Avis juridique important

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31983L0623

Council Directive 83/623/EEC of 25 November 1983 amending Directive 71/307/EEC on the approximation of the laws of the Member States relating to textile names

Official Journal L 353 , 15/12/1983 P. 0008 - 0014 Finnish special edition: Chapter 15 Volume 4 P. 0175  Spanish special edition: Chapter 13 Volume 14 P. 0243  Swedish special edition: Chapter 15 Volume 4 P. 0175  Portuguese special edition Chapter 13 Volume 14 P. 0243

+++++( 1 ) OJ NO C 63 , 13 . 3 . 1980 , P . 3 .  ( 2 ) OJ NO C 197 , 4 . 8 . 1980 , P . 66 .  ( 3 ) OJ NO C 230 , 8 . 9 . 1980 , P . 22 .  ( 4 ) OJ NO L 185 , 16 . 8 . 1971 , P . 16 .  ( 5 ) OJ NO L 173 , 31 . 7 . 1972 , P . 1 .  ( 6 ) OJ NO L 173 , 31 . 7 . 1972 , P . 1 .  ( 7 ) OJ NO L 57 , 4 . 3 . 1981 , P . 23 .  ( 8 ) OJ NO L 83 , 30 . 3 . 1973 , P . 1 .  COUNCIL DIRECTIVE OF 25 NOVEMBER 1983 AMENDING DIRECTIVE 71/307/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO TEXTILE NAMES ( 83/623/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS CERTAIN PROVISIONS OF DIRECTIVE 71/307/EEC ( 4 ) HAVE GIVEN RISE IN THE MEMBER STATES TO DIFFERENCES OF INTERPRETATION AND APPLICATION PREJUDICIAL TO THE FREE MOVEMENT OF TEXTILE GOODS AND TO CONSUMER INFORMATION WITHIN THE MEANING OF THAT DIRECTIVE ; WHEREAS THOSE PROVISIONS MUST THEREFORE BE AMENDED OR SUPPLEMENTED , AND ALL DISCREPANCIES OF TERMINOLOGY OBSERVED IN THE VARIOUS LANGUAGE VERSIONS OF THE DIRECTIVE ELIMINATED ;  WHEREAS THE TERM " TEXTILE FIBRE " MUST BE EXTENDED TO INCLUDE STRIPS OR TUBES WITH AN APPARENT WIDTH OF NOT MORE THAN 5 MM , WHICH ARE CUT OUT FROM SHEETS MANUFACTURED BY EXTRUSION OF THE POLYMERS LISTED UNDER ITEMS 17 TO 36 AND 39 OF ANNEX I , AND SUBSEQUENTLY DRAWN OUT LENGTHWISE ;  WHEREAS THE TOLERANCE IN RESPECT OF " OTHER FIBRES " , WHICH HAS ALREADY BEEN LAID DOWN FOR PURE PRODUCTS , MUST ALSO BE APPLIED TO MIXTURES ;  WHEREAS , IN CASES WHERE IT IS TECHNICALLY DIFFICULT TO SPECIFY THE COMPOSITION OF A PRODUCT AT THE TIME OF MANUFACTURE , ANY FIBRES KNOWN AT THAT TIME MAY BE STATED ON THE LABEL PROVIDED THAT THEY ACCOUNT FOR A CERTAIN PERCENTAGE OF THE FINISHED PRODUCT ;  WHEREAS IT IS EXPEDIENT , IN ORDER TO AVOID THE DIFFERENCES OF APPLICATION THAT HAVE ARISEN IN THIS CONNECTION IN THE COMMUNITY , TO SPECIFY THE EXACT METHODS OF LABELLING CERTAIN TEXTILE PRODUCTS COMPOSED OF TWO OR MORE COMPONENTS , AND ALSO THE CONSTITUENTS OF TEXTILE PRODUCTS THAT NEED NOT BE TAKEN INTO ACCOUNT FOR PURPOSES OF LABELLING AND ANALYSIS ;  WHEREAS TEXTILE PRODUCTS SUBJECT ONLY TO THE REQUIREMENT OF INCLUSIVE LABELLING , AND THOSE SOLD BY THE METRE OR IN CUT LENGTHS , MUST BE OFFERED FOR SALE IN SUCH A WAY THAT THE CONSUMER CAN FULLY ACQUAINT HIMSELF WITH THE PARTICULARS AFFIXED TO THE OVERALL PACKAGING OR THE ROLL ; WHEREAS IT IS FOR THE MEMBER STATES TO DECIDE ON THE MEASURES TO BE ADOPTED FOR THIS PURPOSE ;  WHEREAS , WHEN DIRECTIVE 71/307/EEC WAS ADOPTED , THE COUNCIL PROVIDED FOR THE AMENDMENT OF ANNEXES III AND IV TO THAT DIRECTIVE ; WHEREAS THOSE ANNEXES SHOULD THEREFORE BE AMENDED , TAKING INTO ACCOUNT THE EXCEPTIONAL NATURE OF THE ITEMS REFERRED TO THEREIN AND ADDING OTHER PRODUCTS EXEMPT FROM LABELLING , IN PARTICULAR " DISPOSABLE " PRODUCTS OR PRODUCTS FOR WHICH ONLY INCLUSIVE LABELLING IS REQUIRED ;  WHEREAS THE PROVISIONS NECESSARY FOR THE DETERMINATION AND THE ADAPTATION TO TECHNICAL PROGRESS OF THE METHODS OF ANALYSIS ARE IMPLEMENTING MEASURES OF A STRICTLY TECHNICAL NATURE ; WHEREAS IT IS THEREFORE NECESSARY TO APPLY TO THOSE MEASURES , AND TO THE MEASURES FOR ADAPTING ANNEXES I AND II TO THE DIRECTIVE TO TECHNICAL PROGRESS , THE COMMITTEE PROCEDURE ALREADY LAID DOWN IN ARTICLE 6 OF DIRECTIVE 72/276/EEC ( 5 ) ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  DIRECTIVE 71/307/EEC IS HEREBY AMENDED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS :  1 . PARAGRAPH 2 OF ARTICLE 2 IS REPLACED BY THE FOLLOWING :  " 2 . FOR THE PURPOSES OF THIS DIRECTIVE , " TEXTILE FIBRE " MEANS :  - A UNIT OF MATTER CHARACTERIZED BY ITS FLEXIBILITY , FINENESS AND HIGH RATIO OF LENGTH TO MAXIMUM TRANSVERSE DIMENSION , WHICH RENDER IT SUITABLE FOR TEXTILE APPLICATIONS ,  - FLEXIBLE STRIPS OR TUBES , OF WHICH THE APPARENT WIDTH DOES NOT EXCEED 5 MM , INCLUDING STRIPS CUT FROM WIDER STRIPS OR FILMS , PRODUCED FROM THE SUBSTANCES USED FOR THE MANUFACTURE OF THE FIBRES LISTED UNDER ITEMS 17 TO 39 IN ANNEX I AND SUITABLE FOR TEXTILE APPLICATIONS ; THE APPARENT WIDTH IS THE WIDTH OF THE STRIP OR TUBE WHEN FOLDED , FLATTENED , COMPRESSED OR TWISTED , OR THE AVERAGE WIDTH WHERE THE WIDTH IS NOT UNIFORM . "  2 . PARAGRAPHS 2 , 4 AND 5 OF ARTICLE 6 ARE REPLACED BY THE FOLLOWING :  " 2 . A TEXTILE PRODUCT COMPOSED OF TWO OR MORE FIBRES , NONE OF WHICH ACCOUNTS FOR AS MUCH AS 85 % OF THE TOTAL WEIGHT , SHALL BE DESIGNATED BY THE NAME AND PERCENTAGE BY WEIGHT OF AT LEAST THE TWO MAIN FIBRES , FOLLOWED BY THE NAMES OF THE OTHER CONSTITUENT FIBRES IN DESCENDING ORDER OF WEIGHT , WITH OR WITHOUT AN INDICATION OF THEIR PERCENTAGE BY WEIGHT . HOWEVER :  ( A ) FIBRES WHICH SEPARATELY ACCOUNT FOR LESS THAN 10 % OF THE TOTAL WEIGHT OF A PRODUCT MAY BE COLLECTIVELY DESIGNATED BY THE TERM " OTHER FIBRES " , FOLLOWED BY THE TOTAL PERCENTAGE BY WEIGHT ;  ( B ) WHERE THE NAME OF A FIBRE WHICH ACCOUNTS FOR LESS THAN 10 % OF THE TOTAL WEIGHT OF A PRODUCT IS SPECIFIED , THE FULL PERCENTAGE COMPOSITION OF THAT PRODUCT SHALL BE GIVEN . "  " 4 . IN THE CASE OF TEXTILE PRODUCTS INTENDED FOR THE END CONSUMER , IN THE PERCENTAGE COMPOSITIONS SPECIFIED IN PARAGRAPHS 1 , 2 , 3 AND 5 OF THIS ARTICLE :  ( A ) A QUANTITY OF EXTRANEOUS FIBRES OF UP TO 2 % OF THE TOTAL WEIGHT OF THE TEXTILE PRODUCT SHALL BE TOLERATED , PROVIDED THAT THIS QUANTITY IS JUSTIFIED ON TECHNICAL GROUNDS AND IS NOT ADDED AS A MATTER OF ROUTINE ; THIS TOLERANCE SHALL BE INCREASED TO 5 % IN THE CASE OF PRODUCTS WHICH HAVE UNDERGONE A CARDING PROCESS AND SHALL BE WITHOUT PREJUDICE TO THE TOLERANCE REFERRED TO IN ARTICLE 5 ( 3 ) ;  ( B ) A MANUFACTURING TOLERANCE OF 3 % SHALL BE PERMITTED BETWEEN THE STATED FIBRE PERCENTAGES AND THE PERCENTAGES OBTAINED FROM ANALYSIS , IN RELATION TO THE TOTAL WEIGHT OF FIBRES SHOWN ON THE LABEL ; SUCH TOLERANCE SHALL ALSO BE APPLIED TO FIBRES WHICH , IN ACCORDANCE WITH PARAGRAPH 2 , ARE LISTED IN DESCENDING ORDER OF WEIGHT WITH NO INDICATION OF THEIR PERCENTAGE . THIS TOLERANCE SHALL ALSO APPLY TO ARTICLE 5 ( 2 ) ( B ) .  