Pending: 32002D0255

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular Article 4 and Article 6(1) thereof,Whereas:(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria shall be established according to product groups.(3) The measures provided for in this Decision are based on the draft criteria developed by the European Union Eco-Labelling Board established under Article 13 of Regulation (EC) No 1980/2000.(4) The measures provided for in this Decision are in accordance with the opinion of the committee instituted by Article 17 of Regulation (EC) No 1980/2000,

Article 1
In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000, a television must fall within the product group as defined in Article 2 of this Decision and must comply with the criteria set out in the Annex.

Article 2
The product group “televisions” shall comprise: “Mains powered electronic equipment which is designed to receive, decode and display TV transmission signals, whether analogue or digital, broadcast via satellite, cable or antenna signals and has a screen size of ten inches (25 cm) or more.”

Article 3
For administrative purposes the code number assigned to televisions shall be “022”.

Article 4
This Decision shall apply from 1 April 2002 until 31 March 2005. If on 31 March 2005 revised criteria have not been adopted, this Decision shall apply until 31 March 2006.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 25 March 2002.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular Article 4 and Article 6(1) thereof,Whereas:(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria shall be established according to product groups.(3) The measures provided for in this Decision are based on the draft criteria developed by the European Union Eco-Labelling Board established under Article 13 of Regulation (EC) No 1980/2000.(4) The measures provided for in this Decision are in accordance with the opinion of the committee instituted by Article 17 of Regulation (EC) No 1980/2000,
In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000, a television must fall within the product group as defined in Article 2 of this Decision and must comply with the criteria set out in the Annex.
The product group “televisions” shall comprise: “Mains powered electronic equipment which is designed to receive, decode and display TV transmission signals, whether analogue or digital, broadcast via satellite, cable or antenna signals and has a screen size of ten inches (25 cm) or more.”
For administrative purposes the code number assigned to televisions shall be “022”.
This Decision shall apply from 1 April 2002 until 31 March 2005. If on 31 March 2005 revised criteria have not been adopted, this Decision shall apply until 31 March 2006.
This Decision is addressed to the Member States.
Done at Brussels, 25 March 2002.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
The aims of the criteria
These criteria aim in particular at promoting:
– the reduction of environmental damage or risks related to the use of energy (global warming, acidification, depletion of non-renewable resources) by reducing energy consumption,
– the reduction of environmental damage related to the use of natural resources by encouraging the reuse, recyclability and maintainability of a television,
– the reduction of environmental damage or risks related to the use of hazardous substances by reducing the use of such substances.
The criteria encourage the implementation of best practice (optimal environmental use) and enhance consumers’ environmental awareness. Furthermore, the marking of plastic components encourages recycling.
The criteria are set at levels that promote the labelling of televisions that are produced with low environmental impact.
Assessment and verification requirements
The specific assessment and verification requirements are indicated within each criterion.
Where appropriate, test methods other than those indicated for each criterion may be used if their equivalence is accepted by the competent body assessing the application.
Where possible, testing should be performed by appropriately accredited laboratories or laboratories that meet the requirements expressed in standard EN ISO 17025 and are competent to perform the relevant tests.
Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications.
The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria (note: it is not required to implement such management schemes).
1. Energy savings
(a) The television (hereinafter also referred to as “the product”) shall have an off-switch which is placed at the front of the television and is clearly visible.
(b) The passive(1) stand-by consumption of the television shall be <= 1,0 watt.
(c) For televisions which have an integrated digital receiver/decoder (IRD), the active stand-by consumption(2) of the television shall be <= 9,0 watts.
(d) The television shall have an on-mode energy efficiency index (EEIon) which is lower than 65 % of the base-case consumption for a television of that format. The on-mode energy efficiency index EEIon shall be derived from the equation:
>REFERENCE TO A GRAPHIC>
Pon is the measured energy consumption of the television in the on mode;
Pon,bc is the base-case energy consumption of the television in the on mode. This is calculated using the following formula:
>PIC FILE= “L_2002087EN.005402.TIF”>
– digit is equal to 1 if the television has digital processing for picture scanning, 0 if it does not have such processing,
– format is equal to 0,80 for a standard screen (4:3 aspect ratio), and 0,87 for a wide screen (16:9 aspect ratio),
– scrnsize is the screen diagonal in cm,
– scrnarea is the area of the screen in dm2, i.e. it is equal to scrnsize × scrnsize × 0,48/100 for a standard screen (4:3 aspect ratio), and scrnsize × scrnsize × 0,427/100 for a wide screen (16:9 aspect ratio),
– idd is equal to 1 if the TV has an integrated digital decoder for digital broadcast signals, otherwise it is equal to 0.
Assessment and verification:
the applicant shall provide a test report stating that the level of power consumption in each of these modes has been measured using the procedures shown in EN 50301 (methods of measurement on receivers for TV broadcast transmission). The report shall state the measured power consumption in each mode, the calculated base-case on-mode consumption, and the calculated percentage of base-case consumption in the on-mode.
2. Life-time extension
The manufacturer shall offer a commercial guarantee to ensure that the television will function for at least two years. This guarantee shall be valid from the date of delivery to the customer.
The availability of compatible electronic replacement parts shall be guaranteed for 7 years from the time that production ceases.
Assessment and verification:
the applicant shall declare the compliance of the product with these requirements.
3. Take-back and recycling
The manufacturer shall offer, free of charge, the take-back for recycling of the product, and for any component being replaced, except for items contaminated by users.
In addition, the product shall meet the following criteria:
(a) the manufacturer shall check the disassembly of the system unit and provide a disassembly report that shall be made available to third parties on request. Amongst others, the report shall confirm that connections are:
– easy to find and accessible,
– as standardised as possible,
– accessible with commonly available tools;
(b) incompatible and hazardous materials shall be separable;
(c) 90 % (by volume) of plastic and metal materials in the housing and chassis shall be technically recyclable;
(d) 90 % (by weight) of the glass used in a cathode ray tube shall be technically recyclable;
(e) if labels are required, they shall be easily separable or inherent;
(f) plastic parts shall:
– have no lead or cadmium intentionally added;
– be of one polymer or compatible polymers, except for the cover, which shall consist of no more than two types of polymers which are separable;
– contain no metal inlays that cannot be separated;
(g) plastic parts heavier than 25 grams shall:

Pending: 32001D0913

Having regard to the Treaty establishing the European Community (hereinafter referred to as the “Treaty”), in particular to Article 106(1) thereof, and to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the “Statute”), in particular to Article 16 thereof,Whereas:(1) Under Article 106(1) of the Treaty and Article 16 of the Statute, the Governing Council of the European Central Bank (ECB) has the exclusive right to authorise the issue of banknotes within the Community; under these provisions, the ECB and the national central banks (NCBs) may issue banknotes which are the only banknotes to have the status of legal tender within the participating Member States. Community law has foreseen a system of a plurality of issuers of banknotes. The ECB and the NCBs shall issue euro banknotes.(2) Pursuant to Article 10 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro(1), from 1 January 2002, the ECB and the NCBs (hereinafter referred to as the “Eurosystem”) will put into circulation banknotes denominated in euro. Euro banknotes are expressions of the same and single currency, and subject to a single legal regime.(3) The issue of euro banknotes need not be subject to quantitative or other limits, since putting banknotes into circulation is a demand driven process.(4) Decision ECB/2001/7 of 30 August 2001 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes(2), as amended by Decision ECB/2001/14(3), contains common rules on euro banknotes. The ECB has established common technical specifications for euro banknotes and quality control measures to ensure that the euro banknotes comply with such specifications. As a consequence all euro banknotes have the same physical appearance and level of quality and no distinction is to be made between banknotes of the same denomination.(5) All euro banknotes should be subject to identical acceptance and processing requirements by the Eurosystem members irrespective of which put them into circulation. The current practice of repatriation of banknotes denominated in national currency units to the issuing central bank will therefore not apply to euro banknotes. The regime for the issue of the euro banknotes is based on the principle of non-repatriation of euro banknotes.(6) Pursuant to Article 29.1 of the Statute, each of the members of the European System of Central Banks is assigned a weighting in the key for subscription to the ECB’s capital, as laid down by Decision ECB/1998/13 of 1 December 1998 on the national central banks’ percentage shares in the key for the capital of the ECB(4); this weighting is based on the population and gross domestic product of each Member State and governs the contributions to the ECB’s capital, the transfers of the NCB’s foreign reserve assets to the ECB, the monetary income allocation of the NCBs, and the distribution of profits and sharing of losses of the ECB.(7) Euro banknotes are legal tender in all participating Member States, will freely circulate within the euro area, be reissued by the members of the Eurosystem, and may also be stored or used outside the euro zone. The liabilities in respect of the issue of the total value of euro banknotes in circulation should therefore be allocated to the members of the Eurosystem in accordance with an objective criterion. An appropriate criterion is the share of each NCB in the paid-up capital of the ECB. This share results from a proportional application of the capital key referred to in Article 29.1 of the Statute to NCBs. This criterion not being applicable to the ECB, the percentage share of euro banknotes to be issued by the ECB is to be determined by the Governing Council.(8) Under Article 9.2 and Article 12.1 of the Statute, establishing the principle of decentralisation for Eurosystem operations, the NCBs are to be entrusted with putting into and withdrawing from circulation all euro banknotes including those issued by the ECB. Consistent with this principle of decentralisation, the physical handling of euro banknotes is also to be carried out by the NCBs.(9) The difference between the value of euro banknotes allocated to each NCB in accordance with the banknote allocation key and the value of the euro banknotes that such NCB puts into circulation should give rise to intra-Eurosystem balances. The ECB not putting euro banknotes into circulation, it should hold intra-Eurosystem claims on NCBs for a value equivalent to the share of euro banknotes that it issues. The remuneration of these intra-Eurosystem balances has an effect on the income positions of NCBs and is therefore the subject of Decision ECB/2001/16 of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002(5), based on Article 32 of the Statute,HAS DECIDED AS FOLLOWS:Article 1DefinitionsFor the purposes of this Decision:(a) “NCBs” shall mean the national central banks of the Member States that have adopted the single currency in accordance with the Treaty establishing the European Community;(b) “euro banknotes” shall mean those banknotes complying with the requirements of Decision ECB/2001/7, and with the technical specifications laid down by the Governing Council;(c) “subscribed capital key” shall mean the percentages that result from applying to the NCBs the weighting in the key referred to in Article 29.1 of the Statute and as laid down in Decision ECB/1998/13;(d) “banknote allocation key” shall mean the percentages that result from taking into account the ECB’s share in the total euro banknote issue and applying the subscribed capital key (rounded to the nearest multiple of 0,0005 percentage point) to the NCBs’ share in such total. The Annex to this Decision specifies the banknote allocation key applying on 1 January 2002.Article 2Issue of euro banknotesThe ECB and the NCBs shall issue euro banknotes.Article 3Obligations of issuers1. NCBs shall put into and withdraw from circulation euro banknotes, and perform any physical handling in relation to all euro banknotes, including those issued by the ECB.2. NCBs shall accept all euro banknotes on the request of the holder for exchange against euro banknotes of the same value or, in the case of account holders, to be credited to accounts held at the recipient NCB.3. NCBs shall treat all euro banknotes accepted by them as liabilities and process them in an identical manner.4. NCBs shall not transfer euro banknotes accepted by them to other NCBs and shall keep such euro banknotes available for reissue. As an exception, and in accordance with any rules laid down by the Governing Council of the ECB:(a) mutilated, damaged, worn or withdrawn euro banknotes may be destroyed by the recipient NCB;(b) euro banknotes held by NCBs may, for logistical reasons, be redistributed in bulk within the Eurosystem.Article 4Allocation of euro banknotes within the Eurosystem1. The total value of euro banknotes in circulation shall be allocated to the Eurosystem members by application of the banknote allocation key.2. The difference between the value of euro banknotes allocated to each NCB in accordance with the banknote allocation key and the value of the euro banknotes that such NCB puts into circulation shall give rise to intra-Eurosystem balances. The ECB shall hold intra-Eurosystem claims on NCBs in proportion to their shares in the subscribed capital key, for a value equivalent to the value of euro banknotes that it issues.Article 5Final provisions1. This Decision shall enter into force on 1 January 2002.2. This Decision shall be published in the Official Journal of the European Communities.Done at Frankfurt am Main, 6 December 2001.On behalf of the Governing Council of the ECBWillem F. Duisenberg(1) OJ L 139, 11.5.1998, p. 1.(2) OJ L 233, 31.8.2001, p. 55.(3) Not yet published in the Official Journal.(4) OJ L 125, 19.5.1999, p. 33.(5) See page 55 of this Official Journal.ANNEXBANKNOTE ALLOCATION KEY ON 1 JANUARY 2002>TABLE>

Article 1
Definitions
For the purposes of this Decision:
(a) “NCBs” shall mean the national central banks of the Member States that have adopted the single currency in accordance with the Treaty establishing the European Community;
(b) “euro banknotes” shall mean those banknotes complying with the requirements of Decision ECB/2001/7, and with the technical specifications laid down by the Governing Council;
(c) “subscribed capital key” shall mean the percentages that result from applying to the NCBs the weighting in the key referred to in Article 29.1 of the Statute and as laid down in Decision ECB/1998/13;
(d) “banknote allocation key” shall mean the percentages that result from taking into account the ECB’s share in the total euro banknote issue and applying the subscribed capital key (rounded to the nearest multiple of 0,0005 percentage point) to the NCBs’ share in such total. The Annex to this Decision specifies the banknote allocation key applying on 1 January 2002.

Article 2
Issue of euro banknotes
The ECB and the NCBs shall issue euro banknotes.

