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31998L0083

Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption

Official Journal L 330 , 05/12/1998 P. 0032 - 0054

COUNCIL DIRECTIVE 98/83/EC of 3 November 1998 on the quality of water intended for human consumptionTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and, in particular, Article 130s(1) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Having regard to the opinion of the Committee of the Regions (3),Acting in accordance with the procedure laid down in Article 189c (4),(1) Whereas it is necessary to adapt Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption (5) to scientific and technological progress; whereas experience gained from implementing that Directive shows that it is necessary to create an appropriately flexible and transparent legal framework for Member States to address failures to meet the standards; whereas, furthermore, that Directive should be re-examined in the light of the Treaty on European Union and in particular the principle of subsidiarity;(2) Whereas in keeping with Article 3b of the Treaty, which provides that no Community action should go beyond what is necessary to achieve the objectives of the Treaty, it is necessary to revise Directive 80/778/EEC so as to focus on compliance with essential quality and health parameters, leaving Member States free to add other parameters if they see fit;(3) Whereas, in accordance with the principle of subsidiarity, Community action must support and supplement action by the competent authorities in the Member States;(4) Whereas, in accordance with the principle of subsidiarity, the natural and socio-economic differences between the regions of the Union require that most decisions on monitoring, analysis, and the measures to be taken to redress failures be taken at a local, regional or national level insofar as those differences do not detract from the establishment of the framework of laws, regulations and administrative provisions laid down in this Directive;(5) Whereas Community standards for essential and preventive health-related quality parameters in water intended for human consumption are necessary if minimum environmental-quality goals to be achieved in connection with other Community measures are to be defined so that the sustainable use of water intended for human consumption may be safeguarded and promoted;(6) Whereas, in view of the importance of the quality of water intended for human consumption for human health, it is necessary to lay down at Community level the essential quality standards with which water intended for that purpose must comply;(7) Whereas it is necessary to include water used in the food industry unless it can be established that the use of such water does not affect the wholesomeness of the finished product;(8) Whereas to enable water-supply undertakings to meet the quality standards for drinking water, appropriate water-protection measures should be applied to ensure that surface and groundwater is kept clean; whereas the same goal can be achieved by appropriate water-treatment measures to be applied before supply;(9) Whereas the coherence of European water policy presupposes that a suitable water framework Directive will be adopted in due course;(10) Whereas it is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since special rules for those types of water have been established;(11) Whereas measures are required for all parameters directly relevant to health and for other parameters if a deterioration in quality has occurred; whereas, furthermore, such measures should be carefully coordinated with the implementation of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (6) and Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (7);(12) Whereas it is necessary to set individual parametric values for substances which are important throughout the Community at a level strict enough to ensure that this Directive's purpose can be achieved;(13) Whereas the parametric values are based on the scientific knowledge available and the precautionary principle has also been taken into account; whereas those values have been selected to ensure that water intended for human consumption can be consumed safely on a life-long basis, and thus represent a high level of health protection;(14) Whereas a balance should be struck to prevent both microbiological and chemical risks; whereas, to that end, and in the light of a future review of the parametric values, the establishment of parametric values applicable to water intended for human consumption should be based on public-health considerations and on a method of assessing risk;(15) Whereas there is at present insufficient evidence on which to base parametric values for endocrine-disrupting chemicals at Community level, yet there is increasing concern regarding the potential impact on humans and wildlife of the effects of substances harmful to health;(16) Whereas in particular the standards in Annex I are generally based on the World Health Organisation's 'Guidelines for drinking water quality`, and the opinion of the Commission's Scientific Advisory Committee to examine the toxicity and ecotoxicity of chemical compounds;(17) Whereas Member States must set values for other additional parameters not included in Annex I where that is necessary to protect human health within their territories;(18) Whereas Member States may set values for other additional parameters not included in Annex I where that is deemed necessary for the purpose of ensuring the quality of the production, distribution and inspection of water intended for human consumption;(19) Whereas, when Member States deem it necessary to adopt standards more stringent than those set out in Annex I, Parts A and B, or standards for additional parameters not included in Annex I but necessary to protect human health, they must notify the Commission of those standards;(20) Whereas Member States are bound, when introducing or maintaining more stringent protection measures, to respect the principles and rules of the Treaty, as they are interpreted by the Court of Justice;(21) Whereas the parametric values are to be complied with at the point where water intended for human consumption is made available to the appropriate user;(22) Whereas the quality of water intended for human consumption can be influenced by the domestic distribution system; whereas, furthermore, it is recognised that neither the domestic distribution system nor its maintenance may be the responsibility of the Member States;(23) Whereas each Member State should establish monitoring programmes to check that water intended for human consumption meets the requirements of this Directive; whereas such monitoring programmes should be appropriate to local needs and should meet the minimum monitoring requirements laid down in this Directive;(24) Whereas the methods used to analyse the quality of water intended for human consumption should be such as to ensure that the results obtained are reliable and comparable;(25) Whereas, in the event of non-compliance with the standards imposed by this Directive the Member State concerned should investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water;(26) Whereas it is important to prevent contaminated water causing a potential danger to human health; whereas the supply of such water should be prohibited or its use restricted;(27) Whereas, in the event of non-compliance with a parameter that has an indicator function, the Member State concerned must consider whether that non-compliance poses any risk to human health; whereas it should take remedial action to restore the quality of the water where that is necessary to protect human health;(28) Whereas, should such remedial action be necessary to restore the quality of water intended for human consumption, in accordance with Article 130r(2) of the Treaty, priority should be given to action which rectifies the problem at source;(29) Whereas Member States should be authorised, under certain conditions, to grant derogations from this Directive; whereas, furthermore, it is necessary to establish a proper framework for such derogations, provided that they must not constitute a potential danger to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means;(30) Whereas, since the preparation or distribution of water intended for human consumption may involve the use of certain substances or materials, rules are required to govern the use thereof in order to avoid possible harmful effects on human health;(31) Whereas scientific and technical progress may necessitate rapid adaptation of the technical requirements laid down in Annexes II and III; whereas, furthermore, in order to facilitate application of the measures required for that purpose, provision should be made for a procedure under which the Commission can adopt such adaptations with the assistance of a committee composed of representatives of the Member States;(32) Whereas consumers should be adequately and appropriately informed of the quality of water intended for human consumption, of any derogations granted by the Member States and of any remedial action taken by the competent authorities; whereas, furthermore, consideration should be given both to the technical and statistical needs of the Commission, and to the rights of the individual to obtain adequate information concerning the quality of water intended for human consumption;(33) Whereas, in exceptional circumstances and for geographically defined areas, it may be necessary to allow Member States a more extensive timescale for compliance with certain provisions of this Directive;(34) Whereas this Directive should not affect the obligations of the Member States as to the time limit for transposition into national law, or as to application, as shown in Annex IV,HAS ADOPTED THIS DIRECTIVE:Article 1 Objective 1. This Directive concerns the quality of water intended for human consumption.2. The objective of this Directive shall be to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean.Article 2 Definitions For the purposes of this Directive:1. 