EUR-Lex - 31984L0500 - EN Avis juridique important | 31984L0500 Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs Official Journal L 277 , 20/10/1984 P. 0012 - 0016 Finnish special edition: Chapter 13 Volume 13 P. 0207 Spanish special edition: Chapter 13 Volume 18 P. 0006 Swedish special edition: Chapter 13 Volume 13 P. 0207 Portuguese special edition Chapter 13 Volume 18 P. 0006 *****COUNCIL DIRECTIVE of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs (84/500/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/893/EEC of 23 November 1976 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (1), and in particular Article 3 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 2 of Directive 76/893/EEC provides that materials and articles must not transfer their constituents to foodstuffs in quantities which could endanger human health; Whereas Article 3 of the same Directive provides that the Council, under the procedure provided for in Article 100 of the Treaty, shall adopt by means of Directives special provisions applicable to certain groups of materials and articles (specific Directives); Whereas in most of the Member States ceramic articles intended to come into contact with foodstuffs are subject to mandatory provisions for protecting human health which lay down limits for the extractable quantities of lead and cadmium; Whereas these provisions vary from one Member State to another, thus creating obstacles to the establishment and functioning of the common market; Whereas these obstacles may be eliminated if the placing of ceramic articles on the Community market is made subject to uniform rules; whereas it is therefore necessary to harmonize the limit values and the test and analysis methods for such articles; Whereas the appropriate instrument for attaining this objective is a specific Directive within the meaning of Article 3 of Directive 76/893/EEC the general provisions of which also become applicable in this particular case; Whereas the adaptation to technical progress of certain checking and analysis measures provided for in the Directive is an implementing measure the adoption of which should be entrusted to the Commission in order to simplify and expedite the procedure; Whereas, in all cases where the Council grants the Commission powers to implement provisions concerning materials and articles intended to come into contact with foodstuffs, a procedure should be established to ensure close cooperation between the Member States and the Commission in the Standing Committee for Foodstuffs set up by the Council Decision of 13 November 1969, HAS ADOPTED THIS DIRECTIVE: Article 1 1. This Directive is a specific Directive within the meaning of Article 3 of Directive 76/893/EEC. 2. This Directive concerns the possible migration of lead and cadmium from ceramic articles which, in their finished state, are intended to come into contact with foodstuffs, or which are in contact with foodstuffs, and are intended for that purpose. 3. 'Ceramic articles' means articles manufactured from a mixture of inorganic materials with a generally high argillaceous or silicate content to which small quantities of organic materials may have been added. These articles are first shaped and the shape thus obtained is permanently fixed by firing. They may be glazed, enamelled and/or decorated. Article 2 1. The quantities of lead and cadmium transferred from ceramic articles shall not exceed the limits laid down below. 2. The quantities of lead and cadmium transferred from ceramic articles shall be determined by means of a test, the conditions of which are specified in Annex I, using the method of analysis described in Annex II. 3. Where a ceramic article consists of a vessel fitted with a ceramic lid, the lead and/or cadmium limit which may not be exceeded (mg/dm2 or mg/litre) shall be that which applies to the vessel alone. The vessel alone and the inner surface of the lid shall be tested separately and under the same conditions. The sum of the two lead and/or cadmium extraction levels thus obtained shall be related as appropriate to the surface area or the volume of the vessel alone. 4. A ceramic article shall be recognized as satisfying the requirements of this Directive if the quantities of lead and/or cadmium extracted during the test carried out under the conditions laid down in Annexes I and II do not exceed the following limits: 1.2.3 // // Pb // Cd // - Category 1: // // // Articles which cannot be filled and articles which can be filled, the internal depth of which, measured from the lowest point to the horizontal plane passing through the upper rim, does not exceed 25 mm // 0,8 mg/dm2 // 0,07 mg/dm2 // - Category 2: // // // All other articles which can be filled // 4,0 mg/l // 0,3 mg/l // - Category 3: // // // Cooking ware; packaging and storage vessels having a capacity of more than three litres // 1,5 mg/l // 0,1 mg/l 5. However, where a ceramic article does not exceed the above quantities by more than 50 %, that article shall nevertheless be recognized as satisfying the requirements of this Directive if at least three other articles with the same shape, dimensions, decoration and glaze are subjected to a test carried out under the conditions laid down in Annexes I and II and the average quantities of lead and/or cadmium extracted from those articles do not exceed the limits set, with none of those articles exceeding those limits by more than 50 %. Article 3 The amendments to be made to the Annexes in the light of developments in scientific and technical knowledge, with the exception of sections 1 and 2 of Annex I, shall be adopted in accordance with the procedure laid down in Article 10 of Directive 76/893/EEC. Article 4 1. Within three years of notification (1) of this Directive, the Council shall determine in accordance with the procedure laid down in Article 100 of the Treaty: (a) the limitations to be imposed on those areas of ceramic articles with which the mouth is intended to come into contact; (b) the methods for checking that the limitations provided for in (a) are complied with. 2. Within the same period, the Commission shall, on the basis of toxicological and technological data, re-examine the limits laid down in Article 2, with a view to reducing them, and the lighting conditions for the test specified in Annex I, and shall, if appropriate, submit to the Council proposals for amendments to the Directive. Article 5 1. The Member States shall, if necessary, amend their national laws to comply with this Directive so that: - three years after the notification of this Directive, trade in ceramic articles which comply with its provisions is permitted, - five years after the notification of this Directive, the placing on the market of ceramic articles which do not comply with its provisions is prohibited. They shall forthwith inform the Commission of any such amendment. 2. Without prejudice to paragraph 1, Member States may prohibit or continue to prohibit the manufacture of ceramic articles which do not comply with this Directive. Article 6 This Directive is addressed to the Member States. Done at Luxembourg, 15 October 1984. For the Council The President J. BRUTON (1) OJ No L 340, 9. 12. 1976, p. 19. (2) OJ No C 95, 28. 4. 1975, p. 41. (3) OJ No C 263, 17. 11. 1975, p. 66. (1) This Directive was notified to the Member States on 17 October 1984. ANNEX I BASIC RULES FOR DETERMINING THE MIGRATION OF LEAD AND CADMIUM 1. Test liquid ('simulant') 4 % (v/v) acetic acid, in a freshly prepared aqueous solution. 2. Test conditions 2.1. Carry out the test at a temperature of 22 ± 2 °C for a duration of 24 ± 0,5 hours. 2.2. When the migration of lead is to be determined, cover the sample by an appropriate means of protection and expose it to the usual lighting conditions in a laboratory. When the migration of cadmium or of lead and cadmium is to be determined, cover the sample so as to ensure that the surface to be tested is kept in total darkness. 3. Filling 3.1. Samples which can be filled Fill the article with a 4 % (v/v) acetic acid solution to a level no more than 1 mm from the overflow point; the distance is measured from the upper rim of the sample. Samples with a flat or slightly sloping rim should be filled so that the distance between the surface of the liquid and the overflow point is no more than 6 mm measured along the sloping rim. 3.2. Samples which cannot be filled The surface of the sample which is not intended to come into contact with foodstuffs is first covered with a suitable protective layer able to resist the action of the 4 % (v/v) acetic acid solution. The sample is then immersed in a recipient containing a known volume of acetic acid solution in such a way that the surface intended to come into contact with foodstuffs is completely covered by the test liquid. 4. Determination of the surface area The surface area of the articles in category 1 is equal to the surface area of the meniscus formed by the free liquid surface obtained by complying with the filling requirements set out in section 3 above. ANNEX II METHODS OF ANALYSIS FOR DETERMINING THE MIGRATION OF LEAD AND CADMIUM 1. Object and field of application The method allows the specific migration of lead and/or cadmium to be determined. 2. Principle The determination of the specific migration of lead and/or cadmium is carried out by atomic absorption spectrophotometry. 3. Reagents - All reagents must be of analytical quality, unless otherwise specified. - Where reference is made to water, this always means distilled water or water of equivalent quality. 3.1. 4 % (v/v) acetic acid, in aqueous solution Add 40 ml of glacial acetic acid to water and make up to 1 000 ml. 3.2. Stock solutions Prepare stock solutions containing 1 000 mg/litre of lead and at least 500 mg/litre of cadmium respectively in a 4 % acetic acid solution (3.1). 4. Instruments 4.1. Atomic absorption spectrophotometer The instrument's detection limit for lead and cadmium must be equal to or lower than: - 0,1 mg/litre for lead, - 0,01 mg/litre for cadmium. The detection limit is defined as the concentration of the element in 4 % acetic acid (3.1) which gives a signal equal to twice the background noise of the instrument. 5. Method 5.1. Preparation of the sample The sample must be clean and free from grease or other matter likely to affect the test. Wash the sample in a solution containing a household liquid detergent at a temperature of approximately 40 °C. Rinse the sample first in tapwater and then in distilled water or water of equivalent quality. Drain and dry so as to avoid any stain. The surface to be tested should not be handled after it has been cleaned. 5.2. Determination of lead and/or cadmium - The sample thus prepared is tested under the conditions laid down in Annex I. - Before taking the test solution for determining lead and/or cadmium, homogenize the content of the sample by an appropriate method which avoids any loss of solution or abrasion of the surface being tested. - Carry out a blank test on the reagent used for each series of determinations. - Carry out determinations for lead and/or cadmium under appropriate conditions by atomic absorption spectrophotometry.