Article 3
Obligations of issuers
1. NCBs shall put into and withdraw from circulation euro banknotes, and perform any physical handling in relation to all euro banknotes, including those issued by the ECB.
2. NCBs shall accept all euro banknotes on the request of the holder for exchange against euro banknotes of the same value or, in the case of account holders, to be credited to accounts held at the recipient NCB.
3. NCBs shall treat all euro banknotes accepted by them as liabilities and process them in an identical manner.
4. NCBs shall not transfer euro banknotes accepted by them to other NCBs and shall keep such euro banknotes available for reissue. As an exception, and in accordance with any rules laid down by the Governing Council of the ECB:
(a) mutilated, damaged, worn or withdrawn euro banknotes may be destroyed by the recipient NCB;
(b) euro banknotes held by NCBs may, for logistical reasons, be redistributed in bulk within the Eurosystem.

Article 4
Allocation of euro banknotes within the Eurosystem
1. The total value of euro banknotes in circulation shall be allocated to the Eurosystem members by application of the banknote allocation key.
2. The difference between the value of euro banknotes allocated to each NCB in accordance with the banknote allocation key and the value of the euro banknotes that such NCB puts into circulation shall give rise to intra-Eurosystem balances. The ECB shall hold intra-Eurosystem claims on NCBs in proportion to their shares in the subscribed capital key, for a value equivalent to the value of euro banknotes that it issues.

Article 5
Final provisions
1. This Decision shall enter into force on 1 January 2002.
2. This Decision shall be published in the Official Journal of the European Communities.
Done at Frankfurt am Main, 6 December 2001.
On behalf of the Governing Council of the ECB
Willem F. Duisenberg
(1) OJ L 139, 11.5.1998, p. 1.
(2) OJ L 233, 31.8.2001, p. 55.
(3) Not yet published in the Official Journal.
(4) OJ L 125, 19.5.1999, p. 33.
(5) See page 55 of this Official Journal.

Having regard to the Treaty establishing the European Community (hereinafter referred to as the “Treaty”), in particular to Article 106(1) thereof, and to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the “Statute”), in particular to Article 16 thereof,Whereas:(1) Under Article 106(1) of the Treaty and Article 16 of the Statute, the Governing Council of the European Central Bank (ECB) has the exclusive right to authorise the issue of banknotes within the Community; under these provisions, the ECB and the national central banks (NCBs) may issue banknotes which are the only banknotes to have the status of legal tender within the participating Member States. Community law has foreseen a system of a plurality of issuers of banknotes. The ECB and the NCBs shall issue euro banknotes.(2) Pursuant to Article 10 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro(1), from 1 January 2002, the ECB and the NCBs (hereinafter referred to as the “Eurosystem”) will put into circulation banknotes denominated in euro. Euro banknotes are expressions of the same and single currency, and subject to a single legal regime.(3) The issue of euro banknotes need not be subject to quantitative or other limits, since putting banknotes into circulation is a demand driven process.(4) Decision ECB/2001/7 of 30 August 2001 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes(2), as amended by Decision ECB/2001/14(3), contains common rules on euro banknotes. The ECB has established common technical specifications for euro banknotes and quality control measures to ensure that the euro banknotes comply with such specifications. As a consequence all euro banknotes have the same physical appearance and level of quality and no distinction is to be made between banknotes of the same denomination.(5) All euro banknotes should be subject to identical acceptance and processing requirements by the Eurosystem members irrespective of which put them into circulation. The current practice of repatriation of banknotes denominated in national currency units to the issuing central bank will therefore not apply to euro banknotes. The regime for the issue of the euro banknotes is based on the principle of non-repatriation of euro banknotes.(6) Pursuant to Article 29.1 of the Statute, each of the members of the European System of Central Banks is assigned a weighting in the key for subscription to the ECB’s capital, as laid down by Decision ECB/1998/13 of 1 December 1998 on the national central banks’ percentage shares in the key for the capital of the ECB(4); this weighting is based on the population and gross domestic product of each Member State and governs the contributions to the ECB’s capital, the transfers of the NCB’s foreign reserve assets to the ECB, the monetary income allocation of the NCBs, and the distribution of profits and sharing of losses of the ECB.(7) Euro banknotes are legal tender in all participating Member States, will freely circulate within the euro area, be reissued by the members of the Eurosystem, and may also be stored or used outside the euro zone. The liabilities in respect of the issue of the total value of euro banknotes in circulation should therefore be allocated to the members of the Eurosystem in accordance with an objective criterion. An appropriate criterion is the share of each NCB in the paid-up capital of the ECB. This share results from a proportional application of the capital key referred to in Article 29.1 of the Statute to NCBs. This criterion not being applicable to the ECB, the percentage share of euro banknotes to be issued by the ECB is to be determined by the Governing Council.(8) Under Article 9.2 and Article 12.1 of the Statute, establishing the principle of decentralisation for Eurosystem operations, the NCBs are to be entrusted with putting into and withdrawing from circulation all euro banknotes including those issued by the ECB. Consistent with this principle of decentralisation, the physical handling of euro banknotes is also to be carried out by the NCBs.(9) The difference between the value of euro banknotes allocated to each NCB in accordance with the banknote allocation key and the value of the euro banknotes that such NCB puts into circulation should give rise to intra-Eurosystem balances. The ECB not putting euro banknotes into circulation, it should hold intra-Eurosystem claims on NCBs for a value equivalent to the share of euro banknotes that it issues. The remuneration of these intra-Eurosystem balances has an effect on the income positions of NCBs and is therefore the subject of Decision ECB/2001/16 of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002(5), based on Article 32 of the Statute,HAS DECIDED AS FOLLOWS:Article 1DefinitionsFor the purposes of this Decision:(a) “NCBs” shall mean the national central banks of the Member States that have adopted the single currency in accordance with the Treaty establishing the European Community;(b) “euro banknotes” shall mean those banknotes complying with the requirements of Decision ECB/2001/7, and with the technical specifications laid down by the Governing Council;(c) “subscribed capital key” shall mean the percentages that result from applying to the NCBs the weighting in the key referred to in Article 29.1 of the Statute and as laid down in Decision ECB/1998/13;(d) “banknote allocation key” shall mean the percentages that result from taking into account the ECB’s share in the total euro banknote issue and applying the subscribed capital key (rounded to the nearest multiple of 0,0005 percentage point) to the NCBs’ share in such total. The Annex to this Decision specifies the banknote allocation key applying on 1 January 2002.Article 2Issue of euro banknotesThe ECB and the NCBs shall issue euro banknotes.Article 3Obligations of issuers1. NCBs shall put into and withdraw from circulation euro banknotes, and perform any physical handling in relation to all euro banknotes, including those issued by the ECB.2. NCBs shall accept all euro banknotes on the request of the holder for exchange against euro banknotes of the same value or, in the case of account holders, to be credited to accounts held at the recipient NCB.3. NCBs shall treat all euro banknotes accepted by them as liabilities and process them in an identical manner.4. NCBs shall not transfer euro banknotes accepted by them to other NCBs and shall keep such euro banknotes available for reissue. As an exception, and in accordance with any rules laid down by the Governing Council of the ECB:(a) mutilated, damaged, worn or withdrawn euro banknotes may be destroyed by the recipient NCB;(b) euro banknotes held by NCBs may, for logistical reasons, be redistributed in bulk within the Eurosystem.Article 4Allocation of euro banknotes within the Eurosystem1. The total value of euro banknotes in circulation shall be allocated to the Eurosystem members by application of the banknote allocation key.2. The difference between the value of euro banknotes allocated to each NCB in accordance with the banknote allocation key and the value of the euro banknotes that such NCB puts into circulation shall give rise to intra-Eurosystem balances. The ECB shall hold intra-Eurosystem claims on NCBs in proportion to their shares in the subscribed capital key, for a value equivalent to the value of euro banknotes that it issues.Article 5Final provisions1. This Decision shall enter into force on 1 January 2002.2. This Decision shall be published in the Official Journal of the European Communities.Done at Frankfurt am Main, 6 December 2001.On behalf of the Governing Council of the ECBWillem F. Duisenberg(1) OJ L 139, 11.5.1998, p. 1.(2) OJ L 233, 31.8.2001, p. 55.(3) Not yet published in the Official Journal.(4) OJ L 125, 19.5.1999, p. 33.(5) See page 55 of this Official Journal.ANNEXBANKNOTE ALLOCATION KEY ON 1 JANUARY 2002>TABLE>
Definitions
For the purposes of this Decision:
(a) “NCBs” shall mean the national central banks of the Member States that have adopted the single currency in accordance with the Treaty establishing the European Community;
(b) “euro banknotes” shall mean those banknotes complying with the requirements of Decision ECB/2001/7, and with the technical specifications laid down by the Governing Council;
(c) “subscribed capital key” shall mean the percentages that result from applying to the NCBs the weighting in the key referred to in Article 29.1 of the Statute and as laid down in Decision ECB/1998/13;
(d) “banknote allocation key” shall mean the percentages that result from taking into account the ECB’s share in the total euro banknote issue and applying the subscribed capital key (rounded to the nearest multiple of 0,0005 percentage point) to the NCBs’ share in such total. The Annex to this Decision specifies the banknote allocation key applying on 1 January 2002.
Issue of euro banknotes
The ECB and the NCBs shall issue euro banknotes.
Obligations of issuers
1. NCBs shall put into and withdraw from circulation euro banknotes, and perform any physical handling in relation to all euro banknotes, including those issued by the ECB.
2. NCBs shall accept all euro banknotes on the request of the holder for exchange against euro banknotes of the same value or, in the case of account holders, to be credited to accounts held at the recipient NCB.
3. NCBs shall treat all euro banknotes accepted by them as liabilities and process them in an identical manner.
4. NCBs shall not transfer euro banknotes accepted by them to other NCBs and shall keep such euro banknotes available for reissue. As an exception, and in accordance with any rules laid down by the Governing Council of the ECB:
(a) mutilated, damaged, worn or withdrawn euro banknotes may be destroyed by the recipient NCB;
(b) euro banknotes held by NCBs may, for logistical reasons, be redistributed in bulk within the Eurosystem.
Allocation of euro banknotes within the Eurosystem
1. The total value of euro banknotes in circulation shall be allocated to the Eurosystem members by application of the banknote allocation key.
2. The difference between the value of euro banknotes allocated to each NCB in accordance with the banknote allocation key and the value of the euro banknotes that such NCB puts into circulation shall give rise to intra-Eurosystem balances. The ECB shall hold intra-Eurosystem claims on NCBs in proportion to their shares in the subscribed capital key, for a value equivalent to the value of euro banknotes that it issues.
Final provisions
1. This Decision shall enter into force on 1 January 2002.
2. This Decision shall be published in the Official Journal of the European Communities.
Done at Frankfurt am Main, 6 December 2001.
On behalf of the Governing Council of the ECB
Willem F. Duisenberg
(1) OJ L 139, 11.5.1998, p. 1.
(2) OJ L 233, 31.8.2001, p. 55.
(3) Not yet published in the Official Journal.
(4) OJ L 125, 19.5.1999, p. 33.
(5) See page 55 of this Official Journal.
BANKNOTE ALLOCATION KEY ON 1 JANUARY 2002

Pending: 32001D0783

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue(1), and in particular Article 8(2)(d) and (3), Article 9(1)(c) and Article 12(1) thereof,Whereas:(1) Following evidence of bluetongue outbreaks in four Member States in 2000, Commission Decision 2001/138/EC of 9 February 2001 establishing protection and surveillance zones in the Community in relation with bluetongue(2) was adopted pursuant to Directive 2000/75/EC.(2) In the light of the evolution of the situation in the Community and in particular in Italy, it is necessary to modify the zones established by that Decision.(3) The geographical, ecological and epidemiological data available in relation to the situation in Italy make it possible to specifically demarcate the protection zones in that Member State in accordance with Article 8(2)(d) of Directive 2000/75/EC. The situation in Lazio and Toscana, where a few isolated outbreaks have been registered, must be dealt with in a specific way with the aim of eradicating the disease. Accordingly, movements into those regions from the other regions infected with the same serotype must not be allowed.(4) Three serotypes (4, 9, 16) have been isolated in Greece in the past. Only serotype 9 has been isolated in the south of Italy during 2001. Only serotype 2 has been isolated in Corsica, Sardinia, northern continental Italy and in the Balearic Islands.(5) Chapter 2.1.9 of the International Zoosanitary Code lays down the conditions under which the dispatch from infected zones of live animals of species susceptible to bluetongue and their sperm, ova and embryos may take place. Accordingly provision should be made for movements from surveillance and protection zones in compliance with those conditions, pursuant to Article 12 of Directive 2000/75/EC.(6) In view of those different situations, it is necessary to demarcate distinct restricted areas corresponding to protection zones with no movements from and between them, and to prohibit dispatch from these areas, and from the whole territory of Greece, unless the conditions established under the International Zoosanitary Code are met.(7) Taking account of the epidemiological specificity of bluetongue (vector born disease) it is possible to envisage under strict conditions movements of live animals, in particular animals for slaughter, between infected and non-infected regions inside the territory of a Member State.(8) Transit of animals through a restricted area for a short period should be permitted under conditions protecting the animals from vector attacks at all times during transit.(9) Decision 2001/138/EC should therefore be repealed.(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
The purpose of this Decision is to establish restricted zones, comprising protection and surveillance zones for the purposes of Article 8 of Directive 2000/75/EC, to protect against bluetongue (BT) and to lay down rules on movements of animals of species susceptible to bluetongue in and from those zones.

Article 2
The dispatch and transit of live animals of species susceptible to bluetongue and their sperm, ova and embryos, are prohibited:
– from or through the territory corresponding to the administrative units listed in Annex I A,
– from or through the territory corresponding to the administrative units listed in Annex I B,
– from or through the territory corresponding to the administrative units listed in Annex I C,
– from or through the territory corresponding to the administrative units listed in Annex I D.