'water intended for human consumption` shall mean:(a) all water either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic purposes, regardless of its origin and whether it is supplied from a distribution network, from a tanker, or in bottles or containers;(b) all water used in any food-production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption unless the competent national authorities are satisfied that the quality of the water cannot affect the wholesomeness of the foodstuff in its finished form;2. 'domestic distribution system` shall mean the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption and the distribution network but only if they are not the responsibility of the water supplier, in its capacity as a water supplier, according to the relevant national law.Article 3 Exemptions 1. This Directive shall not apply to:(a) natural mineral waters recognised as such by the competent national authorities, in accordance with Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (8);(b) waters which are medicinal products within the meaning of Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products (9).2. Member States may exempt from the provisions of this Directive:(a) water intended exclusively for those purposes for which the competent authorities are satisfied that the quality of the water has no influence, either directly or indirectly, on the health of the consumers concerned;(b) water intended for human consumption from an individual supply providing less than 10 m³ a day as an average or serving fewer than 50 persons, unless the water is supplied as part of a commercial or public activity.3. Member States that have recourse to the exemptions provided for in paragraph 2(b) shall ensure that the population concerned is informed thereof and of any action that can be taken to protect human health from the adverse effects resulting from any contamination of water intended for human consumption. In addition, when a potential danger to human health arising out of the quality of such water is apparent, the population concerned shall promptly be given appropriate advice.Article 4 General obligations 1. Without prejudice to their obligations under other Community provisions, Member States shall take the measures necessary to ensure that water intended for human consumption is wholesome and clean. For the purposes of the minimum requirements of this Directive, water intended for human consumption shall be wholesome and clean if it:(a) is free from any micro-organisms and parasites and from any substances which, in numbers or concentrations, constitute a potential danger to human health, and(b) meets the minimum requirements set out in Annex I, Parts A and B;and if, in accordance with the relevant provisions of Articles 5 to 8 and 10 and in accordance with the Treaty, Member States take all other measures necessary to ensure that water intended for human consumption complies with the requirements of this Directive.2. Member States shall ensure that the measures taken to implement this Directive in no circumstances have the effect of allowing, directly or indirectly, either any deterioration of the present quality of water intended for human consumption so far as that is relevant for the protection of human health or any increase in the pollution of waters used for the production of drinking water.Article 5 Quality standards 1. Member States shall set values applicable to water intended for human consumption for the parameters set out in Annex I.2. The values set in accordance with paragraph 1 shall not be less stringent than those set out in Annex I. As regards the parameters set out in Annex I, Part C, the values need be fixed only for monitoring purposes and for the fulfilment of the obligations imposed in Article 8.3. A Member State shall set values for additional parameters not included in Annex I where the protection of human health within its national territory or part of it so requires. The values set should, as a minimum, satisfy the requirements of Article 4(1)(a).Article 6 Point of compliance 1. The parametric values set in accordance with Article 5 shall be complied with:(a) in the case of water supplied from a distribution network, at the point, within premises or an establishment, at which it emerges from the taps that are normally used for human consumption;(b) in the case of water supplied from a tanker, at the point at which it emerges from the tanker;(c) in the case of water put into bottles or containers intended for sale, at the point at which the water is put into the bottles or containers;(d) in the case of water used in a food-production undertaking, at the point where the water is used in the undertaking.2. In the case of water covered by paragraph 1(a), Member States shall be deemed to have fulfilled their obligations under this Article and under Articles 4 and 8(2) where it can be established that non-compliance with the parametric values set in accordance with Article 5 is due to the domestic distribution system or the maintenance thereof except in premises and establishments where water is supplied to the public, such as schools, hospitals and restaurants.3. Where paragraph 2 applies and there is a risk that water covered by paragraph 1(a) would not comply with the parametric values established in accordance with Article 5, Member States shall nevertheless ensure that:(a) appropriate measures are taken to reduce or eliminate the risk of non-compliance with the parametric values, such as advising property owners of any possible remedial action they could take, and/orother measures, such as appropriate treatment techniques, are taken to change the nature or properties of the water before it is supplied so as to reduce or eliminate the risk of the water not complying with the parametric values after supply;and(b) the consumers concerned are duly informed and advised of any possible additional remedial action that they should take.Article 7 Monitoring 1. Member States shall take all measures necessary to ensure that regular monitoring of the quality of water intended for human consumption is carried out, in order to check that the water available to consumers meets the requirements of this Directive and in particular the parametric values set in accordance with Article 5. Samples should be taken so that they are representative of the quality of the water consumed throughout the year. In addition, Member States shall take all measures necessary to ensure that, where disinfection forms part of the preparation or distribution of water intended for human consumption, the efficiency of the disinfection treatment applied is verified, and that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection.2. To meet the obligations imposed in paragraph 1, appropriate monitoring programmes shall be established by the competent authorities for all water intended for human consumption. Those monitoring programmes shall meet the minimum requirements set out in Annex II.3. The sampling points shall be determined by the competent authorities and shall meet the relevant requirements set out in Annex II.4. Community guidelines for the monitoring prescribed in this Article may be drawn up in accordance with the procedure laid down in Article 12.5 (a) Member States shall comply with the specifications for the analyses of parameters set out in Annex III.(b) Methods other than those specified in Annex III, Part 1, may be used, providing it can be demonstrated that the results obtained are at least as reliable as those produced by the methods specified. Member States which have recourse to alternative methods shall provide the Commission with all relevant information concerning such methods and their equivalence.(c) For those parameters listed in Annex III, Parts 2 and 3, any method of analysis may be used provided that it meets the requirements set out therein.6. Member States shall ensure that additional monitoring is carried out on a case-by-case basis of substances and micro-organisms for which no parametric value has been set in accordance with Article 5, if there is reason to suspect that they may be present in amounts or numbers which constitute a potential danger to human health.Article 8 Remedial action and restrictions in use 1. Member States shall ensure that any failure to meet the parametric values set in accordance with Article 5 is immediately investigated in order to identify the cause.2. If, despite the measures taken to meet the obligations imposed in Article 4(1), water intended for human consumption does not meet the parametric values set in accordance with Article 5, and subject to Article 6(2), the Member State concerned shall ensure that the necessary remedial action is taken as soon as possible to restore its quality and shall give priority to their enforcement action, having regard inter alia to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health.3. Whether or not any failure to meet the parametric values has occurred, Member States shall ensure that any supply of water intended for human consumption which constitutes a potential danger to human health is prohibited or its use restricted or such other action is taken as is necessary to protect human health. In such cases consumers shall be informed promptly thereof and given the necessary advice.4. The competent authorities or other relevant bodies shall decide what action under paragraph 3 should be taken, bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.5. Member States may establish guidelines to assist the competent authorities to fulfil their obligations under paragraph 