24.9.1996 EN Official Journal of the European Communities L 243/31 COUNCIL DIRECTIVE 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof, Having regard to the Commission proposal (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189c of the Treaty (3), (1) Whereas Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (4) brought about an approximation of the laws of the Member States in this field; whereas those rules have not proved sufficient; whereas the state of the art has evolved to a point where disposal conditions for PCBs can be improved; whereas that Directive should therefore be replaced by a new Directive; (2) Whereas Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (5) underlines, the need for a periodic review of the whole problem with a view to moving gradually towards a complete ban on PCBs and PCTs; (3) Whereas the safe disposal of non-recyclable and non-reusable waste is one of the objectives of the Council Resolution of 7 May 1990 on waste policy (6), as confirmed by the Fifth Action Programme on the Environment and Sustainable Development, the approach and general strategy of which were approved by the Council and the Representatives of the Governments of the Member States, meeting within the Council, in their Resolution of 1 February 1993 (7); (4) Whereas in accordance with Council Directive 75/442/EEC of 15 July 1975 on waste (8), appropriate measures must be taken to avoid the abandonment, dumping or uncontrolled disposal of waste, and the use of processes or methods which could harm the environment; (5) Whereas in order to dispose of PCBs, because of the risks they present for the environment and for human health, general obligations concerning the controlled disposal of PCBs and the decontamination or disposal of equipment are necessary; (6) Whereas such measures should be taken as soon as possible without prejudice to the Member States' international obligations, in particular those contained in PARCOM Decision 92/3 (9); whereas PCBs which are the subject of an inventory must be disposed of by the end of 2010 at the latest; (7) Whereas the disposal of PCBs represents a transitional and temporary problem and some Member States which have no PCB disposal capacity face a force majeure situation; whereas the proximity principle should be interpreted in a flexible manner so as to permit European solidarity in this area; whereas, in addition, installations should be set up in the Community for the disposal, decontamination and storage of PCBs; (8) Whereas Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (10) lays down 50 ppm as the maximum limit for the PCB or PCT content of regenerated oils or oils used as fuel; (9) Whereas Council Directive 91/339/EEC of 18 June 1991, amending Directive 76/769/EEC for the eleventh time (11), prohibits or restricts the marketing of certain PCB substitutes, and whereas they too should therefore be disposed of completely; (10) Whereas it is essential to know what quantities of PCBs exist in order to be able to match disposal capacity to needs; whereas it is therefore necessary to label equipment containing PCBs and to compile inventories of such equipment; whereas such inventories must be regularly updated; (11) Whereas, bearing in mind the costs and technical difficulties entailed by an inventory of equipment slightly contaminated with PCBs, a simplified inventory should be used; whereas, in addition, provision should be made for equipment slightly contaminated by PCBs to be disposed of at the end of its useful life, bearing in mind the low risks it presents for the environment; (12) Whereas the marketing of PCBs is prohibited, and whereas the separation of PCBs from other substances for their reuse and the topping up of transformers with PCBs should therefore be prohibited; whereas, however, on safety grounds, the maintenance of transformers may be continued in order to sustain the dielectric quality of the PCBs they contain; (13) Whereas undertakings carrying out the disposal and/or decontamination of PCBs must obtain permits; (14) Whereas the conditions for decontaminating equipment containing PCBs must be defined and whereas the equipment should be specifically labelled; (15) Whereas certain technical tasks necessary for the implementation of this Directive should be carried out by the Commission, in accordance with the Committee procedure referred to in Article 18 of Directive 75/442/EEC; (16) Whereas the number of PCB disposal and decontamination plants is small and their capacity limited and the disposal and/or decontamination of the PCBs inventoried must therefore be properly planned; whereas, moreover, outlines for the collection and subsequent disposal of non-inventoried equipment should be drawn up; whereas such outlines may, if necessary, make use of existing mechanisms concerning waste in general and need not take account of very minor quantities of PCBs which cannot be identified in practice, HAS ADOPTED THIS DIRECTIVE: Article 1 The purpose of this Directive is to approximate the laws of the Member States on the controlled disposal of PCBs, the decontamination or disposal of equipment containing PCBs and/or the disposal of used PCBs in order to eliminate them completely on the basis of the provisions of this Directive. Article 2 For the purposes of this Directive: (a) ‘PCBs’ means: — polychlorinated biphenyls, — polychlorinated terphenyls, — Monomethyl-tetrachlorodiphenyl methane, Mono-methyl-dichloro-diphenyl methane, Monomethyl-dibromo-diphenyl methane, — any mixture containing any of the abovemen-tioned substances in a total of more than 0,005 % by weight; (b) ‘equipment containing PCBs’ means any equipment containing PCBs or having contained PCBs (e.g. transformers, capacitors, receptacles containing residual stocks) which has not been decontaminated. Equipment of a type which may contain PCBs shall be treated as if it contains PCBs unless it is reasonable to assume the contrary; (c) ‘used PCBs’ means any PCBs which are waste within the meaning of Directive 75/442/EEC; (d) ‘holder’ means the natural or legal person who is in possession of PCBs, used PCBs and/or equipment containing PCBs; (e) ‘decontamination’ means all operations which enable equipment, objects, materials or fluids contaminated by PCBs to be reused, recycled or disposed of under safe conditions, and which may include replacement, meaning all operations in which PCBs are replaced by suitable fluids not containing PCBs; (f) ‘disposal’ means operations D 8, D 9, D 10, D 12 (only in safe, deep, underground storage in dry rock formations and only for equipment containing PCBs and used PCBs which cannot be decontaminated) and D 15 provided for in Annex II A of Directive 75/442/EEC. Article 3 Without prejudice to their international obligations, Member States shall take the necessary measures to ensure that used PCBs are disposed of and PCBs and equipment containing PCBs are decontaminated or disposed of as soon as possible. For the equipment and the PCBs contained therein, which are subject to inventory in accordance with Article 4 (1), decontamination and/or disposal shall be effected at the latest by the end of 2010. Article 4 1. In order to comply with Article 3, Member States shall ensure that inventories are compiled of equipment with PCB volumes of more than 5 dm3, and shall send summaries of such inventories to the Commission at the latest three years after the adoption of this Directive. In the case of power capacitors, the threshold of 5 dm3 shall be understood as including all the separate elements of a combined set. 2. Equipment in respect of which it is reasonable to assume that the fluids contain between 0,05 % and 0,005 % by weight of PCBs may be inventoried without the data required in the third and fourth indents of paragraph 3, and may be labelled as ‘PCBs contaminated < 0,05 %’. They shall be decontaminated or disposed of in accordance with Article 9 (2). 3. The inventories shall comprise the following: — the names and addresses of the holders, — the location and description of the equipment, — the quantity of PCBs contained in the equipment, — the dates and types of treatment or replacement carried out or envisaged, — the dates of declaration. If a Member State has already compiled a similar inventory, a new one shall not be required. Inventories shall be regularly updated. 4. In order to comply with paragraph 1, Member States shall take the necessary measures to ensure that the holders of such equipment notify the competent authorities of the quantities which they hold and of any changes in this respect. 5. Member States shall take the necessary measures to ensure that any equipment which is subject to inventory under paragraph 1 is labelled. A similar label must also be affixed to the doors of premises where such equipment is located. 6. PCB-disposal undertakings shall keep registers of the quantity, origin, nature and PCB content of used PCBs delivered to them. They shall communicate this information to the competent authorities. The registers may be consulted by the local authorities and by the public. The undertakings also issue to holders who deliver used PCBs receipts specifying the nature and the quantity thereof. 7. Member States shall ensure that the competent authorities monitor the quantities of which they are notified. Article 5 1. By way of derogation from Article 3 of Directive 75/442/EEC Member States shall prohibit the separation of PCBs from other substances for the purpose of reusing the PCBs. 2. Member States shall prohibit the topping up of transformers with PCBs. 3. Until such time as they are decontaminated, taken out of service and/or disposed of in accordance with this Directive, the maintenance of transformers containing PCBs may continue only if the objective is to ensure that the PCBs they contain comply with technical standards or specifications regarding dielectric quality and provided that the transformers are in good working order and do not leak. Article 6 1. Member States shall take the necessary measures to ensure that used PCBs and equipment containing PCBs which is subject to inventory in accordance with Article 4 (1) are transferred as soon as possible to undertakings licensed pursuant to Article 8. 