EUR-Lex - 31971R2821 - EN Avis juridique important | 31971R2821 Regulation (EEC) No 2821/71 of the Council of 20 December 1971 on application of Article 85 (3) of the Treaty to categories of agreements, decisions and concerted practices Official Journal L 285 , 29/12/1971 P. 0046 - 0048 Finnish special edition: Chapter 8 Volume 1 P. 0043 Danish special edition: Series I Chapter 1971(III) P. 0896 Swedish special edition: Chapter 8 Volume 1 P. 0043 English special edition: Series I Chapter 1971(III) P. 1032 Greek special edition: Chapter 08 Volume 1 P. 0088 Spanish special edition: Chapter 08 Volume 2 P. 0014 Portuguese special edition Chapter 08 Volume 2 P. 0014 REGULATION (EEC) No 2821/71 OF THE COUNCIL of 20 December 1971 on application of Article 85 (3) of the Treaty to categories of agreements, decisions and concerted practices THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 87 thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament; Having regard to the Opinion of the Economic and Social Committee; Whereas Article 85 (1) of the Treaty may in accordance with Article 85 (3) be declared inapplicable to categories of agreements, decisions and concerted practices which fulfil the conditions contained in Article 85 (3); Whereas the provisions for implementation of Article 85 (3) must be adopted by way of regulation pursuant to Article 87; Whereas the creation of a common market requires that undertakings be adapted to the conditions of the enlarged market and whereas co-operation between undertakings can be a suitable means of achieving this; Whereas agreements, decisions and concerted practices for co-operation between undertakings which enable the undertakings to work more rationally and adapt their productivity and competitiveness to the enlarged market may, in so far as they fall within the prohibition contained in Article 85 (1), be exempted therefrom under certain conditions ; whereas this measure is necessary in particular as regards agreements, decisions and concerted practices relating to the application of standards and types, research and development of products or processes up to the stage of industrial application, exploitation of the results thereof and specialisation; Whereas it is desirable that the Commission be enabled to declare by way of regulation that the provisions of Article 85 (1) do not apply to those categories of agreements, decisions and concerted practices, in order to make it easier for undertakings to co-operate in ways which are economically desirable and without adverse effect from the point of view of competition policy; Whereas it should be laid down under what conditions the Commission, in close and constant liaison with the competent authorities of the Member States, may exercise such powers; Whereas under Article 6 of Regulation No 17 1 the Commission may provide that a decision taken in accordance with Article 85 (3) of the Treaty shall apply with retroactive effect ; whereas it is desirable that the Commission be empowered to issue regulations whose provisions are to the like effect; Whereas under Article 7 of Regulation No 17 agreements, decisions and concerted practices may by decision of the Commission be exempted from prohibition, in particular if they are modified in such manner that Article 85 (3) applies to them ; whereas it is desirable that the Commission be enabled to grant by regulation like exemption to such agreements, decisions and concerted practices if they are modified in such manner as to fall within a category defined in an exempting regulation; Whereas the possibility cannot be excluded that, in a specific case, the conditions set out in Article 85 (3) may not be fulfilled ; whereas the Commission must have power to regulate such a case in pursuance of Regulation No 17 by way of decision having effect for the future; 1OJ No 13, 21.2.1962, p. 204/62. HAS ADOPTED THIS REGULATION: Article 1 1. Without prejudice to the application of Regulation No 17 the Commission may, by regulation and in accordance with Article 85 (3) of the Treaty, declare that Article 85 (1) shall not apply to categories of agreements between undertakings, decisions of associations of undertakings and concerted practices which have as their object: (a) the application of standards or types; (b) the research and development of products or processes up to the stage of industrial application, and exploitation of the results, including provisions regarding industrial property rights and confidential technical knowledge; (c) specialisation, including agreements necessary for achieving it. 2. Such regulation shall define the categories of agreements, decisions and concerted practices to which it applies and shall specify in particular: (a) the restrictions or clauses which may, or may not, appear in the agreements, decisions and concerted practices; (b) the clauses which must be contained in the agreements, decisions and concerted practices or the other conditions which must be satisfied. Article 2 1. Any regulation pursuant to Article 1 shall be made for a specified period. 2. It may be repealed or amended where circumstances have changed with respect to any of the facts which were basic to its being made ; in such case, a period shall be fixed for modification of the agreements, decisions and concerted practices to which the earlier regulation applies. Article 3 A regulation pursuant to Article 1 may provide that it shall apply with retroactive effect to agreements, decisions and concerted practices to which, at the date of entry into force of that regulation, a decision issued with retroactive effect in pursuance of Article 6 of Regulation No 17 would have applied. Article 4 1. A regulation pursuant to Article 1 may provide that the prohibition contained in Article 85 (1) of the Treaty shall not apply, for such period as shall be fixed by that regulation, to agreements, decisions and concerted practices already in existence on 13 March 1962 which do not satisfy the conditions of Article 85 (3), where: - within six months from the entry into force of the regulation, they are so modified as to satisfy the said conditions in accordance with the provisions of the regulation ; and - the modifications are brought to the notice of the Commission within the time limit fixed by the regulation. 2. Paragraph 1 shall apply to agreements, decisions and concerted practices which had to be notified before 1 February 1963, in accordance with Article 5 of Regulation No 17, only where they have been so notified before that date. 3. The benefit of the provisions laid down pursuant to paragraph 1 may not be claimed in actions pending at the date of entry into force of a regulation adopted pursuant to Article 1 ; neither may it be relied on as grounds for claims for damages against third parties. Article 5 Before making a regulation, the Commission shall publish a draft thereof to enable all persons and organisations concerned to submit their comments within such time limit, being not less than one month, as the Commission shall fix. Article 6 1. The Commission shall consult the Advisory Committee on Restrictive Practices and Monopolies: (a) before publishing a draft regulation; (b) before making a regulation. 2. Paragraphs 5 and 6 of Article 10 of Regulation No 17, relating to consultation with the Advisory Committee, shall apply by analogy, it being understood that joint meetings with the Commission shall take place not earlier than one month after dispatch of the notice convening them, Article 7 Where the Commission, either on its own initiative or at the request of a Member State or of natural or legal persons claiming a legitimate interest, finds that in any particular case agreements, decisions or concerted practices to which a regulation made pursuant to Article 1 of this Regulation applies have nevertheless certain effects which are incompatible with the conditions laid down in Article 85 (3) of the Treaty, it may withdraw the benefit of application of that regulation and take a decision in accordance with Articles 6 and 8 of Regulation No 17, without any notification under Article 4 (1) of Regulation No 17 being required. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 December 1971. For the Council The President M. PEDINI