Summary: Ceramic objects in contact with foodstuffs Ceramic objects in contact with foodstuffs Ceramics can transfer toxins (lead and cadmium) to foodstuffs with which they are in contact. Only ceramic objects intended to come into contact with foodstuffs must be accompanied by a written declaration from the manufacturer or seller stating that they do not exceed the maximum limits for the transfer of lead and cadmium. ACT Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs [See amending acts]. SUMMARY Ceramic objects used to contain foodstuffs may transfer lead and cadmium to these foodstuffs. These two metals are toxic and can constitute a risk to human health. The Directive lays down maximum limits for the cadmium and lead transferred by ceramic objects to the foodstuffs with which they enter into contact. Declaration of conformity To be sold, these ceramics must be accompanied by a written declaration provided by the manufacturer or importer, guaranteeing that they do not exceed the maximum limits for lead and cadmium. The information required is described in Annex II (introduced by Directive 2005/31/EC). The declaration was introduced to meet the requirements of Regulation (EC) No 1935/2004 on materials and articles intended to come into contact with food (Directive 84/500/EEC is a measure specific to the groups of materials and objects listed in Regulation (EC) No 1935/2004). The maximum limits for lead and cadmium must be checked by means of a test and a method of analysis (Annex III, introduced by Directive 2005/31/EC). These methods take into account the very latest scientific progress in methods of analysis for official tests of lead and cadmium in foodstuffs, in accordance with Directive 2001/22/EC (see the Associated Acts heading below). References Act Entry into force Deadline for transposition in the Member States Official Journal Directive 84/500/EEC 17.10.1984 - OJ L 277 of 20.10.1984; corrigenda: OJ L 114 of 27.04.1989 and OJ L 181 of 28.06.1989. Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Directive 2005/31/EC 21.05.2005 20.05.200620.05.2007 (Ban on the production and import of products that do not meet the criteria) OJ L 110 of 30.04.2005 RELATED ACTS Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs [Official Journal L 88 of 29.3.2007]. See also See the SCADplus factsheet for more information on sampling methods and the Community methods for analysing foodstuffs intended for human consumption. Last updated: 13.04.2007


EUR-Lex - 31985L0374 - EN Avis juridique important | 31985L0374 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products Official Journal L 210 , 07/08/1985 P. 0029 - 0033 Finnish special edition: Chapter 15 Volume 6 P. 0239 Spanish special edition: Chapter 13 Volume 19 P. 0008 Swedish special edition: Chapter 15 Volume 6 P. 0239 Portuguese special edition Chapter 13 Volume 19 P. 0008 *****COUNCIL DIRECTIVE of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas approximation of the laws of the Member States concerning the liability of the producer for damage caused by the defectiveness of his products is necessary because the existing divergences may distort competition and affect the movement of goods within the common market and entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property; Whereas liability without fault on the part of the producer is the sole means of adequately solving the problem, peculiar to our age of increasing technicality, of a fair apportionment of the risks inherent in modern technological production; Whereas libility without fault should apply only to movables which have been industrially produced; whereas, as a result, it is appropriate to exclude liability for agricultural products and game, except where they have undergone a processing of an industrial nature which could cause a defect in these products; whereas the liability provided for in this Directive should also apply to movables which are used in the construction of immovables or are installed in immovables; Whereas protection of the consumer requires that all producers involved in the production process should be made liable, in so far as their finished product, component part or any raw material supplied by them was defective; whereas, for the same reason, liability should extend to importers of products into the Community and to persons who present themselves as producers by affixing their name, trade mark or other distinguishing feature or who supply a product the producer of which cannot be identified; Whereas, in situations where several persons are liable for the same damage, the protection of the consumer requires that the injured person should be able to claim full compensation for the damage from any one of them; whereas, to protect the physical well-being and property of the consumer, the defectiveness of the product should be determined by reference not to its fitness for use but to the lack of the safety which the public at large is entitled to expect; whereas the safety is assessed by excluding any misuse of the product not reasonable under the circumstances; Whereas a fair apportionment of risk between the injured person and the producer implies that the producer should be able to free himself from liability if he furnishes proof as to the existence of certain exonerating circumstances; Whereas the protection of the consumer requires that the liability of the producer remains unaffacted by acts or omissions of other persons having contributed to cause the damage; whereas, however, the contributory negligence of the injured person may be taken into account to reduce or disallow such liability; Whereas the protection of the consumer requires compensation for death and personal injury as well as compensation for damage to property; whereas the latter should nevertheless be limited to goods for private use or consumption and be subject to a deduction of a lower threshold of a fixed amount in order to avoid litigation in an excessive number of cases; whereas this Directive should not prejudice compensation for pain and suffering and other non-material damages payable, where appropriate, under the law applicable to the case; Whereas a uniform period of limitation for the bringing of action for compensation is in the interests both of the injured person and of the producer; Whereas products age in the course of time, higher safety standards are developed and the state of science and technology progresses; whereas, therefore, it would not be reasonable to make the producer liable for an unlimited period for the defectiveness of his product; whereas, therefore, liability should expire after a reasonable length of time, without prejudice to claims pending at law; Whereas, to achieve effective protection of consumers, no contractual derogation should be permitted as regards the liability of the producer in relation to the injured person; Whereas under the legal systems of the Member States an injured party may have a claim for damages based on grounds of contractual liability or on grounds of non-contractual liability other than that provided for in this Directive; in so far as these provisions also serve to attain the objective of effective protection of consumers, they should remain unaffected by this Directive; whereas, in so far as effective protection of consumers in the sector of pharmaceutical products is already also attained in a Member State under a special liability system, claims based on this system should similarly remain possible; Whereas, to the extent that liability for nuclear injury or damage is already covered in all Member States by adequate special rules, it has been possible to exclude damage of this type from the scope of this Directive; Whereas, since the exclusion of primary agricultural products and game from the scope of this Directive may be felt, in certain Member States, in view of what is expected for the protection of consumers, to restrict unduly such protection, it should be possible for a Member State to extend liability to such products; Whereas, for similar reasons, the possibility offered to a producer to free himself from liability if he proves that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of a defect to be discovered may be felt in certain Member States to restrict unduly the protection of the consumer; whereas it should therefore be possible for a Member State to maintain in its legislation or to provide by new legislation that this exonerating circumstance is not admitted; whereas, in the case of new legislation, making use of this derogation should, however, be subject to a Community stand-still procedure, in order to raise, if possible, the level of protection in a uniform manner throughout the Community; Whereas, taking into account the legal traditions in most of the Member States, it is inappropriate to set any financial ceiling on the producer's liability without fault; whereas, in so far as there are, however, differing traditions, it seems possible to admit that a Member State may derogate from the principle of unlimited liability by providing a limit for the total liability of the producer for damage resulting from a death or personal injury and caused by identical items with the same defect, provided that this limit is established at a level sufficiently high to guarantee adequate protection of the consumer and the correct functioning of the common market; Whereas the harmonization resulting from this cannot be total at the present stage, but opens the way towards greater harmonization; whereas it is therefore necessary that the Council receive at regular intervals, reports from the Commission on the application of this Directive, accompanied, as the case may be, by appropriate proposals; Whereas it is particularly important in this respect that a re-examination be carried out of those parts of the Directive relating to the derogations open to the Member States, at the expiry of a period of sufficient length to gather practical experience on the effects of these derogations on the protection of consumers and on the functioning of the common market, HAS ADOPTED THIS DIRECTIVE: Article 1 The producer shall be liable for damage caused by a defect in his product. Article 2 For the purpose of this Directive 'product' means all movables, with the exception of primary agricultural products and game, even though incorporated into another movable or into an immovable. 