2. Before PCBs, used PCBs and/or equipment containing PCBs are taken by a licensed undertaking, all precautions necessary to avoid any risk of fire shall be taken. To this end they shall be kept away from any flammable products. 3. Where reasonably practicable, equipment containing PCBs which is not subject to inventory in accordance with Article 4 (1) and which is part of another piece of equipment shall be removed and collected separately when the latter equipment is taken out of use, recycled or disposed of. Article 7 Member States shall take the necessary measures to prohibit any incineration of PCBs and/or used PCBs on ships. Article 8 1. Member States shall take the necessary measures to ensure that all undertakings engaged in the decontamination and/or the disposal of PCBs, used PCBs and/or equipment containing PCBs obtain permits in accordance with Article 9 of Directive 75/442/EEC. 2. Where incineration is used for disposal, Council Directive 94/67/EC of 16 December 1994 on the incineration of dangerous waste (12) shall apply. Other methods of disposing of PCBs, used PCBs and/or equipment containing PCBs may be accepted provided they achieve equivalent environmental safety standards — compared with incineration — and fulfil the technical requirements referred to as best available techniques. 3. Member States shall individually or jointly take the necessary measures to develop, if appropriate and taking account of Article 4 (3) (a) (ii) of Regulation (EEC) No 259/93/EEC (13) and Article 5 (1) of Directive 75/442/EEC, installations for the disposal, decontamination and safe storage of PCBs, used PCBs and/or equipment containing PCBs. Article 9 1. Member States shall take the necessary measures to ensure that transformers containing more than 0,05 % by weight of PCBs are decontaminated under the following conditions: (a) the objective of the decontamination must be to reduce the level of PCBs to less than 0,05 % by weight and, if possible, to no more than 0,005 % by weight; (b) the replacement fluid not containing PCBs must entail markedly lesser risks; (c) the replacement of the fluid must not compromise the subsequent disposal of the PCBs; (d) the labelling of the transformer after its decontamination must be replaced by the labelling specified in the Annex hereto. 2. By way of derogation from Article 3, Member States shall ensure that transformers the fluids in which contain between 0,05 % and 0,005 % by weight of PCBs are either decontaminated under the conditions laid down in paragraph 1 (b) to (d) or disposed of at the end of their useful lives. Article 10 The Commission, acting in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC: (a) shall fix the reference methods of measurement to determine the PCB content of contaminated materials. Measurements effected before the determination of the reference methods shall remain valid; (b) may fix technical standards for the other methods of disposing of PCBs referred to in the second sentence of Article 8 (2); (c) shall make available a list of the production names of capacitors, resistors and inductance coils, containing PCBs; (d) shall if necessary determine, solely for the purpose of Article 9 (1) (b) and (c) other less hazardous substitutes for PCBs. Article 11 1. Member States shall, within three years of the adoption of this Directive, draw up: — plans for the decontamination and/or disposal of inventoried equipment and the PCBs contained therein; — outlines for the collection and subsequent disposal of equipment which is not subject to inventory in accordance with Article 4 (1), as referred to in Article 6 (3). 2. Member States shall communicate these plans and outlines to the Commission without delay. Article 12 1. Member States shall take the necessary measures to comply with this Directive not later than 18 months after its adoption. They shall forthwith inform the Commission thereof. 2. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 3. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof. Article 13 1. This Directive shall enter into force on the date of its adoption and Directive 76/403/EEC shall be repealed with effect from that date. 2. With effect from the date referred to in paragraph 1: (a) the reference in Article 10 (1) of Directive 87/101/EEC (14) to ‘PCBs and PCTs within the meaning of Directive 76/403/EEC ’ shall be construed as a reference to PCBs within the meaning of this Directive; (b) the reference in Article 10 (2) of Directive 87/101 /EEC to Directive 76/403/EEC shall be construed as a reference to this Directive; (c) the reference in Article 2 (j) of Regulation (EEC) No 259/93 to Article 6 of Directive 76/403/EEC shall be construed as a reference to Article 8 of this Directive. Article 14 This Directive is addressed to the Member States. Done at Brussels, 16 September 1996. For the Council The President I. YATES (1) OJ No C 319, 12. 12. 1988, p. 57. OJ No C 299, 20. 11. 1991, p. 9. (2) OJ No C 139, 5. 6. 1989, p. 1. (3) Opinions of the European Parliament of 17 May 1990 (OJ No C 149, 18. 6. 1990, p. 150) and 12 December 1990 (OJ No C 19, 28. 1. 1991, p. 83). Common position of the Council of 27 November 1995 (OJ No C 87, 25. 3. 1996, p. 1) and Decision of the European Parliament of 22 May 1996 (OJ No C 166, 10. 6. 1996, p. 76). (4) OJ No L 108, 26. 4. 1976, p. 41. (5) OJ No L 262, 27. 9. 1976, p. 201. Directive as last amended by Directive 94/60/EC (OJ No L 365, 31. 12. 1994, p. 1). (6) OJ No C 122, 18. 5. 1990, p. 2. (7) OJ No C 138, 17. 5. 1993, p. 1. (8) OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Commission Decision 94/3/EC (OJ No L 5, 7. 1. 1994, p. 15). (9) Ministerial Meeting of the Oslo and Paris Commissions of 21-22 September 1992. (10) OJ No L 194, 25. 7. 1975, p. 23. Directive as last amended by Directive 91/692/EEC (OJ No L 377, 31. 12. 1991, p. 48). (11) OJ No L 186, 12. 7. 1991, p. 64. (12) OJ No L 365, 31. 12. 1994, p. 34. (13) OJ No L 30, 6. 2. 1993, p. 1. Regulation as amended by Commission Decision 94/721/EC (OJ No L 288, 9. 11. 1994, p. 36). (14) OJ No L 42, 12. 2. 1987, p. 43. ANNEX Labelling of decontaminated PCB equipment Each item of decontaminated equipment must be clearly marked with an indelible and embossed or engraved sign which must include the following information and be worded in the language of the country in which the equipment is used:

Summary: Disposal of polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs) Disposal of polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs) SUMMARY OF: Directive 96/59/EC — disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCTs) WHAT IS THE AIM OF THE DIRECTIVE? It harmonises law on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCBs/PCTs)* and the decontamination or disposal of equipment containing them. KEY POINTS EU countries must ensure that: used PCBs and PCTs and equipment containing them are disposed of as soon as possible; inventories are compiled of equipment containing more than 5 litres of PCBs and PCTs, and summaries of these are sent to the European Commission within 3 years of the legislation’s adoption; companies disposing of PCBs and PCTs are licensed and keep registers of the quantity, origin and nature of the used PCBs and PCTs they receive; safety precautions are in place to prevent any risk of fire to PCBs and PCTs or equipment containing them; PCBs or PCTs are not burned on ships; transformers are not topped up with PCBs or PCTs; transformers containing more than 0.05 % by weight of PCBs or PCTs are decontaminated according to the conditions specified in the legislation; equipment containing more than 5 litres of PCBs and PCTs is decontaminated and/or disposed of at the latest by the end of 2010, except for transformers containing between 0.05 % and 0.005 % by weight of PCBs or PCTs, which can be disposed of at the end of their useful lives. The inventories contain: name and address of the equipment holder; location and description of the equipment; quantity of PCBs or PCTs the equipment contains; dates and types of treatment or replacement carried out or envisaged; date of the declaration. The Commission: fixes the reference methods to measure the PCB and PCT content of contaminated materials; sets technical standards for other ways of disposing of PCBs and PCTs; makes a list available of the production names of electrical equipment, namely capacitors, resistors and inductance coils, containing PCBs and PCTs; determines, if necessary, less hazardous substitutes for PCBs and PCTs. Regulation (EC) No. 850/2004 on persistent organic pollutants (POPs) provides the legal framework for POPs. It is also applicable to PCB, which has been classified as a POP. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 16 September 1996. EU countries had to incorporate it into national law by 16 March 1998. BACKGROUND For more information, see: ‘Polychlorinated biphenyls and polychlorinated terphenyls (PCBs / PCTs)’ on the European Commission's website. * KEY TERMS Polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs): a group of man-made compounds that were widely used in the past, mainly in electrical equipment. They were banned at the end of the 1970s in many countries because of environmental concerns. MAIN DOCUMENT Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ L 243, 24.9.1996, pp. 31-35) Subsequent amendments to Directive 96/59/EC have been incorporated into the basic text. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Decision 2001/68/EC of 16 January 2001 establishing two reference methods of measurement for PCBs pursuant to Article 10(a) of Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCBs/PCTs) (OJ L 23, 25.1.2001, p. 31) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158, 30.4.2004, pp. 7-49) Corrigendum to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158, 30.4.2004) (OJ L 229, 29.6.2004, pp. 5–22) See consolidated version last update 13.02.2017