Summary: Competition: exemptions for certain agreements between competing firms Competition: exemptions for certain agreements between competing firms SUMMARY OF: Regulation (EEC) No 2821/71 on the application of the EU Treaty to categories of agreements, decisions and concerted practices SUMMARY WHAT DOES THE REGULATION DO? The European Commission may grant individual exemptions to certain agreements, decisions and concerted practices that meet the conditions of Article 81(3) of the Treaty establishing the European Community (EC Treaty) (now Article 101(3) of the Treaty on the Functioning of the European Union (TFEU)). It may also grant block exemptions by way of regulation. This regulation enables the Commission to exempt certain agreements, decisions and concerted practices by way of a block exemption. Scope This regulation enables the Commission to apply, by way of regulation, Article 101(3) TFEU to certain agreements, decisions and concerted practices which have as their object: the research and development of products or processes and exploitation of the results, including provisions regarding industrial property rights and confidential technical knowledge; specialisation, including agreements necessary for achieving it. Conditions for the exemption regulations The exemption regulations laid down by the Commission must meet a number of conditions. They must: contain a definition of the categories of agreements, decisions and concerted practices to which they apply and specify the restrictions, clauses or other conditions which may appear in them; apply for a limited period, although they may be amended or repealed; apply with retroactive effect to agreements which, at their date of entry into force, might have benefited from a decision issued with retroactive effect under Article 6 of Regulation No 17 (EEC) which was replaced by Council Regulation (EC) No 1/2003. The regulations concerned must comply with the following approval procedure: a draft must be published to enable all persons and organisations concerned to submit their comments to the Commission; the Commission must consult the Advisory Committee on Restrictive Practices and Monopolies before publishing a draft or adopting a regulation; where the Commission, either on its own initiative or at the request of a European Union (EU) country or of natural or legal persons, finds that, in any particular case, agreements, decisions or concerted practices to which an exemption regulation applies nevertheless have certain effects which are incompatible with the conditions laid down in Article 101 (3), it may adopt a decision withdrawing the benefit of the regulation. FROM WHEN DOES THE REGULATION APPLY? It entered into force on 18 January 1972. In applicant countries, this regulation enters into force on the date of the country’s accession to the EU. ACT Regulation (EEC) No 2821/71 of the Council of 20 December 1971 on application of Article 85(3)) of the Treaty to categories of agreements, decisions and concerted practices(OJ L 285, 29.12.1971, p. 46–48) Successive amendments to Regulation (EEC) No 2821/71 have been incorporated in the original text. This consolidated version is of documentary value only. RELATED ACTS Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, pp. 1–25). See consolidated version. last update 04.01.2016


EUR-Lex - 32004L0042 - EN Avis juridique important | 32004L0042 Directive 2004/42/CE of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC Official Journal L 143 , 30/04/2004 P. 0087 - 0096 Directive 2004/42/CE of the European Parliament and of the Councilof 21 April 2004on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/ECTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission,Having regard to the Opinion of the European Economic and Social Committee(1),Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),Whereas:(1) Directive 2001/81/EC of the European Parliament and the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants(3) sets national ceilings for emissions of certain pollutants, including volatile organic compounds (hereinafter: "VOCs"), to be attained by 2010 as part of the Community's integrated strategy to combat acidification and ground-level ozone, but does not include limit values for emissions of those pollutants from specific sources.(2) In order to comply with the national ceiling for emissions of VOCs, Member States have to target a number of different categories of sources of these emissions.(3) This Directive complements measures taken at national level in order to ensure compliance with the ceiling for emissions of VOCs.(4) In the absence of Community provisions, legislation in the Member States imposing limit values for VOCs in certain categories of products might differ. Such disparities, together with the absence of such legislation in some Member States, would be liable to create unnecessary barriers to trade and distortion of competition within the internal market.(5) National laws and provisions which, for the purposes of combating ground-level ozone, establish limit values for the content of VOCs in the products covered by this Directive therefore need to be harmonised in order to ensure that they do not restrict the free movement of these products.(6) Since the objective of the proposed action, namely reducing emissions of VOCs, cannot be sufficiently achieved by the Member States, because emissions of VOCs in one Member State affect air quality in other Member States and reductions of VOC emissions can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.(7) The VOC content of paints, varnishes and vehicle refinishing products gives rise to significant emissions of VOCs into the air, which contribute to the local and transboundary formation of photochemical oxidants in the boundary layer of the troposphere.(8) The VOC content of certain paints and varnishes and vehicle refinishing products should therefore be reduced as much as is technically and economically feasible taking into account climatic conditions.(9) A high level of environmental protection requires the setting and achievement of content limit values for VOCs used in products covered by this Directive.(10) Provision should be made for transitional measures for products produced before the requirements of this Directive come into force.(11) Member States should be able to grant individual licences for the sale and purchase for specific purposes of products in strictly limited quantities which do not comply with the solvent limit values established by this Directive.(12) This Directive complements Community provisions on the labelling of chemical substances and preparations.(13) The protection of the health of consumers and/or workers and the protection of the working environment should not fall within the scope of this Directive, and measures taken by Member States for these purposes should therefore not be affected by this Directive.(14) Content limit values need to be monitored in order to determine whether the mass concentrations of VOCs found in each category of paints, varnishes and vehicle refinishing products covered by this Directive are within the permitted limits.(15) As the VOC content of products used for certain vehicle refinishing activities are now regulated under this Directive, Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations(4) should be amended accordingly.(16) Member States should, nevertheless, be able to maintain or introduce national measures for the control of emissions from vehicle refinishing activities involving the coating of road vehicles as defined in Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5), or part of them, carried out as part of vehicle repair, conservation or decoration outside of manufacturing installations.(17) This Directive should not apply to products sold for exclusive use in installations authorised according to Directive 1999/13/EC where emission limiting measures provide alternative means of achieving at least equivalent VOC emission reductions.(18) The Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.