This document is an excerpt from the EUR-Lex website
Document 32004L0066
Council Directive 2004/66/EC of 26 April 2004 adapting Directives 1999/45/EC, 2002/83/EC, 2003/37/EC and 2003/59/EC of the European Parliament and of the Council and Council Directives 77/388/EEC, 91/414/EEC, 96/26/EC, 2003/48/EC and 2003/49/EC, in the fields of free movement of goods, freedom to provide services, agriculture, transport policy and taxation, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Council Directive 2004/66/EC of 26 April 2004 adapting Directives 1999/45/EC, 2002/83/EC, 2003/37/EC and 2003/59/EC of the European Parliament and of the Council and Council Directives 77/388/EEC, 91/414/EEC, 96/26/EC, 2003/48/EC and 2003/49/EC, in the fields of free movement of goods, freedom to provide services, agriculture, transport policy and taxation, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Council Directive 2004/66/EC of 26 April 2004 adapting Directives 1999/45/EC, 2002/83/EC, 2003/37/EC and 2003/59/EC of the European Parliament and of the Council and Council Directives 77/388/EEC, 91/414/EEC, 96/26/EC, 2003/48/EC and 2003/49/EC, in the fields of free movement of goods, freedom to provide services, agriculture, transport policy and taxation, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
OJ L 168, 1.5.2004, p. 35–67
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, FI, SV) This document has been published in a special edition(s)
(BG, RO, HR)
In force
1.5.2004 |
EN |
Official Journal of the European Union |
L 168/35 |
COUNCIL DIRECTIVE 2004/66/EC
of 26 April 2004
adapting Directives 1999/45/EC, 2002/83/EC, 2003/37/EC and 2003/59/EC of the European Parliament and of the Council and Council Directives 77/388/EEC, 91/414/EEC, 96/26/EC, 2003/48/EC and 2003/49/EC, in the fields of free movement of goods, freedom to provide services, agriculture, transport policy and taxation, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (1) (hereinafter referred to as the ‘Treaty of Accession’), and in particular Article 2(3) thereof,
Having regard to the Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (2) (hereinafter referred to as the ‘Act of Accession’), and in particular Article 57 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
For certain acts which remain valid beyond 1 May 2004 and require adaptation by reason of accession, the necessary adaptations were not provided for in the Act of Accession, or were provided for but need further adaptation. All these adaptations need to be adopted before accession so as to be applicable as from accession. |
(2) |
Pursuant to Article 57(2) of the Act of Accession, such adaptations are to be adopted by the Council in all cases where the Council alone or jointly with the European Parliament adopted the original act. |
(3) |
Directives 1999/45/EC (3), 2002/83/EC (4), 2003/37/EC (5) and 2003/59/EC (6) of the European Parliament and of the Council and Council Directives 77/388/EEC (7), 91/414/EEC (8), 96/26/EC (9), 2003/48/EC (10) and 2003/49/EC (11) should therefore be amended accordingly, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directives 1999/45/EC, 2002/83/EC, 2003/37/EC, 2003/59/EC, 77/388/EEC, 91/414/EEC, 96/26/EC, 2003/48/EC and 2003/49/EC are amended as set out in the Annex of this Directive.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the date of entry into force of the Treaty of Accession. As regards the provisions of this Directive adapting Directive 91/414/EC as amended, as well as Directives 2002/83/EC, 2003/37/EC and 2003/59/EC, the date of transposition shall be that laid down therein. Member States shall forthwith submit the text of the provisions transposing this Directive to the Commission, with a table setting out their correlation with the specific provisions of this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 3
This Directive shall enter into force only subject to and on the date of the entry into force of the Treaty of Accession.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 26 April 2004.
For the Council
B. COWEN
The President
(1) OJ L 236, 23.9.2003, p. 17.
(2) OJ L 236, 23.9.2003, p. 33.
(3) OJ L 200, 30.7.1999, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(4) OJ L 345, 19.12.2002, p. 1.
(6) OJ L 226, 10.9.2003, p. 4.
(7) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/7/EC (OJ L 27, 30.1.2004, p. 44).
(8) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).
(9) OJ L 124, 23.5.1996, p. 1. Directive as last amended by the Act of Accession.
ANNEX
I. FREE MOVEMENT OF GOODS
A. MOTOR VEHICLES
Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC.
