Pending: 31999D0427

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 880/92 of 23 March 1992 on a Community eco-label award scheme(1), and in particular the second subparagraph of Article 5(1) thereof,(1) Whereas the first subparagraph of Article 5(1) of Regulation (EEC) No 880/92 provides that the conditions for the award of the Community eco-label shall be defined by product group;(2) Whereas Article 10(2) of Regulation (EEC) No 880/92 states that environmental performance of a product shall be assessed by reference to the specific criteria for product groups;(3) Whereas Article 4(2)(a) of Regulation (EEC) No 880/92 states that an eco-label shall not be awarded to products which are substances or preparations classified as dangerous in accordance with Council Directive 67/548/EEC(2) as last ameded by Commission Directive 98/73/EC(3) and Council Directive 88/379/EEC(4), as last amended by Commission Directive 96/65/EC(5), but it may be awarded to products containing such substances or preparations in so far as they meet the objectives of the Community eco-label award scheme;(4) Whereas detergents for dishwashers contain substances or preparations classified as dangerous in accordance with the abovementioned Directives;(5) Whereas the ecological criteria established by this Decision include, in particular, hurdles and scores limiting to a minimum the content of substances and preparations classified as dangerous in the detergents which may be awarded an eco-label;(6) Whereas detergents complying with these criteria have therefore a reduced environmental impact and meet the objectives of the Community eco-label award scheme;(7) Whereas in accordance with Article 6 of Regulation (EEC) No 880/92 the Commission has consulted the principal interest groups within a consultation forum;(8) Whereas the committee set up by Article 7(1) of Regulation (EEC) No 880/92 has not delivered an opinion on the measures laid down in a draft Commission Decision;(9) Whereas the Commission has therefore proposed these measures to the Council on 27 January 1999 in accordance with Article 7(4) of Regulation (EEC) No 880/92;(10) Whereas the Council has not acted within three months from the date of referral to it;(11) Whereas in accordance with Article 7(5) of Regulation (EEC) No 880/92 the measures should now be adopted by the Commission,HAS ADOPTED THIS DECISION:Article 1The product group “detergents for dishwashers” means all detergents which are intended to be used exclusively in automatic domestic dishwashers.Article 2The environmental performance and the fitness for use of the product group, as defined in

Article 1
The product group “detergents for dishwashers” means all detergents which are intended to be used exclusively in automatic domestic dishwashers.

Article 2
The environmental performance and the fitness for use of the product group, as defined in Article 1, shall be assessed by reference to the specific ecological and performance criteria set out in the Annex and Appendix IA, IB, II, III and IV.

Article 3
The definition of the product group and the specific ecological criteria for the product group shall be valid for a period of three years from the first day of the month following the adoption of the criteria.

Article 4
For administrative purposes the product group code number assigned to this product group shall be “15”.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 28 May 1999.
For the Commission
Ritt BJERREGAARD
Member of the Commission
(1) OJ L 99, 11.4.1992, p. 1.
(2) OJ 196, 16.8.1967, p.1.
(3) OJ L 305, 16.11.1998, p. 1.
(4) OJ L 187, 16.7.1988, p. 14.
(5) OJ L 265, 18.10.1996, p. 15.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 880/92 of 23 March 1992 on a Community eco-label award scheme(1), and in particular the second subparagraph of Article 5(1) thereof,(1) Whereas the first subparagraph of Article 5(1) of Regulation (EEC) No 880/92 provides that the conditions for the award of the Community eco-label shall be defined by product group;(2) Whereas Article 10(2) of Regulation (EEC) No 880/92 states that environmental performance of a product shall be assessed by reference to the specific criteria for product groups;(3) Whereas Article 4(2)(a) of Regulation (EEC) No 880/92 states that an eco-label shall not be awarded to products which are substances or preparations classified as dangerous in accordance with Council Directive 67/548/EEC(2) as last ameded by Commission Directive 98/73/EC(3) and Council Directive 88/379/EEC(4), as last amended by Commission Directive 96/65/EC(5), but it may be awarded to products containing such substances or preparations in so far as they meet the objectives of the Community eco-label award scheme;(4) Whereas detergents for dishwashers contain substances or preparations classified as dangerous in accordance with the abovementioned Directives;(5) Whereas the ecological criteria established by this Decision include, in particular, hurdles and scores limiting to a minimum the content of substances and preparations classified as dangerous in the detergents which may be awarded an eco-label;(6) Whereas detergents complying with these criteria have therefore a reduced environmental impact and meet the objectives of the Community eco-label award scheme;(7) Whereas in accordance with Article 6 of Regulation (EEC) No 880/92 the Commission has consulted the principal interest groups within a consultation forum;(8) Whereas the committee set up by Article 7(1) of Regulation (EEC) No 880/92 has not delivered an opinion on the measures laid down in a draft Commission Decision;(9) Whereas the Commission has therefore proposed these measures to the Council on 27 January 1999 in accordance with Article 7(4) of Regulation (EEC) No 880/92;(10) Whereas the Council has not acted within three months from the date of referral to it;(11) Whereas in accordance with Article 7(5) of Regulation (EEC) No 880/92 the measures should now be adopted by the Commission,HAS ADOPTED THIS DECISION:Article 1The product group “detergents for dishwashers” means all detergents which are intended to be used exclusively in automatic domestic dishwashers.Article 2The environmental performance and the fitness for use of the product group, as defined in
The product group “detergents for dishwashers” means all detergents which are intended to be used exclusively in automatic domestic dishwashers.
The environmental performance and the fitness for use of the product group, as defined in Article 1, shall be assessed by reference to the specific ecological and performance criteria set out in the Annex and Appendix IA, IB, II, III and IV.
The definition of the product group and the specific ecological criteria for the product group shall be valid for a period of three years from the first day of the month following the adoption of the criteria.
For administrative purposes the product group code number assigned to this product group shall be “15”.
This Decision is addressed to the Member States.
Done at Brussels, 28 May 1999.
For the Commission
Ritt BJERREGAARD
Member of the Commission
(1) OJ L 99, 11.4.1992, p. 1.
(2) OJ 196, 16.8.1967, p.1.
(3) OJ L 305, 16.11.1998, p. 1.
(4) OJ L 187, 16.7.1988, p. 14.
(5) OJ L 265, 18.10.1996, p. 15.
The general requirements established by Regulation (EEC) No 880/92 on a Community eco-label award scheme and the specific criteria of this Annex shall apply for the awarding of an eco-label to detergents for dishwashers.
These criteria aim at promoting:
– the reduction of water pollution both by reducing the quantity of detergent used and by limiting the quantity of harmful ingredients,
– the minimisation of waste production by reducing the amount of primary packaging and promoting its re-usability and/or recyclability,
– the reduction of energy use by promoting low temperature detergents.
Additionally, the criteria enhance the consumers’ environmental awareness.
1. FUNCTIONAL UNIT AND REFERENCE DOSAGE
1.1. Functional unit
The functional unit shall be the quantity of product required to wash 12 place settings with a standard soil (as defined by DIN or ISO standards).
1.2. Reference dosage
The dosage recommended by the manufacturer to consumers for normally soiled dishes and 12 place settings is taken as a reference dosage under standard conditions.
2. KEY CRITERIA
2.1. Ecological criteria on ingredients
Key parameters
The following parameters are considered:
– total chemicals,
– critical dilution volume, toxicity (CDVtox),
– phosphates (as STPP)(1),
– non-biodegradable organics (aerobic) (NBDO aerobic),
– non-biodegradable organics (anaerobic) (NBDO anaerobic),
Appendix II presents the definition of the parameters used in the calculations. These parameters are calculated and expressed as g/wash, or l/wash, where appropriate. They are aggregates and assessed as a whole, according to the approach presented in this document.
Scoring/weighting factors
The following table summarises the selected criteria, their exclusion hurdles, their weighting factors and the maximum achievable scoring result. The scoring system formulae to be used to calculate the score in respect of each criterion are presented in point 2.3.
Detergents for dishwashers’ scoring/weighting calculation system
All values are expressed in g/wash, except the CDVtox, value which is expressed in l/wash.
Wfactor = weighting factor HEXCI. = hurdle.
2.2. Pass/fail level for awarding an eco-label
The sum of the scores related to the five criteria concerning the ingredients shall be equal to or greater than 26.
The exclusion hurdle value should not be exceeded on any criterion. The product shall also be in compliance with the criteria set out in other parts of this Annex.
2.3. Calculations related to ecological criteria on ingredients
Detergent Ingredient database (DID-list)
Appendix I.A presents-the detergent ingredients database (DID-list) which shall be used for calculations concerning the ingredient criteria. Data on loading factor, toxicity, non-biodegradability (aerobic) non-biodegradability (anaerobic) are listed for the major ingredients in Appendix I.A and these data must be used for the calculation concerning these ingredients.
The criteria:
– total chemicals
– non biodegradable (aerobic/anaerobic)
– phosphates (as STPP)
are calculated for each ingredient by considering the dosage per wash, water content and mass percentage in the formulation and they are added up for each product formulation.
The criterion on critical dilution volume toxicity is calculated for each ingredient by the equation:
>REFERENCE TO A GRAPHIC>
Procedure for the calculation of criteria and scores
For the calculatlon of scores, the following equations are used:
Total chemicals (TC):
Critical dilution volume toxicity (CDVtox):
Phosphates (P):
Aerobic non-biodegradable organics (aNBDO):
Anaerobic non-biodegradable organics (anNBDO):
New chemical additional ingredients
(a) In the case of new chemicals or additional ingredients which are not listed in the detergent ingredient database the approach described here in Appendix I.B shall be followed.
Experimental data have to be submitted by the applicant to the competent body.
The data on anaerobic biodegradability (ECETOC test No 28, June 1988) have to be provided.