(19) Member States should report to the Commission on the experience gained in the application of this Directive.(20) A review should be made both of the scope for reducing the VOC content of products outside the scope of this Directive and the possibility of further reducing the VOC limit values already provided for.(21) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6),HAVE ADOPTED THIS DIRECTIVE:Article 1Purpose and scope1. The purpose of this Directive is to limit the total content of VOCs in certain paints and varnishes and vehicle refinishing products in order to prevent or reduce air pollution resulting from the contribution of VOCs to the formation of tropospheric ozone.2. To achieve the objective set out in paragraph 1, this Directive approximates the technical specifications for certain paints and varnishes and vehicle refinishing products.3. This Directive shall apply to the products set out in Annex I.4. This Directive does not prejudice or affect measures, including labelling requirements, taken at Community or national level to protect the health of consumers and of workers and their working environment.Article 2DefinitionsFor the purposes of this Directive, the following definitions shall apply:1. "Competent authority" means the authority or authorities or bodies responsible under the legal provisions of the Member States for carrying out the obligations arising from this Directive;2. "Substances" means any chemical element and its compounds, as they occur in the natural state or as produced by industry, whether in solid or liquid or gaseous form;3. "Preparation" means mixtures or solutions composed of two or more substances;4. "Organic compound" means any compound containing at least the element carbon and one or more of hydrogen, oxygen, sulphur, phosphorus, silicon, nitrogen, or a halogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;5. "Volatile organic compound (VOC)" means any organic compound having an initial boiling point less than or equal to 250°C measured at a standard pressure of 101,3 kPa;6. "VOC content" means the mass of volatile organic compounds, expressed in grams/litre (g/l), in the formulation of the product in its ready to use condition. The mass of volatile organic compounds in a given product which react chemically during drying to form part of the coating shall not be considered part of the VOC content;7. "Organic solvent" means any VOC which is used alone or in combination with other agents to dissolve or dilute raw materials, products, or waste materials, or is used as a cleaning agent to dissolve contaminants, or as a dispersion medium, or as a viscosity adjuster, or as a surface tension adjuster, or as a plasticiser, or as a preservative;8. "Coating" means any preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application, which is used to provide a film with decorative, protective or other functional effect on a surface;9. "Film" means a continuous layer resulting from the application of one or more coats to a substrate;10. "Water-borne coatings (WB)" means coatings the viscosity of which is adjusted by the use of water;11. "Solvent-borne coatings (SB)" means coatings the viscosity of which is adjusted by the use of organic solvent;12. "Placing on the market" means making available to third parties, whether in exchange for payment or not. Importation into the Community customs territory shall be deemed to be placing on the market for the purposes of this Directive.Article 3Requirements1. Member States shall ensure that the products set out in Annex I are placed on the market within their territory after the dates laid down in Annex II only if they have a VOC content not exceeding the limit values set out in Annex II and comply with Article 4.For determining compliance with the VOC content limit values set out in Annex II, the analytical methods referred to in Annex III shall be used.For products set out in Annex I to which solvents or other components containing solvents have to be added in order for the product to be ready for use, the limit values in Annex II shall apply to the VOC content of the product in its ready for use condition.2. By way of derogation from paragraph 1, Member States shall exempt from compliance with the above requirements products sold for exclusive use in an activity covered by Directive 1999/13/EC and carried out in a registered or authorised installation according to Articles 3 and 4 of that Directive.3. For the purposes of restoration and maintenance of buildings and vintage vehicles designated by competent authorities as being of particular historical and cultural value, Member States may grant individual licences for the sale and purchase in strictly limited quantities of products which do not meet the VOC limit values laid down in Annex II.4. Products falling under the scope of this Directive which are shown to be produced before the dates laid down in Annex II and do not fulfil the requirements of paragraph 1 may be placed on the market for a period of 12 months following the date on which the requirement applying to the product in question comes into force.Article 4LabellingMember States shall ensure that the products set out in Annex I carry a label when they are placed on the market. The label shall indicate:(a) the subcategory of the product and the relevant VOC limit values in g/l as referred to in Annex II;(b) the maximum content of VOC in g/l of the product in a ready to use condition.Article 5Competent authorityMember States shall designate a competent authority responsible for fulfilling the obligations laid down in this Directive, and shall inform the Commission thereof not later than 30 April 2005.Article 6MonitoringMember States shall set up a monitoring programme for the purpose of verifying compliance with this Directive.Article 7ReportingMember States shall report the results of the monitoring programme to demonstrate compliance with the Directive and the categories and quantities of products licensed according to Article 3(3). The first two reports shall be submitted to the Commission 18 months after the dates for compliance with the VOC content limit values laid down in Annex II; subsequently a report shall be submitted every five years. The Commission shall develop in advance a common format for the submission of monitoring data in accordance with the procedure referred to in Article 12(2). Annual data shall be made available to the Commission upon request.Article 8Free circulationMember States shall not, on the grounds dealt with in this Directive, prohibit, restrict or prevent the placing on the market of products falling under the scope of this Directive which, in their ready for use condition, comply with the requirements of this Directive.Article 9ReviewThe Commission is invited to submit to the European Parliament and the Council:1. by 2008 at the latest, a report based on the results of the review referred to in Article 10 of Directive 2001/81/EC. This report shall examine:(a) the broad scope and potential for making reductions in the VOC content of products outside the scope of this Directive including aerosols for paints and varnishes;(b) the possible introduction of a further (phase II) reduction in the VOC content of vehicle refinishing products;(c) any new element relating to the socio-economic impact of the application of phase II as foreseen for paints and varnishes;2. at the latest 30 months after the date of implementation of the VOC content limit values of Annex II phase II, a report taking account, in particular, of the reports referred to in Article 7 and of any technological developments in the manufacture of paints, varnishes and vehicle refinishing products. This report shall examine the broad scope and potential for making further reductions in VOC content of products inside the scope of this Directive, including the possible distinction between paints used for interiors and exteriors in subcategories (d) and (e) of Annex I, point 1.1. and Annex II, section A.These reports shall be accompanied, if appropriate, by proposals to amend this Directive.Article 10PenaltiesMember States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take