EUR-Lex - 32001H0166 - EN Avis juridique important | 32001H0166 Recommendation of the European Parliament and of the Council of 12 February 2001 on European cooperation in quality evaluation in school education Official Journal L 060 , 01/03/2001 P. 0051 - 0053 Recommendation of the European Parliament and of the Councilof 12 February 2001on European cooperation in quality evaluation in school education(2001/166/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 149(4) and Article 150(4) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the Economic and Social Committee(1),Having regard to the opinion of the Committee of the Regions(2),Acting in accordance with the procedure referred to in Article 251 of the Treaty(3),Whereas:(1) There is a need to promote a European dimension in education as it is an essential objective in building a people's Europe.(2) Quality education is one of the principal objectives of primary and secondary education, including vocational education, for all Member States in the context of the learning society.(3) The quality of school education must be assured at all levels and in all areas of education, regardless of any differences in educational objectives, methods and needs, and regardless of school excellence rankings where they exist.(4) The resources devoted to education have increased in all industrialised countries during the last decades. Education is seen not only as a personal enrichment but also as a contribution towards social cohesion, social inclusion and the solution to problems of employment. Lifelong learning is an important means of controlling one's future on a professional and personal level. Quality education is essential in the light of labour market policies, the free movement of workers within the Community and the recognition of diplomas and teaching qualifications.(5) It is the responsibility of the Member States to ensure, when they have the possibility, that school syllabuses take account of developments in society.(6) Member States should help the educational establishments to meet the educational and social requirements in the new millennium and to keep pace with the developments arising from them. Member States should therefore support the educational establishments in order to improve the quality of the services they provide by helping them to develop new initiatives geared to ensure the quality of teaching and by helping them to encourage both the movement of persons between countries and the transfer of knowledge.(7) In the area of labour market policies, the Council adopts each year a set of employment guidelines building on quantitative targets and indicators. Guideline 7 of the employment guidelines for 2000, set out in the Annex to Decision/2000/228/EC(4), states that Member States will "improve the quality of their school systems in order to reduce substantially the number of young people who drop out of the school system early. Particular attention should also be given to young people with learning difficulties".(8) In guideline 8 of the said guidelines, specific reference is made to developing computer literacy, to equipping schools with computer equipment and to facilitating student access to the Internet by the end of 2002, which should have a positive impact on the quality of education and prepare young people for the digital age.(9) The promotion of mobility enshrined as an objective of the Community in Articles 149 and 150 of the Treaty should be encouraged by quality education.(10) European cooperation and transnational exchanges of experiences will contribute to identifying and disseminating effective and acceptable methods of evaluating quality.(11) Systems designed to ensure quality must remain flexible and be adaptable to the new situation created by changes in the structure and objectives of educational establishments, taking into account the cultural dimension of education.(12) Systems to ensure quality vary from one Member State and one educational establishment to another, given the diversity in the sizes, structures, financial circumstances, institutional character and educational approach of different establishments.(13) Quality evaluation and school self-evaluation in particular are tools well suited to the aim of combating the number of young people who drop out of the school system early and social exclusion in general.(14) In order to achieve the objective of quality education, a whole range of means are available. Quality evaluation is one of them and is a valuable contribution to securing and developing the quality of education within general and vocational schools. The quality evaluation of education must seek, inter alia, to assess the capacity of schools to take account of the use of the new information technologies which are becoming more widespread.(15) The networking at European level of institutions involved in quality evaluation in school education is of fundamental importance. Existing networks such as the European network of policy makers for the evaluation of education systems set up by the Member States in 1995 can provide invaluable aid to the implementation of this recommendation.(16) The Commission conducted a pilot project on quality evaluation in higher education in 1994 and 1995. Council Recommendation 98/561/EC of 24 September 1998 on European cooperation in quality assurance in higher education(5) underlines the importance of the exchange of information and experiences and cooperation regarding quality assurance between other Member States.(17) The Socrates programme(6), in particular Action 6.1., invites the Commission to promote the exchange of information and experience on questions of common interest. Evaluating quality in school education is one of the priority themes of the said Action.(18) The Commission has, since March 1996, launched various studies and operational activities to examine the question of evaluation from different perspectives with the aim of describing the wide variety and wealth of approaches and education evaluation methodologies used at different levels.(19) The Commission conducted a pilot project during the academic year 1997/1998 in 101 upper and lower secondary schools in the countries participating in the Socrates programme, which raised awareness of quality issues and helped to improve the quality of education in those schools. The final report, June 1999, entitled "Evaluation quality in school education, A European pilot project" emphasises a range of methodological elements as important elements for successful self-evaluation.(20) In its conclusions of 16 December 1997(7), the Council stated that evaluation is also an important element for assuring and, where appropriate, improving quality.(21) The Council Presidency declared in its conclusions at the Extraordinary European Council held in Lisbon on 23 and 24 March 2000 that European education and training systems must adapt both to the needs of the information society and to the need to raise levels of employment and improve its quality.(22) With a view to the enlargement of the Union, the accession countries should be involved in European cooperation in the field of quality evaluation.(23) It is necessary to take account of the principle of subsidiarity and Member States' exclusive responsibilities for the organisation and structure of their education systems, so that the particular cultural character and educational traditions of each State can flourish,I. RECOMMEND THAT MEMBER STATES:within their specific economic, social and cultural context while taking due account of the European dimension, support the improvement of quality evaluation in school education, by:1. supporting and, where appropriate, establishing transparent quality evaluation systems with the following aims:(a) to secure quality education, whilst promoting social inclusion, and equal opportunities for girls and boys,(b) to safeguard quality of school education as a basis for lifelong learning,(c) to encourage school self-evaluation as a method of creating learning and improving schools, within a balanced framework of school self-evaluation and any external evaluations,(d) to use techniques aimed at improving quality as a means of adapting more successfully to the requirements of a world in rapid and constant change,(e) to clarify the purpose and the conditions for school self-evaluation, and to ensure that the approach to self-evaluation is consistent with other forms of regulation,(f) to develop external evaluation in order to provide methodological support for school self-evaluation and to provide an outside view of the school encouraging a process of continuous improvement and taking care that this is not restricted to purely administrative checks;2. encouraging and supporting, where appropriate, the involvement of school stakeholders, including teachers, pupils, management, parents and experts, in the process of external and self-evaluation in schools in order to promote shared responsibility for the improvement of schools;3. supporting training in the management and the use of self-evaluation instruments with the following aims:(a) to make school self-evaluation function effectively as an instrument strengthening the capacity of schools to improve,(b) to ensure an efficient dissemination of examples of good practice and new instruments within self-evaluation;4. supporting the capacity of schools to learn from one another nationally and on a European scale, with the following aims:(a) to identify and to disseminate good practice and efficient tools such as indicators and benchmarks in the field of quality evaluation in school education,(b) to form networks between schools, at all appropriate levels, to support each other and provide outside impetus to the evaluation process;5. encouraging cooperation between all the authorities involved in quality evaluation in school education and promoting their European networking.This cooperation could cover some of the following areas:(a) the exchange of information and experience, in particular on methodological developments and examples of good practice, especially by using modern information and communication technologies, and, when appropriate, by organising European conferences, seminars and workshops,(b) the collection of data and the development of tools such as indicators and benchmarks of particular relevance for quality evaluation in schools,(c) publication of results of school evaluation in accordance with the relevant policies of each Member State and its educational establishments, to be made available to authorities in the Member States,(d) promoting contacts between experts in order to build European expertise in the area,(e) making use of the results of international surveys for the development of quality evaluation in schools.II. INVITE THE COMMISSION:1. to encourage, in close cooperation with the Member States, and on the basis of existing Community programmes, the cooperation referred to in points 4 and 5 of Section I, also involving relevant organisations and associations with the necessary experience in this field.In doing this, the Commission should ensure that full benefit is drawn from the expertise of the Eurydice network referred to in Action 6.1. of the Socrates programme;2. to establish, on the basis of the existing Community programmes, a database for the dissemination of effective tools and instruments of school quality evaluation. The database should also contain examples of good practice and be accessible on the Internet; interactive use thereof should be ensured;3. to make use of the resources within existing Community programmes, to incorporate the experience already gained into these programmes and to develop the existing networks;4. to make, as a first step, an inventory of the instruments and strategies for quality evaluation in primary and secondary education already in use in the various Member States. When the inventory has been compiled, the Commission will work with the Member States on appropriate follow-up. The European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions should be fully informed on a regular basis of the follow-up;5. to present on the basis of contributions from the Member States triennial detailed reports to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions in relation to the implementation of this Recommendation;6. to draw conclusions and make proposals on the basis of these reports.Done at Brussels, 12 February 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentT. Östros(1) OJ C 168, 16.6.2000, p. 30.(2) OJ C 317, 6.11.2000, p. 56.(3) Opinion of the European Parliament of 6 July 2000 (not yet published in the Official Journal), Council Common Position of 9 November 2000 (OJ C 375, 28.12.2000, p. 38) and Decision of the European Parliament of 16 January 2001 (not yet published in the Official Journal).(4) OJ L 72, 21.3.2000, p. 15.(5) OJ L 270, 7.10.1998, p. 56.(6) OJ L 28, 3.2.2000, p. 1.(7) OJ C 1, 3.1.1998, p. 4.