Pending: 31999D0391

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(1), and in particular Article 16(3) thereof,Having regard to Council Directive 91/692/EEC of 23 December 1991 on standardising and rationalising reports on the implementation of certain Directives relating to the environment(2),(1) Whereas Article 16(3) of Directive 96/61/EC requires that reports on the implementation of the Directive and its effectiveness compared with other Community environmental instruments be established in accordance with the procedure laid down in Articles 5 and 6 of Directive 91/692/EEC;(2) Whereas Article 5 of Directive 91/692/EEC requires that the report be drawn up on the basis of either a questionnaire or outline drafted by the Commission with the assistance of the Committee set up in Article 6 of the Directive;(3) Whereas the first report will cover the period 2000 to 2002 inclusive;(4) Whereas the measures envisaged by this Decision are in accordance with the opinion expressed by the Committee in accordance with Article 6 of Directive 91/692/EEC,

Article 1
The questionnaire attached to this Decision, which related to Council Directive 96/61/EC concerning integrated pollution prevention and control, is hereby adopted.

Article 2
The Member States shall use this questionnaire as a basis for drawing up the report to be submitted to the Commission pursuant to Article 5 of Directive 91/692/EEC and Article 16(3) of Directive 96/61/EC.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 31 May 1999.
For the Commission
Ritt BJERREGAARD
Member of the Commission
(1) OJ L 257, 10.10.1996, p. 26.
(2) OJ L 377, 31.12.1991, p. 48.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(1), and in particular Article 16(3) thereof,Having regard to Council Directive 91/692/EEC of 23 December 1991 on standardising and rationalising reports on the implementation of certain Directives relating to the environment(2),(1) Whereas Article 16(3) of Directive 96/61/EC requires that reports on the implementation of the Directive and its effectiveness compared with other Community environmental instruments be established in accordance with the procedure laid down in Articles 5 and 6 of Directive 91/692/EEC;(2) Whereas Article 5 of Directive 91/692/EEC requires that the report be drawn up on the basis of either a questionnaire or outline drafted by the Commission with the assistance of the Committee set up in Article 6 of the Directive;(3) Whereas the first report will cover the period 2000 to 2002 inclusive;(4) Whereas the measures envisaged by this Decision are in accordance with the opinion expressed by the Committee in accordance with Article 6 of Directive 91/692/EEC,
The questionnaire attached to this Decision, which related to Council Directive 96/61/EC concerning integrated pollution prevention and control, is hereby adopted.
The Member States shall use this questionnaire as a basis for drawing up the report to be submitted to the Commission pursuant to Article 5 of Directive 91/692/EEC and Article 16(3) of Directive 96/61/EC.
This Decision is addressed to the Member States.
Done at Brussels, 31 May 1999.
For the Commission
Ritt BJERREGAARD
Member of the Commission
(1) OJ L 257, 10.10.1996, p. 26.
(2) OJ L 377, 31.12.1991, p. 48.
QUESTIONNAIRE ON THE IMPLEMENTATION OF DIRECTIVE 96/61/EC CONCERNING INTEGRATED POLLUTION PREVENTION AND CONTROL (IPPC)
1. General description
1.1. What are the main changes to national legislation and to the licensing system that were necessary in order to meet the overall aim of achieving integrated prevention and control of pollution arising from the activities listed in Annex I of the Directive?
2. Coverage of installations
2.1. For each of the six sections of Annex I, how many installations fall into the categories set out below?
– all existing installations, within the meaning of Article 2(4), in operation at the end of the reporting period,
– existing installations for which a substantial change was notified to the competent authority and for which a permit was granted during the reporting period,
– new installations (including those not yet in operation (for which a permit was granted during the reporting period)).
3. Basic operator obligations
3.1. What measures have been taken to provide that the competent authorities ensure that the installations are operated in accordance with the general principles set out in Article 3?
4. Existing installations
4.1. Is it envisaged to apply the requirements referred to in Article 5(1) to certain categories of existing installations before the end of the transition period mentioned therein?
4.2. By what date will new applications or supplementary information from existing installations be required in order to ensure that the requirements referred to in Article 5(1) are complied with by the end of the transition period mentioned therein?
5. Permit applications
5.1. How does national law ensure that permit applications contain all the information required by Article 6?
6. Coordination of the permitting procedure and conditions
6.1. Which competent authority or authorities are involved in permitting IPPC installations?
6.2. How does national law ensure that the permitting procedure and conditions are fully coordinated where more than one competent authorities are involved? How does this coordination work in practice?
7. Permit conditions
7.1. Completeness of permit conditions
7.1.1. How does national law ensure that the permit contains all the requirements specified in Article 9? In particular, give details on how each of the following items is provided for:
– limit values for emissions to air and water,
– minimisation of long-distance or transboundary pollution,
– protection of soil and groundwater,
– waste management,
– release monitoring requirements,
– measures relating to abnormal operating conditions.
7.2. Appropriateness and adequacy of permit conditions
7.2.1. What are the legislative provisions, procedures and criteria for setting emission limit values and other permit conditions, ensuring that they lead to a high level of protection for the environment as a whole?
7.2.2. What kind of (binding or non-binding) guidance exists in Member States for determining best available techniques?
7.2.3. How are the considerations mentioned in Annex IV of the Directive taken into account generally or in specific cases when determining best available techniques?
7.2.4. In particular, how is the information published by the Commission pursuant to Article 16(2) or by international organisations taken into account generally or in specific cases when determining best available techniques?
7.2.5. What measures have been taken to ensure that the emission limit values and the equivalent parameters and technical measures referred to in Article 9(3) are based on the best available techniques, without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the installation, its geographical location, and the local environmental conditions?
7.2.6. What kind of (binding or non-binding) guidance exists in Member States concerning the release monitoring requirements to be included in the permit?
7.3. Available representative data
7.3.1. Provide available representative data on the limits values laid down by specific category of activities in accordance with Annex I and, if appropriate, the best available techniques from which those values are derived. Describe how these data have been chosen and collected.
The Commission may, before or during the reporting period, suggest guidance for responding to this question, for certain sectors, in particular on the basis of the information published pursuant to Article 16(2). In the absence of such guidance, the data may for example be expressed as ranges of limit values.
7.3.2. What types of permit conditions other than emission limit values have been set? In particular, give examples of:
– equivalent parameters and technical measures that supplement emission limit values set in the permit,
– equivalent parameters and technical measures that replace emission limit values,
– conditions concerning the protection of soil and groundwater, waste management, release monitoring requirements and measures relating to abnormal operating conditions.
8. General binding rules
8.1. Does national law contain the possibility of laying down certain requirements for certain categories of installations in general binding rules instead of including them in individual permit conditions?
8.2. For which categories of installations have general binding rules been established? What form do such rules take?
9. Environmental quality standards
9.1. How does national law address the need for additional measures in cases where use of best available techniques is sufficient to satisfy an environmental quality standard set out in or defined pursuant to Community legislation?
9.2. Have such cases arisen? If so, what kind of additional measures were taken?
10. Developments in best available techniques
10.1. What steps have been taken to ensure that competent authorities follow or are informed of developments in best available techniques?
11. Changes to installations

Pending: 31999D0327

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy(1), as last amended by Regulation (EC) No 1287/95(2), and in particular Article 5(2)(b) thereof,After consulting the Fund Committee,Whereas:(1) under Article 5(2)(b) of Regulation (EEC) No 729/70, the Commission, on the basis of the annual accounts submitted by the Member States, accompanied by the information required for clearance and a certificate regarding the veracity, completeness, and accuracy of the accounts transmitted clears the accounts of the paying agencies referred to in Article 4(1) of that Regulation;(2) with regard to Article 7(1) of Commission Regulation (EC) No 296/96 of 16 February 1996 on data to be forwarded by the Member States and the monthly booking of expenditure financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and repealing Regulation (EEC) No 2776/88(3), as last amended by Regulation (EC) No 2236/98(4), account is taken for the 1998 financial year of expenditure incurred by the Member States between 16 October 1997 and 15 October 1998;(3) the time limits granted to the Member States for the submission to the Commission of the documents referred to in Article 5(1)(b) of Regulation (EEC) No 729/70 and in Article 4(1), (3) and (4) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Regulation (EEC) No 729/70 regarding the procedure for the clearance of accounts of the EAGGF Guarantee Section(5), as amended by Regulation (EC) No 896/97(6), have expired;(4) the Commission has checked the information submitted and communicated to the Member States before the 31 March 1999 the results of its verifications with the necessary amendments;(5) under the first subparagraph of Article 7(1) of Regulation (EC) No 1663/75, the accounts clearance decision referred to in Article 5(2)(b) of Regulation (EEC) No 729/740 must determine, without prejudice to decisions taken subsequently in accordance with paragraph 21(c) of that Article, the amount of expenditure effected in each Member State during the financial year in question recognised as being chargeable to the EAGGF Guarantee Section, on the basis of the accounts referred to in Article 5(1)(b) of the abovementioned Regulation and the reductions and suspensions of advances for the financial year concerned, including the reductions referred to in the second subparagraph of Article 4(3) of Regulation (EC) No 296/96; under Article 102 of the Financial Regulation of 21 December 1977, as last amended by Regulation (EC, ECSC, Euratom) No 2779/98(7), the outcome of the clearance decision, that is to say, any discrepancy which may occur between the total expenditure booked to the accounts for a financial year pursuant to Articles 100 and 101 and that total expenditure taken into consideration by the Commission in this Decision, is to be booked, under a single article, as additional expenditure or a reduction in expenditure;(6) for certain paying agencies, the annual accounts and the accompanying documents permit the Commssion to take a decision on the completeness, accuracy and veracity of the accounts submitted; whereas in the light of the verifications made some of the accounts do not fulfil this condition and therefore part of the expenditure concerned cannot be recognised as chargeable to the EAGGF Guarantee Section; whereas Annex I lists the amounts cleared for each paying agency;(7) in the light of the verifications made, the information submitted by certain other paying agencies requires additional inquiries and their accounts cannot therefore be cleared in this Decision; whereas Annex II lists the paying agencies concerned;(8) Article 4(2) of Regulation (EC) No 296/96, in liaison with Article 13 of Council Decision 94/729/EC of 31 October 1994 on budgetary disicpline(8), lays down that advances against bookings are to reduced for expenditure effected by the Member States after the limits or deadlines laid down; whereas, however, pursuant to Article 4(3) of Regulation (EC) No 296/96, any overrun of deadlines during September and October are to be taken into account in the accounts clearance decision except where noted before the last decision of the financial year relating to advances; whereas part of the expenditure claimed by certain Member States during the abovementioned period and for the measures for which the Commission did not accept any extenuating circumstances was effected after the limits reductions; whereas laid down; this Decision should therefore lay down the relevant reductions; whereas a decision will be taken at a later date, in accordance with Article 5(2)(c) of Regulation (EEC) No 729/70, definitively fixing the expendutre for which Community financing will not be granted regarding those reductions and any other expenditure which may be found to have been effected after the limits or deadlines laid down;(9) the Commission, in accordance with Article 13 of Decision No 94/7296/EC and Article 4(2) of Regulation (EC) No 296/96, reduced or suspended a number of monthly advances on entry into the accounts of expenditure for the 1998 financial year and proceeds in this Decision to the reductions laid down in Article 4(3) opf the above Regulation; whereas, notwithstanding their clearance under this Decision, a decision will be taken at a later date on the expenditure concerned in accordance with Article 5(2)(c) Regulation (EEC) No 729/70; whereas, in the light of the above, to avoid any premature or even only temporary reimbursement of the amounts in question, they should not be recognised in this Decision, without prejudice to further examination according to Article 5(2)(c) of Regulation (EEC) No 729/70;(10) the second subparagraph of Article 7(1) of Regulation (EC) No 1663/95, lays down that the amounts which are recoverable from, or payable to, each Member State in accordance with Annex III to this Decision are to be deducted from, or added to, advances against expenditure from the second month following that in which the accounts clearance decision is taken;(11) in accordance with the final subparagraph of Article 5(2)(b) of Regulation (EEC) No 729/70 and Article 7(1) of Regulation (EC) No 1663/95, this Decision, adopted on the basis of accounting information, does not prejudice decisions taken subsequently by the Commission excluding from Community financing expenditure not effected in accordance with Community rules,