EUR-Lex - 31995L0050 - EN Avis juridique important | 31995L0050 Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road Official Journal L 249 , 17/10/1995 P. 0035 - 0040 COUNCIL DIRECTIVE 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by roadTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189c of the Treaty (3), Whereas the Community has adopted a number of measures for the establishment of an internal market comprising an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaty; Whereas checks on the transport of dangerous goods by road are carried out in accordance with Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (4) and Council Regulation (EEC) No 3912/92 of 17 December 1992 on controls carried out within the Community in the field of road and inland waterway transport in respect of means of transport registered or put into circulation in a third country (5); Whereas the Council has adopted Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (6); whereas the respective procedures for checking and the definitions relating to this type of transport should accordingly be harmonized in order for compliance with the safety standards laid down therein to be verified more effectively; Whereas the Member States should ensure a sufficient level of checks on the vehicles concerned throughout their territory while, where possible, avoiding the proliferation of such checks; Whereas, in the light of the principle of subsidiarity, Community action is therefore necessary to improve the level of safety of the transport of dangerous goods; Whereas checks should be carried out using a list of common items applicable to such transport throughout the Community; Whereas it is necessary to draw up a list of infringements deemed sufficiently serious by all Member States to result in the application to the vehicles concerned of appropriate measures depending on the circumstances or the requirements of safety, including, where appropriate, refusal to admit the vehicles concerned to the Community; Whereas, in order to improve compliance with saftey standards for the transport of dangerous goods by road, it is necessary to make provision for checks to be carried out in undertakings as a preventive measure or when serious infringements of laws on the transport of dangerous goods have been recorded at the roadside; Whereas the checks in question must apply to all consignments of dangerous goods transported by road wholly or partly within the territory of the Member States, irrespective of the point of departure or the destination of the goods or the country in which the vehicle is registered; Whereas, in the event of serious or repeated infringements, the competent authorities of the Member State in which the vehicle is registered or in which the undertaking is established may be asked to take appropriate measures and whereas they shall inform the requesting Member State of any follow-up measures taken; Whereas the application of this Directive should be monitored on the basis of a report to be submitted by the Commission, HAS ADOPTED THIS DIRECTIVE: Article 1 1. This Directive shall apply to checks carried out by Member States on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a third country. It shall not apply to the transport of dangerous goods by vehicles belonging to or under the responsibility of the armed forces. 2. This Directive shall not, however, affect the Member States' right, with due regard to Community law, to carry out checks on the national and international transport of dangerous goods within their territories performed by vehicles not covered by this Directive. Article 2 For the purposes of this Directive: - 'vehicle` shall mean any motor vehicle intended for use on the road, whether complete or incomplete, which has at least four wheels and a maximum design speed exceeding 25 km/h, together with its trailers, with the exception of vehicles which run on rails, of agricultural and forestry tractors and of all mobile machinery, - 'dangerous goods` shall mean dangerous goods defined as such in Directive 94/55/EC, - 'transport` shall mean any road transport operation performed by a vehicle wholly or partly on public roads within the territory of a Member State, including the loading and unloading of goods covered by Directive 94/55/EC, without prejudice to the arrangements laid down by the laws of the Member States concerning liability in respect of such operations, - 'undertaking` shall mean any natural or legal person, whether or not profit-seeking, any association or group of persons without legal personality, whether or not profit-seeking, and any body coming under a public authority, whether itself possessing legal personality or dependent on an authority having such personality, which carry, load or unload dangerous goods or cause them to be carried and those which temporarily store, collect, package or take delivery of such goods as part of a transport operation and are located in the territory of the Community, - 'check` shall mean any check, control, inspection, verification or formality carried out by the competent authorities for reasons of safety inherent in the transport of dangerous goods. Article 3 1. The Member States shall ensure that a representative proportion of consignments of dangerous goods transported by road is subject to the checks laid down by this Directive, in order to check their compliance with the laws on the transport of dangerous goods by road. 2. Such checks shall be carried out in the territory of a Member State in accordance with Article 3 of Regulation (EEC) No 4060/89 and Article 1 of Regulation (EEC) No 3912/92. Article 4 1. In order to carry out the checks provided for in this Directive, the Member States shall use the checklist in Annex I. A copy of this checklist or a certificate showing the result of the check drawn up by the authority which carried it out shall be given to the driver of the vehicle and presented on request in order to simplify or avoid, where possible, subsequent checks. This paragraph shall not prejudice Member States' right to carry out specific measures for detailed checks. 2. The checks shall be random and shall as far as possible cover an extensive portion of the road network. 3. The places chosen for these checks must permit infringing vehicles to be brought into compliance or, if the authority carrying out the check deems it appropriate to be immobilized on-the-spot or at a place desginated for that purpose by the said authority without causing a safety hazard. 4. Where appropriate and provided that this does not constitute a safety hazard, samples of the goods transported may be taken for examination by laboratories recognized by the competent authority. 5. Checks shall not exceed a reasonable length of time. Article 5 Without prejudice to other penalties which may be imposed, vehicles in respect of which one or more infringements of the rules on the transport of dangerous goods, in particular infringements listed in Annex II, are established may be immobilized either on-the-spot or at a place designated for this purpose by the authorities carrying out the check and required to be brought into conformity before continuing their journey or may be subject to other appropriate measures, depending on the circumstances or the requirements of safety including, where appropriate, refusal to allow such vehicles to enter the Community. Article 6 1. Checks may also be carried out at the premises of undertakings, as a preventive measure or where infringements which jeopardize safety in the transport of dangerous goods have been recorded at the roadside. 2. The purpose of such checks shall be to ensure that safety conditions for the transport of dangerous goods by road comply with the relevant laws. Where one or more infringements, in particular those listed in Annex II, have been established in respect of the transport of dangerous goods by road, the transport in question shall be brought into conformity before the goods leave the undertaking or shall be subject to other appropriate measures. Article 7 1. Member States shall assist one another in order to give proper effect to this Directive. 2. Serious or repeated infringements jeopardizing the safety of the transport of dangerous goods committed by a non-resident vehicle or undertaking must be reported to the competent authorites in the Member State in which the vehicle is registered or in which the undertaking is established. The competent authorities of the Member State in which serious or repeated infringements have been recorded may ask the competent authorities of the Member State in which the vehicle is registered or in which the undertaking is established for appropriate measures to be taken with regard to the offender or offenders. The latter competent authorities shall notify the competent authorities of the Member State in which the infringements were recorded of any measures taken with regard to the transporter or the undertaking. Article 8 If the findings of a roadside check on a vehicle registered in another Member State give grounds for believing that serious or repeated infringements have been committed which cannot be detected in the course of that check in the absence of the necessary data, the competent authorities of the Member States concerned shall assist one another in order to clarify the situation. Where, to that end, the competent Member State carries out a check in the undertaking, the other Member States concerned shall be notified of the results. Article 9 1. Each Member State shall send the Commission for each calendar year not later than twelve months after the end of that year a report, drawn up in accordance with the model in Annex III, on the application of this Directive, including the following particulars: - if possible, determined or estimated volume of dangerous goods transported by road (in tonnes transported or in tonnes/kilometres), - number of checks carried out, - number of vehicles checked by place of registration (vehicles registered nationally, in other Member States or in third countries), - number and types of infringements recorded, - type and number of penalties imposed. 