ON ANALYSIS , THESE TOLERANCES SHALL BE CALCULATED SEPARATELY ; THE TOTAL WEIGHT TO BE TAKEN INTO ACCOUNT IN CALCULATING THE TOLERANCE REFERRED TO IN ( B ) SHALL BE THAT OF THE FIBRES OF THE FINISHED PRODUCT LESS THE WEIGHT OF ANY EXTRANEOUS FIBRES FOUND WHEN APPLYING THE TOLERANCE REFERRED TO IN ( A ) .  THE ADDITION OF THE TOLERANCES REFERRED TO IN ( A ) AND ( B ) SHALL BE PERMITTED ONLY IF ANY EXTRANEOUS FIBRES FOUND BY ANALYSIS , WHEN APPLYING THE TOLERANCE REFERRED TO IN ( A ) , PROVE TO BE OF THE SAME CHEMICAL TYPE AS ONE OR MORE OF THE FIBRES SHOWN ON THE LABEL .  IN THE CASE OF PARTICULAR PRODUCTS FOR WHICH THE MANUFACTURING PROCESS REQUIRES TOLERANCES HIGHER THAN THOSE GIVEN IN ( A ) AND ( B ) , HIGHER TOLERANCES MAY BE AUTHORIZED WHEN THE CONFORMITY OF THE PRODUCT IS CHECKED PURSUANT TO ARTICLE 13 ( 1 ) ONLY IN EXCEPTIONAL CASES AND WHERE ADEQUATE JUSTIFICATION IS PROVIDED BY THE MANUFACTURER . MEMBER STATES SHALL IMMEDIATELY INFORM THE COMMISSION THEREOF .  5 . THE TERM " MIXED FIBRES " OR THE TERM " UNSPECIFIED TEXTILE COMPOSITION " MAY BE USED FOR ANY PRODUCT THE COMPOSITION OF WHICH CANNOT EASILY BE STATED AT THE TIME OF MANUFACTURE . "  3 . ARTICLE 7 IS REPLACED BY THE FOLLOWING :  " ARTICLE 7  WITHOUT PREJUDICE TO THE TOLERANCES LAID DOWN IN ARTICLES 4 ( 2 ) , 5 ( 3 ) , AND 6 ( 4 ) , VISIBLE , ISOLABLE FIBRES WHICH ARE PURELY DECORATIVE AND DO NOT EXCEED 7 % OF THE WEIGHT OF THE FINISHED PRODUCT NEED NOT BE MENTIONED IN THE FIBRE COMPOSITIONS PROVIDED FOR IN ARTICLES 4 AND 6 ; THE SAME SHALL APPLY TO FIBRES ( E . G . METALLIC FIBRES ) WHICH ARE INCORPORATED IN ORDER TO OBTAIN AN ANTISTATIC EFFECT AND WHICH DO NOT EXCEED 2 % OF THE WEIGHT OF THE FINISHED PRODUCT . IN THE CASE OF THE PRODUCTS REFERRED TO IN ARTICLE 6 ( 3 ) , SUCH PERCENTAGES SHALL BE CALCULATED NOT ON THE WEIGHT OF THE FABRIC BUT ON THE WEIGHT OF THE WARP AND THAT OF THE WEFT SEPARATELY . "  4 . THE FOLLOWING SUBPARAGRAPH IS ADDED TO ARTICLE 8 ( 2 ) ( C ) :  " IN THE CASE OF BOBBINS , REELS , SKEINS , BALLS OR ANY OTHER SMALL QUANTITY OF SEWING , MENDING AND EMBROIDERY YARNS , THE OPTION PROVIDED FOR IN THE PRECEDING PARAGRAPH MAY BE EXERCISED BY THE MEMBER STATES ONLY IN THE CASE OF INCLUSIVE LABELLING ON PACKAGING OR DISPLAYS . WITHOUT PREJUDICE TO THE CASES REFERRED TO IN POINT 18 OF ANNEX IV , INDIVIDUAL ITEMS MAY BE LABELLED IN ANY ONE OF THE COMMUNITY LANGUAGES . "  5 . ARTICLE 9 IS SUPPLEMENTED BY THE FOLLOWING PARAGRAPH 3 :  " 3 . WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 12 :  ( A ) THE FIBRE COMPOSITION OF THE FOLLOWING CORSETRY ARTICLES SHALL BE INDICATED BY STATING THE COMPOSITION OF THE WHOLE PRODUCT OR THAT OF THE COMPONENTS LISTED BELOW EITHER INCLUSIVELY OR SEPARATELY :  - FOR BRASSIERES : THE OUTSIDE AND INSIDE FABRIC OF THE CUPS AND BACK ,  - FOR CORSETS : THE FRONT , REAR AND SIDE STIFFENING PANELS ,  - FOR CORSELETS : THE OUTSIDE AND INSIDE FABRIC OF THE CUPS , THE FRONT AND REAR STIFFENING PANELS AND THE SIDE PANELS .  THE FIBRE COMPOSITION OF CORSETRY ARTICLES OTHER THAN THOSE LISTED IN THE PREVIOUS SUBPARAGRAPH SHALL BE INDICATED BY STATING THE COMPOSITION OF THE WHOLE PRODUCT OR , EITHER INCLUSIVELY OR SEPARATELY , THE COMPOSITION OF THE VARIOUS COMPONENTS OF THE ARTICLES ; SUCH LABELLING SHALL NOT BE COMPULSORY FOR COMPONENTS REPRESENTING LESS THEN 10 % OF THE TOTAL WEIGHT OF THE PRODUCT .  THE SEPARATE LABELLING OF THE VARIOUS PARTS OF THE CORSETRY ARTICLES REFERRED TO ABOVE SHALL BE CARRIED OUT IN SUCH A WAY THAT THE END CONSUMER CAN EASILY UNDERSTAND TO WHICH PART OF THE PRODUCT THE PARTICULARS ON THE LABEL REFER ;  ( B ) THE FIBRE COMPOSITION OF ETCH-PRINTED TEXTILES SHALL BE GIVEN FOR THE PRODUCT AS A WHOLE AND MAY BE INDICATED BY STATING , SEPARATELY , THE COMPOSITION OF THE BASE FABRIC AND THAT OF THE ETCHED PARTS . THESE COMPONENTS MUST BE MENTIONED BY NAME ;  ( C ) THE FIBRE COMPOSITION OF EMBROIDERED TEXTILES SHALL BE GIVEN FOR THE PRODUCT AS A WHOLE AND MAY BE INDICATED BY STATING , SEPARATELY , THE COMPOSITION OF THE BASE FABRIC AND THAT OF THE EMBROIDERY YARN ; THESE COMPONENTS MUST BE MENTIONED BY NAME ; IF THE EMBROIDERED PARTS AMOUNT TO LESS THAN 10 % OF THE SURFACE AREA OF THE PRODUCT , ONLY THE COMPOSITION OF THE BASE FABRIC NEED BE STATED ;  ( D ) THE FIBRE COMPOSITION OF YARNS CONSISTING OF A CORE AND A COVER MADE UP OF DIFFERENT FIBRES , AND OFFERED FOR SALE AS SUCH TO THE CONSUMER , SHALL BE GIVEN FOR THE PRODUCT AS A WHOLE AND MAY BE INDICATED BY STATING THE COMPOSITION OF THE CORE AND THE COVER SEPARATELY ; THESE COMPONENTS MUST BE MENTIONED BY NAME ;  ( E ) THE FIBRE COMPOSITION OF VELVET AND PLUSH TEXTILES , OR OF TEXTILES RESEMBLING VELVET OR PLUSH , SHALL BE GIVEN FOR THE WHOLE PRODUCT AND , WHERE THE PRODUCT COMPRISES A DISTINCT BACKING AND A USE-SURFACE COMPOSED OF DIFFERENT FIBRES , MAY BE STATED SEPARATELY FOR THESE TWO PARTS , WHICH MUST BE MENTIONED BY NAME ;  ( F ) THE COMPOSITION OF FLOOR COVERINGS AND CARPETS OF WHICH THE BACKING AND THE USE-SURFACE