Article 1
The accounts of the paying agencies of the Member States concerning expenditure financed by the EAGGF Guarantee Secion in respect of the 1998 financial year are hereby cleared as shown in Annex I.

Article 2
The accounts of the paying agencies of the Member States concerning expenditure financed by the EAGGF Guarantee Section in respect of the 1998 financial year referred to in Annex II are disjoined from the present Decision and shall be the subject of a future decision.

Article 3
The amounts which are recoverable from, or payable to, each Member State in accordance with the present clearance of accounts are determined in Annex III to the present Decision.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 30 April 1999.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 94, 28.4.1970, p. 13.
(2) OJ L 125, 8.6.1995, p. 1.
(3) OJ L 39, 17.2.1996, p. 5.
(4) OJ L 281, 17.10.1998, p. 9.
(5) OJ L 158, 8.7.1995, p. 6.
(6) OJ L 128, 21.5.1997, p. 8.
(7) OJ L 356, 31.12.1977, p. 1.
(8) OJ L 347, 23.12.1998, p. 3.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy(1), as last amended by Regulation (EC) No 1287/95(2), and in particular Article 5(2)(b) thereof,After consulting the Fund Committee,Whereas:(1) under Article 5(2)(b) of Regulation (EEC) No 729/70, the Commission, on the basis of the annual accounts submitted by the Member States, accompanied by the information required for clearance and a certificate regarding the veracity, completeness, and accuracy of the accounts transmitted clears the accounts of the paying agencies referred to in Article 4(1) of that Regulation;(2) with regard to Article 7(1) of Commission Regulation (EC) No 296/96 of 16 February 1996 on data to be forwarded by the Member States and the monthly booking of expenditure financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and repealing Regulation (EEC) No 2776/88(3), as last amended by Regulation (EC) No 2236/98(4), account is taken for the 1998 financial year of expenditure incurred by the Member States between 16 October 1997 and 15 October 1998;(3) the time limits granted to the Member States for the submission to the Commission of the documents referred to in Article 5(1)(b) of Regulation (EEC) No 729/70 and in Article 4(1), (3) and (4) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Regulation (EEC) No 729/70 regarding the procedure for the clearance of accounts of the EAGGF Guarantee Section(5), as amended by Regulation (EC) No 896/97(6), have expired;(4) the Commission has checked the information submitted and communicated to the Member States before the 31 March 1999 the results of its verifications with the necessary amendments;(5) under the first subparagraph of Article 7(1) of Regulation (EC) No 1663/75, the accounts clearance decision referred to in Article 5(2)(b) of Regulation (EEC) No 729/740 must determine, without prejudice to decisions taken subsequently in accordance with paragraph 21(c) of that Article, the amount of expenditure effected in each Member State during the financial year in question recognised as being chargeable to the EAGGF Guarantee Section, on the basis of the accounts referred to in Article 5(1)(b) of the abovementioned Regulation and the reductions and suspensions of advances for the financial year concerned, including the reductions referred to in the second subparagraph of Article 4(3) of Regulation (EC) No 296/96; under Article 102 of the Financial Regulation of 21 December 1977, as last amended by Regulation (EC, ECSC, Euratom) No 2779/98(7), the outcome of the clearance decision, that is to say, any discrepancy which may occur between the total expenditure booked to the accounts for a financial year pursuant to Articles 100 and 101 and that total expenditure taken into consideration by the Commission in this Decision, is to be booked, under a single article, as additional expenditure or a reduction in expenditure;(6) for certain paying agencies, the annual accounts and the accompanying documents permit the Commssion to take a decision on the completeness, accuracy and veracity of the accounts submitted; whereas in the light of the verifications made some of the accounts do not fulfil this condition and therefore part of the expenditure concerned cannot be recognised as chargeable to the EAGGF Guarantee Section; whereas Annex I lists the amounts cleared for each paying agency;(7) in the light of the verifications made, the information submitted by certain other paying agencies requires additional inquiries and their accounts cannot therefore be cleared in this Decision; whereas Annex II lists the paying agencies concerned;(8) Article 4(2) of Regulation (EC) No 296/96, in liaison with Article 13 of Council Decision 94/729/EC of 31 October 1994 on budgetary disicpline(8), lays down that advances against bookings are to reduced for expenditure effected by the Member States after the limits or deadlines laid down; whereas, however, pursuant to Article 4(3) of Regulation (EC) No 296/96, any overrun of deadlines during September and October are to be taken into account in the accounts clearance decision except where noted before the last decision of the financial year relating to advances; whereas part of the expenditure claimed by certain Member States during the abovementioned period and for the measures for which the Commission did not accept any extenuating circumstances was effected after the limits reductions; whereas laid down; this Decision should therefore lay down the relevant reductions; whereas a decision will be taken at a later date, in accordance with Article 5(2)(c) of Regulation (EEC) No 729/70, definitively fixing the expendutre for which Community financing will not be granted regarding those reductions and any other expenditure which may be found to have been effected after the limits or deadlines laid down;(9) the Commission, in accordance with Article 13 of Decision No 94/7296/EC and Article 4(2) of Regulation (EC) No 296/96, reduced or suspended a number of monthly advances on entry into the accounts of expenditure for the 1998 financial year and proceeds in this Decision to the reductions laid down in Article 4(3) opf the above Regulation; whereas, notwithstanding their clearance under this Decision, a decision will be taken at a later date on the expenditure concerned in accordance with Article 5(2)(c) Regulation (EEC) No 729/70; whereas, in the light of the above, to avoid any premature or even only temporary reimbursement of the amounts in question, they should not be recognised in this Decision, without prejudice to further examination according to Article 5(2)(c) of Regulation (EEC) No 729/70;(10) the second subparagraph of Article 7(1) of Regulation (EC) No 1663/95, lays down that the amounts which are recoverable from, or payable to, each Member State in accordance with Annex III to this Decision are to be deducted from, or added to, advances against expenditure from the second month following that in which the accounts clearance decision is taken;(11) in accordance with the final subparagraph of Article 5(2)(b) of Regulation (EEC) No 729/70 and Article 7(1) of Regulation (EC) No 1663/95, this Decision, adopted on the basis of accounting information, does not prejudice decisions taken subsequently by the Commission excluding from Community financing expenditure not effected in accordance with Community rules,
The accounts of the paying agencies of the Member States concerning expenditure financed by the EAGGF Guarantee Secion in respect of the 1998 financial year are hereby cleared as shown in Annex I.
The accounts of the paying agencies of the Member States concerning expenditure financed by the EAGGF Guarantee Section in respect of the 1998 financial year referred to in Annex II are disjoined from the present Decision and shall be the subject of a future decision.
The amounts which are recoverable from, or payable to, each Member State in accordance with the present clearance of accounts are determined in Annex III to the present Decision.
This Decision is addressed to the Member States.
Done at Brussels, 30 April 1999.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 94, 28.4.1970, p. 13.
(2) OJ L 125, 8.6.1995, p. 1.
(3) OJ L 39, 17.2.1996, p. 5.
(4) OJ L 281, 17.10.1998, p. 9.
(5) OJ L 158, 8.7.1995, p. 6.
(6) OJ L 128, 21.5.1997, p. 8.
(7) OJ L 356, 31.12.1977, p. 1.
(8) OJ L 347, 23.12.1998, p. 3.
CLEARANCE OF THE PAYING AGENCIES’ ACCOUNTS – FINANCIAL YEAR 1998
List of paying agencies for which the accounts are cleared as follows
The amount “B1-370 clearance” is mentioned only if it was not included in the declaration initially sent in by the Member State.
CLEARANCE OF THE PAYING AGENCIES’ ACCOUNTS – FINANCIAL YEAR 1998
List of paying agencies for which the accounts are disjoined and are subject of a later clearance decision
CLEARANCE OF THE PAYING AGENCIES’ ACCOUNTS – FINANCIAL YEAR 1998
Amount to be recovered from or paid to the Member State