Article 3
1. By way of derogation from Article 2, dispatches from the restricted zones set out in Annex I, of animals susceptible to bluetongue, their sperm, ova and embryos shall be authorised provided that they comply with the conditions laid down in Annex II.
2. In intra-Community trade, the Member State of origin availing itself of this derogation shall ensure that the following additional wording is added to the corresponding certificates laid down in Council Directives 64/432/EEC(3), 88/407/EEC(4), 89/556/EEC(5), 91/68/EEC(6) and 92/65/EEC(7): “in compliance with Decision 2001/783/EC”.
3. When in a Member State, no specific zones have been demarcated in the frame of Article 2, internal movements of animals susceptible to bluetongue, their sperm, ova and embryos, may be authorised by the competent authorities taking account of the epidemiological specificity of the prevailing situation.

Article 4
By way of derogation from Article 2 and concerning dispatches from the restricted zones set out in Annex I to regions not listed in Annex I in the same Member State, the national competent authorities may authorise movements of live animals when:
– the surveillance and monitoring programme in an epidemiological relevant area of origin has proved the cessation of bluetongue virus (BTV) transmission or of adult Culicoides activity, and
– the vector surveillance programme in an epidemiological relevant area of destination has proved the cessation of adult Culicoides activity.
Member States using this derogation shall set up a channelized procedure, under the control of competent authorities of origin and destination, in order to prevent any further movement to another Member State of animals moved under the conditions provided in this Article.

Article 5
By way of derogation from Article 2 and concerning dispatches from restricted zones set out in Annex I to regions not listed in Annex I in the same Member State, the national competent authorities may authorise movements of slaughtering animals under the conditions that:
(a) no virus circulation has been demonstrated in an area of at least 20 km surrounding the farm of origin for at least 100 days before the transport;
(b) the animals to be moved do not show any sign of bluetongue on the day of transport;
(c) the animals must be transported in vehicles sealed by the competent authority directly to the slaughterhouse for the purpose of slaughter without delay, under official supervision;
(d) the competent authority responsible for the slaughterhouse should be informed of the intention to send animals to it and must notify the dispatching competent authority of their arrival.

Article 6
In the case of dispatch of animals originating from an area of the Community outside the restricted zones set out in Annex I, when the route plan indicates that part of the journey will pass through a restricted zone set out in Annex I, an insecticide treatment of the animals and the means of transport shall be carried out at the place of loading or in any case prior to entering the restricted zone.
When, during transit through a restricted zone, a rest period is foreseen in a staging post, insecticide treatment shall be carried out in order to protect animals from any attack by vectors.
For animals which transit through a restricted zone, the following additional wording shall be added to the corresponding certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC: “Insecticide treatment with (name of the product) on (date) at (time) in conformity with Decision 2001/783/EC”
The provisions of this article shall apply subject to the authorisation of the competent authorities of the Member State of destination and transit.

Article 7
The Member States shall ensure that the measures they apply to trade are in compliance with this Decision and inform the Commission thereof.

Article 8
Decision 2001/138/EC is repealed.

Article 9
This Decision is addressed to the Member States.
Done at Brussels, 9 November 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 327, 22.12.2000, p. 74.
(2) OJ L 50, 21.2.2001, p. 17.
(3) OJ 121, 29.7.1964, p. 1977/64.
(4) OJ L 194, 22.7.1988, p. 10.
(5) OJ L 302, 19.10.1989, p. 1.
(6) OJ L 46, 19.2.1991, p. 19.
(7) OJ L 268, 14.9.1992, p. 54.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue(1), and in particular Article 8(2)(d) and (3), Article 9(1)(c) and Article 12(1) thereof,Whereas:(1) Following evidence of bluetongue outbreaks in four Member States in 2000, Commission Decision 2001/138/EC of 9 February 2001 establishing protection and surveillance zones in the Community in relation with bluetongue(2) was adopted pursuant to Directive 2000/75/EC.(2) In the light of the evolution of the situation in the Community and in particular in Italy, it is necessary to modify the zones established by that Decision.(3) The geographical, ecological and epidemiological data available in relation to the situation in Italy make it possible to specifically demarcate the protection zones in that Member State in accordance with Article 8(2)(d) of Directive 2000/75/EC. The situation in Lazio and Toscana, where a few isolated outbreaks have been registered, must be dealt with in a specific way with the aim of eradicating the disease. Accordingly, movements into those regions from the other regions infected with the same serotype must not be allowed.(4) Three serotypes (4, 9, 16) have been isolated in Greece in the past. Only serotype 9 has been isolated in the south of Italy during 2001. Only serotype 2 has been isolated in Corsica, Sardinia, northern continental Italy and in the Balearic Islands.(5) Chapter 2.1.9 of the International Zoosanitary Code lays down the conditions under which the dispatch from infected zones of live animals of species susceptible to bluetongue and their sperm, ova and embryos may take place. Accordingly provision should be made for movements from surveillance and protection zones in compliance with those conditions, pursuant to Article 12 of Directive 2000/75/EC.(6) In view of those different situations, it is necessary to demarcate distinct restricted areas corresponding to protection zones with no movements from and between them, and to prohibit dispatch from these areas, and from the whole territory of Greece, unless the conditions established under the International Zoosanitary Code are met.(7) Taking account of the epidemiological specificity of bluetongue (vector born disease) it is possible to envisage under strict conditions movements of live animals, in particular animals for slaughter, between infected and non-infected regions inside the territory of a Member State.(8) Transit of animals through a restricted area for a short period should be permitted under conditions protecting the animals from vector attacks at all times during transit.(9) Decision 2001/138/EC should therefore be repealed.(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
The purpose of this Decision is to establish restricted zones, comprising protection and surveillance zones for the purposes of Article 8 of Directive 2000/75/EC, to protect against bluetongue (BT) and to lay down rules on movements of animals of species susceptible to bluetongue in and from those zones.
The dispatch and transit of live animals of species susceptible to bluetongue and their sperm, ova and embryos, are prohibited:
– from or through the territory corresponding to the administrative units listed in Annex I A,
– from or through the territory corresponding to the administrative units listed in Annex I B,
– from or through the territory corresponding to the administrative units listed in Annex I C,
– from or through the territory corresponding to the administrative units listed in Annex I D.
1. By way of derogation from Article 2, dispatches from the restricted zones set out in Annex I, of animals susceptible to bluetongue, their sperm, ova and embryos shall be authorised provided that they comply with the conditions laid down in Annex II.
2. In intra-Community trade, the Member State of origin availing itself of this derogation shall ensure that the following additional wording is added to the corresponding certificates laid down in Council Directives 64/432/EEC(3), 88/407/EEC(4), 89/556/EEC(5), 91/68/EEC(6) and 92/65/EEC(7): “in compliance with Decision 2001/783/EC”.
3. When in a Member State, no specific zones have been demarcated in the frame of Article 2, internal movements of animals susceptible to bluetongue, their sperm, ova and embryos, may be authorised by the competent authorities taking account of the epidemiological specificity of the prevailing situation.
By way of derogation from Article 2 and concerning dispatches from the restricted zones set out in Annex I to regions not listed in Annex I in the same Member State, the national competent authorities may authorise movements of live animals when:
– the surveillance and monitoring programme in an epidemiological relevant area of origin has proved the cessation of bluetongue virus (BTV) transmission or of adult Culicoides activity, and
– the vector surveillance programme in an epidemiological relevant area of destination has proved the cessation of adult Culicoides activity.
Member States using this derogation shall set up a channelized procedure, under the control of competent authorities of origin and destination, in order to prevent any further movement to another Member State of animals moved under the conditions provided in this Article.
By way of derogation from Article 2 and concerning dispatches from restricted zones set out in Annex I to regions not listed in Annex I in the same Member State, the national competent authorities may authorise movements of slaughtering animals under the conditions that:
(a) no virus circulation has been demonstrated in an area of at least 20 km surrounding the farm of origin for at least 100 days before the transport;
(b) the animals to be moved do not show any sign of bluetongue on the day of transport;
(c) the animals must be transported in vehicles sealed by the competent authority directly to the slaughterhouse for the purpose of slaughter without delay, under official supervision;
(d) the competent authority responsible for the slaughterhouse should be informed of the intention to send animals to it and must notify the dispatching competent authority of their arrival.
In the case of dispatch of animals originating from an area of the Community outside the restricted zones set out in Annex I, when the route plan indicates that part of the journey will pass through a restricted zone set out in Annex I, an insecticide treatment of the animals and the means of transport shall be carried out at the place of loading or in any case prior to entering the restricted zone.
When, during transit through a restricted zone, a rest period is foreseen in a staging post, insecticide treatment shall be carried out in order to protect animals from any attack by vectors.
For animals which transit through a restricted zone, the following additional wording shall be added to the corresponding certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC: “Insecticide treatment with (name of the product) on (date) at (time) in conformity with Decision 2001/783/EC”
The provisions of this article shall apply subject to the authorisation of the competent authorities of the Member State of destination and transit.
The Member States shall ensure that the measures they apply to trade are in compliance with this Decision and inform the Commission thereof.
Decision 2001/138/EC is repealed.
This Decision is addressed to the Member States.
Done at Brussels, 9 November 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 327, 22.12.2000, p. 74.
(2) OJ L 50, 21.2.2001, p. 17.
(3) OJ 121, 29.7.1964, p. 1977/64.
(4) OJ L 194, 22.7.1988, p. 10.
(5) OJ L 302, 19.10.1989, p. 1.
(6) OJ L 46, 19.2.1991, p. 19.
(7) OJ L 268, 14.9.1992, p. 54.
(Protection zones and surveillance zones)
Sicilia: Agrigento, Caltanisetta, Catania, Enna, Messina, Palermo, Ragusa, Siracusa e Trapani
Calabria: Catanzaro, Cosenza, Crotone, Reggio Calabria, Vibo Valentia
Basilicata: Matera, Potenza
Puglia: Bari, Brindisi, Foggia, Lecce, Taranto
Campania: Avellino, Benevento, Caserta, Napoli, Salerno
Corse-du-sud, Haute-Corse
Sardegna: Cagliari, Nuoro, Sassari, Oristano
Lazio: provinces of Viterbo, Latina, Roma
Toscana: province of Grosseto
Conditions applying to dispatch from restricted areas of animals of species susceptible to bluetongue their sperm, ova and embryos
A. Live animals must have been:
1. protected from Culicoides attack for at least 100 days prior to shipment, or
2. protected from Culicoides attack for at least 28 days prior to shipment, and subjected during that period to a serological test to detect antibodies to the BTV group, such as the BT competition ELISA or the BT AGID test, with negative results on two occasions, with an interval of not less than seven days between each test, the first test being carried out at least 21 days after introduction into the quarantine station, or
3. protected from Culicoides attack for at least 14 days prior to shipment, and subjected during that period to a BTV isolation test or polymerase chain reaction test, with negative results, on blood samples taken on two occasions, with an interval of not less than seven days between each test, the first test being carried out at least seven days after introduction into the quarantine station,
4. protected from Culicoides attack during transportation to the place of shipment.
B. Semen must have been obtained from donors which have been:
1. protected from Culicoides attack for at least 100 days before commencement of, and during, collection of the semen, or
2. subjected to a serological test to detect antibodies to the BTV group such as the BT competition ELISA or the BT AGID test, with negative results, at least every 60 days throughout the collection period and between 28 and 60 days after the final collection for this consignment, or
3. subjected to a virus isolation test or polymerase chain reaction (PCR) test on blood samples collected at commencement and conclusion of, and at least every seven days (virus isolation test) or at least every 28 days (PCR test) during, semen collection for this consignment, with negative results.
C. Ovas and embryos must have been obtained from donors which have been:
1. protected from Culicoides attack for at least 100 days before commencement of, and during, collection of the embryos/ovas, or
2. subjected to a serological test to detect antibodies to the BTV group such as the BT competition ELISA or the BT AGID test, between 28 and 60 days after collection with negative results, or
3. subjected to a BTV isolation test or polymerase chain reaction test on a blood sample taken on the day of collection, with negative results.

Pending: 32001D0405

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000(1) on a revised Community eco-label award scheme, and in particular Articles 3, 4 and 6 thereof,Whereas:(1) Article 3 of Regulation (EC) No 1980/2000 provides that the eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Article 4 of Regulation (EC) No 1980/2000 provides that specific eco-label criteria shall be established according to product groups.(3) Article 4 of Regulation (EC) No 1980/2000 provides that the review of the eco-label criteria as well as of the assessment and verification requirements related to the criteria shall take place in due time before the end of the period of validity of the criteria specified for each product group and shall result in a proposal for prolongation, withdrawal or revision.(4) By Decision 98/94/EC(2), the Commission established ecological criteria for the award of the Community eco-label to tissue-paper products, which, according to Article 3 thereof, as modified by Decision 2000/413/EC(3), expire 31 December 2001.(5) It is appropriate to revise the definition of the product group and the ecological criteria that were established by Decision 98/94/EC in order to reflect the developments in the market.(6) It is appropriate to adopt a new Commission Decision establishing the specific ecological criteria for this product group, which will be valid for a period of five years.(7) It is appropriate that, for a limited period of not more than 12 months, both the new criteria established by this Decision and the criteria previously established by Decision 98/94/EC are valid concurrently in order to allow sufficient time for companies that have been awarded the eco-label for their products prior to the adoption of this new Decision to adapt these products to comply with the new criteria.(8) The measures set out in this Decision have been developed and adopted under the procedures for the setting of eco-label criteria as laid down in Article 6 of Regulation (EC) No 1980/2000.(9) The measures set out in this Decision are in accordance with the opinion of the committee set up under Article 17 of Regulation (EC) No 1980/2000,HAS ADOPTED THIS DECISION:Article 1The product group “tissue-paper products” (hereinafter referred to as “the product group”) shall mean:Sheets or rolls of tissue paper fit for use for personal hygiene, absorption of liquids and/or cleaning of soiled surfaces. The tissue product normally consists of creped or embossed paper in one or several plies. The fibre content of the product shall be at least 90 %. Laminated tissue products and wet wipes are excluded from the product group.Article 2The environmental performance of the product group as defined in

Article 1
The product group “tissue-paper products” (hereinafter referred to as “the product group”) shall mean:
Sheets or rolls of tissue paper fit for use for personal hygiene, absorption of liquids and/or cleaning of soiled surfaces. The tissue product normally consists of creped or embossed paper in one or several plies. The fibre content of the product shall be at least 90 %. Laminated tissue products and wet wipes are excluded from the product group.