4.6. In the event of non-compliance with the parametric values or with the specifications set out in Annex I, Part C, Member States shall consider whether that non-compliance poses any risk to human health. They shall take remedial action to restore the quality of the water where that is necessary to protect human health.7. Member States shall ensure that, where remedial action is taken, consumers are notified except where the competent authorities consider the non-compliance with the parametric value to be trivial.Article 9 Derogations 1. Member States may provide for derogations from the parametric values set out in Annex I, Part B, or set in accordance with Article 5(3), up to a maximum value to be determined by them, provided no derogation constitutes a potential danger to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. Derogations shall be limited to as short a time as possible and shall not exceed three years, towards the end of which a review shall be conducted to determine whether sufficient progress has been made. Where a Member State intends to grant a second derogation, it shall communicate the review, along with the grounds for its decision on the second derogation, to the Commission. No such second derogation shall exceed three years.2. In exceptional circumstances, a Member State may ask the Commission for a third derogation for a period not exceeding three years. The Commission shall take a decision on any such request within three months.3. Any derogation granted in accordance with paragraphs 1 or 2 shall specify the following:(a) the grounds for the derogation;(b) the parameter concerned, previous relevant monitoring results, and the maximum permissible value under the derogation;(c) the geographical area, the quantity of water supplied each day, the population concerned and whether or not any relevant food-production undertaking would be affected;(d) an appropriate monitoring scheme, with an increased monitoring frequency where necessary;(e) a summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing;(f) the required duration of the derogation.4. If the competent authorities consider the non-compliance with the parametric value to be trivial, and if action taken in accordance with Article 8(2) is sufficient to remedy the problem within 30 days, the requirements of paragraph 3 need not be applied.In that event, only the maximum permissible value for the parameter concerned and the time allowed to remedy the problem shall be set by the competent authorities or other relevant bodies.5. Recourse may no longer be had to paragraph 4 if failure to comply with any one parametric value for a given water supply has occurred on more than 30 days on aggregate during the previous 12 months.6. Any Member State which has recourse to the derogations provided for in this Article shall ensure that the population affected by any such derogation is promptly informed in an appropriate manner of the derogation and of the conditions governing it. In addition the Member State shall, where necessary, ensure that advice is given to particular population groups for which the derogation could present a special risk.These obligations shall not apply in the circumstances described in paragraph 4 unless the competent authorities decide otherwise.7. With the exception of derogations granted in accordance with paragraph 4 a Member State shall inform the Commission within two months of any derogation concerning an individual supply of water exceeding 1 000 m³ a day as an average or serving more than 5 000 persons, including the information specified in paragraph 3.8. This Article shall not apply to water intended for human consumption offered for sale in bottles or containers.Article 10 Quality assurance of treatment, equipment and materials Member States shall take all measures necessary to ensure that no substances or materials for new installations used in the preparation or distribution of water intended for human consumption or impurities associated with such substances or materials for new installations remain in water intended for human consumption in concentrations higher than is necessary for the purpose of their use and do not, either directly or indirectly, reduce the protection of human health provided for in this Directive; the interpretative document and technical specifications pursuant to Article 3 and Article 4 (1) of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (10) shall respect the requirements of this Directive.Article 11 Review of Annexes 1. At least every five years, the Commission shall review Annex I in the light of scientific and technical progress and shall make proposals for amendments, where necessary, under the procedure laid down in Article 189c of the Treaty.2. At least every five years, the Commission shall adapt Annexes II and III to scientific and technical progress. Such changes as are necessary shall be adopted in accordance with the procedure laid down in Article 12.Article 12 Committee procedure 1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by a Commission representative.2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. The Commission shall adopt measures which shall apply immediately. However, if those measures are not in accordance with the committee's opinion, the Commission shall communicate them to the Council forthwith. In that event:(a) the Commission shall defer application of the measures which it has adopted for a period of three months from the date of communication;(b) the Council, acting by a qualified majority, may take a different decision within the time limit referred to in point (a).Article 13 Information and reporting 1. Member States shall take the measures necessary to ensure that adequate and up-to-date information on the quality of water intended for human consumption is available to consumers.2. Without prejudice to Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment (11), each Member State shall publish a report every three years on the quality of water intended for human consumption with the objective of informing consumers. The first report shall cover the years 2002, 2003 and 2004. Each report shall include, as a minimum, all individual supplies of water exceeding 1 000 m³ a day as an average or serving more than 5 000 persons and it shall cover three calendar years and be published within one calendar year of the end of the reporting period.3. Member States shall send their reports to the Commission within two months of their publication.4. The formats and the minimum information for the reports provided for in paragraph 2 shall be determined having special regard to the measures referred to in Article 3(2), Article 5(2) and (3), Article 7(2), Article 8, Article 9(6) and (7) and 15(1), and shall if necessary be amended in accordance with the procedure laid down in Article 12.5. The Commission shall examine the Member States' reports and, every three years, publish a synthesis report on the quality of water intended for human consumption in the Community. That report shall be published within nine months of the receipt of the Member States' reports.6. Together with the first report on this Directive as mentioned in paragraph 2, Member States shall also produce a report to be forwarded to the Commission on the measures they have taken or plan to take to fulfill their obligations pursuant to Article 6(3) and Annex I, Part B, note 10. The Commission shall submit, as appropriate, a proposal on the format of this report in accordance with the procedure laid down in Article 12.Article 14 Timescale for compliance Member States shall take the measures necessary to ensure that the quality of water intended for human consumption complies with this Directive within five years of its entry into force, without prejudice to Notes 2, 4 and 10 in Annex I, Part B.Article 15 Exceptional circumstances 1. A Member State may, in exceptional circumstances and for geographically defined areas, submit a special request to the Commission for a period longer than that laid down in Article 14. The additional period shall not exceed three years, towards the end of which a review shall be carried out and forwarded to the Commission which may, on the basis of that review, permit a second additional period of up to three years. This provision shall not apply to water intended for human consumption offered for sale in bottles or containers.2. Any such request, grounds for which shall be given, shall set out the difficulties experienced and include, as a minimum, all the information specified in Article 9(3).3. The Commission shall examine that request in accordance with the procedure laid down in Article 12.4. Any Member State which has recourse to this Article shall ensure that the population affected by its request is promptly informed in an appropriate manner of the outcome of that request. In addition, the Member State shall, where necessary, ensure that advice is given to particular population groups for which the request could present a special risk.Article 16 Repeal 1. Directive 80/778/EEC is hereby repealed with effect from five years after the entry into force of this Directive. Subject to paragraph 2, this repeal shall be without prejudice to Member States' obligations regarding deadlines for transposition into national law and for application as shown in Annex IV.Any reference to the Directive repealed shall be construed as a reference to this Directive and shall be read in accordance with the correlation table set out in Annex V.2. As soon as a Member State has brought into force the laws, regulations and administrative provisions necessary to comply with this Directive and has taken the measures provided for in Article 14, this Directive, not Directive 80/778/EEC, shall apply to the quality of water intended for human consumption in that Member State.Article 17 Transposition into national law 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its entry into force. They shall forthwith inform the Commission thereof.When the Member States adopt those measures, these shall contain references to this Directive or shall be accompanied by such references on the occasion of their official publication. The methods of making such references shall be laid down by the Member States.2. The Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.Article 18 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 19 Addressees This Directive is addressed to the Member States.Done at Brussels, 3 November 1998.For the CouncilThe PresidentB. PRAMMER(1) OJ C 131, 30.5.1995, p. 5 andOJ C 213, 15.7.1997, p. 8.