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31979H0003

79/3/EEC: Council Recommendation of 19 December 1978 to the Member States regarding methods of evaluating the cost of pollution control to industry

Official Journal L 005 , 09/01/1979 P. 0028 - 0030 Greek special edition: Chapter 05 Volume 3 P. 0163  Spanish special edition: Chapter 15 Volume 2 P. 0121  Portuguese special edition Chapter 15 Volume 2 P. 0121

COUNCIL RECOMMENDATION  of 19 December 1978  to the Member States regarding methods of evaluating the cost of pollution control to industry  (79/3/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the draft recommendation submitted by 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 in the Programme of Action of the European Communities on the Environment adopted on 22 November 1973 (4), it is noted inter alia that if the Member States were to differ in their estimates as to the cost of anti-pollution measures, particularly if these estimates were not based on comparable legislative measures and a uniform definition of costs, the possible consequences of this for policies at the national level would severely hamper the implementation of a common policy;  Whereas the cost evaluation is intended to determine the size of the burden to be borne by the economy as a whole or by individual sectors of industry where specific measures are taken by the authorities to protect the environment, to provide data on the most cost-effective ways of reducing pollution and, under certain conditions, to help to determine quality objectives and/or emission standards;  Whereas the evaluation of the costs of existing pollution control plants not only provides information on the costs of measures already taken but can also be used to facilitate the forecasting of the costs of future measures;  Whereas it is of great advantage to both national and local authorities and for decision-making at Community level, to have access to comparable data on the costs of existing pollution control plants in industry from various Member States;  Whereas for this purpose it would be beneficial for the Member States to use as similar methods of evaluation as possible by adopting a common set of principles for the future studies of pollution control costs in industry;  Recommends, that for the evaluation of the cost of pollution control in industry, the Member States use the principles, definitions and methods contained in the Annex and that whenever possible they communicate to the Commission the results of all the studies carried out in this field.  Done at Brussels, 19 December 1978.  For the Council  The President  G. BAUM  (1)OJ No C 10, 12.1.1978, p. 6. (2)OJ No C 131, 5.6.1978, p. 82. (3)OJ No C 283, 27.11.1978, p. 25. (4)OJ No C 112, 20.12.1973, p. 3.   ANNEX PRINCIPLES, DEFINITIONS AND METHODS     1. The pollution control costs to be evaluated in the industries concerned should relate to measures based on environmental considerations contributing to the prevention, elimination or reduction of pollution of the following kind:      (a) water pollution;           (b) air pollution;           (c) noise or vibrations;           (d) solid or liquid waste.                  2.      (a) The actual collection of cost data should be preceded by technical surveys of the industry concerned in those sectors where a survey seems desirable. This will be appropriate primarily where the sector concerned consists of a large number of firms and a relatively small number of different production processes. This descriptive phase should identify the different production technologies used in the industry, their environmentally harmful by-products, and the primary and secondary pollution control processes (including changes in the production process) used to reduce these. Other factors of the processes which are likely to give rise in practice to considerable differences in cost for otherwise similar pollution control processes should also be identified. Such factors may include, for example, the age of the plant or the characteristics of the raw materials it uses. In such a case the same process operated by equipment of different ages or using different raw materials should be treated as several separate processes for the collection of cost data.           (b) Such a survey would result in a catalogue of different technical pollution control measures. For each of these measures, in so far as these are considered relevant by the competent authorities for the pollution under consideration, the cost data should then be collected.           (c) For each measure in the final catalogue the survey should determine the probable lifetimes of the plant and equipment concerned. It should also determine the frequency of use and relative importance of each pollution control process within the industry.                 3. As regards measures taken only partially for environmental reasons, an absolute amount attributable to pollution control should be determined as precisely as possible and the criteria used for its derivation stated. The amount should be expressed as a proportion of the total cost of the measures concerned (pollution control relevancy factor).       4.      (a) Cost data concerning the cost of pollution control measures should be collected in such a way that an evaluation of each of the following cost categories is available separately for each pollution control technique identified in the technical survey (1):  Investment costs (new or replacement to be shown separately):        (i) expenditure on the construction or acquisition of plant and equipment;               (ii) expenditure on the construction or acquisition of buildings;               (iii) expenditure on the acquisition of land and/or the market value of land already owned;               (iv) expenditure on improvements;               (v) expenditure on loss of output during transition.  (1)Reference is made to the definitions in the European System of National Accounts (ESA), as published by the Office for Official Publications of the European Communities in 1970.   Running costs:          (vi) expenditure on labour;                   (vii) expenditure on energy;                   (viii) expenditure on materials other than energy;     (ix)  expenditure on services;    (x) expenditure on rents;   (xi) expenditure on repairs.                               (b) If detailed figures are not available in industry for each of these cost categories, they should be estimated.           (c) The abovementioned data should not include value-added tax for those categories on which it is payable and should be calculated as gross costs, without making deduction for any subsidies. The years to which categories (i) to (v) refer should be identified, whereas categories (vi) to (xi) should refer to costs incurred in the preceding financial year.                 5. The above cost data should be accompanied by the following information inter alia:      (a) the market value of any materials recovered or saved as a result of the operation of the pollution control plant in question, irrespective of whether such materials are sold or used internally, and, where appropriate, a financial assessment of other factors entailing a reduction in costs;           (b) the exact levels of the values of emissions by the relevant production plant in a specified time-period both before and after introduction of the pollution control measure to which the costs refer and, where possible, the impact of the measure on the quality of the environment;           (c) the annual production capacity and the annual production volume of the production process to which the pollution control costs refer.                  6. The following information should also be obtained:      (a) the amount of any pollution taxes or levies paid by a firm in addition to, or instead of, pollution control measures, both before and after installation of the pollution control plant in question (1);           (b) the nature and amount of any financial aid, whether in the form of subsidies, tax concessions or preferential loans received by industry in respect of the pollution control installations concerned.                  7. Any data other than the above which it is deemed desirable to collect should be expressed as separate figures, without being incorporated into any of the categories defined above.  Confidentiality      8.      (a) Information acquired as a result of the application of this recommendation may be used only for the purposes of this recommendation.           (b) The Commission and the competent authorities of the Member States, their officials and other servants shall not disclose information acquired by them pursuant to this recommendation and of a kind covered by the obligation of professional secrecy.           (c) Subparagraphs (a) and (b) shall not prevent publication of general information or surveys which do not contain information relating to particular undertakings or associations of undertakings.  (1)Reference is made to the definitions in the European System of National Accounts (ESA), as published by the Office for Official Publications of the European Communities in 1970.


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31970H0125

70/125/EEC: Commission Recommendation of 22 December 1969 to the French Republic on the adjustment of the State monopoly of a commercial character in alcohol (Only the French text is authentic)

Official Journal L 031 , 09/02/1970 P. 0017 - 0019 Danish special edition: Series II Volume VI P. 0028  English special edition: Series II Volume VI P. 0027

