical specifications1. The formats of the IMO FAL forms shall follow the proportions of the models shown in Annex II as closely as technically possible. They shall be printed on separate A4 size paper sheets (210 mm × 297 mm) with portrait orientation. At least one third of the verso side of the forms shall be reserved for official use by the authorities of the Member States.For the purposes of the recognition of IMO FAL forms, the formats and layouts of the standardised facilitation forms recommended and reproduced by the IMO based on the IMO FAL Convention as in force on 1 May 1997 shall be considered equivalent to the formats reproduced in Annex II.2. The authorities of the Member State shall accept information conveyed by any legible and understandable medium, including forms filled in ink or indelible pencil or produced by automatic data processing techniques.3. Without prejudice to methods of transmitting data by electronic means, when a Member State accepts the provision of ship's reporting information in electronic form, it shall accept the transmission of that information when produced by electronic data processing or interchange techniques that conform with international standards, provided it is in legible and understandable form and contains the required information.Member States may subsequently process the acquired data in any format they consider appropriate.ANNEX IIModels of IMO FAL forms referred to in Article 4 and Annex I>PIC FILE= "L_2002067EN.003701.TIF">>PIC FILE= "L_2002067EN.003901.TIF">>PIC FILE= "L_2002067EN.004101.TIF">>PIC FILE= "L_2002067EN.004301.TIF">>PIC FILE= "L_2002067EN.004501.TIF">


title: Council Directive 2006/99/EC of 20 November 2006 adapting certain Directives in the field of company law, by reason of the accession of Bulgaria and Romania

text:
               20.12.2006

               EN

               Official Journal of the European Union

               L 363/137

      COUNCIL DIRECTIVE 2006/99/EC
   of 20 November 2006
   adapting certain Directives in the field of company law, by reason of the accession of Bulgaria and Romania
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Treaty of Accession of Bulgaria and Romania (1), and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Pursuant to Article 56 of the Act of Accession, where acts of the institutions remain valid beyond 1 January 2007, and require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the necessary acts are to be adopted by the Council, unless the Commission adopted the original act.

               (2)

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

               (3)

               Directives 68/151/EEC (2), 77/91/EEC (3), 78/660/EEC (4), 78/855/EEC (5), 83/349/EEC (6) and 89/667/EEC (7) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directives 68/151/EEC, 77/91/EEC, 78/660/EEC, 78/855/EEC, 83/349/EEC and 89/667/EEC shall be amended as set out in the Annex.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the date of accession of Bulgaria and Romania to the European Union at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, 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 reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 20 November 2006

            For the Council

            The President

         J. KORKEAOJA

      (1)  OJ L 157, 21.6.2005, p. 11.

      (2)  OJ L 65, 14.3.1968, p. 8.

      (3)  OJ L 26, 31.1.1977, p. 1.

      (4)  OJ L 222, 14.8.1978, p. 11.

      (5)  OJ L 295, 20.10.1978, p. 36.

      (6)  OJ L 193, 18.7.1983, p. 1.

      (7)  OJ L 395, 30.12.1989, p. 40.

      ANNEX
      COMPANY LAW
      A.   COMPANY LAW

                  1.

                  31968 L 0151: First Council Directive 68/151/EEC of 9 March 1968 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (OJ L 65, 14.3.1968, p. 8), as amended by:

                              —

                              11972 B: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ L 73, 27.3.1972, p. 14),

                              —

                              11979 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 17),

                              —

                              11985 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23),

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

                              —

                              32003 L 0058: Directive 2003/58/EC of the European Parliament and of the Council of 15.7.2003 (OJ L 221, 4.9.2003, p. 13).

                        The following is added to Article 1:
                  ‘—   in Bulgaria:
                  акционерно дружество, дружество с ограничена отговорност, командитно дружество с акции;
                  —   in Romania:
                  societate pe acţiuni, societate cu răspundere limitată, societate în comandită pe acţiuni’.

                  2.

