ISSN 1725-2555 |
||
Official Journal of the European Union |
L 33 |
|
English edition |
Legislation |
Volume 49 |
|
|
Corrigenda |
|
|
* |
||
|
* |
||
|
* |
|
|
|
(1) Text with EEA relevance. |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Acts whose publication is obligatory
4.2.2006 |
EN |
Official Journal of the European Union |
L 33/1 |
REGULATION (EC) No 166/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 January 2006
concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
The Sixth Community Environment Action Programme adopted by Decision No 1600/2002/EC of the European Parliament and of the Council (3) requires supporting the provision of accessible information to citizens on the state and trends of the environment in relation to social, economic and health trends as well as the general raising of environmental awareness. |
(2) |
The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter ‘the Aarhus Convention’), signed by the European Community on 25 June 1998, recognises that increased public access to environmental information and the dissemination of such information contribute to a greater awareness of environmental matters, a free exchange of views, more effective participation by the public in environmental decision-making and, eventually, to a better environment. |
(3) |
Pollutant release and transfer registers (hereinafter ‘PRTRs’) are a cost-effective tool for encouraging improvements in environmental performance, for providing public access to information on releases of pollutants and off-site transfers of pollutants and waste, and for use in tracking trends, demonstrating progress in pollution reduction, monitoring compliance with certain international agreements, setting priorities and evaluating progress achieved through Community and national environmental policies and programmes. |
(4) |
An integrated and coherent PRTR gives the public, industry, scientists, insurance companies, local authorities, non-governmental organisations and other decision-makers a solid database for comparisons and future decisions in environmental matters. |
(5) |
On 21 May 2003 the European Community signed the UNECE Protocol on Pollutant Release and Transfer Registers (hereinafter ‘the Protocol’). Provisions of Community law should be consistent with that Protocol with a view to its conclusion by the Community. |
(6) |
A European Pollutant Emission Register (hereinafter ‘EPER’) was established by Commission Decision 2000/479/EC (4). The Protocol builds on the same principles as EPER, but goes beyond, by including reporting on more pollutants, more activities, releases to land, releases from diffuse sources and off-site transfers. |
(7) |
The objectives and goals pursued by a European PRTR can only be achieved if data are reliable and comparable. An adequate harmonisation of the data collection and transfer system is therefore needed to ensure the quality and comparability of data. In accordance with the Protocol the European PRTR should be designed for maximum ease of public access through the Internet. Releases and transfers should be easily identified in different aggregated and non-aggregated forms in order to access a maximum of information in a reasonable time. |
(8) |
In order to further promote the objective of supporting the provision of accessible information to citizens on the state and trends of the environment as well as the general raising of environmental awareness, the European PRTR should contain links to other similar databases in Member States, non-Member States and international organisations. |
(9) |
In accordance with the Protocol, the European PRTR should also contain information on specific waste disposal operations, to be reported as releases to land; recovery operations such as sludge and manure spreading are not reported under this category. |
(10) |
In order to achieve the objective of the European PRTR to provide reliable information to the public and to allow for knowledge-based decisions it is necessary to provide for reasonable but strict timeframes for data collection and reporting; this is particularly relevant for reporting by Member States to the Commission. |
(11) |
Reporting of releases from industrial facilities, although not yet always consistent, complete and comparable, is a well established procedure in many Member States. Where appropriate, reporting on releases from diffuse sources should be improved in order to enable decision-makers to better put into context those releases and to choose the most effective solution for pollution reduction. |
(12) |
Data reported by the Member States should be of high quality in particular as regards their completeness, consistency and credibility. It is of great importance to coordinate future efforts of both operators and Member States to improve the quality of the reported data. The Commission will therefore initiate work, together with the Member States, on quality assurance. |
(13) |
In accordance with the Aarhus Convention, the public should be granted access to the information contained in the European PRTR without an interest to be stated, primarily by ensuring that the European PRTR provides for direct electronic access through the Internet. |
(14) |
Access to information provided by the European PRTR should be unrestricted and exceptions from this rule should only be possible where explicitly granted by existing Community legislation. |
(15) |
In accordance with the Aarhus Convention, public participation should be ensured in the further development of the European PRTR by early and effective opportunities to submit comments, information, analysis or relevant opinions for the decision-making process. Applicants should be able to seek an administrative or judicial review of the acts or omissions of a public authority in relation to a request. |
(16) |
In order to enhance the usefulness and impact of the European PRTR, the Commission and the Member States should cooperate in developing guidance supporting the implementation of the European PRTR, in promoting awareness of the public and in providing appropriate and timely technical assistance. |
(17) |
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5). |
(18) |
Since the objective of the action to be taken, namely to enhance public access to environmental information through the establishment of an integrated, coherent Community-wide electronic database, cannot be sufficiently achieved by the Member States, because the need for comparability of data throughout the Member States argues for a high level of harmonisation, and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
(19) |
In order to simplify and streamline reporting requirements, Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (6) and Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (7) should be amended. |
(20) |
The European PRTR aims, among other things, at informing the public about important pollutant emissions due, in particular, to activities covered by Directive 96/61/EC. Consequently, under this Regulation, information should be provided to the public on emissions from installations covered by Annex I of that Directive. |
(21) |
To reduce duplicate reporting, pollutant release and transfer register systems may, under the Protocol, be integrated to the degree practicable with existing information sources such as reporting mechanisms under licences or operating permits. In accordance with the Protocol, the provisions of this Regulation should not affect the right of the Member States to maintain or introduce a more extensive or more publicly accessible pollutant release and transfer register than required under the Protocol, |
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation establishes an integrated pollutant release and transfer register at Community level (hereinafter ‘the European PRTR’) in the form of a publicly accessible electronic database and lays down rules for its functioning, in order to implement the UNECE Protocol on Pollutant Release and Transfer Registers (hereinafter ‘the Protocol’) and facilitate public participation in environmental decision-making, as well as contributing to the prevention and reduction of pollution of the environment.
Article 2
Definitions
For the purposes of this Regulation the following definitions shall apply:
(1) |
‘the public’ means one or more natural or legal persons, and, in accordance with national legislation or practice, their associations, organisations or groups; |
(2) |
‘competent authority’ means the national authority or authorities, or any other competent body or bodies, designated by the Member States; |
(3) |
‘installation’ means a stationary technical unit where one or more activities listed in Annex I are carried out, and any other directly associated activities which have a technical connection with the activities carried out on that site and which could have an effect on emissions and pollution; |
(4) |
‘facility’ means one or more installations on the same site that are operated by the same natural or legal person; |
(5) |
‘site’ means the geographical location of the facility; |
(6) |
‘operator’ means any natural or legal person who operates or controls the facility or, where this is provided for in national legislation, to whom decisive economic power over the technical functioning of the facility has been delegated; |
(7) |
‘reporting year’ means the calendar year for which data on releases of pollutants and off-site transfers must be gathered; |
(8) |
‘substance’ means any chemical element and its compounds, with the exception of radioactive substances; |
(9) |
‘pollutant’ means a substance or a group of substances that may be harmful to the environment or to human health on account of its properties and of its introduction into the environment; |
(10) |
‘release’ means any introduction of pollutants into the environment as a result of any human activity, whether deliberate or accidental, routine or non-routine, including spilling, emitting, discharging, injecting, disposing or dumping, or through sewer systems without final waste-water treatment; |
(11) |
‘off-site transfer’ means the movement beyond the boundaries of a facility of waste destined for recovery or disposal and of pollutants in waste water destined for waste-water treatment; |
(12) |
‘diffuse sources’ means the many smaller or scattered sources from which pollutants may be released to land, air or water, whose combined impact on those media may be significant and for which it is impractical to collect reports from each individual source; |
(13) |
‘waste’ means any substance or object as defined in Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste (8); |
(14) |
‘hazardous waste’ means any substance or object as defined in Article 1(4) of Directive 91/689/EEC; |
(15) |
‘waste water’ means urban, domestic and industrial waste water, as defined in Article 2(1), (2) and (3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (9), and any other used water which is subject, because of the substances or objects it contains, to regulation by Community law; |
(16) |
‘disposal’ means any of the operations provided for in Annex IIA to Directive 75/442/EEC; |
(17) |
‘recovery’ means any of the operations provided for in Annex IIB to Directive 75/442/EEC. |
Article 3
Content of the European PRTR
The European PRTR shall include information on:
(a) |
releases of pollutants referred to in Article 5(1)(a) that must be reported by the operators of the facilities carrying out the activities listed in Annex I; |
(b) |
off-site transfers of waste referred to in Article 5(1)(b) and of pollutants in waste water referred to in Article 5(1)(c), that must be reported by the operators of the facilities carrying out the activities listed in Annex I; |
(c) |
releases of pollutants from diffuse sources referred to in Article 8(1), where available. |
Article 4
Design and structure
1. The Commission shall publish the European PRTR, presenting the data in both aggregated and non-aggregated forms, so that releases and transfers can be searched for and identified by:
(a) |
facility, including the facility's parent company where applicable, and its geographical location, including the river basin; |
(b) |
activity; |
(c) |
occurrence at Member State or Community level; |
(d) |
pollutant or waste, as appropriate; |
(e) |
each environmental medium (air, water, land) into which the pollutant is released; |
(f) |
off-site transfers of waste and their destination, as appropriate; |
(g) |
off-site transfers of pollutants in waste water; |
(h) |
diffuse sources; |
(i) |
facility owner or operator. |
2. The European PRTR shall be designed for maximum ease of public access to allow the information, under normal operating conditions, to be continuously and readily accessible on the Internet and by other electronic means. Its design shall take into account the possibility of its future expansion and shall include all data reported for previous reporting years, up to at least the last ten previous reporting years.