'Primary agricultural products' means the products of the soil, of stock-farming and of fisheries, excluding products which have undergone initial processing. 'Product' includes electricity. Article 3 1. 'Producer' means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who, by putting his name, trade mark or other distinguishing feature on the product presents himself as its producer. 2. Without prejudice to the liability of the producer, any person who imports into the Community a product for sale, hire, leasing or any form of distribution in the course of his business shall be deemed to be a producer within the meaning of this Directive and shall be responsible as a producer. 3. Where the producer of the product cannot be identified, each supplier of the product shall be treated as its producer unless he informs the injured person, within a reasonable time, of the identity of the producer or of the person who supplied him with the product. The same shall apply, in the case of an imported product, if this product does not indicate the identity of the importer referred to in paragraph 2, even if the name of the producer is indicated. Article 4 The injured person shall be required to prove the damage, the defect and the causal relationship between defect and damage. Article 5 Where, as a result of the provisions of this Directive, two or more persons are liable for the same damage, they shall be liable jointly and severally, without prejudice to the provisions of national law concerning the rights of contribution or recourse. Article 6 1. A product is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account, including: (a) the presentation of the product; (b) the use to which it could reasonably be expected that the product would be put; (c) the time when the product was put into circulation. 2. A product shall not be considered defective for the sole reason that a better product is subsequently put into circulation. Article 7 The producer shall not be liable as a result of this Directive if he proves: (a) that he did not put the product into circulation; or (b) that, having regard to the circumstances, it is probable that the defect which caused the damage did not exist at the time when the product was put into circulation by him or that this defect came into being afterwards; or (c) that the product was neither manufactured by him for sale or any form of distribution for economic purpose nor manufactured or distributed by him in the course of his business; or (d) that the defect is due to compliance of the product with mandatory regulations issued by the public authorities; or (e) that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered; or (f) in the case of a manufacturer of a component, that the defect is attributable to the design of the product in which the component has been fitted or to the instructions given by the manufacturer of the product. Article 8 1. Without prejudice to the provisions of national law concerning the right of contribution or recourse, the liability of the producer shall not be reduced when the damage is caused both by a defect in product and by the act or omission of a third party. 2. The liability of the producer may be reduced or disallowed when, having regard to all the circumstances, the damage is caused both by a defect in the product and by the fault of the injured person or any person for whom the injured person is responsible. Article 9 For the purpose of Article 1, 'damage' means: (a) damage caused by death or by personal injuries; (b) damage to, or destruction of, any item of property other than the defective product itself, with a lower threshold of 500 ECU, provided that the item of property: (i) is of a type ordinarily intended for private use or consumption, and (ii) was used by the injured person mainly for his own private use or consumption. This Article shall be without prejudice to national provisions relating to non-material damage. Article 10 1. Member States shall provide in their legislation that a limitation period of three years shall apply to proceedings for the recovery of damages as provided for in this Directive. The limitation period shall begin to run from the day on which the plaintiff became aware, or should reasonably have become aware, of the damage, the defect and the identity of the producer. 2. The laws of Member States regulating suspension or interruption of the limitation period shall not be affected by this Directive. Article 11 Member States shall provide in their legislation that the rights conferred upon the injured person pursuant to this Directive shall be extinguished upon the expiry of a period of 10 years from the date on which the producer put into circulation the actual product which caused the damage, unless the injured person has in the meantime instituted proceedings against the producer. Article 12 The liability of the producer arising from this Directive may not, in relation to the injured person, be limited or excluded by a provision limiting his liability or exempting him from liability. Article 13 This Directive shall not affect any rights which an injured person may have according to the rules of the law of contractual or non-contractual liability or a special liability system existing at the moment when this Directive is notified. Article 14 This Directive shall not apply to injury or damage arising from nuclear accidents and covered by international conventions ratified by the Member States. Article 15 1. Each Member State may: (a) by way of derogation from Article 2, provide in its legislation that within the meaning of Article 1 of this Directive 'product' also means primary agricultural products and game; (b) by way of derogation from Article 7 (e), maintain or, subject to the procedure set out in paragraph 2 of this Article, provide in this legislation that the producer shall be liable even if he proves that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of a defect to be discovered. 2. A Member State wishing to introduce the measure specified in paragraph 1 (b) shall communicate the text of the proposed measure to the Commission. The Commission shall inform the other Member States thereof. The Member State concerned shall hold the proposed measure in abeyance for nine months after the Commission is informed and provided that in the meantime the Commission has not submitted to the Council a proposal amending this Directive on the relevant matter. However, if within three months of receiving the said information, the Commission does not advise the Member State concerned that it intends submitting such a proposal to the Council, the Member State may take the proposed measure immediately. If the Commission does submit to the Council such a proposal amending this Directive within the aforementioned nine months, the Member State concerned shall hold the proposed measure in abeyance for a further period of 18 months from the date on which the proposal is submitted. 3. Ten years after the date of notification of this Directive, the Commission shall submit to the Council a report on the effect that rulings by the courts as to the application of Article 7 (e) and of paragraph 1 (b) of this Article have on consumer protection and the functioning of the common market. In the light of this report the Council, acting on a proposal from the Commission and pursuant to the terms of Article 100 of the Treaty, shall decide whether to repeal Article 7 (e). Article 16 1. Any Member State may provide that a producer's total liability for damage resulting from a death or personal injury and caused by identical items with the same defect shall be limited to an amount which may not be less than 70 million ECU. 2. Ten years after the date of notification of this Directive, the Commission shall submit to the Council a report on the effect on consumer protection and the functioning of the common market of the implementation of the financial limit on liability by those Member States which have used the option provided for in paragraph 1. In the light of this report the Council, acting on a proposal from the Commission and pursuant to the terms of Article 100 of the Treaty, shall decide whether to repeal paragraph 1. Article 17 This Directive shall not apply to products put into circulation before the date on which the provisions referred to in Article 19 enter into force. Article 18 1. For the purposes of this Directive, the ECU shall be that defined by Regulation (EEC) No 3180/78 (1), as amended by Regulation (EEC) No 2626/84 (2). The equivalent in national currency shall initially be calculated at the rate obtaining on the date of adoption of this Directive. 2. Every five years the Council, acting on a proposal from the Commission, shall examine and, if need be, revise the amounts in this Directive, in the light of economic and monetary trends in the Community. Article 19 1. Member States shall bring into force, not later than three years from the date of notification of this Directive, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof (1). 2. The procedure set out in Article 15 (2) shall apply from the date of notification of this Directive. Article 20 Member States shall communicate to the Commission the texts of the main provisions of national law which they subsequently adopt in the field governed by this Directive. Article 21 Every five years the Commission shall present a report to the Council on the application of this Directive and, if necessary, shall submit appropriate proposals to it. Article 22 This Directive is addressed to the Member States. Done at Brussels, 25 July 1985. For the Council The President J. POOS (1) OJ No C 241, 14. 10. 1976, p. 9 and OJ No C 271, 26. 10. 1979, p. 3. (2) OJ No C 127, 21. 5. 1979, p. 61. (3) OJ No C 114, 7. 5. 1979, p. 15. (1) OJ No L 379, 30. 12. 1978, p. 1. (2) OJ No L 247, 16. 9. 1984, p. 1. (1) This Directive was notified to the Member States on 30 July 1985.