Article 2
The environmental performance of the product group as defined in Article 1 shall be assessed by reference to the specific ecological criteria set out in the Annex.

Article 3
The product group definition and the criteria for the product group shall be valid for five years from the date on which this Decision takes effect.
The period of validity of the product group definition and the criteria established by Decision 98/94/EC, as modified by Decision 2000/413/EC, shall be extended to expire 12 months after the date on which this Decision takes effect.

Article 4
For administrative purposes the code number assigned to the product group shall be “004”.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 4 May 2001.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
(2) OJ L 19, 24.1.1998, p. 77.
(3) OJ L 155, 28.6.2000, p. 63.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000(1) on a revised Community eco-label award scheme, and in particular Articles 3, 4 and 6 thereof,Whereas:(1) Article 3 of Regulation (EC) No 1980/2000 provides that the eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Article 4 of Regulation (EC) No 1980/2000 provides that specific eco-label criteria shall be established according to product groups.(3) Article 4 of Regulation (EC) No 1980/2000 provides that the review of the eco-label criteria as well as of the assessment and verification requirements related to the criteria shall take place in due time before the end of the period of validity of the criteria specified for each product group and shall result in a proposal for prolongation, withdrawal or revision.(4) By Decision 98/94/EC(2), the Commission established ecological criteria for the award of the Community eco-label to tissue-paper products, which, according to Article 3 thereof, as modified by Decision 2000/413/EC(3), expire 31 December 2001.(5) It is appropriate to revise the definition of the product group and the ecological criteria that were established by Decision 98/94/EC in order to reflect the developments in the market.(6) It is appropriate to adopt a new Commission Decision establishing the specific ecological criteria for this product group, which will be valid for a period of five years.(7) It is appropriate that, for a limited period of not more than 12 months, both the new criteria established by this Decision and the criteria previously established by Decision 98/94/EC are valid concurrently in order to allow sufficient time for companies that have been awarded the eco-label for their products prior to the adoption of this new Decision to adapt these products to comply with the new criteria.(8) The measures set out in this Decision have been developed and adopted under the procedures for the setting of eco-label criteria as laid down in Article 6 of Regulation (EC) No 1980/2000.(9) The measures set out in this Decision are in accordance with the opinion of the committee set up under Article 17 of Regulation (EC) No 1980/2000,HAS ADOPTED THIS DECISION:Article 1The product group “tissue-paper products” (hereinafter referred to as “the product group”) shall mean:Sheets or rolls of tissue paper fit for use for personal hygiene, absorption of liquids and/or cleaning of soiled surfaces. The tissue product normally consists of creped or embossed paper in one or several plies. The fibre content of the product shall be at least 90 %. Laminated tissue products and wet wipes are excluded from the product group.Article 2The environmental performance of the product group as defined in
The product group “tissue-paper products” (hereinafter referred to as “the product group”) shall mean:
Sheets or rolls of tissue paper fit for use for personal hygiene, absorption of liquids and/or cleaning of soiled surfaces. The tissue product normally consists of creped or embossed paper in one or several plies. The fibre content of the product shall be at least 90 %. Laminated tissue products and wet wipes are excluded from the product group.
The environmental performance of the product group as defined in Article 1 shall be assessed by reference to the specific ecological criteria set out in the Annex.
The product group definition and the criteria for the product group shall be valid for five years from the date on which this Decision takes effect.
The period of validity of the product group definition and the criteria established by Decision 98/94/EC, as modified by Decision 2000/413/EC, shall be extended to expire 12 months after the date on which this Decision takes effect.
For administrative purposes the code number assigned to the product group shall be “004”.
This Decision is addressed to the Member States.
Done at Brussels, 4 May 2001.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
(2) OJ L 19, 24.1.1998, p. 77.
(3) OJ L 155, 28.6.2000, p. 63.
In order to qualify for an eco-label, the product as defined in Article 1 must comply with the criteria of this Annex, with tests carried out on application as indicated in the criteria and the technical appendix. Where appropriate, other test methods may be used if their equivalence is accepted by the Competent Body assessing the application (for example if the equivalence is established by a calibration curve at 95 % significance). Where no tests are mentioned, or are mentioned as being for use in verification or monitoring, Competent Bodies should rely as appropriate on declarations and documentation provided by the applicant and/or independent verifications.
The Competent Bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria in this Annex (Note: it is not required to implement such management schemes.)
These criteria aim in particular at promoting:
– the reduction of discharges of toxic or otherwise polluting substances into waters,
– the reduction of environmental damage or risks related to the conversion and use of energy (global warming, acidification, depletion of non-renewable resources) by reducing energy consumption and related air emissions,
– the commitment to the need to apply good management principles in order to safeguard forests,
– the reduction of risks for human health, environmental damage or risks related to the use of hazardous chemicals,
– the minimisation and efficient use of waste.
The criteria are set at levels that promote the labelling of tissue paper produced with a low environmental impact.
ECOLOGICAL CRITERIA
1. EMISSIONS TO WATER AND AIR
(i) The performance concerning the parameters COD, AOX, CO2, fossil and SO2 shall be expressed in terms of load points, in relation to a reference value (referred to as a “coefficient” for each parameter).
The total emissions to water and air relating to the paper product shall be calculated as the sum of the emissions from the pulp and the tissue paper production stages.
Coefficients and hurdles for the emission parameters
(ii) The load points, L, are calculated as shown in equation 1. The actual emission for each parameter should be divided by the corresponding coefficient for this parameter.
Li = (emission of parameter i)/Ci (equation 1)
(iii) The “total load point sum”, P, is calculated from equation 2 by adding the load points for each parameter.
P = L1 + L2 + L3 + L4 (equation 2)
(iv) If any of the emissions of the parameters COD, AOX, CO2, fossil and SO2 for a product exceeds the values described as “hurdles” in table 1, the product shall not qualify for the eco-label.
(v) To obtain the eco-label, the total load point sum (P) for the product must not exceed four points.
The amount of AOX (as Cl) discharged from each pulp manufacturing site shall not exceed 0,50 kg per air dry tonne of pulp.
Where trimmings are incorporated in the final product, the emissions related to their production, whether on-site or off-site, shall be included in the calculation of the load points.
Data on the use of water per tonne of pulp and paper produced in the production process of pulp and tissue paper shall be reported (Note: the data is necessary to evaluate the calculations of effluent flows and concentrations).
Sulphur compounds: The emissions related to the production of electricity need not be accounted for.
Carbon dioxide: from fossil sources per tonne of paper produced, including emissions from the production of electricity (whether on-site or off-site).
2. ENERGY USE
The total consumption of electricity relating to the tissue-paper product shall be calculated as the sum of the electricity used in the pulp and the tissue paper production stages and shall not exceed:
– 11 G joule (3000 kWh) electricity per tonne of paper produced.
The applicant shall calculate all inputs of electricity used during the production of pulp and tissue paper, including the electricity used in the de-inking of waste papers for the production of recycled paper.
Electricity means net imported electricity coming from the grid and internally generated electricity measured as electric power. Electricity used for waste-water treatment and air cleaning need not be included.
3. FIBRES – SUSTAINABLE FOREST MANAGEMENT
Fibres may be wood fibres, recycled fibres(1) or non-wood fibres.
In the case of virgin wood fibres from forests, the operators in charge of managing the sources from which the fibres originate shall implement principles and measures aimed at ensuring sustainable forest management. A declaration, charter, code of conduct, certificate or statement to this effect from these operators and/or from the pulp mills shall be presented.
In Europe, the principles and measures referred to above shall correspond to those of the Pan-European Operational Level Guidelines for Sustainable Forest Management, as endorsed by the Lisbon Ministerial Conference on the Protection of Forests in Europe (2 to 4 June 1998). Outside Europe they shall correspond to the UNCED Forest Principles (Rio de Janeiro, June 1992) and, where applicable, to the criteria or guidelines for sustainable forest management as adopted under the respective international and regional initiatives (ITTO, Montreal Process, Tarapoto Process, UNEP/FAO Dry-Zone Africa Initiative).
4. HAZARDOUS CHEMICAL SUBSTANCES
Bleaching: Chlorine gas shall not be used as a bleaching agent. This requirement does not apply to chlorine gas related to the production and use of chlorine dioxide. (Note: while this requirement also applies to the bleaching of recycled fibres, it is accepted that the fibres in their previous lifecycle may have been bleached with chlorine gas.)
De-inking: Alkylphenolethoxylates (APEOs) or other derivates from alkylphenol shall not be added in de-inking chemicals. Derivates from alkylphenol are defined as substances that are degraded to alkylphenols.
Wet strength aids: Wet strength aids must not contain more than 1,0 chloro-organic substances, related to the dry content, that are assigned or may be assigned any of the risk phrases R45 (may cause cancer), R46 (may cause heritable genetic damage), R5O/53 (very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment), R60 (may impair fertility) or R61 (may cause harm to the unborn child) as defined in the Council Directive 67/548/EEC(2), as last amended by Commission Directive 2000/33/EC(3). Examples of such chloro-organic substances are epichlorohydrin (ECH). 1,3-dichloro-2-propanol (DCP) and 3monochloro-1,2-propanediol (MCPD).
5. WASTE MANAGEMENT
All producers of pulp, paper and converted tissue products shall have a system for the handling of waste(4) and residual products arising from the production plants. The system shall be documented or explained in the application and shall include at least the following points:
– procedures for separating and using recyclable materials from the waste stream,
– procedures for recovering materials for other uses, such as incineration for raising process steam, or agricultural use,
– procedures for the handling of hazardous waste(5).
6. PRODUCT SAFETY
Products made from recycled fibres or mixtures of recycled and virgin fibres shall fulfil requirements on hygiene as follows:
FITNESS FOR USE
The product shall be fit for use.
CONSUMER INFORMATION
Box 2 of the eco-label shall include the following text:
– low water pollution

Pending: 32001D0264

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 207(3) thereof,Having regard to Council Decision 2000/396/EC, ECSC, Euratom of 5 June 2000 adopting the Councils Rules of Procedure(1), and in particular Article 24 thereof,Whereas:(1) In order to develop Council activities in areas which require a degree of confidentiality, it is appropriate to establish a comprehensive security system covering the Council, its General Secretariat and the Member States.(2) Such system should combine in a single text the subject matter covered by all previous decisions and provisions in the same field.(3) In practice, the major part of EU information classified CONFIDENTIEL UE and above will concern the Common Security and Defence Policy.(4) In order to safeguard the effectiveness of the security system thus established, Member States should be associated with its functioning by taking national measures necessary to respect the provisions of this Decision where their competent authorities and servants handle EU classified information.(5) The Council welcomes the intention of the Commission to introduce, by the date of application of this Decision, a comprehensive system that is in line with the Annexes thereto, with a view to ensuring a smooth functioning of the decision-making process of the Union.(6) The Council underlines the importance of associating, where appropriate, the European Parliament and the Commission with the rules and standards of confidentiality which are necessary in order to protect the interests of the Union and its Member States.(7) This Decision is taken without prejudice to Article 255 of the Treaty and to instruments implementing it.(8) This Decision is taken without prejudice to existing practices in Member States with regard to informing their national Parliaments on the activities of the Union,HAS DECIDED AS FOLLOWS:Article 1The Council’s security regulations contained in the Annex are hereby approved.Article 21. The Secretary-General/High Representative shall take appropriate measures to ensure that, when handling EU classified information, the regulations referred to in

Article 1
The Council’s security regulations contained in the Annex are hereby approved.

Article 2
1. The Secretary-General/High Representative shall take appropriate measures to ensure that, when handling EU classified information, the regulations referred to in Article 1 are respected within the General Secretariat of the Council (hereinafter referred to as “GSC”) by GSC officials and other servants, by GSC external contractors, and by personnel seconded to the GSC, as well as within Council premises and EU decentralised agencies(2).
2. Members States shall take appropriate measures, in accordance with national arrangements, to ensure that, when EU classified information is handled, the regulations referred to in Article 1 are respected, within their services and premises by:
(a) members of Member States’ permanent representations to the European Union as well as by members of national delegations attending meetings of the Council or of its bodies, or participating in other Council activities;
(b) other members of the Member States’ national administrations handling EU classified information, whether they serve in the territory of the Member States or abroad; and
(c) Member States’ external contractors and seconded personnel, handling EU classified information.
Member States shall forthwith inform the GSC of the measures taken.
3. The measures referred to in paragraphs 1 and 2 shall be taken before 30 November 2001.

Article 3
In keeping with the basic principles and minimum standards of security contained in part I of the Annex, the Secretary-General/High Representative may take measures in accordance with part II, Section I(1) and (2), of the Annex.

Article 4
As from the day of its application, this Decision shall replace:
(a) Council Decision 98/319/EC of 27 April 1998 relating to the procedures whereby officials and employees of the General Secretariat of the Council may be allowed access to classified information held by the Council(3);
(b) Decision of the Secretary-General/High Representative of 27 July 2000 on measures for the protection of classified information applicable to the General Secretariat of the Council(4);
(c) Decision 433/97 of the Secretary-General of the Council of 22 May 1997 on the Security Clearance procedure of the officials responsible for the functioning of the Cortesy network.