3. The European PRTR shall include links to the following:
(a) |
the national PRTRs of Member States; |
(b) |
other relevant existing, publicly accessible databases on subject matters related to PRTRs, including national PRTRs of other Parties to the Protocol and, where feasible, those of other countries; |
(c) |
facilities' websites if they exist and links are volunteered by the facilities. |
Article 5
Reporting by operators
1. The operator of each facility that undertakes one or more of the activities specified in Annex I above the applicable capacity thresholds specified therein shall report the amounts annually to its competent authority, along with an indication of whether the information is based on measurement, calculation or estimation, of the following:
(a) |
releases to air, water and land of any pollutant specified in Annex II for which the applicable threshold value specified in Annex II is exceeded; |
(b) |
off-site transfers of hazardous waste exceeding 2 tonnes per year or of non hazardous waste exceeding 2 000 tonnes per year, for any operations of recovery or disposal with the exception of the disposal operations of land treatment and deep injection referred to in Article 6, indicating with ‘R’ or ‘D’ respectively whether the waste is destined for recovery or disposal and, for transboundary movements of hazardous waste, the name and address of the recoverer or the disposer of the waste and the actual recovery or disposal site; |
(c) |
off-site transfers of any pollutant specified in Annex II in waste water destined for waste-water treatment for which the threshold value specified in Annex II, column 1b is exceeded. |
The operator of each facility that undertakes one or more of the activities specified in Annex I above the applicable capacity thresholds specified therein shall communicate to its competent authority the information identifying the facility in accordance with Annex III unless that information is already available to the competent authority.
In the case of data indicated as being based on measurement or calculation the analytical method and/or the method of calculation shall be reported.
The releases referred to in Annex II reported under point (a) of this paragraph shall include all releases from all sources included in Annex I at the site of the facility.
2. The information referred to in paragraph 1 shall include information on releases and transfers resulting as totals of all deliberate, accidental, routine and non-routine activities.
In providing this information operators shall specify, where available, any data that relate to accidental releases.
3. The operator of each facility shall collect with appropriate frequency the information needed to determine which of the facility's releases and off-site transfers are subject to reporting requirements under paragraph 1.
4. When preparing the report, the operator concerned shall use the best available information, which may include monitoring data, emission factors, mass balance equations, indirect monitoring or other calculations, engineering judgements and other methods in line with Article 9(1) and in accordance with internationally approved methodologies, where these are available.
5. The operator of each facility concerned shall keep available for the competent authorities of the Member State the records of the data from which the reported information was derived for a period of five years, starting from the end of the reporting year concerned. These records shall also describe the methodology used for data gathering.
Article 6
Releases to land
Waste which is subject to ‘land treatment’ or ‘deep injection’ disposal operations, as specified in Annex IIA to Directive 75/442/EEC, shall be reported as a release to land only by the operator of the facility originating the waste.
Article 7
Reporting by Member States
1. The Member States shall determine, having regard to the requirements set out in paragraphs 2 and 3 of this Article, a date by which operators shall provide all the data referred to in Article 5(1) and (2) and the information referred to in Article 5(3), (4) and (5) to its competent authority.
2. Member States shall provide all the data referred to in Article 5(1) and (2) to the Commission by electronic transfer in the format set out in Annex III and within the following time-limits:
(a) |
for the first reporting year, within 18 months after the end of the reporting year; |
(b) |
for all reporting years thereafter, within 15 months after the end of the reporting year. |
The first reporting year shall be the year 2007.
3. The Commission, assisted by the European Environment Agency, shall incorporate the information reported by the Member States into the European PRTR within the following time-limits:
(a) |
for the first reporting year, within 21 months after the end of the reporting year; |
(b) |
for all reporting years thereafter, within 16 months after the end of the reporting year. |
Article 8
Releases from diffuse sources
1. The Commission, assisted by the European Environment Agency, shall include in the European PRTR information on releases from diffuse sources where such information exists and has already been reported by the Member States.
2. The information referred to in paragraph 1 shall be organised such as to allow users to search for and identify releases of pollutants from diffuse sources according to an adequate geographical disaggregation and shall include information on the type of methodology used to derive the information.
3. Where the Commission determines that no data on the releases from diffuse sources exist, it shall take measures to initiate reporting on releases of relevant pollutants from one or more diffuse sources in accordance with the procedure referred to in Article 19(2), using internationally approved methodologies where appropriate.
Article 9
Quality assurance and assessment
1. The operator of each facility subject to the reporting requirements set out in Article 5 shall assure the quality of the information that they report.
2. The competent authorities shall assess the quality of the data provided by the operators of the facilities referred to in paragraph 1, in particular as to their completeness, consistency and credibility.
3. The Commission shall coordinate work on quality assurance and quality assessment in consultation with the Committee referred to in Article 19(1).
4. The Commission may adopt guidelines for the monitoring and reporting of emissions in accordance with the procedure referred to in Article 19(2). These guidelines shall be in accordance with internationally approved methodologies, where appropriate, and shall be consistent with other Community legislation.
Article 10
Access to information
1. The Commission, assisted by the European Environment Agency, shall make the European PRTR publicly accessible by dissemination free of charge on the Internet in accordance with the timeframe set out in Article 7(3).
2. Where the information contained in the European PRTR is not easily accessible to the public by direct electronic means, the Member State concerned and the Commission shall facilitate electronic access to the European PRTR in publicly accessible locations.
Article 11
Confidentiality
Whenever information is kept confidential by a Member State in accordance with Article 4 of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (10), the Member State shall, in its report under Article 7(2) of this Regulation for the reporting year concerned, indicate separately for each facility claiming confidentiality the type of information that has been withheld and the reason for which it has been withheld.
Article 12
Public participation
1. The Commission shall provide the public with early and effective opportunities to participate in the further development of the European PRTR, including capacity-building and the preparation of amendments to this Regulation.
2. The public shall have the opportunity to submit any relevant comments, information, analyses or opinions within a reasonable timeframe.
3. The Commission shall take due account of such input and shall inform the public about the outcome of the public participation.
Article 13
Access to justice
Access to justice in matters relating to public access to environmental information shall be ensured in accordance with Article 6 of Directive 2003/4/EC and, where the institutions of the Community are involved, in accordance with Articles 6, 7 and 8 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (11).
Article 14
Guidance document
1. The Commission shall draw up a guidance document supporting the implementation of the European PRTR as soon as possible but no later than four months before the beginning of the first reporting year and in consultation with the Committee referred to in Article 19(1).
2. The guidance document for implementation of the European PRTR shall address in particular details on the following:
(a) |
reporting procedures; |
(b) |
the data to be reported; |
(c) |
quality assurance and assessment; |
(d) |
indication of type of withheld data and reasons why they were withheld in the case of confidential data; |
(e) |
reference to internationally approved release determination and analytical methods, sampling methodologies; |
(f) |
indication of parent companies; |
(g) |
coding of activities according to Annex I to this Regulation and to Directive 96/61/EC. |
Article 15
Awareness raising
The Commission and the Member States shall promote awareness of the public of the European PRTR and shall ensure that assistance is provided in accessing the European PRTR and in understanding and using the information contained in it.
Article 16
Additional information to be reported by the Member States
1. Member States shall, in a single report based on the information from the last three reporting years to be delivered every three years together with the data provided in accordance with Article 7, inform the Commission on practice and measures taken regarding the following:
(a) |
requirements according to Article 5; |
(b) |
quality assurance and assessment according to Article 9; |
(c) |
access to information according to Article 10(2); |
(d) |
awareness raising activities according to Article 15; |
(e) |
confidentiality of information according to Article 11; |
(f) |
penalties provided for according to Article 20 and experience with their application. |
2. To facilitate the reporting by Member States referred to in paragraph 1 the Commission shall submit a proposal for a questionnaire, which shall be adopted in accordance with the procedure referred to in Article 19(2).
Article 17
Review by the Commission
1. The Commission shall review the information provided by Member States according to Article 7 and after consultation with the Member States shall publish a report every three years based on the information from the last three reporting years available, six months after the presentation of this information on the Internet.
2. This report shall be submitted to the European Parliament and the Council, together with an assessment of the operation of the European PRTR.
