(1)

Council Directive 88/344/EEC of 13 June 1988 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (3) has been substantially amended several times (4). Since further amendments are to be made, it should be recast in the interests of clarity.

(2)

Differences between national laws relating to extraction solvents hinder the free movement of foodstuffs and may create conditions of unequal competition, thereby directly affecting the functioning of the internal market.

(3)

The approximation of those laws is therefore necessary if the free movement of foodstuffs is to be achieved.

(4)

Laws relating to extraction solvents for use in foodstuffs should take account primarily of human health requirements but also, within the limits required for the protection of health, of economic and technical needs.

(5)

Such approximation should involve the establishment of a single list of extraction solvents for the preparation of foodstuffs or food ingredients. General purity criteria should also be specified.

(6)

The use of an extraction solvent under conditions of good manufacturing practice should result in the removal of all or the major part of the solvent residues from the foodstuff or food ingredient.

(7)

Under such conditions, the presence of residues or derivatives in the final foodstuff or food ingredient may be unintentional but technically unavoidable.

(8)

Although in general a specific limitation is useful, it need not be laid down for substances listed in Part I of Annex I which have been found acceptable from the point of view of safety to the consumer when used under conditions of good manufacturing practice.

(9)

To take account of protection of public health, the conditions of use of other extraction solvents listed in Parts II and III of Annex I and maximum residue values permitted in food and food ingredients should be established.

(10)

Specific purity criteria for extraction solvents and methods of analysis and sampling of extraction solvents in and on foodstuffs should be established.

(11)

Should the use of an extraction solvent provided for in this Directive appear to constitute a health risk as a result of new information, Member States should be able to suspend or limit such use, or to reduce existing limits, pending a decision at Community level.

(12)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

(13)

In particular, the Commission should be empowered to amend the list of extraction solvents which may be used during the processing of the raw materials, of foodstuffs, of food components or of food ingredients, and the specification of their conditions of use and maximum residue limits, and to adopt specific purity criteria for extraction solvents and the methods of analysis necessary to verify compliance with the general and specific purity criteria as well as methods of analysis and sampling of extraction solvents in and on foodstuffs. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(14)

On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of amendments of the list of extraction solvents which may be used during the processing of the raw materials, of foodstuffs, of food components or of food ingredients, and the specification of their conditions of use and maximum residue limits, and for the adoption of specific purity criteria for extraction solvents.

(15)

When, on imperative grounds of urgency, in particular where a risk to human health exists, the normal time-limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adoption of amendments of the list of extraction solvents which may be used during the processing of the raw materials, of foodstuffs, of food components or of food ingredients, and the specification of their conditions of use and maximum residue limits, and for the adoption of specific purity criteria for extraction solvents, as well as for the adoption of amendments to this Directive when it is established that the use in foodstuffs of any substance listed in Annex I or the level of one or more of the components referred to in Article 3 contained in such substances might endanger human health although it complies with the conditions laid down in this Directive.

(16)

The new elements introduced into this Directive only concern the committee procedures. They therefore do not need to be transposed by the Member States.

(17)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex II, Part B,

(a)

they shall not contain a toxicologically dangerous amount of any element or substance;

(b)

subject to any exceptions deriving from the specific purity criteria adopted in accordance with point (d) of Article 4, they shall not contain more than 1 mg/kg of arsenic or more than 1 mg/kg of lead;

(c)

they shall satisfy the specific purity criteria adopted in accordance with point (d) of Article 4.

(a)

the necessary amendments to Annex I in the light of scientific and technical progress in the field of the use of solvents, their conditions of use and maximum residue limits;

(b)

the methods of analysis necessary to verify compliance with the general and specific purity criteria provided for in Article 3;

(c)

the procedure for taking samples and the methods for qualitative and quantitative analysis of the extraction solvents listed in Annex I and used in foodstuffs or food ingredients;

(d)

if necessary, the specific purity criteria for the extraction solvents listed in Annex I, and in particular maximum permitted limits of mercury and cadmium in the extraction solvents.

(1)

Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (3) has been substantially amended several times (4). Since further amendments are to be made, it should be recast in the interests of clarity.

(2)

Within the framework of the common transport policy, certain road traffic within the Community should operate under the most favourable circumstances as regards both safety and competitive conditions applying to carriers in the Member States.

(3)

The growth of road traffic and the resultant increase in danger and nuisances present all Member States with safety problems of a similar nature and seriousness.

(4)

Testing during the lifecycle of a vehicle should be relatively simple, quick and inexpensive.

(5)

The minimum Community standards and methods to be used for testing the items listed in this Directive should therefore be defined in separate Directives.

(6)

It is necessary to adapt rapidly to technical progress the standards and methods laid down in the separate Directives and, in order to facilitate implementation of the measures required for this purpose, to establish a procedure for close cooperation between the Member States and the Commission within a committee on the adaptation to technical progress of the Directive on roadworthiness tests for motor vehicles and their trailers.

(7)

With regard to braking systems it is difficult to set values for such matters as air pressure settings and build-up times, given the variance in the equipment and methods within the Community.

(8)

It is recognised by all concerned with vehicle testing that the method of testing and, in particular, whether the vehicle is tested in a laden, part-laden or unladen condition, can influence the degree of confidence testers have as to the roadworthiness of the braking system.

(9)

The prescription of brake force reference values for various laden conditions for each vehicle model should help restore that confidence. This Directive should enable testing under this regime as an alternative to testing against minimum performance values for each vehicle category.

(10)

With regard to braking systems the scope of this Directive should relate in the main to vehicles which have been granted component type-approval in accordance with Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers (5) although it is recognised that certain types of vehicle have been granted such approval in accordance with national standards which may differ from the requirements of that Directive.