ARE COMPOSED OF DIFFERENT FIBRES MAY BE STATED FOR THE USE-SURFACE ALONE , WHICH MUST BE MENTIONED BY NAME . "  6 . ARTICLE 10 IS AMENDED AS FOLLOWS :  - A NEW POINT ( C ) IS ADDED TO THE PRESENT PARAGRAPH :  " ( C ) THE COMPOSITION OF TEXTILE PRODUCTS SOLD BY THE METRE NEED BE SHOWN ONLY ON THE LENGTH OR ROLL OFFERED FOR SALE . " ;  - A SECOND PARAGRAPH IS ADDED :  " MEMBER STATES SHALL TAKE ALL NECESSARY STEPS TO ENSURE THAT THE PRODUCTS REFERRED TO IN ( B ) AND ( C ) OF THE FIRST PARAGRAPH ARE OFFERED FOR SALE IN SUCH A WAY THAT THE END CONSUMER CAN FULLY ACQUAINT HIMSELF WITH THE COMPOSITION OF THESE PRODUCTS . "  7 . ARTICLE 12 IS REPLACED BY THE FOLLOWING :  " ARTICLE 12  FOR THE PURPOSES OF APPLYING ARTICLE 8 ( 1 ) AND THE OTHER PROVISIONS OF THIS DIRECTIVE RELATING TO THE LABELLING OF TEXTILE PRODUCTS , THE FIBRE PERCENTAGES REFERRED TO IN ARTICLES 4 , 5 AND 6 SHALL BE DETERMINED WITHOUT TAKING ACCOUNT OF THE ITEMS LISTED IN POINTS 1 , 2 AND 3 BELOW :  1 . FOR ALL TEXTILE PRODUCTS :  NON-TEXTILE PARTS , SELVEDGES , LABELS AND BADGES , EDGINGS AND TRIMMINGS NOT FORMING AN INTEGRAL PART OF THE PRODUCT , BUTTONS AND BUCKLES COVERED WITH TEXTILE MATERIALS , ACCESSORIES , DECORATIONS , NON-ELASTIC RIBBONS , ELASTIC THREADS AND BANDS ADDED AT SPECIFIC AND LIMITED POINTS OF THE PRODUCT AND , SUBJECT TO THE CONDITIONS SPECIFIED IN ARTICLE 7 , VISIBLE , ISOLABLE FIBRES WHICH ARE PURELY DECORATIVE AND ANTISTATIC FIBRES ;  2 . ( A ) FOR FLOOR COVERINGS AND CARPETS : ALL COMPONENTS OTHER THAN THE USE-SURFACE ;  ( B ) FOR UPHOLSTERY FABRICS : BINDING AND FILLING WARPS AND WEFTS WHICH DO NOT FORM PART OF THE USE-SURFACE ;  FOR HANGINGS AND CURTAINS : BINDING AND FILLING WARPS AND WEFTS WHICH DO NOT FORM PART OF THE RIGHT SIDE OF THE FABRIC ;  ( C ) FOR OTHER TEXTILE PRODUCTS : BASE OR UNDERLYING FABRICS , STIFFENINGS AND REINFORCEMENTS , INTER-LININGS AND CANVAS BACKINGS , STITCHING AND ASSEMBLY THREADS UNLESS THEY REPLACE THE WARP AND/OR WEFT OF THE FABRIC , FILLINGS NOT HAVING AN INSULATING FUNCTION AND , SUBJECT TO THE PROVISIONS OF ARTICLE 9 ( 1 ) , LININGS .  FOR THE PURPOSES OF THIS PROVISION :  - THE BASE OR UNDERLYING MATERIAL OF TEXTILE PRODUCTS WHICH SERVE AS A BACKING FOR THE USE-SURFACE , IN PARTICULAR IN BLANKETS AND DOUBLE FABRICS , AND THE BACKINGS OF VELVET OR PLUSH FABRICS AND KINDRED PRODUCTS SHALL NOT BE REGARDED AS BACKINGS TO BE REMOVED ,  - " STIFFENINGS AND REINFORCEMENTS " MEAN THE YARNS OR MATERIALS ADDED AT SPECIFIC AND LIMITED POINTS OF THE TEXTILE PRODUCTS TO STRENGTHEN THEM OR TO GIVE THEM STIFFNESS OR THICKNESS ;  3 . FATTY SUBSTANCES , BINDERS , WEIGHTINGS , SIZINGS AND DRESSINGS , IMPREGNATING PRODUCTS , ADDITIONAL DYEING AND PRINTING PRODUCTS AND OTHER TEXTILE PROCESSING PRODUCTS . IN THE ABSENCE OF COMMUNITY PROVISIONS , MEMBER STATES SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT THESE ITEMS ARE NOT PRESENT IN QUANTITIES LIABLE TO MISLEAD THE CONSUMER . "  8 . ARTICLE 13 IS REPLACED BY THE FOLLOWING :  " ARTICLE 13  1 . CHECKS ON WHETHER THE COMPOSITION OF TEXTILE PRODUCTS IS IN CONFORMITY WITH THE INFORMATION SUPPLIED IN ACCORDANCE WITH THIS DIRECTIVE SHALL BE CARRIED OUT BY THE METHODS OF ANALYSIS SPECIFIED IN THE DIRECTIVES REFERRED TO IN PARAGRAPH 2 .  FOR THIS PURPOSE , THE FIBRE PERCENTAGES IN ARTICLES 4 , 5 AND 6 SHALL BE DETERMINED BY APPLYING TO THE ANHYDROUS MASS OF EACH FIBRE THE APPROPRIATE AGREED ALLOWANCE LAID DOWN IN ANNEX II , AFTER HAVING REMOVED THE ITEMS REFERRED TO IN ARTICLE 12 ( 1 ) , ( 2 ) AND ( 3 ) .  2 . SEPARATE DIRECTIVES WILL SPECIFY THE METHODS OF SAMPLING AND ANALYSIS TO BE USED IN MEMBER STATES TO DETERMINE THE FIBRE COMPOSITION OF PRODUCTS COVERED BY THIS DIRECTIVE . "  9 . THE FOLLOWING ARTICLE 15A IS INSERTED :  " ARTICLE 15A  1 . THE ADDITIONS TO ANNEX I AND THE ADDITIONS AND AMENDMENTS TO ANNEX II TO THIS DIRECTIVE WHICH ARE NECESSARY FOR ADAPTING THESE ANNEXES TO TECHNICAL PROGRESS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 6 OF DIRECTIVE 72/276/EEC ( 6 ) , AS LAST AMENDED BY DIRECTIVE 81/75/EEC ( 7 ) .  2 . THE NEW METHODS OF QUANTITATIVE ANALYSIS FOR BINARY AND TERNARY MIXTURES OTHER THAN THOSE REFERRED TO IN DIRECTIVES 72/276/EEC AND 73/44/EEC ( 8 ) SHALL ALSO BE DETERMINED BY THAT PROCEDURE .  3 . THE NAME OF THE COMMITTEE REFERRED TO IN ARTICLE 5 OF DIRECTIVE 72/276/EEC SHALL BECOME THE " COMMITTEE FOR DIRECTIVES RELATING TO TEXTILE NAMES AND LABELLING " . "  10 . ANNEX I IS AMENDED AS FOLLOWS :  ( A ) THE FOLLOWING ITEMS ARE AMENDED AS FOLLOWS :  1 AND 2 : A FOOTNOTE REFERENCE " ( 1 ) " IS INSERTED AFTER THE TEXT RELATING TO THESE ITEMS IN THE SECOND COLUMN HEADED " NAME " .  2 : THE FOOTNOTE REFERENCE " ( 1 ) " WHICH CURRENTLY APPEARS AFTER THE WORD " GUANACO " IN THE SECOND COLUMN HEADED " NAME " IS DELETED .  UNDER " FIBRE DESCRIPTION " THE WORD " MOHAIR " IS REPLACED AS FOLLOWS :  - IN THE FRENCH TEXT BY " CHEVRE ANGORA " ,  - IN THE ITALIAN TEXT BY " CAPRA ANGORA " ,  - IN THE GERMAN TEXT BY " ANGORAZIEGE " .  IN THE DANISH TEXT THE WORD " ANGORAGED " IS ADDED AFTER THE WORD " KASHMIRGED " .  IN THE DUTCH TEXT THE WORD " MOHAIR " IS DELETED .  9 JUTE :  THE FIBRE DESCRIPTION IS REPLACED BY THE FOLLOWING :  " FIBRE OBTAINED FROM THE BAST OF CORCHORUS OLITORIUS AND CORCHORUS CAPSULARIS . FOR THE PURPOSES OF THIS DIRECTIVE , BAST FIBRES OBTAINED FROM THE FOLLOWING SPECIES SHALL BE TREATED IN THE SAME WAY AS JUTE : HIBISCUS CANNABINUS ; HIBISCUS SABDARIFFA , ABULTILON AVICENNAE , URENA LOBATA , URENA SINUATA " .  14 KENAF :  DELETED .  20 MODAL :  THE FIBRE DESCRIPTION IS REPLACED BY THE FOLLOWING :  " A FIBRE OF REGENERATED CELLULOSE 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 :  WHERE T IS THE MEAN LINEAR DENSITY IN DECITEX " .  