Summary: Defective products: liability Defective products: liability SUMMARY OF: Directive 85/374/EEC — product liability SUMMARY WHAT DOES THIS DIRECTIVE DO? It establishes the principle of liability without fault applicable to European producers. Where a defective product* causes damage to a consumer, the producer may be liable even without negligence or fault on their part. KEY POINTS Damage covered The directive applies to damage: — caused by death or by personal injuries, — caused to private property. EU countries may set a limit for the total liability of a producer in the case of death or personal injury caused by identical items with the same defect. Liability A producer can mean: — the producer of a raw material, the manufacturer of a finished product or of a component part, — the importer of the product, — any person putting their name, trade mark or other distinguishing feature on the product, — any person supplying a product whose producer or importer cannot be identified. Where 2 or more persons are liable for the same damage, they shall be liable jointly. Proof of damage A product is defective where it does not provide the safety which a person is entitled to expect, taking all circumstances into account, including: — the presentation of the product, — the reasonable use of the product, — the time when the product was put on the market. The injured person carries theburden of proof . They must prove: — actual damage, — a defect in the product, — a causal link between the damage and the defect. However, he does not have to prove the negligence or fault of the producer or importer. Exemption from liability A number of factors can exempt a producer from liability including if: — they did not put the product into circulation, — the defect appeared after the product was put into circulation, — the product was not manufactured by them to be sold or distributed for profit — the product was not manufactured or distributed by them for any purpose within the usual transactions and practices of their business, — the defect is due to compliance of the product with mandatory regulations issued by public authorities, — the defect of a component was caused during the manufacture of a final product. When the injured person is at fault, the producer’s liability may be reduced. Expiry of liability — The injured person has 3 years within which to seek compensation. This period starts from the date on which the injured person became aware of the damage, the defect and the identity of the producer. — The producer is no longer liable 10 years after the date the product was put on the market. — No contractual clause may allow the producer to limit his liability in relation to the injured person. — National laws on civil liability still apply. FROM WHEN DOES THE DIRECTIVE ENTER INTO FORCE? It entered into force on 30 July 1985. EU countries had to incorporate it into national law by 30 July 1988. BACKGROUND Liability of defective products KEY TERM * Product: all movable objects, even when incorporated into another movable or into an immovable object. It includes electricity, primary agricultural products (products of the soil, of stock-farming and of fisheries, excluding products which have undergone initial processing - e.g. cutting, peeling and freezing fruit and vegetables) and game. ACT Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, pp. 29–33) last update 19.01.2016


EUR-Lex - 31982L0711 - EN Avis juridique important | 31982L0711 Council Directive 82/711/EEC of 18 October 1982 laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs Official Journal L 297 , 23/10/1982 P. 0026 - 0030 Finnish special edition: Chapter 13 Volume 12 P. 0132 Spanish special edition: Chapter 13 Volume 12 P. 0278 Swedish special edition: Chapter 13 Volume 12 P. 0132 Portuguese special edition Chapter 13 Volume 12 P. 0278 *****COUNCIL DIRECTIVE of 18 October 1982 laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs (82/711/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/893/EEC of 23 November 1976 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (1), and in particular Article 3 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 2 of Directive 76/893/EEC laid down inter alia that materials and articles must not transfer their constituents to foodstuffs in quantities which could endanger human health or bring about an unacceptable change in the composition of the foodstuffs; Whereas in order to achieve this objective in the case of plastic materials the suitable instrument is a specific directive within the meaning of Article 3 of Directive 76/893/EEC, the general rules of which shall also be applicable to the case in question; Whereas, given the complexity of the problem, the Directive should initially be limited to fixing the basic rules for verification of constituent migration; whereas further directives, to be adopted in accordance with the procedure laid down in Article 10 of Directive 76/893/EEC, will establish the methods of analysis necessary for the verification of such migration; Whereas this Directive does not affect all aspects of plastic materials and articles; whereas it is therefore necessary to authorize the Member States, on the one hand, not to impose the labelling particulars laid down in Article 7 of Directive 76/893/EEC in accordance with paragraphs 4 and 5 of that Article and, on the other hand, to prohibit the marketing of materials and articles which, although conforming with the standards laid down by that Directive, do not comply with national provisions regarding other possible standards referred to in Article 3 or in the absence of these, with Article 2 of the Directive in question; Whereas, in view of the analytical difficulties connected with the determination of the migration levels in food products, conventional tests should be chosen (liquids capable of simulating the attack on foodstuffs and standard test conditions) in order to reproduce, as far as possible, the migration phenomena which may occur in contact between the article and the foodstuff; Whereas if such tests subsequently prove not to reflect reality Member States should be authorized to amend them provisionally, pending a Community decision; Whereas, in the current state of analytical techniques, it is not possible to determine all the conditions under which conventional migration tests should be performed on materials and articles consisting of two or more layers, one or more of which does not consist entirely of plastics; whereas a decision on the application of this Directive to such materials and articles should therefore be taken at a later date; Whereas the adaptation of this Directive to technical progress is an implementing measure; whereas, in order to simplify and accelerate the procedure, this should be the responsibility of the Commission; Whereas in all cases in which the Council confers on the Commission authority to implement the provisions relating to plastic materials and articles intended to come into contact with foodstuffs, a procedure should be laid down establishing close cooperation between Member States and the Commission within the Standing Committee for Foodstuffs set up under Decision 69/414/EEC (1), HAS ADOPTED THIS DIRECTIVE: Article 1 1. This Directive is a specific Directive within the meaning of Article 3 of Directive 76/893/EEC. 2. This Directive shall apply to plastic materials and articles, that is to say to materials and articles and parts thereof: (a) consisting exclusively of plastics, or (b) composed of two or more layers of materials, each consisting exclusively of plastics, which are bound together by means of adhesives or by any other means, which, in the finished product state, are intended to come into contact or are brought into contact with foodstuffs and are intended for that purpose. 3. For the purposes of this Directive, 'plastics' shall mean the organic macromolecular compounds obtained by polymerization, polycondensation, polyaddition or any other similar process from molecules with a lower molecular weight or by chemical alteration of natural macromolecules. Silicones and other similar macromolecular compounds shall also be regarded as plastics. Other substances or matter may be added to such macromolecular compounds. However, the following shall not be regarded as 'plastics': (i) varnished or unvarnished regenerated cellulose film; (ii) elastomers and natural and synthetic rubber; (iii) paper and paperboard, whether modified or not by the addition of plastics; (iv) surface coatings obtained from: - paraffin waxes, including synthetic paraffin waxes, and/or micro-crystalline waxes, - mixtures of the waxes listed in the first indent with each other and/or with plastics. 4. This Directive shall not apply to materials and articles composed or two or more layers, one or more of which does not consist exclusively of plastics, even if the one intended to come into direct contact with foodstuffs does consist exclusively of plastics. A decision on the application of this Directive to the materials and articles referred to in the first subparagraph and on any adaptations to the Directive that may become necessary shall be taken at a later date. Article 2 1. The migration level of the constituents of the materials and articles referred to in Article 1 into or onto foodstuffs must not exceed the limits laid down in the lists of substances whose use is authorized to the exclusion of any others. 2. In the absence of methods of analysis determined in accordance with Article 9 of Directive 76/893/EEC which make it possible to determine the level of migration into foodstuffs, that level shall be determined in the simulants listed in Chapter I of the Annex. 3. The Council, acting in accordance with the procedure laid down in Article 100 of the Treaty and on a proposal from the Commission, shall draw up a list of substances or matter whose use is authorized to the exclusion of any others and a list of simulants to be used for each foodstuff or group of foodstuffs and shall determine the concentration thereof. Article 3 1. Verification of a migration in the simulants shall be carried out using conventional migration tests, the basic rules for which are laid down in the Annex to this Directive. 2. (a) However, where a Member State, as a result of new information or of a reassessment of existing information made since this Directive was adopted, has detailed grounds for establishing that for a given plastic material or article the basic rules laid down in the Annex for migration tests are technically unsuitable or because the actual conditions of use are basically different from the test conditions specified in the table in the Annex, that Member State may, within its territory and only for the particular case, temporarily suspend application of the basic rules referred to in the Annex and permit the use of more appropriate basic rules. It shall immediately inform the other Member States and the Commission thereof and give the reasons for its decision. (b) The Commission shall examine, as soon as possible, the reasons given by the Member State concerned and shall consult the Member States within the Standing Committee for Foodstuffs and shall then deliver its opinion forthwith and take the appropriate measures. (c) If the Commission considers that amendments to this Directive are necessary in order to alleviate the difficulties mentioned in subparagraph (a), it shall initiate the procedure laid down in Article 10 of Directive 76/893/EEC; in that case, the Member State which has adopted the more appropriate basic rules may retain them until the said amendments enter into force. Article 4 Adaptations to be made to Chapter II of the Annex to this Directive in the light of progress in scientific and technical knowledge shall be adopted in accordance with the procedure laid down in Article 10 of Directive 76/893/EEC. Article 5 This Directive shall not affect national provisions relating to the other rules provided for in Article 3 of Directive 76/893/EEC nor the options open to Member States under Article 7 (4) and (5) of that Directive. Article 6 Member States shall comply with this Directive not later than such time as a specific directive laying down the limits referred to in Article 2 (1) is implemented. Article 7 This Directive is addressed to the Member States. Done at Luxembourg, 18 October 1982. For the Council The President N. A. KOFOED (1) OJ No L 340, 9. 12. 1976, p. 19. (2) OJ No C 140, 5. 6. 1979, p. 173. (3) OJ No C 227, 10. 9. 1979, p. 31. (1) OJ No L 291, 19. 11. 1969, p. 9. ANNEX BASIC RULES NECESSARY FOR TESTING MIGRATION IN SIMULANTS The determination of migration in simulants is to be carried out using the simulants laid down in Chapter I of this Annex and under the test conditions specified in Chapter II of the Annex. CHAPTER I Simulants 1. General case: plastic materials and articles intended to come into contact with foodstuffs of all types The tests are to be carried out using all the simulants mentioned below, taking a fresh sample of the plastic material or article for each simulant: - distilled water or water of equivalent quality (= simulant A), - 3 % acetic acid (w/v) in aqueous solution (= simulant B), - 15 % ethanol (v/v) in aqueous solution (= simulant C), - rectified olive oil (1); if for technical reasons connected with the method of analysis it is necessary to use different simulants, olive oil must be replaced by a mixture of synthetic triglycerides (2) or by sunflower oil (= simulant D). 2. Special case: plastic materials and articles intended to come into contact with a single foodstuff or a specific group of foodstuffs The tests are to be carried out: - using only the simulants specified as appropriate for the foodstuff or group of foodstuffs in the list referred to in Article 2 (3), - where the foodstuff or group of foodstuffs is not included in the list referred to in the first indent, selecting the simulant or simulants prescribed in Section 1 which correspond most closely to the extractive capacity of the foodstuff or group of foodstuffs. CHAPTER II Test conditions (times and temperatures) 1. The migration tests are to be carried out, selecting from the times and temperatures specified in the table those which correspond most closely to the normal or foreseeable conditions of contact for the plastic materials or articles being studied. 2. If a plastic material or article is intended to be used successively at short intervals in several of the conditions of contact referred to in column 1 of the table, migration will be determined by subjecting that material or article successively to all the corresponding test conditions specified in column 2, using the same simulant. 3. For a given test time, where a plastic material or article passes the test at the higher temperature, the test need not be repeated at the lower temperature. For a given test temperature, where a plastic material or article passes the test over the longer time, the test need not be repeated over the shorter time. (1) Characteristics of rectified olive oil: - iodine index (Wijs) = 80 to 88, - refraction index at 25 °C = 1;4665 to 1;4679, - acidity (expressed in % of oleic acid = 0;5 % maximum, - peroxide index (expressed in milli-equivalents of oxygen per kg of oil) = 10 maximum. (2) Characteristics of the standard synthetic triglycerides mixture as described in K. Figge's article, 'Food cosmet. Toxicol' 10 (1972) 815. TABLE Test conditions (times (t) and temperatures (T)) to be chosen according to conditions of contact in actual use 1.2 // // // Conditions of contact in actual use // Test conditions // // // 1 // 2 // // // 1. Contact time: t > 24 hours // // 1.1. T µ 5 °C // 10 days at 5 °C // 1.2. 5 °C < T µ 40 °C (1) // 10 days at 40 °C // 2. Contact time: two hours µ t µ 24 hours // // 2.1. T µ 5 °C // 24 hours at 5 °C // 2.2. 5 °C < T µ 40 °C // 24 hours at 40 °C // 2.3. T > 40 °C // In accordance with national laws // 3. Contact time: t < two hours // // 3.1. T µ 5 °C // Two hours at 5 °C // 3.2. 5 °C < T µ 40 °C // Two hours at 40 °C // 3.3. 40 °C < T µ 70 °C // Two hours at 70 °C // 3.4. 70 °C < T µ 100 °C // One hour at 100 °C // 3.5. 100 °C < T µ 121 °C // 30 min at 121 °C // 3.6. T > 121 °C // In accordance with national laws // // (1) For plastic materials and articles in contact with foodstuffs for which a preservation temperature of less than 20 °C is specified on the labelling or by law, the test conditions will be 10 days at 20 °C. 4. Where the plastic material or article may in actual use be employed under any conditions of contact time or temperature, only the 10-day tests at 40 °C and the two-hour tests at 70 °C are to be carried out, these being conventionally regarded as the most stringent. If simulant D is used (rectified olive oil or substitutes for it), only the 10-day test at 40 °C is to be carried out. 5. If it is found that carrying out the tests under the conditions specified in the table causes physical or other changes in the plastic material or article which do not occur under normal or foreseeable conditions of use of that material or article, the migration tests should be carried out under conditions more appropriate to the specific case.