the necessary measures to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those rules and measures to the Commission by 30 October 2005 at the latest, and shall notify it without delay of any subsequent amendment affecting them.Article 11Adaptation to technical progressAny amendments necessary in order to adapt Annex III to take account of technical progress shall be adopted by the Commission in accordance with the procedure referred to in Article 12(2).Article 12Committee1. The Commission shall be assisted by the committee established by Article 13 of Council Directive 1999/13/EC, hereinafter referred to as "the Committee".2. Where reference is made to this paragraph Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 13Amendment of Directive 1999/13/EC1. Directive 1999/13/EC is hereby amended as follows:in Annex I, in the section entitled "Vehicle refinishing", the following indent shall be deleted:"- the coating of road vehicles as defined in Directive 70/156/EEC, or part of them, carried out as part of vehicle repair, conservation or decoration outside of manufacturing installations, or".2. Notwithstanding paragraph 1, Member States may maintain or introduce national measures for the control of emissions from vehicle-refinishing activities deleted from the scope of Directive 1999/13/EC.Article 14Transposition1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 October 2005 at the latest, and shall immediately inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted.Article 15Entry into force of the DirectiveThis Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 16AddresseesThis Directive is addressed to the Member States.Done at Strasbourg, 21 April 2004.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentD. Roche(1) OJ C 220, 16.9.2003, p. 43.(2) Opinion of the European Parliament of 25 September 2003 (not yet published in the Official Journal), Council Common Position of 7 January 2004 (OJ C 79 E, 30.3.2004, p. 1), and Position of the European Parliament of 30 March 2004 (not yet published in the Official Journal).(3) OJ L 309, 27.11.2001, p. 22.(4) OJ L 85, 29.3.1999, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).(5) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2004/3/EC of the European Parliament and of the Council (OJ L 49, 19.2.2004, p. 36).(6) OJ L 184, 17.7.1999, p. 23.ANNEX ISCOPE1. For the purposes of this Directive, paints and varnishes means products listed in the subcategories below, excluding aerosols. They are coatings applied to buildings, their trim and fittings, and associated structures for decorative, functional and protective purpose.1.1. Subcategories:a) "matt coatings for interior walls and ceilings" means coatings designed for application to indoor walls and ceilings with a degree of gloss <= 25@60°.b) "glossy coatings for interior walls and ceilings" means coatings designed for application to indoor walls and ceilings with a degree of gloss > 25@60o.c) "coatings for exterior walls of mineral substrate" means coatings designed for application to outdoor walls of masonry, brick or stucco;d) "interior/exterior trim and cladding paints for wood, metal or plastic" means coatings designed for application to trim and cladding which produce an opaque film. These coatings are designed for either a wood, metal or a plastic substrate. This subcategory includes undercoats and intermediate coatings;e) "interior/exterior trim varnishes and woodstains" means coatings designed for application to trim which produce a transparent or semi-transparent film for decoration and protection of wood, metal and plastics. This subcategory includes opaque woodstains. Opaque woodstains means coatings producing an opaque film for the decoration and protection of wood, against weathering, as defined in EN 927-1, within the semi-stable category;f) "minimal build woodstains" means woodstains which, in accordance with EN 927-1:1996, have a mean thickness of less than 5µm when tested according to ISO 2808: 1997, method 5A;g) "primers" means coatings with sealing and/or blocking properties designed for use on wood or walls and ceilings;h) "binding primers" means coatings designed to stabilise loose substrate particles or impart hydrophobic properties and/or to protect wood against blue stain;i) "one-pack performance coatings" means performance coatings based on film-forming material. They are designed for applications requiring a special performance, such as primer and topcoats for plastics, primer coat for ferrous substrates, primer coat for reactive metals such as zinc and aluminium, anticorrosion finishes, floor coatings, including for wood and cement floors, graffiti resistance, flame retardant, and hygiene standards in the food or drink industry or health services;j) "two-pack performance coatings" means coatings with the same use as one-performance coatings, but with a second component (e.g. tertiary amines) added prior to application;k) "multicoloured coatings" means coatings designed to give a two-tone or multiple-colour effect, directly from the primary application;l) "decorative effect coatings" means coatings designed to give special aesthetic effects over specially prepared pre-painted substrates or base coats and subsequently treated with various tools during the drying period.2. For the purposes of this Directive, "vehicle refinishing products" means products listed in the subcategories below. They are used for the coating of road vehicles as defined in Directive 70/156/EEC, or part of them, carried out as part of vehicle repair, conservation or decoration outside of manufacturing installations.2.1. Subcategories:a) "preparatory and cleaning" means products designed to remove old coatings and rust, either mechanically or chemically, or to provide a key for new coatings:(i) preparatory products include gunwash (a product designed for cleaning spray-guns and other equipment), paint strippers, degreasers (including anti-static types for plastic) and silicone removers;(ii) "precleaner" means a cleaning product designed for the removal of surface contamination during preparation for and prior to the application of coating materials;b) "Bodyfiller/stopper" means heavy-bodied compounds designed to be applied to fill deep surface imperfections prior to the application of the surfacer/filler;c) "primer" means any coating that is designed for application to bare metal or existing finishes to provide corrosion protection prior to application of a primer surfacer:(i) "surfacer/filler" means a coating designed for application immediately prior to the application of topcoat for the purpose of corrosion resistance, to ensure adhesion of the topcoat, and to promote the formation of a uniform surface finish by filling in minor surface imperfections;(ii) "general metal primer" means a coating designed for application as primers, such as adhesion promoters, sealers, surfacers, undercoats, plastic primers, wet-on-wet, non-sand fillers and spray fillers;(iii) "wash primer" means coatings containing at least 0,5 % by weight of phosphoric acid designed to be applied directly to bare metal surfaces to provide corrosion resistance and adhesion; coatings used as weldable primers; and mordant solutions for galvanised and zinc surfaces;d) "topcoat" means any pigmented coating that is designed to be applied either as a single-layer or as a multiple-layer base to provide gloss and durability. It includes all products involved such as base coatings and clear coatings:(i) "base coatings" means pigmented coatings designed to provide colour and any desired optical effects, but not the gloss or surface resistance of the coating system;(ii) "clear coating" means a transparent coating designed to provide the final gloss and resistance properties of the coating system;e) "special finishes" means coatings designed for application as topcoats requiring special properties, such as metallic or pearl effect, in a single layer, high-performance solid-colour and clear coats, (e.g. anti-scratch and fluorinated clear- coat), reflective base coat, texture finishes (e.g. hammer), anti-slip, under-body sealers, anti-chip coatings, interior finishes; and aerosols.ANNEX II>TABLE>>TABLE>ANNEX IIIMETHODS REFERRED TO IN ARTICLE 3.1>TABLE>