Summary: Qualitative assessment of school education Qualitative assessment of school education SUMMARY OF: Recommendation 2001/166/EC — European cooperation with regard to the qualitative assessment of school education WHAT IS THE AIM OF THE RECOMMENDATION? It seeks to encourage networking between the authorities in EU countries with the aim of developing practices and tools to assess the quality of education in schools. KEY POINTS Although the quality of a school system cannot be defined in absolute terms, it is still possible to set objectives and analyse the ways to achieve them. The objectives still involve tackling early school-leaving and combating social exclusion in general, and the recommendation distinguishes between 2 forms of qualitative assessment: external assessment; andself-assessment. The recommendation encourages all those involved in the school system (teachers, pupils, parents and specialists) to take part in the processes of self-assessment and external assessment. It states that the aim of external assessment is to provide both methodological support for school self-evaluation and an objective view of the school. One of the most important features of the European education system is its diversity. As a result, it is not possible to devise standard assessment methods that could be applied to all EU countries. Any qualitative assessment at EU level must take into consideration the socio-cultural, historical and political factors specific to each EU country. The recommendation highlights the fact that the sharing of information constitutes the majority of EU added value. Information exchange should be focused in particular on methodological developments and examples of good practice, especially: through the use of new technologies;by organising conferences, seminars and data collection;and by developing tools and publishing results. The European Parliament and the Council call on the European Commission to: create an Internet database for the dissemination of tools, examples of good practice, and effective tools for assessing the quality of educational establishments;make an inventory of the instruments and strategies for quality assessment in primary and secondary education already in use in various EU countries;incorporate the results obtained into existing programmes and develop the existing networks;report every 3 years to the Parliament, the Council, the European Economic and Social Committee and the European Committee of the Regions;make proposals on the basis of this report. 2014 Council conclusions In their May 2014 conclusions, EU countries’ education ministers emphasised the important role played by quality assurance mechanisms in helping schools and policy-makers to provide quality education and training. Quality education and training are vital for employability, social inclusion and economic development. The ministers stressed the importance of approaches to quality assurance being based on principles that go beyond a ‘checklist’ approach and the need to develop a culture that strives to constantly improve the quality of teaching and learning. Studies 2015 saw the publication of 2 studies in the area: a report by Eurydice reviews how 32 European countries assess the quality of their schools, comparing approaches, structures and roles played by school evaluation systems; a European Commission comparative study on quality assurance in EU school education systems. This covers quality assurance policies, procedures, activities and practices in primary, lower-secondary and upper-secondary levels. It considers how EU actions in the field could help add value to what is happening at the national level. BACKGROUND For more information, see: Education: setting objectives and measuring progress (European Commission). MAIN DOCUMENT Recommendation 2001/166/EC of the European Parliament and of the Council of 12 February 2001 on European cooperation in quality evaluation in school education (OJ L 60, 1.3.2001, pp. 51-53) RELATED DOCUMENTS Council conclusions of 20 May 2014 on quality assurance supporting education and training (OJ C 183, 14.6.2014, pp. 30-35) last update 06.11.2017


EUR-Lex - 32000L0053 - EN Avis juridique important | 32000L0053 Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles - Commission Statements Official Journal L 269 , 21/10/2000 P. 0034 - 0043 Directive 2000/53/EC of the European Parliament and of the Councilof 18 September 2000on end-of life vehiclesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having consulted the Committee of the Regions,Acting in accordance with the procedure referred to in Article 251 of the Treaty in the light of the joint text approved by the Conciliation Committee on 23 May 2000(3),Whereas(1) The different national measures concerning end-of life vehicles should be harmonised in order, first, to minimise the impact of end-of life vehicles on the environment, thus contributing to the protection, preservation and improvement of the quality of the environment and energy conservation, and, second, to ensure the smooth operation of the internal market and avoid distortions of competition in the Community.(2) A Community-wide framework is necessary in order to ensure coherence between national approaches in attaining the objectives stated above, particularly with a view to the design of vehicles for recycling and recovery, to the requirements for collection and treatment facilities, and to the attainment of the targets for reuse, recycling and recovery, taking into account the principle of subsidiarity and the polluter-pays principle.(3) Every year end-of life vehicles in the Community generate between 8 and 9 million tonnes of waste, which must be managed correctly.(4) In order to implement the precautionary and preventive principles and in line with the Community strategy for waste management, the generation of waste must be avoided as much as possible.(5) It is a further fundamental principle that waste should be reused and recovered, and that preference be given to reuse and recycling.(6) Member States should take measures to ensure that economic operators set up systems for the collection, treatment and recovery of end-of life vehicles.(7) Member States should ensure that the last holder and/or owner can deliver the end-of life vehicle to an authorised treatment facility without any cost as a result of the vehicle having no or a negative, market value. Member States should ensure that producers meet all, or a significant part of, the costs of the implementation of these measures; the normal functioning of market forces should not be hindered.(8) This Directive should cover vehicles and end-of life vehicles, including their components and materials, as well as spare and replacement parts, without prejudice to safety standards, air emissions and noise control.(9) This Directive should be understood as having borrowed, where appropriate, the terminology used by several existing directives, namely Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(4), Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5), and Council Directive 75/442/EEC of 15 July 1975 on waste(6).(10) Vintage vehicles, meaning historic vehicles or vehicles of value to collectors or intended for museums, kept in a proper and environmentally sound manner, either ready for use or stripped into parts, are not covered by the definition of waste laid down by Directive 75/442/EEC and do not fall within the scope of this Directive.(11) It is important that preventive measures be applied from the conception phase of the vehicle onwards and take the form, in particular, of reduction and control of hazardous substances in vehicles, in order to prevent their release into the environment, to facilitate recycling and to avoid the disposal of hazardous waste. In particular the use of lead, mercury, cadmium and hexavalent chromium should be prohibited. These heavy metals should only be used in certain applications according to a list which will be regularly reviewed. This will help to ensure that certain materials and components do not become shredder residues, and are not incinerated or disposed of in landfills.(12) The recycling of all plastics from end-of life vehicles should be continuously improved. The Commission is currently examining the environmental impacts of PVC. The Commission will, on the basis of this work, make proposals as appropriate as to the use of PVC including considerations for vehicles.(13) The requirements for dismantling, reuse and recycling of end-of life vehicles and their components should be integrated in the design and production of new vehicles.(14) The development of markets for recycled materials should be encouraged.(15) In order to ensure that end-of life vehicles are discarded without endangering the environment, appropriate collection systems should be set up.(16) A certificate of destruction, to be used as a condition for the de-registration of end-of life vehicles, should be introduced. Member States without a de-registration system should set up a system according to which a certificate of destruction is notified to the relevant competent authority when the end-of life vehicle is transferred to a treatment facility.(17) This Directive does not prevent Member States from granting, where appropriate, temporary deregistrations of vehicles.(18) Collection and treatment operators should be allowed to operate only when they have received a permit or, in case a registration is used instead of a permit, specific conditions have been complied with.(19) The recyclability and recoverability of vehicles should be promoted.(20) It is important to lay down requirements for storage and treatment operations in order to prevent negative impacts on the environment and to avoid the emergence of distortions in trade and competition.