Summary: Testing migration of plastic materials in contact with foodstuffs Testing migration of plastic materials in contact with foodstuffs The basic rules necessary for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs are harmonised at European level. Migration is the quantity of material, in this case plastic, which can be transferred to foodstuffs in contact with the plastic and which is likely to constitute a danger to human health and alter the composition of the foodstuffs in an unacceptable manner. ACT Council Directive 82/711/EEC of 18 October 1982 laying down the basic rules necessary for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs [See amending acts]. SUMMARY The following text contains a consolidation of existing Directives relating to testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs (Directives 82/711/EEC, 93/8/EEC and 97/48/EC). The basic rules necessary for testing migration are included in the Annex to Directive 97/48/EC. The Annex also explains that migration tests may be carried out using simulants. Verification of compliance of migration into foodstuffs shall be carried out under the most extreme conditions of time and temperature foreseeable in actual use. For food simulants verification shall be carried out using conventional migration tests, the basic rules for which are described in Directive 93/8/EEC. The Directives lay down the procedure to be followed in cases where, for a given plastic material or article, the basic rules for migration tests are inappropriate. Migration limit, lists of approved substances and simulants The limit on overall migration and the list of substances approved within the scope of this Directive are stipulated in Directive 2002/72/EC (see "Related acts" below). The list of simulants for testing migration is found in Directive 85/572 (see "Related acts" below). Background European legislation (Directive 2002/72/EC) protects consumers' health by banning materials and articles in contact with foodstuffs which may transfer their constituents to foodstuffs in quantities which could endanger human health and by prohibiting substantial changes to foodstuffs, including their organoleptic characteristics. (Changes to organoleptic characteristics are permitted only in active materials if the substance is an additive that is authorised in foodstuffs). The latest scientific progress has led to innovations concerning articles in contact with foodstuffs. Regulation (EC) No 1935/2004 authorises two types of packaging: "intelligent" (indicating if the product has expired or deteriorated) and "active" (making chemical changes to foodstuffs to increase their durability). For further information on materials in contact with foodstuffs, please consult: materials containing vinyl chloride monomer. References Act Entry into force Deadline for transposition in the Member States Official Journal Directive 78/142/EEC 01.02.1978 26.11.1979 OJ L 44 of 15.02.1978; corrigendum L 163 of 20.06.1978 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Directive 82/711/EEC 04.11.1982 - OJ L 297 of 23.10.1982 Directive 93/8/EEC 22.03.1993 - OJ L 90 of 14.04.1993 Directive 97/48/EC 01.09.1997 01.07.1998 OJ L 222 of 12.08.1997 RELATED ACTS Commission Regulation (EC) No 1895/2005 of 18 November 2005 on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food [Official Journal L 302 of 19.11.2005] Commission Directive 2002/72/EC of 6 August 2002 relating to plastic materials and articles intended to come into contact with foodstuffs [Official Journal L 220 of 15.08.2002] This Directive establishes a limit on overall migration, a list of approved substances and other specific restrictions. It repeals Directive 90/128/EEC. Commission Directive 93/10/EEC of 15 March 1993 relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs Most recently amended by: Directive 2004/14/EC [Official Journal L 27 of 30.01.2004] Directive 85/572/EEC [Official Journal L 372 of 31.12.1985] This is a measure implementing Directive 82/711/EEC. The Annex lists and stipulates the concentration of food simulants authorised for testing migration. Thus, prior legislation on plastic packaging is applied while taking account of technical progress in migration testing. Last updated: 08.08.2006


9.10.1980 EN Official Journal of the European Communities L 266/1 CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS opened for signature in Rome on 19 June 1980 (80/934/EEC) PREAMBLE THE HIGH CONTRACTING PARTIES to the Treaty establishing the European Economic Community, ANXIOUS to continue in the field of private international law the work of unification of law which has already been done within the Community, in particular in the field of jurisdiction and enforcement of judgments, WISHING to establish uniform rules concerning the law applicable to contractual obligations, HAVE AGREED AS FOLLOWS: TITLE I SCOPE OF THE CONVENTION Article 1 Scope of the Convention 1. The rules of this Convention shall apply to contractual obligations in any situation involving a choice between the laws of different countries. 2. They shall not apply to: (a) questions involving the status or legal capacity of natural persons, without prejudice to Article 11; (b) contractual obligations relating to: — wills and succession, — rights in property arising out of a matrimonial relationship, — rights and duties arising out of a family relationship, parentage, marriage or affinity, including maintenance obligations in respect of children who are not legitimate; (c) obligations arising under bills of exchange, cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character; (d) arbitration agreements and agreements on the choice of court; (e) questions governed by the law of companies and other bodies corporate or unincorporate such as the creation, by registration or otherwise, legal capacity, -internal organization or winding up of companies and other bodies corporate or unincorporate and the personal liability of officers and members as such for the obligations of the company or body; (f) the question whether an agent is able to bind a principal, or an organ to bind a company or body corporate or unincorporate, to a third party; (g) the constitution of trusts and the relationship between settlors, trustees and beneficiaries; (h) evidence and procedure, without prejudice to Article 14. 3. The rules of this Convention do not apply to contracts of insurance which cover risks situated in the territories of the Member States of the European Economic Community. In order to determine whether a risk is situated in these territories the court shall apply its internal law. 4. The preceding paragraph does not apply to contracts of re-insurance. Article 2 Application of law of non-contracting States Any law specified by this Convention shall be applied whether or not it is the law of a Contracting State. TITLE II UNIFORM RULES Article 3 Freedom of choice 1. A contract shall be governed by the law chosen by the parties. The choice must be expressed or demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case. By their choice the parties can select the law applicable to the whole or a part only of the contract. 2. The parties may at any time agree to subject the contract to a law other than that which previously governed it, whether as a result of an earlier choice under this Article or of other provisions of this Convention. Any variation by the parties of the law to be applied made after the conclusion of the contract shall not prejudice its formal validity under Article 9 or adversely affect the rights of third parties. 3. The fact that the parties have chosen a foreign law, whether or not accompanied by the choice of a foreign tribunal, shall not, where all the other elements relevant to the situation at the time of the choice are connected with one country only, prejudice the application of rules of the law of that country which cannot be derogated from by contract, hereinafter called ‘mandatory rules’. 4. The existence and validity of the consent of the parties as to the choice of the applicable law shall be determined in accordance with the provisions of Articles 8, 9 and 11. Article 4 Applicable law in the absence of choice 1. To the extent that the law applicable to the contract has not been chosen in accordance with Article 3, the contract shall be governed by the law of the country with which it is most closely connected. Nevertheless, a severable part of the contract which has a closer connection with another country may by way of exception be governed by the law of that other country. 2. Subject to the provisions of paragraph 5 of this Article, it shall be presumed that the contract is most closely connected with the country where the party who is to effect the performance which is characteristic of the contract has, at the time of conclusion of the contract, his habitual residence, or, in the case of a body corporate or unincorporate, its central administration. However, if the contract is entered into in the course of that party's trade or profession, that country shall be the country in which the principal place of business is situated or, where under the terms of the contract the performance is to be effected through a place of business other than the principal place of business, the country in which that other place of business is situated. 3. Notwithstanding the provisions of paragraph 2 of this Article, to the extent that the subject matter of the contract is a right in immovable property or a right to use immovable property it shall be presumed that the contract is most closely connected with the country where the immovable property is situated. 4. A contract for the carriage of goods shall not be subject to the presumption in paragraph 2. In such a contract if the country in which, at the time the contract is concluded, the carrier has his principal place of business is also the country in which the place of loading or the place of discharge or the principal place of business of the consignor is situated, it shall be presumed that the contract is most closely connected with that country. In applying this paragraph single voyage charter-parties and other contracts the main purpose of which is the carriage of goods shall be treated as contracts for the carriage of goods. 