25 CHLOROFIBRE :  THE FIBRE DESCRIPTION IS REPLACED BY THE FOLLOWING :  " FIBRE FORMED OF LINEAR MACROMOLECULES HAVING IN THEIR CHAIN MORE THAN 50 % BY MASS OF CHLORINATED VINYL OR CHLORINATED VINYLIDENE MONOMERIC UNITS " .  28 NYLON :  THE NAME SHALL READ " POLYAMIDE " OR " NYLON " .  32 POLYCARBAMIDE :  THE FIBRE DESCRIPTION IS REPLACED BY THE FOLLOWING :  " FIBRE FORMED OF LINEAR MACROMOLECULES HAVING IN THE CHAIN THE RECURRING UREYLENE ( NH - CO - NH ) FUNCTIONAL GROUP " .  37 ELASTANE :  IN THE DUTCH TEXT THE NAME IS AMENDED TO READ " ELASTAAN " ;  ( B ) FOOTNOTE ( 1 ) SHALL READ AS FOLLOWS :  " ( 1 ) THE NAME " WOOL " IN ITEM 1 OF THIS ANNEX MAY ALSO BE USED TO INDICATE A MIXTURE OF FIBRES FROM SHEEP'S OR LAMBS' FLEECES AND THE HAIRS LISTED IN THE THIRD COLUMN OF ITEM 2 .  THIS PROVISION IS APPLICABLE TO THE TEXTILE PRODUCTS LISTED IN ARTICLES 4 AND 5 AND TO THOSE REFERRED TO IN ARTICLE 6 , PROVIDED THAT THE LATTER ARE PARTLY COMPOSED OF THE FIBRES LISTED IN ITEMS 1 AND 2 . "  ( C ) THE FOOTNOTE REFERENCE AND FOOTNOTE ( 2 ) ARE DELETED .  THE FOOTNOTE REFERENCE AND FOOTNOTE ( 3 ) IN CERTAIN LANGUAGE VERSIONS ARE AMENDED TO READ " ( 2 ) " .  11 . ANNEX II IS AMENDED AS FOLLOWS :  ( A ) THE TITLE SHALL READ :  " AGREED ALLOWANCES USED TO . . . "  ( B ) THE FOLLOWING ITEMS ARE AMENDED AS FOLLOWS :  14 : IS DELETED ;  28 : THE WORDS " POLYAMIDE ( 6-6 ) " , " POLYAMIDE 6 " AND " POLYAMIDE 11 " ARE FOLLOWED BY THE WORDS " OR NYLON " IN ALL CASES ;  29 : THE PERCENTAGE FOR POLYESTER FILAMENT IS SET AT " 1,50 " INSTEAD OF " 3,00 " ;  37 : IN THE SECOND COLUMN OF THE DUTCH TEXT , THE NAME OF THE FIBRE IS AMENDED TO READ " ELASTAAN " .  12 . ANNEX III IS AMENDED AS FOLLOWS :  ( A ) THE FOLLOWING ITEMS ARE AMENDED AS FOLLOWS :  3 : SHALL READ IN GERMAN " ETIKETTEN UND ABZEICHEN " AND IN ITALIAN " ETICHETTE E CONTRASSEGNI " ;  12 : SHALL READ " TEXTILE PRODUCTS FOR BASE AND UNDERLYING FABRICS AND STIFFENINGS " ;  16 : IS DELETED ;  21 : SHALL READ " HAND-EMBROIDERED TAPESTRIES , FINISHED OR UNFINISHED , AND MATERIALS FOR THEIR PRODUCTION , INCLUDING EMBROIDERY YARNS , SOLD SEPARATELY FROM THE CANVAS AND SPECIALLY PRESENTED FOR USE IN SUCH TAPESTRIES " ;  22 : SHALL READ IN DUTCH " KNOPEN EN GESPEN MET STOF BEKLEED " AND IN GERMAN " MIT TEXTILIEN UEBERZOGENE KNOEPFE UND SCHNALLEN " .  ( B ) THE FOLLOWING ITEMS ARE ADDED :  " 36 : FUNERAL ITEMS .  37 : DISPOSABLE ARTICLES , WITH THE EXCEPTION OF WADDING .  FOR THE PURPOSES OF THIS DIRECTIVE , TEXTILE ARTICLES DESIGNED TO BE USED ONCE ONLY OR FOR A LIMITED TIME , AND THE NORMAL USE OF WHICH PRECLUDES ANY RESTORING FOR SUBSEQUENT USE FOR THE SAME OR A SIMILAR PURPOSE , ARE TO BE REGARDED AS DISPOSABLE .  38 : TEXTILE ARTICLES SUBJECT TO THE RULES OF THE EUROPEAN PHARMACOPOEIA AND COVERED BY A REFERENCE TO THOSE RULES , NON-DISPOSABLE BANDAGES FOR MEDICAL AND ORTHOPAEDIC USE AND ORTHOPAEDIC TEXTILE ARTICLES IN GENERAL .  39 : TEXTILE ARTICLES INCLUDING CORDAGE , ROPES AND STRING , SUBJECT TO ITEM 12 OF ANNEX IV , NORMALLY INTENDED :  ( A ) FOR USE AS EQUIPMENT COMPONENTS IN THE MANUFACTURE AND PROCESSING OF GOODS ;  ( B ) FOR INCORPORATION IN MACHINES , INSTALLATIONS ( E . G . FOR HEATING , AIR CONDITIONING OR LIGHTING ) , DOMESTIC AND OTHER APPLIANCES , VEHICLES AND OTHER MEANS OF TRANSPORT , OR FOR THEIR OPERATION , MAINTENANCE OR EQUIPMENT , OTHER THAN TARPAULIN COVERS AND TEXTILE MOTOR VEHICLE ACCESSORIES SOLD SEPARATELY FROM THE VEHICLE .  40 : TEXTILE ARTICLES FOR PROTECTION AND SAFETY PURPOSES SUCH AS SAFETY BELTS , PARACHUTES , LIFEJACKETS , EMERGENCY CHUTES , FIRE-FIGHTING DEVICES , BULLETPROOF WAISTCOATS AND SPECIAL PROTECTIVE GARMENTS ( E . G . PROTECTION AGAINST FIRE , CHEMICAL SUBSTANCES OR OTHER SAFETY HAZARDS ) .  41 : AIR-SUPPORTED STRUCTURES ( E . G . SPORTS HALLS , EXHIBITION STANDS OR STORAGE FACILITIES ) , PROVIDED THAT PARTICULARS OF THE PERFORMANCES AND TECHNICAL SPECIFICATIONS OF THESE ARTICLES ARE SUPPLIED .  42 : SAILS .  43 : ANIMAL CLOTHING .  44 : FLAGS AND BANNERS . "  13 . ANNEX IV IS AMENDED AS FOLLOWS :  ( A ) THE TITLE SHALL READ :  " PRODUCTS FOR WHICH ONLY INCLUSIVE LABELLING OR MARKING IS OBLIGATORY ( ARTICLE 10 , FIRST PARAGRAPH , POINT ( B ) ) " ;  ( B ) ITEM 12 SHALL READ : " PACKING STRING AND AGRICULTURAL TWINE ; STRING , CORDAGE AND ROPES OTHER THAN THOSE FALLING WITHIN ITEM 39 OF ANNEX III ( 1 ) " ;  ( C ) THE FOLLOWING ITEMS ARE ADDED :  " 15 : BUN NETS AND HAIR NETS .  16 : TIES AND BOW TIES FOR CHILDREN .  17 : BIBS ; WASHGLOVES AND FACE FLANNELS .  18 : SEWING , MENDING AND EMBROIDERY YARNS PRESENTED FOR RETAIL SALE IN SMALL QUANTITIES WITH A NET WEIGHT OF 1 GRAM OR LESS .  19 : TAPE FOR CURTAINS AND BLINDS AND SHUTTERS . "  ( D ) A FOOTNOTE ( 1 ) IS ADDED READING :  " ( 1 ) FOR THE PRODUCTS FALLING WITHIN THIS ITEM AND SOLD IN CUT LENGTHS , THE INCLUSIVE LABELLING SHALL BE THAT OF THE REEL . THE CORDAGE AND ROPES FALLING WITHIN THIS ITEM INCLUDE THOSE USED IN MOUNTAINEERING AND WATER SPORTS . "  ARTICLE 2  1 . MEMBER STATES SHALL ADOPT , PUBLISH AND APPLY THE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN 24 MONTHS OF ITS NOTIFICATION . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  2 . MEMBER STATES SHALL PERMIT , UNTIL 42 MONTHS AFTER NOTIFICATION OF THIS DIRECTIVE , THE PLACING ON THE MARKET OF TEXTILE PRODUCTS WHICH ARE IN CONFORMITY WITH DIRECTIVE 71/307/EEC BUT WHICH ARE NOT YET LABELLED IN ACCORDANCE WITH THE PROVISIONS OF THIS DIRECTIVE .  3 . MEMBER STATES SHALL ENSURE THAT THE TEXTS OF THE MAIN PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE ARE COMMUNICATED TO THE COMMISSION .  ARTICLE 3  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 25 NOVEMBER 1983 .  FOR THE COUNCIL  THE PRESIDENT  G . MORAITIS