Article 18
Amendments to the Annexes
Any amendment necessary for adapting:
(a) |
Annexes II or III to this Regulation to scientific or technical progress, or |
(b) |
Annexes II and III to this Regulation as a result of the adoption by the Meeting of the Parties to the Protocol of any amendment to the Annexes to the Protocol, |
shall be adopted in accordance with the procedure referred to in Article 19(2).
Article 19
Committee Procedure
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 20
Penalties
1. Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
2. The Member States shall notify those provisions to the Commission one year after entry into force of this Regulation at the latest and shall notify it without delay of any subsequent amendment affecting them.
Article 21
Amendments to Directives 91/689/EEC and 96/61/EC
1. Article 8(3) of Directive 91/689/EEC shall be deleted.
2. Article 15(3) of Directive 96/61/EC shall be deleted.
Article 22
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 18 January 2006.
For the European Parliament
The President
J. BORRELL FONTELLES
For the Council
The President
H. WINKLER
(1) Opinion of 6 April 2005 (not yet published in the Official Journal).
(2) Opinion of the European Parliament of 6 July 2005 (not yet published in the Official Journal) and Decision of the Council of 2 December 2005.
(3) OJ L 242, 10.9.2002, p. 1.
(4) OJ L 192, 28.7.2000, p. 36.
(5) OJ L 184, 17.7.1999, p. 23.
(6) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).
(7) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(8) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003.
(9) OJ L 135, 30.5.1991, p. 40. Directive as last amended by Regulation (EC) No 1882/2003.
(10) OJ L 41, 14.2.2003, p. 26.
(11) OJ L 145, 31.5.2001, p. 43.
ANNEX I
Activities
No |
Activity |
Capacity threshold |
||||||||||||||||||||||
1. |
Energy sector |
|
||||||||||||||||||||||
(a) |
Mineral oil and gas refineries |
* (1) |
||||||||||||||||||||||
(b) |
Installations for gasification and liquefaction |
* |
||||||||||||||||||||||
(c) |
Thermal power stations and other combustion installations |
With a heat input of 50 megawatts (MW) |
||||||||||||||||||||||
(d) |
Coke ovens |
* |
||||||||||||||||||||||
(e) |
Coal rolling mills |
With a capacity of 1 tonne per hour |
||||||||||||||||||||||
(f) |
Installations for the manufacture of coal products and solid smokeless fuel |
* |
||||||||||||||||||||||
2. |
Production and processing of metals |
|
||||||||||||||||||||||
(a) |
Metal ore (including sulphide ore) roasting or sintering installations |
* |
||||||||||||||||||||||
(b) |
Installations for the production of pig iron or steel (primary or secondary melting) including continuous casting |
With a capacity of 2,5 tonnes per hour |
||||||||||||||||||||||
(c) |
Installations for the processing of ferrous metals: |
|
||||||||||||||||||||||
|
With a capacity of 20 tonnes of crude steel per hour |
|||||||||||||||||||||||
|
With an energy of 50 kilojoules per hammer, where the calorific power used exceeds 20 MW |
|||||||||||||||||||||||
|
With an input of 2 tonnes of crude steel per hour |
|||||||||||||||||||||||
(d) |
Ferrous metal foundries |
With a production capacity of 20 tonnes per day |
||||||||||||||||||||||
(e) |
Installations: |
|
||||||||||||||||||||||
|
* |
|||||||||||||||||||||||
|
With a melting capacity of 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals |
|||||||||||||||||||||||
(f) |
Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process |
Where the volume of the treatment vats equals 30 m3 |
||||||||||||||||||||||
3. |
Mineral industry |
|
||||||||||||||||||||||
(a) |
Underground mining and related operations |
* |
||||||||||||||||||||||
(b) |
Opencast mining and quarrying |
Where the surface of the area effectively under extractive operation equals 25 hectares |
||||||||||||||||||||||
(c) |
Installations for the production of: |
|
||||||||||||||||||||||
|
With a production capacity of 500 tonnes per day |
|||||||||||||||||||||||
|
With a production capacity of 50 tonnes per day |
|||||||||||||||||||||||
|
With a production capacity of 50 tonnes per day |
|||||||||||||||||||||||
(d) |
Installations for the production of asbestos and the manufacture of asbestos-based products |
* |
||||||||||||||||||||||
(e) |
Installations for the manufacture of glass, including glass fibre |
With a melting capacity of 20 tonnes per day |
||||||||||||||||||||||
(f) |
Installations for melting mineral substances, including the production of mineral fibres |
With a melting capacity of 20 tonnes per day |
||||||||||||||||||||||
(g) |
Installations for the manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain |
With a production capacity of 75 tonnes per day, or with a kiln capacity of 4 m3 and with a setting density per kiln of 300 kg/m3 |
||||||||||||||||||||||
4. |
Chemical industry |
|
||||||||||||||||||||||
(a) |
Chemical installations for the production on an industrial scale of basic organic chemicals, such as:
|
* |
||||||||||||||||||||||
(b) |
Chemical installations for the production on an industrial scale of basic inorganic chemicals, such as:
|
* |
||||||||||||||||||||||
(c) |
Chemical installations for the production on an industrial scale of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers) |
* |
||||||||||||||||||||||
(d) |
Chemical installations for the production on an industrial scale of basic plant health products and of biocides |
* |
||||||||||||||||||||||
(e) |
Installations using a chemical or biological process for the production on an industrial scale of basic pharmaceutical products |
* |
||||||||||||||||||||||
(f) |
Installations for the production on an industrial scale of explosives and pyrotechnic products |
* |
||||||||||||||||||||||
5. |
Waste and wastewater management |
|
||||||||||||||||||||||
(a) |
Installations for the recovery or disposal of hazardous waste |
Receiving 10 tonnes per day |
||||||||||||||||||||||
(b) |
Installations for the incineration of non-hazardous waste in the scope of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (2) |
With a capacity of 3 tonnes per hour |
||||||||||||||||||||||
(c) |
Installations for the disposal of non-hazardous waste |
With a capacity of 50 tonnes per day |
||||||||||||||||||||||
(d) |
Landfills (excluding landfills of inert waste and landfills, which were definitely closed before 16.7.2001 or for which the after-care phase required by the competent authorities according to Article 13 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (3) has expired) |
Receiving 10 tonnes per day or with a total capacity of 25 000 tonnes |
||||||||||||||||||||||
(e) |
Installations for the disposal or recycling of animal carcasses and animal waste |
With a treatment capacity of 10 tonnes per day |
||||||||||||||||||||||
(f) |
Urban waste-water treatment plants |
With a capacity of 100 000 population equivalents |
||||||||||||||||||||||
(g) |
Independently operated industrial waste-water treatment plants which serve one or more activities of this annex |
With a capacity of 10 000 m3 per day (4) |
||||||||||||||||||||||
6. |
Paper and wood production and processing |
|
||||||||||||||||||||||
(a) |
Industrial plants for the production of pulp from timber or similar fibrous materials |
* |
||||||||||||||||||||||
(b) |
Industrial plants for the production of paper and board and other primary wood products (such as chipboard, fibreboard and plywood) |
With a production capacity of 20 tonnes per day |
||||||||||||||||||||||
(c) |
Industrial plants for the preservation of wood and wood products with chemicals |
With a production capacity of 50 m3 per day |
||||||||||||||||||||||
7. |
Intensive livestock production and aquaculture |
|
||||||||||||||||||||||
(a) |
Installations for the intensive rearing of poultry or pigs |
|
||||||||||||||||||||||
(b) |
Intensive aquaculture |
With a production capacity of 1 000 tonnes of fish or shellfish per year |
||||||||||||||||||||||
8. |
Animal and vegetable products from the food and beverage sector |
|
||||||||||||||||||||||
(a) |
Slaughterhouses |
With a carcass production capacity of 50 tonnes per day |
||||||||||||||||||||||
(b) |
Treatment and processing intended for the production of food and beverage products from: |
|
||||||||||||||||||||||
|
With a finished product production capacity of 75 tonnes per day |
|||||||||||||||||||||||
|
With a finished product production capacity of 300 tonnes per day (average value on a quarterly basis) |
|||||||||||||||||||||||
(c) |
Treatment and processing of milk |
With a capacity to receive 200 tonnes of milk per day (average value on an annual basis) |
||||||||||||||||||||||
9. |
Other activities |
|
||||||||||||||||||||||
(a) |
Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles |
With a treatment capacity of 10 tonnes per day |
||||||||||||||||||||||
(b) |
Plants for the tanning of hides and skins |
With a treatment capacity of 12 tonnes of finished product per day |
||||||||||||||||||||||
(c) |
Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating |
With a consumption capacity of 150 kg per hour or 200 tonnes per year |
||||||||||||||||||||||
(d) |
Installations for the production of carbon (hard-burnt coal) or electro-graphite by means of incineration or graphitisation |
* |
||||||||||||||||||||||
(e) |
Installations for the building of, and painting or removal of paint from ships |
With a capacity for ships 100 m long |
(1) An asterisk (*) indicates that no capacity threshold is applicable (all facilities are subject to reporting).
(2) OJ L 332, 28.12.2000, p. 91.
(3) OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC) No 1882/2003.