(2) OJ C 82, 19.3.1996, p. 64.(3) OJ C 100, 2.4.1996, p. 134.(4) Opinion of the European Parliament of 12 December 1996 (OJ C 20, 20.1.1997, p. 133), Council common position of 19 December 1997 (OJ C 91, 26.3.1998, p. 1) and Decision of the European Parliament of 13 May 1998 (OJ C 167, 1.6.1998, p. 92).(5) OJ L 229, 30.8.1980, p. 11. Directive as last amended by the 1994 Act of Accession.(6) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 96/68/EC (OJ L 277, 30.10.1996, p. 25).(7) OJ L 123, 24.4.1998, p. 1.(8) OJ L 229, 30.8.1980, p. 1. Directive as last amended by Directive 96/70/EC (OJ L 299, 23.11.1996, p. 26).(9) OJ 22 9.2.1965, p. 369. Directive as last amended by Directive 93/39/EEC (OJ L 214, 24.8.1993, p. 22).(10) OJ L 40, 11.2.1989, p. 12. Directive as last amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).(11) OJ L 158, 23.6.1990, p. 56.ANNEX I PARAMETERS AND PARAMETRIC VALUES PART A >TABLE>The following applies to water offered for sale in bottles or containers:>TABLE>PART B >TABLE>PART C >TABLE>ANNEX II MONITORING TABLE A Parameters to be analysed 1. Check monitoringThe purpose of check monitoring is regularly to provide information on the organoleptic and microbiological quality of the water supplied for human consumption as well as information on the effectiveness of drinking-water treatment (particularly of disinfection) where it is used, in order to determine whether or not water intended for human consumption complies with the relevant parametric values laid down in this Directive.The following parameters must be subject to check monitoring. Member States may add other parameters to this list if they deem it appropriate.Aluminium (Note 1)AmmoniumColourConductivityClostridium perfringens (including spores) (Note 2)Escherichia coli (E. coli)Hydrogen ion concentrationIron (Note 1)Nitrite (Note 3)OdourPseudomonas aeruginosa (Note 4)TasteColony count 22 °C and 37 °C (Note 4)Coliform bacteriaTurbidityNote 1: Necessary only when used as flocculant (1*).Note 2: Necessary only if the water originates from or is influenced by surface water (2*).Note 3: Necessary only when chloramination is used as a disinfectant (3*).Note 4: Necessary only in the case of water offered for sale in bottles or containers.2. Audit monitoringThe purpose of audit monitoring is to provide the information necessary to determine whether or not all of the Directive's parametric values are being complied with. All parameters set in accordance with Article 5(2) and (3) must be subject to audit monitoring unless it can be established by the competent authorities, for a period of time to be determined by them, that a parameter is not likely to be present in a given supply in concentrations which could lead to the risk of a breach of the relevant parametric value. This paragraph does not apply to the parameters for radioactivity, which, subject to Notes 8, 9 and 10 in Annex I, Part C, will be monitored in accordance with monitoring requirements adopted under Article 12.TABLE B1 Minimum frequency of sampling and analyses for water intended for human consumption supplied from a distribution network or from a tanker or used in a food-production undertaking Member States must take samples at the points of compliance as defined in Article 6(1) to ensure that water intended for human consumption meets the requirements of the Directive. However, in the case of a distribution network, a Member State may take samples within the supply zone or at the treatment works for particular parameters if it can be demonstrated that there would be no adverse change to the measured value of the parameters concerned.>TABLE>Note 1: A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform.Note 2: The volumes are calculated as averages taken over a calendar year. A Member State may use the number of inhabitants in a supply zone instead of the volume of water to determine the minimum frequency, assuming a water consumption of 200 l/day/capita.Note 3: In the event of intermittent short-term supply the monitoring frequency of water distributed by tankers is to be decided by the Member State concerned.Note 4: For the different parameters in Annex I, a Member State may reduce the number of samples specified in the table if:(a) the values of the results obtained from samples taken during a period of at least two successive years are constant and significantly better than the limits laid down in Annex I, and(b) no factor is likely to cause a deterioration of the quality of the water.The lowest frequency applied must not be less than 50 % of the number of samples specified in the table except in the particular case of note 6.Note 5: As far as possible, the number of samples should be distributed equally in time and location.Note 6: The frequency is to be decided by the Member State concerned.TABLE B2 Minimum frequency of sampling and analysis for water put into bottles or containers intended for sale >TABLE>(1*) In all other cases, the parameters are in the list for audit monitoring.ANNEX III SPECIFICATIONS FOR THE ANALYSIS OF PARAMETERS Each Member State must ensure that any laboratory at which samples are analysed has a system of analytical quality control that is subject from time to time to checking by a person who is not under the control of the laboratory and who is approved by the competent authority for that purpose.1. PARAMETERS FOR WHICH METHODS OF ANALYSIS ARE SPECIFIEDThe following principles for methods of microbiological parameters are given either for reference whenever a CEN/ISO method is given or for guidance, pending the possible future adoption, in accordance with the procedure laid down in Article 12, of further CEN/ISO international methods for these parameters. Member States may use alternative methods, providing the provisions of Article 7(5) are met.Coliform bacteria and Escherichia coli (E. coli) (ISO 9308-1)Enterococci (ISO 7899-2)Pseudomonas aeruginosa (prEN ISO 12780)Enumeration of culturable microorganisms - Colony count 22 °C (prEN ISO 6222)Enumeration of culturable microorganisms - Colony count 37 °C (prEN ISO 6222)Clostridium perfringens (including spores)Membrane filtration followed by anaerobic incubation of the membrane on m-CP agar (Note 1) at 44 ± 1 °C for 21 ± 3 hours. Count opaque yellow colonies that turn pink or red after exposure to ammonium hydroxide vapours for 20 to 30 seconds.Note 1: The composition of m-CP agar is:>TABLE>Dissolve the ingredients of the basal medium, adjust pH to 7,6 and autoclave at 121 °C for 15 minutes. Allow the medium to cool and add:>TABLE>2. PARAMETERS FOR WHICH PERFORMANCE CHARACTERISTICS ARE SPECIFIED2.1. For the following parameters, the specified performance characteristics are that the method of analysis used must, as a minimum, be capable of measuring concentrations equal to the parametric value with a trueness, precision and limit of detection specified. Whatever the sensitivity of the method of analysis used, the result must be expressed using at least the same number of decimals as for the parametric value considered in Annex I, Parts B and C.>TABLE>2.2. For hydrogen ion concentration the specified performance characteristics are that the method of analysis used must be capable of measuring concentrations equal to the parametric value with a trueness of 0,2 pH unit and a precision of 0,2 pH unit.Note 1 (1*): Trueness is the systematic error and is the difference between the mean value of the large number of repeated measurements and the true value.Note 2 (2*): Precision is the random error and is usually expressed as the standard deviation (within and between batch) of the spread of results about the mean. Acceptable precision is twice the relative standard deviation.Note 3: Limit of detection is either:- three times the relative within batch standard deviation of a natural sample containing a low concentration of the parameter,or- five times the relative within batch standard deviation of a blank sample.Note 4: The method should determine total cyanide in all forms.Note 5: Oxidation should be carried out for 10 minutes at 100 °C under acid conditions using permanganate.Note 6: The performance characteristics apply to each individual pesticide and will depend on the pesticide concerned. The limit of detection may not be achievable for all pesticides at present, but Member States should strive to achieve this standard.Note 7: The performance characteristics apply to the individual substances specified at 25 % of the parametric value in Annex I.Note 8: The performance characteristics apply to the individual substances specified at 50 % of the parametric value in Annex I.3. PARAMETERS FOR WHICH NO METHOD OF ANALYSIS IS SPECIFIEDColourOdourTasteTotal organic carbonTurbidity (Note 1)Note 1: For turbidity monitoring in treated surface water the specified performance characteristics are that the method of analysis used must, as a minimum, be capable of measuring concentrations equal to the parametric value with a trueness of 25 %, precision of 25 % and a 25 % limit of detection.(1*) These terms are further defined in ISO 5725.ANNEX IV >TABLE>ANNEX V >TABLE>