Avis juridique important

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31996L0003

Commission Directive 96/3/Euratom, ECSC, EC of 26 January 1996 granting a derogation from certain provisions of Council Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport of bulk liquid oils and fats by sea (Text with EEA relevance)

Official Journal L 021 , 27/01/1996 P. 0042 - 0046

COMMISSION DIRECTIVE 96/3/EC of 26 January 1996 granting a derogation from certain provisions of Council Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport of bulk liquid oils and fats by sea (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs (1), and in particular Article 3 (3) thereof,Whereas information shows that the application of the second subparagraph of paragraph 2 of Chapter IV of the Annex to Directive 93/43/EEC relating to the transport of bulk foodstuffs in liquid, granulate or powdered form in receptacles and/or containers/tankers reserved for the transport of foodstuffs, is not practical and imposes an unduly onerous burden on food business when applied to the transport in sea-going vessels of liquid oils and fats intended for, or likely to be used for, human consumption;Whereas, however, it is necessary to ensure that the granting of a derogation provides equivalent protection to public health, by attaching conditions to the terms of such derogation;Whereas the availability of sea-going vessels reserved for the transport of foodstuffs is insufficient to serve the continuing trade in oils and fats intended for or likely to be used for human consumption;Whereas experience acquired during the past years has shown that contamination of liquid oils and fats can be avoided where tanks used for their transport are made of readily cleansible materials or where the three previous cargoes are of such a nature that they do not leave unacceptable contamination; whereas on the other hand it should be established that tanks that have been used previously for transportation have been effectively cleaned;Whereas it is incumbent on Member States by virtue of Article 8 of Directive 93/43/EEC to carry out controls to ensure the application of this Directive;Whereas this specific derogation should be without prejudice to the general provisions of Directive 93/43/EEC;Whereas, pursuant to Article 1 (2) of Directive 93/43/EEC, this derogation should not concern foods to which more specific Community hygiene rules apply;Whereas the measures provided for in this Directive are in compliance with the opinion of the Standing Committee for Foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1 This Directive derogates from the second subparagraph of paragraph 2 of Chapter IV of the Annex to Directive 93/43/EEC and lays down equivalent conditions to ensure the protection of public health and the safety and wholesomeness of the foodstuffs concerned.Article 2 1. The bulk transport in sea-going vessels of liquid oils or fats which are to be processed, and which are intended for or likely to be used for human consumption, is permitted in tanks that are not exclusively reserved for the transport of foodstuffs, subject to the following conditions:(a) that, where the oil or fat is transported in a stainless steel tank, or tank lined with epoxy resin or technical equivalent, the immediately previous cargo transported in the tank shall have been a foodstuff, or a cargo from the list of acceptable previous cargoes set out in the Annex;(b) that, where the oil or fat is transported in a tank of materials other than those in point (a), the three previous cargoes transported in the tanks shall have been foodstuffs, or from the list of acceptable previous cargoes set out in the Annex.2. The bulk transport in sea-going vessels of liquid oils or fats which are not to be further processed, and which are intended for or likely to be used for human consumption, is permitted in tanks that are not exclusively reserved for the transport of foodstuffs, subject to the following conditions:(a) that the tank shall be of stainless steel or lined with epoxy resin or technical equivalent;(b) that the three previous cargoes transported in the tank shall have been foodstuffs.Article 3 1. The captain of the sea-going vessel transporting, in tanks, bulk liquid oils and fats intended for or likely to be used for human consumption shall keep accurate documentary evidence relating to the three previous cargoes carried in the tanks concerned, and the effectiveness of the cleaning process applied between these cargoes.2. Where the cargo has been trans-shipped, in addition to the documentary evidence required in paragraph 1, the captain of the receiving vessel shall keep accurate documentary evidence that the transport of the bulk liquid oil or fat complied with the provisions in Article 2 during previous shipment and of the effectiveness of the cleaning process used between these cargoes on the other vessel.3. Upon request, the captain of the vessel shall provide the competent official control authorities with the documentary evidence described in paragraphs 1 and 2.Article 4 This Directive shall be reviewed where one or more Member States, or the Commission, consider that amendments are necessary in order to take account of scientific or technical developments. In any case the Annex shall be reviewed within one year of the entry into force of this Directive.Article 5 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 12 February 1996. They shall immediately inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.Article 6 This Directive shall enter into force on the day following its publication in the Official Journal of the European Communities.Article 7 This Directive is addressed to the Member States.Done at Brussels, 26 January 1996.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 175, 19. 7. 1993, p. 1.ANNEX List of acceptable previous cargoes >TABLE>