(4) The capacity threshold shall be reviewed by 2010 at the latest in the light of the results of the first reporting cycle.
ANNEX II
Pollutants (1)
No |
CAS number |
Pollutant (2) |
Threshold for releases (column 1) |
||
to air (column 1a) kg/year |
to water (column 1b) kg/year |
to land (column 1c) kg/year |
|||
1 |
74-82-8 |
Methane (CH4) |
100 000 |
— (3) |
— |
2 |
630-08-0 |
Carbon monoxide (CO) |
500 000 |
— |
— |
3 |
124-38-9 |
Carbon dioxide (CO2) |
100 million |
— |
— |
4 |
|
Hydro-fluorocarbons (HFCs) (4) |
100 |
— |
— |
5 |
10024-97-2 |
Nitrous oxide (N2O) |
10 000 |
— |
— |
6 |
7664-41-7 |
Ammonia (NH3) |
10 000 |
— |
— |
7 |
|
Non-methane volatile organic compounds (NMVOC) |
100 000 |
— |
— |
8 |
|
Nitrogen oxides (NOx/NO2) |
100 000 |
— |
— |
9 |
|
Perfluorocarbons (PFCs) (5) |
100 |
— |
— |
10 |
2551-62-4 |
Sulphur hexafluoride (SF6) |
50 |
— |
— |
11 |
|
Sulphur oxides (SOx/SO2) |
150 000 |
— |
— |
12 |
|
Total nitrogen |
— |
50 000 |
50 000 |
13 |
|
Total phosphorus |
— |
5 000 |
5 000 |
14 |
|
Hydrochlorofluorocarbons (HCFCs) (6) |
1 |
— |
— |
15 |
|
Chlorofluorocarbons (CFCs) (7) |
1 |
— |
— |
16 |
|
Halons (8) |
1 |
— |
— |
17 |
|
Arsenic and compounds (as As) (9) |
20 |
5 |
5 |
18 |
|
Cadmium and compounds (as Cd) (9) |
10 |
5 |
5 |
19 |
|
Chromium and compounds (as Cr) (9) |
100 |
50 |
50 |
20 |
|
Copper and compounds (as Cu) (9) |
100 |
50 |
50 |
21 |
|
Mercury and compounds (as Hg) (9) |
10 |
1 |
1 |
22 |
|
Nickel and compounds (as Ni) (9) |
50 |
20 |
20 |
23 |
|
Lead and compounds (as Pb) (9) |
200 |
20 |
20 |
24 |
|
Zinc and compounds (as Zn) (9) |
200 |
100 |
100 |
25 |
15972-60-8 |
Alachlor |
— |
1 |
1 |
26 |
309-00-2 |
Aldrin |
1 |
1 |
1 |
27 |
1912-24-9 |
Atrazine |
— |
1 |
1 |
28 |
57-74-9 |
Chlordane |
1 |
1 |
1 |
29 |
143-50-0 |
Chlordecone |
1 |
1 |
1 |
30 |
470-90-6 |
Chlorfenvinphos |
— |
1 |
1 |
31 |
85535-84-8 |
Chloro-alkanes, C10-C13 |
— |
1 |
1 |
32 |
2921-88-2 |
Chlorpyrifos |
— |
1 |
1 |
33 |
50-29-3 |
DDT |
1 |
1 |
1 |
34 |
107-06-2 |
1,2-dichloroethane (EDC) |
1 000 |
10 |
10 |
35 |
75-09-2 |
Dichloromethane (DCM) |
1 000 |
10 |
10 |
36 |
60-57-1 |
Dieldrin |
1 |
1 |
1 |
37 |
330-54-1 |
Diuron |
— |
1 |
1 |
38 |
115-29-7 |
Endosulphan |
— |
1 |
1 |
39 |
72-20-8 |
Endrin |
1 |
1 |
1 |
40 |
|
Halogenated organic compounds (as AOX) (10) |
— |
1 000 |
1 000 |
41 |
76-44-8 |
Heptachlor |
1 |
1 |
1 |
42 |
118-74-1 |
Hexachlorobenzene (HCB) |
10 |
1 |
1 |
43 |
87-68-3 |
Hexachlorobutadiene (HCBD) |
— |
1 |
1 |
44 |
608-73-1 |
1,2,3,4,5,6-hexachlorocyclohexane(HCH) |
10 |
1 |
1 |
45 |
58-89-9 |
Lindane |
1 |
1 |
1 |
46 |
2385-85-5 |
Mirex |
1 |
1 |
1 |
47 |
|
PCDD + PCDF (dioxins + furans) (as Teq) (11) |
0,0001 |
0,0001 |
0,0001 |
48 |
608-93-5 |
Pentachlorobenzene |
1 |
1 |
1 |
49 |
87-86-5 |
Pentachlorophenol (PCP) |
10 |
1 |
1 |
50 |
1336-36-3 |
Polychlorinated biphenyls (PCBs) |
0,1 |
0,1 |
0,1 |
51 |
122-34-9 |
Simazine |
— |
1 |
1 |
52 |
127-18-4 |
Tetrachloroethylene (PER) |
2 000 |
10 |
— |
53 |
56-23-5 |
Tetrachloromethane (TCM) |
100 |
1 |
— |
54 |
12002-48-1 |
Trichlorobenzenes (TCBs) (all isomers) |
10 |
1 |
— |
55 |
71-55-6 |
1,1,1-trichloroethane |
100 |
— |
— |
56 |
79-34-5 |
1,1,2,2-tetrachloroethane |
50 |
— |
— |
57 |
79-01-6 |
Trichloroethylene |
2 000 |
10 |
— |
58 |
67-66-3 |
Trichloromethane |
500 |
10 |
— |
59 |
8001-35-2 |
Toxaphene |
1 |
1 |
1 |
60 |
75-01-4 |
Vinyl chloride |
1 000 |
10 |
10 |
61 |
120-12-7 |
Anthracene |
50 |
1 |
1 |
62 |
71-43-2 |
Benzene |
1 000 |
200 (as BTEX) (12) |
200 (as BTEX) (12) |
63 |
|
Brominated diphenylethers (PBDE) (13) |
— |
1 |
1 |
64 |
|
Nonylphenol and Nonylphenol ethoxylates (NP/NPEs) |
— |
1 |
1 |
65 |
100-41-4 |
Ethyl benzene |
— |
200 (as BTEX) (12) |
200 (as BTEX) (12) |
66 |
75-21-8 |
Ethylene oxide |
1 000 |
10 |
10 |
67 |
34123-59-6 |
Isoproturon |
— |
1 |
1 |
68 |
91-20-3 |
Naphthalene |
100 |
10 |
10 |
69 |
|
Organotin compounds(as total Sn) |
— |
50 |
50 |
70 |
117-81-7 |
Di-(2-ethyl hexyl) phthalate (DEHP) |
10 |
1 |
1 |
71 |
108-95-2 |
Phenols (as total C) (14) |
— |
20 |
20 |
72 |
|
Polycyclic aromatic hydrocarbons (PAHs) (15) |
50 |
5 |
5 |
73 |
108-88-3 |
Toluene |
— |
200 (as BTEX) (12) |
200 (as BTEX) (12) |
74 |
|
Tributyltin and compounds (16) |
— |
1 |
1 |
75 |
|
Triphenyltin and compounds (17) |
— |
1 |
1 |
76 |
|
Total organic carbon (TOC) (as total C or COD/3) |
— |
50 000 |
— |
77 |
1582-09-8 |
Trifluralin |
— |
1 |
1 |
78 |
1330-20-7 |
Xylenes (18) |
— |
200 (as BTEX) (12) |
200 (as BTEX) (12) |
79 |
|
Chlorides (as total Cl) |
— |
2 million |
2 million |
80 |
|
Chlorine and inorganic compounds (as HCl) |
10 000 |
— |
— |
81 |
1332-21-4 |
Asbestos |
1 |
1 |
1 |
82 |
|
Cyanides (as total CN) |
— |
50 |
50 |
83 |
|
Fluorides (as total F) |
— |
2 000 |
2 000 |
84 |
|
Fluorine and inorganic compounds (as HF) |
5 000 |
— |
— |
85 |
74-90-8 |
Hydrogen cyanide (HCN) |
200 |
— |
— |
86 |
|
Particulate matter (PM10) |
50 000 |
— |
— |
87 |
1806-26-4 |
Octylphenols and Octylphenol ethoxylates |
— |
1 |
— |
88 |
206-44-0 |
Fluoranthene |
— |
1 |
— |
89 |
465-73-6 |
Isodrin |
— |
1 |
— |
90 |
36355-1-8 |
Hexabromobiphenyl |
0,1 |
0,1 |
0,1 |
91 |
191-24-2 |
Benzo(g,h,i)perylene |
|
1 |
|
(1) Releases of pollutants falling into several categories of pollutants shall be reported for each of these categories.
(2) Unless otherwise specified any pollutant specified in Annex II shall be reported as the total mass of that pollutant or, where the pollutant is a group of substances, as the total mass of the group.