Pending: 31999D0325

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal of the Commission(1),Having regard to the opinion of the European Parliament(2),(1) Whereas the Commission consulted the Monetary Committee before submitting its proposal;(2) Whereas Bosnia and Herzegovina is undertaking fundamental institutional and political reforms to establish common institutions and policies; whereas Bosnia and Herzegovina is making substantial efforts to promote economic reform and establish an open market economy, which is essential order to create jobs, improve living conditions for the people and allow the return of refugees and displaced persons;(3) Whereas within the Regional Approach defined by the Council, it is desirable to support efforts made to ensure a stable political and economic environment in Bosnia and Herzegovina, with a view to evolving towards the development of a relationship of full cooperation with the Community;(4) Whereas financial assistance of an exceptional nature from the Community should be instrumental in supporting the implementation of common institutions and policies in Bosnia and Herzegovina consistent with the Dayton peace agreement, while strengthening mutual confidence and bringing Bosnia and Herzegovina closer to the Community;(5) Whereas Bosnia and Herzegovina has agreed with the International Monetary Fund (IMF) on a comprehensive set of economic and institutional policy reform measures to be supported by a 12-month upper credit tranche Stand-By Arrangement (SBA); whereas the SBA will be followed or replaced by an Enhanced Structural Adjustment Facility (ESAF);(6) Whereas Bosnia and Herzegovina has agreed with the World Bank on a set of structural adjustment measures to be backed by two highly concessional structural adjustment loans and credits in the areas of public finance reform, and enterprise and banking privatisation;(7) Whereas the authorities of Bosnia and Herzegovina have requested financial assistance from the international financial institutions, the Community, and other bilateral donors; whereas, over and above the estimated financing which could be provided by the IMF and the World Bank, an important residual financing gap remains to be covered in the coming months in order to strengthen the country’s reserve position and support the policy objectives attached to the authorities’ reform effort;(8) Whereas an the fourth Donors’ Pledging Conference on Bosnia and Herzegovina on 7 and 8 May 1998, the international community welcomed the agreements reached with the Bretton Woods institutions and decided to support strongly the economic reform and reconstruction programmes of Bosnia and Herzegovina in the form of firm financial pledges;(9) Whereas the authorities of Bosnia and Herzegovina have committed themselves to discharge fully all outstanding financial obligations of all public entities of Bosnia and Herzegovina towards the European Community and the European Investment Bank, and to accept the responsibility by way of guarantee of those obligations that are not yet due;(10) Whereas the present exceptional Community macro-financial assistance to Bosnia and Herzegovina aims to help ease the country’s external financial constraints, supporting the balance of payments and strengthening the reserve position;(11) Whereas Bosnia and Herzegovina being a low-income country eligible for highly concessional loans and facilities from the World Bank and the IMF, this macro-financial assistance requires substantial elements of concessionality;(12) Whereas the strengthening of Bosnia and Herzegovina’s common institutions and the reform of its economic system are two of the priorities identified by the Peace Implementation Conference held in Madrid in December 1998;(13) Whereas the statement by the European Union on Bosnia and Herzegovina of 8 June 1998 recognises that the future of the country lies with Europe;(14) Whereas the inclusion of a grant component in this assistance is without prejudice to the powers of the budgetary authority;(15) Whereas this assistance should be managed by the Commission;(16) Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,HAS DECIDED AS FOLLOWS:Article 11. The Community shall make available to Bosnia and Herzegovina an exceptional macro-financial assistance in the form of a long-term loan and a straight grant with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position.2. The loan component of this assistance shall amount to a maximum principal of EUR 20 million with a grace period of 10 years and a maximum maturity of 15 years. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of Bosnia and Herzegovina in the form of a loan.3. The grant component of this assistance shall amount to a maximum of EUR 40 million of the 1999 to 2000 period.4. The Community financial assistence shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with any agreement reached between the IMF and Bosnia and Herzegovina.5. The implementation of this assistance is conditional upon clearance in full by Bosnia and Herzegovina of outstanding due financial obligations of all public entities towards the Community and the European Investment Bank and upon the acceptance by Bosnia and Herzegovina of responsibility by way of guarantee of those obligations that are not yet due.Article 21. The Commission is empowered to agree with the authorities of Bosnia and Herzegovina, after consultation with the Economic and Financial Committee, the economic and institutional policy conditions attached to the Community macro-financial assistance. These conditions shall be consistent with the agreement referred to in

Article 1
1. The Community shall make available to Bosnia and Herzegovina an exceptional macro-financial assistance in the form of a long-term loan and a straight grant with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position.
2. The loan component of this assistance shall amount to a maximum principal of EUR 20 million with a grace period of 10 years and a maximum maturity of 15 years. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of Bosnia and Herzegovina in the form of a loan.
3. The grant component of this assistance shall amount to a maximum of EUR 40 million of the 1999 to 2000 period.
4. The Community financial assistence shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with any agreement reached between the IMF and Bosnia and Herzegovina.
5. The implementation of this assistance is conditional upon clearance in full by Bosnia and Herzegovina of outstanding due financial obligations of all public entities towards the Community and the European Investment Bank and upon the acceptance by Bosnia and Herzegovina of responsibility by way of guarantee of those obligations that are not yet due.

Article 2
1. The Commission is empowered to agree with the authorities of Bosnia and Herzegovina, after consultation with the Economic and Financial Committee, the economic and institutional policy conditions attached to the Community macro-financial assistance. These conditions shall be consistent with the agreement referred to in Article 1(4).
2. The Commission shall verify at regular intervals, in collaboration with the Economic and Financial Committee and in coordination with the IMF, that the economic and institutional policy in Bosnia and Herzegovina is in accordance with the objectives of this macro-financial assistance and that its conditions are being fulfilled.

Article 3
1. The loan and grand components of this assistance shall be made available to Bosnia and Herzegovina in at least two successive tranches. Subject to the provisions of Article 2, the first tranche shall be released on the basis of a successful completion of the first review of the 12-month SBA between the IMF and Bosnia and Herzegovina, subject to the provisions of Article 1(5).
2. Subject to the provisions of Article 2, the second tranche shall be released on the basis of a satisfactory track record in the implementation of the SBA with the IMF and not before three months after the release of the first tranche.
3. The funds shall be paid to the Central Bank of Bosnia and Herzegovina.

Article 4
1. The borrowing and lending operations referred to in Article 1(2) shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risks, or in any other commercial risk.
2. The Commission shall take the necessary steps, if Bosnia and Herzegovina so requests, to ensur that an early repayment clause is included in the loan terms and conditions and that it may be exercised.
3. At the request of Bosnia and Herzegovina, and where circumstances permit an improvement in the interest rate on the loan, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.
4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by Bosnia and Herzegovina.
5. The Economic and Financial Committee shall be kept informed of developments in the operations referred to in paragraph 2 and 3 at least once a year.

Article 5
At least once a year the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation of the implementation of this Decision.
Done at Brussels, 10 May 1999.
For the Council
The President
(1) OJ C 396, 19.12.1998, p. 16.
(2) Opinion delivered on 12 March 1999 (not yet published in the Official Journal).