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32001L0006

Commission Directive 2001/6/EC of 29 January 2001 adapting for the third time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (Text with EEA relevance)

Official Journal L 030 , 01/02/2001 P. 0042 - 0042

Commission Directive 2001/6/ECof 29 January 2001adapting for the third time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(1), as last amended by European Parliament and Council Directive 2000/62/EC(2), and in particular Article 8 thereof,Whereas:(1) The Annex to Directive 96/49/EC contains the Regulations concerning the international carriage of dangerous goods by rail, usually known as "the RID", as applicable from 1 July 1999.(2) The RID is updated every two years and therefore an amended version will be in force as from 1 July 2001 with a transitory period until 31 December 2002, except of dangerous goods of class 7 (radioactive material), for which the transitory period will end on 31 December 2001.(3) It is therefore necessary to amend the Annex to Directive 96/49/EC.(4) The measures provided for in this Directive are in accordance with the opinion of the Committee on the transport of dangerous goods provided by Article 9 of Directive 96/49/EC,HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 96/49/EC is replaced by the following: "ANNEXRegulations concerning the international carriage of dangerous goods by rail (RID), appearing as Annex I to Appendix B to COTIF, as applicable with effect from 1 July 2001, on the understanding that "Contracting Party" and "the States or the railways" will be replaced by "Member State"NB:The consolidated text of the 2001 version of the RID will be published as soon as the text is available in all the official languages of the Community."Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive concerning dangerous goods of class 7 by 31 December 2001 and concerning dangerous goods of other classes by 31 December 2002 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 29 January 2001.For the CommissionLoyola De PalacioVice-President(1) OJ L 235, 17.9.1996, p. 25.(2) OJ L 279, 1.11.2000, p. 44.


title: Directive 2005/59/EC of the European Parliament and of the Council of  26 October 2005  amending for the 28th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (toluene and trichlorobenzene)   (Text with EEA relevance)

text:
               25.11.2005

               EN

               Official Journal of the European Union

               L 309/13

      DIRECTIVE 2005/59/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 26 October 2005
   amending for the 28th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (toluene and trichlorobenzene)
   (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 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               The risks presented to man and the environment by toluene and trichlorobenzene (TCB) have been assessed under Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (3). The risk evaluation identified a need to limit those risks, and the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) confirmed that conclusion.

               (2)

               Commission Recommendation 2004/394/EC of 29 April 2004 on the results of the risk evaluation and the risk reduction strategies for the substances: acetonitrile; acrylamide; acrylonitrile; acrylic acid; butadiene; hydrogen fluoride; hydrogen peroxide; methacrylic acid; methyl methacrylate; toluene; trichlorobenzene (4), adopted within the framework of Regulation (EEC) No 793/93, contains a strategy for limiting risks of toluene and TCB, recommending restrictions to limit the risks from certain uses of these substances.

               (3)

               In order to protect human health and the environment, it therefore appears necessary that the placing on the market and the use of toluene and TCB should be restricted.

               (4)

               The aim of this Directive is to introduce harmonising measures with regard to toluene and TCB, which have as their object the proper functioning of the internal market whilst ensuring a high level of protection of human health and of the environment, as required by Article 95 of the Treaty.

               (5)

               This Directive is to apply without prejudice to Community legislation laying down minimum requirements for the protection of workers, contained in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (5), and individual directives based thereon, in particular Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (14th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (6) and Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (7).

               (6)

               Directive 76/769/EEC (8) should be amended accordingly,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 76/769/EEC shall be amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before 15 December 2006. They shall forthwith inform the Commission thereof.
   They shall apply these measures from 15 June 2007.
   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 national law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted.
   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 Strasbourg, 26 October 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         D. ALEXANDER

      (1)  OJ C 120, 20.5.2005, p. 6.

      (2)  Opinion of the European Parliament of 13 April 2005 (not yet published in the Official Journal) and Council Decision of 19 September 2005.

      (3)  OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (4)  OJ L 144, 30.4.2004, p. 72. Corrected version in OJ L 199, 7.6.2004, p. 41.

      (5)  OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC) No 1882/2003.

      (6)  OJ L 131, 5.5.1998, p. 11.

      (7)  OJ L 158, 30.4.2004, p. 50. Corrected version in OJ L 229, 29.6.2004, p. 23.

      (8)  OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63).

      ANNEX
      The following points are added to Annex I of Directive 76/769/EEC:

                     ‘48.
                     Toluene
                     CAS No 108-88-3

                     May not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0,1 % by mass in adhesives and spray paints intended for sale to the general public.

                     49.
                     Trichlorobenzene
                     CAS No 120-82-1

                     May not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0,1 % by mass for all uses except

                                 —

                                 as an intermediate of synthesis, or

                                 —

                                 as a process solvent in closed chemical applications for chlorination reactions, or

                                 —

                                 in the manufacture of 1,3,5 — trinitro — 2,4,6 — triaminobenzene (TATB)’


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31973L0079

Council Directive 73/79/EEC of 9 April 1973 varying the field of application of the reduced rate of capital duty provided for in respect of certain company reconstruction operations by Article 7 (1) (b) of the Directive concerning indirect taxes on the raising of capital

Official Journal L 103 , 18/04/1973 P. 0013 - 0014 Greek special edition: Chapter 09 Volume 1 P. 0038  Spanish special edition: Chapter 09 Volume 1 P. 0042  Portuguese special edition Chapter 09 Volume 1 P. 0042