COMMISSION RECOMMENDATION of 22 December 1969 to the French Republic on the adjustment of the State monopoly of a commercial character in alcohol (Only the French text is authentic) (70/125/EEC) I    1. The Government of the French Republic, by letter of 14 February 1959, informed the Commission of the European Economic Community that ethyl alcohol, spirits and spirituous beverages are in France subject to a State monopoly of a commercial character within the meaning of Article 37 of the EEC Treaty.  In pursuance of Council Regulation No 7a (1) of 18 December 1959, ethyl alcohol derived from agricultural products, excluding spirits and spirituous beverages, was added to Annex II to the EEC Treaty. Articles 38 et seq of the Treaty are therefore applicable to ethyl alcohol derived from agricultural products.  Under Article 37 (1) of the EEC Treaty Member States are required progressively to adjust State monopolies of a commercial character so as to ensure that, when the transitional period has ended, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.       2. In France a special prior authorization for the importation of spirits and spirituous beverages from other Member States is no longer required. Imported products are, however, subject to an import surcharge which is higher than the excise duty applied to corresponding domestic products.  For that reason the Commission of the European Economic Community recommended the French Republic on 26 November 1963, in accordance with Article 37 (6) of the EEC Treaty, to amend the taxation on alcohol before the end of the second stage so that:  the compensatory surcharge on imports is applied to spirits and spirituous beverages from other Member States only where a duty is applied to the corresponding domestic product:  the compensatory surcharge does not exceed the duty on the corresponding domestic product.  By letter of 5 August 1964, the French Government did not deny that the taxation of domestic products and imported products differed ; it pointed out however that the tax provisions in force cannot be considered apart from the general economic provisions relating to alcohol in France which taken together constitute an organization of the domestic market aimed at ensuring a balance not only of resources and requirements for alcohol but also from a financial point of view. Accordingly the French Government considers that:      - with regard to ethyl alcohol in the strict sense, it is necessary to take measures to restrict imports:           - with regard to spirits and spirituous beverages:  - it is necessary to apply a duty on the domestic market to discourage the use of "free" alcohol for purposes normally served by alcohol which the State is obliged to acquire and market under the policy of rationalization of production and agricultural markets. This duty is in the nature of a payment in return for the use of such "free" alcohol, seeing that certain producers are obliged to deliver their alcohol to the monopoly and that all users are normally obliged to obtain their supplies from the monopoly;           - in the case of imports it is necessary to levy a surcharge on spirits, liqueurs, wine-based aperitifs, gins and whiskies which are imported in derogation from the prohibition on importation by private individuals. This aims at protecting the use of home-produced spirits, having regard to the obligations imposed by regulations concerning the quality of products and the conditions under which producers are required to surrender to the monopoly products which do not satisfy the criteria laid down.              Moreover, as regards advertising, Law No 57-725 of 27 June 1957 and Orders No 59-107 of 7 January 1959 and No 60-1253 of 29 November 1960 make a distinction between wine-based aperitifs, rum, tafia and alcohol derived from the distillation of wine, cider, perry or fruit, as well as liqueurs, on the one hand, and other spirits and spirituous beverages, for example geneva, korn or grappa, on the other. The advertising of products in the second group is prohibited in any form ; this prohibition  (1)OJ No 7, 30.1.1961, p. 71/61.   being in particular prejudicial to certain products traditionally considered as products of the other Member States.  Because of the existence in France of a national market organization for ethyl alcohol derived from agricultural products and in view of the interdependence of alcohol of that kind and ethyl alcohol not derived from agricultural products, the Commission has until now refrained from recommending France to take measures of adjustment with regard to the latter product.       3. The Commission considers that, since the end of the transitional period is approaching, measures should now be adopted to ensure that, as laid down in Article 37 of the EEC Treaty, no discrimination in the conditions under which goods are procured and marketed exists between nationals of Member States.  Article 37, which comes under the Title relating to the free movement of goods and, more particularly, under the Chapter concerning the elimination of quantitative restrictions between Member States, aims at achieving by the end of the transitional period in respect of products subject to a State monopoly of a commercial character (or a like system) the same result as that achieved for other products by the application of Articles 30 to 34, that is to say the free movement of goods.  However, a different procedure was provided in order to achieve that result in the sectors covered by State monopolies. Their progressive adjustment was provided for partly in order to take account of the fact that in the view of the Member States concerned the products subject to a monopoly presented special problems and partly so that the elimination of quantitative restrictions and of measures having an equivalent effect in those sectors should not be without practical result. There were indeed grounds for fearing that the liberalization of trade in respect of the products subject to a monopoly would not take place if the monopolies, by virtue of their exclusive right to import, export and market certain products, were to remain free to decide to what extent and under what conditions products from other Member States could be allowed on the domestic market (or, conversely, to what extent domestic products could be exported to other Member States).  It is for that reason that Article 37 contains the provision designed "to ensure that when the transitional period has ended no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States".  It should be stressed that the ending of discrimination resulting directly from the provisions applicable to products subject to a monopoly is not the only requirement laid down in Article 37 ; that objective could be attained. in the absence of an Article governing State monopolies, by means of other provisions of the EEC Treaty, in particular those prohibiting charges having an equivalent effect to customs duties and measures having an equivalent effect to quantitative restrictions. It follows from what has been said above in relation to the special characteristics of State monopolies and of the restriction to which they may give rise that the objective of the "adjustment", i.e. of ensuring that "no discrimination exists", is to eliminate the possibility that the particular powers vested in the monopolies in respect of the importing and domestic marketing, or the exporting, of certain products might at the end of the transitional period still give rise to discrimination.  Since these are the objectives laid down in Article 37, it is incumbent upon France to adjust the alcohol monopoly before the end of the transitional period in order that the objectives may be attained. On the other hand, it is for the Commission, in addition to to its general duty to see that the Treaty is implemented, to make recommendations in accordance with Article 37 (6) as to the manner in which the adjustment provided for in that Article shall be carried out.  The Commission considers that the objective of Article 37 will not be attained so long as the French alcohol monopoly is in a position to limit imports of spirits and spirituous beverages by means of an import surcharge on products from other Members States which is higher than that on corresponding French products and, as regards ethyl alcohol not derived from agricultural products, to decide whether, to what extent, and in respect of what quantities the requirements of the French market may be covered by the products of suppliers in other Member States. It therefore seems to the Commission that, apart from the abolition of the abovementioned tax discrimination, the best solution for attaining the objective laid down in Article 37, because there is no doubt that it will be effective, is to abolish the exclusive rights which the monopoly still has in particular in importing and marketing, in so far as those rights concern trade between Member States.       4. The Commission considers, however, that a derogation from the provisions of Article 37 (1) of the EEC Treaty may be justified under paragraph 4 of that Article whereby, if a State monopoly of a commercial character has rules which are designed to make it easier to dispose of agricultural products or obtain for them the best return, steps should be taken in applying the rules contained in Article 37 to ensure equivalent safeguards for the employment and standard of living of the producers concerned, account being taken of the adjustments that will be possible and the specialization that will be needed with the passage of time.  The French alcohol monopoly does in fact constitute a national market organization which taken as a whole comes within the scope of Article 37 (4) of the EEC Treaty. In order to protect the market for ethyl alcohol derived from agricultural products, the competitiveness of spirits and spirituous beverages is controlled by means of duties, and the production, use, sale and importation of ethyl alcohol not derived from agricultural products are regulated.   Moreover, having regard to the interdependence of ethyl alcohol derived from agricultural products and ethyl alcohol not so derived, to the fact that certain spirits may be substituted for ethyl alcohol and that the French alcohol monopoly is still under the obligation - wherein lies its agricultural function - to purchase ethyl alcohol and to market it in such a way as to ensure for producers a certain standard of living, the Commission considers it impossible to dissociate the definitive adjustment of the monopoly from the establishment of the common organization envisaged for ethyl alcohol derived from agricultural products. The Commission considers that fully to open the French market to the products of other Member States might adversely affect both the marketing of French ethyl alcohol derived from agricultural products and also, in consequence, the employment and standard of living of producers of the agricultural raw materials used in its manufacture.   II  On these grounds the Commission of the European Communities recommends the French Republic to take the following measures, in accordance with Article 37 of the EEC Treaty:      1. As regards spirits and spirituous beverages:        (a)           - it should take the measures recommended by the Commission on 26 November 1963, as referred to above;                   - it should allow suppliers from other Member States to engage in advertising under the same conditions as apply to advertising for French products, and should end the discrimination against certain spirits and spirituous beverages traditionally considered as products of other Member States;                                 (b) however, until the entry into force of a regulation establishing a common organization of the market in ethyl alcohol derived from agricultural products and in so far as spirits and spirituous beverages from other Member States are prejudicial to the marketing of French ethyl alcohol derived from agricultural products, the Commission notes that under Article 37 (4) of the EEC Treaty the French Republic may maintain or take the following measures:          - levy a special charge on spirituous beverages imported from another Member State provided that the selling price of ethyl alcohol intended for the manufacture in France of spirituous beverages is higher than the lowest price at which producers of spirituous beverages in the exporting Member State may obtain ethyl alcohol whether on their own market or on the market of another Member State. The amount of the charge may in no circumstances exceed the difference between those prices. Where the spirituous beverage has come from a Member State other than the exporting Member State, it may be treated as if it had been imported directly from the Member State whence it comes;                   - lay down rules as to the designations "spirits", "spirituous beverages" and "concentrated extracts", which are not discriminatory in regard to intra Community trade, and at the same time establish a distinction between the concept of "spirits" and that of "ethyl alcohol derived from agricultural products".                                             2. With regard to ethyl alcohol not derived from agricultural products:        (a)          - it should allow nationals of all Member States freely and directly to import from other Member States ethyl alcohol not derived from agricultural products:                   - it should allow suppliers from all Member States to set up their own distribution network in France, to hold stocks there and to fix their selling price freely;                   - it should allow suppliers from all Member States to supply French consumers freely and directly;                   - it should allow direct exports to the other Member States without restriction;                                 (b) however, until the entry into force of regulations establishing a common organization of the market in ethyl alcohol from agricultural products and to the extent that ethyl alcohol not so derived coming from other Member States is prejudicial to the marketing of French ethyl alcohol derived from agricultural products, the Commission notes that under Article 37 (4) of the EEC Treaty the French Republic may maintain or take the following measures:          - determine the use of ethyl alcohol not derived from agricultural products while allowing French consumers to choose freely between domestic products and those from other Member States;                   - introduce rules applicable to ethyl alcohol not derived from agricultural products, whether manufactured in France or coming from other Member States, to ensure that such alcohol is not substituted for French alcohol derived from agricultural products manufactured within the quotas and allocated in accordance with the regulations in force.                         Done at Brussels, 22 December 1969.  For the Commission  The President  Jean REY