Article 5
1. This Decision shall take effect on the day of its publication.
2. It shall apply from 1 December 2001.
Done at Brussels, 19 March 2001.
For the Council
The President
(1) OJ L 149, 23.6.2000, p. 21.
(2) See Council Conclusions of 10 November 2000.
(3) OJ L 140, 12.5.1998, p. 12.
(4) OJ C 239, 23.8.2000, p. 1.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 207(3) thereof,Having regard to Council Decision 2000/396/EC, ECSC, Euratom of 5 June 2000 adopting the Councils Rules of Procedure(1), and in particular Article 24 thereof,Whereas:(1) In order to develop Council activities in areas which require a degree of confidentiality, it is appropriate to establish a comprehensive security system covering the Council, its General Secretariat and the Member States.(2) Such system should combine in a single text the subject matter covered by all previous decisions and provisions in the same field.(3) In practice, the major part of EU information classified CONFIDENTIEL UE and above will concern the Common Security and Defence Policy.(4) In order to safeguard the effectiveness of the security system thus established, Member States should be associated with its functioning by taking national measures necessary to respect the provisions of this Decision where their competent authorities and servants handle EU classified information.(5) The Council welcomes the intention of the Commission to introduce, by the date of application of this Decision, a comprehensive system that is in line with the Annexes thereto, with a view to ensuring a smooth functioning of the decision-making process of the Union.(6) The Council underlines the importance of associating, where appropriate, the European Parliament and the Commission with the rules and standards of confidentiality which are necessary in order to protect the interests of the Union and its Member States.(7) This Decision is taken without prejudice to Article 255 of the Treaty and to instruments implementing it.(8) This Decision is taken without prejudice to existing practices in Member States with regard to informing their national Parliaments on the activities of the Union,HAS DECIDED AS FOLLOWS:Article 1The Council’s security regulations contained in the Annex are hereby approved.Article 21. The Secretary-General/High Representative shall take appropriate measures to ensure that, when handling EU classified information, the regulations referred to in
The Council’s security regulations contained in the Annex are hereby approved.
1. The Secretary-General/High Representative shall take appropriate measures to ensure that, when handling EU classified information, the regulations referred to in Article 1 are respected within the General Secretariat of the Council (hereinafter referred to as “GSC”) by GSC officials and other servants, by GSC external contractors, and by personnel seconded to the GSC, as well as within Council premises and EU decentralised agencies(2).
2. Members States shall take appropriate measures, in accordance with national arrangements, to ensure that, when EU classified information is handled, the regulations referred to in Article 1 are respected, within their services and premises by:
(a) members of Member States’ permanent representations to the European Union as well as by members of national delegations attending meetings of the Council or of its bodies, or participating in other Council activities;
(b) other members of the Member States’ national administrations handling EU classified information, whether they serve in the territory of the Member States or abroad; and
(c) Member States’ external contractors and seconded personnel, handling EU classified information.
Member States shall forthwith inform the GSC of the measures taken.
3. The measures referred to in paragraphs 1 and 2 shall be taken before 30 November 2001.
In keeping with the basic principles and minimum standards of security contained in part I of the Annex, the Secretary-General/High Representative may take measures in accordance with part II, Section I(1) and (2), of the Annex.
As from the day of its application, this Decision shall replace:
(a) Council Decision 98/319/EC of 27 April 1998 relating to the procedures whereby officials and employees of the General Secretariat of the Council may be allowed access to classified information held by the Council(3);
(b) Decision of the Secretary-General/High Representative of 27 July 2000 on measures for the protection of classified information applicable to the General Secretariat of the Council(4);
(c) Decision 433/97 of the Secretary-General of the Council of 22 May 1997 on the Security Clearance procedure of the officials responsible for the functioning of the Cortesy network.
1. This Decision shall take effect on the day of its publication.
2. It shall apply from 1 December 2001.
Done at Brussels, 19 March 2001.
For the Council
The President
(1) OJ L 149, 23.6.2000, p. 21.
(2) See Council Conclusions of 10 November 2000.
(3) OJ L 140, 12.5.1998, p. 12.
(4) OJ C 239, 23.8.2000, p. 1.
SECURITY REGULATIONS OF THE COUNCIL OF THE EUROPEAN UNION
BASIC PRINCIPLES AND MINIMUM STANDARDS OF SECURITY
INTRODUCTION
1. These provisions lay down the basic principles and minimum standards of security to be respected in an appropriate manner by the Council, by the General Secretariat of the Council (hereinafter called “GSC”), by the Member States and by the decentralised agencies of the European Union (hereinafter called “EU decentralised agencies”), so that security is safeguarded and each may be assured that a common standard of protection is established.
2. The term “EU classified information” means any information and material, an unauthorised disclosure of which could cause varying degrees of prejudice to the EU interests, or to one or more of its Member States, whether such information originates within the EU or is received from Member States, third States or international organisations.
3. Throughout these regulations:
(a) by “document” is meant any letter, note, minute, report, memorandum, signal/message, sketch, photograph, slide, film, map, chart, plan, notebook, stencil, carbon, typewriter or printer ribbon, tape, cassette, computer disk, CD ROM, or other physical medium on which information has been recorded;
(b) by “material” is meant “document” as defined in (a) above and also any item of equipment or weapons, either manufactured or in the process of manufacture.
4. Security has the following principal objectives:
(a) to safeguard EU classified information from espionage, compromise or unauthorised disclosure;
(b) to safeguard EU information handled in communications and information systems and networks, against threats to its integrity and availability;
(c) to safeguard installations housing EU information from sabotage and malicious wilful damage;
(d) in the event of failure, to assess the damage caused, limit its consequences and adopt the necessary remedial measures.
5. The foundations of sound security are:
(a) within each Member State, a national security organisation responsible for:
(i) the collection and recording of intelligence on espionage, sabotage, terrorism and other subversive activities, and
(ii) information and advice to its government, and through it, to the Council, on the nature of the threats to security and the means of protection against them;
(b) within each Member State, and within the GSC, a technical INFOSEC authority responsible for working with the security authority concerned to provide information and advice on technical threats to security and the means for protection against them;
(c) regular collaboration among government departments, agencies and the appropriate GSC services, in order to establish, and recommend, as appropriate:
(i) what information, resources and installations need to be protected, and
(ii) common standards of protection.
6. Where confidentiality is concerned, care and experience are needed in the selection of information and material to be protected and the assessment of the degree of protection it requires. It is fundamental that the degree of protection should correspond with the security criticality of the individual piece of information and material to be protected. In order to ensure the smooth flow of information, steps shall be taken in order to avoid over classification. The classification system is the instrument for giving effect to these principles; a similar system of classification should be followed in planning and organising ways to counter espionage, sabotage, terrorism and other threats so that the greatest measure of protection is given to the most important premises housing classified information and to the most sensitive points within them.
BASIC PRINCIPLES
7. The security measures shall:
(a) extend to all persons having access to classified information, classified information-carrying media, all premises containing such information and important installations;
(b) be designed to detect persons whose position might endanger the security of classified information and important installations housing classified information and provide for their exclusion or removal;
(c) prevent any unauthorised person from having access to classified information or to installations which contain it;
(d) ensure that classified information is disseminated solely on the basis of the need-to-know principle which is fundamental to all aspects of security;
(e) ensure the integrity (i.e. prevention of corruption or unauthorised alteration or unauthorised deletion) and the availability (i.e. access is not denied to those needing and authorised to have access) of all information, either classified or not classified, and especially of such information stored, processed or transmitted in electromagnetic form.
ORGANISATION OF SECURITY
Common minimum standards
8. The Council and each Member State shall ensure that common minimum standards of security are observed in all administrative and/or government departments, other EU institutions, agencies and contractors so that EU classified information can be passed in the confidence that it will be handled with equal care. Such minimum standards shall include criteria for the clearance of personnel, and procedures for the protection of EU classified information.
SECURITY OF PERSONNEL
Clearance of personnel
9. All persons who require access to information classified CONFIDENTIEL UE or above shall be appropriately cleared before such access is authorised. Similar clearance shall be required in the case of persons whose duties involve the technical operation or maintenance of communication and information systems containing classified information. This clearance shall be designed to determine whether such individuals:
(a) are of unquestioned loyalty;
(b) are of such character and discretion as to cast no doubt upon their integrity in the handling of classified information; or
(c) may be vulnerable to pressure from foreign or other sources, e.g. due to former residence or past associations which might constitute a risk to security.
Particularly close scrutiny in the clearance procedures shall be given to persons:
(d) to be granted access to TRÈS SECRET UE/EU TOP SECRET information;
(e) occupying positions involving regular access to a considerable volume of SECRET UE information;
(f) whose duties give them special access to mission-critical communication or information systems and thus the opportunity to gain unauthorised access to large amounts of EU classified information or to inflict serious damage upon the mission through acts of technical sabotage.
In the circumstances outlined in subparagraphs (d), (e) and (f), the fullest practicable use shall be made of the technique of background investigation.
10. When persons not having an established “need to know” are to be employed in circumstances in which they may have access to EU classified information (e.g. messengers, security agents, maintenance personnel and cleaners, etc.), they shall first be appropriately security-cleared.
Records of personnel clearances
11. All services, bodies or establishments handling EU classified information or housing mission-critical communication or information systems shall maintain a record of the clearances granted to the personnel assigned thereto. Each clearance shall be verified as the occasion demands to ensure that it is adequate for that person’s current assignment; it shall be re-examined as a matter of priority whenever new information is received indicating that continued assignment on classified work is no longer consistent with the interests of security. The record of clearances shall be held by the head of security for the service, body or establishment concerned.
Security instruction of personnel
12. All personnel employed in positions where they could have access to classified information shall be thoroughly instructed on taking up assignment and at regular intervals in the need for security and the procedures for accomplishing it. It is a useful procedure to require that all such personnel should certify in writing that they fully understand the security regulations relevant to their assignment.
Management responsibilities
13. Managers shall have the duty of knowing those of their staff who are engaged in classified work or who have access to mission-critical communication or information systems and of recording and reporting any incidents or apparent vulnerabilities, likely to have a bearing on security.

Pending: 31999D0466

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(1), as last amended by Directive 98/99/EC(2), and in particular Annex AII(7) thereof,(1) Whereas Member States or regions of Member States may be declared officially brucellosis-free if they meet certain conditions set up in Directive 64/432/EEC;(2) Whereas Commission Decision 97/175/EC(3) of 18 December 1996 laying down the methods of control for maintaining the officially brucellosis-free status of bovine herds in certain Member States and regions of Member States, specifies the Member States and regions within Member States that fulfil these criteria;(3) Whereas this Decision will not be adapted to the legal situation on 1 July 1999 since Directive 64/432/EEC was amended by Directive 98/46/EC(4); whereas moreover certain provisions for the recognition as officially brucellosis-free Member State or region have been modified by Directive 98/46/EC; whereas it is necessary to repeal Decision 97/175/EC;(4) Whereas in accordance with the provisions of Directive 64/432/EEC Member States or regions may be declared officially brucellosis-free if they meet the conditions of Annex AII(7) and they retain their status as long as the conditions of Annex AII(8) are fulfilled;(5) Whereas Member States and regions officially free of bovine brucellosis are to report the occurrence of all cases of brucellosis to the Commission, which may propose a decision to suspend or revoke the status in accordance with the provisions of Annex AII(9) of that Directive;(6) Whereas in accordance with Annex AII(7)(b) an identification system allowing the identification of herds of origin and transit for each bovine animal in accordance with Council Regulation (EC) No 820/97(5) is a prerequisite for granting the officially free status for bovine brucellosis;(7) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
The Member States and regions thereof referred to respectively in Annexes I and II are declared officially free of bovine brucellosis.

Article 2
The Decision shall be reviewed by 31 December 1999.

Article 3
Decision 97/175/EC is hereby repealed.