(3) A hyphen (—) indicates that the parameter and medium in question do not trigger a reporting requirement.
(4) Total mass of hydrogen fluorocarbons: sum of HFC23, HFC32, HFC41, HFC4310mee, HFC125, HFC134, HFC134a, HFC152a, HFC143, HFC143a, HFC227ea, HFC236fa, HFC245ca, HFC365mfc.
(5) Total mass of perfluorocarbons: sum of CF4, C2F6, C3F8, C4F10, c-C4F8, C5F12, C6F14.
(6) Total mass of substances including their isomers listed in Group VIII of Annex I to Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ L 244, 29.9.2000, p. 1). Regulation as amended by Regulation (EC) No 1804/2003 (OJ L 265, 16.10.2003, p. 1).
(7) Total mass of substances including their isomers listed in Group I and II of Annex I to Regulation (EC) No 2037/2000.
(8) Total mass of substances including their isomers listed in Group III and VI of Annex I to Regulation (EC) No 2037/2000.
(9) All metals shall be reported as the total mass of the element in all chemical forms present in the release.
(10) Halogenated organic compounds which can be adsorbed to activated carbon expressed as chloride.
(11) Expressed as I-TEQ.
(12) Single pollutants are to be reported if the threshold for BTEX (the sum parameter of benzene, toluene, ethyl benzene, xylenes) is exceeded.
(13) Total mass of the following brominated diphenylethers: penta-BDE, octa-BDE and deca-BDE.
(14) Total mass of phenol and simple substituted phenols expressed as total carbon.
(15) Polycyclic aromatic hydrocarbons (PAHs) are to be measured for reporting of releases to air as benzo(a)pyrene (50-32-8), benzo(b)fluoranthene (205-99-2), benzo(k)fluoranthene (207-08-9), indeno(1,2,3-cd)pyrene (193-39-5) (derived from Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants (OJ L 229, 29.6.2004, p. 5)).
(16) Total mass of tributyltin compounds, expressed as mass of tributyltin.
(17) Total mass of triphenyltin compounds, expressed as mass of triphenyltin.
(18) Total mass of xylene (ortho-xylene, meta-xylene, para-xylene).
ANNEX III
Format for the reporting of release and transfer data by Member States to the Commission
Reference year |
|
|
Identification of the facility |
|
|
Name of the parent company Name of the facility Identification number of facility Street address Town/village Postal code Country Coordinates of the location River basin district (1) NACE-code (4 digits) Main economic activity Production volume (optional) Number of installations (optional) Number of operating hours in year (optional) Number of employees (optional) Text field for textual information or website address delivered by facility or parent company (optional) |
|
|
All Annex I activities of the facility (according to the coding system given in Annex I and the IPPC code where available) |
|
|
Activity 1 (main Annex I activity) Activity 2 Activity N |
|
|
Release data to air for the facility for each pollutant exceeding threshold value (according to Annex II) |
Releases to air |
|
Pollutant 1 Pollutant 2 Pollutant N |
M: measured; Analytical Method used C: calculated; Calculation Method used E: estimated |
T: Total in kg/year A: accidental in kg/year |
Release data to water for the facility for each pollutant exceeding threshold value (according to Annex II) |
Releases to water |
|
Pollutant 1 Pollutant 2 Pollutant N |
M: measured; Analytical Method used C: calculated; Calculation Method used E: estimated |
T: Total in kg/year A: accidental in kg/year |
Release data to land for the facility for each pollutant exceeding threshold value (according to Annex II) |
Releases to land |
|
Pollutant 1 Pollutant 2 Pollutant N |
M: measured; Analytical Method used C: calculated; Calculation Method used E: estimated |
T: Total in kg/year A: accidental in kg/year |
Off-site transfer of each pollutant destined for waste-water treatment in quantities exceeding threshold value (according to Annex II) |
|
|
Pollutant 1 Pollutant 2 Pollutant N |
M: measured; Analytical Method used C: calculated; Calculation Method used E: estimated |
in kg/year |
Off-site transfers of hazardous waste for the facility exceeding threshold value (according to Article 5) |
||
Within the country: For Recovery (R) |
M: measured; Analytical Method used C: calculated; Calculation Method used E: estimated |
in tonnes/year |
Within the country: For Disposal (D) |
M: measured; Analytical Method used C: calculated; Calculation Method used E: estimated |
in tonnes/year |
To other countries: For Recovery (R) Name of the recoverer Address of the recoverer Address of actual recovery site receiving the transfer |
M: measured; Analytical Method used C: calculated; Calculation Method used E: estimated |
in tonnes/year |
To other countries: For Disposal (D) Name of the disposer Address of the disposer Address of actual disposal site receiving the transfer |
M: measured; Analytical Method used C: calculated; Calculation Method used E: estimated |
in tonnes/year |
Off-site transfer of non-hazardous waste for the facility exceeding threshold value (according to Article 5) |
||
For Recovery (R) |
M: measured; Analytical Method used C: calculated; Calculation Method used E: estimated |
in tonnes/year |
For Disposal (D) |
M: measured; Analytical Method used C: calculated; Calculation Method used E: estimated |
in tonnes/year |
Competent authority for requests of the public: Name Street address Town/village Telephone No Fax No E-mail address |
|
(1) According to Article 3(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).
4.2.2006 |
EN |
Official Journal of the European Union |
L 33/18 |
DECISION No 167/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 January 2006
concerning the activities of certain third countries in the field of cargo shipping
(codified version)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
Council Decision 78/774/EEC of 19 September 1978 concerning the activities of certain third countries in the field of cargo shipping (3) has been substantially amended (4). In the interests of clarity and rationalisation the said Decision should be codified. |
(2) |
Information systems should be established to enable the Community institutions to be kept informed of the activities of the fleets of third countries whose practices are harmful to the shipping interests of the Member States and in particular in so far as those activities adversely affect the competitive participation of the fleets of Member States in international maritime trade. Those information systems must facilitate consultation at Community level. |
(3) |
The possibility should be provided for the necessary measures to be adopted at Community level for the joint exercise by Member States of their powers to adopt counter-measures in respect of the cargo shipping activities of certain third countries, |
HAVE ADOPTED THIS DECISION:
Article 1
Each Member State shall take all the necessary measures to institute a system allowing it to collect information on the activities of the fleets of third countries whose practices are harmful to the shipping interests of the Member States and in particular in so far as those activities adversely affect the competitive participation of the fleets of Member States in international maritime trade.
That system must enable each Member State, to the extent necessary to attain the objectives referred to in the first paragraph, to collect information on:
(a) |
the level of cargo shipping services offered; |
(b) |
the nature, volume, value, origin and destination of goods loaded or unloaded in the Member States concerned by the ships engaged in these services; and |
(c) |
the level of tariffs charged for such services. |
Article 2
1. The Council, acting by qualified majority, shall decide to which third countries' fleets the information system is to be jointly applied.
2. The decision referred to in paragraph 1 shall specify the type of cargo shipping to which the information system is to apply, the date of its introduction, the intervals at which the information is to be provided and which of the types of information listed in the second paragraph of Article 1 are to be collected.
3. Each Member State shall forward to the Commission, periodically or at the request of the latter, the information produced by its information system.
4. The Commission shall collate the information for the Community as a whole. Article 4 of Council Decision 77/587/EEC of 13 September 1977 setting up a consultation procedure on relations between Member States and third countries in shipping matters and on action relating to such matters in international organisations (5) shall apply to that information.
Article 3
The Member States and the Commission shall examine regularly, within the framework of the consultation procedure established by Decision 77/587/EEC and on the basis inter alia of the information produced by the information system referred to in Article 1, the activities of the fleets of the third countries specified in the decisions referred to in Article 2(1).
Article 4
The Council, acting unanimously, may decide on the joint application by Member States, in their relations with a third country or group of third countries regarding which a decision referred to in Article 2(1) has been adopted, of appropriate counter-measures forming part of their national legislation.
Article 5
The Member States shall retain the right to apply unilaterally their national information systems and counter-measures.
Article 6
Decision 78/774/EEC is hereby repealed, without prejudice to the obligations of the Member States with regard to time-limits for implementing that Decision.
References made to the repealed Decision shall be construed as being made to this Decision and should be read in accordance with the correlation table in Annex II.
Article 7
This Decision is addressed to the Member States.
Done at Strasbourg, 18 January 2006.
For the Parliament
The President
J. BORRELL FONTELLES
For the Council
The President
H. WINKLER
(1) OJ C 110, 30.4.2004, p. 14.
(2) Opinion of the European Parliament of 9 March 2004 (OJ C 102 E, 28.4.2004, p. 107) and Decision of the Council of 20 December 2005.
(3) OJ L 258, 21.9.1978, p. 35. Decision as amended by Decision 89/242/EEC (OJ L 97, 11.4.1989, p. 47).
(4) See Annex I.
(5) OJ L 239, 17.9.1977, p. 23.