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal of the Commission(1),Having regard to the opinion of the European Parliament(2),(1) Whereas the Commission consulted the Monetary Committee before submitting its proposal;(2) Whereas Bosnia and Herzegovina is undertaking fundamental institutional and political reforms to establish common institutions and policies; whereas Bosnia and Herzegovina is making substantial efforts to promote economic reform and establish an open market economy, which is essential order to create jobs, improve living conditions for the people and allow the return of refugees and displaced persons;(3) Whereas within the Regional Approach defined by the Council, it is desirable to support efforts made to ensure a stable political and economic environment in Bosnia and Herzegovina, with a view to evolving towards the development of a relationship of full cooperation with the Community;(4) Whereas financial assistance of an exceptional nature from the Community should be instrumental in supporting the implementation of common institutions and policies in Bosnia and Herzegovina consistent with the Dayton peace agreement, while strengthening mutual confidence and bringing Bosnia and Herzegovina closer to the Community;(5) Whereas Bosnia and Herzegovina has agreed with the International Monetary Fund (IMF) on a comprehensive set of economic and institutional policy reform measures to be supported by a 12-month upper credit tranche Stand-By Arrangement (SBA); whereas the SBA will be followed or replaced by an Enhanced Structural Adjustment Facility (ESAF);(6) Whereas Bosnia and Herzegovina has agreed with the World Bank on a set of structural adjustment measures to be backed by two highly concessional structural adjustment loans and credits in the areas of public finance reform, and enterprise and banking privatisation;(7) Whereas the authorities of Bosnia and Herzegovina have requested financial assistance from the international financial institutions, the Community, and other bilateral donors; whereas, over and above the estimated financing which could be provided by the IMF and the World Bank, an important residual financing gap remains to be covered in the coming months in order to strengthen the country’s reserve position and support the policy objectives attached to the authorities’ reform effort;(8) Whereas an the fourth Donors’ Pledging Conference on Bosnia and Herzegovina on 7 and 8 May 1998, the international community welcomed the agreements reached with the Bretton Woods institutions and decided to support strongly the economic reform and reconstruction programmes of Bosnia and Herzegovina in the form of firm financial pledges;(9) Whereas the authorities of Bosnia and Herzegovina have committed themselves to discharge fully all outstanding financial obligations of all public entities of Bosnia and Herzegovina towards the European Community and the European Investment Bank, and to accept the responsibility by way of guarantee of those obligations that are not yet due;(10) Whereas the present exceptional Community macro-financial assistance to Bosnia and Herzegovina aims to help ease the country’s external financial constraints, supporting the balance of payments and strengthening the reserve position;(11) Whereas Bosnia and Herzegovina being a low-income country eligible for highly concessional loans and facilities from the World Bank and the IMF, this macro-financial assistance requires substantial elements of concessionality;(12) Whereas the strengthening of Bosnia and Herzegovina’s common institutions and the reform of its economic system are two of the priorities identified by the Peace Implementation Conference held in Madrid in December 1998;(13) Whereas the statement by the European Union on Bosnia and Herzegovina of 8 June 1998 recognises that the future of the country lies with Europe;(14) Whereas the inclusion of a grant component in this assistance is without prejudice to the powers of the budgetary authority;(15) Whereas this assistance should be managed by the Commission;(16) Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,HAS DECIDED AS FOLLOWS:Article 11. The Community shall make available to Bosnia and Herzegovina an exceptional macro-financial assistance in the form of a long-term loan and a straight grant with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position.2. The loan component of this assistance shall amount to a maximum principal of EUR 20 million with a grace period of 10 years and a maximum maturity of 15 years. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of Bosnia and Herzegovina in the form of a loan.3. The grant component of this assistance shall amount to a maximum of EUR 40 million of the 1999 to 2000 period.4. The Community financial assistence shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with any agreement reached between the IMF and Bosnia and Herzegovina.5. The implementation of this assistance is conditional upon clearance in full by Bosnia and Herzegovina of outstanding due financial obligations of all public entities towards the Community and the European Investment Bank and upon the acceptance by Bosnia and Herzegovina of responsibility by way of guarantee of those obligations that are not yet due.Article 21. The Commission is empowered to agree with the authorities of Bosnia and Herzegovina, after consultation with the Economic and Financial Committee, the economic and institutional policy conditions attached to the Community macro-financial assistance. These conditions shall be consistent with the agreement referred to in
1. The Community shall make available to Bosnia and Herzegovina an exceptional macro-financial assistance in the form of a long-term loan and a straight grant with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position.
2. The loan component of this assistance shall amount to a maximum principal of EUR 20 million with a grace period of 10 years and a maximum maturity of 15 years. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of Bosnia and Herzegovina in the form of a loan.
3. The grant component of this assistance shall amount to a maximum of EUR 40 million of the 1999 to 2000 period.
4. The Community financial assistence shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with any agreement reached between the IMF and Bosnia and Herzegovina.
5. The implementation of this assistance is conditional upon clearance in full by Bosnia and Herzegovina of outstanding due financial obligations of all public entities towards the Community and the European Investment Bank and upon the acceptance by Bosnia and Herzegovina of responsibility by way of guarantee of those obligations that are not yet due.
1. The Commission is empowered to agree with the authorities of Bosnia and Herzegovina, after consultation with the Economic and Financial Committee, the economic and institutional policy conditions attached to the Community macro-financial assistance. These conditions shall be consistent with the agreement referred to in Article 1(4).
2. The Commission shall verify at regular intervals, in collaboration with the Economic and Financial Committee and in coordination with the IMF, that the economic and institutional policy in Bosnia and Herzegovina is in accordance with the objectives of this macro-financial assistance and that its conditions are being fulfilled.
1. The loan and grand components of this assistance shall be made available to Bosnia and Herzegovina in at least two successive tranches. Subject to the provisions of Article 2, the first tranche shall be released on the basis of a successful completion of the first review of the 12-month SBA between the IMF and Bosnia and Herzegovina, subject to the provisions of Article 1(5).
2. Subject to the provisions of Article 2, the second tranche shall be released on the basis of a satisfactory track record in the implementation of the SBA with the IMF and not before three months after the release of the first tranche.
3. The funds shall be paid to the Central Bank of Bosnia and Herzegovina.
1. The borrowing and lending operations referred to in Article 1(2) shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risks, or in any other commercial risk.
2. The Commission shall take the necessary steps, if Bosnia and Herzegovina so requests, to ensur that an early repayment clause is included in the loan terms and conditions and that it may be exercised.
3. At the request of Bosnia and Herzegovina, and where circumstances permit an improvement in the interest rate on the loan, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.
4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by Bosnia and Herzegovina.
5. The Economic and Financial Committee shall be kept informed of developments in the operations referred to in paragraph 2 and 3 at least once a year.
At least once a year the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation of the implementation of this Decision.
Done at Brussels, 10 May 1999.
For the Council
The President
(1) OJ C 396, 19.12.1998, p. 16.
(2) Opinion delivered on 12 March 1999 (not yet published in the Official Journal).

Pending: 31999D0302

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), as last amended by Directive 97/79/EC(2) and in particular Article 8(3) thereof,(1) Whereas Commission Decision 1999/301/EC(3) provides for a suspension of imports of fresh bovine meat including offal for human consumption coming from or originating in the United States of America with effect from 15 June 1999; whereas it is necessary in the interval that fresh bovine meat including offal imported from the United States of America does not contain any residues of growth promoting hormones;(2) Whereas in application of Article 8 of Directive 90/675/EEC the reduction in the frequency of physical checks for certain products from third countries are laid down in the Annex to Commission Decision 94/360/EC(4); whereas the presence of certain xenobiotic growth promoting hormones, and abnormally high levels of residues of natural hormones, has been detected in fresh bovine meat including offal, other than bison meat including offal, from the United States of America and it is therefore necessary to intensify harmonised checks on such meat;(3) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1The following Article is inserted following

Article 1
The following Article is inserted following Article 1 of Decision 94/360/EC:
“Article 1a
1. Notwithstanding the provisions of Article 1, the level and organisation of physical checks to be carried out by each Member State, on entry into its territory at any border inspection or crossing point, on consignments of fresh bovine meat including offal, other than bison meat including offal, coming from or originating in the United States of America shall be as follows:
– the frequency of the physical checks is increased to 100 %,
– two official samples shall be taken from each consignment and examined for residues of each of the xenobiotic hormones melengestrol acetate, trenbolone and zeranol, and for abnormally high levels of residues of the natural hormones 17 beta oestradiol, progesterone and testosterone,
– the samples shall be handled in accordance with points 2.6, 2.7 and 2.9 of the Annex to Commission Decison 98/179/EC(5),
– the samples shall be sent to, and the laboratory tests shall be performed at, one of the laboratories referred to in the Annex to this Decision.
2. Member States shall only allow the entry into their territory and the consignment to another Member State of such fresh bovine meat, including offal, in question where the results of the examination and analyses, referred to in paragraph 1, are favourable.
3. All costs incurred in applying this Article shall be chargeable to the consignor, the consignee or their agents.”

Article 2
The provisions of Article 1 shall be reviewed following information on the evolution of the situation and the guarantees supplied by the competent authorities of the United States of America.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 30 April 1999.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ L 373, 31.12.1990, p. 1.
(2) OJ L 24, 30.1.1998, p. 31.
(3) See page 52 of this Official Journal.
(4) OJ L 158, 25.6.1994, p. 41.
(5) OJ L 65, 5.3.1998, p. 31.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), as last amended by Directive 97/79/EC(2) and in particular Article 8(3) thereof,(1) Whereas Commission Decision 1999/301/EC(3) provides for a suspension of imports of fresh bovine meat including offal for human consumption coming from or originating in the United States of America with effect from 15 June 1999; whereas it is necessary in the interval that fresh bovine meat including offal imported from the United States of America does not contain any residues of growth promoting hormones;(2) Whereas in application of Article 8 of Directive 90/675/EEC the reduction in the frequency of physical checks for certain products from third countries are laid down in the Annex to Commission Decision 94/360/EC(4); whereas the presence of certain xenobiotic growth promoting hormones, and abnormally high levels of residues of natural hormones, has been detected in fresh bovine meat including offal, other than bison meat including offal, from the United States of America and it is therefore necessary to intensify harmonised checks on such meat;(3) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1The following Article is inserted following
The following Article is inserted following Article 1 of Decision 94/360/EC:
“Article 1a
1. Notwithstanding the provisions of Article 1, the level and organisation of physical checks to be carried out by each Member State, on entry into its territory at any border inspection or crossing point, on consignments of fresh bovine meat including offal, other than bison meat including offal, coming from or originating in the United States of America shall be as follows:
– the frequency of the physical checks is increased to 100 %,
– two official samples shall be taken from each consignment and examined for residues of each of the xenobiotic hormones melengestrol acetate, trenbolone and zeranol, and for abnormally high levels of residues of the natural hormones 17 beta oestradiol, progesterone and testosterone,
– the samples shall be handled in accordance with points 2.6, 2.7 and 2.9 of the Annex to Commission Decison 98/179/EC(5),
– the samples shall be sent to, and the laboratory tests shall be performed at, one of the laboratories referred to in the Annex to this Decision.
2. Member States shall only allow the entry into their territory and the consignment to another Member State of such fresh bovine meat, including offal, in question where the results of the examination and analyses, referred to in paragraph 1, are favourable.
3. All costs incurred in applying this Article shall be chargeable to the consignor, the consignee or their agents.”
The provisions of Article 1 shall be reviewed following information on the evolution of the situation and the guarantees supplied by the competent authorities of the United States of America.
This Decision is addressed to the Member States.
Done at Brussels, 30 April 1999.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ L 373, 31.12.1990, p. 1.
(2) OJ L 24, 30.1.1998, p. 31.
(3) See page 52 of this Official Journal.
(4) OJ L 158, 25.6.1994, p. 41.
(5) OJ L 65, 5.3.1998, p. 31.
LIST OF LABORATORIES
1. Rijksinstitut voor Volksgezondheid en Milieu
EU Community Reference Laboratory
(Antonie van Leewenhoekklaan 9) PO Box 1 , 3720 BA Bilthoven The Netherlands CRL Director and contact point: Dr Rainer W. Stephany Tel. (31) 302 74 26 13 Fax (31) 302 74 44 03 E-mail [email protected] or [email protected]
2. Laboratoire des dosages hormonaux
Laboratoire national de référence
École nationale vétérinaire de Nantes
BP 50707 44307 Nantes CEDEX 3 (France) NRL Director and contact point: Dr François André Tel. (33) 240 68 77 66 Fax (33) 240 68 78 78 E-mail [email protected]
3. Any other Member State laboratory which applies screening analyses performed by isotope dilution on line gas chromatography and/or liquid chromatography mass spectometry under Quality Assurance according to the Norm EN45001, and confirmatory analyses performed by mass spectrometry under Quality Assurance according to the Norm EN45001.