Article 4
This Decision shall apply from 1 July 1999.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 15 July 1999.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ 121, 29.7.1964, p. 1977/64.
(2) OJ L 358, 31.12.1998, p. 107.
(3) OJ L 73, 14.3.1997, p. 16.
(4) OJ L 198, 15.7.1998, p. 22.
(5) OJ L 117, 7.5.1997, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(1), as last amended by Directive 98/99/EC(2), and in particular Annex AII(7) thereof,(1) Whereas Member States or regions of Member States may be declared officially brucellosis-free if they meet certain conditions set up in Directive 64/432/EEC;(2) Whereas Commission Decision 97/175/EC(3) of 18 December 1996 laying down the methods of control for maintaining the officially brucellosis-free status of bovine herds in certain Member States and regions of Member States, specifies the Member States and regions within Member States that fulfil these criteria;(3) Whereas this Decision will not be adapted to the legal situation on 1 July 1999 since Directive 64/432/EEC was amended by Directive 98/46/EC(4); whereas moreover certain provisions for the recognition as officially brucellosis-free Member State or region have been modified by Directive 98/46/EC; whereas it is necessary to repeal Decision 97/175/EC;(4) Whereas in accordance with the provisions of Directive 64/432/EEC Member States or regions may be declared officially brucellosis-free if they meet the conditions of Annex AII(7) and they retain their status as long as the conditions of Annex AII(8) are fulfilled;(5) Whereas Member States and regions officially free of bovine brucellosis are to report the occurrence of all cases of brucellosis to the Commission, which may propose a decision to suspend or revoke the status in accordance with the provisions of Annex AII(9) of that Directive;(6) Whereas in accordance with Annex AII(7)(b) an identification system allowing the identification of herds of origin and transit for each bovine animal in accordance with Council Regulation (EC) No 820/97(5) is a prerequisite for granting the officially free status for bovine brucellosis;(7) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
The Member States and regions thereof referred to respectively in Annexes I and II are declared officially free of bovine brucellosis.
The Decision shall be reviewed by 31 December 1999.
Decision 97/175/EC is hereby repealed.
This Decision shall apply from 1 July 1999.
This Decision is addressed to the Member States.
Done at Brussels, 15 July 1999.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ 121, 29.7.1964, p. 1977/64.
(2) OJ L 358, 31.12.1998, p. 107.
(3) OJ L 73, 14.3.1997, p. 16.
(4) OJ L 198, 15.7.1998, p. 22.
(5) OJ L 117, 7.5.1997, p. 1.
MEMBER STATES DECLARED OFFICIALLY FREE OF BOVINE BRUCELLOSIS UNTIL 31 DECEMBER 1999
Netherlands(1)
(1) As from 1 August 1999.
REGIONS OF MEMBER STATES DECLARED OFFICIALLY FREE OF BOVINE BRUCELLOSIS UNTIL 31 DECEMBER 1999
Great Britain (United Kingdom)
Province Bolzano (Italy)

Pending: 31996D0333

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/492/EEC of 15 July 1991, laying down the health conditions for the production and the placing on the market of live bivalve molluscs (1), as last amended by the Act of Accession of Austria, Sweden and Finland, and in particular Article 9 thereof,Whereas the Commission has laid down the special conditions for the importation of live bivalve molluscs, echinoderms, tunicates and marine gastropods for certain third countries;Whereas for the importation of live bivalve molluscs, echinoderms, tunicates and marine gastropods from third countries not yet covered by this type of decision, it is advisable initially to establish a standardized model of a health certificate to avoid disruptions to trade;Whereas the adoption of a standard health certificate would have positive effects on operators and for the control services and would facilitate the free circulation of live bivalve molluscs, echinoderms, tunicates and marine gastropods within the Community;Whereas the model of health certificate established by this Decision is provisional and applicable for a period of two years during which individual decisions may be adopted; whereas the provisional certificate will therefore no longer apply to any third country for which an individual decision has been adopted;Whereas the veterinary checks on imported bivalve molluscs, echinoderms, tunicates and marine gastropods have to be carried out in accordance with Council Directive 90/675/EEC of 10 December 1990, laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (2), as last amended by Directive 95/52/EC (3); whereas those checks entail the presentation of a health certificate accompanying the imported products;Whereas the adoption of a standard model of health certificate should be without prejudice to any specific import conditions that may be adopted for a third country after on-the-spot assessment of the health situation by Commission experts;Whereas, in accordance with Article 8 of Directive 91/492/EEC, the health certificate should attest that the conditions of production, purification, storage, packaging and transport of live bivalve molluscs, echinoderms, tunicates and marine gastropods intended for the Community are at least equivalent to those laid down for the Community products;Whereas the measures provided for in this Decision should be without prejudice to measures adopted hereafter for the protection of animal health;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:

Article 1
Consignments of live bivalve molluscs, echinoderms, tunicates and marine gastropods brought into the territories defined in Annex I of Directive 90/675/EEC for direct human consumption shall have been harvested from approved production areas approved and inspected by the competent authority of the third country, shall come from an establishment inspected and approved by the competent authority of the third country, and shall be accompanied by …………the original of a numbered health certificate attesting that the health conditions of production, handling, where necessary purification, packaging and identification of the products are at least equivalent to those set out in Directive 91/492/EEC.
The model of that health certificate is laid down in Annex I to this Decision.

Article 2
Consignments of live bivalve molluscs, echinoderms, tunicates and marine gastropods introduced into the territories defined in Annex I of Directive 90/675/EEC for purification in an approved purification centre, or for re-laying in an approved re-laying zone, or processing in an approved processing establishment, shall have been harvested from approved production areas checked and approved by the competent authority of the third country, shall be accompanied by the original of a numbered health certificate attesting that the health conditions of production, harvesting and transportation of the batches are at least equivalent to those established by Directive 91/492/EEC.
The model of that health certificate is laid down in Annex II to this Decision.

Article 3
1. The health certificate referred to in Articles 1 and 2 shall consist of a single sheet of paper and shall be drawn up in at least one of the official languages of the country of entry into the Community, and, if necessary, in one of the languages of the country of destination.
2. The health certificates shall bear the name, designation and signature of the official inspector as well as the official seal of the competent authority, all of which shall be in a colour different from that of the other printing on the certificate.

Article 4
The health certificates provided for by this Decision shall not apply to live bivalve molluscs, echinoderms, tunicates and marine gastropods from a third country for which the individual conditions of importation are laid down elsewhere.

Article 5
This Decision shall apply from 1 July 1996 for two years.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 3 May 1996.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 1.
(2) OJ No L 373, 31. 12. 1990, p. 1.
(3) OJ No L 265, 8. 11. 1995, p. 16.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/492/EEC of 15 July 1991, laying down the health conditions for the production and the placing on the market of live bivalve molluscs (1), as last amended by the Act of Accession of Austria, Sweden and Finland, and in particular Article 9 thereof,Whereas the Commission has laid down the special conditions for the importation of live bivalve molluscs, echinoderms, tunicates and marine gastropods for certain third countries;Whereas for the importation of live bivalve molluscs, echinoderms, tunicates and marine gastropods from third countries not yet covered by this type of decision, it is advisable initially to establish a standardized model of a health certificate to avoid disruptions to trade;Whereas the adoption of a standard health certificate would have positive effects on operators and for the control services and would facilitate the free circulation of live bivalve molluscs, echinoderms, tunicates and marine gastropods within the Community;Whereas the model of health certificate established by this Decision is provisional and applicable for a period of two years during which individual decisions may be adopted; whereas the provisional certificate will therefore no longer apply to any third country for which an individual decision has been adopted;Whereas the veterinary checks on imported bivalve molluscs, echinoderms, tunicates and marine gastropods have to be carried out in accordance with Council Directive 90/675/EEC of 10 December 1990, laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (2), as last amended by Directive 95/52/EC (3); whereas those checks entail the presentation of a health certificate accompanying the imported products;Whereas the adoption of a standard model of health certificate should be without prejudice to any specific import conditions that may be adopted for a third country after on-the-spot assessment of the health situation by Commission experts;Whereas, in accordance with Article 8 of Directive 91/492/EEC, the health certificate should attest that the conditions of production, purification, storage, packaging and transport of live bivalve molluscs, echinoderms, tunicates and marine gastropods intended for the Community are at least equivalent to those laid down for the Community products;Whereas the measures provided for in this Decision should be without prejudice to measures adopted hereafter for the protection of animal health;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
Consignments of live bivalve molluscs, echinoderms, tunicates and marine gastropods brought into the territories defined in Annex I of Directive 90/675/EEC for direct human consumption shall have been harvested from approved production areas approved and inspected by the competent authority of the third country, shall come from an establishment inspected and approved by the competent authority of the third country, and shall be accompanied by …………the original of a numbered health certificate attesting that the health conditions of production, handling, where necessary purification, packaging and identification of the products are at least equivalent to those set out in Directive 91/492/EEC.
The model of that health certificate is laid down in Annex I to this Decision.
Consignments of live bivalve molluscs, echinoderms, tunicates and marine gastropods introduced into the territories defined in Annex I of Directive 90/675/EEC for purification in an approved purification centre, or for re-laying in an approved re-laying zone, or processing in an approved processing establishment, shall have been harvested from approved production areas checked and approved by the competent authority of the third country, shall be accompanied by the original of a numbered health certificate attesting that the health conditions of production, harvesting and transportation of the batches are at least equivalent to those established by Directive 91/492/EEC.
The model of that health certificate is laid down in Annex II to this Decision.
1. The health certificate referred to in Articles 1 and 2 shall consist of a single sheet of paper and shall be drawn up in at least one of the official languages of the country of entry into the Community, and, if necessary, in one of the languages of the country of destination.
2. The health certificates shall bear the name, designation and signature of the official inspector as well as the official seal of the competent authority, all of which shall be in a colour different from that of the other printing on the certificate.
The health certificates provided for by this Decision shall not apply to live bivalve molluscs, echinoderms, tunicates and marine gastropods from a third country for which the individual conditions of importation are laid down elsewhere.
This Decision shall apply from 1 July 1996 for two years.
This Decision is addressed to the Member States.
Done at Brussels, 3 May 1996.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 1.
(2) OJ No L 373, 31. 12. 1990, p. 1.
(3) OJ No L 265, 8. 11. 1995, p. 16.
>START OF GRAPHIC>
HEALTH CERTIFICATE (MODEL)
No …………….
pertaining to live:
– bivalve molluscs (1),
– echinoderms (1),
– tunicates (1),
– marine gastropods (1)
intended for direct human consumption in the European Community.
Dispatching country: ……………..
Competent authority (2): ………….
Inspection service (2): …………..
I. Identification of the products
Product wild/farmed (1):
– Species (scientific name): …………..
– Nature of packing: ………………….
– Number of packages: …………………
– Net weight: ………………………..
– Necessary storage and transport temperature:
– Reference number of the analysis report (if necessary):
II. Source of the products
– Approved production area: …………..
– Name and official number of the approved establishment: …………..
III. Destination of the products
Products are to be sent
from: ……………………
(place of dispatch)
to: ……………………..
(countries and place of destination)
by the following means of transport (3): …………..
Name and address of the consignor: ………………..
Name of consignee and address of the place of destination: ………….
(1) Delete where not applicable.
(2) Name and address.
(3) Registration number of lorries, railway wagons or container, flight number or name of the ship.
IV. Health certificate
I, the undersigned official inspector, certify that the live products described above:
1. were collected, if necessary re-laid over a period at least two months, and transported under conditions at least equivalent to those laid down in Chapters I, II and III of the Annex to Directive 91/492/EEC;
2. were handled, and if necessary purified in accordance with the hygiene rules laid down in Chapter IV of the Annex to Directive 91/492/EEC;
3. were inspected in accordance with the requirements laid down in Chapter VI of the Annex to Directive 91/492/EEC;
4. were packaged, stored and transported in accordance with the requirements laid down in Chapters VII, VIII and IX of the Annex to Directive 91/492/EEC;
5. bear a health mark in accordance with provisions laid down in Chapter X of the Annex to Directive 91/492/EEC;
6. were analyzed and are in conformity with the requirements laid down in Chapter V of the Annex to Directive 91/492/EEC and therefore are fit for direct human consumption.
I declare that I am aware of the provisions of Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs.
Done at:………….,(place) on …………….(date)
…………………………………..
(signature of the official Inspector) (1)
Official seal (1)
………………………………………………….
(name, title and designation of the signatory in capitals)
>START OF GRAPHIC>
HEALTH CERTIFICATE (MODEL)
No ……………………..
pertaining tos:- bivalve molluscs (1),
– echinoderms (1),
– tunicates (1),
– marine gastropods (1),
live intended for:- purification (1),
– re-laying (1),
– processing (1)
in the European Community.
Dispatching country:……………..
Competent authority (2):………….
Inspection service (2):…………..
I. Identification of the products
Product wild/farmed (1):
– Species (scientific name):……
– Nature of packing:…………..
– Number of packages:………….
– Net weight:…………………
– Date of harvesting:………….
II. Source of the products
– Approved production area:…….
– Class of the area: A – B – C (1) according to Chapter I of the Annex to Directive 91/492/EEC
III. Destination of the products
Products are to be sent
from: ………….
(place of dispatch)
to: …………………………..
(countries and place of destination)
by the following means of transport (3):………….
Name and address of the consignor:……………….
Name, address and approval number of the consignee:
– purification centre (1)………….
– relaying area (1)……………….
– processing establishment (1)……..
(1) Delete where not applicable.
(2) Name and address.
(3) Registration number of lorries, railway wagons or container, flight number or name of the ship.
IV. Health certificate
I, the undersigned official inspector, certify that the live products described above:
1. come from a production area approved in accordance with the requirements laid down in Chapter I of the Annex to Directive 91/492/EEC;
2. were collected, handled, and transported under conditions at least equivalent to those laid down in Chapter II of the Annex to Directive 91/492/EEC;
3. were inspected in accordance with the requirements laid down in Chapter VI of the Annex to Directive 91/492/EEC and fulfil the requirements of Chapter V of this Annex except the microbiological standards;
4. are not fit for direct human consumption.
I declare that I am aware of the provisions of Council Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs.
Done at: …………., (place) on: ………….(date)
…………………………………
(signature of the official Inspector) (1)
Official seal (1)

Pending: 31995D0408

THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas products of animal origin, fishery products and live bivalve molluscs are included in the list of products set out in Annex II to the Treaty; whereas health rules applying to production and marketing have been laid down at Community level; Whereas Community arrangement have been defined in respect of imports from third countries; whereas these arrangements require the drawing up of lists of third country establishments from which imports of certain products are permitted in accordance with Article 14.B (2) (a) of Council Directive 71/118/EEC of 15 February 1971 on health problems affecting the production and placing on the market of fresh poultrymeat (3), Article 4 (1) of Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (4), Article 9 (3) (c) of Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs (5), Article 11 (4) (c) of Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and placing on the market of fishery products (6), Article 16 (3) (a) of Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat (7), Article 23 (3) (a) of Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (8) and Article 10 (3) (b) of Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC, and, as regards pathogens, to Directive 90/425/EEC (1); Whereas, in order to allow the time necessary to carry out Community inspections in third countries to verify that their establishments comply with Community provisions and to avoid a disruption in trade from third countries, a simplified approval system should be applied for an interim period; Whereas during the interim period the guarantee of conformity with Community provisions for the protection of public and animal health should be undertaken by the competent authority of the third country concerned; whereas establishments may only be entered on the lists where the third country concerned has provided the necessary assurances on compliance with Community rules; Whereas, it is appropriate to make provisions for a procedure establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee; Whereas provision should be made for the possibility for the Council to extend the current provisional measures in order to avoid any interruption in traditional flows of trade, HAS ADOPTED THIS DECISION: Article 11. This Decision shall apply to the drawing up of provisional lists of third country establishments from which Member States are authorized to import the products defined in Article 2 (2) (a) of Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (2). These lists of establishments shall be valid pending the drawing up of definitive lists of establishments in accordance with the provisions of the various directives governing the health rules applicable to each of the products concerned. 2. However, Article 2 of this Decision shall not apply to the drawing up of lists of third country establishments from which Member States are authorized to import fresh meat as defined in

Article 1
1. This Decision shall apply to the drawing up of provisional lists of third country establishments from which Member States are authorized to import the products defined in Article 2 (2) (a) of Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (2). These lists of establishments shall be valid pending the drawing up of definitive lists of establishments in accordance with the provisions of the various directives governing the health rules applicable to each of the products concerned.
2. However, Article 2 of this Decision shall not apply to the drawing up of lists of third country establishments from which Member States are authorized to import fresh meat as defined in Article 1, third paragraph of Directive 72/462/EEC.