COUNCIL DIRECTIVE  of 9 April 1973  varying the field of application of the reduced rate of capital duty provided for in respect of certain company reconstruction operations by Article 7 (1) (b) of the Directive concerning indirect taxes on the raising of capital  (73/79/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament;  Having regard to the Opinion of the Economic and Social Committee;  Whereas Article 7 (1) (b) of the Council Directive of 17 July 1969 (1) concerning indirect taxes on the raising of capital provides for the application of a reduced rate of capital duty to certain company reconstruction operations involving the transfer of assets;  Whereas provision should be made to permit the extension of such reduced rate to transactions whereby a company which is in the process of being formed or is already in existence acquires, in exchange for its own shares, a proportion of the shares in another company such that it obtains complete control of such other company ; whereas such transactions should be regarded in the same light, from the economic point of view, as the reconstruction operations to which Article 7 (1) (b) applies;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The following shall be inserted in Article 7 (1) of the said Directive:  "(bb) the rate of capital duty may be reduced by 50 % or more where a capital company which is in the process of being formed or which is already in existence acquires shares representing at least 75 % of the issued share capital of another capital company. Where the said percentage is reached by means of two or more transactions, the reduced rate shall apply only to the transaction whereby this percentage is reached and to subsequent transactions.  However, the amount of the duty which by virtue of this provision is not charged shall become due if the company which acquires the shares does not retain, for a period of five years from the date of the transaction qualifying for the reduced rate, at least 75 % of the share capital of that company and all the shares of the other company which it holds following that transaction, including shares acquired before the transaction and held at the time thereof. However, the reduced rate shall remain applicable if during the relevant period the shares in question are transferred in the course of a transaction qualifying for the reduced rate pursuant to the foregoing sub-subparagraph or to subparagraph (b) of this paragraph or on liquidation of the company which acquired the shares.  (1)OJ No L 249, 3.10.1969, p. 25.   This reduction shall be subject to the condition that:    - the consideration for the shares acquired shall consist exclusively of the allocation of shares in the acquiring company, although the Member States may extend application of the reduction to cases where the consideration for the shares acquired consists of the allocation of shares in the acquiring company together with a payment in cash not exceeding 10 % of the nominal value of these shares,       - both companies taking part in the transaction, the company acquiring the shares and the company whose shares are acquired, have their effective centre of management or their registered office within the territory of a Member State."          Article 2 Member States shall ensure that the texts of the main provisions of internal law which they subsequently adopt in the field covered by this Directive are forwarded to the Commission.   Article 3 This Directive is addressed to the Member States.     Done at Luxembourg, 9 April 1973.  For the Council  The President  A. LAVENS


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31973L0438

Council Directive 73/438/EEC of 11 December 1973 amending the Directives of 14 June 1966 on the marketing of beet seed, fodder plant seed, cereal seed and seed potatoes; the Directive of 30 June 1969 on the marketing of seed of oil and fibre plants; and the Directives of 29 September 1970 on the marketing of vegetable seed and the common catalogue of varieties of agricultural plant species

Official Journal L 356 , 27/12/1973 P. 0079 - 0082 Greek special edition: Chapter 03 Volume 10 P. 0103  Spanish special edition: Chapter 03 Volume 7 P. 0137  Portuguese special edition Chapter 03 Volume 7 P. 0137  Finnish special edition: Chapter 3 Volume 5 P. 0187  Swedish special edition: Chapter 3 Volume 5 P. 0187