(11)

Member States may extend the scope of the braking test to include vehicles or test items outside the scope of this Directive.

(12)

Member States may make the braking test more stringent or increase the frequency of testing.

(13)

This Directive is intended to maintain emissions at a low level throughout the useful life of a vehicle by means of regular exhaust emission tests and to ensure that vehicles which are major polluters are withdrawn from service until they are brought to a proper state of maintenance.

(14)

Bad tuning and inadequate maintenance are detrimental not only to the engine but also to the environment since they cause increased pollution and fuel consumption. It is important that environment-friendly transport be developed.

(15)

In the case of compression-ignition (diesel) engines measurement of the opacity of the exhaust fumes is deemed to be an adequate indicator of the condition of the vehicle’s state of maintenance, with regard to emissions.

(16)

For positive-ignition (petrol) engines, measurement of carbon monoxide emissions from the exhaust pipe when the engine is idling is deemed to be an adequate indicator of the vehicle’s state of maintenance, with regard to emissions.

(17)

The failure rate in exhaust-emission tests for vehicles which have not been regularly maintained may well be high.

(18)

In the case of petrol-engined vehicles for which the type-approval standards specify that they must be equipped with advanced emission control systems such as three-way catalytic converters which are lambda-probe controlled, the regular emission test standards must be more stringent than for conventional vehicles.

(19)

Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles (6) requires the introduction, from 2000, of on-board diagnostic (OBD) systems for petrol-driven cars and light commercial vehicles to monitor the functioning of the vehicle’s emission control system in service. Similarly, from 2003, OBD systems are required also for new diesel vehicles.

(20)

Member States may, if appropriate, exclude from the scope of this Directive certain vehicles that are considered to be of historic interest. They may also establish their own testing standards for such vehicles. However, such a right must not lead to the application of stricter standards than those which the vehicles concerned were originally designed to meet.

(21)

Simple, common diagnostic systems are available that can be used by testing organisations to test the vast majority of the speed limiters equipped. For those vehicles that are not accessible by such readily available diagnostic tools, the authorities will need to either make use of available equipment from the original vehicle manufacturer or provide for the acceptance of appropriate test certification from the vehicle manufacturer or its franchise organisation.

(22)

Periodic verification of the correct functioning of the speed limiter should be facilitated for the vehicles that are fitted with the new recording equipment (digital tachograph) in accordance with Council Regulation (EC) No 2135/98 of 24 September 1998 amending Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC concerning the application of Regulations (EEC) No 3820/85 and (EEC) No 3821/85 (7). Since the year 2003, new vehicles are fitted with such equipment.

(23)

Technical requirements relating to taxis and ambulances are similar to those for private cars. The items to be checked may therefore be similar, although the frequency of tests is different.

(24)

Each Member State must ensure, within its own area of jurisdiction, that roadworthiness tests are conducted methodically and to a high standard.

(25)

The Commission should verify the practical application of this Directive.

(26)

Since the objectives of the proposed action, namely to harmonise the rules on roadworthiness tests, to prevent distortion of competition as between road hauliers and to guarantee that vehicles are properly checked and maintained, cannot be achieved by the Member States acting alone and can therefore, by reason of the scale of the action, 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 Directive does not go beyond what is necessary in order to achieve those objectives.

(27)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8).

(28)

In particular, the Commission should be empowered to define certain minimum standards and methods for testing and to adapt them to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Directive by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(29)

This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex III, Part B,

(1)

Council Directive 95/64/EC of 8 December 1995 on statistical returns in respect of carriage of goods and passengers by sea (2) has been substantially amended several times (3). Since further amendments are to be made, it should be recast in the interests of clarity.

(2)

To carry out the tasks entrusted to it in the context of the common maritime transport policy, the Commission (Eurostat) should have at its disposal comparable, reliable, synchronised and regular statistical data on the scale and development of the carriage of goods and passengers by sea to and from the Community, between Member States and for domestic sea transport.

(3)

It is also important for Member States and economic operators to have a good knowledge of the maritime transport market.

(4)

The collection of Community statistical data on a comparable or harmonised basis makes it possible to establish an integrated system providing reliable, consistent and up-to-date information.

(5)

The data on the transport of goods and passengers by sea have to be made comparable between Member States and between the different modes of transport.

(6)

In accordance with the principle of subsidiarity, the creation of common statistical standards enabling harmonised information to be produced can only be tackled efficiently at Community level. Data will be collected in each Member State under the authority of the bodies and institutions in charge of compiling official statistics.

(7)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

(8)

In particular, the Commission should be empowered to adopt certain detailed rules for implementing this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(9)

The new elements introduced into this Directive only concern the committee procedures. They therefore do not need to be transposed by the Member States.

(10)

This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directive set out in Annex IX, Part B,

(a)

‘carriage of goods and passengers by sea’ means the movement of goods and passengers using seagoing vessels, on voyages which are undertaken wholly or partly at sea.

The scope of this Directive shall also include goods:

Bunkers and stores supplied to vessels shall be excluded from the scope of this Directive;

(b)

‘seagoing vessels’ means vessels other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.

This Directive shall not apply to fish-catching vessels, fish-processing vessels, vessels for drilling and exploration, tugs, pusher craft, research and survey vessels, dredgers, naval vessels or vessels used solely for non-commercial purposes;

(c)

‘port’ means a place having facilities for merchant ships to moor and to load or unload cargo or to disembark or embark passengers to or from vessels;

(d)

‘nationality of the maritime transport operator’ means that corresponding to the country in which the effective centre of the transport operator’s commercial activity is located;

(e)

‘maritime transport operator’ means any person by whom or on behalf of whom a contract for the transport of goods or persons by sea is concluded with a shipper or a passenger.