5. Paragraph 2 shall not apply if the characteristic performance cannot be determined, and the presumptions in paragraphs 2, 3 and 4 shall be disregarded if it appears from the circumstances as a whole that the contract is more closely connected with another country. Article 5 Certain consumer contracts 1. This Article applies to a contract the object of which is the supply of goods or services to a person (‘the consumer’) for a purpose which can be regarded as being outside his trade or profession, or a contract for the provision of credit for that object. 2. Notwithstanding the provisions of Article 3, a choice of law made by the parties shall not have the result of depriving the consumer of the protection afforded to him by the mandatory rules of the law of the country in which he has his habitual residence: — if in that country the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and he had taken in that country all the steps necessary on his part for the conclusion of the contract, or — if the other party or his agent received the consumer's order in that country, or — if the contract is for the sale of goods and the consumer travelled from that country to another country and there gave his order, provided that the consumer's journey was arranged by the seller for the purpose of inducing the consumer to buy. 3. Notwithstanding the provisions of Article 4, a contract to which this Article applies shall, in the absence of choice in accordance with Article 3, be governed by the law of the country in which the consumer has his habitual residence if it is entered into in the circumstances described in paragraph 2 of this Article. 4. This Article shall not apply to: (a) a contract of carriage; (b) a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. 5. Notwithstanding the provisions of paragraph 4, this Article shall apply to a contract which, for an inclusive price, provides for a combination of travel and accommodation. Article 6 Individual employment contracts 1. Notwithstanding the provisions of Article 3, in a contract of employment a choice of law made by the parties shall not have the result of depriving the employee of the protection afforded to him by the mandatory rules of the law which would be applicable under paragraph 2 in the absence of choice. 2. Notwithstanding the provisions of Article 4, a contract of employment shall, in the absence of choice in accordance with Article 3, be governed: (a) by the law of the country in which the employee habitually carries out his work in performance of the contract, even if he is temporarily employed in another country; or (b) if the employee does not habitually carry out his work in any one country, by the law of the country in which the place of business through which he was engaged is situated; unless it appears from the circumstances as a whole that the contract is more closely connected with another country, in which case the contract shall be governed by the law of that country. Article 7 Mandatory rules 1. When applying under this Convention the law of a country, effect may be given to the mandatory rules of the law of another country with which the situation has a close connection, if and in so far as, under the law of the latter country, those rules must be applied whatever the law applicable to the contract. In considering whether to give effect to these mandatory rules, regard shall be had to their nature and purpose and to the consequences of their application or non-application. 2. Nothing in this Convention shall restrict the application of the rules of the law of the forum in a situation where they are mandatory irrespective of the law otherwise applicable to the contract. Article 8 Material validity 1. The existence and validity of a contract, or of any term of a contract, shall be determined by the law which would govern it under this Convention if the contract or term were valid. 2. Nevertheless a party may rely upon the law of the country in which he has his habitual residence to establish that he did not consent if it appears from the circumstances that it would not be reasonable to determine the effect of his conduct in accordance with the law specified in the preceding paragraph. Article 9 Formal validity 1. A contract concluded between persons who are in the same country is formally valid if it satisfies the formal requirements of the law which governs it under this Convention or of the law of the country where it is concluded. 2. A contract concluded between persons who are in different countries is formally valid if it satisfies the formal requirements of the law which governs it under this Convention or of the law of one of those countries. 3. Where a contract is concluded by an agent, the country in which the agent acts is the relevant country for the purposes of paragraphs 1 and 2. 4. An act intended to have legal effect relating to an existing or contemplated contract is formally valid if it satisfies the formal requirements of the law which under this Convention governs or would govern the contract or of the law of the country where the act was done. 5. The provisions of the preceding paragraphs shall not apply to a contract to which Article 5 applies, concluded in the circumstances described in paragraph 2 of Article 5. The formal validity of such a contract is governed by the law of the country in which the consumer has his habitual residence. 6. Notwithstanding paragraphs 1 to 4 of this Article, a contract the subject matter of which is a right in immovable property or a right to use immovable property shall be subject to the mandatory requirements of form of the law of the country where the property is situated if by that law those requirements are imposed irrespective of the country where the contract is concluded and irrespective of the law governing the contract. Article 10 Scope of the applicable law 1. The law applicable to a contract by virtue of Articles 3 to 6 and 12 of this Convention shall govern in particular: (a) interpretation; (b) performance; (c) within the limits of the powers conferred on the court by its procedural law, the consquences of breach, including the assessment of damages in so far as it is governed by rules of law; (d) the various ways of extinguishing obligations, and prescription and limitation of actions; (e) the consequences of nullity of the contract. 2. In relation to the manner of performance and the steps to be taken in the event of defective performance regard shall be had to the law of the country in which performance takes place. Article 11 Incapacity In a contract concluded between persons who are in the same country, a natural person who would have capacity under the law of that country may invoke his incapacity resulting from another law only if the other party to the contract was aware of this incapacity at the time of the conclusion of the contract or was not aware thereof as a result of negligence. Article 12 Voluntary assignment 1. The mutual obligations of assignor and assignee under a voluntary assignment of a right against another person (‘the debtor’) shall be governed by the law which under this Convention applies to the contract between the assignor and assignee. 2. The law governing the right to which the assignment relates shall determine its assignability, the relationship betweeen the assignee and the debtor, the conditions under which the assignment can be invoked against the debtor and any question whether the debtor's obligations have been discharged. Article 13 Subrogation 1. Where a person (‘the creditor’) has a contractual claim upon another (‘the debtor’), and a third person has a duty to satisfy the creditor, or has in fact satisfied the creditor in discharge of that duty, the law which governs the third person's duty to satisfy the creditor shall determine whether the third person is entitled to exercise against the debtor the rights which the creditor had against the debtor under the law governing their relationship and, if so, whether he may do so in full or only to a limited extent. 2. The same rule applies where several persons are subject to the same contractual claim and one of them has satisfied the creditor. Article 14 Burden of proof, etc. 1. The law governing the contract under this Convention applies to the extent that it contains, in the law of contract, rules which raise presumptions of law or determine the burden of proof. 2. A contract or an act intended to have legal effect may be proved by any mode of proof recognized by the law of the forum or by any of the laws referred to in Article 9 under which that contract or act is formally valid, provided that such mode of proof can be administered by the forum. Article 15 Exclusion of renvoi The application of the law of any country specified by this Convention means the application of the rules of law in force in that country other than its rules of private international law. Article 16 ‘Ordre public’ The application of a rule of the law of any country specified by this Convention may be refused only if such application is manifestly incompatible with the public policy (‘ordre public’) of the forum. Article 17 No retrospective effect This Convention shall apply in a Contracting State to contracts made after the date on which this Convention has entered into force with respect to that State. Article 18 Uniform interpretation In the interpretation and application of the preceding uniform rules, regard shall be had to their international character and to the desirability of achieving uniformity in their interpretation and application. Article 19 States with more than one legal system 1. Where a State comprises several territorial units each of which has its own rules of law in respect of contractual obligations, each territorial unit shall be considered as a country for the purposes of identifying the law applicable under this Convention. 2. A State within which different territorial units have their own rules of law in respect of contractual obligations shall not be bound to apply this Convention to conflicts solely between the laws of such units. Article 20 Precedence of Community law This Convention shall not affect the application of provisions which, in relation to particular matters, lay down choice of law rules relating to contractual obligations and which are or will be contained in acts of the institutions of the European Communities or in national laws harmonized in implementation of such acts. Article 21 Relationship with other conventions This Convention shall not prejudice the application of international conventions to which a Contracting State is, or becomes, a party. Article 22 Reservations 1. Any Contracting State may, at the time of signature, ratification, acceptance or approval, reserve the right not to apply: (a) the provisions of Article 7 (1); (b) the provisions of Article 10 (1) (e). 