COUNCIL DIRECTIVE  of 11 December 1973  amending the Directives of 14 June 1966 on the marketing of beet seed, fodder plant seed, cereal seed and seed potatoes ; the Directive of 30 June 1969 on the marketing of seed of oil and fibre plants ; and the Directives of 29 September 1970 on the marketing of vegetable seed and on the common catalogue of varieties of agricultural plant species  (73/438/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 Committee;  Whereas, for the reasons given hereafter, amendments should be made to certain provisions of the Directives listed below, which were last amended by the Directive of 6 December 1972 (2) : the Council Directives of 14 June 1966 on, respectively, the marketing of beet seed (3), the marketing of fodder plant seed (4), the marketing of cereal seed (5), the marketing of seed potatoes (6) ; the Council Directive of 30 June 1969 (7) on the marketing of seed of oil and fibre plants ; the Council Directives of 29 September 1970 on the marketing of vegetable seed (8) and on the common catalogue of varieties of agricultural plant species (9);  Whereas in the case of fodder plant seed and cereal seed provision should be made for the possibility of special marking concerning the presence of Avena fatua;  Whereas the maximum content of hard seed should be increased in the case of the species Trifolium repens ; whereas, moreover, the species Phleum Bertolinii should be brought within the field of application of the Directive concerned;  Whereas it is appropriate that to a certain extent the minimum conditions for cereal species should be reinforced ; whereas on the other hand less strict requirements for the official inspection of autogamous species should, be authorized for a transitional period;  Whereas experience of supplying flax seed makes it necessary to admit for four further years the category "Certified seed, third generation";  Whereas mixtures of standard seed of several varieties should be authorized for a transitional period in the case of certain vegetable species in small packages ; whereas it is also necessary to modify the minimum weights of samples and to introduce a transitional clause concerning the germination of vegetable seed;  Whereas an addition should be made to the Directive on the common catalogue of varieties of agricultural plant species as regards those varieties which, it has been established, cannot be grown in any part of the territory of a Member State;  Whereas certain of the abovementioned Directives provide that from 1 July 1973 the equivalent of seed and plants harvested in other countries, particularly in third countries, can no longer be established nationally by Member States ; whereas, however, since it has not been possible to carry out the Community examination in all cases, the abovementioned period should be extended in order to avoid disturbing current commercial relations;  Whereas provision should be made for the simplification of the procedure for the amendment of  (1)OJ No C 62, 31.7.1973, p. 37. (2)OJ No L 287, 26.12.1972, p. 22. (3)OJ No 125, 11.7.1966, p. 2290/66. (4)OJ No 125, 11.7.1966, p. 2298/66. (5)OJ No 125, 11.7.1966, p. 2309/66. (6)OJ No 125, 11.7.1966, p. 2320/66. (7)OJ No L 169, 10.7.1966, p. 3. (8)OJ No L 225, 12.10.1970, p. 7. (9)OJ No L 225, 12.10.1970, p. 1.   Annexes where implementing measures of a technical nature are concerned, by the application of the procedure of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry in the event of amendments being necessitated by the development of scientific or technical knowledge;  Whereas, finally, a number of drafting corrections should be made to several of the abovementioned Directives,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Directive of 14 June 1966 on the marketing of beet seed shall be amended as follows:    1. The following shall be substituted for Article 16 (2):  "Member States may themselves take decisions under paragraph 1 concerning a third country, in so far as the Council has not yet taken any decision with regard to that country within the framework of this Directive. This right shall expire on 1 July 1975."       2. The following shall be substituted for Article 21a:  "Amendments to be made to the content of the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure laid down in Article 21."          Article 2 The Directive of 14 June 1966 on the marketing of fodder plant seed shall be amended as follows:    1. In the Dutch text of Article 2, (1), point A (a) the words "gebruikst raaigras" shall be replaced by the words "gekruist raaigras".       2. In Article 2 (1) point A (a), the words:  "Phleum Bertolinii DC. Small cats-tail."  shall be added after the words:  "Lolium x hybridum Hausskn. ryegrasses." Hybrid       3. In Article 11, the following text shall be added:  "or that seed lots complying with the special conditions concerning the presence of Avena fatua laid down according to the procedure provided for in Article 21, must be accompanied by an official certificate attesting compliance with these conditions."       4. The following shall be substituted for Article 16 (2):  "Member States may themselves take decisions under paragraph 1 concerning a third country, in so far as the Council has not yet taken a decision with regard to that country within the framework of this Directive. This right shall expire on 1 July 1975."       5. The following shall be substituted for Article 21a:  "Amendments to be made to the content of the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure laid down in Article 21."       6. In Annex II, Part I, point (3), paragraph A, the figure "20" which appears in column 5 for the species Trifolium repens L. shall be replaced by the figure "40".          Article 3 The Directive of 14 June 1966 on the marketing of cereal seed shall be amended as follows:    1. In Article 2 (2) the following subparagraph shall be added:  "(d) be authorized, on request and according to the procedure laid down in Article 21, to officially certify seed of autogamous species of the categories "certified seed, first generation" or "certified seed, second generation" until 31 December 1978 at the latest:      - when, instead of the official field inspection prescribed in Annex I, a field inspection, officially controlled by spot-checks on at least 20 % of the crops of each species, is carried out;           - provided that, in addition to the basic seed, at least the two generations of pre-basic seed immediately preceding that category, have been found by an official examination carried out in Member State concerned, to satisfy the conditions laid down in Annexes I and II as to the varietal identity and varietal purity of basic seed."                   2. In Article 11 the following text shall be added:  "or that seed lots complying with the special conditions concerning the presence of Avena fatua laid down according to the procedure provided for in Article 21, shall be accompanied by an official certificate attesting compliance with these conditions."       3. The following shall be substituted for Article 16 (2):  "Member States may themselves take decisions under paragraph 1 concerning a third country, in so far as the Council has not yet taken a decision with regard to that country within the framework of this Directive. This right shall expire on 1 July 1975."       4. The following shall be substituted for the text of Article 21a:  "Amendments to be made to the content of the Annexes in the light of the development of scienific or technical knowledge shall be adopted according to the procedure laid down in Article 21."       5. In Annex II, point (3), paragraph A (a) (aa), the figure "98" which appears in column 5 for basic seed of oats, barley, wheat and spelt, shall be replaced by the figure "99".       6. In Annex II, point (3), the following subparagraph shall be added:   "D. Special conditions in respect of the maximum content of seeds of other cereal species:  Where the maximum content is fixed in subparagraph A at one seed, a second seed shall not be regarded as impurity if a second 500 g sample is free from seeds of other cereal species."         Article 4 The Directive of 14 June 1966 on the marketing of seed potatoes shall be amended as follows:    1. In Article 15 (2) "1 July 1975" shall be substituted for "1 July 1973".       2. The following shall be substituted for Article 19a:  "Amendments to be made to the content of the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure laid down in Article 19."          Article 5 The Directive of 30 June 1969 on the marketing of seed of oil and fibre plants shall be amended as follows:    1. In Article 2 (1), point A and in Annex II, part I, point (2), paragraph A, the words "Soia hispida L." shall be replaced by the words "Glycine max (L.) Merrill."       2. In Article 2 (2), subparagraph (c) "30 June 1978" shall be substituted for "30 June 1974".       3. The following shall be substituted for Article 15 (2):  "Member States may themselves take decisions under paragraph 1 concerning a third country, in so far as the Council has not yet taken a decision with regard to that country within the framework of this Directive. This right shall expire on 1 July 1975."       4. The following shall be substituted for Article 20a:  "Amendments to be made to the content of the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure laid down in Article 20."          Article 6 The Directive of 29 September 1970 on the marketing of vegetable seed shall be amended as follows:    1. In Article 11 (2), first sentence, the following words shall be deleted:      - in the German text "betreffend ihre Verwendung";           - in the French text "concernant son utilisation";           - in the Italian text "in loro possesso riguardanti la sua utilizzazione";           - in the Danish text "med henblik på dens anvendelse";           - in the English text "in respect of use".                  2. The following paragraph shall be added to Article 24:  "3. Member States may allow the marketing of mixtures of standard seed of different varieties of Lactuca sativa L. and of mixtures of standard seed of different varieties of Raphanus sativus L. in small packages not exceeding 50 g provided that the words "mixture of varieties" and the names of the varieties making up the mixture are shown on the package."       3. The following Article shall be added after Article 33:  "Article 33a  Member States may be authorized, in accordance with the procedure laid down in Article 40, to   permit the marketing of seed harvested before 1 July 1973 which does not fully satisfy the requirements for germination laid down in Annex II if such seed is specially marked. Such authorization may only be granted until 1 July 1975."       4. The following shall be substituted for Article 40a:  "Amendments to be made to the content of the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure laid down in Article 40."       5. The following shall be substituted for the text of Annex III, part 2:  "2. Minimum weight of a sample >PIC FILE= "T0004970">   In the case of F-1 hybrid varieties of the above species, the minimum weight of the sample may be decreased to a quarter of the specified weight.   However the sample must have a weight of at least 5 g and consist of at least 400 seeds."        Article 7 The Directive of 29 September 1970 on the common catalogue of varieties of agricultural plant species shall be amended as follows:    1. In Article 10 (2), first sentence of the Dutch text, the word "ervan" shall be replaced by the words "voor hun gebruik".       2. The following shall be substituted for Article 15 (3), subparagraph (c):  "where official growing trials carried out in the applicant Member States, Article 5 (4) being applied correspondingly, show that the variety does not, in any part of its territory, produce results corresponding to those obtained from a comparable variety accepted in the territory of that Member State or, where it is well known that the variety is not suitable for cultivation in any part of its territory because of its type or maturity's class."          Article 8 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply:    (a) by 1 July 1973 with Article 1, point (1), Article 2, point (4), Article 3, point (3), Article 4, point (1), and Article 5, point (3);       (b) by 1 January 1974 at the latest with Article 1, point (2), Article 2, points (3) and (5), Article 3, points (2) and (4), Article 4 point (2), Article 5, point (4) and Article, 6 point (4);       (c) by 1 July 1974 at the latest, with the other provisions of this Directive.          Article 9 This Directive is addressed to the Member States.     Done at Brussels, 11 December 1973.  For the Council  The President  Ib FREDERIKSEN


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31994L0052

Directive 94/52/EC of the European Parliament and of the Council of 7 December 1994 amending for the second time Directive 88/344/EEC on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients

Official Journal L 331 , 21/12/1994 P. 0010 - 0010 Finnish special edition: Chapter 13 Volume 27 P. 0056  Swedish special edition: Chapter 13 Volume 27 P. 0056

DIRECTIVE 94/52/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 December 1994 amending for  the second time Directive 88/344/EEC on the approximation of the laws of the Member States on  extraction solvents used in the production of foodstuffs and food ingredientsTHE  EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a  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), Whereas Directive 88/344/EEC (4), deleted from Part III of the Annex, as from 1 January 1994 the  solvent cyclohexane, used in the preparation of flavourings; Whereas, on the basis of complementary information meanwhile received, the Scientific Committee for  Food has decided to re-instate its previous temporary acceptance for this substance; whereas the  use of the solvent can therefore be continued, pending the definitive opinion of that Committee, HAVE ADOPTED THIS DIRECTIVE: Article 1 The Annex to Directive 88/344/EEC is hereby amended as follows: in Part III: The solvent cyclohexane shall be reinstated with a maximum residue limit of 1mg/kg. Article 2 1.  Member States shall amend their laws, regulations and  administrative provisions in such a way as to permit trade in products complying with this  Directive at the latest by 7 December 1995. They shall forthwith inform the Commission thereof. 2.  When Member States adopt the measures referred to in paragraph 1, they shall contain a  reference to this Directive or shall be accompanied by such reference on the occasion of their  official publication. The methods of making such a reference shall be laid down by the Member  States. Article 3 This Directive shall enter into force on the seventh day following  that of its publication in the Official Journal of the European Communities. Article 4 This Directive is addressed to the Member States. Done at Brussels, 7 December 1994. For the European Parliament The President K. HAENSCH For the Council The President G. REXRODT (1) OJ No C 15, 18. 1. 1994, p. 17. (2) OJ No C 133, 16. 5. 1994, p. 21. (3) Opinion of the European Parliament of 9 February 1994. (OJ No C 61, 28. 2. 1994, p. 101),  Council common position of 10 March 1994 (OJ No C 172, 24. 6. 1994, p. 1) and Decision of the  European Parliament of 15 September 1994 (OJ No C 276, 3. 10. 1994, p. 13). (4) OJ No L 157, 24. 6. 1988, p. 28. Directive as amended by Directive 92/115/EEC,  (OJ No L 409,  31. 12. 1992, p. 31).