Summary: Emissions of volatile organic compounds in paints, varnishes and vehicle refinishing products Emissions of volatile organic compounds in paints, varnishes and vehicle refinishing products SUMMARY OF: Directive 2004/42/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products WHAT IS THE AIM OF THIS DIRECTIVE? This directive, known as the ‘Paints Directive’ aims to limit the total content of volatile organic compounds (VOCs*) due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products. This would prevent or reduce air pollution resulting from the contribution of VOCs to forming ozone in the troposphere, the lowest layer of the earth’s atmosphere. KEY POINTS The directive defines the technical specifications for certain paints and varnishes (excluding aerosols) and vehicle refinishing products. They are principally coatings applied to buildings or vehicles. These products are listed in subcategories in Annex I of the directive. This directive complements Regulation (EC) No 1272/2008 on the labelling of chemical substances and preparations and places the responsibility on EU countries to ensure that the products concerned are on sale only when they have a VOC content which does not exceed the limits set out in Annex II of the directive (ranging from 30 to 750 grams/litre (g/l) for paints and varnishes) and comply with the labelling requirements. The label must indicate: the subcategory of the product and the relevant VOC limit values in g/l; the maximum content of VOC in g/l of the product in a ready-to-use condition. Annex II of the directive also lists maximum VOC content limit values for vehicle refinishing products. The European Commission will adapt this list to take account of technical progress. EU countries must report the results of the monitoring programme to demonstrate compliance with the directive and the categories and quantities of products licensed. It must be reported to the Commission every 5 years. Countries must permit the free circulation of these products which, in their ready-for-use condition, comply with the directive’s requirements. They must also set penalties for infringing national rules adopted in line with the directive and make sure they are enforced. The Commission submitted this report to the European Parliament and the Council, examining: the broad potential to make reductions in the VOC content of products outside the directive’s scope, including aerosols for paints and varnishes; the possible introduction, in a second phase, of a further reduction in the VOC content of vehicle refinishing products; any new aspect of the socioeconomic impact of the second phase as envisioned for paints and varnishes. The Commission also submitted a report taking account of technological developments in the manufacture of paints, varnishes and vehicle refinishing products. This report examines the broad scope and potential for making further reductions in VOC content of products within the scope of the directive, including the possible distinction between paints used for interiors and exteriors. The Paints Directive amended the previous VOC Solvent Emissions Directive (Directive 1999/13/EC which has since been repealed by 2010/75/EU, the Industrial Emissions Directive) removing the sub-activity of ‘Vehicle Refinishing’ (the painting of road vehicles carried out as part of vehicle repair, conservation or decoration away from manufacturing installations) from its scope. This activity now comes under the scope of the Paints Directive. As an exception (‘derogation’), such compliance is not required for paints, varnishes and vehicle refinishing products to be used: for activities listed in Annex VII (Part I) to Directive 2010/75/EU and regulated in accordance with its Chapter V, or for the restoration and maintenance of buildings and vintage vehicles of historical and cultural value. The monitoring and reporting requirements are, from 16 July 2021, repealed and replaced by Regulation (EU) 2019/1020 on a national market surveillance strategy. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 30 April 2004 and had to become law in the EU countries by 30 October 2005. BACKGROUND For more information, see: The Paints Directive (European Commission). KEY TERMS Volatile organic compound (VOC): any organic compound with high vapour pressure at ordinary room temperature, and a boiling point below 250°C, causing large numbers of molecules to evaporate and enter the surrounding air. MAIN DOCUMENT Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC (OJ L 143, 30.4.2004, pp. 87-96) Successive amendments to Directive 2004/42/EC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, pp. 1-44) Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, pp. 1-31) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast) (OJ L 334, 17.12.2010, pp. 17-119) Successive amendments to Directive 2010/75/EU have been incorporated into the original text. This consolidated version is of documentary value only. Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, pp. 1-1355) See consolidated version. Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ L 309, 27.11.2001, pp. 22-30) See consolidated version. last update 25.10.2019


EUR-Lex - 31999L0063 - EN Avis juridique important | 31999L0063 Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) - Annex: European Agreement on the organisation of working time of seafarers Official Journal L 167 , 02/07/1999 P. 0033 - 0037 COUNCIL DIRECTIVE 1999/63/ECof 21 June 1999concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and, in particular Article 139(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) following the entry into force of the Treaty of Amsterdam, the provisions of the Agreement on social policy annexed to the Protocol 14 on social policy, annexed to the Treaty establishing the European Community, as amended by the Treaty of Maastricht, have been incorporated into Articles 136 to 139 of the Treaty establishing the European Community;(2) management and labour ("the social partners"), may in accordance with Article 139(2) of the Treaty, request jointly that agreements at Community level be implemented by a Council decision on a proposal from the Commission;(3) the Council adopted Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time(1); whereas sea transport was one of the sectors of activity excluded from the scope of that Directive;(4) account should be taken of the relevant Conventions of the International Labour Organisation with regard to the organisation of working time, including in particular those relating to the hours of work of seafarers;(5) the Commission, in accordance with Article 3(2) of the Agreement on social policy, has consulted management and labour on the possible direction of Community action with regard to the sectors and activities excluded from Directive 93/104/EC;(6) after that consultation the Commission considered that Community action was desirable in that area, and once again consulted management and labour at Community level on the substance of the envisaged proposal in accordance with Article 3(3) of the said Agreement;(7) the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) informed the Commission of their desire to enter into negotiations in accordance with Article 4 of the Agreement on social policy;(8) the said organisations concluded, on 30 September 1998, an Agreement on the working time of seafarers; this Agreement contains a joint request to the Commission to implement the Agreement by a Council decision on a proposal from the Commission, in accordance with Article 4(2) of the Agreement on social policy;(9) the Council, in its resolution of 6 December 1994 on certain aspects for a European Union social policy: a contribution to economic and social convergence in the Union(2) asked management and labour to make use of the opportunities for concluding agreements, since they are close to social reality and to social problems;(10) the Agreement applies to seafarers on board every seagoing ship, whether publicly or privately owned, which is registered in the territory of