                  31977 L 0091: Second Council Directive 77/91/EEC of 13 December 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (OJ L 26, 31.1.1977, p. 1), as amended by:

                              —

                              11979 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 17),

                              —

                              11985 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23),

                              —

                              31992 L 0101: Council Directive 92/101/EEC of 23.11.1992 (OJ L 347, 28.11.1992, p. 64),

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33).

                        The following is added to Article 1(1):
                  ‘—   in Bulgaria:
                  акционерно дружество;
                  —   in Romania:
                  societate pe acţiuni’.

                  3.

                  31978 L 0855: Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies (OJ L 295, 20.10.1978, p. 36), as amended by:

                              —

                              11979 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 17),

                              —

                              11985 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23),

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33).

                        The following is added to Article 1(1):
                  ‘—   Bulgaria:
                  акционерно дружество;
                  —   Romania:
                  societate pe acţiuni’.

                  4.

                  31989 L 0667: Twelfth Council Company Law Directive 89/667/EEC of 21 December 1989 on single-member private limited-liability companies (OJ L 395, 30.12.1989, p. 40), as amended by:

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33).

                        The following is added to Article 1:
                  ‘—   in Bulgaria:
                  дружество с ограничена отговорност, акционерно дружество;
                  —   in Romania:
                  societate cu răspundere limitată’.

            B.   ACCOUNTING STANDARDS

                  1.

                  31978 L 0660: Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (OJ L 222, 14.8.1978, p. 11), as amended by:

                              —

                              11979 H: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 17),

                              —

                              31983 L 0349: Seventh Council Directive 83/349/EEC of 13.6.1983 (OJ L 193, 18.7.1983, p. 1),

                              —

                              31984 L 0569: Council Directive 84/569/EEC of 27.11.1984 (OJ L 314, 4.12.1984, p. 28),

                              —

                              11985 I: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23),

                              —

                              31989 L 0666: Eleventh Council Directive 89/666/EEC of 21.12.1989 (OJ L 395, 30.12.1989, p. 36),

                              —

                              31990 L 0604: Council Directive 90/604/EEC of 8.11.1990 (OJ L 317, 16.11.1990, p. 57),

                              —

                              31990 L 0605: Council Directive 90/605/EEC of 8.11.1990 (OJ L 317, 16.11.1990, p. 60),

                              —

                              31994 L 0008: Council Directive 94/8/EC of 21.3.1994 (OJ L 82, 25.3.1994, p. 33),

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              31999 L 0060: Council Directive 1999/60/EC of 17.6.1999 (OJ L 162, 26.6.1999, p. 65),

                              —

                              32001 L 0065: Directive 2001/65/EC of the European Parliament and of the Council of 27.9.2001 (OJ L 283, 27.10.2001, p. 28),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

                              —

                              32003 L 0038: Council Directive 2003/38/EC of 13.5.2003 (OJ L 120, 15.5.2003, p. 22),

                              —

                              32003 L 0051: Directive 2003/51/EC of the European Parliament and of the Council of 18.6.2003 (OJ L 178, 17.7.2003, p. 16),

                              —

                              32006 L 0043: Directive 2006/43/EC of the European Parliament and of the Council of 17.5.2006 (OJ L 157, 9.6.2006, p. 87),

                              —

                              32006 L 0046: Directive 2006/46/EC of the European Parliament and of the Council of 14.6.2006 (OJ L 224, 16.8.2006, p. 1).

                              (a)

                              The following is added to Article 1(1), first subparagraph:
                              ‘—   in Bulgaria:
                              акционерно дружество, дружество с ограничена отговорност, командитно дружество с акции;
                              —   in Romania:
                              societate pe acţiuni, societate cu răspundere limitată, societate în comandită pe acţiuni’.

                              (b)

                              The following is added to Article 1(1), second subparagraph:

                                          ‘—

                                                      (z)

                                                         in Bulgaria:

                                                      събирателно дружество, командитно дружество;

                                          —

                                                      (aa)

                                                         in Romania:

                                                      asocietate în nume colectiv, societate în comandită simplă’.