2. Any Contracting State may also, when notifying an extension of the Convention in accordance with Article 27 (2), make one or more of these reservations, with its effect limited to all or some of the territories mentioned in the extension. 3. Any Contracting State may at any time withdraw a reservation which it has made; the reservation shall cease to have effect on the first day of the third calendar month after notification of the withdrawal. TITLE III FINAL PROVISIONS Article 23 1. If, after the date on which this Convention has entered into force for a Contracting State, that State wishes to adopt any new choice of law rule in regard to any particular category of contract within the scope of this Convention, it shall communicate its intention to the other signatory States through the Secretary-Geneal of the Council of the European Communities. 2. Any signatory State may, within six months from the date of the communication made to the Secretary-General, request him to arrange consultations between signatory States in order to reach agreement. 3. If no signatory State has requested consultations within this period or if within two years following the communication made to the Secretary-General no agreement is reached in the course of consultations, the Contracting State concerned may amend its law in the manner indicated. The measures taken by that State shall be brought to the knowledge of the other signatory States through the Secretary-General of the Council of the European Communities. Article 24 1. If, after the date on which this Convention has entered into force with respect to a Contracting State, that State wishes to become a party to a multilateral convention whose principal aim or one of whose principal aims is to lay down rules of private international law concerning any of the matters governed by this Convention, the procedure set out in Article 23 shall apply. However, the period of two years, referred to in paragraph 3 of that Article, shall be reduced to one year. 2. The procedure referred to in the preceding paragraph need not be followed if a Contracting State or one of the European Communities is already a party to the multilateral convention, or if its object is to revise a convention to which the State concerned is already a party, or if it is a convention concluded within the framework of the Treaties establishing the European Communities. Article 25 If a Contracting State considers that the unification achieved by this Convention is prejudiced by the conclusion of agreements not covered by Article 24 (1), that State may request the Secretary-General of the Council of the European Communities to arrange consultations between the signatory States of this Convention. Article 26 Any Contracting State may request the revision of this Convention. In this event a revision conference shall be convened by the President of the Council of the European Communities. Article 27 1. This Convention shall apply to the European territories of the Contracting States, including Greenland, and to the entire territory of the French Republic. 2. Nothwithstanding paragraph 1: (a) this Convention shall not apply to the Faroe Islands, unless the Kingdom of Denmark makes a declaration to the contrary; (b) this Convention shall not apply to any European territory situated outside the United Kingdom for the international relations of which the United Kingdom is responsible, unless the United Kingdom makes a declaration to the contrary in respect of any such territory; (c) this Convention shall apply to the Netherlands Antilles, if the Kingdom of the Netherlands makes a declaration to that effect. 3. Such declarations may be made at any time by notifying the Secretary-General of the Council of the European Communities. 4. Proceedings brought in the United Kingdom on appeal from courts in one of the territories referred to in paragraph 2 (b) shall be deemed to be proceedings taking place in those courts. Article 28 1. This Convention shall be open from 19 June 1980 for signature by the States party to the Treaty establishing the European Economic Community. 2. This Convention shall be subject to ratification, acceptance or approval by the signatory States. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of the European Communities. Article 29 1. This Convention shall enter into force on the first day of the third month following the deposit of the seventh instrument of ratification, acceptance or approval. 2. This Convention shall enter into force for each signatory State ratifying, accepting or approving at a later date on the first day of the third month following the deposit of its instrument of ratification, acceptance or approval. Article 30 1. This Convention shall remain in force for 10 years from the date of its entry into force in accordance with Article 29 (1), even for States for which it enters into force at a later date. 2. If there has been no denunciation it shall be renewed tacitly every five years. 3. A Contracting State which wishes to denounce shall, not less than six months before the expiration of the period of 10 or five years, as the case may be, give notice to the Sectretary-General of the Council of the European Communities. Denunciation may be limited to any territory to which the Convention has been extended by a declaration under Article 27 (2). 4. The denunciation shall have effect only in relation to the State which has notified it. The Convention will remain in force as between all other Contracting States. Article 31 The Secretary-General of the Council of the European Communities shall notify the States party to the Treaty establishing the European Economic Community of: (a) the signatures; (b) the deposit of each instrument of ratification, acceptance or approval; (c) the date of entry into force of this Convention; (d) communications made in pursuance of Articles 23, 24, 25, 26, 27 and 30; (e) the reservations and withdrawals of reservations referred to in Article 22. Article 32 The Protocol annexed to this Convention shall form an integral part thereof. Article 33 This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Irish and Italian languages, these texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy thereof to the Government of each signatory State. Til bekræftelse heraf har undertegnede behørigt befuldmægtigede underskrevet denne konvention. Zu Urkund dessen haben die hierzu gehörig befugten Unterzeichneten ihre Unterschriften unter dieses Übereinkommen gesetzt. In witness whereof the undersigned, being duly authorized thereto, have signed this Convention. En foi de quoi, les soussignés, dûment autorisés à cet effet, ont signé la présente convention. Dá fhianú sin, shínigh na daoine seo thíos, arna n-údarú go cuí chuige sin, an Coinbhinsiún seo. In fede di che, i sottoscritti, debitamente autorizzati a tal fine, hanno firmato la presente convenzione. Ten blijke waarvan, de ondergetekenden, daartoe behoorlijk gemachtigd, hun handtekening onder dit Verdrag hebben geplaatst. Udfærdiget i Rom, den nittende juni nitten hundrede og firs. Geschehen zu Rom am neunzehnten Juni neunzehnhundertachtzig. Done at Rome on the nineteenth day of June in the year one thousand nine hundred and eighty. Fait à Rome, le dix-neuf juin mil neuf cent quatre-vingt. Arna dhéanamh sa Róimh, an naoú lá déag de Mheitheamh sa bhliain míle naoi gcéad ochtó. Fatto a Roma, addì diciannove giugno millenovecentoottanta. Gedaan te Rome, de negentiende juni negentienhonderd tachtig. Pour le royaume de Belgique Voor het Koninkrijk België På kongeriget Danmarks vegne Für die Bundesrepublik Deutschland Pour la République française Thar ceann na hÉireann Per la Repubblica italiana Pour le grand-duché de Luxembourg Voor het Koninkrijk der Nederlanden For the United Kingdom of Great Britain and Northern Ireland PROTOCOL The High Contracting Parties have agreed upon the following provision which shall be annexed to the Convention: Notwithstanding the provisions of the Convention, Denmark may retain the rules contained in Søloven (Statute on Maritime Law) paragraph 169 concerning the applicable law in matters relating to carriage of goods by sea and may revise these rules without following the procedure prescribed in Article 23 of the Convention. Til bekræftelse heraf har undertegnede behørigt befuldmægtigede underskrevet denne protokol. Zu Urkund dessen haben die hierzu gehörig befugten Unterzeichneten ihre Unterschriften unter dieses Protokoll gesetzt. In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol. En foi de quoi, les soussignés, dûment autorisés à cet effet, ont signé le présent protocole. Dá fhianú sin, shínigh na daoine seo thíos, arna n-údarú go cuí chuige sin, an Prótacal seo. In fede di che, i sottoscritti, debitamente autorizzati a tal fine, hanno firmato il presente protocollo. Ten blijke waarvan, de ondergetekenden, daartoe behoorlijk gemachtigd, hun handtekening onder dit Protocol hebben geplaatst. Udfærdiget i Rom, den nittende juni nitten hundrede og firs. Geschehen zu Rom am neunzehnten Juni neunzehnhundertachtzig. Done at Rome on the nineteenth day of June in the year one thousand nine hundred and eighty. Fait à Rome, le dix-neuf juin mil neuf cent quatre-vingt. Arna dhéanamh sa Róimh, an naoú lá déag de Mheitheamh sa bhliain míle naoi gcéad ochtó. Fatto a Roma, addì diciannove giugno millenovecentoottanta. Gedaan te Rome, de negentiende juni negentienhonderd tachtig. Pour le royaume de Belgique Voor het Koninkrijk België På kongeriget Danmarks vegne Für die Bundesrepublik Deutschland Pour la République française Thar ceann na hÉireann Per la Repubblica italiana Pour le grand-duché de Luxembourg Voor het Koninkrijk der Nederlanden For the United Kingdom of Great Britain and Northern Ireland JOINT DECLARATION At the time of the signature of the Convention on the law applicable to contractual obligations, the Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland, I. anxious to avoid, as far as possible, dispersion of choice of law rules among several instruments and differences between these rules, express the wish that the institutions of the European Communities, in the exercise of their powers under the Treaties by which they were established, will, where the need arises, endeavour to