Avis juridique important

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32000L0055

Directive 2000/55/EC of the European Parliament and of the Council of 18 September 2000 on energy efficiency requirements for ballasts for fluorescent lighting

Official Journal L 279 , 01/11/2000 P. 0033 - 0039

Directive 2000/55/EC of the European Parliament and of the Councilof 18 September 2000on energy efficiency requirements for ballasts for fluorescent lightingTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) It is important to promote measures aimed at ensuring the proper functioning of the internal market which, at the same time, promote energy-saving, environmental protection and consumer protection.(2) Fluorescent lighting accounts for a significant share of electricity consumption in the Community and thus of total energy consumption. The various models of ballasts for fluorescent lighting available on the Community market have very different levels of consumption for a given type of lamp, i.e. extremely variable energy efficiency.(3) This Directive aims at reducing energy consumption for ballasts for fluorescent lighting by moving gradually away from the less efficient ballasts, and towards the more efficient ballasts which may also offer extensive energy-saving features.(4) Some Member States are on the point of adopting provisions relating to the efficiency of ballasts for fluorescent lighting, which might create barriers to trade in these products in the Community.(5) It is appropriate to take as a base a high level of protection in proposals for the approximation of the provisions laid down by law, regulation or administrative action in Member States concerning health, safety, environmental protection and consumer protection. This Directive ensures a high level of protection for both the environment and the consumer, in aiming at a significant improvement in the energy efficiency of ballasts.(6) In accordance with the subsidiarity and proportionality principles laid down by Article 5 of the Treaty, as the objectives of this action cannot be sufficiently achieved by the Member States, they can, by reason of the scale and effects of the proposed action, be better achieved by the Community. This Directive does not go beyond what is necessary to achieve those objectives.(7) An effective enforcement system is necessary to ensure that this Directive is implemented properly, guarantees fair conditions of competition for producers and protects consumer rights.(8) Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives(4), applies, except as regards marking and withdrawal from the market, where departure to a limited extent from the Decision is justified by the type of product and the specific market situation.(9) In the interest of international trade, international standards should be used wherever appropriate. The electricity consumption of a ballast is defined by the European Committee for Electrotechnical Standardisation Standard EN 50294 of December 1998, which is based on international standards.(10) Ballasts for fluorescent lighting complying with the energy efficiency requirements of this Directive must bear the "CE" marking and associated information, in order to enable them to move freely.(11) This Directive is confined to ballasts for fluorescent lighting, supplied by mains electricity,HAVE ADOPTED THIS DIRECTIVE:Article 11. This Directive shall apply to electric mains-operated ballasts for fluorescent lighting sources as defined in European Standard EN 50294 of December 1998, point 3.4, and referred to hereinafter as "ballasts".2. The following types of ballasts are excluded from this Directive:- ballasts integrated in lamps,- ballasts designed specifically for luminaires to be mounted in furniture and which form a non-replaceable part of the luminaire which cannot be tested separately from the luminaire (according to European Standard EN 60920, clause 2.1.3), and- ballasts to be exported from the Community, either as a single component or incorporated in luminaires.3. Ballasts shall be classified in accordance with Annex I.Article 21. Member States shall take all necessary measures to ensure that, during a first phase, ballasts may be placed on the market, either as a single component or incorporated in luminaires, only if the power consumption of the ballast in question is less than, or equal to, the maximum input power of ballast-lamp circuits as defined in Annexes I, II and III for each ballast category.2. The manufacturer of a ballast, its or his authorised representative established in the Community or the person responsible for placing the ballast, either as a single component or incorporated in luminaires, on the market shall be responsible for ensuring that each ballast placed on the market, either as a single component or incorporated in luminaires, conforms with the requirements referred to in paragraph 1.Article 31. Member States may not prohibit, restrict or impede the placing on the market in their territory of ballasts, either as a single component or incorporated in luminaires, which bear the "CE" marking attesting to their conformity with the provisions of this Directive.2. Unless they have evidence to the contrary, Member States shall presume that ballasts, either as a single component or incorporated in luminaires, bearing the "CE" marking required under Article 5 comply with the provisions of this Directive.Article 41. Without prejudice to Articles 5 and 6, the procedures for conformity assessment of ballasts as single components or incorporated in luminaires and the rules for the affixing and use of the CE conformity marking shall be in accordance with Module A of Council Decision 93/465/EEC and with the criteria set out in that Decision and in the general guidelines in the Annex thereto.2. The period referred to in paragraph 2 of Module A of Council Decision 93/465/EEC shall be 3 years for the purposes of this Directive.3. (a) The content of the technical documentation referred to in paragraph 3 of Module A of Council Decision 93/465/EEC shall comprise:(i) the name and address of the manufacturer;(ii) a general description of the model sufficient for unambiguous identification;(iii) information, including drawings as relevant, on the main design features of the model and in particular on items which appreciably affect its electricity consumption;(iv) the operating instructions;(v) the results of power consumption measurements carried out as required by subparagraph c;(vi) details of the conformity of these measurements as compared with the energy consumption requirements set out in Annex I.(b) Technical documentation established for other Community legislation may be used in so far as it meets these requirements.(c) Manufacturers of ballast shall be responsible for establishing the power consumption of each ballast according to the procedures specified in European Standard EN 50294 of December 1998, as well as the appliance's conformity with the requirements of Articles 2 and 9.Article 5When ballasts are placed on the market, either as a single component or incorporated in luminaires, they shall bear the "CE" marking, which shall consist of the initials "CE". The "CE" marking shall be affixed visibly, legibly and indelibly to ballasts and their packaging. Where ballasts are placed on the market incorporated in luminaires, the "CE" marking shall be affixed to the luminaires and their packaging.Article 61. Where a Member State establishes that the "CE" marking has been affixed improperly, the manufacturer or his authorised representative established within the Community shall be obliged to bring the ballasts into conformity with this Directive and to end the infringement in accordance with the conditions imposed by the Member State. Where neither the manufacturer nor his authorised representative is established within the Community, the person responsible for placing the ballasts on the market, as a single component or incorporated in luminaires, shall assume these obligations.2. Where the ballasts are not in conformity with this Directive, the Member State shall take all necessary measures pursuant to Article 7 to prohibit the placing on the market and the sales of the ballasts in question.Article 71. Any measure taken by a Member State pursuant to this Directive which contains a prohibition on the placing on the market or the sales of ballasts, as a single component or incorporated in luminaires, shall state the precise grounds on which it is based. The manufacturer, his authorised representative established in the Community or the person responsible for placing the ballasts on the market shall be notified without delay of the measure and shall be informed at the same time of the possibilities and time limits regarding the legal remedies available to it under the laws in force in the Member State in question.2. The Member State concerned shall immediately inform the Commission of any such measure, indicating the reasons for its decision. The Commission shall make this information known to the other Member States.Article 81. Member States shall bring into force and publish the laws, regulations and administrative provisions necessary to comply with this Directive within one year of its entry into force. They shall forthwith inform the Commission thereof.Member States shall apply these measures on the expiry of a period of 18 months from the date of entry into force of this Directive.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.3. During a period of 18 months following entry into force of this Directive, Member States shall permit the placing on the market of ballasts, either as a single component or incorporated in luminaires, which comply with the same conditions as those which were applied on their territory at the date of entry into force of this Directive.Article 91. Five years after the entry into force of this Directive, i.e. during a second phase, the maximum input power of ballast-lamp circuits shall be in accordance with Annex IV, in particular in connection with Article 2.2. By 31 December 2005, the Commission shall forward an assessment to the European Parliament and the Council of the results obtained as compared with those expected. With a view to achieving a third phase in energy efficiency improvement, the Commission shall then, in consultation with the interested parties, present proposals, if appropriate, regarding further improvement in energy efficiency of ballasts. The maximum input power of ballast-lamp circuits and the date of its entry into force shall be based on levels which can be economically and technically justified in the light of the circumstances at the time. Any other measure judged appropriate to improve the inherent energy efficiency of ballasts and to encourage the use of energy-saving lighting controls systems should be considered.Article 10This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 11This Directive is addressed to the Member States.Done at Brussels, 18 September 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentH. Védrine(1) OJ C 274 E, 28.9.1999, p. 10.(2) OJ C 368, 20.12.1999, p. 11.(3) Opinion of the European Parliament of 20 January 2000 (not yet published in the Official Journal), Council Common Position of 30 May 2000 (OJ C 208, 20.7.2000, p. 9) and Decision of the European Parliament of S July 2000 (not yet published in the Official Journal).(4) OJ L 220, 30.8.1993, p. 23.ANNEX IBALLAST CATEGORIESTo calculate the maximum input power of ballast-lamp circuits of a given ballast, the ballast must first be allocated to the appropriate category from the following list:>TABLE>ANNEX IIMETHODS FOR CALCULATING THE MAXIMUM INPUT POWER OF BALLAST-LAMP CIRCUITS FOR A GIVEN BALLAST TYPEThe energy efficiency of the ballast-lamp circuit is determined by the maximum input power into the circuit. This is a function of the lamp power and of the type of ballast; for this reason, the maximum input power of ballast-lamp circuits of a given ballast is defined as the maximum ballast-lamp circuit power, with different levels for each lamp power and ballast type.The terms used in this Annex correspond to the definitions in European Standard EN 50294 of December 1998 laid down by the European Committee for Electrotechnical Standardisation.ANNEX IIIFIRST PHASEThe maximum input power of ballast-lamp circuits expressed in W is defined by the following table:>TABLE>Whenever a ballast is designed for a lamp which falls between two values indicated in the above table, the maximum input power of ballast-lamp circuit is calculated by linear interpolation between the two values of maximum input power for the two closest lamps power indicated in the table.For example if a ballast in lamp category 1 is rated for a 48 W lamp at 50 Hz, the maximum input power of ballast-lamp circuit is calculated as follows:>REFERENCE TO A GRAPHIC>ANNEX IVSECOND PHASEThe maximum input power of ballast-lamp circuits expressed in W is defined by the following table:>TABLE>Whenever a ballast is designed for a lamp which falls between two values indicated in the above table, the maximum input power of ballast-lamp circuit is calculated by linear interpolation between the two values of maximum input power for the two closest lamps power indicated in the table.For example if a ballast in lamp category 1 is rated for a 48 W lamp at 50 Hz, the maximum input power of ballast-lamp circuit is calculated as follows:>REFERENCE TO A GRAPHIC>Joint declarations by the European Parliament, the Council and the CommissionThe Commission shall also assess the share of Community production of ballasts exported outside the Community market either as a single component or incorporated into luminaires. The Commission shall further assess the possibility of applying the flexibility mechanisms defined under the Kyoto Protocol. The Commission shall promote in the appropriate fora international standards based on the principles of this Directive.Proposals for a third phase as referred to in Article 9(2) might be necessary if, before the assessment is completed on 31 december 2005, the results achieved are not those expected, the expectation in question being that the average market share, at EU level, of ballasts meeting the energy efficiency standards of CELMA type A would be greater than 55 %.