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31998H0133

98/133/EC: Commission Recommendation of 2 February 1998 concerning a coordinated programme for the official control of foodstuffs for 1998

Official Journal L 036 , 10/02/1998 P. 0010 - 0013

COMMISSION RECOMMENDATION of 2 February 1998 concerning a coordinated programme for the official control of foodstuffs for 1998 (98/133/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (1), and in particular Article 14(3) thereof,After consultation with the Standing Committee for Foodstuffs,Whereas it is necessary, with a view to the sound operation of the internal market, to arrange for coordinated food inspection programmes at Community level;Whereas such programmes place emphasis on compliance with Community legislation, the protection of public health, consumer interests and fair trade practices;Whereas simultaneous implementation of national programmes and coordinated programmes can provide information and experience on which to base future control activities;Whereas experience has shown that imports of nuts from third countries containing aflatoxins present a health risk;Whereas ground-nuts and pistachios appeared to be more susceptible than other nuts for aflatoxin contamination;Whereas Article 2 of Council Regulation (EEC) No 315/93 laying down Community procedures for contaminants in food (2), prohibits all selling of foodstuffs with excessive amounts of contaminants from the public health viewpoint and in particular at a toxicological level;Whereas a simultaneous and equivalent implementation of import control is necessary;Whereas Article 2 of Council Regulation (EEC) No 339/93 on checks for conformity with the rules on product safety in the case products are imported from third countries (3), stipulates that when, in the context of checks which the customs carry out in respect of goods declared for free circulation, the custom authorities find products that may cause harm to European consumers, they shall suspend release of the product or batch of products concerned and immediately notify the national authority responsible for monitoring the market;Whereas it is necessary to know how effective the cooperation between the customs and enforcement organisations works;Whereas pursuant to Article 6 of Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs (4), an official liaison body has been designated in each Member State;Whereas it is important to inform Member States as quickly as possible about infringements detected in the coordinated programme relating to excessive amounts of aflatoxins,HEREBY RECOMMENDS:During 1998, Member States should analyse ground-nuts and pistachio-nuts for aflatoxins. Samples should be taken at the place of entry or at an importer premises where the ground-nuts and pistachios are declared to be released for free circulation in the Community.The aim of this coordinated programme is to experience a new systematic enforcement procedure on the import control for products imported from third countries and to survey the enforcement actions taken by Member States when contaminated products are imported.1. Aflatoxins in ground-nuts and pistachiosAflatoxins are a group of toxic compounds produced predominantly by two species of mould, Aspergillus flavus and Aspergillus parasiticus, although they are also produced by the rare species A. nominus. The aflatoxins are a group of structurally related difuranocoumarin derivatives of which about 20 types have been identified. Aflatoxins B1, B2, G1, G2 and M1 are the most common. In ground-nuts and other nuts, aflatoxin B1 is usually the principal aflatoxin present. Aflatoxins have been found in a wide variety of foodstuffs among the world and particularly in countries where climate or poor storage conditions favour the growth of moulds.Imported ground-nuts and pistachios may contain aflatoxins in excessive amounts owing to different processing and storage conditions. Most Member States have specific regulations for the aflatoxin content of this kind of product.2. Although sampling rates have not been set, Member States should ensure that the number of samples taken is sufficient to provide an overview of the subject under consideration in each Member State. Suggestions will be made for the methods of sampling and analysis.3. Member States should provide information of infringements immediately to the liaison body and to the Commission according to the format in the Annex I to inform the official control authorities in other Member States.4. Member States should provide the information as requested following the format of the record sheet provided in the Annex II to help enhance the comparability of results.Done at Brussels, 2 February 1998.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 186, 30. 6. 1989, p. 23.(2) OJ L 37, 13. 2. 1993, p. 1.(3) OJ L 40, 17. 2. 1993, p. 1.(4) OJ L 290, 24. 11. 1993, p. 14.ANNEX I >START OF GRAPHIC>COORDINATED PROGRAMME 1998AFLATOXINS IN NUTS (GROUND-NUTS AND PISTACHIOS)IMMEDIATE NOTIFICATION THROUGH THE LIAISON BODIES(Article 6 of Directive 93/99/EEC) AND TO THE COMMISSION (Telefax: (32-2) 296 47 36)Date of notification:Member State:Country of origin:Person to contact:Identification of:- lots/consignments- container- type of transportDescription of the product:- CN (Combined Nomenclature)- weightResults of analyses:Measures taken:Complementary information:>END OF GRAPHIC>ANNEX II >START OF GRAPHIC>TABLE: AFLATOXINS IN GROUND-NUTS/PISTACHIOS (1)>END OF GRAPHIC>


European Parliament recommendation to the Council of 21 June 2007 concerning the progress of the negotiations on the framework decision on action to combat racism and xenophobia (2007/2067(INI))


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31976H0772

76/772/EEC: Commission Recommendation of 20 September 1976 addressed to the Member States concerning the tights and stockings subsector of the textile industry

Official Journal L 265 , 29/09/1976 P. 0029 - 0030

COMMISSION RECOMMENDATION of 20 September 1976 addressed to Member States concerning the tights and stockings subsector of the textile industry (76/772/EEC) I     1. The Commission of the European Communities has been made aware of disturbances existing in the tights and stockings subsector of the Community's textile industry, in particular by governmental notes and representations by trade federations.       2. The tights and stockings sector employed about 50 000 people in 1975, compared with 78 000 in 1971. Recent modernization of plant has resulted in a considerable increase in productivity, which has created overcapacity, estimated in 1975 at 45 % for the entire Community.  Consumption of tights and stockings, which has risen sharply up to 1969, remained stable between 1970 and 1975. Unit costs have fallen sharply as a result of the progressive simplification of the product, the increased productivity of machinery and the fall in its unit value.  In addition, access to the machinery market has become progressively easier as a result of the very extensive financial facilities available for the purchase of new machinery.  As a result, despite a continuous fall in prices, production and production capacity have continued to increase.       3. The Community industry in this subsector is characterized, on the one hand, by the existence of major manufacturing groups with a developed industrial structure, and on the other hand, by the appearance in recent years of numerous small-scale firms concentrated in specific zones of the Community. The activity of these small undertakings, which is constantly growing, now represents a substantial production capacity (15 % of Community production, of which 90 % is exported). Their output is distributed at prices prejudicial to the survival of other Community firms. In particular, the absence of a market structure has enabled certain traders to set these small firms in increasingly fierce competition with one another, with a view to obtaining ever lower prices.  A further disturbing element must be noted, namely the existence of an outward processing traffic, a practice which enables firms in certain Member States to get their products manufactured in non-member countries with labour costs lower than the Community average.       4. In the light of the abovementioned considerations, it seems that unless appropriate remedial steps are taken, an excess of supply at extremely low prices will continue to exist, resulting in new disturbances likely to lead to factory closures.  The Commission has noted with interest that, following a report prepared under its auspices, initial independent action has already been undertaken in the small-scale production centre of Castelgoffredo (Lombardy), with the creation of an Association of Tight and Stocking Manufacturers. One of the priority objectives of this association is to guarantee normal marketing by the creation of suitable mechanisms which will reduce the seasonal fluctuations of supply and demand and raise particularly low prices. The Commission would however point out that any agreement of this type must be notified if it is to be eligible for exemption under Article 85 (3).  Regarding outward processing traffic, the Commission would also point out that, under Article 6 of the Council Directive of 18 December 1975 concerning the harmonization of provisions laid down by law, regulation or administrative action in respect of outward processing (1), the competent authorities of the Member States may refuse to grant the benefit of outward processing arrangements when to do so would be likely to cause serious damage to the essential interests of Community processors.  Finally, it seems clear that new investments which would increase production capacity in this subsector would not be justified.   (1) OJ No L 24, 30.1.1976, p. 58.       5. In order that the Commission may follow the development of the market situation, it is necessary that it should be sent by the Member States, by the 10th of each month, statistics regarding intra-Community trade in tights during the previous month.       6. The Commission is conscious of the fact that its recommendation may be insufficient to eliminate the disturbances occurring in this subsector ; it nevertheless considers that the measures recommended constitute the first step towards regularizing the situation. It has the intention of following closely the evolution of production, consumption and trade, and reserves the right to take any possible initiatives within the framework of the provisions of the Treaty establishing the EEC.        II  Having regard to the foregoing considerations, the Commission of the European Communities accordingly recommends to the Member States that they should:    1. not encourage any increase in production capacity in the tights and stockings subsector;       2. not encourage for the products concerned, the contracting out of work to non-member countries whose labour costs are below the Community average;       3. communicate to the Commission during the first 10 days of each month statistics regarding intra-Community trade in tights (NIMEXE (1) statistical subdivisions 60.04-31 and 60.04-33 during the previous month), indicating quantities, additional units and value.         Done at Brussels, 20 September 1976.  For the Commission  C. GUAZZARONI  Member of the Commission  (1) Regulation (EEC) No 3218/75 of 9 December 1975 (OJ No L 331, 24.12.1975, p. 310).