Article 2
1. The Commission may, in accordance with the procedure provided for in Article 4, draw up provisional lists of third country establishments from which imports are authorized for each of the products covered by Article 1 where the following conditions are met:
(a) the establishments must be situated in a third country or part of a third country appearing on the list of third countries from which imports of the products concerned are authorized;
(b) the establishment must be situated in a third country or part of a third country for which the relevant import conditions and certification requirements for the products concerned have been established in accordance with the provisions of the specific directives;
(c) the competent authority of the third country concerned has provided the Commission with satisfactory guarantees that the establishments appearing on the list or lists meet the relevant Community health requirements and has officially approved the establishment appearing on the lists for exportation to the Community;
(d) the competent authority of the third country must have a real power to suspend the activities for exportation to the Community of an establishment for which that authority has provided guarantees, in the event of non-compliance with the said guarantees;
(e) a Community or Member State inspection mission has checked the structure and organization of the competent authority responsible for the approval of the establishment as well as the powers available to that competent authority and the guarantees that it can provide in regard to the implementation of Community rules. These checks must include on the spot inspection of a certain number of establishments appearing on the list or lists provided by the third country.
2. For fishery products as defined in Article 2 (1) of Directive 91/493/ECC, the Commission shall, in accordance with the procedure provided for in Article 4, draw up a list of third countries or parts of third countries from which the import of fishery products is authorized where the competent authority of the third country has provided the Commission with guarantees at least equivalent to those provided for by Directive 91/493/EEC.
3. The Commission may, in accordance with the procedure laid down in Article 5, modify or complete the lists provided for in paragraphs 1 and 2 to take account of new information received.
4. Where the conditions set out in paragraph 1 (e) have not been fulfilled, the Commission may, provided that all the other conditions are met, draw up provisional lists of establishments from which imports are authorized in accordance with the procedure laid down in Article 4. However, imports from establishments on such lists will not be eligible for reduced physical checks provided for under Article 8 (3) of Directive 90/675/EEC pending the results of the information furnished under Article 8 (3) of that Directive on imports from those establishments of that third country.

Article 3
1. The procedure laid down in Article 5 may also be used:
(i) to amend the lists of approved establishments drawn up in accordance with Article 4 of Directive 72/462/EEC in accordance with information provided by the third country concerned;
(ii) to amend the lists of establishments and/or lists of factory vessels drawn up in accordance with Article 11 (5) of Directive 91/493/ECC in accordance with information provided by the third country concerned;
(iii) to amend the lists of establishments drawn up in accordance with Article 9 (3) (c) and the lists of the production areas demarcated in accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC in accordance with information provided by the third country concerned;
(iv) to amend the lists of establishments drawn up in accordance with Article 10 (3) (b) of Directive 92/118/EEC.
2. Where it seems necessary, the Commission shall carry out an on-the-spot inspection prior to amending a list.

Article 4
1. Where the procedure laid down in this Article is to be followed, matters shall, without delay, be referred to the Standing Veterinary Committee set up by Decision 68/361/EEC (1) hereafter referred to as the ‘Committee’, by its chairman, either on his own initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on such measures within a time limit which the chairman shall lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, within three months from the date of referral to the Council, the Council has not acted, the Commission shall adopt the proposed measures save where the Council has rejected the said measures by a simple majority.

Article 5
1. The Commission shall inform the Member States of the modifications proposed by the third country concerned to the lists of establishments within five working days of the receipt of the proposed modifications.
2. The Member States shall have seven working days, from receipt of the modifications to the lists of establishments referred to in paragraph 1, to send any written comments to the Commission.
3. (i) Where written comments are made by at least one Member State, the Commission shall inform the Member States within five working days and include the point on the next meeting of the Standing Veterinary Committee for decision in accordance with the procedure laid down in Article 4.
(ii) Where no comments are received from the Member States within the time limit laid down in paragraph 2, the modifications to the list shall be considered to have been accepted by the Member States. The Commission shall inform the Member States within five working days, and imports shall be authorized from such establishments five working days after receipt of this information by the Member States.
4. The Commission shall regularly, and at intervals of not less than six months, adopt the decisions necessary to update the lists of establishments, and shall publish them in the Official Journal of the European Communities.

Article 6
Decision 94/941/EEC is hereby repealed.

Article 7
Acting in accordance with the procedure provided for in Article 4, the Commission may adopt the transitional measures necessary to facilitate the creation and orderly application of provisional establishment lists in accordance with this Decision.

Article 8
For the purpose of this Decision, Article 19 of Directive 90/675/EEC relating to safeguard measures shall apply. In case of repeated breaches, the Commission will withdraw the establishment in question from the provisional list.

Article 9
This Decision shall apply until 31 December 1996, unless the Council acting by a qualified majority on a proposal from the Commission decides to extend its validity.

Article 10
This Decision is addressed to the Member States.
Done at Brussels, 22 June 1995.
For the Council
The President
Ph. VASSEUR
(1) OJ No C 208, 28. 7. 1994, p. 9.
(2) OJ No C 276, 3. 10. 1994, p. 13.
(3) OJ No L 55, 8. 3. 1971, p. 23. Directive as last amended by Directive 92/116/EEC (OJ No L 62, 15. 3. 1993, p. 1).
(4) OJ No L 302, 31. 12. 1972, p. 28. Directive as last amended by Regulation (EEC) No 1601/92 (OJ No L 173, 27. 6. 1992, p. 13).
(5) OJ No L 268, 24. 9. 1991, p. 1. Directive as last amended by the EEA Agreement.
(6) OJ No L 268, 24. 9. 1991, p. 15. Directive as last amended by the EEA Agreement.
(7) OJ No L 268, 14. 9. 1992, p. 35. Directive as last amended by Directive 92/116/EEC (OJ No L 62, 15. 3. 1993, p. 1).
(8) OJ No L 268, 14. 9. 1992, p. 1. Directive as last amended by Commission Decision 94/330/EC (OJ No L 146, 11. 6. 1994, p. 23).
(1) OJ No L 62, 15. 3. 1993, p. 49. Directive as last amended by Commission Decision 94/723/EC (OJ No L 288, 9. 11. 1994, p. 48).
(2) OJ No L 373, 31. 12. 1990, p. 1. Directive as last amended by Regulation (EEC) No 1601/92 (OJ No L 173, 27. 6. 1992, p. 13).
(1) OJ No L 255, 18. 10. 1968, p. 23.

THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas products of animal origin, fishery products and live bivalve molluscs are included in the list of products set out in Annex II to the Treaty; whereas health rules applying to production and marketing have been laid down at Community level; Whereas Community arrangement have been defined in respect of imports from third countries; whereas these arrangements require the drawing up of lists of third country establishments from which imports of certain products are permitted in accordance with Article 14.B (2) (a) of Council Directive 71/118/EEC of 15 February 1971 on health problems affecting the production and placing on the market of fresh poultrymeat (3), Article 4 (1) of Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (4), Article 9 (3) (c) of Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs (5), Article 11 (4) (c) of Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and placing on the market of fishery products (6), Article 16 (3) (a) of Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat (7), Article 23 (3) (a) of Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (8) and Article 10 (3) (b) of Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC, and, as regards pathogens, to Directive 90/425/EEC (1); Whereas, in order to allow the time necessary to carry out Community inspections in third countries to verify that their establishments comply with Community provisions and to avoid a disruption in trade from third countries, a simplified approval system should be applied for an interim period; Whereas during the interim period the guarantee of conformity with Community provisions for the protection of public and animal health should be undertaken by the competent authority of the third country concerned; whereas establishments may only be entered on the lists where the third country concerned has provided the necessary assurances on compliance with Community rules; Whereas, it is appropriate to make provisions for a procedure establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee; Whereas provision should be made for the possibility for the Council to extend the current provisional measures in order to avoid any interruption in traditional flows of trade, HAS ADOPTED THIS DECISION: Article 11. This Decision shall apply to the drawing up of provisional lists of third country establishments from which Member States are authorized to import the products defined in Article 2 (2) (a) of Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (2). These lists of establishments shall be valid pending the drawing up of definitive lists of establishments in accordance with the provisions of the various directives governing the health rules applicable to each of the products concerned. 2. However, Article 2 of this Decision shall not apply to the drawing up of lists of third country establishments from which Member States are authorized to import fresh meat as defined in
1. This Decision shall apply to the drawing up of provisional lists of third country establishments from which Member States are authorized to import the products defined in Article 2 (2) (a) of Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (2). These lists of establishments shall be valid pending the drawing up of definitive lists of establishments in accordance with the provisions of the various directives governing the health rules applicable to each of the products concerned.
2. However, Article 2 of this Decision shall not apply to the drawing up of lists of third country establishments from which Member States are authorized to import fresh meat as defined in Article 1, third paragraph of Directive 72/462/EEC.
1. The Commission may, in accordance with the procedure provided for in Article 4, draw up provisional lists of third country establishments from which imports are authorized for each of the products covered by Article 1 where the following conditions are met:
(a) the establishments must be situated in a third country or part of a third country appearing on the list of third countries from which imports of the products concerned are authorized;
(b) the establishment must be situated in a third country or part of a third country for which the relevant import conditions and certification requirements for the products concerned have been established in accordance with the provisions of the specific directives;
(c) the competent authority of the third country concerned has provided the Commission with satisfactory guarantees that the establishments appearing on the list or lists meet the relevant Community health requirements and has officially approved the establishment appearing on the lists for exportation to the Community;
(d) the competent authority of the third country must have a real power to suspend the activities for exportation to the Community of an establishment for which that authority has provided guarantees, in the event of non-compliance with the said guarantees;
(e) a Community or Member State inspection mission has checked the structure and organization of the competent authority responsible for the approval of the establishment as well as the powers available to that competent authority and the guarantees that it can provide in regard to the implementation of Community rules. These checks must include on the spot inspection of a certain number of establishments appearing on the list or lists provided by the third country.
2. For fishery products as defined in Article 2 (1) of Directive 91/493/ECC, the Commission shall, in accordance with the procedure provided for in Article 4, draw up a list of third countries or parts of third countries from which the import of fishery products is authorized where the competent authority of the third country has provided the Commission with guarantees at least equivalent to those provided for by Directive 91/493/EEC.
3. The Commission may, in accordance with the procedure laid down in Article 5, modify or complete the lists provided for in paragraphs 1 and 2 to take account of new information received.
4. Where the conditions set out in paragraph 1 (e) have not been fulfilled, the Commission may, provided that all the other conditions are met, draw up provisional lists of establishments from which imports are authorized in accordance with the procedure laid down in Article 4. However, imports from establishments on such lists will not be eligible for reduced physical checks provided for under Article 8 (3) of Directive 90/675/EEC pending the results of the information furnished under Article 8 (3) of that Directive on imports from those establishments of that third country.
1. The procedure laid down in Article 5 may also be used:
(i) to amend the lists of approved establishments drawn up in accordance with Article 4 of Directive 72/462/EEC in accordance with information provided by the third country concerned;
(ii) to amend the lists of establishments and/or lists of factory vessels drawn up in accordance with Article 11 (5) of Directive 91/493/ECC in accordance with information provided by the third country concerned;
(iii) to amend the lists of establishments drawn up in accordance with Article 9 (3) (c) and the lists of the production areas demarcated in accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC in accordance with information provided by the third country concerned;
(iv) to amend the lists of establishments drawn up in accordance with Article 10 (3) (b) of Directive 92/118/EEC.
2. Where it seems necessary, the Commission shall carry out an on-the-spot inspection prior to amending a list.
1. Where the procedure laid down in this Article is to be followed, matters shall, without delay, be referred to the Standing Veterinary Committee set up by Decision 68/361/EEC (1) hereafter referred to as the ‘Committee’, by its chairman, either on his own initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on such measures within a time limit which the chairman shall lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, within three months from the date of referral to the Council, the Council has not acted, the Commission shall adopt the proposed measures save where the Council has rejected the said measures by a simple majority.
1. The Commission shall inform the Member States of the modifications proposed by the third country concerned to the lists of establishments within five working days of the receipt of the proposed modifications.
2. The Member States shall have seven working days, from receipt of the modifications to the lists of establishments referred to in paragraph 1, to send any written comments to the Commission.
3. (i) Where written comments are made by at least one Member State, the Commission shall inform the Member States within five working days and include the point on the next meeting of the Standing Veterinary Committee for decision in accordance with the procedure laid down in Article 4.
(ii) Where no comments are received from the Member States within the time limit laid down in paragraph 2, the modifications to the list shall be considered to have been accepted by the Member States. The Commission shall inform the Member States within five working days, and imports shall be authorized from such establishments five working days after receipt of this information by the Member States.
4. The Commission shall regularly, and at intervals of not less than six months, adopt the decisions necessary to update the lists of establishments, and shall publish them in the Official Journal of the European Communities.
Decision 94/941/EEC is hereby repealed.
Acting in accordance with the procedure provided for in Article 4, the Commission may adopt the transitional measures necessary to facilitate the creation and orderly application of provisional establishment lists in accordance with this Decision.
For the purpose of this Decision, Article 19 of Directive 90/675/EEC relating to safeguard measures shall apply. In case of repeated breaches, the Commission will withdraw the establishment in question from the provisional list.
This Decision shall apply until 31 December 1996, unless the Council acting by a qualified majority on a proposal from the Commission decides to extend its validity.
This Decision is addressed to the Member States.
Done at Brussels, 22 June 1995.
For the Council
The President
Ph. VASSEUR
(1) OJ No C 208, 28. 7. 1994, p. 9.
(2) OJ No C 276, 3. 10. 1994, p. 13.
(3) OJ No L 55, 8. 3. 1971, p. 23. Directive as last amended by Directive 92/116/EEC (OJ No L 62, 15. 3. 1993, p. 1).
(4) OJ No L 302, 31. 12. 1972, p. 28. Directive as last amended by Regulation (EEC) No 1601/92 (OJ No L 173, 27. 6. 1992, p. 13).
(5) OJ No L 268, 24. 9. 1991, p. 1. Directive as last amended by the EEA Agreement.
(6) OJ No L 268, 24. 9. 1991, p. 15. Directive as last amended by the EEA Agreement.
(7) OJ No L 268, 14. 9. 1992, p. 35. Directive as last amended by Directive 92/116/EEC (OJ No L 62, 15. 3. 1993, p. 1).
(8) OJ No L 268, 14. 9. 1992, p. 1. Directive as last amended by Commission Decision 94/330/EC (OJ No L 146, 11. 6. 1994, p. 23).
(1) OJ No L 62, 15. 3. 1993, p. 49. Directive as last amended by Commission Decision 94/723/EC (OJ No L 288, 9. 11. 1994, p. 48).
(2) OJ No L 373, 31. 12. 1990, p. 1. Directive as last amended by Regulation (EEC) No 1601/92 (OJ No L 173, 27. 6. 1992, p. 13).
(1) OJ No L 255, 18. 10. 1968, p. 23.