any Member State and is ordinarily engaged in commercial maritime operations;(11) the proper instrument for implementing the Agreement is a Directive within the meaning of Article 249 of the Treaty; it therefore binds the Member States as to the result to be achieved, whilst leaving national authorities the choice of form and methods;(12) in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community; this Directive does not go beyond what is necessary for the attainment of those objectives;(13) with regard to terms used in the Agreement which are not specifically defined therein, this Directive leaves Member States free to define those terms in accordance with national law and practice, as is the case for other social policy Directives using similar terms, providing that those definitions respect the content of the Agreement;(14) the Commission has drafted its proposal for a Directive, in accordance with its communication of 20 May 1998 on adapting and promoting the social dialogue at Community level, taking into account the representative status of the signatory parties and the legality of each clause of the Agreement;(15) the Commission informed the European Parliament and the Economic and Social Committee, in accordance with its communication of 14 December 1993 concerning the application of the Agreement on social policy, by sending them the text of its proposal for a Directive containing the Agreement;(16) the implementation of the Agreement contributes to achieving the objectives under Article 136 of the Treaty,HAS ADOPTED THIS DIRECTIVE:Article 1The purpose of this Directive is to put into effect the Agreement on the organisation of working time of seafarers concluded on 30 September 1998 between the organisations representing management and labour in the maritime sector (ECSA and FST) as set out in the Annex hereto.Article 2Minimum requirements1. Member States may maintain or introduce more favourable provisions than those laid down in this Directive.2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive. This shall be without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are adhered to.Article 3Transposition1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2002, or shall ensure that, by that date at the latest, management and labour have introduced the necessary measures by agreement, the Member States being required to take any necessary measure to enable them at any time to be in a position to guarantee the results imposed by this Directive. They shall forthwith inform the Commission thereof.2. When Member States adopt the provisions referred to in the first paragraph, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by the Member States.Article 4AddresseesThis Directive is addressed to the Member States.Done at Luxembourg, 21 June 1999.For the CouncilThe PresidentL. SCHOMERUS(1) OJ L 307, 13.12.1993, p. 18.(2) OJ C 368, 23.12.1994, p. 6.ANNEXEUROPEAN AGREEMENTon the organisation of working time of seafarersHaving regard to the Agreement on social policy annexed to the Protocol on social policy attached to the Treaty establishing the European Community and in particular Articles 3(4) and 4(2) thereof;Whereas Article 4(2) of the Agreement on social policy provides that agreements concluded at European level may be implemented at the joint request of the signatory parties by a Council Decision on a proposal from the Commission;Whereas the signatory parties hereby make such a request,THE SIGNATORY PARTIES HAVE AGREED THE FOLLOWING:Clause 11. The Agreement applies to seafarers on board every seagoing ship, whether publicly or privately owned, which is registered in the territory of any Member State and is ordinarily engaged in commercial maritime operations. For the purpose of this Agreement a ship that is on the register of two States is deemed to be registered in the territory of the State whose flag it flies.2. In the event of doubt as to whether or not any ships are to be regarded as seagoing ships or engaged in commercial maritime operations for the purpose of the Agreement, the question shall be determined by the competent authority of the Member State. The organisations of shipowners and seafarers concerned should be consulted.Clause 2For the purpose of the Agreement:(a) the term "hours of work" means time during which a seafarer is required to do work on account of the ship;(b) the term "hours of rest" means time outside hours of work; this term does not include short breaks;(c) the term "seafarer" means any person who is employed or engaged in any capacity on board a seagoing ship to which the Agreement applies;(d) the term "shipowner" means the owner of the ship or any other organisation or person, such as the manager or bareboat charterer, who has assumed the responsibility for the operation of the ship from the shipowner and who on assuming such responsibility has agreed to take over all the attendant duties and responsibilities.Clause 3Within the limits set out in Clause 5, there shall be fixed either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number or hours of rest which shall be provided in a given period of time.Clause 4Without prejudice to Clause 5, the normal working hours' standard of seafarer is, in principle, based on an eight-hour day with one day of rest per week and rest on public holidays. Member States may have procedures to authorise or register a collective agreement which determines seafarers' normal working hours on a basis on less favourable than this standard.Clause 51. The limits on hours of work or rest shall be either:(a) maximum hours of work which shall not exceed(i) fourteen hours in any 24 hour period; and(ii) 72 hours in any seven-day period;or(b) minimum hours of rest which shall not be less than:(i) ten hours in any 24 hour period; and(ii) 72 hours in any seven-day period.2. Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length and the interval between consecutive periods of rest shall not exceed 14 hours.3. Musters, fire-fighting and lifeboat drills, and prescribed by national laws and regulations and by international instruments shall be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue.4. In respect of situations when a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.5. With regard to paragraphs 3 and 4, where no collective agreement or arbitration award exists or if the competent authority determines that the provisions in the agreement or award are inadequate, it would be for the competent authority to determine such provisions to ensure that the seafarers concerned have sufficient rest.6. With due regard for the general principles of the protection of the health and safety of workers, Member States may have national laws, regulations or a procedure for the competent authority to authorise or register collective agreements permitting exceptions to the limits set out in paragraphs 1 and 2. Such exceptions shall, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods, or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ship on short voyages.7. A table shall be posted, in an easily accessible place, with the shipboard working arrangements, which shall contain for every position at least:(a) the schedule of service at sea and service in port; and(b) the maximum hours of work or the minimum hours of rest required by the laws, regulations or collective agreements in force in the Member States.8. The table referred to in paragraph 7 shall be established in a standardised format in the working language or languages of the ship and in English.Clause 6No seafarer under 18 years of age shall work at night. For the purpose of this Clause, "night" means a period of at least nine consecutive hours, including the interval from midnight to five a.m. This provision need not be applied when the effective training of young seafarers between the ages of 16 and 18 in accordance with established programmes and schedules would be impaired.Clause 71. The master of a ship shall have the right to require a seafarer to perform any hours of work necessary for the immediate dafety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea.2. In accordance with paragraph 1, the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored.3. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarer who have performed work in a scheduled rest period are provided with an adequate period of rest.Clause 81. Records of seafarers' daily hours of work or of their daily hours of rest shall be maintained to allow monitoring of compliance with the provisions set out in Clause 5. The seafarer shall receive a copy of the records pertaining to him or her which shall be endorsed by the master, or a person authorised by the master, and by the seafarer.2. Procedures shall be determined for keeping such records on board, including the intervals at which the information shall be recorded. The format of the records of the seafarers' hours of work or of their hours of rest shall be established taking into account any available international guidelines. The format shall be established in the language provided by Clause 5, paragraph 8.3. A copy of the relevant provisions of the national legislation pertaining to this Agreement and the relevant collective agreements shall be kept on board and be easily accessible to the crew.Clause 9The records referred to in Clause 8 shall be examined and endorsed at appropriate intervals, to monitor compliance with the provisions governing hours of work or hours of rest that give effect to this Agreement.Clause 101. When determining, approving or revising manning levels, it is necessary to take into account the need to avoid or minimise, as fas as practicable, excessive hours of work, to ensure sufficient rest and to limit fatigue.2. If the records or other evidence indicate infringement of provisions governing hours of work or hours of rest, measures, including if necessary the revision of the manning of the ship, shall be taken so as to avoid future infringements.3. All ships to which this Agreement applies shall be sufficiently, safely and efficiently manned, in accordance with the minimum safe manning document or an equivalent issued by the competent authority.Clause 11No person under 16 years of age shall work on a ship.Clause 12The shipowner shall provide the master with the necessary resources for the purpose of compliance with obligations under this Agreement, including those relating to the appropriate manning of the ship. The master shall take all necessary steps to ensure that the requirements on seafarers' hours of work and rest arising from this Agreement are complied with.Clause 131. All seafarers shall possess a certificate attesting to their fitness for the work or which they are to be employed at sea.The nature of the health assessment to be made and the particulars to be included in the medical certifcate shall be established after consultation with the shipowners and seafarers organisations concerned.All seafarers shall have regular health assessments. Watchkeepers suffering from health problems certified by a medical practitioner as being due to the fact that they perform night work shall be transferred, wherever possible, to day work to which they are suited.2. The health assessment referred to in paragraph 1 shall be free and comply with medical confidentiality. Such health assessments may be conducted within the national health system.Clause 14Shipowners shall provide information on watchkeepers and other night workers to the national competent authority if they so request.Clause 15Seafarers shall have safety and health protection appropriate to the nature of their work. Equivalent protection and prevention services or facilities with regard to the safety and health of seafarers working by day or by night shall be available.Clause 16Every seafarer shall be entitled to paid annual leave of at least four weeks, or a proportion thereof for periods of employment of less than one year, in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and or/practice.The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.Brussels, 30 Septembre 1998.Federation of Transport Workers' Unions in the European Union (FST)European Community Shipowners' Association (ECSA)

Summary: Seafarers’ working time Seafarers’ working time SUMMARY OF: Directive 1999/63/EC — Agreement on the organisation of working time of seafarers WHAT IS THE AIM OF THE DIRECTIVE? It puts into legislation the seafarers’* working time agreement reached between the European Community Shipowners’* Association and the Federation of Transport Workers’ Unions on 30 September 1998. It takes account of the International Labour Organisation’s 2006 Maritime Labour Convention (MLC) in regard to seafarers’ hours of work. KEY POINTS Every publicly or privately owned seagoing ship registered in a European Union (EU) Member State carrying out commercial maritime activities must respect the legislation. The directive specifies a maximum number of working hours or a minimum amount of rest time over a given period. Working hours: a standard working day is 8 hours, with 1 day off and rest on public holidays;maximum working hours must not exceed 14 hours in any 24-hour period or 72 hours over 7 days. Rest periods: must not be less than 10 hours in any 24-hour period, or 77 hours over 7 days;may be divided into no more than two periods, one of which must be at least 6 hours;must occur within at least 14 hours of each other;must be disturbed as little as possible by safety exercises such as musters, and fire-fighting and lifeboat drills;must include adequate compensation for resting seafarers called out to work. Records must be kept of seafarers’ daily work and rest hours. No seafarer under 18 may work at night* except for specific duties or training. The employment, engagement of or work by those under 18 is not allowed if it is likely to jeopardise their health and safety. Ship masters have the right to require the crew to work if necessary to ensure the immediate safety of the vessel, the people on board, its cargo and others in distress. Details of on-board working arrangements and the legislation’s provisions must be accessible and displayed. Crewing levels must avoid or minimise excessive working hours to ensure sufficient rest and limit fatigue. Every seafarer: must have a health certificate proving they are medically fit to work at sea — the directive sets out the details for such certificates including issuing rules, validity and the nature of the health assessment. Some exceptions are permitted;is entitled to annual paid leave based on a minimum of 2.5 days per month worked and in proportion for incomplete months. Member States may: permit exemptions to the specified working hours and rest periods, under certain conditions;apply more, but not less, favourable conditions to seafarers than those contained in the directive. Amendments to Directive 1999/63/EC The directive was amended by Directive 2009/13/EC following the signing of the MLC in 2006. Directive 2009/13/EC was in turn amended by Directive (EU) 2018/131, following changes to the MLC in 2014, which focuses on seafarers’ rights in case of being abandoned in foreign ports and includes updated rules for repatriation, financial security and shipowners’ liability. Related legislation The enforcement of the directive is covered by separate legislation (Directive 1999/95/EC) on enforcement of working hours on board ships using EU ports, as well as Directive 2013/54/EU on general compliance with and enforcement of the MLC (see summary). FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 22 July 1999 and had to become law in the Member States by 30 June 2002. BACKGROUND The specificity of seafarers’ work means they are excluded from the scope of Directive 2003/88/EC on the organisation of working time (see summary) and require separate rules. For further information, see: Working conditions — Sectoral working time (European Commission). KEY TERMS Seafarer. An individual employed in any capacity aboard a seagoing ship. Shipowner. Owner of the ship or any other organisation or person assuming that responsibility. Night. At least 9 hours, starting no later than midnight and finishing no earlier than 5am. MAIN DOCUMENT Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) — Annex: European Agreement on the organisation of working time of seafarers (OJ L 167, 2.7.1999, pp. 33–37). Successive amendments to Directive 1999/63/EC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006 (OJ L 329, 10.12.2013, pp. 1–4). Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (OJ L 124, 20.5.2009, pp. 30–50). See consolidated version. Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers’ hours of work on board ships calling at Community ports (OJ L 14, 20.1.2000, pp. 29–35). last update 10.12.2021