Recommendation for a Council Decision authorising the Commission to open negotiations for the conclusion of an Agreement on political dialogue and co-operation between the European Community and its Member States and the Andean Community and its Member States, Bolivia, Colombia, Ecuador, Peru and Venezuela


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31976H0604

76/604/EEC: Commission Recommendation of 14 July 1976 to the Member States on the use of straw

Official Journal L 195 , 21/07/1976 P. 0015 - 0015

COMMISSION RECOMMENDATION of 14 July 1976 to the Member States on the use of straw (76/604/EEC) I  For several weeks now many regions of the Community have been affected by a serious drought which has greatly reduced the production of fodder. As a result, the market is in short supply, fodder prices have risen considerably and certain stock-rearing areas of the Community are having difficulty in obtaining supplies. These difficulties seem likely to increase in the next few months.  II  In cereal-growing areas, straw is normally burnt or ploughed-in after harvest. This straw can, however, be substituted for fodder in animal feed. In view of the shortage described above, it appears desirable to feed straw to animals in order to make good the short-fall in fodder production at least in part. It should, moreover, be noted that the burning of straw could in the prevailing dry conditions cause many outbreaks of fire.  III  The Commission therefore recommends that the Member States take all necessary steps to promote the use of straw as animal feed, in particular by prohibiting the burning or ploughing-in of straw.  Done at Brussels, 14 July 1976.  For the Commission  P.J. LARDINOIS  Member of the Commission


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32003H0091

Commission Recommendation of 10 February 2003 on the coordinated inspection programme in the field of animal nutrition for the year 2003 in accordance with Council Directive 95/53/EC (notified under document number C(2003) 450)

Official Journal L 034 , 11/02/2003 P. 0020 - 0025

Commission Recommendationof 10 February 2003on the coordinated inspection programme in the field of animal nutrition for the year 2003 in accordance with Council Directive 95/53/EC(notified under document number C(2003) 450)(2003/91/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition(1), as last amended by Directive 2001/46/EC of the European Parliament and of the Council(2), and in particular Article 22(3) thereof,Whereas:(1) Directive 95/53/EC provides for the Commission to submit an overall summary report on the result of inspections carried out at Community level. The overall summary report on inspection activities carried out in the field of animal nutrition based on the information provided by the Member States concerning the implementation of the inspection programmes for the year 2001 does not allow definitive conclusions to be drawn.(2) Three priority criteria have been identified as worthy of a coordinated inspection programme to be carried out in the year 2003, namely the monitoring of application of restrictions on the use of products of animal origin in feedingstuffs, the presence of dioxins in by-products used as feed materials for the manufacture of feedingstuffs and the presence of antibiotics banned as growth promoters in feedingstuffs.(3) It is important to ensure that the restrictions on the use of products of animal origin in feedingstuffs, as laid down in the relevant Community legislation, are effectively enforced.(4) Certain industrial by-products intended to be used as feed materials could potentially become contaminated with dioxins as a result of processing.(5) It is important to ensure that banned antibiotics are not used as growth promoters in animal nutrition.(6) The measures provided for in this recommendation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HEREBY RECOMMENDS:1. It is recommended that Member States carry out during the year 2003 a coordinated monitoring programme aiming to check:(a) the implementation of restrictions on the production and use of products of animal origin as set out in Annex I;(b) the contamination of certain industrial by-products with dioxins as a result of processing as set out in Annex II;(c) the presence of banned antibiotics used as growth promoters as set out in Annex III.2. It is recommended that Member States include the results of the coordinated monitoring programme provided for in paragraph 1, as a separate chapter in the report on the annual control activities to be transmitted by 1 April 2004 in accordance with Article 22 of Directive 95/53/EC.Done at Brussels, 10 February 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 265, 8.11.1995, p. 17.(2) OJ L 234, 1.9.2001, p. 55.ANNEX IRESTRICTIONS ON THE PRODUCTION AND USE OF PRODUCTS OF ANIMAL ORIGINWithout prejudice to Articles 3 to 13 and 15 of Directive 95/53/EC, Member States should, during 2003, undertake a coordinated inspection programme to determine whether restrictions on the production and use of feed materials of animal origin have been complied with.In particular, in order to ensure that the ban on feeding processed animal protein to certain animals, as laid down in Council Decision 2000/766/EC(1) and Commission Decision 2001/9/EC(2), both last amended by Commission Decision 2002/248/EC(3) is effectively applied, Member States should implement a specific control programme based on targeted controls. In accordance with Article 4 of Directive 95/53/EC, that control programme should be based on a risk-based strategy where all stages of production and all types of premises where feed is produced, handled and administered are included. Member States should pay special attention to the definition of criteria that can be related to a risk. The weighting given to each criterion should be proportional to the risk. The inspection frequency and the number of samples analysed in the premises should be in correlation to the sum of weightings allocated to those premises.The following indicative premises and criteria should be considered when drawing up a control programme:>TABLE>As an alternative, Member States may forward their own risk assessment to the Commission before 31 March 2003.Sampling should be targeted on batches or events where cross-contamination with prohibited processed proteins is most likely (e.g. first batch after the transport of feedingstuffs containing animal protein prohibited in this batch, technical problems or changes in production lines, changes in storage bunkers or silos for bulk material).The minimum number of inspections per year in a Member State should be 10 per 100000 tonnes of compound feed produced. The minimum number of official samples per year in a Member State should be 20 per 100000 tonnes of compound feed produced. Pending the approval of alternative methods, the microscopic identification and estimation as laid down in Commission Directive 98/88/EC of 13 November 1998 establishing guidelines for the microscopic identification and estimation of constituents of animal origin for the official control of feedingstuffs(4) should be used for the analysis of the samples. Any presence of prohibited constituents of animal origin in feedingstuffs should be considered as a breach of the feed ban.The results of the inspection programmes should be communicated to the Commission using the following formats.SUMMARY OF CHECKS CONCERNING FEEDING RESTRICTIONS FOR FEED OF ANIMAL ORIGIN (FEEDING OF PROHIBITED PROCESSED ANIMAL PROTEINS)A. Documented inspections>PIC FILE= "L_2003034EN.002201.TIF">B. Sampling and testing of feed materials and compound feedingstuffs for processed animal proteins>PIC FILE= "L_2003034EN.002301.TIF">C. Summary on prohibited processed animal proteins found in samples of feedingstuffs intended for ruminants>PIC FILE= "L_2003034EN.002302.TIF">(1) OJ L 306, 7.12.2000, p. 32.(2) OJ L 2, 5.1.2001, p. 32.(3) OJ L 84, 28.3.2002, p. 71.(4) OJ L 318, 27.11.1998, p. 45.ANNEX IICONTAMINATION OF CERTAIN INDUSTRIAL BY-PRODUCTS WITH DIOXINS AS A RESULT OF DRYING OR OTHER TYPES OF PROCESSINGMany by-products of food processing are used as feed materials. Special attention should be paid to a possible contamination of these by-products, which may occur at certain steps of their production process namely when chemical substances such as catalysts, solvents, pelleting aids, pH modifiers or filtration agents are introduced.Furthermore, extraction processes such as oil from oilseeds, palm kernels or coconut products sometimes involve the use of organic solvents. The presence of dioxins as solvent contaminants, but also the possible genesis of these compounds from chemical reactions between the solvent and feed materials may contribute to the contamination of the by-products (oilseed cakes) of the oil industry used as feed materials.Particular attention should also be paid to the drying process used for the by-products. Drying of these by-products/feed materials such as green forage, sugar beet pulp or citrus pulp may involve atmospheric air flow or hot air generated by a non-polluting source, for example electric heating or heat exchange. Under these circumstances no dioxin contamination can be expected. However, other drying techniques involving direct contact between feed materials and an air flow heated by a direct combustion process and carrying combustion products (gases, smoke) may constitute a considerable pollution source highly dependent on the nature of the fuel used. Whereas natural gas is regarded as a clean energy source, other sources (i.e. oil and derivatives including additives, pit-coal, wood) may generate dioxins during the combustion process, especially if combustion is incomplete. High levels of dioxins on dried green forage have been reported, caused by a direct drying process whereby chemically treated (with paint, with pentachlorophenol) waste wood was used as a burning material.Increased control of these feed materials "at risk" is appropriate. In order to be able to identify precisely the source of contamination, an additional investigation is necessary if an increased level is found (see Commission Recommendation 2002/201/EC of 4 March 2002 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs(1)).A. Summary on contamination of by-products with dioxins>PIC FILE= "L_2003034EN.002402.TIF">(1) OJ L 67, 9.3.2002, p. 69.ANNEX IIIPRESENCE OF BANNED ANTIBIOTICS USED AS GROWTH PROMOTERSAntibiotics may be legally present in feedingstuffs when prescribed by a veterinarian for disease prevention and treatment. Council Directive 90/167/EEC lays down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community(1).Antibiotics may also be legally present when authorised under Council Directive 70/524/EEC of 23 November concerning additives in feedingstuffs(2), for coccidiosis prevention or growth promotion purposes. In the latter category only monensin-sodium, salinomycine-sodium, flavophospholipol and avilamycine are currently authorised.Any other use of antibiotics is not authorised in feedingstuffs.During 2001 some Member States found a significant number of samples of feedingstuffs where the presence of unauthorised antibiotics was detected.Increased control on feedingstuffs is therefore appropriate. In order to develop appropriate control strategies, additional investigations should be carried out when unauthorised antibiotics are detected in order to identify the cause of their presence in feedingstuffs.A. Summary on banned antibiotics used as growth promoters found in samples of feedingstuffs>PIC FILE= "L_2003034EN.002502.TIF">(1) OJ L 92, 7.4.1990, p. 42.(2) OJ L 270, 14.12.1970, p. 1.