adopt choice of law rules which are as far as possible consistent with those of this Convention; II. declare their intention as from the date of signature of this Convention until becoming bound by Article 24, to consult with each other if any one of the signatory States wishes to become a party to any convention to which the procedure referred to in Article 24 would apply; III. having regard to the contribution of the Convention on the law applicable to contractual obligations to the unification of choice of law rules within the European Communities, express the view that any State which becomes a member of the European Communities should accede to this Convention Til bekræftelse heraf har undertegnede beh¢rigt befuldmægtigede underskrevet denne fælleserklæring. Zu Urkund dessen haben die hierzu gehörig befugten Unterzeichneten ihre Unterschriften unter diese gemeinsame Erklärung gesetzt. In witness whereof the undersigned, being duly authorized thereto, have signed this Joint Declaration. En foi de quoi, les soussignés, dûment autorisés à cet effet, ont signé la présente déclaration commune. Dá fhianú sin, shínigh na daoine seo thíos, arna n-údarú go cuí chuige sin, an Dearbhu Comhphaírteach seo. In fede di che, i sottoscritti, debitamente autorizzati a tal fine, hanno firmato la presente dichiarazione comune. Ten blijke waarvan, de ondergetekenden, daartoe behoorlijk gemachtigd, hun handtekening onder deze Verklaring hebben geplaatst. Udfærdiget i Rom, den nittende juni nitten hundrede og firs. Geschehen zu Rom am neunzehnten Juni neunzehnhundertachtzig. Done at Rome on the nineteenth day of June in the year one thousand nine hundred and eighty. Fait à Rome, le dix-neuf juin mil neuf cent quatre-vingt. Arna dhéanamh sa Róimh, an naoú lá déag de Mheitheamh sa bhliain míle naoi gcéad ochtó. Fatto a Roma, addì diciannove giugno millenovecentoottanta. Gedaan te Rome, de negentiende juni negentienhonderd tachtig. Pour le gouvernement du royaume de Belgique Voor de Regering van het Koninkrijk België På kongeriget Danmarks vegne Für die Regierung der Bundesrepublik Deutschland Pour le gouvernement de la République française Thar ceann Rialtas na hÉireann Per il governo della Repubblica italiana Pour le gouvernement du grand-duché de Luxembourg Voor de Regering van het Koninkrijk der Nederlanden For the Government of the United Kingdom of Great Britain and Northern Ireland JOINT DECLARATION The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, and the United Kingdom of Great Britain and Northern Ireland, On signing the Convention on the law applicable to contractual obligations; Desiring to ensure that the Convention is applied as effectively as possible; Anxious to prevent differences of interpretation of the Convention from impairing its unifying effect; Declare themselves ready: 1. to examine the possibility of conferring jurisdicition in certain matters on the Court of Justice of the European Communities and, if necessary, to negotiate an agreement to this effect; 2. to arrange meetings at regular intervals between their representatives. Til bekræftelse heraf har undertegnede beh¢rigt befuldmægtigede underskrevet denne fælleserklæring. Zu Urkund dessen haben die hierzu gehörig befugten Unterzeichneten ihre Unterschriften unter diese gemeinsame Erklärung gesetzt. In witness whereof the undersigned, being duly authorized thereto, have signed this Joint Declaration. En foi de quoi, les soussignés, dûment autorisés à cet effet, ont signé la présente déclaration commune. Dá fhianú sin shínigh na daoine seo thíos, arna n-údarú go cuí chuige sin, an Dearbhu Comhpháirteach seo. In fede di che, i sottoscritti, debitamente autorizzati a tal fine, hanno firmato la presente dichiarazione comune. Ten blijke waarvan, de ondergetekenden, daartoe behoorlijk gemachtigd, hun handtekening onder deze Verklaring hebben geplaatst. Udfærdiget i Rom, den nittende juni nitten hundrede og firs. Geschehen zu Rom am neunzehnten Juni neunzehnhundertachtzig. Done at Rome on the nineteenth day of June in the year one thousand nine hundred and eighty. Fait à Rome, le dix-neuf juin mil neuf cent quatre-vingt. Ama dhéanamh sa Róimh, an naoú lá déag de Mheitheamh sa bhliain míle naoi gcéad ochtó. Fatto a Roma, addì diciannove giugno millenovecentoottanta. Gedaan te Rome, de negentiende juni negentienhonderd tachtig. Pour le gouvernement du royaume de Belgique Voor de Regering van het Koninkrijk België På kongeriget Danmarks vegne Für die Regierung der Bundesrepublik Deutschland Pour le gouvernement de la République française Thar ceann Rialtas na hÉireann Per il governo della Repubblica italiana Pour le gouvernement du grand-duché de Luxembourg Voor de Regering van het Koninkrijk der Nederlanden For the Government of the United Kingdom of Great Britain and Northern Ireland

Summary: Convention on the law applicable to contractual obligations (Rome Convention) Convention on the law applicable to contractual obligations (Rome Convention) SUMMARY OF: Convention 80/934/EEC on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980 WHAT IS THE AIM OF THE CONVENTION? The convention establishes uniform rules concerning the law applicable to contractual obligations in the EU. KEY POINTS The convention on the law applicable to contractual obligations was opened for signature in Rome on 19 June 1980 for the then 9 European Economic Community (EEC) countries now EU. It entered into force on 1 April 1991. In due course, all the new members of the EEC signed the convention. When the convention was signed by Austria, Finland and Sweden, a consolidated version was drawn up and published in the Official Journal in 1998. A further consolidated version was published in the Official Journal in 2005, following the accession of 10 new countries to the convention. The Convention was replaced, among all EU countries except Denmark, by Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation). The Rome Convention continues to apply to Denmark. It continues to apply to contractual obligations concluded before the entry into application of the Rome I Regulation. The convention applies to contractual obligations in situations involving a choice between national laws — even where the law it designates is that of a non-contracting country — with the exception of: questions involving the status or legal capacity of natural persons; contractual obligations relating to wills, matrimonial property rights or other family relationships; obligations arising under negotiable instruments (bills of exchange, cheques, promissory notes, etc.); arbitration agreements and agreements on the choice of court; questions governed by the law of companies and other corporate and unincorporated bodies; the question of whether an agent is able to bind a principal to a third party (or an organ to bind a company, or a corporate or unincorporated body); the constitution of trusts and questions relating to their organisation; evidence and procedure; contracts of insurance that cover risks in the territories of the EU countries (excluding reinsurance contracts). The signatories to a contract may choose the law applicable to the whole or a part of the contract, and select the court that will have jurisdiction over disputes. By mutual agreement, they may change the law applicable to the contract at any time (principle of freedom of choice). If the parties have not made an explicit choice of applicable law, the contract is governed by the law of the country with which it is most closely connected, according to, for example, the place of habitual residence or place of central administration of the party performing the contract, or the principal place of business or another place of business of the party performing the contract. However: where the contract concerns immovable property, the law applicable by default is that of the country in which the property is situated; where the contract concerns the transport of goods, the applicable law is determined according to the place of loading or unloading, or the principal place of business of the consignor. To protect the rights of the consumer, the supply of goods or services to a person is covered by special conditions, according to the principle of the protection of the weaker party. Unless the parties decide otherwise, such contracts are governed by the law of the consumer’s country of residence. In no circumstances may the choice of law disadvantage the consumer or deprive him or her of the protection of more favourable law in his or her country of residence. These rules do not apply to contracts of carriage or contracts for the supply of services in a country other than the consumer’s country of residence. In the case of employment contracts, one of the following will apply: the law of the country in which the employee habitually carries out his work; the law of the country in which the company that employed the worker has its place of business; the law of the country with which the employment contract is most closely associated. If the parties decide to select another law to apply to the contract, this choice may not be at the expense of the protection of the worker. FROM WHEN DOES THE CONVENTION APPLY? It has applied since 1 January 1991. MAIN DOCUMENTS Convention 80/934/EEC on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980 (OJ L 266, 9.10.1980, pp. 1-19) Corrigendum to the Convention on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980 (OJ L 58, 5.3.1983, p. 14) RELATED DOCUMENTS Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, pp. 6-16) Successive amendments to Regulation (EC) No 593/2008 have been incorporated in the original text. This consolidated version is of documentary value only. Convention on the law applicable to contractual obligations (Consolidated version) — First protocol on the interpretation of the 1980 convention by the Court of Justice (Consolidated version) — Second protocol conferring on the Court of Justice powers to interpret the 1980 convention (Consolidated version) (OJ C 334, 30.12.2005, pp. 1-27) Corrigendum to the Convention on the law applicable to contractual obligations (Consolidated version) (OJ C 61, 6.3.2008, p. 20) Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, and to the First and Second Protocols on its interpretation by the Court of Justice (OJ C 15, 15.1.1997, pp. 10-16) Convention 92/529/EEC on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980 (OJ L 333, 18.11.1992, pp. 1-26) last update 10.09.2018