ANNEX I
Repealed Decision with its amendment
Council Decision 78/774/EEC |
|
Council Decision 89/242/EEC |
ANNEX II
Correlation table
Decision 78/774/EEC |
This Decision |
Article 1(1) |
Article 1, first paragraph |
Article 1(2), introductory phrase |
Article 1, second paragraph, introductory phrase |
Article 1(2), first indent |
Article 1, second paragraph, point (a) |
Article 1(2), second indent |
Article 1, second paragraph, point (b) |
Article 1(2), third indent |
Article 1, second paragraph, point (c) |
Articles 2 to 5 |
Articles 2 to 5 |
Article 6 |
— |
— |
Article 6 |
Article 7 |
Article 7 |
— |
Annex I |
— |
Annex II |
4.2.2006 |
EN |
Official Journal of the European Union |
L 33/22 |
DIRECTIVE 2005/89/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 January 2006
concerning measures to safeguard security of electricity supply and infrastructure investment
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity (3), has made a very important contribution towards the creation of the internal market for electricity. The guarantee of a high level of security of electricity supply is a key objective for the successful operation of the internal market and that Directive gives the Member States the possibility of imposing public service obligations on electricity undertakings, inter alia, in relation to security of supply. Those public service obligations should be defined as precisely and strictly as possible, and should not result in the creation of generation capacity that goes beyond what is necessary to prevent undue interruption of distribution of electricity to final customers. |
(2) |
Demand for electricity is usually forecast over a medium-term period on the basis of scenarios elaborated by transmission system operators or by other organisations capable of constructing them at the request of a Member State. |
(3) |
A competitive single EU electricity market necessitates transparent and non-discriminatory policies on security of electricity supply compatible with the requirements of such a market. The absence of such policies in individual Member States, or significant differences between the policies of the Member States would lead to distortions of competition. The definition of clear roles and responsibilities of the competent authorities, as well as of Member States themselves and all relevant market actors, is therefore crucial in safeguarding security of electricity supply and the proper functioning of the internal market while at the same time avoiding creating obstacles to market entrants, such as companies generating or supplying electricity in a Member State that have recently started their operations in that Member State, and avoiding creating distortions of the internal market for electricity or significant difficulties for market actors, including companies with small market shares, such as generators or suppliers with a very small share in the relevant Community market. |
(4) |
Decision No 1229/2003/EC of the European Parliament and of the Council (4), sets out a series of guidelines for Community policy on trans-European energy networks. Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (5) sets out, inter alia, the general principles and detailed rules relating to congestion management. |
(5) |
When promoting electricity from renewable energy sources, it is necessary to ensure the availability of associated back-up capacity, where technically necessary, in order to maintain the reliability and security of the network. |
(6) |
In order to meet the Community’s environmental commitments and to reduce its dependence on imported energy, it is important to take account of the long-term effects of growth of electricity demand. |
(7) |
Cooperation between national transmission system operators in issues relating to network security including definition of transfer capacity, information provision and network modelling is vital to the development of a well-functioning internal market and could be further improved. A lack of coordination regarding network security is detrimental to the development of equal conditions for competition. |
(8) |
The main intention of the relevant technical rules and recommendations, such as those contained in the Union for the Coordination of Transmission of Electricity (UCTE) Operation handbook, similar rules and recommendations developed by Nordel, the Baltic Grid Code and those for the United Kingdom and Irish systems, is to provide support for the technical operation of the interconnected network, thus contributing to meeting the need for continued operation of the network in the event of system failure at an individual point or points in the network and minimising the costs related to mitigating such supply disruption. |
(9) |
Transmission and distribution system operators should be required to deliver a high level of service to final customers in terms of the frequency and duration of interruptions. |
(10) |
Measures which may be used to ensure that appropriate levels of generation reserve capacity are maintained should be market-based and non-discriminatory and could include measures such as contractual guarantees and arrangements, capacity options or capacity obligations. These measures could also be supplemented by other non-discriminatory instruments such as capacity payments. |
(11) |
In order to ensure that appropriate prior information is available, Member States should publish measures taken to maintain the balance between supply and demand among actual and potential investors in generation and among electricity consumers. |
(12) |
Without prejudice to Articles 86, 87 and 88 of the Treaty, it is important for Member States to lay down an unambiguous, appropriate and stable framework which will facilitate security of electricity supply and is conducive to investments in generation capacity and demand management techniques. It is also important that appropriate measures are taken to ensure a regulatory framework that encourages investment in new transmission interconnection, especially between Member States. |
(13) |
The European Council in Barcelona on 15 and 16 March 2002 agreed on a level of interconnection between Member States. Low levels of interconnection have the effect of fragmenting the market and are an obstacle to the development of competition. The existence of adequate physical transmission interconnection capacity, whether cross-border or not, is crucial but it is not a sufficient condition for competition to be fully effective. In the interest of final customers, the relation between the potential benefits of new interconnection projects and the costs for such projects should be reasonably balanced. |
(14) |
While it is important to determine the maximum available transfer capacities without breaching the requirements of secure network operation, it is also important to ensure full transparency of the capacity calculation and allocation procedure in the transmission system. In this way, it could be possible to make better use of existing capacity, and no false shortage signals will be given to the market, which will support the achievement of a fully competitive internal market as envisaged in Directive 2003/54/EC. |
(15) |
Transmission and distribution system operators need an appropriate and stable regulatory framework for investment, and for maintenance and renewal of the networks. |
(16) |
Article 4 of Directive 2003/54/EC requires Member States to monitor and submit a report on security of electricity supply. This report should cover short, medium and long-term factors relevant for security of supply including transmission system operators’ intention to invest in the network. In compiling such a report, Member States will be expected to refer to information and assessments already being undertaken by transmission system operators both on an individual and collective basis, including at European level. |
(17) |
Member States should ensure the effective implementation of this Directive. |
(18) |
Since the objectives of the proposed action, namely secure electricity supplies based on fair competition and the creation of a fully operational internal electricity market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principles of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives, |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Scope
1. This Directive establishes measures aimed at safeguarding security of electricity supply so as to ensure the proper functioning of the internal market for electricity and to ensure:
(a) |
an adequate level of generation capacity; |
(b) |
an adequate balance between supply and demand; and |
(c) |
an appropriate level of interconnection between Member States for the development of the internal market. |
2. It establishes a framework within which Member States are to define transparent, stable and non-discriminatory policies on security of electricity supply compatible with the requirements of a competitive internal market for electricity.
Article 2
Definitions
For the purposes of this Directive, the definitions contained in Article 2 of Directive 2003/54/EC shall apply. In addition, the following definitions shall apply:
(a) |
‘regulatory authority’ means the regulatory authorities in Member States, as designated in accordance with Article 23 of Directive 2003/54/EC; |
(b) |
‘security of electricity supply’ means the ability of an electricity system to supply final customers with electricity, as provided for under this Directive; |
(c) |
‘operational network security’ means the continuous operation of the transmission and, where appropriate, the distribution network under foreseeable circumstances; |
(d) |
‘balance between supply and demand’ means the satisfaction of foreseeable demands of consumers to use electricity without the need to enforce measures to reduce consumption. |
Article 3
General provisions
1. Member States shall ensure a high level of security of electricity supply by taking the necessary measures to facilitate a stable investment climate and by defining the roles and responsibilities of competent authorities, including regulatory authorities where relevant, and all relevant market actors and publishing information thereon. The relevant market actors include, inter alia, transmission and distribution system operators, electricity generators, suppliers and final customers.
2. In implementing the measures referred to in paragraph 1, Member States shall take account of:
(a) |
the importance of ensuring continuity of electricity supplies; |
(b) |
the importance of a transparent and stable regulatory framework; |
(c) |
the internal market and the possibilities for cross-border cooperation in relation to security of electricity supply; |
(d) |
the need for regular maintenance and, where necessary, renewal of the transmission and distribution networks to maintain the performance of the network; |
(e) |
the importance of ensuring proper implementation of Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (6) and Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market (7), insofar as their provisions are related to security of electricity supply; |
(f) |
the need to ensure sufficient transmission and generation reserve capacity for stable operation; and |
(g) |
the importance of encouraging the establishment of liquid wholesale markets. |
3. In implementing the measures referred to in paragraph 1, Member States may also take account of:
(a) |
the degree of diversity in electricity generation at national or relevant regional level; |
(b) |
the importance of reducing the long-term effects of the growth of electricity demand; |
(c) |
the importance of encouraging energy efficiency and the adoption of new technologies, in particular demand management technologies, renewable energy technologies and distributed generation; and |
(d) |
the importance of removing administrative barriers to investments in infrastructure and generation capacity. |
4. Member States shall ensure that any measures adopted in accordance with this Directive are non-discriminatory and do not place an unreasonable burden on the market actors, including market entrants and companies with small market shares. Member States shall also take into account, before their adoption, the impact of the measures on the cost of electricity to final customers.