(a) |
In Annex II, Chapter C, Appendix 1, point 1, the following are inserted in the first subparagraph: ‘ “8 for the Czech Republic”, “29 for Estonia”, “CY for Cyprus”, “32 for Latvia”, “36 for Lithuania”, “7 for Hungary”, “MT for Malta”, “20 for Poland”, “26 for Slovenia”, “27 for Slovakia”.’ |
(b) |
In Annex III, Part I, ‘A – Complete/completed tractors’, point 16 is replaced by the following: ‘ 16. Fiscal horsepower(s) or class(es) Italy: Germany: Greece: Belgium: Netherlands: Portugal: Denmark: Ireland: Sweden: United Kingdom: Finland: Cyprus: Austria: Estonia: Hungary: Czech Republic: Lithuania: Slovenia: Latvia: Poland: Slovakia: Malta: Spain: France: Luxembourg: ’ |
(c) |
In Annex III, Part I, ‘B – Agricultural or forestry trailers – complete/completed’, point 16 is replaced by the following: ‘ 16. Fiscal horsepower(s) or class(es) (if applicable) Italy: Germany: Greece: Belgium: Netherlands: Portugal: Denmark: Ireland: Sweden: United Kingdom: Finland: Cyprus: Austria: Estonia: Hungary: Czech Republic: Lithuania: Slovenia: Latvia: Poland: Slovakia: Malta: Spain: France: Luxembourg: ’ |
(d) |
In Annex III, Part I, ‘C – Interchangeable towed machinery – complete/completed’, point 16 is replaced by the following: ‘ 16. Fiscal horsepower(s) or class(es) (if applicable) Italy: Germany: Greece: Belgium: Netherlands: Portugal: Denmark: Ireland: Sweden: United Kingdom: Finland: Cyprus: Austria: Estonia: Hungary: Czech Republic: Lithuania: Slovenia: Latvia: Poland: Slovakia: Malta: Spain: France: Luxembourg: ’ |
(e) |
In Annex III, Part II, ‘A – Agricultural or forestry trailers – incomplete’, point 16 is replaced by the following: ‘ 16. Fiscal horsepower(s) or class(es) (if applicable) Italy: Germany: Greece: Belgium: Netherlands: Portugal: Denmark: Ireland: Sweden: United Kingdom: Finland: Cyprus: Austria: Estonia: Hungary: Czech Republic: Lithuania: Slovenia: Latvia: Poland: Slovakia: Malta: Spain: France: Luxembourg: ’ |
(f) |
In Annex III, Part II, ‘B – Interchangeable towed machinery – incomplete’, point 16 is replaced by the following: ‘ 16. Fiscal horsepower(s) or class(es) (if applicable) Italy: Germany: Greece: Belgium: Netherlands: Portugal: Denmark: Ireland: Sweden: United Kingdom: Finland: Cyprus: Austria: Estonia: Hungary: Czech Republic: Lithuania: Slovenia: Latvia: Poland: Slovakia: Malta: Spain: France: Luxembourg: ’ |
B. CHEMICALS
Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations.
In Annex VI, Part A, point 5, the list of countries is replaced by the following:
|
‘Belgium: |
|
Czech Republic: |
|
Denmark: |
|
Germany: |
|
Estonia: |
|
Greece: |
|
Spain: |
|
France: |
|
Ireland: |
|
Italy: |
|
Cyprus: |
|
Latvia: |
|
Lithuania: |
|
Luxembourg: |
|
Hungary: |
|
Malta: |
|
Netherlands: |
|
Austria: |
|
Poland: |
|
Portugal: |
|
Slovenia: |
|
Slovakia: |
|
Finland: |
|
Sweden: |
|
United Kingdom:’. |
II. FREEDOM TO PROVIDE SERVICES
Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance.
(a) |
In Article 6(1)(a), the following is inserted between the entries for Belgium and Denmark:
and, between the entries for Germany and Greece:
and, between the entries for Italy and Luxembourg:
and, between the entries for Luxembourg and the Netherlands:
and, between the entries for Austria and Portugal:
and, between the entries for Portugal and Finland:
|
(b) |
In Article 18(3) the third indent is replaced by the following:
|
(c) |
In Article 18(3), the following is inserted after the third indent:
|
III. AGRICULTURE
PHYTOSANITARY LEGISLATION
Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market.
(a) |
Point 1.1 in Annex IV is replaced by the following: ‘1.1. Special risks related to humans (RSh) RSh 1
RSh 2
RSh 3
|
(b) |
Point 1 in Annex V is replaced by the following: ‘1. General provisions All plant-protection products should be labelled with the following phrase, which should be supplemented by the text in parentheses, as appropriate: SP 1
|
(c) |
Point 2.1 in Annex V is replaced by the following: ‘2.1. Safety precautions for operators (SPo) General provisions
Specific provisions SPo 1
SPo 2
SPo 3
SPo 4
SPo 5
|
(d) |
Point 2.2 in Annex V is replaced by the following: ‘2.2. Safety precautions related to the environment (SPe) SPe 1
SPe 2
SPe 3
SPe 4
SPe 5
SPe 6
SPe 7
SPe 8
|
(e) |
Point 2.3 in Annex V is replaced by the following: ‘2.3. Safety precautions related to good agricultural practice SPa 1
|
(f) |
Point 2.4 in Annex V is replaced by the following: ‘2.4. Specific safety precautions for rodenticides (SPr) SPr 1
SPr 2
SPr 3
|
IV. TRANSPORT POLICY
ROAD TRANSPORT
1. |
Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifictions intended to facilitate for these operators the right to freedom of establishment in national and international transport operations.
In Annex Ia, footnote 1 is replaced by the following:
|
2. |
Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC.
|
V. TAXATION
1. |
Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment.
|
2. |
Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments.
In the Annex, the following is inserted between the entries for Italy and Portugal:
and, after the entries for Portugal:
|
3. |
Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States.
|
(1) The Sixth VAT Directive contains two versions of Article 17(3)(b). Article 28f(1) of that Directive contains the provision which is currently applicable. This particular situation was not properly accounted for in Protocol No. 3 to the Act of Accession which in error amended the version of Article 17(3)(b) which is not currently applicable. The version currently applicable has therefore also to be amended.