EUR-Lex - 31999D0879 - EN Avis juridique important | 31999D0879 1999/879/EC: Council Decision of 17 December 1999 concerning the placing on the market and administration of bovine somatotrophin (BST) and repealing Decision 90/218/EEC Official Journal L 331 , 23/12/1999 P. 0071 - 0072 COUNCIL DECISIONof 17 December 1999concerning the placing on the market and administration of bovine somatotrophin (BST) and repealing Decision 90/218/EEC(1999/879/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Having regard to the opinion of the Economic and Social Committee(2),Whereas:(1) Council Decision 90/218/EEC of 25 April 1990 concerning the placing on the market and administration of bovine somatotrophin (BST)(3), provides in Article 1 that Member States are to ensure that, until 31 December 1999, the placing on the market of bovine somatotrophin for the purposes of its marketing and the administration thereof on their territory to dairy cows by any means whatsoever will not be authorised;(2) By virtue of Article 2(2) of that Decision, the Council instructed the Commission to entrust a Working Party of independent scientists, in collaboration with Member States, with the task of assessing the effects of using BST, taking account of the opinion of the Committee for Veterinary Medicinal Products, in particular as regards the impact of the use of this product on the cases of mastitis;(3) Article 2(1) of that Decision allowed the Member States to carry out limited practical tests on the use of bovine somatotrophin, under the control of an official veterinarian, in order to obtain any other scientific data that may be taken into account by the Council when it takes a final decision. The Commission has not received any information on such tests and in view of the prohibition laid down in this Decision there is no need to continue authorising further such tests;(4) The Protocol on protection and welfare of animals annexed to the Treaty calls on the Community and the Member States, when formulating and implementing the Community's agricultural policy, to pay full regard to the health and welfare requirements of animals;(5) By Decision 78/923/EEC(4), the Community has approved the European Convention for the Protection of Animals Kept for Farming Purposes (hereinafter called "the Convention") and has deposited its instrument of approval; all Member States have also ratified this Convention;(6) Council Directive 98/58/EC of 20 April 1998 concerning the protection of animals kept for farming purposes(5) states in point 18 of the Annex that no other substance, with exception of those given for therapeutic or prophylactic purposes, are to be administered to an animal unless it has been demonstrated by scientific studies of animal welfare or established experience that the effect of the substance is not detrimental to the health or welfare of the animal;(7) BST is not produced to be used in cattle for therapeutic purposes, but only to enhance milk production;(8) The Scientific Committee on Animal Health and Animal Welfare (SCAWAH) adopted on 10 March 1999 its report on Animal Welfare Aspects of the Use of bovine somatotrophin and stated that BST increases the risk of clinical mastitis as well as the duration of treatment of mastitis, that it increases the incidence of foot and leg disorders and that it can affect adversely reproduction as well as induce severe reactions at the injection site;(9) It is important for the health and productivity of dairy cattle that they are subjected to minimum stress which may lead to increase in diseases such as mastitis, foot lesions and reactions to injection site according to the opinion of the SCAWAH, the use of BST has been shown to lead to increases in these conditions, which are both painful and debilitating, and which can lead to poorer welfare and greater animal morbidity. The SCAHAW considers therefore that BST is not to be used in dairy cows,HAS ADOPTED THIS DECISION:Article 1From the time this Decision takes effect, Member States shall ensure that the placing on the market of bovine somatotrophin on Community territory or within their jurisdiction for the purpose of its marketing and administration thereof to dairy cows by any means whatsoever shall be prohibited.Article 2Undertakings buying or producing bovine somatotrophin substances and undertakings authorized in any capacity to market such substances shall be required to keep registers detailing, in chronological order, quantities produced or acquired and those sold or used for purposes other than placing on the market provided for in Article 1 and the names of the persons to whom such quantities were sold or from whom they were purchased. The above information must be made available to the competent authority at its request and, in the case of computerized records, in the form of a printout.Article 3The prohibition provided for in Article 1 shall not affect the production of bovine somatotrophin in the Member States, or imports, for the purposes of its export to third countries.Article 4Decision 90/218/EEC shall be repealed.Article 5This Decision shall take effect as from 1 January 2000.Article 6This Decision is addressed to the Member States.Done at Brussels, 17 December 1999.For the CouncilThe PresidentK. HEMILÄ(1) Opinion delivered on 16 December 1999 (not yet published in the Official Journal).(2) Opinion delivered on 9 December 1999 (not yet published in the Official Journal).(3) OJ L 116, 8.5.1990, p. 27. Decision as last amended by Decision 94/936/EC (OJ L 366, 31.12.1994, p. 19).(4) OJ L 323, 17.11.1978, p. 12.(5) OJ L 221, 8.8.1998, p. 23.

Summary: Bovine somatotrophin — EU rules on marketing and use Bovine somatotrophin — EU rules on marketing and use SUMMARY OF: Council Decision 1999/879/EC — the placing on the market and administration of bovine somatotrophin (BST) WHAT IS THE AIM OF THIS DECISION? It seeks to regulate the marketing and use of bovine somatotrophin, a bovine growth hormone used to enhance milk production, within the European Union (EU). KEY POINTS The decision prohibits the placing on the EU market of bovine somatotrophin for the purpose of its marketing and use in the treatment of dairy cows by any means whatsoever. The production or importexporting of bovine somatotrophin in EU countries for the purposes ofexporting it to non-EU countries continues to be authorised. In addition, undertakings which produce or are authorised to market somatotrophin are required to keep registers detailing, in chronological order, the quantities produced or acquired and the quantities sold or used for purposes other than placing on the market, as well as the names of the persons to whom such quantities were sold or from whom they were purchased. BACKGROUND In accordance with Directive 2001/82/EC, no substance, with the exception of those given for therapeutic or prophylactic purposes, is to be administered to an animal unless it has been demonstrated by scientific studies of animal welfare or established experience that its effect is not detrimental to the health or welfare of the animal. Somatotrophin is produced only to enhance milk production, and the EU’s Scientific Committee on Animal Health and Animal Welfare (which was replaced by the European Food Safety Authority, established under Regulation (EC) No 178/2002) stated in March 1999 that the hormone increased the risk of infections and could adversely affect reproduction and induce severe reactions in cattle. MAIN DOCUMENT Council Decision 1999/879/EC of 17 December 1999 concerning the placing on the market and administration of bovine somatotrophin (BST) and repealing Decision 90/218/EEC (OJ L 331, 23.12.1999, pp. 71-72) last update 11.08.2016