5. In ensuring an appropriate level of interconnection between Member States, as referred to in Article 1(1)(c), special consideration shall be given:
(a) |
each Member State’s specific geographical situation; |
(b) |
maintaining a reasonable balance between the costs of building new interconnectors and the benefit to final customers; and |
(c) |
ensuring that existing interconnectors are used as efficiently as possible. |
Article 4
Operational network security
1. |
|
2. Member States or the competent authorities shall ensure that transmission and, where appropriate, distribution system operators set and meet quality of supply and network security performance objectives. These objectives shall be subject to approval by the Member States or competent authorities and their implementation shall be monitored by them. They shall be objective, transparent and non-discriminatory and shall be published.
3. In taking the measures referred to in Article 24 of Directive 2003/54/EC and in Article 6 of Regulation (EC) No 1228/2003, Member States shall not discriminate between cross-border contracts and national contracts.
4. Member States shall ensure that curtailment of supply in emergency situations shall be based on predefined criteria relating to the management of imbalances by transmission system operators. Any safeguard measures shall be taken in close consultation with other relevant transmission system operators, respecting relevant bilateral agreements, including agreements on the exchange of information.
Article 5
Maintaining balance between supply and demand
1. Member States shall take appropriate measures to maintain a balance between the demand for electricity and the availability of generation capacity.
In particular, Member States shall:
(a) |
without prejudice to the particular requirements of small isolated systems, encourage the establishment of a wholesale market framework that provides suitable price signals for generation and consumption; |
(b) |
require transmission system operators to ensure that an appropriate level of generation reserve capacity is available for balancing purposes and/or to adopt equivalent market based measures. |
2. Without prejudice to Articles 87 and 88 of the Treaty, Member States may also take additional measures, including but not limited to the following:
(a) |
provisions facilitating new generation capacity and the entry of new generation companies to the market; |
(b) |
removal of barriers that prevent the use of interruptible contracts; |
(c) |
removal of barriers that prevent the conclusion of contracts of varying lengths for both producers and customers; |
(d) |
encouragement of the adoption of real-time demand management technologies such as advanced metering systems; |
(e) |
encouragement of energy conservation measures; |
(f) |
tendering procedures or any procedure equivalent in terms of transparency and non-discrimination in accordance with Article 7(1) of Directive 2003/54/EC. |
3. Member States shall publish the measures to be taken pursuant to this Article and shall ensure the widest possible dissemination thereof.
Article 6
Network investment
1. Member States shall establish a regulatory framework that:
(a) |
provides investment signals for both the transmission and distribution system network operators to develop their networks in order to meet foreseeable demand from the market; and |
(b) |
facilitates maintenance and, where necessary, renewal of their networks. |
2. Without prejudice to Regulation (EC) No 1228/2003, Member States may allow for merchant investments in interconnection.
Member States shall ensure that decisions on investments in interconnection are taken in close cooperation between relevant transmission system operators.
Article 7
Reporting
1. Member States shall ensure that the report referred to in Article 4 of Directive 2003/54/EC covers the overall adequacy of the electricity system to supply current and projected demands for electricity, comprising:
(a) |
operational network security; |
(b) |
the projected balance of supply and demand for the next five-year period; |
(c) |
the prospects for security of electricity supply for the period between five and 15 years from the date of the report; and |
(d) |
the investment intentions, for the next five or more calendar years, of transmission system operators and those of any other party of which they are aware, as regards the provision of cross-border interconnection capacity. |
2. Member States or the competent authorities shall prepare the report in close cooperation with transmission system operators. Transmission system operators shall, if appropriate, consult with neighbouring transmission system operators.
3. The section of the report relating to interconnection investment intentions, referred to in paragraph 1(d), shall take account of:
(a) |
the principles of congestion management, as set out in Regulation (EC) No 1228/2003; |
(b) |
existing and planned transmission lines; |
(c) |
expected patterns of generation, supply, cross-border exchanges and consumption, allowing for demand management measures, and |
(d) |
regional, national and European sustainable development objectives, including those projects forming part of the Axes for priority projects set out in Annex I to Decision No 1229/2003/EC. |
Member States shall ensure that transmission system operators provide information on their investment intentions or those of any other party of which they are aware as regards the provision of cross-border interconnection capacity.
Member States may also require transmission system operators to provide information on investments related to the building of internal lines that materially affect the provision of cross-border interconnection.
4. Member States or the competent authorities shall ensure that the necessary means for access to the relevant data are facilitated to the transmission system operators and/or to the competent authorities where relevant in the development of this task.
The non-disclosure of confidential information shall be ensured.
5. On the basis of the information referred to in paragraph 1(d), received from the competent authorities, the Commission shall report to the Member States, the competent authorities and the European Regulators Group on Electricity and Gas established by Commission Decision 2003/796/EC (8) on the investments planned and their contribution to the objectives set out in Article 1(1).
This report may be combined with the reporting provided for in point (c) of Article 28(1) of Directive 2003/54/EC and shall be published.
Article 8
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 24 February 2008. They shall forthwith inform the Commission thereof.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. By 1 December 2007, Member States shall notify the Commission of the text of the provisions of national law which they adopt in the field covered by this Directive.
Article 9
Reporting
The Commission shall monitor and review the application of this Directive and submit a progress report to the European Parliament and the Council by 24 February 2010.
Article 10
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 11
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 18 January 2006.
For the European Parliament
The President
J. BORRELL FONTELLES
For the Council
The President
H. WINKLER
(1) OJ C 120, 20.5.2005, p. 119.
(2) Opinion of the European Parliament of 5 July 2005 (not yet published in the Official Journal) and Council Decision of 1 December 2005.
(3) OJ L 176, 15.7.2003, p. 37. Directive as amended by Council Directive 2004/85/EC (OJ L 236, 7.7.2004, p. 10).
(4) OJ L 176, 15.7.2003, p. 11.
(5) OJ L 176, 15.7.2003, p. 1. Regulation as amended by Council Regulation (EC) No 1223/2004 (OJ L 233, 2.7.2004, p. 3).
(6) OJ L 283, 27.10.2001, p. 33. Directive as amended by the 2003 Act of Accession.
(7) OJ L 52, 21.2.2004, p. 50.
(8) OJ L 296, 14.11.2003, p. 34.
4.2.2006 |
EN |
Official Journal of the European Union |
L 33/28 |
DIRECTIVE 2005/90/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 January 2006
amending, for the 29th time, Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogenic, mutagenic or toxic to reproduction — c/m/r)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
The measures provided for in this Directive fall within the framework of the action plan adopted in Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003 to 2008) (3). According to that Decision the Community is committed to promoting and improving health, preventing disease, and countering potential threats to health, with a view to reducing avoidable morbidity and premature mortality and activity-impairing disability. |
(2) |
The substances which appear in Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (4) and are classified as carcinogens category 1 or 2 may cause cancer. The substances which appear in Annex I to Directive 67/548/EEC and are classified as mutagens category 1 or 2 may cause heritable genetic damage. The substances which appear in Annex I to Directive 67/548/EEC and are classified as toxic to reproduction category 1 or 2 may cause birth defects or may impair fertility. |
(3) |
In order to improve human health protection and consumer safety, the use of substances newly-classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2 should be regulated and the placing on the market of substances and preparations containing them should be subject to restriction for sale to the general public. |
(4) |
Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (5) lays down restrictions on the marketing and use of certain dangerous substances and preparations, with the objective, among others, to improve human health protection and consumer safety. |
(5) |
Directive 94/60/EC of the European Parliament and of the Council (6) amending for the 14th time Directive 76/769/EEC, establishes, in the form of an Appendix to Annex I to Directive 76/769/EEC, a list containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2. Such substances and preparations containing them should be subject to restriction for sale to the general public. |
(6) |
Directive 94/60/EC provides that, no later than six months after publication in the Official Journal of the European Union of an adaptation to technical progress of Annex I to Directive 67/548/EEC, which contains substances classified as carcinogenic, mutagenic or toxic to reproduction in category 1 or 2, the Commission will submit to the European Parliament and Council a proposal for a directive regulating these newly-classified substances, so as to update the Appendix of Annex I to Directive 76/769/EEC. The proposal from the Commission will take account of the risks and advantages of the newly-classified substances, as well as of the Community legislative provisions on risk analysis. |
(7) |
Commission Directive 2004/73/EC of 29 April 2004 adapting to technical progress for the 29th time Council Directive 67/548/EEC, and more particularly Annex I thereto, includes 146 entries containing substances newly-classified as carcinogenic category 1, 21 entries containing substances newly-classified as carcinogenic category 2, 152 entries containing substances newly-classified as mutagenic category 2 and 24 entries containing substances newly-classified as toxic to reproduction category 2. |
(8) |
Directive 2004/73/EC also amends the notes relating to the identification, classification and labelling ascribed to four substances classified as carcinogenic category 1, thirty-six entries containing substances classified as carcinogenic category 2, six entries containing substances classified as mutagenic category 2, two entries containing substances classified as toxic to reproduction category 1 and three entries containing substances classified as toxic to reproduction category 2. The lists in the Appendix of Annex I to Directive 76/769/EEC should be amended accordingly. |
(9) |
The risks and advantages of the substances newly-classified by Directive 2004/73/EC as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2 have been taken into account, in particular those relating to the substances which were not yet subject to a restriction for use in substances and preparations placed on the market for sale to the general public (due to an earlier classification). This analysis concluded that these newly-classified substances could be inserted in the Appendix of Annex I to Directive 76/769/EEC. |
(10) |
This Directive should apply without prejudice to Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (7), and individual directives based thereon, in particular Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (8), |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
The Appendix of Annex I to Directive 76/769/EEC shall be amended as set out in the Annex to this Directive.