2. The Commission shall send the European Parliament and the Council, for the first time in 1999 and subsequently at least every three years, a report on the application of this Directive by the Member States, stating the particulars in accordance with paragraph 1 above. Article 10 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1997. They shall forthwith inform the Commission thereof. When these provisions are adopted by the Member States, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States. 2. Member States shall communicate to the Commission the text of the essential provisions of domestic law which they adopt in the field governed by this Directive. Article 11 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 12 This Directive is addressed to the Member States. Done at Luxembourg, 6 October 1995. For the Council The President J. BORRELL FONTELLES ANNEX I >START OF GRAPHIC>CHECKLIST 1. Place of check 2. Date 3. Time 4. Vehicle nationality mark and registration number 5. Trailer/semi-trailer nationality mark and registration number 6. Type of vehicle lorry road train articulated vehicle with platform 7. Undertaking carrying out transport/address 8. Nationality 9. Driver 10. Driver's mate 11. Consignor, address, place of loading (1) 12. Consignee, address, place of unloading (1) 13. Gross mass of dangerous goods by transport unit 14. Marginal 10 011 quantity limit exceeded Yes No 15. Carried out by fixed tank removable tank tank container battery of receptacles in bulk container package On board document(s) 16. Transport/accompanying document(s) inspected infringement established not applicable 17. Written instructions inspected infringement established not applicable 18. Bilateral/multilateral agreement/national authorization inspected infringement established not applicable 19. Vehicle approval certificate inspected infringement established not applicable 20. Driver's training certificate inspected infringement established not applicable Circulation of vehicle 21. Goods authorized for transport inspected infringement established not applicable 22. Bulk goods inspected infringement established not applicable 23. Tank transport inspected infringement established not applicable 24. Container transport inspected infringement established not applicable 25. Authorized goods for type of vehicle inspected infringement established not applicable 26. Prohibition of mixed loading inspected infringement established not applicable 27. Handling and storage (2) inspected infringement established not applicable 28. Leakage of goods or damage to package (2) inspected infringement established not applicable 29. UN number/package labelling/UN packaging code (1) (2) inspected infringement established not applicable 30. Vehicle and/or container marking inspected infringement established not applicable 31. Tank or bulk transport hazard label(s) inspected infringement established not applicable Vehicle equipment 32. Tool set for temporary repairs inspected infringement established not applicable 33. At least one scotch per vehicle inspected infringement established not applicable 34. Two orange-coloured lights inspected infringement established not applicable 35. Fire extinguisher(s) inspected infringement established not applicable 36. Driver's personal protective equipment inspected infringement established not applicable 37. Miscellaneous/remarks 38. Authority/officer having carried out the inspection >END OF GRAPHIC> ANNEX II INFRINGEMENTS For the purposes of this Directive, the following in particular shall be regarded as infringements: 1. goods not authorized for transport; 2. absence of consignor's declaration on the conformity of the goods and their packaging with transport regulations; 3. vehicles which, on checking, display leaks of dangerous substances due to the lack of leakproof integrity of tanks or packages; 4. vehicles with no type-approval certificate or with a non-regulation certificate; 5. vehicles lacking appropriate orange panels or with non-regulation orange panels; 6. vehicles without safety instructions or with inappropriate ones; 7. inappropriate vehicle or packaging; 8. driver without a regulation vocational training certificate for the carriage of dangerous goods by road; 9. vehicles lacking fire extinguishers; 10. vehicles or packages without regulation danger labels; 11. vehicles lacking transport/accompanying documents, or with particulars relating to the dangerous goods on board which are not in compliance with the regulations; 12. vehicles not covered by a bilateral/multilateral agreement or not in compliance with the agreement; 13. overfilling of tank. ANNEX III MODEL STANDARD FORM FOR THE REPORT TO BE SENT TO THE COMMISSION CONCERNING INFRINGEMENTS AND PENALTIES >START OF GRAPHIC>Country: Year: .................... Roadside checks Place of registration of vehicles (1) Country of check Other EU Member States Third countries Total number Number of vehicles checked Number of infringements noted according to type of infringement Number and type of penalties imposed (1) For the purposes of this Annex the country of registration is that of the motor vehicle. >END OF GRAPHIC>

Summary: Checks on the transport of dangerous goods by road Checks on the transport of dangerous goods by road SUMMARY OF: Directive 95/50/EC — uniform procedures for checks on the transport of dangerous goods by road WHAT IS THE AIM OF THE DIRECTIVE? It introduces a uniform EU-wide system of random checks of vehicles transporting dangerous goods by road to ensure high levels of safety. KEY POINTS The directive applies to checks carried out by EU countries on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a non-EU country. It does not apply to the transport of dangerous goods under the responsibility of the armed forces. These checks are carried out in the territory of an EU country, provided that they are not carried out as frontier checks at the internal frontiers of the EU, but as part of normal checks without discrimination. The directive has 3 annexes: Annex I — the checklist that needs to be completed during an inspection;Annex II — a list and categorisation of infringements (for example, Category I includes transport of goods not authorised for transport, absence of a consignor’s declaration on the conformity of the goods and their packaging with transport legislation, inappropriate vehicle or packaging, etc.);Annex III — model standard form for the report to be sent by the EU country to the European Commission concerning infringements and penalties recorded nationally. Checks must: cover at least the items included in the checklist in Annex I;be carried out at different places, at any time of the day; andcover a sufficiently extensive portion of the road network to make checkpoints difficult to avoid. EU countries’ authorities may immobilise consignments that do not comply. They may oblige them to be brought into conformity before continuing their journey or make them subject to other appropriate measures, depending on the circumstances or the safety requirements. This may include, where appropriate, refusal to allow such vehicles to enter the EU. Checks may also be carried out at business premises. EU countries must work together to implement this directive effectively (report infringements to the country in which the carrier is registered, share information, etc.). Each EU country must send the Commission a report for each calendar year on the application of the directive, including the particulars listed in the directive, such as: the estimated volume of dangerous goods transported by road (in tonnes transported or in tonnes/kilometres);the number of checks carried out and the number of vehicles checked by place of registration (vehicles registered nationally, in other EU countries, or in non-EU countries);the number and categories of infringements recorded;the type and number of penalties imposed. Every 3 years, the Commission must send the European Parliament and the Council a report on the application of the directive by the EU countries. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 17 October 1995 and had to become law in the EU countries by 1 January 1997. BACKGROUND For more information, see: Dangerous goods (European Commission). MAIN DOCUMENT Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road (OJ L 249, 17.10.1995, pp. 35-40) Successive amendments to Directive 95/50/EC have been incorporated in the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Report from the Commission to the European Parliament and the Council on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road (COM(2017) 112 final, 6.3.2017) Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, pp. 13-59) See consolidated version. last update 03.12.2018


EUR-Lex - 31995R1484 - EN Avis juridique important | 31995R1484 Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing additional import duties in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC Official Journal L 145 , 29/06/1995 P. 0047 - 0051 COMMISSION REGULATION (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing additional import duties in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organization of the market in eggs (1), as last amended by the Act of Accession of Austria, Finland and Sweden and by Council Regulation (EC) No 3290/94 (2), and in particular Articles 5 (4) and 15 thereof, Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization of the market in poultrymeat (3), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94, and in particular Articles 5 (4) and 15 thereof, Having regard to Council Regulation (EEC) No 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin (4), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94, and in particular Article 3 (4) and 10 thereof, Whereas Regulations (EEC) No 2771/75, (EEC) No 2777/75 and (EEC) No 2783/75 provide that from 1 July 1995 imports of one or more of the products falling under these Regulations at the rate of duty of the Common Customs Tariff shall be subject to the payment of an additional import duty if certain conditions set out in the Agreement on Agriculture concluded in the framework of the Uruguay Round of multilateral trade negotiations have been fulfilled, unless the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective; whereas these additional import duties may be imposed in particular if the import prices fall below the trigger prices; Whereas, therefore, specific implementing rules should be laid down for the poultrymeat and egg sectors as well as for egg albumin and the trigger prices should be published; Whereas the import prices to be taken into consideration for imposing an additional import duty should be checked against the representative prices on the world market or on the Community import market for the products in question; whereas it is necessary that Member States communicate the prices at various stages of marketing at regular intervals in order to be able to determine the representative prices and the corresponding additional duties; Whereas the importer may choose that the additional duty is calculated on a basis which is different from the representative price; whereas, however, in that case there should be provision for the lodging of a security equal to the amount of additional duty which he would have paid if the additional duty had been determined on the basis of the representative price; whereas the security will be reimbursed if, within a certain time limit, proof is provided that the conditions for the disposal of the consignment have been met; whereas, as part of a posteriori checks, additional duty due will be recovered pursuant to Article 220 of Council Regulation (EEC) No 2913/92 (5) establishing the Community customs code; whereas it is only fair that, within the framework of such checks, interest will be added to the duty due; Whereas the provisions of Commission Regulation No 163/67/EEC of 26 June 1967 on fixing the additional amount for imports of poultry-farming products from third countries (6), as last amended by Regulation (EEC) No 3821/92 (7), are replaced by the provisions of this Regulation; whereas the aforementioned Regulation should, therefore, be replaced as from the date of entry into force of the Agreement on Agriculture of the Uruguay Round; Whereas it results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors as well as for egg albumin that additional duties should be imposed on the import of certain products, taking into account variation of prices according to origin; whereas, therefore, representative prices and corresponding additional duties should be published for those products; Whereas additional duties may not be imposed in particular on products imported within tariff quotas agreed upon in the framework of the Uruguay Round of multilateral trade negotiations; Whereas the Management Committee for Poultrymeat and Eggs has not delivered an opinion within the time limit set by the chairman, HAS ADOPTED THIS REGULATION: Article 1 The additional import duties referred to in Article 5 (1) of Regulations (EEC) No 2771/75 and (EEC) No 2777/75 and in Article 3 (1) of Regulation (EEC) No 2783/75, hereinafter referred to as 'additional duties`, are applied to the products listed in Annex I and originating in the countries indicated therein. The corresponding trigger prices referred to in Article 5 (2) of Regulations (EEC) No 2771/75 and (EEC) No 2777/75 and in Article 3 (2) of Regulation (EEC) No 2783/75 are shown in Annex II. Article 2 1. The representative prices referred to in the second subparagraph of Article 5 (3) of Regulation (EEC) No 2771/75 and (EEC) No 2777/75 and in the second subparagraph of Article 3 (3) of Regulation (EEC) No 2783/75, shall be determined at regular intervals taking into account in particular: - the prices on third country markets, - free-at-Community-frontier offer prices, - prices at the various stages of marketing in the Community for imported products. These prices are shown in Annex I. 2. The Member States shall communicate to the Commission, each Monday, the prices referred to at the third indent of paragraph 1 for representative shipments of products listed in Annex II. Article 3 1. At the request of the importer the additional duty may be established on the basis of the cif import price of the consignment in question, if this price is higher than the applicable representative price, referred to in Article 2 (1). The application of the cif import price of the consignment in question for establishing the additional duty is subject to the presentation by the interested party to the competent authorities of the importing Member State of at least the following proofs: - the purchasing contract, or any other equivalent document, - the insurance contract, - the invoice, - the certificate of origin (where applicable), - the transport contract, - and, in the case of sea transport, the bill of lading. 2. In the case referred to in paragraph 1, the importer must lodge the security referred to in Article 248 (1) of Commission Regulation (EEC) No 2454/93 (1), equal to the amount of additional duty which he would have paid if the calculation of the additional duty had been made on the basis of the representative price applicable to the product in question. The importer shall have one month from the sale of the products in question, subject to a limit of four months from the date of acceptance of the declaration of release for free circulation, to prove that the consignment was disposed of under conditions confirming the correctness of the prices referred to in paragraph 1. Failure to meet one or other of these deadlines shall entail the loss of the security lodged. However, the time limit of four months may be extended by the competent authorities by a maximum of three months at the request of the importer, which must be duly substantiated. The security lodged shall be released to the extent that proof of the conditions of disposal is provided to the satisfaction of the customs authorities. Otherwise, the security shall be forfeit by way of payment of the additional duties. If on verification the competent authorities establish that the requirements of this Article have not been met, they shall recover the duty due in accordance with Article 220 of Regulation (EEC) No 2913/92. The amount of the duty to be recovered or remaining to be recovered shall include interest from the date the goods were released for free circulation up to the date of recovery. The interest rate applied shall be that in force for recovery operations under national law. 3. In the absence of the request referred to in paragraph 1, the import price of the consignment in question to be taken into consideration for imposing an additional duty shall be the representative price referred to in Article 2 (1). Article 4 1. If the difference between the trigger price in question refered to in Article 1 (2) and the import price to be taken into consideration for imposing an additional duty in accordance with Article 3 (1) of (3): (a) is less than or equal to 10 % of the trigger price, no additional duty shall be imposed; (b) is greater than 10 % but less than or equal to 40 % of the trigger price, the additional duty shall equal 30 % of the amount by which the difference exceeds 10 %; (c) is greater than 40 % but less than or equal to 60 % of the trigger price, the additional duty shall equal 50 % of the amount by which the difference exceeds 40 %, plus the additional duty allowed under (b); (d) is greater than 60 % but less than or equal to 75 %, the additional duty shall equal 70 % of the amount by which the difference exceeds 60 % of the trigger price, plus the additional duties allowed under (b) and (c); (e) is greater than 75 % of the trigger price, the additional duty shall equal 90 % of the amount by which the difference exceeds 75 %, plus the additional duties allowed under (b), (c) and (d). 2. The additional duties corresponding to the representative prices laid down in accordance with Article 2 (1) are shown in Annex I. Article 5 If necessary, the Commission may, at the request of a Member State or on its own initiative, adjust Annex I. However, the Commission may adjust the representative prices only if these prices are at least 5 % different from the determined prices. Article 6 The additional duties laid down in Annex I shall not apply to imports in the framework of Commission Regulation (EC) No 1431/94 (1) and (EC) No 1474/95 (2). Article 7 Regulation No 163/67/EEC is repealed. Article 8 This Regulation shall enter into force on 1 July 1995. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 June 1995. For the Commission Franz FISCHLER Member of the Commission ANNEX I >TABLE> ANNEX II >TABLE>

Summary: Import duties in the poultry meat and egg sectors Import duties in the poultry meat and egg sectors SUMMARY OF: Regulation (EC) No 1484/95 — rules for implementing the system of additional import duties and fixing additional import duties in the poultry meat and egg sectors and for egg albumin WHAT IS THE AIM OF THE REGULATION? It sets out detailed rules for implementing the system of additional import duties and fixing representative prices in the poultry meat and egg sectors and for egg albumin. KEY POINTS Import, representative and trigger prices The import prices to consider when imposing an additional import duty are based on the cost, insurance and freight (CIF) price. This is the price of a good delivered at the frontier of the importing country, before the payment of any import duties or other taxes on imports or trade and transport margins within the country. This is checked against the representative prices* (listed in Annex I) which the European Commission determines on the basis of the data provided by the European Union (EU) Member States. The trigger prices, at which additional import duty becomes payable, are listed in Annex II. When the CIF import price per 100 kg of a consignment is higher than the representative price, the importer must present at least the following proofs to the competent authorities of the importing Member State: purchasing contract (or an equivalent document), insurance contract, invoice, certificate of origin (where applicable), transport contract, bill of lading (in case of sea transport). The importer must also lodge a security payment that is equal to the difference between the amount of additional import duty calculated on the basis of the representative price, and the amount of additional import duty calculated on the basis of the CIF import price. The importer has 2 months from the sale of the products in question — subject to a 9-month limit (extendable by up to 3 months in justified cases) from the date the declaration of release for free circulation was accepted — to prove that the consignment was disposed of under conditions confirming the correctness of the prices referred to above. The security payment may be waived if the customs authorities are satisfied with the proof of conditions of disposal. If these requirements are not met, the duty that is due must be recovered, including interest. Duty payable If the difference between the trigger price and the CIF import price is: 1.less than or equal to 10% of the trigger price — no additional duty is payable; 2.greater than 10% but less than or equal to 40% of the trigger price — the additional duty will be 30% of the amount by which the difference exceeds 10%; 3.greater than 40% but less than or equal to 60% of the trigger price — the additional duty will be 50% of the amount by which the difference exceeds 40%, plus the additional duty allowed under (2); 4.greater than 60% but less than or equal to 75% of the trigger price — the additional duty will be 70% of the amount by which the difference exceeds 60% of the trigger price, plus the additional duties allowed under (2) and (3); 5.greater than 75% of the trigger price — the additional duty will be 90% of the amount by which the difference exceeds 75%, plus the additional duties allowed under (2), (3) and (4). Scope The additional import duties apply to the products listed in Annex I to the regulation and originating in the countries indicated therein. If necessary, the Commission may, at the request of a Member State or on its own initiative, add or remove the countries of origin or goods to which additional import duties apply in Annex I, and, if the prices are at least 5% different from the determined price, adjust the representative prices. The regulation repeals Regulation No 163/67/EEC. FROM WHEN DOES THE REGULATION APPLY? It has applied since 1 July 1995. BACKGROUND See also: Poultry (European Commission) EU import conditions for poultry and poultry products — factsheet (European Commission) Eggs (European Commission). KEY TERMS Representative price. A price determined at regular intervals taking into account in particular:- the prices on third country markets,- free-at-Community-frontier offer prices,- prices at the various stages of marketing in the Community for imported products. MAIN DOCUMENT Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing additional import duties in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, pp. 47–51). Successive amendments to Regulation (EC) No 1484/95 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, pp. 1–142). See consolidated version. Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (OJ L 84, 31.3.2016, pp. 1–208). See consolidated version. Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, pp. 671–854). See consolidated version. last update 06.12.2021


EUR-Lex - 31993L0051 - EN Avis juridique important | 31993L0051 Commission Directive 93/51/EEC of 24 June 1993 establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and moving within such a protected zone Official Journal L 205 , 17/08/1993 P. 0024 - 0025 Finnish special edition: Chapter 3 Volume 51 P. 0186 Swedish special edition: Chapter 3 Volume 51 P. 0186 COMMISSION DIRECTIVE 93/51/EEC of 24 June 1993 establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and moving within such a protected zoneTHE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Directive 93/19/EEC (2), and in particular Article 6 (7) first and second indent, Whereas the application of the Community plant health regime to the Community as an area without internal frontiers, includes the recognition of 'protected zones' established for certain plants, plant products or other objects in respect of one or more harmful organisms; Whereas, under the provisions of Directive 77/93/EEC, with effect from 1 June 1993, plants, plant products or other objects listed in Annex V, part A, section II may not be introduced into a specified protected zone or move therein, unless a plant passport valid for that zone and officially issued in accordance with the provisions of Article 10 (1) of the said Directive is attached to them, to their packaging or to the vehicles transporting them; whereas these provisions shall not apply if certain guarantees in respect of the movement of plants, plant products or other objects through a protected zone established for the said plants, plant products or other objects in respect of one or more harmful organisms, are fulfilled; and whereas these provisions may be satisfied by less stringent conditions than those laid down in Article 6 (4) of the said Directive in respect of such plants, plant products or other objects originating in and moving within such a protected zone; Whereas, in the absence of generally accepted guarantees, these should be laid down, taking account of the typical conditions under which the said movements are carried out, such that adequate plant health security is ensured; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, HAS ADOPTED THIS DIRECTIVE: Article 1 1. Member States shall ensure that the conditions laid down in paragraph 2 are met, when plants, plant products or other objects listed in Annex V, part A, section II of Directive 77/93/EEC, originating outside a protected zone established for the said plants, plant products or other objects in respect of one or more harmful organisms pursuant to Article 2 (1) (h) of Directive 77/93/EEC, are moved through such zone for final destination outside the zone, and without a plant passport valid for that zone. 2. The following conditions shall be met: (a) the packaging used or, where appropriate, the vehicles transporting the plants, plant products or other objects referred to in paragraph 1, shall be clean and free from the relevant organisms referred to in paragraph 1, and of such a nature as to ensure that there is no risk of harmful organisms spreading; (b) immediately after packaging, the packaging or, where appropriate, the vehicles transporting the said plants, plant products or other objects shall be secured according to stringent plant health standards to ensure that there is no risk of harmful organisms spreading in the relevant protected zone and that the identity will remain unchanged and to the satisfaction of the responsible official bodies referred to in Directive 77/93/EEC, and remain secured during transportation through the relevant protected zone; (c) the plants, plant products or other objects referred to in paragraph 1, shall be accompanied by a document which is normally used for trade purposes, indicating that the said products originate outside the relevant protected zone and have a destination outside the relevant protected zone. 3. If during an official check, organized pursuant to Article 11 (7) of Directive 77/93/EEC, and carried out at a place within the relevant zone, it is found that the requirements laid down under Article 1 (2) are not met, the following official measures shall be taken immediately, as appropriate, and without prejudice to the measures to be taken if the plants, plant products or other objects do not meet the conditions laid down by Directive 77/93/EEC: - sealing of the packaging, - transportation, under official control, of the plants, plant products or other objects to a destination outside the relevant protected zone. Article 2 1. Member States shall lay down that less stringent conditions shall apply to those plants, plant products or other objects listed in Annex V, part A, section II of Directive 77/93/EEC originating in and moving within a protected zone established for the said plants, plant products or other objects in respect of one or more harmful organisms. 2. For the purpose of paragraph 1 the following less stringent condition may apply: the official examinations referred to in Article 6 (4) of the said Directive may be satisfied by the conditions laid down in the detailed rules for surveys in Commission Directive 92/70/EEC of 30 July 1992 for the purposes of the recognition of protected zones in the Community (3). Article 3 1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive on the date referred to in Article 3 (1) of Council Directive 91/683/EEC (4). They shall forthwith inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. 2. Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof. Article 4 This Directive is addressed to the Member States. Done at Brussels, 24 June 1993. For the Commission René STEICHEN Member of the Commission (1) OJ No L 26, 31. 1. 1977, p. 20. (2) OJ No L 96, 22. 4. 1993, p. 33. (3) OJ No L 250, 29. 8. 1992, p. 37. (4) OJ No L 376, 31. 12. 1991, p. 29.