Recommendation for a Council opinion in accordance with the third paragraph of Article 5 of Council Regulation (EC) n°1466/97 of 7 July 1997 on the updated stability programme of Germany, 2003 2007


title: Recommendation for a Council opinion in accordance with the third paragraph of Article 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 on the updated convergence programme of Sweden, 2002-2004

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title: Recommendation of the EFTA Surveillance Authority No 143/06/COL of 11 May 2006 concerning a monitoring programme for 2006 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin and national monitoring programmes for 2007

text:
               21.12.2006

               EN

               Official Journal of the European Union

               L 366/87

      RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

   No 143/06/COL
   of 11 May 2006
   concerning a monitoring programme for 2006 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin and national monitoring programmes for 2007
   THE EFTA SURVEILLANCE AUTHORITY,
   Having regard to the Agreement on the European Economic Area (EEA), and in particular Article 109 and Protocol 1 thereof,
   Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5(2)(b) and Protocol 1 thereof,
   Having regard to the Act referred to at point 38 of Chapter XII of Annex II to the EEA Agreement (Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals) (1), as last amended and adapted to the EEA Agreement by Protocol 1 thereto, and in particular Article 7(2)(b) thereof,
   Having regard to the Act referred to at point 54 in Chapter XII of Annex II to the EEA Agreement (Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables) (2), as last amended and adapted to the EEA Agreement by Protocol 1 thereto, and in particular Article 4(2)(b) thereof,
   Whereas:

               (1)

               The EFTA Surveillance Authority should progressively work towards a system which would permit the estimation of dietary exposure to actual pesticides. To make realistic estimations possible, data on the monitoring of pesticide residues should be available in a number of food products which constitute major components of the European diet. It is generally recognised that major components of the European diet are constituted by some 20 to 30 food products.
               In view of the resources available at national level for pesticide residue monitoring, the EFTA States are only able to analyse samples of eight products each year within a co-ordinated monitoring programme. Pesticide uses show changes within the timescale of the three-year cycles. Each pesticide should thus generally be monitored in 20 to 30 food products over a series of three-year cycles.

               (2)

               Residues of all the pesticides covered by this Recommendation should be monitored in 2006, as this will allow using these data for the estimation of actual dietary exposure to them.

               (3)

               A systematic statistical approach to numbers of samples to be taken in each monitoring exercise is necessary. Such an approach has been set out by the Codex Alimentarius Commission (3). On the basis of a binomial probability distribution, it can be calculated that examination of 613 samples gives a confidence of more than 99 % for detecting one sample containing pesticide residues above the limit of determination (LOD), provided that less than 1 % of products of plant origin contain residues above that limit. Collection of these samples should be apportioned across the European Economic Area on the basis of population and consumer numbers, with a minimum of 12 samples per product and per year.

               (4)

               Guidelines concerning ‘Quality Control Procedures for Pesticide Residue Analysis’ are published on the European Commission website (4). It is agreed that these guidelines should be applied as far as possible by the analytical laboratories of the EFTA States and should be reviewed continuously in the light of experience gained in the monitoring programmes.

               (5)

               The sampling methods and procedures laid down in the Act referred to at point 54zz of Chapter XII of Annex II to the EEA Agreement (Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC
                   (5) incorporate those recommended by the Codex Alimentarius Commission.

               (6)

               Article 4(2)(a) of Directive 90/642/EEC and Article 7(2)(a) of Directive 86/362/EEC require the EFTA States to specify the criteria applied in drawing up their national inspection programmes. Such information should include the criteria applied in determining the numbers of samples to be taken and analyses to be carried out and the reporting levels applied, the criteria by which the reporting levels have been fixed and details of accreditation under the Act referred to at point 54n of Chapter XII of Annex II to the EEA Agreement (Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs
                   (6), as amended. The number and type of infringements and the action taken should also be indicated.

               (7)

               Maximum residue levels for baby food have been established in accordance with Article 6 of the Act referred to at point 54a in Chapter XII of Annex II to the EEA Agreement (Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae
                   (7), as amended, and Article 6 of the Act referred to at point 54zl in Chapter XII of Annex II to the EEA Agreement (Commission Directive 96/5/EC, of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children
                   (8), as amended.

               (8)

               Information on the results of monitoring programmes is particularly appropriate for treatment, storage and transmission by electronic methods. Formats have been developed for supply of data by e-mail from the EC Member States to the Commission. The EFTA States could use the same format and should therefore be able to send their reports to the EFTA Surveillance Authority in the standard format. The further development of such a standard format is most effectively undertaken by the development of guidelines.

               (9)

               The measures provided for in this recommendation are in accordance with the opinion of the EFTA Foodstuffs Committee assisting the EFTA Surveillance Authority,

         HEREBY RECOMMENDS THE EFTA STATES TO:

               1.

               Sample and analyse for the product/pesticide residue combinations set out in the Annex I to this Recommendation, on the basis of the number of samples reflecting as appropriate, national, EEA and third country share of the EFTA State's market.
               The sampling procedure, including the number of units, should be in line with the Act referred to at point 54zz of Chapter XII of Annex II to the EEA Agreement (Directive 2002/63/EC.

               2.

               For pesticides posing an acute risk i.e. where an ARfD is set (e.g. OP-esters, endosulfan and N-methylcarbamates) sampling should be done in such a way to allow the selection of two laboratory samples. If the first laboratory sample contains a detectable residue of a targeted pesticide, the units of the second sample should be analysed individually. This applies to the following products:

                           —

                           Aubergines

                           —

                           Grapes (9)

                           —

                           Bananas

                           —

                           Pepper.

                     Of these products, a reasonable number of samples should also be subjected to individual analysis of the individual units within the second laboratory sample in case such pesticides are detected in the first sample and particularly if it is the produce of a single producer.

               3.

               Of the total amount of samples as given according to Annex I, each EFTA State, take and analyse:

                           (a)

                           at least ten samples of baby food based mainly on vegetables, fruits or cereals;

                           (b)

                           a number of samples (with a minimum of one sample where available) from produce originating from organic farming that reflects the market share of organic produce in each EFTA State.

               4.

               Report the results of the analysis of samples tested for the product/pesticide residue combinations set out in the Annex I to this Recommendation, by 31 August 2007 at the latest, indicating:

                           (a)

                           the analytical methods used and reporting levels achieved, in accordance with the quality control procedures set out in the Quality Control Procedures for pesticide residue analysis;

                           (b)

                           the number and type of infringements and the action taken.

               5.

               The report should be produced in a format, including the electronic format, conforming to the guidance (10) to the EEA States with regard to implementation of recommendations concerning monitoring programmes.
               The result on samples taken from produce originating from organic farming should be reported in a separate datasheet.

               6.

               Send to the EFTA Surveillance Authority and to the other EFTA States, by 31 August 2006 at the latest, all the information as required by Article 7(3) of Directive 86/362/EEC and Article 4(3) of Directive 90/642/EEC concerning the 2005 monitoring exercise to ensure, at least by check sampling, compliance with maximum pesticide residue levels including:

                           (a)

                           the results of their national programmes concerning pesticide residues;

                           (b)

                           information on their laboratories’ quality control procedures and, in particular, information concerning aspects of the guidelines concerning quality control procedures for pesticide residue analysis which they have not been able to apply or have had difficulty in applying;

                           (c)

                           information on accreditation in accordance with the provisions of Article 3 of Directive 93/99/EEC (including type of accreditation, accreditation body and copy of accreditation certificate) of the laboratories carrying out the analyses;

                           (d)

                           information about the proficiency tests and ring tests in which the laboratory has participated.

               7.

               Send to the EFTA Surveillance Authority, by 30 September 2006 at the latest, their intended national programme for monitoring maximum pesticide residue levels fixed by Directives 90/642/EEC and 86/362/EEC for the year 2007, including information on:

                           (a)

                           the criteria applied in determining the number of samples to be taken and analyses to be carried out;

                           (b)

                           the reporting levels applied and the criteria by which the reporting levels have been fixed;

                           (c)

                           details of accreditation, under Directive 93/99/EEC, of the laboratories carrying out analyses.

      This Recommendation is addressed to Iceland, Liechtenstein and Norway.
      Done at Brussels, 11 May 2006.

            For the EFTA Surveillance Authority

         Kristján Andri STEFÁNSSON

            College Member

         Niels FENGER

            Director

      (1)  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2006/92/EC (OJ L 311, 10.11.2006, p. 31).

      (2)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2006/92/EC.

      (3)  Codex Alimentarius, Pesticide Residues in Foodstuffs, Rome 1994, ISBN 92-5-203271-1; Vol.2, page 372.

      (4)  Doc. No SANCO/10476/2003, http://europa.eu.int/comm/food/fs/ph_ps/pest/index_en.htm.

      (5)  OJ L 187, 16.7.2002, p. 30.

      (6)  OJ L 290, 24.11.1993, p. 14. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284 31.10.2003, p. 1).

      (7)  OJ L 175, 4.7.1991, p. 35. Directive as last amended by Directive 2003/14/EC (OJ L 41, 14.2.2003, p. 37).

      (8)  OJ L 49, 28.2.1996, p. 1. Directive as last amended by Directive 2003/13/EC (OJ L 41, 14.2.2003, p. 33).

      (9)  For grapes the unit (i.e. standard bunch) is considered to have a size of about 555 g.

      (10)  Presented to and taken note of in the Standing Committee on the Food Chain and Animal Health (SCFCAH) every year.

      ANNEX I
      Pesticide/product combinations to be monitored

                  Pesticide residue to be analysed for

                  2006

                  2007 (1)

                  2008 (1)

                  Acephate

                      (4)

                      (5)

                      (3)

                  Acetamiprid

                      (5)

                      (3)

                  Aldicarb

                      (4)

                      (5)

                      (3)

                  Azinphos-methyl

                      (4)

                      (5)

                      (3)

                  Azoxystrobin

                      (4)

                      (5)

                      (3)

                  Benomyl group

                      (4)

                      (5)

                      (3)

                  Bifenthrin

                      (4)

                      (5)

                      (3)

                  Bromopropylate

                      (4)

                      (5)

                      (3)

                  Bupirimate

                      (4)

                      (5)

                      (3)

                  Buprofezin

                      (5)

                      (3)

                  Captan + Folpet
                  Captan
                  Folpet

                      (4)

                      (5)

                      (3)

                  Carbaryl

                      (4)

                      (5)

                      (3)

                  Chlormequat (2)

                      (4)

                      (5)

                      (3)

                  Chlorothalonil

                      (4)

                      (5)

                      (3)

                  Chlorpropham

                      (4)

                      (5)

                      (3)

                  Chlorpyriphos

                      (4)

                      (5)

                      (3)

                  Chlorpyriphos-methyl

                      (4)

                      (5)

                      (3)

                  Cypermethrin

                      (4)

                      (5)

                      (3)

                  Cyprodinil

                      (4)

                      (5)

                      (3)

                  Deltamethrin

                      (4)

                      (5)

                      (3)

                  Diazinon

                      (4)

                      (5)

                      (3)

                  Dichlofluanid

                      (4)

                      (5)

                      (3)

                  Dichlorvos

                      (5)

                      (3)

                  Dicofol

                      (4)

                      (5)

                      (3)

                  Dimethoate + Omethoate
                  Dimethoate
                  Omethoate

                      (4)

                      (5)

                      (3)

                  Diphenylamine

                      (4)

                      (5)

                      (3)

                  Endosulfan

                      (4)

                      (5)

                      (3)

                  Fenhexamid

                      (4)

                      (5)

                      (3)

                  Fenitrothion

                      (5)

                      (3)

                  Fludioxinil

                      (4)

                      (5)

                      (3)

                  Imazalil

                      (4)

                      (5)

                      (3)

                  Imidacloprid

                      (4)

                      (5)

                      (3)

                  Indoxacarb

                      (5)

                      (3)

                  Iprodione

                      (4)

                      (5)

                      (3)

                  Iprovalicarb

                      (5)

                      (3)

                  Kresoxim-methyl

                      (4)

                      (5)

                      (3)

                  Lambda-cyhalothrin

                      (4)

                      (5)

                      (3)

                  Malathion

                      (4)

                      (5)

                      (3)

                  Maneb group

                      (4)

                      (5)

                      (3)

                  Mepanipyrim

                      (5)

                      (3)

                  Methamidophos

                      (4)

                      (5)

                      (3)

                  Metalaxyl

                      (4)

                      (5)

                      (3)

                  Methidathion

                      (4)

                      (5)

                      (3)

                  Methiocarb

                      (4)

                      (5)

                      (3)

                  Methomyl

                      (4)

                      (5)

                      (3)

                  Myclobutanil

                      (4)

                      (5)

                      (3)

                  Oxydemeton-methyl

                      (4)

                      (5)

                      (3)

                  Parathion

                      (4)

                      (5)

                      (3)

                  Penconazole

                      (5)

                      (3)

                  Phosalone

                      (4)

                      (5)

                      (3)

                  Pirimicarb

                      (4)

                      (5)

                      (3)

                  Pirimiphos-methyl

                      (4)

                      (5)

                      (3)

                  Prochloraz

                      (5)

                      (3)

                  Procymidone

                      (4)

                      (5)

                      (3)

                  Profenofos

                      (5)

                      (3)

                  Propargite

                      (4)

                      (5)

                      (3)

                  Pyretrins

                      (4)

                      (5)

                      (3)

                  Pyrimethanil

                      (4)

                      (5)

                      (3)

                  Pyriproxyfen

                      (5)

                      (3)

                  Quenoxifen

                      (5)

                      (3)

                  Spiroxamine

                      (4)

                      (5)

                      (3)

                  Tebuconazole

                      (5)

                      (3)

                  Tebufenozoide

                      (5)

                      (3)

                  Thiabendazole

                      (4)

                      (5)

                      (3)

                  Tolcloflos-methyl

                      (4)

                      (5)

                      (3)

                  Tolylfluanid

                      (4)

                      (5)

                      (3)

                  Triadimefon + Triadimenol Triadimefon Triadimenol

                      (4)

                      (5)

                      (3)

                  Vinclozolin

                      (4)

                      (5)

                      (3)

         (1)  Indicative for 2007 and 2008, subject to programmes which will be recommended for these years.

         (2)  Chlormequat should be analysed in pears and cereals only.

         (3)  Pears, beans (fresh or frozen), potatoes, carrots, oranges or mandarins, spinach (fresh or frozen), rice and cucumber.

         (4)  Cauliflower, peppers (sweet), wheat, aubergines, grapes, peas (fresh/frozen, without pod), bananas and orange juice. For orange juice EFTA States should specify the source (concentrates or fresh fruits).

         (5)  Apples, tomatoes, lettuce, strawberries, leek, head cabbage, rye or oats, peaches including nectarines and similar hybrids.


/* 67/651/EEC: Commission Recommendation of 17 October 1967 on measures to be taken by the Member States to prevent and detect fraud in agriculture */


title: 2013/711/EU: Commission Recommendation of 3 December 2013 on the reduction of the presence of dioxins, furans and PCBs in feed and food  Text with EEA relevance

text:
               4.12.2013

               EN

               Official Journal of the European Union

               L 323/37

         COMMISSION RECOMMENDATION
   of 3 December 2013
   on the reduction of the presence of dioxins, furans and PCBs in feed and food
   (Text with EEA relevance)
   (2013/711/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Several measures have been adopted as parts of an overall strategy to reduce the presence of dioxins, furans and PCBs in environment, feed and food.