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31998L0033

Directive 98/33/EC of the European Parliament and of the Council of 22 June 1998 amending Article 12 of Council Directive 77/780/EEC on the taking up and pursuit of the business of credit institutions, Articles 2, 5, 6, 7, 8 of and Annexes II and III to Council Directive 89/647/EEC on a solvency ratio for credit institutions and Article 2 of and Annex II to Council Directive 93/6/EEC on the capital adequacy of investment firms and credit institutions

Official Journal L 204 , 21/07/1998 P. 0029 - 0036

DIRECTIVE 98/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 June 1998 amending Article 12 of Council Directive 77/780/EEC on the taking up and pursuit of the business of credit institutions, Articles 2, 5, 6, 7, 8 of and Annexes II and III to Council Directive 89/647/EEC on a solvency ratio for credit institutions and Article 2 of and Annex II to Council Directive 93/6/EEC on the capital adequacy of investment firms and credit institutionsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the first and third sentences of Article 57(2) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure referred to in Article 189b of the Treaty (3),(1) Whereas the first Council Directive (77/780/EEC) of 12 December 1977 on the coordination of the laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions (4) allows the exchange of information between competent authorities and certain other authorities or bodies within a Member State or between Member States; whereas the said Directive also allows the conclusion by Member States of cooperation agreements providing for the exchange of information with the competent authorities of third countries; whereas on grounds of consistency, this authorisation to conclude agreements on the exchange of information with third countries should be extended so as to include the exchange of information with certain other authorities or bodies in those countries provided that the information disclosed is subject to appropriate guarantees of professional secrecy;(2) Whereas Council Directive 89/647/EEC of 18 December 1989 on a solvency ratio for credit institutions (5) weights assets and off-balance-sheet items according to their degree of credit risk;(3) Whereas churches and religious communities which, constituted in the form of a legal person under public law, raise taxes in accordance with the laws conferring such a right on them represent a credit risk similar to that of regional governments and local authorities; whereas, accordingly, it is consistent to afford the competent authorities the possibility of treating claims on churches and religious communities in the same way as claims on regional governments and local authorities where these churches and religious communities raise taxes; whereas, however, the option to apply a 0 % weighting to claims on regional governments and local authorities shall not extend to claims on churches and religious communities only on the basis of the right to raise taxes;(4) Whereas Commission Directive 94/7/EC of 15 March 1994 adapting Council Directive 89/647/EEC on a solvency ratio for credit institutions as regards the technical definition of 'multilateral development banks` (6) included the European Investment Fund in that definition; whereas the Fund constitutes a new and unique structure of cooperation in Europe in order to contribute to the strengthening of the internal market, the promotion of economic recovery in Europe and the furthering of economic and social cohesion;(5) Whereas within the meaning of Article 6(1)(d)(7) of Directive 89/647/EEC, a weighting of 100 % should be applied to the unpaid portion of capital subscribed to the European Investment Fund by credit institutions;(6) Whereas the capital of the European Investment Fund reserved for subscription by financial institutions is limited to 30 %, of which 20 % is to be paid up at the outset in four annual payments each of 5 %; whereas, accordingly, 80 % is not to be paid up, remaining a contingent liability on the members of the Fund; whereas, having regard to the European Council's stated objective when creating the Fund of encouraging commercial banks to participate, such participation should not be penalised and whereas, accordingly, it would be more appropriate to apply a 20 % weighting to the unpaid portion of subscribed capital;(7) Whereas Annex I to Directive 89/647/EEC, which deals with the classification of off-balance-sheet items, classifies certain items as full risk and, accordingly, applies a 100 % weighting; whereas Article 6(4) of that Directive lays down that 'where off-balance-sheet items carry explicit guarantees, they shall be weighted as if they had been incurred on behalf of the guarantor rather than the counterparty. Where the potential exposure arising from off-balance-sheet transactions is fully and completely secured, to the satisfaction of the competent authorities, by any of the asset items recognised as collateral in paragraph 1(a)(7) or 1(b)(11), weightings of 0 % or 20 % shall apply, depending on the collateral in question`;(8) Whereas the clearing of over-the-counter (OTC) derivative instruments provided by clearing houses acting as a central counterparty plays an important role in certain Member States; whereas it is appropriate to recognise the benefits from such a clearing in terms of a reduction of credit risk and related systemic risk in the prudential treatment of credit risk; whereas it is necessary for the current and potential future exposures arising from cleared OTC derivatives contracts to be fully collateralised and for the risk of a build-up of the clearing house's exposures beyond the market value of posted collateral to be eliminated in order for cleared OTC derivatives to be granted for a transitional period the same prudential treatment as exchange-traded derivatives; whereas the competent authorities must be satisfied as to the level of the initial margins and variation margins required and the quality of and the level of protection provided by the posted collateral;(9) Whereas account should also be taken of the case where the guarantee is secured by real collateral within the meaning of Article 6(1)(c)(1) in respect of off-balance-sheet items which are sureties or guarantees having the character of credit substitutes;(10) Whereas within the meaning of points 2, 4 and 7 of Article 6(1)(a) of Directive 89/647/EEC, a zero weighting is applied to assets constituting claims on Zone A central governments and central banks or explicitly guaranteed by them and to assets secured by collateral in the form of Zone A central government or central bank securities; whereas, within the meaning of Article 7(1) of that Directive, the Member States may, on certain conditions, apply a zero weighting to assets constituting claims on their own regional governments and local authorities and to claims on third parties and off-balance-sheet items held on behalf of third parties and guaranteed by those regional governments or local authorities;(11) Whereas Article 8(1) of Directive 89/647/EEC lays down that the Member States may apply a weighting of 20 % to asset items which are secured, to the satisfaction of the competent authorities, by collateral in the form of securities issued by Zone A regional governments or local authorities; whereas collateral in the form of securities issued by regional governments or local authorities of the Member States should be regarded as being guaranteed by those regional governments and local authorities within the meaning of Article 7(1) with a view to allowing the competent authorities to apply a zero weighting to assets and off-balance-sheet items secured by such collateral, again subject to the conditions laid down in that paragraph;(12) Whereas Annex II to Directive 89/647/EEC lays down the treatment of off-balance-sheet items commonly referred to as OTC-derivative instruments concerning interest and foreign exchange rates in the context of the calculation of credit institutions' capital requirements;(13) Whereas Articles 2(1)(a), Article 2(2), Article 2(3)(b), and Article 2(6) and Article 3(1) and (2) of this Directive and the Annex thereto are in accordance with the work of an international forum of banking supervisors on a refined and in some aspects more stringent supervisory treatment of the credit risks inherent in OTC derivative instruments, in particular the extension of compulsory capital cover to OTC derivative instruments concerning underlyings other than interest and foreign exchange rates and the possibility of taking into account the risk-reducing effects of contractual netting agreements recognised by competent authorities when calculating the capital requirements for the potential future credit risks inherent in OTC derivative instruments;(14) Whereas for internationally active credit institutions and groups of credit institutions in a wide range of third countries, which compete with Community credit institutions, the rules adopted on the wider international level will result in a refined supervisory treatment of OTC derivative instruments; whereas this refinement results in a more appropriate compulsory capital cover taking into account the risk-reducing effects of supervisorily recognised contractual netting agreements on potential future credit risks;(15) Whereas for Community credit institutions a similar refinement of the supervisory treatment of OTC derivative instruments including the possibility of taking into account the risk reducing effects of supervisorily recognised contractual netting agreements on potential future credit risks can be achieved only by amending Directive 89/647/EEC;(16) Whereas to ensure a level playing-field between credit institutions and investment firms competing in the Community, consistency in the supervisory treatment of their respective activities in the area of OTC derivative instruments is necessary and can only be achieved by adaptations of Council Directive 93/6/EEC of 15 March 1993 on the capital adequacy of investment firms and credit institutions (7);(17) Whereas this Directive is the most appropriate means of attaining the objectives sought and does not go beyond what is necessary to achieve those objectives,HAVE ADOPTED THIS DIRECTIVE:Article 1 In Directive 77/780/EEC Article 12(3) shall be replaced by the following:'3. Member States may conclude cooperation agreements, providing for the exchange of information, with the competent authorities of third countries or with authorities or bodies of third countries as defined in paragraphs (5) and (5a) only if the information disclosed is subject to guarantees of professional secrecy at least equivalent to those referred to in this Article. Such exchange of information must be for the purpose of performing the supervisory task of the authorities or bodies mentioned.Where the information originates in another Member State, it may not be disclosed without the express agreement of the competent authorities which have disclosed it and, where appropriate, solely for the purposes for which those authorities gave their agreement`.Article 2 Directive 89/647/EEC is amended as follows:1. Article 2 shall be amended as follows:(a) In paragraph (1) the following indent shall be added:'- "recognised exchanges" shall mean exchanges recognised by the competent authorities which:(i) function regularly,(ii) have rules, issued or approved by the appropriate authorities of the home country of the exchange, which define the conditions for the operation of the exchange, the conditions for access to the exchange as well as the conditions that must be satisfied by a contract before it can effectively be dealt on the exchange,(iii) have a clearing mechanism that provides for contracts listed in Annex III to be subject to daily margin requirements providing an appropriate protection in the opinion of the competent authorities.