                  2.

                  31983 L 0349: Seventh Council Directive 83/349/EEC of 13 June 1983 based on Article 54(3)(g) of the Treaty on consolidated accounts (OJ L 193, 18.7.1983, p. 1), as amended by:

                              —

                              11985 l: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23),

                              —

                              31989 L 0666: Eleventh Council Directive 89/666/EEC of 21.12.1989 (OJ L 395, 30.12.1989, p. 36),

                              —

                              31990 L 0604: Council Directive 90/604/EEC of 8.11.1990 (OJ L 317, 16.11.1990, p. 57),

                              —

                              31990 L 0605: Council Directive 90/605/EEC of 8.11.1990 (OJ L 317, 16.11.1990, p. 60),

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              32001 L 0065: Directive 2001/65/EC of the European Parliament and of the Council of 27.9.2001 (OJ L 283, 27.10.2001, p. 28),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

                              —

                              32003 L 0051: Directive 2003/51/EC of the European Parliament and of the Council of 18.6.2003 (OJ L 178, 17.7.2003, p. 16),

                              —

                              32006 L 0043: Directive 2006/43/EC of the European Parliament and of the Council of 17.5.2006 (OJ L 157, 9.6.2006, p. 87),

                              —

                              32006 L 0046: Directive 2006/46/EC of the European Parliament and of the Council of 14.6.2006 (OJ L 224, 16.8.2006, p. 1).

                        The following is added to Article 4(1):

                              ‘(z)

                                          —

                                             in Bulgaria:

                                          акционерно дружество, дружество с ограничена отговорност, командитно дружество с акции;

                              (aa)

                                          —

                                             in Romania:

                                          societate pe acţiuni, societate cu răspundere limitată, societate în comandită pe acţiuni’.


title: Commission Directive 2009/56/EC of 12 June 2009 correcting Directive 2008/126/EC amending Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, as regards its date of transposition ((Text with EEA relevance))

text:
               13.6.2009

               EN

               Official Journal of the European Union

               L 150/5

      COMMISSION DIRECTIVE 2009/56/EC
   of 12 June 2009
   correcting Directive 2008/126/EC amending Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, as regards its date of transposition
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (1), and in particular Article 20(1) thereof,
   Whereas:

               (1)

               According to Article 2 of Commission Directive 2008/126/EC of 19 December 2008 amending Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels (2), Member States are to transpose Directive 2008/126/EC with effect from 30 December 2008.

               (2)

               For technical reasons, Directive 2008/126/EC was not published in the Official Journal of the European Union before that date. Directive 2008/126/EC should therefore be corrected as regards its date of transposition.

               (3)

               In order to avoid distortions of competition as well as different levels of safety, the amendments to Directive 2006/87/EC should be implemented as quickly as possible. Following the publication of Directive 2008/126/EC on 31 January 2009, a reasonable deadline must however be given for the transposition of that Directive.

               (4)

               The measure provided for in this Directive is in accordance with the opinion of the Committee referred to in Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters′ certificates for the carriage of goods and passengers by inland waterway (3),

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   In the first paragraph of Article 2 of Directive 2008/126/EC, ‘30 December 2008’ is replaced by ‘30 June 2009’.
   Article 2
   This Directive is addressed to the Member States which have inland waterways as referred to in Article 1(1) of Directive 2006/87/EC.

      Done at Brussels, 12 June 2009.

            For the Commission

         Antonio TAJANI

            Vice-President

      (1)  OJ L 389, 30.12.2006, p. 1.

      (2)  OJ L 32, 31.1.2009, p. 1.