               (2)

               Maximum levels for dioxins and for the sum of dioxins and dioxin-like PCBs have been set for feed by Directive 2002/32/EC of the European Parliament and of the Council (1) and for food by Commission Regulation (EC) No 1881/2006 (2).

               (3)

               In order to stimulate a proactive approach to reduce the presence of dioxins and dioxin-like PCBs in food, action levels for dioxins and dioxin-like PCBs in food have been set by Commission Recommendation 2011/516/EU (3) and for dioxins and dioxin-like PCBs in feed by Directive 2002/32/EC.

               (4)

               Action levels are a tool for competent authorities and operators to highlight cases where it is appropriate to identify a source of contamination and to take measures for its reduction or elimination.

               (5)

               Given that the sources of dioxins and dioxin-like PCBs are different, it is appropriate that separate action levels are determined for dioxins on the one hand and for dioxin-like PCBs on the other hand.

               (6)

               It is now appropriate to recommend that the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in free-range eggs, organic eggs, lamb and sheep liver, Chinese mitten crab, dried herbs and clays as food supplement be subject to an increased monitoring.

               (7)

               It is furthermore appropriate to specify that the action levels expressed on product basis refer to wet weight.

               (8)

               Recommendation 2011/516/EU should therefore be replaced by a new Recommendation,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States should perform, proportionate to their production, use and consumption of feed and food, random monitoring of the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs.

               2.

               In addition to the monitoring referred to in point 1, Member States should monitor specifically the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in the following products:

                           (a)

                           free range and organic eggs;

                           (b)

                           liver of sheep and lamb;

                           (c)

                           Chinese mitten crab, with regard to:

                                       (i)

                                       muscle meat from appendages (separately);

                                       (ii)

                                       brown meat (separately);

                                       (iii)

                                       the total product (by calculation taking into account the levels found in muscle meat from appendages and brown meat and their relative proportion);

                           (d)

                           dried herbs (feed and food);

                           (e)

                           clays sold as food supplement.

               3.

               In cases of non-compliance with the provisions of Directive 2002/32/EC and Regulation (EC) No 1881/2006, and in cases where levels of dioxins and/or dioxin-like PCBs in excess of the action levels specified in the Annex to this Recommendation as regards food and in Annex II to Directive 2002/32/EC as regards feed are found, Member States, in cooperation with operators:

                           (a)

                           initiate investigations to identify the source of contamination;

                           (b)

                           take measures to reduce or eliminate the source of contamination.

               4.

               Member States should submit all the occurrence data of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in feed and food to the European Food Safety Authority (EFSA). Member States should inform the Commission and the other Member States of their findings, the results of their investigations and the measures taken to reduce or eliminate the source of contamination.

         This Recommendation replaces Recommendation 2011/516/EU.

      Done at Brussels, 3 December 2013.

            For the Commission

         Tonio BORG

            Member of the Commission

      (1)  Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (OJ L 140, 30.5.2002, p. 10).

      (2)  Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).

      (3)  Commission Recommendation 2011/516/EU of 23 August 2011 on the reduction of the presence of dioxins, furans and PCBs in feed and food (OJ L 218, 24.8.2011, p. 23).

      ANNEX
      For the purposes of this Annex the following definitions apply:

                  (a)

                  ‘Dioxins + furans (WHO-TEQ)’ means the sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs), expressed as World Health Organisation (WHO) toxic equivalent using the WHO-toxic equivalency factors (WHO-TEFs);

                  (b)

                  ‘Dioxin-like PCBs (WHO-TEQ)’ means the sum of polychlorinated biphenyls (PCBs), expressed as WHO toxic equivalent using the WHO-TEFs;

                  (c)

                  ‘WHO-TEFs’ means the World Health Organisation toxic equivalence factors for human risk assessment based on the conclusions of the World Health Organization (WHO) — International Programme on Chemical Safety (IPCS) expert meeting which was held in Geneva in June 2005 (Martin van den Berg et al., The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds. Toxicological Sciences 93(2), 223–241 (2006)).

                  Food

                  Action level for dioxins + furans (WHO-TEQ) (1)

                  Action level for dioxin-like PCBs (WHO-TEQ) (1)

                  Meat and meat products (excluding edible offal) (2) of the following animals

                              —

                              bovine animals and sheep

                  1,75 pg/g fat (3)

                  1,75 pg/g fat (3)

                              —

                              poultry

                  1,25 pg/g fat (3)

                  0,75 pg/g fat (3)

                              —

                              pigs

                  0,75 pg/g fat (3)

                  0,50 pg/g fat (3)

                  Mixed fats

                  1,00 pg/g fat (3)

                  0,75 pg/g fat (3)

                  Muscle meat of farmed fish and farmed fishery products

                  1,50 pg/g wet weight

                  2,50 pg/g wet weight

                  Raw milk (2) and dairy products (2), including butter fat

                  1,75 pg/g fat (3)

                  2,00 pg/g fat (3)

                  Hen eggs and egg products (2)

                  1,75 pg/g fat (3)

                  1,75 pg/g fat (3)

                  Clays as food supplement

                  0,50 pg/g wet weight

                  0,35 pg/g wet weight

                  Fruits, vegetables (including fresh herbs) and cereals (4)

                  0,30 pg/g wet weight

                  0,10 pg/g wet weight

         (1)  Upperbound concentrations: Upperbound concentrations are calculated assuming that all the values of the different congeners less than the limit of quantification are equal to the limit of quantification.

         (2)  Foodstuffs listed in this category as defined in Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).

         (3)  The action levels are not applicable for food products containing < 2 % fat.

         (4)  For dried fruits and dried vegetables (including dried herbs) the action level is 0,5 pg/g for dioxins + furans and 0,35 pg/g for dioxin-like PCBs, expressed on the product as sold.


title: 73/133/EEC: Commission Recommendation of 19 March 1973 to the Government of the Italian Republic concerning three Bills on the organization of the market for the carriage of goods by road in Italy