Pending: 31995D0125

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 5 thereof, Whereas Member States may obtain for one or more continental or coastal zones the status of approved zone free of certain diseases of fish or molluscs; Whereas to this end France has, by letter dated 16 September 1994, submitted to the Commission evidence in support of the granting for infectious hematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) the status of approved zone for certain catchment areas located in Brittany and also the national provisions ensuring compliance with the rules on maintenance of approval; Whereas scrutiny of this information allows the status of approved continental or coastal zone to be granted in respect of IHN and VHS for these catchment areas and their coasts; Whereas the provisions of this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:

Article 1
1. The catchment areas listed in the Annex hereto are recognized as approved continental zones in respect of IHN and VHS.
2. The coastal areas belonging to the catchment areas indicated in paragraph 1 and listed in the Annex are recognized as approved coastal zones in respect of IHN and VHS.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 4 April 1995.
For the Commission Franz FISCHLER Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 5 thereof, Whereas Member States may obtain for one or more continental or coastal zones the status of approved zone free of certain diseases of fish or molluscs; Whereas to this end France has, by letter dated 16 September 1994, submitted to the Commission evidence in support of the granting for infectious hematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) the status of approved zone for certain catchment areas located in Brittany and also the national provisions ensuring compliance with the rules on maintenance of approval; Whereas scrutiny of this information allows the status of approved continental or coastal zone to be granted in respect of IHN and VHS for these catchment areas and their coasts; Whereas the provisions of this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:
1. The catchment areas listed in the Annex hereto are recognized as approved continental zones in respect of IHN and VHS.
2. The coastal areas belonging to the catchment areas indicated in paragraph 1 and listed in the Annex are recognized as approved coastal zones in respect of IHN and VHS.
This Decision is addressed to the Member States.
Done at Brussels, 4 April 1995.
For the Commission Franz FISCHLER Member of the Commission
CATCHMENT AREAS
All the water catchment areas in the region of Brittany with the exception of the following water catchment areas:
– Vilaine,
– Ster-Goz,
– the downstream part of the catchment area of the Elorn.
COASTAL AREAS
The entire coast of Brittany with the exception of the following parts:
– Rade de Brest,
– Anse de Camaret,
– the coastal zone between the ‘pointe de Trévignon` and the mouth of the river Laïta,
– the coastal zone between the mouth of the river Tohon up to the border of the department.

Pending: 31994D0777

Having regard to the Treaty establishing the European Community, Having regard to Council directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs (1), and in particular Article 9 thereof, Whereas a group of Commission experts has conducted an inspection visit to Turkey to verify the conditions under which live bivalve molluscs, echinoderms, tunicates and marine gastropods are produced and placed on the market; Whereas Turkish legislation makes the Ministry of Agriculture and Rural Affairs responsible for inspecting the health of live bivalve molluscs, echinoderms, tunicates and marine gastropods and monitoring the hygiene and sanitary conditions of production; whereas the same legislation empowers the Ministry of Agriculture and Rural Affairs to authorize or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones; Whereas the Ministry of Agriculture and Rural Affairs and its laboratories are capable of effectively verifying the application of the laws in force in Turkey; Whereas the competent Turkish authorities have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvesting areas; Whereas the competent Turkish authorities have provided official assurances regarding compliance with the requirements specified in Chapter V of the Annex to Directive 91/492/EEC and with requirements equivalent to those prescribed in that Directive for the classification of producting and relaying zones, approval of dispatch centres and public health control and production monitoring; whereas in particular any possible change in harvesting zones will be communicated to the Community; Whereas Turkey is eligible for inclusion in the list of third countries fulfilling the conditions of equivalence referred to in Article 9 (3) (a) of Directive 91/492/EEC; Whereas the procedure for obtaining a health certificate referred to in Article 9 (3) (b) (i) of Directive 91/492/EEC must include the definition of a model certificate, the language(s) in which it must be drawn up, the qualifications of the signatory and the health mark to be affixed to packaging; Whereas, accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC, the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested and exported to the Community must be designated; Whereas, in accordance with Article 9 (3) (c) of Directive 91/492/EEC, a list of the establishments from which the import of bivalve molluscs, echinoderms, tunicates and marine gastropods is authorized should be established; whereas such establishments may appear on the list only if they are officially approved by the competent Turkish authorities; whereas it is the duty of the competent Turkish authorities to ensure that the provisions laid down to this end in Article 9 (3) (c) of Directive 91/492/EEC are complied with; Whereas the special import conditions apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (2); Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:

Article 1
The General Directorate of Protection and Control, of the Ministry of Agriculture and Rural Affairs shall be the competent authority in Turkey for verifying and certifying that live bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/492/EEC.

Article 2
Live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Turkey and intended for human consumption must meet the following conditions:
1. each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto;
2. consignments must originate in the authorized production areas listed in Annex B hereto;
3. they must be packed in sealed packages by approved dispatch centre included in the list in Annex C hereto;
4. each package must bear an indelible health mark containing at least the following information:
– country of dispatch: TURKEY,
– the species (common and scientific namens),
– the identification of the production area and the dispatch centre by their approval number,
– the date of packing, comprising at least the day and month.

Article 3
1. Certificates as referred to in Article 2 (1) must be drawn up in at least one official language of the Member State in which the check is carried out.
2. Certificates must bear the name, capacity and signature of the veterinarian of the Ministry of Agriculture and Rural Affairs and its official seal, in a coulour different from that of other endorsements.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 30 November 1994.
For the Commission
René STEICHEN
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 1.
(2) OJ No L 46, 19. 2. 1991, p. 1.

Having regard to the Treaty establishing the European Community, Having regard to Council directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs (1), and in particular Article 9 thereof, Whereas a group of Commission experts has conducted an inspection visit to Turkey to verify the conditions under which live bivalve molluscs, echinoderms, tunicates and marine gastropods are produced and placed on the market; Whereas Turkish legislation makes the Ministry of Agriculture and Rural Affairs responsible for inspecting the health of live bivalve molluscs, echinoderms, tunicates and marine gastropods and monitoring the hygiene and sanitary conditions of production; whereas the same legislation empowers the Ministry of Agriculture and Rural Affairs to authorize or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones; Whereas the Ministry of Agriculture and Rural Affairs and its laboratories are capable of effectively verifying the application of the laws in force in Turkey; Whereas the competent Turkish authorities have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvesting areas; Whereas the competent Turkish authorities have provided official assurances regarding compliance with the requirements specified in Chapter V of the Annex to Directive 91/492/EEC and with requirements equivalent to those prescribed in that Directive for the classification of producting and relaying zones, approval of dispatch centres and public health control and production monitoring; whereas in particular any possible change in harvesting zones will be communicated to the Community; Whereas Turkey is eligible for inclusion in the list of third countries fulfilling the conditions of equivalence referred to in Article 9 (3) (a) of Directive 91/492/EEC; Whereas the procedure for obtaining a health certificate referred to in Article 9 (3) (b) (i) of Directive 91/492/EEC must include the definition of a model certificate, the language(s) in which it must be drawn up, the qualifications of the signatory and the health mark to be affixed to packaging; Whereas, accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC, the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested and exported to the Community must be designated; Whereas, in accordance with Article 9 (3) (c) of Directive 91/492/EEC, a list of the establishments from which the import of bivalve molluscs, echinoderms, tunicates and marine gastropods is authorized should be established; whereas such establishments may appear on the list only if they are officially approved by the competent Turkish authorities; whereas it is the duty of the competent Turkish authorities to ensure that the provisions laid down to this end in Article 9 (3) (c) of Directive 91/492/EEC are complied with; Whereas the special import conditions apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (2); Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:
The General Directorate of Protection and Control, of the Ministry of Agriculture and Rural Affairs shall be the competent authority in Turkey for verifying and certifying that live bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/492/EEC.
Live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Turkey and intended for human consumption must meet the following conditions:
1. each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto;
2. consignments must originate in the authorized production areas listed in Annex B hereto;
3. they must be packed in sealed packages by approved dispatch centre included in the list in Annex C hereto;
4. each package must bear an indelible health mark containing at least the following information:
– country of dispatch: TURKEY,
– the species (common and scientific namens),
– the identification of the production area and the dispatch centre by their approval number,
– the date of packing, comprising at least the day and month.
1. Certificates as referred to in Article 2 (1) must be drawn up in at least one official language of the Member State in which the check is carried out.
2. Certificates must bear the name, capacity and signature of the veterinarian of the Ministry of Agriculture and Rural Affairs and its official seal, in a coulour different from that of other endorsements.
This Decision is addressed to the Member States.
Done at Brussels, 30 November 1994.
For the Commission
René STEICHEN
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 1.
(2) OJ No L 46, 19. 2. 1991, p. 1.
HEALTH CERTIFICATE covering live
– bivalve molluscs (1)
– echinoderms (1)
– tunicates (1)
– marine gastropods (1)
originating in Turkey and intended for human consumption in the European Community
Reference No:
Country of dispatch: Turkey
Competent authority: Ministry of Agriculture and Rural Affairs, General Directorate of Protection and Control
I. Details identifying the products
– Species (scientific name):
– Code No (where available):
– Type of packaging:
– Number of packages:
– Net weight:
– Analysis report number (where available):
II. Origin of products
– Authorized production area:
– Name and official approval number of dispatch centre:
III. Destination of products
The products are dispatched
(place of dispatch)
(country and place of destination)
by the following means of transport:
Name and address of consignor:
Name of consignee and address at place of destination:
IV. Health attestation
The official veterinary inspector hereby certifies that the live products specified above:
1) were harvested, where necessary relayed, and transported in accordance with the health rules laid down in Chapters I, II and III of the Annex to Directive 91/492/EEC;
2) were handled, where necessary purified, and packaged in accordance with the health rules laid down in Chapter IV of the Annex to Directive 91/492/EEC;
3) have undergone controls in accordance with Chapter V of the Annex to Directive 91/492/EEC;
4) are in compliance with Cahpters V, VII, VIII, IX and X of the Annex to Directive 91/492/EEC and therefore fit for immediate human consumption.
Official stamp
signature of official inspector
(name in capitals, capacity and qualifications of person signing)
(1) Delete where inapplicable.
PRODUCTION AREAS FULFILLING THE REQUIREMENTS LAID DOWN IN CHAPTER I (1) (a) OF THE ANNEX TO DIRECTIVE 91/492/EEC “” ID=”1″>Karaburun> ID=”2″>I”> ID=”1″>Bosphorus> ID=”2″>II”> ID=”1″>Northern Marmara Sea> ID=”2″>III”> ID=”1″>Dardanelles> ID=”2″>IV”> ID=”1″>Saroz> ID=”2″>V”> ID=”1″>Ayvalik> ID=”2″>VI”>
LIST OF ESTABLISHMENTS APPROVED FOR EXPORT TO THE EUROPEAN COMMUNITY “” ID=”1″>Marsan – Eceabat> ID=”2″>110 – 31. 12. 1995″> ID=”1″>Dardanel Onentas – Çanakkale> ID=”2″>181 – 31. 12. 1995″> ID=”1″>Yavuz Mildon – Gelibolu> ID=”2″>183 – 31. 12. 1995″> ID=”1″>Real – Ayvalik> ID=”2″>203 – 31. 12. 1995″> ID=”1″>Artur I – Ayvalik> ID=”2″>205 – 31. 12. 1995″> ID=”1″>Tuna – Istanbul> ID=”2″>206 – 31. 12. 1995″> ID=”1″>Kerevitas Mersu Ancoker – Bursa> ID=”2″>301 – 31. 12. 1995″>