Article 2
1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before 24 February 2007. They shall forthwith communicate to the Commission the text of those measures and a correlation table between those measures and this Directive.
They shall apply those measures from 24 August 2007.
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be determined by the Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Strasbourg, 18 January 2006.
For the European Parliament
The President
J. BORRELL FONTELLES
For the Council
The President
H. WINKLER
(1) OJ C 255, 14.10.2005, p. 33.
(2) Opinion of the European Parliament of 23 June 2005 (not yet published in the Official Journal) and Council Decision of 8 December 2005.
(3) OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).
(4) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1, as corrected by OJ L 216, 16.6.2004, p. 3).
(5) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63).
(6) OJ L 365, 31.12.1994, p. 1.
(7) OJ L 183, 29.6.1989, p. 1.
(8) OJ L 158, 30.4.2004, p. 50, as corrected by OJ L 229, 29.6.2004, p. 23.
ANNEX
1. |
The heading ‘Notes’ of the Foreword shall be amended as follows:
|
2. |
The list under heading ‘Point 29 — Carcinogens: category 1’ shall be amended as follows:
|
3. |
The list under heading ‘Point 29 — Carcinogens: category 2’ shall be amended as follows:
|
4. |
The list under heading ‘Point 30 — Mutagens: category 2’ shall be amended as follows:
|
5. |
In the list under heading ‘Point 31 — Toxic to reproduction: category 1’, the entries with index numbers 082-001-00-6 and 082-002-00-1 shall be replaced by the following:
|
6. |
The list under heading ‘Point 31 — Toxic to reproduction: category 2’ shall be amended as follows:
|
4.2.2006 |
EN |
Official Journal of the European Union |
L 33/82 |
DIRECTIVE 2006/1/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 January 2006
on the use of vehicles hired without drivers for the carriage of goods by road
(codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified. |
(2) |
From a macroeconomic point of view, the use of hired vehicles permits, in certain situations, an optimum allocation of resources by limiting the wasteful use of factors of production. |
(3) |
From a microeconomic point of view, this possibility brings an element of flexibility to the organisation of transport, and thus increases the productivity of the undertakings concerned. |
(4) |
This Directive should be without prejudice to the obligations of the Member States concerning the time-limits for transposition into national law of the Directives set out in Annex I, Part B, |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive:
(a) |
‘vehicle’ means a motor vehicle, a trailer, a semi-trailer, or a combination of vehicles intended exclusively for the carriage of goods; |
(b) |
‘hired vehicle’ means any vehicle which, for remuneration and for a determined period, is put at the disposal of an undertaking which engages in the carriage of goods by road for hire or reward or for its own account on the basis of a contract with the undertaking which makes the vehicles available. |
Article 2
1. Each Member State shall allow the use within its territory, for the purposes of traffic between Member States, of vehicles hired by undertakings established on the territory of another Member State provided that:
(a) |
the vehicle is registered or put into circulation in compliance with the laws in the latter Member State; |
(b) |
the contract relates solely to the hiring of a vehicle without a driver and is not accompanied by a service contract concluded with the same undertaking covering driving or accompanying personnel; |
(c) |
the hired vehicle is at the sole disposal of the undertaking using it during the period of the hire contract; |
(d) |
the hired vehicle is driven by personnel of the undertaking using it. |
2. Proof of compliance with the conditions referred to in paragraph 1, points (a) to (d) shall be provided by the following documents, which must be on board the vehicle:
(a) |
the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the identification of the vehicle; |
(b) |
where the driver is not the person hiring the vehicle, the driver's employment contract or a certified extract from that contract giving in particular the name of the employer, the name of the employee and the date and duration of the employment contract or a recent pay slip. |
If need be, the documents referred to in (a) and (b) may be replaced by an equivalent document issued by the competent authorities of the Member State.
Article 3
1. Member States shall take the necessary measures to ensure that their undertakings may use, for the carriage of goods by road, under the same conditions as vehicles owned by them, hired vehicles registered or put into circulation in compliance with the laws in their countries, provided that the conditions laid down in Article 2 are satisfied.
2. Member States may exclude from the provisions of paragraph 1 own-account transport operations carried out by vehicles with a total permissible laden weight of more than 6 tonnes.
Article 4
This Directive shall not affect the regulations of a Member State which lays down less restrictive conditions for the use of hired vehicles than those specified in Articles 2 and 3.
Article 5
Without prejudice to Articles 2 and 3, this Directive shall not affect the application of the rules concerning:
(a) |
the organisation of the market for the carriage of goods by road for hire or reward and own account and in particular access to the market and quota restrictions on road capacities; |
(b) |
prices and conditions for the carriage of goods by road; |
(c) |
the formation of hire prices; |
(d) |
the import of vehicles; |
(e) |
the conditions governing access to the activity or occupation of road-vehicle lessor. |
Article 6
Directive 84/647/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives listed in Annex I, Part B.
References to the repealed Directive shall be construed as references to this Directive and should be read in accordance with the correlation table set out in Annex II.
Article 7
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 8
This Directive is addressed to the Member States.
Done at Strasbourg, 18 January 2006.
For the European Parliament
The President
J. BORRELL FONTELLES
For the Council
The President
H. WINKLER
(1) OJ C 108, 30.4.2004, p. 56.
(2) Opinion of the European Parliament of 10 February 2004 (OJ C 97 E, 22.4.2004, p. 66) and Council Decision of 8 December 2005.
(3) OJ L 335, 22.12.1984, p. 72. Directive as amended by Directive 90/398/EEC (OJ L 202, 31.7.1990, p. 46).
(4) See Annex I, part A.
ANNEX I
Part A
Repealed Directive with its amendment
(referred to in Article 6)
Council Directive 84/647/EEC |
|
Council Directive 90/398/EEC |
Part B
List of time-limits for transposition into national law
(referred to in Article 6)
Directive |
Time-limit for transposition |
Directive 84/647/EEC |
30 June 1986 |
Directive 90/398/EEC |
31 December 1990 |
ANNEX II
Correlation Table
Directive 84/647/EEC |
This Directive |
Article 1, introductory sentence |
Article 1, introductory sentence |
Article 1, first indent |
Article 1(a) |
Article 1, second indent |
Article 1(b) |
Article 2, introductory sentence |
Article 2(1), introductory sentence |
Article 2, points 1-4 |
Article 2(1)(a)-(d) |
Article 2, point 5, first subparagraph, introductory sentence |
Article 2(2), first subparagraph, introductory sentence |
Article 2, point 5, first subparagraph, points (a) and (b) |
Article 2(2), first subparagraph, points (a) and (b) |
Article 2, point 5, second subparagraph |
Article 2(2), second subparagaph |
Article 3 |
Article 3 |
Article 4(1) |
Article 4 |
Article 5, introductory sentence |
Article 5, introductory sentence |
Article 5, first indent |
Article 5(a) |
Article 5, second indent |
Article 5(b) |
Article 5, third indent |
Article 5(c) |
Article 5, fourth indent |
Article 5(d) |
Article 5, fifth indent |
Article 5(e) |
Article 6 |
— |
Article 7 |
— |
Article 8 |
— |
— |
Article 6 |
— |
Article 7 |
Article 9 |
Article 8 |
— |
Annex I |
— |
Annex II |
Corrigenda
4.2.2006 |
EN |
Official Journal of the European Union |
L 33/86 |
Corrigendum to Regulation (EC) No 2110/2005 of the European Parliament and of the Council of 14 December 2005 on access to Community external assistance
( Official Journal of the European Union L 344 of 27 December 2005 )
On page 1, in the first citation:
for:
‘Having regard to the Treaty establishing the European Community, and in particular Articles 179 and 181a thereof,’
read:
‘Having regard to the Treaty establishing the European Community, and in particular Article 179 thereof.’
4.2.2006 |
EN |
Official Journal of the European Union |
L 33/87 |
Corrigendum to Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements
( Official Journal of the European Union L 255 of 30 September 2005 )
On page 15, in Article 16, in the first paragraph:
for:
‘Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 March 2007 and forthwith inform the Commission thereof.’
read:
‘Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 2007 and forthwith inform the Commission thereof.’
4.2.2006 |
EN |
Official Journal of the European Union |
L 33/88 |
Corrigendum to Directive 2005/84/EC of the European Parliament and of the Council of 14 December 2005 amending for the 22nd time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (phthalates in toys and childcare articles)
( Official Journal of the European Union L 344 of 27 December 2005 )
On page 43, in the Annex, in the column regarding numbering of phthalates:
for:
„[XX.]“ and „[XXa.]“,
read:
„51.“ and „51a.“