Summary: Movement of certain plants and plant products through protected zones Movement of certain plants and plant products through protected zones SUMMARY OF: Directive 93/51/EEC — movements of certain plant and plant-related materials through a protected zone and movements of such materials originating in and moving within such a protected zone WHAT IS THE AIM OF THE DIRECTIVE? It seeks to complement plant health rules (currently contained in Directive 2000/29/EC) to guard against the introduction into designated protected zones* of the EU of organisms harmful to plants or plant products to counter their spread. These organisms include insects, nematodes (a worm of the large phylum Nematoda, such as a roundworm or threadworm) and bacteria. This directive allows EU countries to permit certain plants to be moved in or through protected zones without the need for a plant passport valid for the appropriate protected zone so long as specific conditions are met. KEY POINTS EU countries may request the designation of special protection from harmful organisms for all or part of their territory. A protected zone is defined in relation to a particular harmful organism. The general rules state that plants, plant products or other objects (e.g. certain types of wood or soil) which are potential carriers of harmful organisms of relevance for certain protected zones must be accompanied by a plant passport valid for the appropriate zone when introduced into or moved within that zone. However, in respect of the movement through a protected zone of plants, plant products or other objects originating outside the zone, Directive 93/51/EEC lays down the following conditions: the packaging and the vehicles used to transport the plants must be clean and free from the relevant organisms and be of an appropriate type to ensure there is no risk of harmful organisms spreading;immediately after packaging and loading, the packaging or vehicle used must be secured so there is no risk of harmful organisms spreading in the protected zone; they must remain secured during transport;the plant materials must be accompanied by a document, normally used for trade purposes, indicating that the products originate outside the protected zone and have a destination outside the protected zone. Where an official check takes place and it is found that the above conditions have not been met, the packaging is sealed and the plant materials are transported under official control outside the protected zone. Similar conditions apply to plant materials originating in and moving within a given protected zone. However, the official checks may be satisfied by meeting the conditions laid down in the detailed rules for surveys undertaken for the purposes of identifying protected zones (Directive 92/70/EEC). These detailed surveys are carried out annually and involve taking samples of plants, plant products and the growing medium in the zones in question. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 24 July 1993 and it had to become law in the EU countries by 1 June 1993 (the date referred to in Council Directive 91/683/EEC, an act which was subsequently repealed and replaced by Council Directive 2000/29/EC). BACKGROUND For more information, see: Protected zones (European Commission). KEY TERMS Protected zone: designated on the basis that there is danger that a particular harmful organism could become established due to favourable environmental conditions. MAIN DOCUMENT Commission Directive 93/51/EEC of 24 June 1993 establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and moving within such a protected zone (OJ L 205, 17.8.1993, pp. 24-25) RELATED DOCUMENTS Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, pp. 4-104) Commission Regulation (EC) No 690/2008 of 4 July 2008 recognising protected zones exposed to particular plant health risks in the Community (Recast) (OJ L 193, 22.7.2008, pp. 1-6) Successive amendments to Directive 2000/29/EC have been incorporated into the original text. This consolidated version is of documentary value only. Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, pp. 1-112) See consolidated version. Commission Directive 92/70/EEC of 30 July 1992 laying down detailed rules for surveys to be carried out for purposes of the recognition of protected zones in the Community (OJ L 250, 29.8.1992, pp. 37-39) last update 28.02.2018


EUR-Lex - 31996Y0919(03) - EN Avis juridique important | 31996Y0919(03) Council Resolution of 30 November 1994 relating to the limitations on the admission of third-country nationals to the territory of the Member States for the purpose of pursuing activities as self-employed persons Official Journal C 274 , 19/09/1996 P. 0007 - 0009 Annex I.2COUNCIL RESOLUTION of 30 November 1994 relating to the limitations on the admission of third-country nationals to the territory of the Member States for the purpose of pursuing activities as self-employed persons THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article K.1 thereof, HEREBY ADOPTS THIS RESOLUTION: A. General considerations on policy 1. The Council recalls that, in the report on immigration and asylum policy by the Ministers responsible for immigration adopted by the European Council held in Maastricht in 1991, priority was given to the harmonization of policies on admission for the purposes of pursuing self-employed occupation. In principle, these policies are restrictive. In any case, existing obligations and future developments for example in GATT, GATS and OECD agreements must be taken into account. 2. The Council notes that the 1994 programme of priority work in the field of justice and home affairs, adopted by the Council at its meeting in Brussels on 29 and 30 November 1993, included, as a priority measure, a decision to conclude work in the field of the admission of self-employed persons. 3. The Council welcomes the progress achieved as a result of the signing of the final act and agreements under the Uruguay Round in Marrakesh on 15 April 1994 towards free international trade for the promotion of investment and the creation of jobs. 4. The Council takes the view that, to a certain extent, the question of the admission of persons for the purposes of pursuing a salaried activity and that of the admission of self-employed persons can be treated distinctly. The admission of persons for the purpose of an independent economic activity who add value (investment, innovation, transfer of technology, job creation) to the economy of the host country is of benefit. Artists exercising an independent activity of significance may also be admitted. 5. The Council considers that third-country nationals should not be admitted to a Member State for the purposes of pursuing an independent economic activity when the latter is of no economic benefit to that State or any of its regions. 6. The Council considers it necessary to ensure that persons who are attempting to find employment in a dependent working relationship are not admitted as self-employed persons. 7. The Council also considers that it is necessary to avoid persons establishing themselves and embarking on a self-employed occupation without having the appropriate qualifications and/or financial means and to avoid their entering into a dependent working relationship. 8. The Council agrees not to deal in this resolution with the question of third-country nationals legally resident on a permanent basis in the territory of a Member State although they do not have the right to admission or residence in another Member State. It agrees to examine this question at a later date. 9. The Council accordingly agrees that the national policies of Member States in respect of third-country nationals seeking admission to, or permission to remain in, their territories in order to engage in a self-employed occupation should be governed by the principles set out below, which may not be relaxed by Member States in their national legislation. It agrees to have regard to these principles in any proposals for the revision of national legislation. The Member States will further endeavour to seek to ensure by 1 January 1996 that national legislation is in conformity with such principles. The principles are not legally binding on Member States and do not afford a ground for action by individuals. 10. The Council agrees that there shall be a regular review of the transposition of this resolution and of the need for amendments to it. 11. The Council also confirms that the application of these principles is no bar to the application of national rules on law and order, public health and national security. B. Persons to whom this resolution does not apply The harmonization principles do not apply to: - persons who have right of free movement under Community law, i. e. nationals of Member States, nationals of EFTA countries parties to the Agreement on the European Economic Area and members of their families, - third-country nationals who have been allowed admission for the purpose of family reunification to join nationals of a Member State or a third-country resident in the Member State concerned, - third-country nationals whose access to employment is covered by rights stemming from agreements concluded with third countries which are governed by Community law and by bilateral and multilateral agreements, such as GATT, GATS or OECD agreements, - third-country nationals entering the Member States in order to engage in paid employment. Such persons are covered by the principles set out in the resolution on limitations on admissions of third-country nationals to the Member States for employment adopted by the Council on 20 and 21 June 1994, - third-country nationals entering the Member States for study purposes. Such persons are covered by the principles to be set out in the resolution on the admission of third-country nationals to the Member States for study purposes. C. General principles Point 1 1. This Resolution concerns only individuals and does not affect the setting up of firms. 2. 'Activity as a self-employed person` means any activity carried out in a personal capacity or in the legal form of a company or firm within the meaning of the second paragraph of Article 58 of the EC Treaty without being answerable to an employer in either case. 3. Only those associates actively involved and whose presence is necessary in pursuing the company's or firm's aims and in its management may be authorized to establish themselves in the host Member State's territory. In cases where those associates do not have a majority or substantial shareholding in the company or firm, Member States may reserve the right not to admit them except in the case of salaried persons when they have received authorization to work. Point 2 1. Member States may allow third-Country nationals wishing to pursue activities as self-employed persons to enter their territory where it has been duly established that that activity will produce the benefits referred to in Section A (4) or corresponds to the activity referred to in the last sentence of Section A (4) as required by each Member State and that general legal provisions governing entry and residence have been complied with. 2. The admission procedure should ensure that persons who quite obviously wish to engage in paid employment or whose partnership or directorship amounts to disguised paid employment are not admitted as self-employed persons. Without prejudice to the application of point 8 (2), once admitted, the admission to activities as a self-employed person does not extend to looking for or accepting a job on the labour market. Point 3 1. Requests for admission must be submitted to the authorities of the host Member State which are competent under national law through the consular or diplomatic representation of the State or through another national competent authority designated for this purpose in the home country or the country of origin of the person seeking admission to pursue activities as a self-employed person. 