No C 313/4 Official Journal of the European Communities 4.12. 85
II
(Preparatory Acts)
COMMISSION
Amendment of the proposal for a Council Directive amending Directive 81/602/EEC
concerning the prohibition of certain substances having a hormonal action and of any substances
having a thyrostatic action (')
COM(85) 607final
(Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
the EEC Treaty on 8 November 1985)
(85/C 313/05)
Council Regulation (EEC) No . . . of . . . concerning the
prohibition of certain substances having a hormonal
action and of any substances having a thyrostatic action.
Article 1
Without prejudice to Article 4 of Directive 81/602/EEC
no derogation may be made from Article 2 of the
abovementioned Directive. However, the administering
to farm animals for therapeutic purposes of oestradiol
176, testosterone and progesterone and those derivatives
which readily yield the parent compound on hydrolysis
after absorption from the site of application, shall be
authorized.
Article 2
The substances mentioned in Article 1 may only be
administered to farm animals that have been clearly
identified. The dosage must be recorded and the animal
may not be slaughtered before the expiry of the
delay period laid down in application of Article 3. The
substances must be administered only by a veterinary
surgeon or by a person acting under his direction.
Article 3
Before 1 April 1986 in accordance with the procedure
laid down in Article 8 and pursuant to the relevant
principles and criteria of Directives 81/851/EEC and
81/852/EEC there shall be established:
— a list of products containing as active substances the
substances referred to in Article 1,
— the conditions of use of products contained in the
abovementioned list in application of Article 2, in
particular the delay period necessary and detailed
provisions concerning the control of these conditions
of use,
— the means of identification of animals.
Article 4
The products mentioned in Article 3 are subject to the
rules of Articles 24 to 50 of Directive 81/851 /EEC
except for those rules which relate to the national auth-
orization of marketing.
Article 5
In order to take account of scientific and technical
progress, the group of substances mentioned in Article 1
which may be administered to animals for therapeutic
purposes, may be supplemented or amended in
accordance with the procedure laid down in Article 8.
Any substances which may be authorized:
— must have a favourable effect on farm animal
production,
— must not endanger human or animal health or harm
the consumer by altering the characteristics of farm
animal products,
— must comply with the relevant principles and criteria
of Directives 81/851/EEC and 81/852/EEC.
Article 6
Any decision concerning the possible inclusion of
trenbolone or zeranol in the group of substances
mentioned in Article 1 shall be taken by the Council,
acting by a qualified majority on a proposal from the
Commission, and in conformity with the other
conditions laid down in Article 5.
Article 7
O OJ No C 106, 27. 5. 1985, p. 7.
The maximum natural physiological levels of authorized
substances shall be published by the Commission.
4.12.85 Official Journal of the European Communities No C 313/5
Article 8 Article 9
1. Where the procedure laid down in this Article is to
be used, matters shall without delay be referred by the
chairman, either on his own initiative or at the request of
a Member State, to the Standing Veterinary Committee
(hereinafter called 'the Committee') set up by the
Council Decision of 15 October 1968.
2. The representative of the Commission shall submit
to the Committee a draft of the measures to be adopted.
The Committee shall deliver its opinion on the draft
within a time limit which the Chairman may lay down
according to the urgency of the matter. The opinion
shall be delivered by a majority of forty-five votes, the
votes of the Member States being weighted as provided
for in Article 148 (2) of the Treaty. The Chairman shall
not vote.
3. The Commission shall adopt the measures and
implement them immediately where they are in
accordance with the opinion of the Committee. Where
they are not in accordance with the opinion of the
Committee or if no opinion is delivered, the Commission
shall immediately submit to the Council a proposal on
the meaures to be taken. The Council shall act by a
qualified majority.
If within three months of the date on which a matter was
referred to it the Council has not adopted any measures,
the Commission shall adopt the proposed measures and
implement them immediately, save where the Council
has decided against the measures by a simple majority.
Directive 72/462/EEC is hereby amended as follows:
1. The following is added to Article 6:
'2. Member States shall not authorize the im-
portation of animals covered by this Directive to
which have been administered, by any means
whatsoever, substances having a thyrostatic action or
substances having an oestrogenic, androgenic and
gestagenic action, with the exception of those animals
which have been treated for therapeutic purposes with
substances authorized for use to that end in
accordance with Community provisions.'
2. Article 20 (b) (i) is replaced by the following:
'(b) fresh meat:
(i) — from animals to which have been
administered, by any means whatsoever,
stilbenes or stilbene derivatives, their salts
or esters, or trenbolone or zeranol, or
thyrostatic substances; and
— from animals to which have been
administered, by any means whatsoever,
other substances having an oestrogenic,
androgenic or gestagenic action, with the
exception of those animals which have
been treated for therapeutic purposes with
substances authorized for use to that end
in accordance with Community
provisions.'
Article 10
This Regulation shall enter into force on 1 January 1986.
This Regulation shall be binding in its entirety and
directly applicable in all Member States.
Proposal for a Council Directive imposing a standstill on VAT and excise duties
COM(85) 606 final
(Submitted by the Commission to the Council on 21 November 1985)
(85/C 313/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 99
thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Par-
liament,
Whereas the completion of the internal market, which is
one of the fundamental objectives of the Community,
necessitates the abolition of fiscal frontiers, that is, doing
away with the remission of tax on exportation and the
imposition of tax on importation and with frontier
controls on taxable persons as well as on private persons;
Whereas if distortions are to be avoided, such abolition
implies in the case of value added tax, a uniform tax
base, the same number of rates and rate levels which are
sufficiently close as between Member States;
Whereas the attainment of this objective, in the case of
excise duties, requires that the scope and structures of
the most important excises be harmonized and their rates
brought sufficiently close together; whereas provision
should be made to abolish other excise duties, except for
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