      (3)  OJ L 373, 31.12.1991, p. 29.


title: Commission Directive 2009/131/EC of 16 October 2009 amending Annex VII to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (Text with EEA relevance)

text:
               17.10.2009

               EN

               Official Journal of the European Union

               L 273/12

      COMMISSION DIRECTIVE 2009/131/EC
   of 16 October 2009
   amending Annex VII to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 27(4) thereof,
   Having regard to the Agency’s recommendation No ERA/REC/XA/01-2009 of 17 April 2009,
   Whereas:

               (1)

               Article 9b(2) of Regulation (EC) No 881/2004 of the European Parliament and of the Council (2) requires the European Railway Agency (hereinafter ‘the Agency’) to review, by 19 January 2009, the list of parameters in Section 1 of Annex VII to Directive 2008/57/EC and to make the recommendations it considers appropriate to the Commission.

               (2)

               As the current Section 1 of Annex VII of Directive 2008/57/EC contains items that are not parameters of vehicles, such items should be removed.

               (3)

               Section 1 of the said Annex also contains parameters that primarily relate only to the rolling stock subsystem part of a vehicle. It is necessary for all the parameters of a vehicle that are to be checked in connection with the authorisation for placing in service and the classification of national rules to be covered by the list of parameters. Therefore parameters of other subsystems that are part of the vehicle should be included.

               (4)

               Directive 2008/57/EC should therefore be amended accordingly.

               (5)

               The measures provided for in this Directive are in accordance with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Section 1 of Annex VII to Directive 2008/57/EC is replaced by the text set out in the Annex to this Directive.
   Article 2
   Member States shall bring into force the laws, regulations and administrative provisions needed to comply with this Directive by 19 July 2010. They shall forthwith inform the Commission thereof.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 16 October 2009.

            For the Commission

         Antonio TAJANI

            Vice-President

      (1)  OJ L 191, 18.7.2008, p. 1.

      (2)  OJ L 164, 30.4.2004, p. 1.

      ANNEX

         ‘1.   List of parameters

                     1.1.

                     General documentation
                     General documentation (including description of new, renewed or upgraded vehicle and its intended use, design, repair, operation and maintenance information, technical file, etc.)

                     1.2.

                     Structure and mechanical parts
                     Mechanical integrity and interface between vehicles (including draw and buffer gear, gangways), strength of vehicle structure and fittings (e.g. seats), loading capability, passive safety (including interior and exterior crashworthiness)

                     1.3.

                     Track interaction and gauging
                     Mechanical interfaces to the infrastructure (including static and dynamic behaviour, clearances and fits, gauge, running gear, etc.)

                     1.4.

                     Braking equipment
                     Braking-related items (including wheel-slide protection, braking control, and braking performance in service, emergency and parking modes)

                     1.5.

                     Passenger-related items
                     Passenger facilities and passenger environment (including passenger windows and doors, requirements for persons with reduced mobility, etc.)

                     1.6.

                     Environmental conditions and aerodynamic effects
                     Impact of the environment on the vehicle and impact of the vehicle on the environment (including aerodynamic conditions and both the interface between the vehicle and the trackside part of the railway system and the interface with the external environment)

                     1.7.

                     External warning, marking, functions and software integrity requirements
                     External warnings, markings, functions and integrity of software, e.g. safety-related functions with an impact on train behaviour including train bus

                     1.8.

                     Onboard power supply and control systems
                     Onboard propulsion, power and control systems, plus the interface of the vehicle with the power supply infrastructure and all aspects of electromagnetic compatibility

                     1.9.

                     Staff facilities, interfaces and environment
                     Onboard facilities, interfaces, working conditions and environment for staff (including drivers cabs, driver machine interface)

                     1.10.

                     Fire safety and evacuation

                     1.11.

                     Servicing
                     Onboard facilities and interfaces for servicing

                     1.12.

                     Onboard control, command and signalling
                     All the onboard equipment necessary to ensure safety and to command and control movements of trains authorised to travel on the network and its effects on the trackside part of the railway system

                     1.13.

                     Specific operational requirements
                     Specific operational requirements for vehicles (including degraded mode, vehicle recovery etc.)

                     1.14.

                     Freight related items
                     Freight-specific requirements and environment (including facilities specifically required for dangerous goods)

               Explanations and examples in italics above are for information only and are not definitions of the parameters.’