2. Requests for admission must be accompanied by information which can be used to assess whether the planned activity meets the preconditions referred to under point 2, and also by documentary evidence that the activity will be carried out in accordance with the relevant national legislation. 3. The following could, for example, be required for assessing the preconditions referred to under point 2 in accordance with national legislation: - documents indicating the nature, scale and duration of the activity in which the person wishes to engage, - documents indicating the number of staff likely to be required, - a description of the premises where the activity will be carried out, which should be appropriate for it, - evidence of the funds available for the intended purpose. 4. The following could for example be required for assessing compliance with legislation in force, in accordance with national legislation: - proof that the self-employed person meets the conditions of the host Member State regarding professional qualifications and access to the occupation, - in the case of companies or firms, the instrument of incorporation, evidence of publication or registration thereof, and the names of the directors and managerial staff and of the associates authorized to act on their behalf, - proof such as police documentation or similar documents, showing the integrity of the person concerned. Point 4 1. Authorization to engage in a self-employed occupation will be granted in accordance with the provisions of national aliens' legislation and in writing, for example in the form of a passport stamp or other document. Such authorization will be personal and non-transferable. 2. The validity of the initial authorization may be limited in time. Upon application, it may be extended for a further period and/or be of unlimited validity, if the conditions for access continue to obtain as provided for in national legislation. Point 5 1. All requests for renewal must, where so required under Member States' national legislation, be accompanied by documentary evidence that the self-employed person offers guarantees for the continued orderly pursuit of his occupation. 2. At least at the time when any renewal application referred to under point 4 (2) is submitted, a check may be made on the bona fide nature of the activity engaged in, whether it still corresponds to the activity for which authorization was given, the ability of the person concerned to support himself by the income from that activity and its continuing compliance with the preconditions referred to under point 2 (1). 3. Any further checks which Member States may make thereafter could in principle be limited. Point 6 1. Under the conditions laid down by national law, Member States may grant third-country nationals wishing to provide a service, leave to enter their territory with authorization to carry out the relevant work for the performance of the service. 2. 'Service provider` means a self-employed person (residing abroad) whose services are sought by a person residing in a Member State in order to carry out, against remuneration, a specific task over a specific period. Point 7 Persons already present in the territory of a Member State as students, trainees, seasonal workers, service providers, contract workers or for other reasons will not as a general rule be permitted to extend their stay for the purpose of establishing themselves as self-employed persons. Such persons must leave the country once the purpose of stay on the basis of which they were given leave to enter the country has ceased to apply. Point 8 1. In principle, care must be taken to ensure that persons admitted to pursue activities as self-employed persons do not eventually enter into a paid employment relationship. 2. Member States may allow self-employed persons who have acquired the right to long-term/permanent residence to seek where appropriate a work permit in order to obtain paid employment. Point 9 The spouse and unmarried children under a maximum age, varying between 16 and 18 years depending on the Member State concerned, of a self-employed person will in principle be admitted to join that person, subject to the conditions set out in the resolution concerning family reunification adopted by the Ministers responsible for immigration questions of the European Union on 1 June 1993. Point 10 1. Member States' arrangements enabling them to refuse admission on grounds of public security and public order shall not be affected by this resolution. 2. The provisions of this resolution shall not affect Member States' provisions governing trades and professions or arrangements concerning the mutual recognition of vocational qualifications. Point 11 Nothing in this resolution prevents a Member State from reserving the right to admit, subject to its national law, third-country nationals who make very substantial investments in the commerce and industry of that Member State where there are strong economic reasons justifying exemption from those principles in this resolution that limit the business activities in which the third-country national is engaged.

Summary: Limitations on the admission of third-country nationals for the purpose of pursuing activities as self-employed persons Limitations on the admission of third-country nationals for the purpose of pursuing activities as self-employed persons 1) OBJECTIVE To lay down principles to guide the Member States in the application of the policy on admission for the purpose of pursuing activities as self-employed persons. 2) UNION MEASURES Council resolution of 30 November 1994 relating to the limitations on the admission of third-country nationals for the purpose of pursuing activities as self-employed persons. 3) CONTENTS The Council recalls that, in the report on immigration and asylum adopted by the Maastricht European Council in 1991, priority was given to the harmonisation of policies on admission for the purpose of pursuing self-employed occupation. The 1994 work programme in the field of justice and home affairs also included, as a priority measure, a decision to conclude the deliberations on the admission of self-employed persons. The approach adopted by the Member States (Part A of the resolution) is to admit, for the purpose of pursuing self-employed occupation, only those third-country nationals who add value (investment, transfer of technology, job creation) to the economy of the host country. The general criteria for examining requests for admission of third-country nationals in search of employment are set out in Part C of the resolution. The main criterion is that Member States may allow third-country nationals wishing to pursue activities as self-employed persons to enter their territory where it has been duly established that that activity will benefit the economy of the host State. Part C contains guidelines on the admission procedure. The admission procedure should ensure that persons who quite obviously wish to engage in paid employment or whose partnership or directorship amounts to disguised paid employment are not admitted as self-employed persons. Requests for admission must be accompanied by the following: documents indicating the nature, scale and duration of the activity the person wishes to engage in; documents indicating the number of staff likely to be required; a description of the premises where the activity will be carried out; such premises must be appropriate for the activity concerned; evidence of the funds available for the intended purpose. The following could for example be required for assessing compliance with legislation in force, in accordance with national legislation: proof that the self-employed person meets the conditions of the host Member State regarding professional qualifications and access to the occupation; in the case of companies or firms, the instrument of incorporation, evidence of publication or registration thereof, and the names of the directors and managerial staff of the associates authorised to act on their behalf; proof such as police documentation or similar documents, showing the integrity of the person concerned. Authorisation to engage in a self-employed activity will be granted in accordance with the provisions of national aliens legislation and in writing, for example in the form of a passport stamp or other document. Such authorisation will be personal and non-transferable. All requests for renewal must, where so required under Member States' national legislation, be accompanied by documentary evidence that the self-employed person offers guarantees for the continued orderly pursuit of his occupation. Persons already present in the territory of a Member State as students, trainees, seasonal workers, service providers, contract workers or for other reasons will not as a general rule be permitted to extend their stay for the purpose of establishing themselves as self-employed persons. Such persons must leave the country once the purpose of stay on the basis of which there were given leave to enter the country has ceased to apply. Nothing in the resolution prevents any Member State from reserving the right to admit to its territory, in compliance with its national legislation, third-country nationals who make substantial investments in the commerce and industry of that Member State if there are important economic grounds for derogating from the principles of the resolution. The resolution concerns only individuals and does not affect the setting up of firms. "Activity as a self-employed person" means any activity carried out in a personal capacity or in the legal form of a company or firm within the meaning of the second subparagraph of Article 58 of the EC Treaty, without the person concerned being answerable to an employer in either case. Only those associates who are actively involved and whose presence is essential to the achievement of the company's or firm's aims and to its management may be authorised to establish themselves in the host Member State's territory. The resolution does not apply to (Part B of the resolution): persons who have right of free movement under Community law and members of their families; third-country nationals who have been allowed admission for the purpose of family reunification. third-country nationals whose access to employment is covered by rights stemming from agreements concluded with third countries which are governed by Community law; third-country nationals entering the Member States in order to engage in paid employment; third-country nationals entering the Member States for study purposes. 4) deadline for implementation of the legislation in member states 5) date of entry into force (if different from the above) 09.10.1996 6) references Official Journal C 274 of 19.09.1996 7) follow-up work 8) implementing measures Last updated: 12.07.2005