`(b) In paragraph (2) the following subparagraph shall be added:'The competent authorities may also include within the concept of regional governments and local authorities, churches and religious communities constituted in the form of a legal person under public law, in so far as they raise taxes in accordance with legislation conferring on them the right to do so. However, in this case the option set out in Article 7 shall not apply`.2. In Article 5(3), the first sentence shall be replaced by the following:'3. In the case of the off-balance-sheet items referred to in Article 6(3), the potential costs of replacing contracts in the event of counterparty default shall be calculated by means of one of the two methods set out in Annex II`.3. Article 6 shall be amended as follows:(a) In paragraph (2) the following sentence shall be added:'The portion of unpaid capital subscribed to the European Investment Fund may be weighted at 20 %`.(b) Paragraph (3) shall be replaced by the following:'3. The methods set out in Annex II shall be applied to the off-balance-sheet items listed in Annex III except for:- contracts traded on recognised exchanges,- foreign-exchange contracts (except contracts concerning gold) with an original maturity of 14 calendar days or less.Until 31 December 2006, the competent authorities of Member States may exempt from the application of the methods set out in Annex II over-the-counter (OTC) contracts cleared by a clearing house where the latter acts as the legal counterparty and all participants fully collateralise on a daily basis the exposure they present to the clearing house, thereby providing a protection covering both the current exposure and the potential future exposure. The competent authorities must be satisfied that the posted collateral gives the same level of protection as collateral which complies with paragraph 1(a)(7) and that the risk of a build-up of the clearing house's exposures beyond the market value of posted collateral is eliminated. Member States shall inform the Commission of the use they make of this option`.(c) In paragraph (4) the following subparagraph shall be added:'The Member States may apply a 50 % weighting to off-balance-sheet items which are sureties or guarantees having the character of credit substitutes and which are fully guaranteed, to the satisfaction of the competent authorities, by mortgages meeting the conditions set out in paragraph (1)(c)(1), subject to the guarantor having a direct right to such collateral`.4. Article 7 shall be amended as follows:(a) in paragraph (1) the following shall be added after the words 'local authorities`:'or secured, to the satisfaction of the competent authorities concerned, by collateral in the form of securities issued by those regional governments or local authorities`;(b) in paragraph (2) the following shall be added after the words 'the latter`:', including collateral in the form of securities`.5. Article 8(1) shall be replaced by the following:'1. Without prejudice to Article 7(1) the Member States may apply a weighting of 20 % to asset items which are secured, to the satisfaction of the competent authorities concerned, by collateral in the form of securities issued by Zone A regional governments or local authorities, by deposits placed with Zone A credit institutions other than the lending institution, or by certificates of deposit or similar instruments issued by such credit institutions`.6. Annexes II and III shall be amended or replaced in accordance with Parts A and B of the Annex to this Directive.Article 3 Directive 93/6/EEC is amended as follows:1. Article 2(10) shall be replaced by the following:'10. "over-the-counter (OTC) derivative instruments" shall mean the off-balance-sheet items to which according to the first subparagraph of Article 6(3) of Directive 89/647/EEC the methods set out in Annex II to the said Directive shall be applied`.2. Annex II, point 5, shall be replaced by the following:'5. In order to calculate the capital requirement on their OTC derivative instruments, institutions shall apply Article II to Directive 89/647/EEC. The risk weightings to be applied to the relevant counterparties shall be determined in accordance with Article 2(9) of this Directive.Until 31 December 2006, the competent authorities of Member States may exempt from the application of the methods set out in Annex II OTC contracts cleared by a clearing house where the latter acts as the legal counterparty and all participants fully collateralise on a daily basis the exposure they present to the clearing house, thereby providing a protection covering both the current exposure and the potential future exposure. The competent authorities must be satisfied that the posted collateral gives the same level of protection as collateral which complies with Article 6(1)(a)(7) of Directive 89/647/EEC and that the risk of a build-up of the clearing house's exposures beyond the market value of posted collateral is eliminated. Member States shall inform the Commission of the use they make of this option`.Article 4 1. Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive not later than 24 months after the date of its entry into force. 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 main provisions of domestic law, which they adopt in the field governed by this Directive.Article 5 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 6 This Directive is addressed to the Member States.Done at Luxembourg, 22 June 1998.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentJ. CUNNINGHAM(1) OJ C 208, 19.7.1996, p. 8, and OJ C 259, 26.8.1997, p. 1.(2) OJ C 30, 30.1.1997, p. 13.(3) Opinion of the European Parliament of 10 April 1997 (OJ C 132, 28.4.1997, p. 234), Council common position of 9 March 1998 (OJ C 135, 30.4.1998, p. 32) and Decision of the European Parliament of 30 April 1998 (OJ C 152, 18.5.1998). Council Decision of 19 May 1998.(4) OJ L 322, 17.12.1977, p. 30. Directive as last amended by Directive 96/13/EC (OJ L 66, 16.3.1996, p. 15).(5) OJ L 386, 30.12.1989, p. 14. Directive as last amended by Directive 98/32/EC (see page 29 of this Official Journal).(6) OJ L 89, 6.4.1994, p. 17.(7) OJ L 141, 11.6.1993, p. 1.ANNEX A. Annex II to Directive 89/647/EEC is amended as follows:1. The heading is replaced by the following:'ANNEX IITHE TREATMENT OF OFF-BALANCE SHEET ITEMS`;2. Point 1 is replaced by the following:'1. Choice of the methodTo measure the credit risks associated with the contracts listed in points 1 and 2 of Annex III, credit institutions may choose, subject to the consent of the competent authorities, one of the methods set out below. Credit institutions which have to comply with Article 6(1) of Directive 93/6/EEC must use method 1 set out below. To measure the credit risks associated with the contracts listed in point 3 of Annex III all credit institutions must use method 1 set out below`;3. In point 2, Table 1 is replaced by the following:'>TABLE>For the purpose of calculating the potential future exposure in accordance with step (b) the competent authorities may allow credit institutions until 31 December 2006 to apply the following percentages instead of those prescribed in Table 1 provided that the institutions make use of the option set out in Article 11a of Directive 93/6/EEC for contracts within the meaning of point 3(b) and (c) of Annex III:>TABLE>`4. In Table 2, the heading in the first row of the third column is replaced by:'Contracts concerning foreign-exchange rates and gold`.5. In point 2 the following paragraph is added at the end:'For methods 1 and 2 the competent authorities must ensure that the notional amount to be taken into account is an appropriate yardstick for the risk inherent in the contract. Where, for instance, the contract provides for a multiplication of cash flows, the notional amount must be adjusted in order to take into account the effects of the multiplication on the risk structure of that contract`.6. In point (3)(b) the following paragraph is added:'The competent authorities may recognise as risk-reducing contractual-netting agreements covering foreign-exchange contracts with an original maturity of 14 calendar days or less written options or similar off-balance-sheet items to which this Annex does not apply because they bear only a negligible or no credit risk. If, depending on the positive or negative market value of these contracts, their inclusion in another netting agreement can result in an increase or decrease of the capital requirements, competent authorities must oblige their credit institution to use a consistent treatment.`7. In point (3)(c)(ii), the first paragraph and the introductory wording and the second paragraph, first indent, are replaced by the following:'(ii) Other netting agreementsIn application of method 1:in step (a) the current replacement cost for the contracts included in a netting agreement may be obtained by taking account of the actual hypothetical net replacement cost which results from the agreement; in the case where netting leads to a net obligation for the credit institution calculating the net replacement cost, the current replacement cost is calculated as "0";in step (b) the figure for potential future credit exposure for all contracts included in a netting agreement may be reduced according to the following equation:PCEred = 0,4 * PCEgross + 0,6 * NGR * PCEgrosswhere:>TABLE>For the calculation of the potential future credit exposure according to the above formula perfectly matching contracts included in the netting agreement may be taken into account as a single contract with a notional principal equivalent to the net receipts. Perfectly matching contracts are forward foreign exchange contracts or similar contracts in which notional principal is equivalent to cash flows if the cash flows fall due on the same value date and fully or partly in the same currency.In the application of method 2, in step (a)- perfectly matching contracts included in the netting agreement may be taken into account as a single contract with a notional principal equivalent to the net receipts, the notional principal amounts are multiplied by the percentages given in Table 2`.B. Annex III to Directive 89/647/EEC is replaced by the following:'ANNEX IIITYPES OF OFF-BALANCE-SHEET ITEMS1. Interest-rate contracts:(a) single-currency interest-rate swaps,(b) basis-swaps,(c) forward-rate agreements,(d) interest-rate futures,(e) interest-rate options purchased,(f) other contracts of similar nature.2. Foreign-exchange contracts and contracts concerning gold:(a) cross-currency interest-rate swaps,(b) forward foreign-exchange contracts,(c) currency futures,(d) currency options purchased,(e) other contracts of a similar nature,(f) contracts concerning gold of a nature similar to (a) to (e).3. Contracts of a nature similar to those in points 1(a) to (e) and 2(a) to (d) concerning other reference items or indices concerning:(a) equities,(b) precious metals except gold,(c) commodities other than precious metals,(d) other contracts of a similar nature`.