Pending: 31999D0301

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to 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(1), as last amended by Directive 97/79/EC(2), and in particular Article 3(1), Article 4(1) and Article 18(1) thereof,Having regard to Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stock farming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC(3), and in particular Article 11 thereof,(1) Whereas a list of establishments in the United States of America, approved for the purpose of importing fresh meat into the Community, was drawn up initially by Commission Decision 87/257/EEC(4), as last amended by Decision 1999/220/EC(5); whereas that list may be amended at any time in the light of the results of Community inspections carried out in the United States of America;(2) Whereas routine inspections made in application of Article 5 of Directive 72/462/EEC have revealed that the level of hygiene of certain establishments may be considered to be satisfactory; whereas these establishments may therefore be maintained or entered on the said list;(3) Whereas the list of establishments must be amended accordingly;(4) Whereas Member States can only import fresh meat including offal from third countries or parts of third countries appearing on a list established by the Council upon a proposal from the Commission;(5) Whereas the list of these third countries or parts thereof is contained in Council Decision 79/542/EEC(6), as last amended by Commission Decision 1999/236/EC(7);(6) Whereas the United States of America appears on this list as a third country from which the Member States are authorised to import fresh meat and meat products;(7) Whereas Directive 96/22/EC prohibits the use of certain substances having a hormonal action for growth promotion;(8) Whereas the import of fresh meat from third countries in which the use of certain substances having a hormonal action for growth promotion is not prohibited is subject to the presentation of guarantees at least equivalent to the rules laid down for Community production;(9) Whereas several inspection missions carried out in the United States of America have revealed deficiencies in the implementation of the conditions agreed between the United States of America and the European Community for control of residues;(10) Whereas sampling and analyses, for detection of residues of hormones in fresh bovine meat and liver imported from the United States of America intended for human consumption, have shown the presence of xenobiotic growth promoting hormones;(11) Whereas the situation requires an immediate intensification of import checks for residues of growth-promoting hormones to be carried out on fresh bovine meat including offal imported from the United States of America; whereas the intensity and organisation of these checks have been set down in Decision 1999/302/EC(8);(12) Whereas in circumstances like those described above, the relevant Community legislation and international agreements applicable in this case enable the European Community to suspend imports from the United States of America; whereas a limited period of time should be provided for the United States of America to take the necessary measures and action required to satisfy objectively that the level of sanitary protection applied in the European Community is respected;(13) Whereas the United States of America should therefore be suspended from the list of third countries from which the Member States are authorised to import fresh bovine meat for human consumption with effect from 15 June 1999; whereas, suspension of imports, in the circumstances of the present case, is the only type of measure that is reasonably available to the European Community;(14) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1The Annex to Decision 87/257/EEC is hereby replaced by the Annex hereto.Article 2Part I of the Annex to Decision 79/542/EEC is amended as follows:1. the line “>TABLE>”is replaced by: “>TABLE>”;2. the following footnote is added after “o = unauthorised”; “s = suspended for export of product for human consumption”.Article 3The Member States shall alter the measures they apply in trade in order to bring them into line with Article 2 of this Decision and Decision 1999/302/EC. They shall immediately inform the Commission thereof.Article 4The provisions of Article 2 shall be reviewed following information on the evolution of the situation and guarantees supplied by the competent authorities of the United States of America.Article 51.

Article 1
The Annex to Decision 87/257/EEC is hereby replaced by the Annex hereto.

Article 2
Part I of the Annex to Decision 79/542/EEC is amended as follows:
1. the line “>TABLE>”
is replaced by: “>TABLE>”;
2. the following footnote is added after “o = unauthorised”;
“s = suspended for export of product for human consumption”.

Article 3
The Member States shall alter the measures they apply in trade in order to bring them into line with Article 2 of this Decision and Decision 1999/302/EC. They shall immediately inform the Commission thereof.

Article 4
The provisions of Article 2 shall be reviewed following information on the evolution of the situation and guarantees supplied by the competent authorities of the United States of America.

Article 5
1. Article 1 shall apply from the date of notification of this Decision.
2. Article 2 shall apply from 15 June 1999.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 30 April 1999.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ L 302, 31.12.1972, p. 28.
(2) OJ L 24, 30.1.1998, p. 31.
(3) OJ L 125, 23.5.1996, p. 3.
(4) OJ L 121, 9.5.1987, p. 55.
(5) OJ L 80, 25.3.1999, p. 29.
(6) OJ L 146, 14.6.1979, p. 15.
(7) OJ L 87, 31.3.1999, p. 13.
(8) See page 58 of this Official Journal.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to 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(1), as last amended by Directive 97/79/EC(2), and in particular Article 3(1), Article 4(1) and Article 18(1) thereof,Having regard to Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stock farming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC(3), and in particular Article 11 thereof,(1) Whereas a list of establishments in the United States of America, approved for the purpose of importing fresh meat into the Community, was drawn up initially by Commission Decision 87/257/EEC(4), as last amended by Decision 1999/220/EC(5); whereas that list may be amended at any time in the light of the results of Community inspections carried out in the United States of America;(2) Whereas routine inspections made in application of Article 5 of Directive 72/462/EEC have revealed that the level of hygiene of certain establishments may be considered to be satisfactory; whereas these establishments may therefore be maintained or entered on the said list;(3) Whereas the list of establishments must be amended accordingly;(4) Whereas Member States can only import fresh meat including offal from third countries or parts of third countries appearing on a list established by the Council upon a proposal from the Commission;(5) Whereas the list of these third countries or parts thereof is contained in Council Decision 79/542/EEC(6), as last amended by Commission Decision 1999/236/EC(7);(6) Whereas the United States of America appears on this list as a third country from which the Member States are authorised to import fresh meat and meat products;(7) Whereas Directive 96/22/EC prohibits the use of certain substances having a hormonal action for growth promotion;(8) Whereas the import of fresh meat from third countries in which the use of certain substances having a hormonal action for growth promotion is not prohibited is subject to the presentation of guarantees at least equivalent to the rules laid down for Community production;(9) Whereas several inspection missions carried out in the United States of America have revealed deficiencies in the implementation of the conditions agreed between the United States of America and the European Community for control of residues;(10) Whereas sampling and analyses, for detection of residues of hormones in fresh bovine meat and liver imported from the United States of America intended for human consumption, have shown the presence of xenobiotic growth promoting hormones;(11) Whereas the situation requires an immediate intensification of import checks for residues of growth-promoting hormones to be carried out on fresh bovine meat including offal imported from the United States of America; whereas the intensity and organisation of these checks have been set down in Decision 1999/302/EC(8);(12) Whereas in circumstances like those described above, the relevant Community legislation and international agreements applicable in this case enable the European Community to suspend imports from the United States of America; whereas a limited period of time should be provided for the United States of America to take the necessary measures and action required to satisfy objectively that the level of sanitary protection applied in the European Community is respected;(13) Whereas the United States of America should therefore be suspended from the list of third countries from which the Member States are authorised to import fresh bovine meat for human consumption with effect from 15 June 1999; whereas, suspension of imports, in the circumstances of the present case, is the only type of measure that is reasonably available to the European Community;(14) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1The Annex to Decision 87/257/EEC is hereby replaced by the Annex hereto.Article 2Part I of the Annex to Decision 79/542/EEC is amended as follows:1. the line “>TABLE>”is replaced by: “>TABLE>”;2. the following footnote is added after “o = unauthorised”; “s = suspended for export of product for human consumption”.Article 3The Member States shall alter the measures they apply in trade in order to bring them into line with Article 2 of this Decision and Decision 1999/302/EC. They shall immediately inform the Commission thereof.Article 4The provisions of Article 2 shall be reviewed following information on the evolution of the situation and guarantees supplied by the competent authorities of the United States of America.Article 51.
The Annex to Decision 87/257/EEC is hereby replaced by the Annex hereto.
Part I of the Annex to Decision 79/542/EEC is amended as follows:
1. the line “>TABLE>”
is replaced by: “>TABLE>”;
2. the following footnote is added after “o = unauthorised”;
“s = suspended for export of product for human consumption”.
The Member States shall alter the measures they apply in trade in order to bring them into line with Article 2 of this Decision and Decision 1999/302/EC. They shall immediately inform the Commission thereof.
The provisions of Article 2 shall be reviewed following information on the evolution of the situation and guarantees supplied by the competent authorities of the United States of America.
1. Article 1 shall apply from the date of notification of this Decision.
2. Article 2 shall apply from 15 June 1999.
This Decision is addressed to the Member States.
Done at Brussels, 30 April 1999.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ L 302, 31.12.1972, p. 28.
(2) OJ L 24, 30.1.1998, p. 31.
(3) OJ L 125, 23.5.1996, p. 3.
(4) OJ L 121, 9.5.1987, p. 55.
(5) OJ L 80, 25.3.1999, p. 29.
(6) OJ L 146, 14.6.1979, p. 15.
(7) OJ L 87, 31.3.1999, p. 13.
(8) See page 58 of this Official Journal.
List of establishments in the United States of America approved for the purpose of importing fresh meat into the Community