text:
9 . 6 . 73                                 Official Journal of the European Communities                          No L 153 /29
                                                      COMMISSION
                                             COMMISSION RECOMMENDATION
                                                         of 19 March 1973
                 to the Government of the Italian Republic concerning three Bills on the organization of
                                       the market for the carriage of goods by road in Italy
                                                            (73/ 133/EEC)
In accordance with Article 1 of the Council Decision                  Under the terms of Article 2 of the Council Decision
of 21 March 1962 (*) instituting a procedure for prior                of 21 March 1962, the Commission makes the fol
examination and consultation in respect of certain                     lowing recommendation :
laws, regulations and administrative provisions
concerning transport proposed in Member States, the
Italian Government has communicated to the Com
                                                                                I
mission, by letter of 18 January 1973 from the Office
of its Permanent Representative to the European
Communities, the following three Bills :                              1 . The Commission notes that the purpose of the
                                                                      proposed legal provisions is the complete reorgani
— Bill establishing a national register of road hau                   zation of the domestic road haulage market, with the
      lage operators working for hire or reward ;                      following salient features :
                                                                      (i)     the establishment of a national register of road
— Bill establishing rules for the carriage of goods                           haulage operators and the creation of a central
       by road ;                                                              committee, and of provincial, inter-provincial
                                                                              and regional committees ;
— Bill establishing a system of bracket rates for the
       carriage of goods by road .                                     ( ii ) a new definition of the system for the carriage
                                                                              of goods by road and of regulations governing
The Commission received the letter from the Office                            load-capacity ;
of the Permanent Representative on 19 January 1973 .
The Italian Government has also communicated the                      ( iii) establishment of a compulsory bracket tariff
Bills to the other Member States .                                            system with a spread of 23% for road transport
                                                                              within Italy.
Pursuant to Article 2 (3 ) of the Council Decision of
21 March 1962, the Commission consulted the                           These Provisions are consistent with the guidelines
Member States on the provisions in question at a                      of the Common Transport Policy, as they appear
meeting held in Brussels on 1 March 1973 .                            from the general aims and principles laid down by
                                                                      the Community institutions .
By agreement with the Italian Government, the
period of one month within which the Commission                       However, the adoption of such measures at the in
must deliver its Opinion under the Council Decision                   itiative of some Member States within their own
of 21 March 1962 has been extended until 19 March                     national legislation would not assist the implemen
1973, in accordance with Article 2 (4) of the                         tation of the Common Transport Policy. If such a
Decision .                                                            policy is to be established and its objectives achieved,
                                                                      such measures must be adopted at Community level
                                                                      in the institutional framework of the Treaty, and must
                                                                      be implemented simultaneously and in a uniform
(!) OJ No 23 , 3 . 4. 1962 , p . 720 /62 .                            manner in all Member States .
 ---pagebreak--- No L 153 /30                         Official Journal of the European Communities                               9 . 6. 73
The Commission recalled this approach in its Mem               This registration, and checks on the subsequent
oranda of 20 September 1971 >and 8 November 1971                operation of the undertaking, both as regards con
on the common organization of the transport market              tinued compliance with the required conditions and
and on the development of the common transport                  observance by the undertaking of the laws, regula
policy.                                                         tions and contractual provisions which govern the
                                                                business, become the responsibility of a central com
                                                                mittee and of regional, inter-provincial and provin
                                                                cial committees .
2. As the Commission has pointed out several times,
for instance in its memorandum on the general aims
and trend of the Common Transport Policy anid in                The Commission notes, first, that the conditions
its action programme thereon, as well as in the above          governing the right to engage in road haulage do
mentioned Memoranda of 20 September 1971 and                    not fully coincide with Community requirements
8 November 1971 , regulation at Community level of              and, secondly, that a Directive on conditions governing
both access to the transport market and price for              the right to engage in road haulage should shortly be
mation constitutes the essential factor of the common           adopted, given the present state of progress of the
 organization of transport, which must make it possible         work.
to regulate competition, to promote the integration of
the market and to liberalize the provision of services
and the right of establishment in the transport                 Furthermore, the independent adoption of diverging
business .                                                      conditions by Member States would hinder the
                                                                 achievement of the right of establishment in the
                                                                near future .
Concurring with the views expressed by the Com
mission, the Council, at its session of 22 June 1965,
agreed to the implementation of a system based on               In the light of all these considerations, the Com
a common organization of the goods market and an                mission asks the Italian Government to .delay the
alignment of the operating conditions of national                adoption of these conditions, or at least to adjust
markets. Access to the market and price formation               them to coniform with those planned at Community
are included as essential elements in this system.              level .
Furthermore, in its Resolution of 20 October 1966,              4. The Commission also notes that among the
the Council stressed the importance of adopting pro            conditions laid down in Article 14 of the Bill con
visions on the inspection of load capacity and on the
right to engage in haulage operations, and asked the            cerning the registration of undertakings, Italian
 Commission to put forward its proposals for domestic           nationality is required. Under Article 15 , foreign
 and international transport operations as soon as              undertakings with ifunctioninjg administrative officers
                                                                 in Italy may also be registered, provided that there
possible. As early as 1967 (*) the Commission put
forward proposals containing provisions both for                is reciprocal treatment in the State in which their
                                                                head offices are situated .
transport for hire and reward and for own-account
transport, on which both the European Parliament
 and the Economic and Social Committee delivered a
 favourable Opinion .                                           The Commission draws the attention of the Italian
                                                                Government to the fact that haulage operators from
                                                                other Member States who meet the conditions of
                                                                establishment in Italy must be eligible for registration
                                  II                             under the same conditions as Italian haulage oper
                                                                 ators. Further, the reciprocity clause may not be
                                                                invoked against other Member States .
 3 . As regards the Bill on the establishment of a na
 tional register of road haulage operators, the Com
 mission notes that engagement in the business of road           Pending the adoption by the Council of Directives
 haulage wilil henceforth be subject to certain con             on the abolition of restrictions to freedom of estab
 ditions and that the undertaking must be registered.            lishment as regards the carriage of goods by road,
                                                                 the Commission draws the attention of the Italian
                                                                Government to the provisions of Articles 53 and 76
                                                                 of the EEC Treaty.
 (*) Proposal for a Council Regulation on the Introduction
     of Common Rules for Access to the National and
     International Road Haulage Profession and the Con
     trol of Capacity in the Road Haulage Sector (OJ No          The text of Article 15 should be amended accord
     254 , 20 . 10. 1967, p. 3 ).                                ingly.
 ---pagebreak--- 9 . 6 . 73                              Official Journal of the European Communities                          No L 153 /31
                               III                                                            IV
5 . The Commission notes that the Bill on the                      6. As regards the Bill on the establishment of a
carriage of goods by road defines own-account trans               compulsory bracket rate system for the domestic
port and transport for hire or reward, and days down               carriage of goods by road, the Commission notes
the conditions for the issue of transport authoriz                that by and large this Bills is consistent with the
 ations .                                                          general aims and principles of the Common Trans
                                                                   port Policy as defined by the Council Agreement of
The Commission observes that the definition of own                22 June 1965 on the organization of the transport
                                                                    market .
account transport differs in several respects from
that used at Community level, as set out in Article
9 of Council Regulation No 11 (*) of 27 June 1960 .
Furthermore, the Bill contains no provisions on treat             It notes, however, that the proposed system departs
ing -transport by means of hired vehicles on the same              from the principles governing rates as established
footing as own-account transport. Having regard to                 by the agreement in that the Bill does not allow for
the principle that the implementation of divergent                 individual contracts with prices falling outside the
measures in Member States should be avoided, the                   brackets .
Commission considers that the Italian Government
should model its definition on the one referred to
above .
                                                                   The Commission also notes that :
Furthermore, in - view of the economic importance                  •— there is an inconsistency between Article 3 of the
in some cases of the hiring of vehicles, the Bill                       Bill, which stipulates the compulsory inclusion
should adopt the provisions set out in Article 32 (2 )                  of commercial costs in the basic rates, and
of the abovementioned proposal by the Commission                        Article 6, which lays down reduced rates, not
of 14 June 1967. Finally, in the interests of harmo                    including commercial costs, where auxiliary
nization and liberalization, the maximum useful load                    transport services have been provided ;
to qualify for exemption under the authorization
system should be raised from 2 500 kg to 3 000 kg.                 — it is not clear from the terms of Article 8 of the
                                                                        Bill whether, as the supervision of a compulsory
                                                                        rate system implies and as is the practice in
As regards transport for hire or reward, the Com                       other Member States, checks are permitted on the
mission considers that a positive definition unavoid                   premises of (undertakings, not only of the haulage
ably leads »o divergent interpretations , for instance                  operators but also of their partners (consignors ,
concerning the agreed concept of remuneration,                          consignees, transport auxiliaries ).
whereas a negative definition would have fostered
harmonization while eliminating the possibility of
divergent interpretations .
                                                                   Finally, the Commission reminds the Italian Govern
                                                                   ment that it should ensure that, in the enforcement
As for the quota system, the Italian Government                    order which it will make under Article 11 of the Bill,
provides for authorizations to be issued in respect                 the information to be given in the consignment note
of vehicles, while Community measures provide for                  meets the requirements not only of the provisions of
                                                                    the Bill under discussion but also of Article 6 of
the issue of authorizations to undertakings. The
 Commission asks the Italian Government to amend                    Council Regulation No 11 /60/EEC of 27 June 1960.
its relevant provisions accordingly.
                                                                    Subject to the foregoing comments, the Commission
                                                                    delivers a favourable Opinion on this third Bill .
 Finally, the Commission notes that the Bill no longer
provides, as under the present system, for a quota
exemption -for vehicles with a useful load of less
  than 5 000 kg. In the Commission's view an exemp                                            V
  tion for vehicles       of low tonnage should be
  maintained .
                                                                    7. Having regard to the considerations set out above,
                                                                    the Commission considers :
 ( ) Regulation No 11 concerning the abolition of discrimi
     nation in transport rates and conditions, in implemen         — that the proposed -Italian measures should be
     tation of Article 79 (3 ) of the Treaty establishing the
     European Economic Community ( OJ No 52 , 16 . 8 .                  implemented within a Community framework
     1960 , p. 1121 /60).                                               by the adoption of measures consistent with the
 ---pagebreak--- No L 153 /32                     Official Journal of the European Communities                             9 . 6 . 73
   principles defined - by the Council in its Agree                                 VI
   ment of 22 June 1965 and in conformity with
                                                            8 . The Commission shall inform the other Member
  its Resolution of 20 October 1966 ;
                                                            States of 'the Recommendation .
                                                            Done at Brussels, 19 March 1973 .
— that the proposed measures should tin any case
   be in line wiith the general aims and principles                                     For the Commission
   of the Common Transport Policy, as recalled in                                           The President
  this Recommendation .                                                                Francois-Xavier ORTOLI


65/77/EEC: Commission Recommendation of 12 January 1965 to Member States relating to certificates concerning the pursuit of professional activities in the country of origin, provided for in Article 4 paragraph 2 of Council Directive 64/222/EEC of 25 February 1964 relating to transitional measures in the area of wholesale commercial and intermediary activity in commerce, industry and crafts