Avis juridique important

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31979L0581

Council Directive 79/581/EEC of 19 June 1979 on consumer protection in the indication of the prices of foodstuffs

Official Journal L 158 , 26/06/1979 P. 0019 - 0021 Finnish special edition: Chapter 15 Volume 2 P. 0187  Greek special edition: Chapter 03 Volume 25 P. 0163  Swedish special edition: Chapter 15 Volume 2 P. 0187  Spanish special edition: Chapter 15 Volume 2 P. 0142  Portuguese special edition Chapter 15 Volume 2 P. 0142

COUNCIL DIRECTIVE  of 19 June 1979  on consumer protection in the indication of the prices of foodstuffs  (79/581/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the preliminary programme of the European Economic Community for a consumer protection and information policy (4) provides for the establishment of common principles for indicating prices;  Whereas the indication of the selling price and the unit of foodstuffs will make it easier for consumers to compare prices at the place of sale ; whereas this would thereby increase market transparency and ensure greater protection for consumers;  Whereas the obligation to indicate these prices must apply in principle to all foodstuffs offered to the final consumer, irrespective of whether they are marketed in bulk or in pre-packaged form ; whereas this obligation must also apply to written or printed advertising and to catalogues wherever these mention the selling price of foodstuffs;  Whereas the selling price and the unit price must be indicated in accordance with the specific procedures for each category of foodstuffs, so as not to place an undue burden on the retailer as regards labelling;  Whereas the obligation to indicate the unit price should be waived for foodstuffs sold in bulk or prepackaged for which such indication would be meaningless;  Whereas the obligation to indicate the unit price should, wherever possible, be replaced by standardization of quantities of pre-packaged foodstuffs ; whereas, in order to enable standardization to progress at national and Community level, provision should be made for a delay in the application of this obligation to pre-packaged foodstuffs in pre-established quantities;  Whereas the rules laid down in this Directive are needed for the purposes of consumer information and protection and further the attainment of one of the objectives of the Community by contributing to the improvement of living conditions and the harmonious development of economic activities throughout the Community ; whereas the Treaty has not provided the necessary powers,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive relates to the indication of the selling price and the price per unit of measurement of foodstuffs which are to be supplied to the final consumer, or which are advertised with their prices stated, whether they are sold in bulk or pre-packaged in pre-established or variable quantities.  2. This Directive does not apply to foodstuffs sold in hotels, restaurants, cafés, public houses, hospitals, canteens and similar establishments and consumed on the premises, nor to foodstuffs which the consumer purchases for professional or commercial reasons.  3. Member States may provide that this Directive shall not apply to foodstuffs sold on the farm. Foodstuffs sold by certain shops and handed directly by the seller to the purchaser may also be exempted from the scope of this Directive where the indication of prices:    - is likely to constitute an excessive burden on such shops, or       - appears to be most impracticable owing to the number of foodstuffs offered for sale, the sales  (1)OJ No C 167, 14.7.1977, p. 4 ; OJ No C 135, 9.6.1978, p. 4. (2)OJ No C 63, 13.3.1978, p. 48. (3)OJ No C 18, 23.1.1978, p. 15. (4)OJ No C 92, 25.4.1975, p. 2.   area, its layout or the conditions peculiar to certain forms of trade, such as certain cases of itinerant dealers.          The exemptions referred to in the first paragraph shall be without prejudice to more stringent obligations to indicate prices existing under national or Community provisions at the time of entry into force of this Directive.   Article 2 For the purposes of this Directive:    (a) "foodstuffs sold in bulk (or not packaged)" means foodstuffs which are not pre-packaged and/or are not measured or weighed for sale except in the presence of the final consumer;       (b) "pre-packaged foodstuffs" means foodstuffs in packaging whether such packaging encloses the foodstuff completely or only partially;       (c) "foodstuffs pre-packaged in pre-established quantities" means foodstuffs pre-packaged in such a way that the quantity in the package corresponds to a previously selected value;       (d) "foodstuffs pre-packaged in variable quantities" means foodstuffs pre-packaged in such a way that the quantity contained in the package does not correspond to a previously selected value;       (e) "selling price" means the price for a given quantity of the foodstuff;       (f) "unit price" means the price for a quantity of one kilogram or one litre of the foodstuff, subject to Articles 6 (2) and 9.          Article 3 1. The selling price and the unit price of the foodstuffs referred to in Article 1 must be indicated in accordance with the following provisions.  2. The unit price of foodstuffs marketed in bulk must be indicated. However the Member States may specify the conditions under which the selling price per piece may be indicated for certain categories of these foodstuffs.  3. The selling price and the unit price shall relate to the final price of the foodstuff under the conditions laid down by the Member States.   Article 4 The selling price and the unit price indicated at the place of sale must be unambiguous, easily identifiable and clearly legible. Each competent national authority may lay down the specific rules for such indication of prices.   Article 5 Any written or printed advertisement or catalogue which mentions the selling price of foodstuffs referred to in Article I shall indicate the unit price, subject to Articles 7 and 8.   Article 6 1. The unit price shall be expressed as a price per litre for foodstuffs sold by volume and as a price per kilogram for foodstuffs sold by weight.  2. Member States may, however, authorize that, for foodstuffs marketed by volume, the unit price shall refer to a quantity of 100 millilitres, 10 centilitres, one decilitre or 0 71 litre and, for those marketed by weight, to a quantity of 100 grams.  3. The unit price of pre-packaged foodstuffs shall refer to the quantity declared, in accordance with national and Community provisions. Where two or more quantities are declared on the packaging, the Member States may determine which one is to be used to calculate the unit price.   Article 7 1. Member States may waive the obligation to indicate the unit price of foodstuffs marketed in bulk or pre-packaged for which such indication would be meaningless.  2. The foodstuffs referred to in paragraph 1 include in particular:    (a) foodstuffs for which indication of weight or volume is not required (in particular foodstuffs sold by the piece);       (b) foodstuffs sold from automatic vending machines;       (c) prepared dishes or dishes for preparation contained in a single package;       (d) fancy products.         3. Highly perishable foodstuffs may, if sold at reduced prices on account of the danger of their deteriorating, be exempted by the Member States from the requirement to indicate the new unit price.  4. Member States may exempt from the requirement to indicate the unit price foodstuffs of less than five grams or five millilitres and those exceeding 10 kilograms or 10 litres.   Article 8 1. By 31 December 1983 at the latest the Council, acting on a proposal from the Commission, shall take a decision on conditions for applying the obligation to indicate the unit price of foodstuffs pre-packaged  in pre-established quantities. At the same time it shall lay down the categories of foodstuffs which may be exempted from the requirement to indicate the unit price.  2. Pending the Council decision referred to in paragraph 1, the unit price of foodstuffs pre-packaged in pre-established quantities shall be indicated in accordance with national provisions.   Article 9 Until the expiry of the transitional period during which use of the imperial system of units of measurement is authorized by Community provisions relating to units of measurement, the competent national authorities in Ireland and the United Kingdom shall determine, for each foodstuff or each category of foodstuffs, the units of mass or volume of the international system or the imperial system in which indication of the unit price is compulsory.   Article 10 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 24 months of the date of its notification. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.  3. The Commission shall submit to the Council by 1 July 1983 a report on the exemptions granted by the Member States pursuant to Articles 1 (3) and 7 (1) and (2), accompanied by a proposal for revision in the light of experience. On the basis of this report and the proposal for revision the Council shall decide to maintain to amend or to delete all or part of the provisions relating to the aforesaid exemptions.   Article 11 This Directive is addressed to the Member States.     Done at Luxembourg, 19 June 1979.  For the Council  The President  M. d'ORNANO