Pending: 31999D0285

Pending: 31999D0253

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), as last amended by Directive 96/43/EC(2), and in particular Article 19 thereof,(1) Whereas within the meaning of Article 19 of Directive 90/675/EEC the necessary decisions must be adopted as regards the import of certain products from third countries where any cause likely to constitute a serious danger for animal or human health appears or is spreading;(2) Whereas some cases involving fish poisoning on Lake Victoria have been reported to the Commission by the Uganda authorities; whereas the fish poisoning is suspected to be caused by the presence of pesticides in the water of the Lake Victoria and by fishery malpractice;(3) Whereas the Uganda authorities have taken precautionary measures and suspended all fish exports to the European Community with effect from 22 March 1999 and until the safety on the fishery products could be guaranteed;(4) Whereas Kenya and Tanzania share with Uganda the Lake Victoria waters and therefore the fish caught therein; whereas Kenya and Tanzania have taken precautionary measures but not suspended the exports of fishery products to the Community, whereas these precautionary measures are not enough to assure, in the current situation, the safety of the fishery products;(5) Whereas imports of fishery products caught in the Lake Victoria and coming from or originating in Kenya and Tanzania should be suspected;(6) Whereas such a measure should be reviewed following the information on the evolution of the situation and the guarantees provided by the competent authorities concerning the safety of the fishery products;(7) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1This Decision shall apply to fishery products, fresh, frozen or processed, caught in the Lake Victoria and coming from or originating in Kenya and Tanzania. It shall not apply to fishery products caught at sea.Article 2Member States shall prohibit the introduction to their territory of fishery products referred in

Article 1
This Decision shall apply to fishery products, fresh, frozen or processed, caught in the Lake Victoria and coming from or originating in Kenya and Tanzania. It shall not apply to fishery products caught at sea.

Article 2
Member States shall prohibit the introduction to their territory of fishery products referred in Article 1.

Article 3
All expenditure incurred by the application of this Decision shall be charged to the consignor, the consignee or their agent.

Article 4
This Decision shall be reviewed following the information on the evolution of the situation and the guarantees provided by the competent authorities of Kenya and Tanzania concerning the safety of the fishery products.

Article 5
Member States shall modify the measures they apply to trade to bring them into line with this Decision. They shall immediately inform the Commission thereof.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 12 April 1999.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 373, 31.12.1990, p. 1.
(2) OJ L 162, 1.7.1996, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), as last amended by Directive 96/43/EC(2), and in particular Article 19 thereof,(1) Whereas within the meaning of Article 19 of Directive 90/675/EEC the necessary decisions must be adopted as regards the import of certain products from third countries where any cause likely to constitute a serious danger for animal or human health appears or is spreading;(2) Whereas some cases involving fish poisoning on Lake Victoria have been reported to the Commission by the Uganda authorities; whereas the fish poisoning is suspected to be caused by the presence of pesticides in the water of the Lake Victoria and by fishery malpractice;(3) Whereas the Uganda authorities have taken precautionary measures and suspended all fish exports to the European Community with effect from 22 March 1999 and until the safety on the fishery products could be guaranteed;(4) Whereas Kenya and Tanzania share with Uganda the Lake Victoria waters and therefore the fish caught therein; whereas Kenya and Tanzania have taken precautionary measures but not suspended the exports of fishery products to the Community, whereas these precautionary measures are not enough to assure, in the current situation, the safety of the fishery products;(5) Whereas imports of fishery products caught in the Lake Victoria and coming from or originating in Kenya and Tanzania should be suspected;(6) Whereas such a measure should be reviewed following the information on the evolution of the situation and the guarantees provided by the competent authorities concerning the safety of the fishery products;(7) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1This Decision shall apply to fishery products, fresh, frozen or processed, caught in the Lake Victoria and coming from or originating in Kenya and Tanzania. It shall not apply to fishery products caught at sea.Article 2Member States shall prohibit the introduction to their territory of fishery products referred in
This Decision shall apply to fishery products, fresh, frozen or processed, caught in the Lake Victoria and coming from or originating in Kenya and Tanzania. It shall not apply to fishery products caught at sea.
Member States shall prohibit the introduction to their territory of fishery products referred in Article 1.
All expenditure incurred by the application of this Decision shall be charged to the consignor, the consignee or their agent.
This Decision shall be reviewed following the information on the evolution of the situation and the guarantees provided by the competent authorities of Kenya and Tanzania concerning the safety of the fishery products.
Member States shall modify the measures they apply to trade to bring them into line with this Decision. They shall immediately inform the Commission thereof.
This Decision is addressed to the Member States.
Done at Brussels, 12 April 1999.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 373, 31.12.1990, p. 1.
(2) OJ L 162, 1.7.1996, p. 1.

Pending: 31999D0217

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 2232/96 of the European Parliament and of the Council of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs (1) and in particular Article 3(2) thereof;Whereas, in application of Article 3(1) of Regulation (EC) No 2232/96, Member States, within one year of the entry into force of the abovementioned Regulation, shall notify to the Commission the list of flavouring substances accepted for use in or on foodstuffs marketed on their territory;Whereas, in application of Article 3(2) of the said Regulation, notified flavouring substances, the legal use of which in one Member State must be recognised by the other Member States, shall be entered in a register adopted in accordance with the procedure laid down in Article 7 of the Regulation;Whereas it is recognized that in certain Member States, some flavouring substances are presently subject to restrictive or prohibitive measures;Whereas it is recognised that such restrictive or prohibitive measures in force at the date of adoption of the current Decision may continue to be applied, pending completion of the evaluation of the substance;Whereas, in any case, where a Member State notes that a flavouring substance contained in the register may constitute a danger to public health, it may invoke the safeguard procedure provided for in Article 3(3) of Regulation (EC) No 2232/96;Whereas the register forms the basis of the programme for evaluation provided for in Article 4 of the said Regulation which is to be adopted within ten months of the adoption of the register;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee for Foodstuffs.HAS ADOPTED THIS DECISION:

Article 1
The register of flavouring substances annexed to this Decision is hereby adopted.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 23 February 1999.
For the Commission
Martin BANGEMANN
Member of the Commission
(1) OJ L 299, 23.11.1996, p. 1.
Register of flavouring substances notified by the Member States pursuant to Article 3(1) of Regulation EC No 2232/96 of the European Parliament and of the Council of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs
In application of Article 3(1) of Regulation (EC) No 2232/96 of the European Parliament and of the Council of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs (1), the Commission has received from the Member States and from certain EFTA countries party to the EEA Agreement (2), lists of flavouring substances which currently are legally accepted on their territory and consequently should benefit from free circulation in application of the Treaty.
On the basis of the foregoing, the Commission, in application of Article 3(2) of the same Regulation, drafted the present Register which is to be adopted within one year after the end of the notification procedure and lists as an Annex the flavouring substances notified.
The main list has been divided into three distinct parts. Indeed, as none of the existing classification systems for chemicals covered the totality of the notified products, this separation was necessary. A fourth part lists those substances for which confidentiality has been requested by a Member State in order to protect the intellectual rights of the manufacturer.
This major section classifies the chemical substances following their CAS (3) numbers, insofar these had been attributed or made available.
Failing the CAS numbers, this second part makes reference to the CoE (4) coding system.
Only in the absence of the foregoing coding systems, a residual and limited set of substances had to be brought under this section. They were originally sorted alphabetically on the basis of their English common name. For the unique purpose of overcoming incoherence after translation they have been attributed a specific ad hoc number.
Part 4 lists a limited number of substances notified by one or more Member States in application of Article 3(2) last indent, which specifies that substances shall be designated in such a way as to protect the intellectual rights of their manufacturers. In other words, confidentiality has been requested on these flavourings, which explains why they are referred to under a coded form. A Commission communication (5) and recommendation (6) give guidance on the practical modalities for application of this provision. It must be observed that whilst only a limited number of accredited persons have access to the relevant information, the confidentiality of the data expires five years after the date of receipt of the notification. This confidential treatment does not affect in any way the application of legal obligations applicable to the flavouring substances in question. It must be stressed that in particular the obligations to bring on the market only those substances that do not constitute a danger to public health and to conform with the mandatory safety evaluation remain unaltered.
In part 1 to 3, Einecs (7) and FEMA (8) numbers are indicated, where available.
Specific remarks, under a numbered form are listed in the column ‘comments`. The explanation hereof is the following:
1. substance which, apart from its flavouring properties, is used for other purposes on or in foodstuffs, and, therefore, may be subject to additional legal provisions;
2. substance the use of which in certain Member States is subject to restrictive or prohibitive measures;
3. substance to be given priority evaluation;
4. substance on which additional information is to be submitted.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 2232/96 of the European Parliament and of the Council of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs (1) and in particular Article 3(2) thereof;Whereas, in application of Article 3(1) of Regulation (EC) No 2232/96, Member States, within one year of the entry into force of the abovementioned Regulation, shall notify to the Commission the list of flavouring substances accepted for use in or on foodstuffs marketed on their territory;Whereas, in application of Article 3(2) of the said Regulation, notified flavouring substances, the legal use of which in one Member State must be recognised by the other Member States, shall be entered in a register adopted in accordance with the procedure laid down in Article 7 of the Regulation;Whereas it is recognized that in certain Member States, some flavouring substances are presently subject to restrictive or prohibitive measures;Whereas it is recognised that such restrictive or prohibitive measures in force at the date of adoption of the current Decision may continue to be applied, pending completion of the evaluation of the substance;Whereas, in any case, where a Member State notes that a flavouring substance contained in the register may constitute a danger to public health, it may invoke the safeguard procedure provided for in Article 3(3) of Regulation (EC) No 2232/96;Whereas the register forms the basis of the programme for evaluation provided for in Article 4 of the said Regulation which is to be adopted within ten months of the adoption of the register;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee for Foodstuffs.HAS ADOPTED THIS DECISION:
The register of flavouring substances annexed to this Decision is hereby adopted.
This Decision is addressed to the Member States.
Done at Brussels, 23 February 1999.
For the Commission
Martin BANGEMANN
Member of the Commission
(1) OJ L 299, 23.11.1996, p. 1.
Register of flavouring substances notified by the Member States pursuant to Article 3(1) of Regulation EC No 2232/96 of the European Parliament and of the Council of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs
In application of Article 3(1) of Regulation (EC) No 2232/96 of the European Parliament and of the Council of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs (1), the Commission has received from the Member States and from certain EFTA countries party to the EEA Agreement (2), lists of flavouring substances which currently are legally accepted on their territory and consequently should benefit from free circulation in application of the Treaty.
On the basis of the foregoing, the Commission, in application of Article 3(2) of the same Regulation, drafted the present Register which is to be adopted within one year after the end of the notification procedure and lists as an Annex the flavouring substances notified.
The main list has been divided into three distinct parts. Indeed, as none of the existing classification systems for chemicals covered the totality of the notified products, this separation was necessary. A fourth part lists those substances for which confidentiality has been requested by a Member State in order to protect the intellectual rights of the manufacturer.
This major section classifies the chemical substances following their CAS (3) numbers, insofar these had been attributed or made available.
Failing the CAS numbers, this second part makes reference to the CoE (4) coding system.
Only in the absence of the foregoing coding systems, a residual and limited set of substances had to be brought under this section. They were originally sorted alphabetically on the basis of their English common name. For the unique purpose of overcoming incoherence after translation they have been attributed a specific ad hoc number.
Part 4 lists a limited number of substances notified by one or more Member States in application of Article 3(2) last indent, which specifies that substances shall be designated in such a way as to protect the intellectual rights of their manufacturers. In other words, confidentiality has been requested on these flavourings, which explains why they are referred to under a coded form. A Commission communication (5) and recommendation (6) give guidance on the practical modalities for application of this provision. It must be observed that whilst only a limited number of accredited persons have access to the relevant information, the confidentiality of the data expires five years after the date of receipt of the notification. This confidential treatment does not affect in any way the application of legal obligations applicable to the flavouring substances in question. It must be stressed that in particular the obligations to bring on the market only those substances that do not constitute a danger to public health and to conform with the mandatory safety evaluation remain unaltered.
In part 1 to 3, Einecs (7) and FEMA (8) numbers are indicated, where available.
Specific remarks, under a numbered form are listed in the column ‘comments`. The explanation hereof is the following:
1. substance which, apart from its flavouring properties, is used for other purposes on or in foodstuffs, and, therefore, may be subject to additional legal provisions;
2. substance the use of which in certain Member States is subject to restrictive or prohibitive measures;
3. substance to be given priority evaluation;
4. substance on which additional information is to be submitted.