(21) In order to achieve results in the short term and to give operators, consumers and public authorities the necessary perspective for the longer term, quantified targets for reuse, recycling and recovery to be achieved by economic operators should be set.(22) Producers should ensure that vehicles are designed and manufactured in such a way as to allow the quantified targets for reuse, recycling and recovery to be achieved. To this end the Commission will promote the preparation of European standards and will take the other necessary measures in order to amend the pertinent European vehicle type-approval legislation.(23) Member States should ensure that in implementing the provisions of this Directive competition is preserved, in particular as regards the access of small and medium-sized enterprises to the collection, dismantling, treatment and recycling market.(24) In order to facilitate the dismantling and recovery, in particular recycling of end-of life vehicles, vehicle manufacturers should provide authorised treatment facilities with all requisite dismantling information, in particular for hazardous materials.(25) The preparation of European standards, where appropriate, should be promoted. Vehicle manufacturers and material producers should use component and material coding standards, to be established by the Commission assisted by the relevant committee. In the preparation of these standards the Commission will take account, as appropriate, of the work going on in this area in the relevant international forums.(26) Community-wide data on end-of life vehicles are needed in order to monitor the implementation of the objectives of this Directive.(27) Consumers have to be adequately informed in order to adjust their behaviour and attitudes; to this end information should be made available by the relevant economic operators.(28) Member States may choose to implement certain provisions by means of agreements with the economic sector concerned, provided that certain conditions are met.(29) The adaptation to scientific and technical progress of the requirements for treatment facilities and for the use of hazardous substances and, as well as the adoption of minimum standards for the certificate of destruction, the formats for the database and the implementation measures necessary to control compliance with the quantified targets should be effected by the Commission under a Committee procedure.(30) The measures to be taken for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).(31) Member States may apply the provisions of this Directive in advance of the date set out therein, provided such measures are compatible with the Treaty,HAVE ADOPTED THIS DIRECTIVE:Article 1ObjectivesThis Directive lays down measures which aim, as a first priority, at the prevention of waste from vehicles and, in addition, at the reuse, recycling and other forms of recovery of end-of life vehicles and their components so as to reduce the disposal of waste, as well as at the improvement in the environmental performance of all of the economic operators involved in the life cycle of vehicles and especially the operators directly involved in the treatment of end-of life vehicles.Article 2DefinitionsFor the purposes of this Directive:1. "vehicle" means any vehicle designated as category M1 or N1 defined in Annex IIA to Directive 70/156/EEC, and three wheel motor vehicles as defined in Directive 92/61/EEC, but excluding motor tricycles;2. "end-of life vehicle" means a vehicle which is waste within the meaning of Article 1(a) of Directive 75/442/EEC;3. "producer" means the vehicle manufacturer or the professional importer of a vehicle into a Member State;4. "prevention" means measures aiming at the reduction of the quantity and the harmfulness for the environment of end-of life vehicles, their materials and substances;5. "treatment" means any activity after the end-of life vehicle has been handed over to a facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredder wastes, and any other operation carried out for the recovery and/or disposal of the end-of life vehicle and its components;6. "reuse" means any operation by which components of end-of life vehicles are used for the same purpose for which they were conceived;7. "recycling" means the reprocessing in a production process of the waste materials for the original purpose or for other purposes but excluding energy recovery. Energy recovery means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;8. "recovery" means any of the applicable operations provided for in Annex IIB to Directive 75/442/EEC;9. "disposal" means any of the applicable operations provided for in Annex IIA to Directive 75/442/EEC;10. "economic operators" means producers, distributors, collectors, motor vehicle insurance companies, dismantlers, shredders, recoverers, recyclers and other treatment operators of end-of life vehicles, including their components and materials;11. "hazardous substance" means any substance which is considered to be dangerous under Directive 67/548/EEC;12. "shredder" means any device used for tearing into pieces or fragmenting end-of life vehicles, including for the purpose of obtaining directly reusable metal scrap;13. "dismantling information" means all information required for the correct and environmentally sound treatment of end-of life vehicles. It shall be made available to authorised treatment facilities by vehicle manufacturers and component producers in the form of manuals or by means of electronic media (e.g. CD-ROM, on-line services).Article 3Scope1. This Directive shall cover vehicles and end-of life vehicles, including their components and materials. Without prejudice to Article 5(4), third subparagraph, this shall apply irrespective of how the vehicle has been serviced or repaired during use and irrespective of whether it is equipped with components supplied by the producer or with other components whose fitting as spare or replacement parts accords with the appropriate Community provisions or domestic provisions.2. This Directive shall apply without prejudice to existing Community legislation and relevant national legislation, in particular as regards safety standards, air emissions and noise controls and the protection of soil and water.3. Where a producer only makes or imports vehicles that are exempt from Directive 70/156/EEC by virtue of Article 8(2)(a) thereof, Member States may exempt that producer and his vehicles from Articles 7(4), 8 and 9 of this Directive.4. Special-purpose vehicles as defined in the second indent of Article 4(1)(a) of Directive 70/156/EEC shall be excluded from the provisions of Article 7 of this Directive.5. For three-wheel motor vehicles only Articles 5(1), 5(2) and 6 of this Directive shall apply.Article 4Prevention1. In order to promote the prevention of waste Member States shall encourage, in particular:(a) vehicle manufacturers, in liaison with material and equipment manufacturers, to limit the use of hazardous substances in vehicles and to reduce them as far as possible from the conception of the vehicle onwards, so as in particular to prevent their release into the environment, make recycling easier, and avoid the need to dispose of hazardous waste;(b) the design and production of new vehicles which take into full account and facilitate the dismantling, reuse and recovery, in particular the recycling, of end-of life vehicles, their components and materials;(c) vehicle manufacturers, in liaison with material and equipment manufacturers, to integrate an increasing quantity of recycled material in vehicles and other products, in order to develop the markets for recycled materials.2. (a) Member States shall ensure that materials and components of vehicles put on the market after 1 July 2003 do not contain lead, mercury, cadmium or hexavalent chromium other than in cases listed in Annex II under the conditions specified therein;(b) in accordance with the procedure laid down in Article 11 the Commission shall on a regular basis, according to technical and scientific progress, amend Annex II, in order to:(i) as necessary, establish maximum concentration values up to which the existence of the substances referred to in subparagraph (a) in specific materials and components of vehicles shall be tolerated;(ii) exempt certain materials and components of vehicles from the provisions of subparagraph (a) if the use of these substances is unavoidable;(iii) delete materials and components of vehicles from Annex II if the use of these substances is avoidable;(iv) under points (i) and (ii) designate those materials and components of vehicles that can be stripped before further treatment; they shall be labelled or made identifiable by other appropriate means;(c) the Commission shall amend Annex II for the first time not later than 21 October 2001. In any case none of the exemptions listed therein shall be deleted from the Annex before 1 January 2003.Article 5Collection1. Member States shall take the necessary measures to ensure:- that economic operators set up systems for the collection of all end-of life vehicles and, as far as technically feasible, of waste used parts removed when passenger cars are repaired,- the adequate availability of collection facilities within their territory.2. Member States shall also take the necessary measures to ensure that all end-of life vehicles are transferred to authorised treatment facilities.3. Member States shall set up a system according to which the presentation of a certificate of destruction is a condition for deregistration of the end-of life vehicle. This certificate shall be issued to the holder and/or owner when the end-of life vehicle is transferred to a treatment facility. Treatment facilities, which have obtained a permit in accordance with Article 6, shall be permitted to issue a certificate of destruction. Member States may permit producers, dealers and collectors on behalf of an authorised treatment facility to issue certificates of destruction provided that they guarantee that the end-of life vehicle is transferred to an authorised treatment facility and provided that they are registered with public authorities.Issuing the certificate of destruction by treatment facilities or dealers or collectors on behalf of an authorised treatment facility does not entitle them to claim any financial reimbursement, except in cases where this has been explicitly arranged by Member States.Member States which do not have a deregistration system at the date of entry into force of this Directive shall set up a system according to which a certificate of destruction is notified to the relevant competent authority when the end-of life vehicle is transferred to a treatment facility and shall otherwise comply with the terms of this paragraph. Member States making use of this subparagraph shall inform the Commission of the reasons thereof.4. Member States shall take the necessary measures to ensure that the delivery of the vehicle to an authorised treatment facility in accordance with paragraph 3 occurs without any cost for the last holder and/or owner as a result of the vehicle's having no or a negative market value.Member States shall take the necessary measures to ensure that producers meet all, or a significant part of, the costs of the implementation of this measure and/or take back end-of life vehicles under the same conditions as referred to in the first subparagraph.Member States may provide that the delivery of end-of life vehicles is not fully free of charge if the end-of life vehicle does not contain the essential components of a vehicle, in particular the engine and the coachwork, or contains waste which has been added to the end-of life vehicle.The Commission shall regularly monitor the implementation of the first subparagraph to ensure that it does not result in market distortions, and if necessary shall propose to the European Parliament and the Council an amendment thereto.5. Member States shall take the necessary measures to ensure that competent authorities mutually recognise and accept the certificates of destruction issued in other Member States in accordance with paragraph 3. To this end, the Commission shall draw up, not later than 21 October 2001 the minimum requirements for the certificate of destruction.Article 6Treatment1. Member States shall take the necessary measures to ensure that all end-of life vehicles are stored (even temporarily) and treated in accordance with the general requirements laid down in Article 4 of Directive 75/442/EEC, and in compliance with the minimum technical requirements set out in Annex I to this Directive, without prejudice to national regulations on health and environment.2. Member States shall take the necessary measures to ensure that any establishment or undertaking carrying out treatment operations obtains a permit from or be registered with the competent authorities, in compliance with Articles 9, 10 and 11 of Directive 75/442/EEC.The derogation from the permit requirement referred to in Article 11(1)(b) of Directive 75/442/EEC may apply to recovery operations concerning waste of end-of life vehicles after they have been treated according to Annex 1(3) to this Directive if there is an inspection by the competent authorities before the registration. This inspection shall verify:(a) type and quantities of waste to be treated;(b) general technical requirements to be complied with;(c) safety precautions to be taken,in order to achieve the objectives referred to in Article 4 of Directive 75/442/EEC. This inspection shall take place once a year. Member States using the derogation shall send the results to the Commission.3. Member States shall take the necessary measures to ensure that any establishment or undertaking carrying out treatment operations fulfils at least the following obligations in accordance with Annex I:(a) end-of life vehicles shall be stripped before further treatment or other equivalent arrangements are made in order to reduce any adverse impact on the environment. Components or materials labelled or otherwise made identifiable in accordance with Article 4(2) shall be stripped before further treatment;(b) hazardous materials and components shall be removed and segregated in a selective way so as not to contaminate subsequent shredder waste from end-of life vehicles;(c) stripping operations and storage shall be carried out in such a way as to ensure the suitability of vehicle components for reuse and recovery, and in particular for recycling.Treatment operations for depollution of end-of life vehicles as referred to in Annex I(3) shall be carried out as soon as possible.4. Member States shall take the necessary measures to ensure that the permit or registration referred to in paragraph 2 includes all conditions necessary for compliance with the requirements of paragraphs 1, 2 and 3.5. Member States shall encourage establishments or undertakings, which carry out treatment operations to introduce, certified environmental management systems.Article 7Reuse and recovery1. Member States shall take the necessary measures to encourage the reuse of components which are suitable for reuse, the recovery of components which cannot be reused and the giving of preference to recycling when environmentally viable, without prejudice to requirements regarding the safety of vehicles and environmental requirements such as air emissions and noise control.2. Member States shall take the necessary measures to ensure that the following targets are attained by economic operators:(a) no later than 1 January 2006, for all end-of life vehicles, the reuse and recovery shall be increased to a minimum of 85 % by an average weight per vehicle and year. Within the same time limit the reuse and recycling shall be increased to a minimum of 80 % by an average weight per vehicle and year;for vehicles produced before 1 January 1980, Member States may lay down lower targets, but not lower than 75 % for reuse and recovery and not lower than 70 % for reuse and recycling. Member States making use of this subparagraph shall inform the Commission and the other Member States of the reasons therefor;(b) no later than 1 January 2015, for all end-of life vehicles, the reuse and recovery shall be increased to a minimum of 95 % by an average weight per vehicle and year. Within the same time limit, the re-use and recycling shall be increased to a minimum of 85 % by an average weight per vehicle and year.By 31 December 2005 at the latest the European Parliament and the Council shall re-examine the targets referred to in paragraph (b) on the basis of a report of the Commission, accompanied by a proposal. In its report the Commission shall take into account the development of the material composition of vehicles and any other relevant environmental aspects related to vehicles.The Commission shall, in accordance with the procedure laid down in Article 11, establish the detailed rules necessary to control compliance of Member States with the targets set out in this paragraph. In doing so the Commission shall take into account all relevant factors, inter alia the availability of data and the issue of exports and imports of end-of life vehicles. The Commission shall take this measure not later than 21 October 2002.3. On the basis of a proposal from the Commission, the European Parliament and the Council shall establish targets for reuse and recovery and for reuse and recycling for the years beyond 2015.4. In order to prepare an amendment to Directive 70/156/EEC, the Commission shall promote the preparation of European standards relating to the dismantlability, recoverability and recyclability of vehicles. Once the standards are agreed, but in any case no later than by the end of 2001, the European Parliament and the Council, on the basis of a proposal from the Commission, shall amend Directive 70/156/EEC so that vehicles type-approved in accordance with that Directive and put on the market after three years after the amendment of the Directive 70/156/EEC are re-usable and/or recyclable to a minimum of 85 % by weight per vehicle and are re-usable and/or recoverable to a minimum of 95 % by weight per vehicle.5. In proposing the amendment to Directive 70/156/EEC relating to the ability to be dismantled, recoverability and recyclability of vehicles, the Commission shall take into account as appropriate the need to ensure that the reuse of components does not give rise to safety or environmental hazards.Article 8Coding standards/dismantling information1. Member States shall take the necessary measures to ensure that producers, in concert with material and equipment manufacturers, use component and material coding standards, in particular to facilitate the identification of those components and materials which are suitable for reuse and recovery.2. Not later than 21 October 2001 the Commission shall, in accordance with the procedure laid down in Article 11 establish the standards referred to in paragraph 1 of this Article. In so doing, the Commission shall take account of the work going on in this area in the relevant international forums and contribute to this work as appropriate.3. Member States shall take the necessary measures to ensure that producers provide dismantling information for each type of new vehicle put on the market within six months after the vehicle is put on the market. This information shall identify, as far as it is needed by treatment facilities in order to comply with the provisions of this Directive, the different vehicle components and materials, and the location of all hazardous substances in the vehicles, in particular with a view to the achievement of the objectives laid down in Article 7.4. Without prejudice to commercial and industrial confidentiality, Member States shall take the necessary measures to ensure that manufacturers of components used in vehicles make available to authorised treatment facilities, as far as it is requested by these facilities, appropriate information concerning dismantling, storage and testing of components which can be reused.Article 9Reporting and information1. At three-year intervals Member States shall send a report to the Commission on the implementation of this Directive. The report shall be drawn up on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure laid down in Article 6 of Directive 91/692/EEC(8) with a view to establishing databases on end-of life vehicles and their treatment. The report shall contain relevant information on possible changes in the structure of motor vehicle dealing and of the collection, dismantling, shredding, recovery and recycling industries, leading to any distortion of competition between or within Member States. The questionnaire or outline shall be sent to the Member States six months before the start of the period covered by the report. The report shall be made to the Commission within nine months of the end of the three-year period covered by it.The first report shall cover the period of three years from 21 April 2002.Based on the above information, the Commission shall publish a report on the implementation of this Directive within nine months of receiving the reports from the Member States.2. Member States shall require in each case the relevant economic operators to publish information on:- the design of vehicles and their components with a view to their recoverability and recyclability,- the environmentally sound treatment of end-of life vehicles, in particular the removal of all fluids and dismantling,- the development and optimisation of ways to reuse, recycle and recover end-of life vehicles and their components,- the progress achieved with regard to recovery and recycling to reduce the waste to be disposed of and to increase the recovery and recycling rates.The producer must make this information accessible to the prospective buyers of vehicles. It shall be included in promotional literature used in the marketing of the new vehicle.Article 10Implementation1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 April 2002. They shall immediately inform the Commission thereof.When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law, which they adopt in the field governed by this Directive.3. Provided that the objectives set out in this Directive are achieved, Member States may transpose the provisions set out in Articles 4(1), 5(1), 7(1), 8(1), 8(3) and 9(2) and specify the detailed rules of implementation of Article 5(4) by means of agreements between the competent authorities and the economic sectors concerned. Such agreements shall meet the following requirements(a) agreements shall be enforceable;(b) agreements need to specify objectives with the corresponding deadlines;(c) agreements shall be published in the national official journal or an official document equally accessible to the public and transmitted to the Commission;(d) the results achieved under an agreement shall be monitored regularly, reported to the competent authorities and to the Commission and made available to the public under the conditions set out in the agreement;(e) the competent authorities shall make provisions to examine the progress reached under an agreement;(f) in case of non-compliance with an agreement Member States must implement the relevant provisions of this Directive by legislative, regulatory or administrative measures.Article 11Committee procedure1. The Commission shall be assisted by the committee established by Article 18 of Directive 75/442/EEC, hereinafter referred to as "the Committee".2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.4. The Commission, according to the procedure laid down in this Article, shall adopt:(a) the minimum requirements, as referred to in Article 5(5), for the certificate of destruction;(b) the detailed rules referred to in Article 7(2), third subparagraph;(c) the formats relating to the database system referred to in Article 9;(d) the amendments necessary for adapting the Annexes to this Directive to scientific and technical progress.Article 12Entry into force1. This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.2. Article 5(4) shall apply:- as from 1 July 2002 for vehicles put on the market as from this date,- as from 1 January 2007 for vehicles put on the market before the date referred to in the first indent.3. Member States may apply Article 5(4) in advance of the dates set out in paragraph 2.Article 13AddresseesThis Directive is addressed to the Member States.Done at Brussels, 18 September 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentH. Védrine(1) OJ C 337, 7.11.1997, p. 3, andOJ C 156, 3.6.1999, p. 5.(2) OJ C 129, 27.4.1998, p. 44.(3) Opinion of the European Parliament of 11 February 1999 (OJ C 150, 28.5.1999, p. 420), Council Common Position of 29 July 1999 (OJ C 317, 4.11.1999, p. 19) and Decision of the European Parliament of 3 February 2000 (not yet published in the Official Journal). Council Decision of 20 July 2000 and Decision of the European Parliament of 7 September 2000.(4) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 98/98/EC (OJ L 355, 30.12.1998, p. 1 ).(5) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25).(6) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).(7) OJ L 184, 17.7.1999, p. 23.(8) OJ L 377, 31.12.1991, p. 48.ANNEX IMinimum technical requirements for treatment in accordance with Article 6(1) and (3)1. Sites for storage (including temporary storage) of end-of-life vehicles prior to their treatament:- impermeable surfaces for appropriate areas with the provision of spillage collection facilities, decanters and cleanser-degeasers,- equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations.2. Sites for treatment:- impermeable surfaces for appropriate areas with the provision of spillage collection facilities, decanters and cleanser-degreasers,- appropriate storage for dismantled spare parts, including impermeable storage for oil-contaminated spare parts,- appropriate containers for storage of batteries (with electrolyte neutralisation on site or elsewhere), filters and PCB/PCT-containing condensers,- appropriate storage tanks for the segregated storage of end-of-life vehicle fluids: fuel, motor oil, gearbox oil, transmission oil, hydraulic oil, cooling liquids, antifreeze, brake fluids, battery acids, air-conditioning system fluids and any other fluid contained in the end-of-life vehicle,- equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations,- appropriate storage for used tyres, including the prevention of fire hazards and excessive stockpiling.3. Treatment operations for depollution of end-of-life vehicles:- removal of batteries and liquified gas tanks,- removal or neutralisation of potential explosive components, (e.g. air bags),- removal and separate collection and storage of fuel, motor oil, transmission oil, gearbox oil, hydraulic oil, cooling liquids, antifreeze, brake fluids, air-conditioning system fluids and any other fluid contained in the end-of-life vehicle, unless they are necessary for the re-use of the parts concerned,- removal, as far as feasible, of all components identified as containing mercury.4. Treatment operations in order to promote recycling:- removal or catalysts,- removal of metal components containing copper, aluminium and magnesium if these metals are not segregated in the shredding process,- removal of tyres and large plastic components (bumpers, dashboard, fluid containers, etc), if these materials are not segregated in the shredding process in such a way that they can be effectively recycled as materials,- removal of glass.5. Storage operations are to be carried out avoiding damage to components containing fluids or to recoverable components and spare parts.ANNEX IIMaterials and components exempt from Article 4(2)(a)>TABLE>Within the procedure referred to in Article 4(2)(b), the Commission shall evaluate the following applications:- lead as an alloy in aluminium in wheel rims, engine parts and window levers- lead in batteries- lead in balance weights- electrical components which contain lead in a glass or ceramics matrix compound- cadmium in batteries for electrical vehiclesas a matter of priority, in order to establish as soon as possible whether Annex II is to be amended accordingly.As regards cadmium in batteries for electrical vehicles, the Commission shall take into account, within the procedure referred to in Article 4(2)b and in the framework of an overall environmental assessment, the availability of substitutes as well as the need to maintain the availability of electrical vehicles.Commission statementsRe Article 5(1), first indentThe Commission confirms that Article 5(1), first indent, authorises Member States to use existing collection systems for the collection of waste used components and does not oblige them to set up separate collection systems (for waste used components) with specific financial requirements.Re Article 5(3), first subparagraphThe Commission considers that the reference to registration contained in Article 5(3) first subparagraph, authorises Member States to decide whether producers, dealers and collectors should be registered pursuant to the Framework Directive on Waste, or whether they should be entered in a new register established specifically for that purpose.Re Article 7(1)The Commission states that Article 7(1) does not introduce any additional requirements, measures or criteria with regard to technical controls.

Summary: End-of-life vehicles End-of-life vehicles SUMMARY OF: Directive 2000/53/EC on end-of life vehicles WHAT IS THE AIM OF THE DIRECTIVE? It sets out measures to prevent and limit waste from end-of-life vehicles (ELVs) and their components by ensuring their reuse, recycling and recovery. It also aims to improve the environmental performance of all economic operators involved in the life-cycle of the vehicles. KEY POINTS Vehicle and equipment manufacturers must factor in the dismantling, reuse and recovery of the vehicles when designing and producing their products. They have to ensure that new vehicles are: reusable and/or recyclable to a minimum of 85% by weight per vehiclereusable and/or recoverable to a minimum of 95% by weight per vehicle. They cannot use hazardous substances such as lead, mercury, cadmium and hexavalent chromium. Manufacturers, importers and distributors must provide systems to collect ELVs and, where technically feasible, used parts from repaired passenger cars. Owners of ELVs delivered for waste treatment must receive a certificate of destruction. This is necessary to deregister the vehicle. Manufacturers must meet all, or a significant part, of the costs involved in the delivery of an ELV to a waste treatment facility. For a vehicle owner, they should incur no expenses when delivering an ELV to an authorised waste treatment facility, except in the rare cases where the engine is missing or the ELV is full of waste. Waste treatment facilities must apply for a permit or register with the competent authorities of the EU country where they are located. ELVs are first stripped before further treatment takes place. Hazardous substances and components are removed and separated. Attention is given to the potential reuse, recovery or recycling of the waste. Clear quantified targets for annual reporting to the European Commission exist for the reuse, recycling and recovery of ELVs and their respective parts. These have become increasingly more demanding. This legislation applies to passenger vehicles and small trucks but not to big trucks, vintage vehicles, special-use vehicles and motorcycles. Amending Directive (EU) 2018/849 Directive (EU) 2018/849 amends Directive 2000/53/EC giving the Commission the power to adopt: implementing acts concerning the detailed rules necessary to control EU countries’ compliance with the ELV targets and the exports and imports of ELVs; delegated acts to supplement the directive by: exempting certain materials and components containing lead, mercury, cadmium or hexavalent chromium (other than in cases listed in Annex II), if their use is unavoidable and establishing maximum concentration levels allowed as well as deleting materials and components of vehicles from Annex II, if their use is avoidable,introducing coding standards to facilitate the components suitable for reuse and recovery,establishing the minimum requirements for the certificates of destruction,establishing minimum requirements for the treatment of ELVs (Annex I). FROM WHEN DOES THE DIRECTIVE APPLY? The directive had to become law in the EU countries by 21 April 2002. It has applied since: 1 July 2002 for vehicles put on the market as from this date 1 January 2007 for vehicles put on the market before 1 July 2002. BACKGROUND Every year, ELVs generate between 8 and 9 million tonnes of waste in the EU. For more information, see: End of Life Vehicles (European Commission). MAIN DOCUMENT Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (OJ L 269, 21.10.2000, pp. 34-43) Successive amendments to Directive 2000/53/EC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Directive (EU) 2018/849 of the European Parliament and of the Council of 30 May 2018 amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment (OJ L 150, 14.6.2018, pp. 93-99) Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC (OJ L 310, 25.11.2005, pp. 10-27) See consolidated version. Commission Decision 2005/293/EC of 1 April 2005 laying down detailed rules on the monitoring of the reuse/recovery and reuse/recycling targets set out in Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (OJ L 94, 13.4.2005, pp. 30-33) Commission Decision 2003/138/EC of 27 February 2003 establishing component and material coding standards for vehicles pursuant to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (OJ L 53, 28.2.2003, pp. 58-59) Commission Decision 2002/151/EC of 19 February 2002 on minimum requirements for the certificate of destruction issued in accordance with Article 5(3) of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (OJ L 50, 21.2.2002, pp. 94-95) Commission Decision 2001/753/EC of 17 October 2001 concerning a questionnaire for Member States reports on the implementation of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (OJ L 282, 26.10.2001, pp. 77-80) last update 02.07.2020


EUR-Lex - 32000L0036 - EN Avis juridique important | 32000L0036 Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption Official Journal L 197 , 03/08/2000 P. 0019 - 0025 Directive 2000/36/EC of the European Parliament and of the Councilof 23 June 2000relating to cocoa and chocolate products intended for human consumptionTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Certain vertical Directives relating to foodstuffs should be simplified in order to take account only of the essential requirements to be met by the products they cover in order that those products may move freely within the internal market, in accordance with the conclusions of the European Council held in Edinburgh on 11 and 12 December 1992, confirmed by those of the European Council in Brussels on 10 and 11 December 1993.(2) Council Directive 73/241/EEC of 24 July 1973 on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption(4) was warranted by the fact that differences between national laws on several kinds of cocoa and chocolate products could hinder the free movement of this product, and thereby have a direct effect on the establishment and functioning of the common market.(3) The aforesaid Directive was consequently designed to lay down definitions and common rules in respect of the composition, manufacturing specifications, packaging and labelling of cocoa and chocolate products so as to ensure their free movement within the Community.(4) Those definitions and rules should be amended to take account of technological progress and changes in consumer tastes, and should be brought into line with general Community legislation on foodstuffs, in particular legislation on labelling, sweeteners and other authorised additives, flavourings, extraction solvents and methods of analysis.(5) The addition to chocolate products of vegetable fats other than cocoa butter, up to a maximum of 5 %, is permitted in certain Member States.(6) The addition of certain vegetable fats other than cocoa butter to chocolate products, up to a maximum of 5 %, should be permitted in all Member States; those vegetable fats should be cocoa butter equivalents and therefore be defined according to technical and scientific criteria.(7) In order to guarantee the single nature of the internal market, all chocolate products covered by this Directive must be able to move within the Community under the sales names set out in the provisions of Annex I to this Directive.(8) In pursuance of the general food-labelling rules set out in Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(5), in particular a listing of ingredients in accordance with Article 6 thereof is compulsory; this Directive makes Directive 79/112/EEC applicable to cocoa and chocolate products in order to provide consumers with correct information.(9) In the case of chocolate products to which vegetable fats other than cocoa butter have been added, consumers should be guaranteed correct, neutral and objective information in addition to the list of ingredients.(10) On the other hand, Directive 79/112/EEC does not preclude the labelling of chocolate products to indicate that vegetable fats other than cocoa butter have not been added, provided the information is correct, neutral, objective, and does not mislead the consumer.(11) Certain sales names which are reserved by this Directive are in fact used in composite sales names which are recognised in certain Member States to describe products which could not be confused with those defined in this Directive; such descriptions should therefore be maintained. However, the use of such names should comply with the provisions of Directive 79/112/EEC and, in particular, with Article 5 thereof.(12) The development of the internal market since the adoption of Directive 73/241/EEC enables "plain chocolate" to be treated on the same basis as "chocolate".(13) The derogation provided for in Directive 73/241/EEC allowing the United Kingdom and Ireland to authorise the use on their territory of the name "milk chocolate" to designate "milk chocolate with high milk content" should be maintained; however, the English name "milk chocolate with high milk content" should be replaced with the name "family milk chocolate".(14) Pursuant to the principle of proportionality, this Directive restricts itself to what is necessary in order to achieve the objectives of the Treaty, in accordance with the third paragraph of Article 5 thereof.(15) Cocoa, cocoa butter and a series of other vegetable fats used in the manufacture of chocolate are mainly produced in developing countries. It is in the interests of people living in developing countries that agreements of as long a duration as possible should be concluded. The Commission should therefore consider how the Community can support this in the case of cocoa butter and other vegetable fats (for example by promoting "fair trade").(16) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).(17) To avoid creating new barriers to free circulation, Member States should refrain from adopting, for the products in question, national provisions not provided for by this Directive,HAVE ADOPTED THIS DIRECTIVE:Article 1This Directive shall apply to the cocoa and chocolate products intended for human consumption, as defined in Annex I.Article 21. The vegetable fats other than cocoa butter as defined in Annex II and listed therein may be added to those chocolate products defined in Annex I(A)(3), (4), (5), (6), (8) and (9). That addition may not exceed 5 % of the finished product, after deduction of the total weight of any other edible matter used in accordance with Annex I(B), without reducing the minimum content of cocoa butter or total dry cocoa solids.2. Chocolate products which, pursuant to paragraph 1, contain vegetable fats other than cocoa butter may be marketed in all of the Member States, provided that their labelling, as provided for in Article 3, is supplemented by a conspicuous and clearly legible statement: "contains vegetable fats in addition to cocoa butter". This statement shall be in the same field of vision as the list of ingredients, clearly separated from that list, in lettering at least as large and in bold with the sales name nearby; notwithstanding this requirement, the sales name may also appear elsewhere.3. Any amendments to Annex II shall be made in accordance with the procedure laid down in Article 95 of the Treaty.4. At the latest by 3 February 2006 the Commission shall, in accordance with Article 95 of the Treaty, submit, if necessary and taking into account the results of an appropriate study on this Directive's impact on the economies of those countries producing cocoa and vegetable fats other than cocoa butter, a proposal intended to amend the list in Annex II.Article 3Directive 79/112/EEC shall apply to the products defined in Annex I, subject to the following conditions:1. The sales names listed in Annex I shall apply only to the products referred to therein and must be used in trade to designate them.However, those sales names may also be used additionally and in accordance with the provisions or customs applicable in the Member State in which the product is sold to the final consumer, to designate other products which cannot be confused with those defined in Annex I.2. Where the products defined in Annex I(A)(3), (4), (5), (6), (7) and (10) are sold in assortments, the sales names may be replaced by "assorted chocolates" or "assorted filled chocolates" or similar names. In that case, there may be a single list of ingredients for all the products in the assortment.3. The labelling of the cocoa and chocolate products defined in Annex I(A)(2)(c), (2)(d), (3), (4), (5), (8) and (9) must indicate the total dry cocoa solids content by including the words: "cocoa solids:... % minimum".4. For the products referred to in Annex I(A)(2)(b) and (2)(d) (second part of the sentence), the labelling must indicate the cocoa butter content.5. The sales names "chocolate", "milk chocolate" and "couverture chocolate" specified in Annex I may be supplemented by information or descriptions relating to quality criteria provided that the products contain:- in the case of chocolate, not less than 43 % total dry cocoa solids, including not less than 26 % cocoa butter,- in the case of milk chocolate, not less than 30 % total dry cocoa solids and not less than 18 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, including not less than 4,5 % milk fat,- in the case of couverture chocolate, not less than 16 % of dry non-fat cocoa solids.Article 4For the products defined in Annex I, Member States shall not adopt national provisions not provided for by this Directive.Article 51. The measures necessary for the implementation of this Directive relating to the matters referred to below shall be adopted in accordance with the regulatory procedure referred to in Article 6(2):- bringing this Directive into line with general Community provisions applicable to foodstuffs,- adaptation of the provisions in Annex I(B)(2), (C) and (D) to technical progress.2. At the latest by 3 August 2003, without prejudice to Article 2(3), the European Parliament and the Council shall re-examine, on a proposal from the Commission, the second indent of paragraph 1 of this Article, with a view to possible extension of the procedure of adaptation to technical and scientific progress.Article 61. The Commission shall be assisted by the Standing Committee on Foodstuffs, set up by Council Decision 69/414/EEC(7), hereinafter referred to as "the Committee".2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its Rules of Procedure.Article 7Council Directive 73/241/EEC is hereby repealed with effect from 3 August 2003.References to the repealed Directive shall be construed as references to this Directive.Article 81. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 3 August 2003. They shall immediately inform the Commission thereof.2. These measures shall be applied so as to:- authorise the marketing of the products defined in Annex I if they conform to the definitions and rules laid down in this Directive, with effect from 3 August 2003,- prohibit the marketing of products which fail to conform to this Directive, with effect from 3 August 2003.However, the marketing of products failing to comply with this Directive but labelled before 3 August 2003 in accordance with Council Directive 73/241/EEC shall be permitted until stocks are exhausted.3. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.Article 9This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 10This Directive is addressed to the Member States.Done at Luxembourg, 23 June 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Sócrates(1) OJ C 231, 9.8.1996, p. 1 andOJ C 118, 17.4.1998, p. 10.(2) OJ C 56, 24.2.1997, p. 20.(3) Opinion of the European Parliament of 23 October 1997 (OJ C 339, 10.11.1997, p. 128), Council Common Position of 28 October 1999 (OJ C 10, 13.1.2000, p. 1) and decision of the European Parliament of 15 March 2000 (not yet published in the Official Journal). Decision of the Council of 25 May 2000.(4) OJ L 228, 16.8.1973, p. 23. Directive as last amended by Directive 89/344/EEC (OJ L 142, 25.5.1989, p. 19).(5) OJ L 33, 8.2.1979, p. 1. Directive as last amended by European Parliament and Council Directive 97/4/EC (OJ L 43, 14.2.1997, p. 21).(6) OJ L 184, 17.7.1999, p. 23.(7) OJ L 291, 19.11.1969, p. 9.ANNEX ISALES NAMES, DEFINITIONS AND CHARACTERISTICS OF THE PRODUCTSA. SALES NAMES AND DEFINITIONS1. Cocoa butterdesignates the fat obtained from cocoa beans or parts of cocoa beans with the following characteristics:>TABLE>2. (a) Cocoa powder, cocoadesignate the product obtained by converting into powder cocoa beans which have been cleaned, shelled and roasted, and which contains not less than 20 % cocoa butter, calculated according to the weight of the dry matter, and not more than 9 % water;(b) Fat-reduced cocoa, fat-reduced cocoa powderdesignate cocoa powder containing less than 20 % cocoa butter, calculated according to the weight of the dry matter;(c) Powdered chocolate, chocolate in powderdesignate the product consisting of a mixture of cocoa powder and sugars, containing not less than 32 % cocoa powder;(d) Drinking chocolate, sweetened cocoa, sweetened cocoa powderdesignate the product consisting of a mixture of cocoa powder and sugars, containing not less than 25 % cocoa powder; these names shall be accompanied by the term "fat-reduced" in the case where the product is fat-reduced as defined at (b).3. Chocolate(a) designates the product obtained from cocoa products and sugars which, subject to (b), contains not less than 35 % total dry cocoa solids, including not less than 18 % cocoa butter and not less than 14 % of dry non-fat cocoa solids;(b) however, where this name is supplemented by the words:- "vermicelli" or "flakes": the product presented in the form of granules or flakes must contain not less than 32 % total dry cocoa solids, including not less than 12 % cocoa butter and not less than 14 % of dry non-fat cocoa solids;- "couverture": the product must contain not less than 35 % total dry cocoa solids, including not less than 31 % cocoa butter and not less than 2,5 % of dry non-fat cocoa solids;- "Gianduja" (or one of the derivatives of the word "gianduja") nut chocolate: the product must be obtained firstly from chocolate having a minimum total dry cocoa solids content of 32 % including a minimum dry non-fat cocoa solids content of 8 %, and secondly from finely ground hazelnuts in such quantities that 100 g of the product contain not less than 20 g and not more than 40 g of hazelnuts. The following may be added:(a) milk and/or dry milk solids obtained by evaporation, in such proportion that the finished product does not contain more than 5 % dry milk solids;(b) almonds, hazelnuts and other nut varieties, either whole or broken, in such quantities that, together with the ground hazelnuts, they do not exceed 60 % of the total weight of the product.4. Milk chocolate(a) designates the product obtained from cocoa products, sugars and milk or milk products, which, subject to (b) contains:- not less than 25 % total dry cocoa solids,- not less than 14 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat,- not less than 2,5 % dry non-fat cocoa solids,- not less than 3,5 % milk fat,- not less than 25 % total fat (cocoa butter and milk fat).(b) However, where this name is supplemented by the words:- "vermicelli" or "flakes": the product presented in the form of granules or flakes must contain not less than 20 % total dry cocoa solids, not less than 12 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, and not less than 12 % total fat (cocoa butter and milk fat),- "couverture": the product must have a minimum total fat (cocoa butter and milk fat) content of 31 %,- "Gianduja" (or one of the derivatives of the word "gianduja") nut milk chocolate: the product must be obtained firstly from milk chocolate having a minimum content of 10 % of dry milk solids, obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream or from partly or wholly dehydrated cream, butter or milk fat and secondly from finely ground hazelnuts, in such quantities that 100 g of the product contain not less than 15 g and not more than 40 g of hazelnuts. Almonds, hazelnuts and other nut varieties may also be added, either whole or broken, in such quantities that, together with the ground hazelnuts, they do not exceed 60 % of the total weight of the product.(c) Where in this name the word "milk" is replaced by:- "cream": the product must have a minimum milk fat content of 5,5 %,- "skimmed milk": the product must have a milk fat content not greater than 1 %.(d) The United Kingdom and Ireland may authorise the use in their territory of the name "milk chocolate" to designate the product referred to in point 5, on condition that the term is accompanied in both cases by an indication of the amount of dry milk solids laid down for each of the two products, in the form "milk solids: ... % minimum".5. Family milk chocolatedesignates the product obtained from cocoa products, sugars and milk or milk products and which contains:- not less than 20 % total dry cocoa solids,- not less than 20 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat,- not less than 2,5 % dry non-fat cocoa solids,- not less than 5 % milk fat,- not less than 25 % total fat (cocoa butter and milk fat).6. White chocolatedesignates the product obtained from cocoa butter, milk or milk products and sugars which contains not less than 20 % cocoa butter and not less than 14 % dry milk solids obtained by partly or wholly dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, of which not less than 3,5 % is milk fat.7. Filled chocolate, chocolate with ... filling, chocolate with ... centredesignate the filled product, the outer part of which consists of one of the products defined in 3, 4, 5 and 6. The designations do not apply to products, the inside of which consists of bakery products, pastry, biscuit or edible ice.The outer chocolate portion of products bearing one of these names shall constitute not less than 25 % of the total weight of the product.8. Chocolate a la tazadesignates the product obtained from cocoa products, sugars, and flour or starch from wheat, rice or maize, which contains not less than 35 % total dry cocoa solids, including not less than 18 % cocoa butter and not less than 14 % dry non-fat cocoa solids, and not more than 8 % flour or starch.9. Chocolate familiar a la tazadesignates the product obtained from cocoa products, sugars, and flour or starch from wheat, rice or maize, which contains not less than 30 % total dry cocoa solids, including not less than 18 % cocoa butter and not less than 12 % dry non-fat cocoa solids, and not more than 18 % flour or starch.10. A chocolate or a pralinedesignates the product in single-mouthful size, consisting of:- filled chocolate, or- a single chocolate or a combination or a mixture of chocolate within the meaning of the definitions given in 3, 4, 5 or 6 and other edible substances, provided that chocolate constitutes not less than 25 % of the total weight of the product.B. OPTIONAL AUTHORISED INGREDIENTSAdditions of edible substances1. Without prejudice to Article 2 and Section B(2), other edible substances may also be added to the chocolate products defined in Section A(3), (4), (5), (6), (8) and (9).However, the addition:- of animal fats and their preparations not deriving solely from milk shall be prohibited,- of flours, granular or powdered starch shall only be authorised where the addition is in accordance with the definitions laid down in Section A(8) and (9).The quantity of those edible substances added may not exceed 40 % of the total weight of the finished product.2. Only those flavourings which do not mimic the taste of chocolate or of milk fat may be added to the products defined in Section A(2), (3), (4), (5), (6), (8) and (9).C. CALCULATION OF PERCENTAGESThe minimum contents of the products set in Section A(3), (4), (5), (6), (8) and (9) shall be calculated after deduction of the weight of the ingredients provided for in Section B. In the case of the products in Section A(7) and (10), the minimum contents shall be calculated after deducting the weight of the ingredients provided for in Section B, as well as the weight of the filling.The chocolate contents of the products defined in Section A(7) and (10) shall be calculated in relation to the total weight of the finished product, including its filling.D. SUGARSSugars as referred to in this Directive are not limited only to those sugars covered by Council Directive 73/437/EEC of 11 December 1973 on the approximation of the laws of the Member States concerning certain sugars intended for human consumption(1).(1) OJ L 356, 27.12.1973, p. 71. Directive as last amended by the 1985 Act of Accession.ANNEX IIVEGETABLE FATS REFERRED TO IN ARTICLE 2(1)The vegetable fats referred to in Article 2(1) are, singly or in blends, cocoa butter equivalents and shall comply with the following criteria:(a) they are non-lauric vegetable fats, which are rich in symmetrical monounsaturated triglycerides of the type POP, POSt and StOSt(1);(b) they are miscible in any proportion with cocoa butter, and are compatible with its physical properties (melting point and crystallisation temperature, melting rate, need for tempering phase);(c) they are obtained only by the processes of refining and/or fractionation, which excludes enzymatic modification of the triglyceride structure.In conformity with the above criteria, the following vegetable fats, obtained from the plants listed below, may be used:>TABLE>Furthermore, as an exception to the above, Member States may allow the use of coconut oil for the following purpose: in chocolate used for the manufacture of ice cream and similar frozen products.(1) P (palmitic acid), O (oleic acid), St (stearic acid).

Summary: Cocoa and chocolate Cocoa and chocolate The European Union (EU) defines a number of specific common rules for cocoa and chocolate products which complement the legislation applicable to foodstuffs. These rules concern composition, sales names, labelling and presentation. ACT Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption [See amending act(s)]. SUMMARY This Directive harmonises the labelling of cocoa and chocolate products, and establishes definitions for these products in order to enable consumers to make informed choices. It applies without prejudice to the general provisions relating to the labelling of foodstuffs. Products concerned This Directive applies to cocoa and chocolate products intended for human consumption as specified in Annex I to the Directive. Composition This Directive adopts the composition of cocoa and chocolate products. In particular, for certain products it determines the minimum percentage of cocoa butter which can be used. It also determines the possibility to use a quantity of vegetable fats which does not exceed 5 % of the end product. The vegetables fats (other than cocoa butter) which can be used are listed in Annex II to the Directive. Labelling Only products manufactured according to the compositional rules laid down by this Directive may be marketed under one of the following names (see Annex I to the Directive): cocoa butter; cocoa powder, cocoa; fat-reduced cocoa powder, fat-reduced cocoa; powdered chocolate; powdered drinking chocolate, sweetened cocoa, sweetened cocoa powder (possibly supplemented by the term fat-reduced); chocolate (possibly supplemented by the terms vermicelli or flakes, couverture, and gianduja); milk, cream or skimmed milk chocolate (possibly supplemented by the terms vermicelli or flakes, couverture and gianduja); family milk chocolate; white chocolate; filled chocolate; chocolate a la taza; chocolate familiar a la taza; chocolates or pralines. The labelling of cocoa and chocolate products may include additional information. For example, the labelling of chocolate products containing vegetable fats other than cocoa butter must bear the statement contains vegetable fat in addition to cocoa butter in the same field of vision as the list of ingredients, clearly separated from that list. The labelling of powdered chocolate, of sweetened cocoas, as well as of chocolate, milk chocolate, family milk chocolate, chocolate a la taza and chocolate familiar a la taza must indicate the total dry cocoa solids content. In addition, the labelling of non-fat and reduced-fat cocoas and powdered chocolate must indicate the cocoa butter content. REFERENCES Act Entry into force Deadline for implementation in the Member States Official Journal Directive 2000/36/EC 3.8.2000 - OJ L 197 of 3.8.2000 Amending act(s) Entry into force Deadline for implementation in the Member States Official Journal Regulation (EC) No 1137/2008 11.12.2008 - OJ L 311 of 21.11.2000 The successive amendments and corrections to Directive 2000/36/EC have been incorporated into the original text. This consolidated version is for reference only. RELATED ACTS Regulation (EU) No 1021/2013 of the European Parliament and of the Council amending Directives 1999/4/EC and 2000/36/EC of the European Parliament and of the Council and Council Directives 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission. [Official Journal L 287 of 29.10.2013]. Last updated: 20.05.2014