Pending: 31999D0179

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 880/92 of 23 March 1992 on a Community eco-label award scheme (1), and in particular the second subparagraph of Article 5(1) thereof,Whereas the first subparagraph of Article 5(1) of Regulation (EEC) No 880/92 provides that the conditions for the award of the Community eco-label shall be defined by product group;Whereas Article 10(2) of Regulation (EEC) No 880/92 states that the environmental performance of a product shall be assessed by reference to the specific criteria for product groups;Whereas in accordance with Article 6 of Regulation (EEC) No 880/92, the Commission has consulted the principal interest groups within a consultation forum;Whereas the measures set out in this Decision are in accordance with the opinion of the committee set up pursuant to Article 7 of Regulation (EEC) No 880/92,HAS ADOPTED THIS DECISION:

Article 1
The product group ‘footwear` (hereinafter referred to as ‘the product group`) shall mean:
‘All articles of clothing designed to protect or cover the foot, with a fixed outer sole which comes into contact with the ground`.

Article 2
The environmental performance and the fitness for use of the product group shall be assessed by reference to the specific ecological and fitness for use criteria set out in the Annex.

Article 3
The product group definition and the specific ecological criteria for the product group shall be valid for a period of three years from the first day of the month following the adoption of the criteria.

Article 4
For administrative purposes the product group code No assigned to this product group shall be ‘017`.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 17 February 1999.
For the Commission
Ritt BJERREGAARD
Member of the Commission
(1) OJ L 99, 11. 4. 1992, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 880/92 of 23 March 1992 on a Community eco-label award scheme (1), and in particular the second subparagraph of Article 5(1) thereof,Whereas the first subparagraph of Article 5(1) of Regulation (EEC) No 880/92 provides that the conditions for the award of the Community eco-label shall be defined by product group;Whereas Article 10(2) of Regulation (EEC) No 880/92 states that the environmental performance of a product shall be assessed by reference to the specific criteria for product groups;Whereas in accordance with Article 6 of Regulation (EEC) No 880/92, the Commission has consulted the principal interest groups within a consultation forum;Whereas the measures set out in this Decision are in accordance with the opinion of the committee set up pursuant to Article 7 of Regulation (EEC) No 880/92,HAS ADOPTED THIS DECISION:
The product group ‘footwear` (hereinafter referred to as ‘the product group`) shall mean:
‘All articles of clothing designed to protect or cover the foot, with a fixed outer sole which comes into contact with the ground`.
The environmental performance and the fitness for use of the product group shall be assessed by reference to the specific ecological and fitness for use criteria set out in the Annex.
The product group definition and the specific ecological criteria for the product group shall be valid for a period of three years from the first day of the month following the adoption of the criteria.
For administrative purposes the product group code No assigned to this product group shall be ‘017`.
This Decision is addressed to the Member States.
Done at Brussels, 17 February 1999.
For the Commission
Ritt BJERREGAARD
Member of the Commission
(1) OJ L 99, 11. 4. 1992, p. 1.
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. Where appropriate, other test methods may be used if their equivalence is accepted by the competent body assessing the application. 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.
These criteria aim in particular at limiting the levels of toxic residues and the emissions of volatile organic compounds, and at promoting a more durable product.
The functional unit is one pair of shoes. Requirements are based on shoe size 40 Paris point. For children’s shoes the requirements apply for a size 32 Paris point (or the largest size in the case of maximum sizes smaller than 32 Paris point).
ECOLOGICAL CRITERIA
1. Residues in the final product
(a) The average concentration of residues in the final product shall not exceed the following:
Test methods (test report required on application)
– Cr (VI): standard EN 420 (note that difficulties in measurement due to interferences may be encountered when analysing certain coloured leathers),
– Cd, Pb, As: analyses by atomic absorption spectroscopy (AAS) following digestion by strong acid.
Sample preparation:
(1) Separate the upper components from the bottom components,
(2) grind completely the upper components and the bottom components, keeping both separate,
(3) analyse a sample of each of these two preparations,
(4) the concentrations of the above substances in each of these two samples shall not exceed the above values.
(b) The amount of free and partially hydrolysable formaldehyde of the textile components of the footwear shall not exceed 75 ppm and of the leather components shall not exceed 150 ppm.
Test methods (test report required on application)
– textiles: Japan Law 112, SFS 4996 or Preniso 14184-1
– leather: IUC 94.50001 a or DIN 53315
2. Emissions from the production of material
The waste water from leather tanning sites shall be treated, either by an in-house or municipal waste water treatment plant/facility, so as to achieve a reduction of the COD content of at least 75 %.
Test method (test report and appropriate complementary data required on application)
COD: ISO 6060 water quality, determination of chemical oxygen demand
3. Use of harmful substances (up until purchase)
(a) Pentachlorphenol (PCP) and its salts and esters shall not be used.
Test method (for purposes of verification)
(b) No azo dyes shall be used that may cleave to any of the following aromatic amines:
Test method (for purposes of verification)
– textiles: German method B-82.02 or equivalent, limit 30 ppm. (Note that false positives are possible for 4-aminoazobenzene and confirmation is therefore recommended),
– leather: standard DIN 53316, limit 30 ppm. (Note that false positives are possible for 4-aminoazobenzene, 4-aminodiphenyl and 2-naphthylamine and confirmation is therefore recommended).
4. Use of volatile organic compounds (VOCs) during final assembly of shoes
The total use of VOCs during final footwear production, for the following categories, shall not exceed on average:
VOCs are any organic compound having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use.
The total use of VOCs during final shoe production shall be calculated as follows:
M(VOCtotal) = Ó (M(adhesives) × C(VOCa)) + Ó (A(finishes) × M(finishes) × C(VOCf))
Registration of purchased leather, adhesives, finishes and production of footwear over at least the last six months is required.
5. Electric components
The footwear shall not contain any electric or electronic components.
6. Packaging of the final product
(a) Where cardboard boxes are used for the final packaging of footwear, they shall be made from a minimum of 80 % recycled material.
(b) Where plastic bags are used for the final packaging of footwear, they shall be made from recycled material.
CONSUMER INFORMATION
7. User instructions
The following information shall be supplied with the product:
– these shoes have been treated to improve their water resistance. They do not require further treatment. (This criterion is applicable only to footwear that has been water-resistant treated),
– where possible repair your footwear rather than throw them away. This is less damaging to the environment.
FITNESS FOR USE CRITERIA
8. Parameters contributing to durability
Occupational and safety footwear must carry the CE mark (in accordance with Council Directive 89/686/EEC (1) on the approximation of the laws of the Member States relating to personal protective equipment). All other footwear must meet the requirements indicated in the table below (test report required on application). The parameters referred to are measured according to the following test methods:
In addition, specialist cold footwear shall meet the following requirements for water resistance: