Avis juridique important

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31988L0436

Council Directive 88/436/EEC of 16 June 1988 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from engines of motor vehicles (Restriction of particulate pollutant emissions from diesel engines)

Official Journal L 214 , 06/08/1988 P. 0001 - 0017 Finnish special edition: Chapter 13 Volume 17 P. 0111  Swedish special edition: Chapter 13 Volume 17 P. 0111

COUNCIL DIRECTIVE of 16 June 1988 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from engines of motor vehicles (Restriction of particulate  pollutant emissions from diesel engines) (88/436/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 A thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise and area without internal frontiers in which the free  movement of goods, persons, services and capital is ensured;  Whereas the first programme of action of the European Communities on the environment, which was adopted by the Council on 22 November 1973, calls for account to be taken of the latest scientific progress in combating air pollution caused by exhaust  gases from motor vehicles and for Directives adopted previously to be amended accordingly; whereas the third programme of action provides for further efforts to reduce considerably the present level of emissions of pollutants from motor vehicles;  Whereas differences which may emerge in national legislation concerning limits for particulate pollutant emissions from compression ignition (´diesel') engines used as criteria for the type-approval of vehicles equipped with such engines, are liable to constitute a restriction on the free movement of these products in the Community; whereas it therefore  seems necessary to fix common standards in this area;  Whereas Directive 70/220/EEC (4) lays down limit values for emissions of carbon monoxide and unburnt hydrocarbons from such engines; whereas these limit values were lowered for the first time by Directive 74/290/EEC (5) and supplemented, pursuant to  Commission Directive 77/102/EEC (6), by limit values for permissible emissions of nitrogen oxides; whereas the limit values for these three pollutants were successively reduced by Commission Directive 78/665/EEC (7) and Directives 83/351/EEC (8) and  88/76/EEC (9);  Whereas the scope of Directive 70/220/EEC was expanded by Directive 83/351/EEC in order to cover certain categories of vehicle equipped with compression ignition (´diesel') engines, without, however, laying down specific emission requirements for those  engines; whereas only soot emissions are covered by Directive 72/306/EEC (10); whereas, however, with a view to improved protection of public health, it is necessary to restrict the overall particulate pollutant emissions from engines of this type;  whereas it is appropriate to lay down limit values for particulate pollutant emissions which correspond to the state of the art with regard to diesel engines in the Community and to amplify the test procedure set out in Directive 70/220/EEC by adding  the ; ; ; ; ; ; provisions relating to the sampling and analysis of particulate emissions taken over from the relevant United States requirements;  Whereas the establishment of 1,1 g and 1,4 g/test as limit values for particulate pollutant emissions from vehicles fitted with diesel engines represents only a first step towards controlling these emissions;  Whereas, considering also the opinion of the European Parliament, a second stage in the reduction of particulate pollutant emissions must be implemented as quickly as possible and whereas levels of 0,8 g and 1,0 g/test should be achieved; whereas the  levels adopted will have to take into account the technical/economic possibilities which exist at that time,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 70/220/EEC is hereby amended as follows:  1.  The title is replaced by the following:  ´Council Directive of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles'.  2.  Annexes I, III and III A are amended in accordance with the Annex to this Directive.  Article 2 1.  From 1 October 1988 no Member State may, on grounds relating to air pollution by particulate pollutant emissions from an engine:  - refuse to grant EEC type approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC (11) or to grant national type approval for a type of motor vehicle equipped with a compression-ignition engine,  - prohibit the entry into service of vehicles equipped with compression-ignition engines,  where particulate pollutant emissions from this type of motor vehicle or from such vehicles meet the requirements set out in the Annexes to Directive 70/220/EEC, as amended by this Directive.  2.  From 1 October 1989, Member States:  - may no longer issue the document provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle, equipped with a compression-ignition engine,  - may refuse national type approval for a type of motor vehicle, whose emission levels do not meet the requirements set out in the Annexes to Directive 70/220/EEC, as amended by this Directive.  However, in respect of types of vehicle equipped with a direct-injection compression-ignition engine, that date shall be postponed until 1 October 1994.  3.  From 1 October 1990, Member States may prohibit the entry into service of motor vehicles equipped with compression-ignition engines whose particulate pollutant emissions do not meet the requirements set out in the Annexes to Directive 70/220/EEC, as  amended by this Directive.  However, in respect of vehicles equipped with a direct-injection compression-ignition engine, that date shall be postponed until 1 October 1996.  Article 3 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 October 1988. They shall forthwith inform the Commission thereof.  Article 4 Before the end of 1989, the Council shall decide, on the basis of a proposal from the Commission, the implementation of a second stage for further reduction in the limit values for particulate pollutant emissions.  Article 5 This Directive is addressed to the Member States.   Done at Luxembourg, 16 June 1988.  For the Council The President K. TOEPFER EWG:L111UMBE00.95 FF: 1UEN;   SETUP: 01;   Hoehe: 871 mm;   154 Zeilen;   7042 Zeichen;  Bediener: FJJ0   Pr.: B;  Kunde: ................................   (1) OJ No C 174, 12. 7. 1986, p. 3. (2) OJ No C 190, 20. 7. 1987, p. 178 and OJ No C 167, 27. 6. 1988. (3) OJ No C 333, 29. 12. 1986, p. 17.(4) OJ No L 76, 6. 4. 1970, p. 1.(5) OJ No L 159, 15. 6. 1974, p. 61.(6) OJ No L 32, 3. 2. 1977, p. 32.(7) OJ No L 223, 14. 8. 1978, p. 48.(8) OJ No L 197, 20. 7. 1983, p. 1.(9) OJ No L 36, 9. 2. 1988, p. 1. (10) OJ No L 190, 20. 8. 1972, p. 1.(11) OJ No L 42, 23. 2. 1970, p. 1.   ANNEX Amendments to the Annexes to Directive 70/220/EEC   ANNEX 1  SCOPE, DEFINITIONS, APPLICATION FOR EEC TYPE APPROVAL, EEC TYPE APPROVAL, TEST SPECIFICATIONS, EXTENSION OF EEC TYPE APPROVAL, CONFORMITY OF PRODUCTION, TRANSITIONAL ARRANGEMENTS 1 now reads as follows:  ´1.  SCOPE This Directive applies to the emission of gaseous pollutants from all motor vehicles equipped with spark-ignition engines and to the emission of gaseous and particulate pollutants from vehicles of categories M1 and N1, equipped with compression-ignition  engines covered by Article 1.' 2.1 now reads as follows:  ´2.1.  ´´Vehicle type'' with regard to the emission of gaseous and particulate pollutants from the engine, means a category of power-driven vehicles which do not differ in such essential respects as:' 2.4 is expanded as follows:  ´Particulate pollutants'' means components of the exhaust gas which are removed from the diluted exhaust gas at a maximum temperature of 52 °C by means of the filters covered by Annex III.' 3.1 now reads as follows:  ´3.1.  The application for approval of a vehicle type with regard to the emission of gaseous and particulate pollutants from its engine is submitted by the vehicle manufacturer or by his authorized representative.' 5.1.1. The first sentence now reads as follows:  ´The components liable to effect the emission of gaseous and particulate pollutants must be so designed, constructed and assembled as to enable the vehicle, in normal use, to comply with the requirements of this Directive, despite the vibration to which  they may be subjected.' 5.2.1.1 now reads as follows:  ´5.2.1.1.  Type 1 test (verifying the average emission of gaseous and particulate pollutants after a cold start).' 5.2.1.1.2 is expanded as follows:  ´Not only the carbon monoxide, hydrocarbon and nitrogen oxide emissions, but also the particulate pollutant emissions from vehicles equipped with compression-ignition engines will be plotted.' 5.2.1.1.3. The second sentence now reads as follows:  ´The methods used to collect and analyse the gases and also to remove and weigh the particulates must be those prescribed.' 5.2.1.1.4 now reads as follows:  ´5.2.1.1.4.  Subject to the requirements of 5.2.1.1.4.2 and 5.2.1.1.5 the test is repeated three times. For a vehicle of a given category the mass of the carbon monoxide, the combined mass of the hydrocarbons and the nitrogen oxides, the mass of the nitrogen oxides,  and - in the case of vehicles equipped with compression-ignition engines - the mass of the particulates obtained in the test must be less than the amounts shown in the table below:  Engine capacity C (in cm³) Mass of carbon monoxide L1 (g/test) Combined mass of hydrocarbons and nitrogen oxides L2 (g/test) Mass of nitrogen oxides L3 (g/test) Mass of particulates (¹) L4 (g/test) C >2 000 25  6,5 3,5 1 400 §C §2 000 30  8,  C < 1 400 45 15,  6,  aa A a A s 1,1 (¹) In the case of vehicles equipped with compression-ignition engines.  6. 8. 88 Official Journal of the European Communities Vehicles equipped with compression-ignition engines whose engine capacity exceeds 2 000 cm³ must comply with the limit values for the emission of pollutant gases, corresponding to the category of engine capacities ranging from 1 400 cm³ to 2 000 cm³.' 5.2.1.1.4.1. The phrase in brackets is deleted.  5.2.1.1.4.2 now reads as follows:  ´5.2.1.1.4.2.  The number of tests prescribed in 5.2.1.1.4 may, at the request of the manufacturer, be increased to 10 tests provided that" "the arithmetical mean (x-1) of the three results obtained for each pollutant or combined total of two pollutants subject to  limitation falls between 100 and 110 % of the limit. In this case, the decision, after testing, depends exclusively on the average results obtained from all ten tests (x- <  L)'.  5.2.1.1.5.1 now reads as follows:  ´5.2.1.1.5.1.  Only one test is performed if the values obtained for each pollutant or for the combined emission of two pollutants, subject to limitation, are § 0,70 L.' 5.2.1.1.5.2 now reads as follows:  ´5.2.1.1.5.2.  Only two tests are performed if the result for all pollutants or combined emissions of pollutants is V1 § 0,85 L, and if, at the same time, at least one of these values or combined values for pollutants is V1 > 0,70 L. In addition the requirement that  V1 + V2 § 1,70 L and V2 § L must be satisfied.' 7.1 now reads as follows:  ´7.1.  As a general rule, conformity of production models, with regard to limitation of the emission of gaseous and particulate pollutants from the engine, is checked on the basis of the description set out in Annex VII and, where necessary, of all or some of  the tests of Types I, II and III described in 5.2.' 7.1.1.1. The table is replaced by the following:  Engine capacity C (cm³) Mass of carbon monoxide L1 (g/test) Combined mass of hydrocarbons and nitrogen oxides L2 (g/test) Mass of nitrogen oxides L3 (g/test) Mass of particulates (¹) L4 (g/test) C >2 000 30  8,1 4,4 1 400 §C §2 000 36 10,  C < 1 400 54 19,  7,5 aa A a A s 1,4 (¹) In the case of vehicles equipped with compression-ignition engines.   Vehicles equipped with a compression-ignition engine having an engine capacity of more than 2 000 cm³ shall not exceed the limit values for pollutant gas emissions from the engine capacity class ranging from 1 400 cm³ to 2 000 cm³.' 7.1.1.2. The second paragraph now reads as follows:  ´The result to be taken into consideration for the vehicle tested originally is the arithmetical mean of the results obtained from the three Type-I tests carried out on that vehicle. The arithmetical mean (x) of the results obtained from the random  sample and the standard deviation S (1) are then plotted for the carbon monoxide emissions, the combined hydrocarbon and nitrogen oxide emissions, the nitrogen oxide emissions and the particulate emissions. Production models are then deemed to conform  if the following condition is met:  x-+ k · S §L where:  L is the limit value laid down in 7.1.1.1,  k is the statistical factor depending upon n and given in the following table:' 8.3.1.1 now reads as follows:  ´8.3.1.1.  For vehicle type approval, the limit values specified in the table set out in 5.2.1.1.4 shall be replaced by the following:  - Mass of carbon monoxide:  - Mass of carbon monoxide:  2,11 g/km,  - Mass of hydrocarbons:  0,25 g/km,  - Mass of nitrogen oxides:  0,62 g/km,  - Mass of particulates (2):  0,124 g/km.       These limit values are deemed to be met if they are not exceeded by the results of tests on a vehicle type in which the individual masses of pollutants are multiplied by the relevant deterioration factor set out in the table below:  Exhaust gas clean-up system Deterioration factor CO HC NOx Particulates (¹) 1. Spark-ignition engine with oxidizing catalytic converter 1,2 1,3 1,0 - 2. Spark-ignition engine without catalytic converter 1,2 1,3 1,0 - 3. Spark-ignition engine with 3-way catalytic converter 1,2 1,3 1,1 - 4. Compression-ignition engine 1,1 1,0 1,0 1,2 (¹) In the case of vehicles equipped with a compression-ignition engine.  Where the certification process for the Community export markets has provided a manufacturer with confirmation of deterioration factors which are specific to a vehicle type these factors may be used as an alternative to the abovementioned factor  to establish whether the limit values referred to in this section are complied with.' EWG:L111UMBE01.94 FF: 1UEN;   SETUP: 01;   Hoehe: 765 mm;   206 Zeilen;   7364 Zeichen;  Bediener: FJJ0   Pr.: B;  Kunde: 42161 Montan England 01          ANNEX III  TYPE-I TEST (Verifying the average emission of gaseous and particulate pollutants in a congested urban area after a cold start) 4.2.1 now reads as follows:  ´4.2.1.  The exhaust gas sampling system must be able to measure the actual quantities of pollutants emitted in the exhaust gases to be measured. The system to be used is the constant volume sampler (CVS) system. This requires that the vehicle exhaust be  continuously diluted with ambient air under controlled conditions. In the constant volume sampler concept of measuring two conditions must be satisfied: the total volume of the mixture of exhaust gases and dilution air must be measured and a continously  proportional sample of the volume must be collected for analysis.  The quantities of pollutants emitted are determined from the sample concentrations, corrected for the pollutant content of the ambient air and the totalized flow over the test period.  The particulate pollutant emission level is determined by using suitable filters to collect the particulates from a proportional part flow throughout the test and determining the quantity thereof gravimetrically in accordance with 4.3.2.' 4.3.1.1 is expanded as follows:  ´Particulates:  Gravimetric determination of the particulates collected. These particulates are in each case collected by two series-mounted filters in the sample gas flow. The quantity of particulates collected by each pair of filters should be as follows:  - Mlimit:  - Vep:  flow through filters,  - Vmix:  flow through tunnel,  - M:  particulates mass (g/test) - Mlimit:  limit mass of particulates (limit mass in force, g/test),  - m:  mass of particulates collected by filters (g).   M =  Vmix  m  m =  Vmix  M   M = Vmix Vep  m  m = Vep Vmix  M The particulates sample rate (Vep/Vmix) will be adjusted so that for M = Mlimit, 1 §m §5 mg.  The filter surface should consist of a material that is hydrophobic and inert towards the components of the exhaust gas (PTFE or equivalent material).' 4.3.1.2 is expanded as follows:  ´Measurement of the particulates collected shall be to a guaranteed accuracy of a 1 mg.' 4.3.2 is expanded as follows:  ´The particulate sampling unit shall consist of a dilution tunnel, a sampling probe, a filter unit, a partial-flow pump, and a flow rate regulator and measuring unit. The particulate-sampling part flow is drawn through two series-mounted filters. The  sampling probe for the test gas flow for particulates shall be so arranged within the dilution tract that a representative sample gas flow can be taken from the homogeneous air/exhaust mixture and an air/exhaust gas mixture temperature of 52 gC is not  exceeded at the sampling point. The temperature of the gas flow in the flow meter cannot fluctuate more than ± 3 K, nor can the mass flow rate fluctuate by more than ± 5 %. Should the volume of flow change unacceptably as a result of excessive filter  loading, the test must be stopped. When it is repeated, the rate of flow must be decreased and/or a larger filter used. The filters must be removed from the chamber no earlier than an hour before the test begins.  The necessary particle filters shall be conditioned (as regards temperature and humidity) in an open dish which has been protected against dust ingress for at least eight and for not more than 56 hours before the test in an air-conditioned chamber.  After this conditioning the uncontaminated filters will be weighed and stored until they are used.' 5.3.  Preconditioning of the car 5.3.1 is amended as follows:  ´For compression-ignition engine vehicles for the purpose of measuring particulates at most 36 hours and at least six hours before testing, the preconditioning described in Appendix 9 has to be completed.  After this preconditioning and before testing, compression-ignition and positive ignition engine vehicles must be kept in a room in which the temperature remains relatively constant between 20 and 30 gC. This conditioning must be carried out for at  least six hours and continue until the engine oil temperature and coolant, if any, are within ± 2 gC of the temperature of the room.  If the manufacturer so requests, the test must be carried out not later than 30 hours after the vehicle has been run at its normal temperature.' 7 now reads as follows:  ´7.  GAS AND PARTICULATE SAMPLING AND ANALYSIS' 7.1 now reads as follows:  ´7.1.  Sampling Sampling begins at the beginning of the first test cycle as defined in 6.6.2 and ends on conclusion of the final idling period in the fourth cycle.' 7.2.1 is expanded as follows:  ´The spent particulate filters must be taken to the chamber no later than one hour after conclusion of the test on the exhaust gases and must there be conditioned for between two and 56 hours and then be weighed.' 8 now reads as follows:  ´8.  DETERMINATION OF THE QUANTITY OF GASEOUS AND PARTICULATE POLLUTANTS EMITTED' 8.2 now reads as follows:  ´8.2.  Total mass of gaseous and particulate pollutants emitted The mass M of each pollutant emitted by the vehicle during the test is determined by obtaining the product of the volumetric concentration and the volume of the gas in question, with due regard to the following densities under the abovementioned  reference conditions:  - in the case of carbon monoxide (CO): d = 1,25 g/l,  - in the case of hydrocarbons (CH1,85): d = 0,619 g/l,  - in the case of nitrogen oxides (NO2): d = 2,05 g/l.  The mass m of particulate pollutant emissions from the vehicle during the test is defined by weighing the mass of particulates collected by the two filters, m¹ by the first filter, m² by the second filter:  - if 0,95 (m¹ + m²) § m¹, m = m¹,  - if 0,85 (m¹ + m²) § m¹ <  0,95 (m¹ + m²), m = m¹ + m²,  - if m¹ <  0,85 (m¹ + m²), the test is cancelled.  Appendix 8 gives the calculations, followed by examples, used in determining the mass emissions of gaseous and particulate pollutants.' APPENDIX 5 The title of the appendix now reads as follows:  ´DESCRIPTION OF GAS-SAMPLING SYSTEMS' 2.1.3 now reads as follows:  ´2.1.3.  A continuously proportional sample of the diluted exhaust gases and the dilution air must be collected for analysis.  The quantity of gaseous pollutants emitted is determined from the proportional sample concentrations and the total volume measured during the test. The sample concentrations are corrected to take account of the pollutant content of the ambient air. In  addition, where vehicles are equipped with compression-ignition engines, their particulate emissions are plotted.' 2.2.2 now reads as follows:  2.2.2 ´The exhaust-gas sampling system must be so designed as to make it possible to measure the average volume concentrations of the CO2, CO, HC and NOx, and, in addition, in the case of vehicles equipped with compression-ignition engines, of the particulate  emissions, contained in the exhaust gases emitted during the vehicle testing cycle.' 2.4 now reads as follows:  ´2.4.  Additional sampling unit for the testing of vehicles equipped with a compression-ignition engine.  2.4.1.  By way of a departure from the taking of gas samples from vehicles equipped with spark-ignition engines, the hydrocarbon and particulate sampling points are located in a dilution tunnel.  2.4.2.  In order to reduce heat losses in the exhaust gases between the exhaust tail pipe and the dilution tunnel inlet, the pipe may not be more than 3,6 m long, or 6,1 m long if heat insulated. Its internal diameter may not exceed 105 mm.  2.4.3.  Predominantly turbulent flow conditions (Reynolds number · 4 000) must apply in the dilution tunnel, which consists of a straight tube of electrically-conductive material, in order to guarantee that the diluted exhaust gas is homogeneous at the sampling  points and that the samples consist of representative gases and particulates. The dilution tunnel must be at least 200 mm in diameter and the system must be earthed.  2.4.4.  The particulate sampling system consists of a sampling probe in the dilution tunnel and two series-mounted filters. Quick-acting valves are located both up and downstream of the two filters in the direction of flow.  2.4.5.  The particulate sampling probe shall be arranged as follows:  It must be installed in the vicinity of the tunnel centreline, roughly ten tunnel diameters downstream of the gas inlet, and have an internal diameter of at least 12 mm.  The distance from the sampling tip to the filter mount must be at least five probe diameters, but must not exceed 1 020 mm.  2.4.6.  The sample gas flow measuring unit consists of pumps, gas flow regulators and flow measuring units.  2.4.7.  The hydrocarbon sampling system consists of a heated sampling probe, line, filter and pump. The sampling probe must be installed in such a way at the same distance from the exhaust gas inlet as the particulate sampling probe, that neither interferes  with samples taken by the other. It must have a minimum internal diameter of 4 mm.  2.4.8.  All heated parts must be maintained at a temperature of 190 gC ± 10 gC by the heating system.  2.4.9.  If it is not possible to compensate for variations in the flow rate there must be a heat exchanger and a temperature control device as specified in 2.3.3.1 so as to ensure that the flow rate in the system is constant and the sampling rate is accordingly  proportional.' 3.1.4 is expanded as follows:  ´Particulate sampling system - S4: Sampling probe in the dilution tunnel,  - FP: Filter unit consisting of two series-mounted filters; switching arrangement for further parallel-mounted pairs of filters,  - Sampling line,  - Pumps, flow regulators, flow measuring units.' Figure 1 is replaced by the following:  EWG:L111UMBE02.95 FF: 1UEN;   SETUP: 01;   Hoehe: 762 mm;   136 Zeilen;   9695 Zeichen;  Bediener: FJJ0   Pr.: B;  Kunde: ................................  3.2.4. is expanded as follows:  ´Particulate sampling system - S4: Sampling probe in dilution tunnel,  - Fp: Filter unit, consisting of two series-mounted filters; Switching unit for further parallel-mounted pairs of filters,  - Sampling line,  - Pumps, flow regulators, flow measuring units.' Figure 2 is replaced by the following:  EWG:L111UMBE03.95 FF: 1UEN;   SETUP: 01;   Hoehe: 254 mm;   8 Zeilen;   417 Zeichen;  Bediener: HELM   Pr.: A;  Kunde: ................................  3.3 is replaced as follows:  ´(only for spark-ignition engined vehicles)' APPENDIX 8 This appendix now reads as follows:  ´APPENDIX 8 CALCULATION OF THE EMISSION OF POLLUTANTS 1.  GENERAL 1.1.  Emissions of gaseous pollutants are calculated by means of the following equation:  Mi = Vmix · Qi · kH · Ci · 10-6 where:  Vmix:  Mi:  Pollutant i emissions in g/test;  Vmix:  Volume of the diluted exhaust gas expressed in l/test and corrected to standard conditions (273,2 K and 101,33 kPa);  Qi:  Density of the pollutant i in g/l at normal temperature and pressure (273,2 K and 101,33 kPa);  kH:  Humidity correction factor used for the calculation of the emissions of nitrogen oxides (there is no humidity correction for HC and CO);  Ci:  Concentration of the pollutant i in the diluted exhaust gas, expressed in ppm and corrected by the concentration of the pollutant i in the dilution air.  1.2.  Volume determination The wording of former Section 1 is adopted without change.  1.3.  Calculation of the corrected concentration of pollutants in the sampling bag The wording of former Section 2 is adopted without change.  1.4.  Determination of the NO humidity correction factor The wording of former Section 3 is adopted without change.  1.5.  Example The wording of former Section 4 is adopted without change up to 4.2 while 4.3 and 4.4 are deleted.  2.  SPECIAL PROVISION RELATING TO VEHICLES EQUIPPED WITH COMPRESSION-IGNITION ENGINES 2.1.  HC measurement for compression-ignition engines The average HC concentration used in determining the HC mass emissions from compression-ignition engines is calculated with the aid of the following formula:   ce =  t2 cHC · dt   t2  cHC · dt ce = t1 t2-t1 where:    t2 t1 cHC · dt:  Integral of the recording of the heated HFID throughout the test (t2 - t1),  ce:  Concentration of HC measured in the diluted exhaust, in ppm,  ce:  is substituted directly for Chc in all relevant equations.  2.2.  Determination of particulates Particulate emission Mp (g/test) is calculated by means of the following equation:    (Vmix + Vep) × Pe   Mp = (Vmix + Vep) × Pe Vep where exhaust gases are vented outside tunnel,    Vmix + Pe   Mp = Vmix + Pe Vep where exhaust gases are returned to the tunnel,  where:  Vmix: Volume of diluted exhaust gases (see 1.1.3), under standard conditions,  Vep:  Volume of exhaust gas flowing through particulate filter under standard conditions,  Pe:  Particulate mass collected by filter,  Mp:  particulate emission in g/test for use in this Appendix or Mp:  particulate emission in g/phase for use in Appendix 8 of Annex III A.' Appendix 9 is added as follows:  EWG:L111UMBE04.96 FF: 1UEN;   SETUP: 01;   Hoehe: 508 mm;   68 Zeilen;   2660 Zeichen;  Bediener: FJJ0   Pr.: B;  Kunde: L 111 EN 04 - 42161              Time (sec) Speed (km/h) Time (sec) Speed (km/h)   0  20  45  65  75  92 108 125 135 155 180 200 210 225 255 270 400 420 430 445 485 500 630 650 660 680 820  0 55 55  0  0 50 50  0  0 55 55  0  0 40 40 80 80  0  0 40 40 80 80  0  0 50 50  840  850  880 1110 1130 1150 1760 1800  0'  0' 80' 80' 50' 90' 90'  0' EWG:L111UMBE06.96 FF: 1UEN;   SETUP: 01;   Hoehe: 255 mm;   81 Zeilen;   330 Zeichen;  Bediener: HELM   Pr.: A;  Kunde: 42161 l111umbe06                  ANNEX III A  TEST EQUIVALENT TO THE TYPE-I TEST INTENDED TO CHECK EMISSIONS FOLLOWING A COLD START   4.2.1 4.3.1.1 4.3.1.2 4.3.2 aa A a A s are amended in the same way as the corresponding items in Annex III.  6.2.2.7 now reads as follows:  ´6.2.2.7.  Start the gas flow measuring device, position the sample-selector valves to direct the sample flow into the ´´transient'' exhaust sample bag and the ´´transient'' dilution-air sample bag (turn on the diesel hydrocarbon analyser system integrator and  mark the recorder chart, if applicable), position the valves during sampling in such a way that the transient phase is directed onto the particulate filters, turn the key and start the engines.' 6.2.2.11. The first sentence now reads as follows:  ´At the end of the deceleration which is scheduled to occur at 505 seconds, simultaneously switch the sample flows from the ´´transient'' to the ´´stabilized'' bags, in such a way that they pass through the particulate filters for the stabilized flows,  switch off gas-flow measuring device No 1 (and diesel hydrocarbon integrator No 1) (mark the diesel-hydrocarbon recorder chart) and start gas-flow measuring device No 2 (and diesel-hydrocarbon integrator No 2).' 6.2.2.13. The first sentence now reads as follows:  ´Five seconds after the engine stops running, simultaneously turn off gas-flow measuring device No 2 (and diesel-hydrocarbon integrator No 2) (mark the hydrocarbon recorder chart, if applicable) close the valves for the stabilized-phase particulate  filters and place the sample selector valves in the ´´standby'' position.' 6.2.2.16. The following new sentence is inserted after the first sentence:  ´In the case of vehicles equipped with a compression-ignition engine similarly only one pair of particulate filters is needed for the hot-start test.' 6.2.2.17. The first sentence now reads as follows:  ´At the end of the deceleration, which is scheduled to occur at 505 seconds, simultaneously turn off gas-flow measuring device No 1 (and diesel hydrocarbon integrator No 1) (mark the diesel hydrocarbon recorder chart, if applicable) close the valves for the particulate filter and place the sample selector valve in the ´´standby'' position (engine shutdown does not form part of  the hot-start test sampling period).' The following new point is inserted after 7.7:  ´7.8.  The spent particulate filters must be taken to the chamber no later than one hour after conclusion of the test on the exhaust gases and must there be conditioned for between two and 56 hours, and then be weighed.' 8 and 8.2 are amended in the same way as the corresponding items in Annex III.  APPENDIX 5: the title is the same as that of Appendix 5 to Annex III.  2.1.3 2.2.2 2.4.1 2.4.2 2.4.3 aa A a A s are amended in the same way as the corresponding items in Appendix 5 to Annex III.  2.4.4 now reads as follows:  ´2.4.4.  The particulate sampling system consists of a sampling probe in the dilution tunnel, three filter units consisting in each case of two series-mounted filters to which the sample gas flows within a test phase can be directed. The sample gas flows from  the phases ´´transient after cold start'', ´´stabilized after cold start'' and ´´transient after hot start'' will in turn flow through the filter units.' 2.4.5 2.4.6 2.4.7 2.4.8 2.4.9 aa A a A s are amended in the same way as the corresponding items in Appendix 5 to Annex III.  3.  Add the following under the Title.  ´The systems coincide with those described in item 3 in Appendix 5 to Annex III, with the exception that in each case three sample bags for exhaust gas samples and ambient air samples are arranged in parallel in such a way that they can in turn have the  sample gas flow directed towards them via quick-acting valves.  Accordingly, in the tests on vehicles equipped with diesel engines, three pairs of particulate-measurement filters are arranged in parallel.' APPENDIX 8: This appendix now reads as follows:  ´APPENDIX 8 CALCULATION OF THE EMISSION OF POLLUTANTS 1.  Pollutant emissions are calculated by means of the following equation:  Ms = 0,43  MicT + Mis  + 0,57  MiHT + Mis   Ms = 0,43 MicT + Mis ScT + Ss + 0,57 MiHT + Mis SHT + Ss where:  MiHT:  Ms:  pollutant emissions in g/km for the complete test; MicT:  pollutant emissions in grams during the first phase (transient cold);  MiHT:  pollutant emissions in grams during the final phase (transient hot);  Mis:  pollutant emissions in grams during the second phase (stabilized);  ScT:  distance covered (in km) during the final phase;  SHT:  distance covered (in km) during the final phase;  Ss:  distance covered (in km) during the second phase.  2.  The emissions of pollutants in the individual phases are calculated by means of the following formula:  Mij = Vmix × Qi × kH × Ci × 10-6 where:  Mij:  pollutant emission in g/phase i (ie. MicT, MiHT, etc.);  Vmix:  volume of the diluted exhaust: gas expressed in l/phase and correction to standard conditions (273,2 K and 101,33 kPa);  Qi:  density of the pollutant in g/l at normal temperature and pressure (273,2 K and 101,33 kPa);  kH:  humidity correction factor used in calculating the emissions of nitrogen oxides (there is no humidity correction for HC and CO);  Ci:  concentration of the pollutant in the diluted exhaust gas, expressed in ppm and corrected for the concentration of the pollutant i in the dilution air.  3.  SPECIAL PROVISIONS RELATING TO VEHICLES EQUIPPED WITH COMPRESSION-IGNITION ENGINES 3.1 HC measurement The HC emissions in the individual phases shall be determined in accordance with 2.1 in Appendix 8 to Annex III.  3.2 Particulate measurement The particulate emissions in the individual phases shall be determined in accordance with 2.2 in Appendix 8 to Annex III.  The total emission is calculated in accordance with paragraph 1 of this Appendix.' EWG:L111UMBE07.96 FF: 1UEN;   SETUP: 01;   Hoehe: 508 mm;   114 Zeilen;   5825 Zeichen;  Bediener: FJJ0   Pr.: B;  Kunde: 42161 l111umbe07


title: Council Directive (EU) 2015/121 of 27 January 2015 amending Directive 2011/96/EU on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States

text:
               28.1.2015

               EN

               Official Journal of the European Union

               L 21/1

         COUNCIL DIRECTIVE (EU) 2015/121
   of 27 January 2015
   amending Directive 2011/96/EU on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Acting in accordance with a special legislative procedure,
   Whereas:

               (1)

               Council Directive 2011/96/EU (3) exempts dividends and other profit distributions paid by subsidiary companies to their parent companies from withholding taxes and eliminates double taxation of such income at the level of the parent company.

               (2)

               It is necessary to ensure that Directive 2011/96/EU is not abused by taxpayers who fall within the scope of its application.

               (3)

               Some Member States apply domestic or agreement-based provisions aimed at tackling tax evasion, tax fraud or abusive practices in a general or in a specific way.

               (4)

               However, those provisions may have different levels of severity and, in any case, they are designed to reflect the specificities of each Member State's tax system. Moreover, some Member States do not have any domestic or agreement-based provisions for the prevention of abuse.

               (5)

               Therefore, the inclusion of a common minimum anti-abuse rule in Directive 2011/96/EU would be very helpful to prevent misuse of that Directive and to ensure greater consistency in its application in different Member States.

               (6)

               The application of anti-abuse rules should be proportionate and should serve the specific purpose of tackling an arrangement or a series of arrangements which are not genuine, that is, which do not reflect economic reality.

               (7)

               To that end, when assessing whether an arrangement or a series of arrangements are abusive, Member States' tax administrations should undertake an objective analysis of all relevant facts and circumstances.

               (8)

               While Member States should use the anti-abuse clause to tackle arrangements which are, in their entirety, not genuine, there may also be cases where single steps or parts of an arrangement are, on a stand-alone basis, not genuine. Member States should be able to use the anti-abuse clause also to tackle those specific steps or parts, without prejudice to the remaining genuine steps or parts of the arrangement. That would maximise the effectiveness of the anti-abuse clause while guaranteeing its proportionality. The ‘to the extent approach’ can be effective in cases where the entities concerned, as such, are genuine but where, for example, shares from which the profit distribution arises are not genuinely attributed to a taxpayer that is established in a Member State, that is, if the arrangement based on its legal form transfers the ownership of the shares but its features do not reflect economic reality.

               (9)

               This Directive should not affect in any way Member States' ability to apply their domestic or agreement-based provisions aimed at preventing tax evasion, tax fraud or abuse.

               (10)

               Directive 2011/96/EU should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   In Directive 2011/96/EU, Article 1(2) is replaced by the following paragraphs:

      ‘2.   Member States shall not grant the benefits of this Directive to an arrangement or a series of arrangements which, having been put into place for the main purpose or one of the main purposes of obtaining a tax advantage that defeats the object or purpose of this Directive, are not genuine having regard to all relevant facts and circumstances.
      An arrangement may comprise more than one step or part.
      3.   For the purposes of paragraph 2, an arrangement or a series of arrangements shall be regarded as not genuine to the extent that they are not put into place for valid commercial reasons which reflect economic reality.
      4.   This Directive shall not preclude the application of domestic or agreement-based provisions required for the prevention of tax evasion, tax fraud or abuse.’

   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2015 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   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. Member States shall determine how such reference is to be made.
   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 twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 27 January 2015.

            For the Council

            The President

         J. REIRS

      (1)  Opinion of 2 April 2014 (not yet published in the Official Journal).

      (2)  Opinion of 25 March 2014 (OJ C 226, 16.7.2014, p. 40).

      (3)  Council Directive 2011/96/EU of 30 November 2011 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (OJ L 345, 29.12.2011, p. 8).


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31985L0574

Council Directive 85/574/EEC of 19 December 1985 amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products

Official Journal L 372 , 31/12/1985 P. 0025 - 0027 Spanish special edition: Chapter 03 Volume 40 P. 0106  Portuguese special edition Chapter 03 Volume 40 P. 0106  Finnish special edition: Chapter 3 Volume 20 P. 0069  Swedish special edition: Chapter 3 Volume 20 P. 0069

COUNCIL DIRECTIVE of 19 December 1985 amending Directive 77/93/EEC on  protective measures against the introduction into the Member States of organisms harmful to plants  or plant products (85/574/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having  regard to the Treaty establishing the European Economic Community, and in particular Articles 43  and 100 thereof, Having regard to the proposal from the Commission (1), Having regard to the  opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social  Committee (3), Whereas by its Directive 77/93/EEC (4), as last amended by Directive 84/378/EEC (5),  the Council laid down protective measures against the introduction into the Member States of  organisms harmful to plants or plant products; Whereas, having regard to developments since then,  certain of its provisions should be amended for the reasons given below; Whereas it is useful to  give a detailed definition of certain terms used in connection with the term 'plants'; Whereas  machinery should be established to determine, at Community level, acceptable tolerances for certain  harmful organisms on products other than plants intended for planting; Whereas it is appropriate to  lay down, with a view to the intended adoption in a standardized layout of the specimen  certificates approved by the International Plant Protection Convention of 6 December 1951, as  amended on 21 November 1979, certain rules concerning the conditions in accordance with which such  certificates may be issued, certain rules for the use of previous models during a transitional  period, and certification requirements in the case of the introduction of plants and plant products  from third countries; Whereas the procedure applicable to certain types of amendments to be made to  the Annexes to Directive 77/93/EEC should be simplified; Whereas, as a result of the adoption of  certain new headings in the Annexes, the Member State concerned could impose the relevant  prohibitions or restrictions also where the products concerned, originating in a third country,  come from other Member States; Whereas certain provisions laid down in the enacting terms of that  Directive should be deleted following the adoption, by Directive 84/378/EEC, of more appropriate  provisions in the Annexes; Whereas derogations from the general provisions of Directive 77/93/EEC  which have been granted in accordance with conditions determined on a Community basis pursuant to  Article 14 (2) and (3) of that Directive have presented considerable advantages in that they have  enabled specific situations to be taken into account; whereas the scope of such derogations should  therefore be extended; Whereas, moreover, experience has shown that the same degree of urgency may  attach to such derogations as attaches to the safeguard provisions laid down in Article 15 of that  Directive; whereas therefore the urgency procedure specified in Article 17 of the said Directive  should also be made applicable to these derogations, HAS ADOPTED THIS DIRECTIVE: Article 1Directive 77/93/EEC is hereby amended as follows:   1.  Article 2 (1) (a) shall be  replaced by the following:'(a)  Plants shall be considered to mean living plants and living parts  thereof, including seeds.Living parts of plants shall be considered to include: -  fruit - in the  botanical sense - other than that preserved by deep freezing, -vegetables, other than those  preserved by deep freezing, -tubers, corms, bulbs, rhizomes, -cut flowers, -branches with foliage,  -cut trees retaining foliage, -plant tissue cultures.'     Seeds shall be considered to mean seeds  in the botanical sense, other than those not intended for planting.   2.In Article 2 (1), the  following shall be inserted after (c):'(d)plants intended for planting shall be considered to mean:  -plants which are already planted and are intended to remain planted or to be replanted after their  introduction, or -plants which are not planted at the time of introduction, but are intended to be  planted thereafter.'Points (d) and (e) shall become points (e) and (f) respectively.   3.  In  Article 3:-  paragraphs 2 and 3 shall be deleted,-former paragraph 4 shall become paragraph 2,-the  following paragraph shall be inserted:'3.    Paragraphs 1 and 2 shall not apply, in accordance with  conditions which may be determined in accordance with the procedure laid down in Article 16, in the  case of slight contamination of plants, other than those intended for planting, by harmful  organisms listed in Annex I, Part A, or in Annex II, Part A, which have previously been selected in  agreement with the authorities representing the Member States in the field of plant health.'-former  paragraphs 5, 6 and 7 shall become 4, 5 and 6 respectively.   4.Article 7 (1) shall be replaced by  the following:'1.    Where it is considered, on the basis of the examination laid down in Article 6  (1) and (2), that the conditions therein are fulfilled, a phytosanitary certificate conforming to  the model in Annex VIII, Part A, may be issued, drawn up in at least one of the official languages  of the Community and filled in, except in respect of stamp and signature, either entirely in  capital letters or entirely in typescript, and preferably in one of the official languages of the  Member State of destination.The botanical names of plants shall be indicated in Latin characters.  Uncertified alterations or erasures shall invalidate the certificate. Any copies of this  certificate shall only be issued with the indication ''copy'' or ''duplicate'' printed or stamped  thereon.By way of derogation from the first subparagraph, remaining stocks of phytosanitary  certificates conforming to the original version of the model laid down in the Annex to the  International Plant Protection Convention of 6 December 1951 may be used until 31 December 1986.'   5.In Article 7 (3), '31 December 1980' shall be replaced by '31 December 1986'.   6.In Article 8  (2), first subparagraph, second sentence, the passage 'reforwarding phytosanitary certificate in  accordance with the specimen in Annex VIII, Part B, drawn up in at least one official Community  language, preferably that of the Member State of destination' shall be replaced by 'reforwarding  phytosanitary certificate, in one original copy only, conforming to the model laid down in Annex  VIII, Part B, drawn up in at least one of the official languages of the Community, and filled in,  except in respect of stamp and signature, either entirely in capital letters or entirely in  typescript, and preferably in one of the official languages of the Member State of destination'.    7.In Article 8 (2), the following subparagraph shall be inserted after the first  subparagraph:'Article 7 (1), second subparagraph, shall apply by analogy.'   8.In Article 8 (2),  second subparagraph, '31 December 1980' shall be replaced by '31 December 1986'.   9.Article 10  shall be deleted. 10.In Article 12 (1) (b), second sentence, the words 'The certificates shall be  issued' shall be replaced by 'The certificates prescribed in Articles 7, 8 or 9 shall contain  information in accordance with the model defined in the Annex to the International Plant Protection  Convention of 6 December 1951, as amended on 21 November 1979, irrespective of their layout, and  shall be issued'. 11.In Article 12 (1) (b), the following subparagraph shall be added:'By way of  derogation from the first subparagraph phytosanitary certificates issued in accordance with the  original version of the model laid down in the Annex to the International Plant Protection  Convention of 6 December 1951 may be used for a transitional period. The date of expiry of such  period may be determined in accordance with the procedure laid down in Article 16.' 12.  In Article  13 the following paragraph shall be added:'However, the following shall be adopted in accordance  with the procedure laid down in Article 16:-  headings additional to Annex III to this Directive in  respect of certain plants, plant products or other objects originating in specified third  countries, provided that: -  these headings are introduced at the request of a Member State which  already applies special prohibitions as regards the intro     duction of such products from third  countries, -harmful organisms occurring in the country of origin constitute a plant-health risk for  the whole or part of the Community, and -their possible presence on the products in question cannot  be detected effectively at the time of their introduction,-headings additional to the other Annexes  to this Directive in respect of certain plants, plant products or other objects originating in  specified third countries, provided that: -these headings are introduced at the request of a Member  State which already applies special prohibitions or restrictions as regards the introduction of  such products from third countries, and -harmful organisms occurring in the country of origin  constitute a plant-health risk for the whole or part of the Community in respect of crops, the  scale of possible damage to which is unforeseeable,-any amendment to part B of the Annexes to this  Directive, in agreement with the Member State concerned,-any other amendment to the Annexes to this  Directive to be made in the light of developments in scientific or technical knowledge.' 13.  In  Article 14 (1) (a), point (i) shall be deleted, points (ii), (iii) and (iv) shall become points  (i), (ii) and (iii) respectively. 14.In Article 14 (1) (a):-  in point (i), the reference to  Article 10 shall be deleted,-in point (iii), the terms '5 to 10 and 12' shall be replaced by the  terms '5 to 9 and 12'. 15.  In Article 14 (1) (c) (i), the terms 'and 4 (1) with regard to  requirements referred to in Annex III, Part A (8), and from Articles' shall be deleted. 16.In  Article 14 (2) and (3), the terms 'or, in urgent cases, with that laid down in Article 17', shall  be inserted after 'In accordance with the procedure laid down in Article 16'. 17.In Article 14 (3),  second indent, the terms '1 to 8 and 10' shall be replaced by 'remaining items', and the words  'with regard to the requirements referred to in Annex IV, Part A, 2, 3 and 4' replaced by 'with  regard to other requirements referred to in Annex IV, Part A'. 18.In Article 14 (3), the following  indent shall be inserted after the second indent:'-  from Articles 7 (2) and 12 (1) (b), in the  case of wood, if equivalent safeguards are given.' Article 21.    Member States shall bring into  force the laws, regulations or administrative provisions necessary to comply with this Directive by  1 January 1987 at the latest. 2.    Member States shall forthwith inform the Commission of all  laws, regulations and administrative provisions adopted in implementation of this Directive. The  Commission shall inform the other Member States thereof. Article 3This Directive is addressed to  the Member States. Done at Brussels, 19 December 1985. For the Council The  President M. FISCHBACH                                            (1)  OJ No C  186, 13. 7. 1984, p. 6. (2)  OJ No C 300, 12. 11. 1984, p. 53. (3)  OJ No C 25, 28. 1. 1985, p. 31. (4)  OJ No L 26, 31. 1. 1977, p. 20. (5)  OJ No L 207, 2. 8. 1984, p. 1.


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31974L0007

Third Commission Directive 74/7/EEC of 13 December 1973 amending the Annexes of the Council Directive of 23 November 1970 on additives in feedingstuffs

Official Journal L 014 , 17/01/1974 P. 0021 - 0022 Greek special edition: Chapter 03 Volume 10 P. 0117

++++THIRD COMMISSION DIRECTIVE  OF 13 DECEMBER 1973  AMENDING THE ANNEXES OF THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ON ADDITIVES IN FEEDINGSTUFFS   ( 74/7/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ( 1 ) ON ADDITIVES IN FEEDINGSTUFFS , AS LAST AMENDED BY THE SECOND COMMISSION DIRECTIVE OF 27 JULY 1973 ( 2 ) , AND IN PARTICULAR ARTICLE 6 ( 1 ) ,  ( A ) THEREOF ;  WHEREAS THE PROVISIONS OF THE ABOVEMENTIONED DIRECTIVE PROVIDE FOR THE CONTENT OF THE ANNEXES TO BE CONSTANTLY AMENDED DUE TO THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;  WHEREAS IT HAS BECOME APPARENT THAT DIMETICLORPINDOL , CURRENTLY APPEARING IN ANNEX II AND WHICH THEREFORE MAY ONLY BE USED AT NATIONAL LEVEL ; CORRESPONDS , IN ALL RESPECTS , TO THE PRINCIPLES GOVERNING THE AUTHORIZATION OF ADDITIVES AT COMMUNITY LEVEL ;  WHEREAS IT IS ADVISIBLE TO AUTHORIZE THE USE OF THIS ADDITIVE THROUGHOUT THE COMMUNITY BY TRANSFERRING IT FROM ANNEX II TO ANNEX I OF THE ABOVEMENTIONED DIRECTIVE ;  WHEREAS IT IS NEVERTHELESS NECESSARY TO PROVIDE FOR CERTAIN CONDITIONS OF USE , WITH REGARD TO THIS ADDITIVE , IN ORDER TO AVOID ALL INAPPROPRIATE USES ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ON ADDITIVES IN FEEDINGSTUFFS SHALL BE AMENDED AS STIPULATED IN THE FOLLOWING ARTICLES .  ARTICLE 2  IN ANNEX I PART D " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " , THE FOLLOWING PROVISION SHALL BE ADDED :  EEC NO*ADDITIVES*CHEMICAL FORMULA , DESCRIPTION*SPECIES OF ANIMAL*MAXIMUM AGE*PPM OF COMPLETE FEEDINGSTUFFS*OTHER PROVISIONS*  *****MINIMUM CONTENT*MAXIMUM CONTENT**  E 755*METICLORPINDOL*3,5-DICHLORO-2,6-DIMETHYL - 4-PYRIDINOL*CHICKENS FOR FATTENING , GUINEAFOUL*  - *125*125*USE PROHIBITED FROM LAYING AGE ONWARDS AND AT LEAST THREE DAYS BEFORE SLAUGHTER RESPECTIVELY*  ARTICLE 3  IN ANNEX II PART B " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " , ADDITIVE NO 5 SHALL BE DELETED .  ARTICLE 4  THE MEMBER STATES SHALL , NOT LATER THAN 1 MARCH 1974 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 5  THIS DIRECTIVE IS ADDRESSED TO ALL MEMBER STATES .  DONE AT BRUSSELS , 13 DECEMBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI  ( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 254 , 11 . 9 . 1973 , P . 16 .


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31978L0613

Twenty-third Commission Directive 78/613/EEC of 23 June 1978 amending the Annexes to Council Directive 70/524/EEC concerning the additives in feedingstuffs

Official Journal L 198 , 22/07/1978 P. 0010 - 0010 Greek special edition: Chapter 03 Volume 22 P. 0038

****( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 159 , 17 . 6 . 1978 , P . 43 .        TWENTY-THIRD COMMISSION DIRECTIVE   OF 23 JUNE 1978   AMENDING THE ANNEXES TO COUNCIL DIRECTIVE 70/524/EEC CONCERNING THE ADDITIVES IN FEEDINGSTUFFS  ( 78/613/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DIRECTIVE 70/524/EEC OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ( 1 ), AS LAST AMENDED BY TWENTY-SECOND COMMISSION DIRECTIVE 78/522/EEC ( 2 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,   WHEREAS THE ABOVEMENTIONED DIRECTIVE STIPULATES THAT THE CONTENT OF THE ANNEXES IS TO BE CONSTANTLY ADAPTED TO KEEP PACE WITH SCIENTIFIC AND TECHNICAL KNOWLEDGE ;   WHEREAS IT APPEARS THAT THE USE OF SULPHAQUINOXALINE ALLOWED UNDER ANNEX II STILL REQUIRES FURTHER TESTING ; WHEREAS THE PERIOD DURING WHICH THE MEMBER STATES MAY AUTHORIZE ITS USE SHOULD THEREFORE BE EXTENDED SUBJECT TO CERTAIN CONDITIONS ;   WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   IN ANNEX II TO DIRECTIVE 70/524/EEC , UNDER PART B  ' COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES ' , ITEM NO 8  ' SULPHAQUINOXALINE '  IS HEREBY AMENDED TO READ AS FOLLOWS :    //   //  //  //  CHEMICAL //  //  //  MINIMUM CONTENT //  MAXIMUM CONTENT //   // NO  //  ADDITIVES  //  NAME , DESCRIPTION //  ANIMAL SPECIES //  MAXIMUM AGE //  PPM OF COMPLETE FEEDINGSTUFF //  OTHER PROVISIONS //  PERIOD OF AUTHORIZATION //   // 8  //  SULPHAQUINOXALINE //  2-P- AMINOBENZENE SULPHONAMIDO QUINOXALINE  //  RABBITS //   -  //  125 //  250 //  USE PROHIBITED AT LEAST SEVEN DAYS BEFORE SLAUGHTER //  31 DECEMBER 1978 //   ARTICLE 2   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 23 JUNE 1978 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT


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31964L0225

Council Directive 64/225/EEC of 25 February 1964 on the abolition of restrictions on freedom of establishment and freedom to provide services in respect of reinsurance and retrocession

Official Journal 056 , 04/04/1964 P. 0878 - 0883 Finnish special edition: Chapter 6 Volume 1 P. 0020  Danish special edition: Series I Chapter 1963-1964 P. 0123  Swedish special edition: Chapter 6 Volume 1 P. 0020  English special edition: Series I Chapter 1963-1964 P. 0131  Greek special edition: Chapter 06 Volume 1 P. 0036  Spanish special edition: Chapter 06 Volume 1 P. 0038  Portuguese special edition Chapter 06 Volume 1 P. 0038

COUNCIL DIRECTIVE of 25 February 1964 on the abolition of restrictions on freedom of establishment and freedom to provide services in respect of reinsurance and retrocession (64/225/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2) and (3) and 63 (2) thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment, 1 and in particular Title IV A thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services, 2 and in particular Title V C thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 3;  Having regard to the Opinion of the Economic and Social Committee 4;  Whereas the General Programmes provide that all branches of reinsurance must, without distinction, be liberalised before the end of 1963 as regards both right of establishment and provision of services;  Whereas reinsurance is effected not only by undertakings specialising in reinsurance but also by so-called "mixed" undertakings, which deal both in direct insurance and in reinsurance and which should therefore be covered by measures taken in implementation of this Directive in respect of that part of their business which is concerned with reinsurance and retrocession;  Whereas, for the purposes of applying measures concerning right of establishment and freedom to provide services, companies and firms are to be treated in the same way as natural persons who are nationals of Member States, subject only to the conditions laid down in Article 58 and, where necessary, to the condition that there should exist a real and continuous link with the economy of a Member State ; whereas therefore no company or firm may be required, in order to obtain the benefit of such measures, to fulfil any additional condition, and in particular no company or firm may be required to obtain any special authorisation not required of a domestic company or firm wishing to pursue a particular economic activity ; whereas, however, such uniformity of treatment should not prevent Member States from requiring that a company having a share capital should operate in their countries under the description by which it is known in the law of the Member State under which it is constituted, and that it should indicate the amount of its subscribed capital on the business papers which it uses in the host Member State;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall abolish, in respect of the natural persons and companies or firms covered by Title I of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services the restrictions referred to in Title III of those General Programmes affecting the right to take up and pursue the activities specified in Article 2 of this Directive.   Article 2 The provisions of this Directive shall apply:    1. to activities of self-employed persons in reinsurance and retrocession falling within Group ex 630  1 OJ No 2, 15.1.1962, p. 36/62.  2 OJ No 2, 15.1.1962, p. 32/62.  3 OJ No 33, 4.3.1963, p. 482/63.  4 OJ No 56, 4.4.1963, p. 882/64.  in Annex I to the General Programme for the abolition of restrictions on freedom of establishment;       2. in the special case of natural persons, companies or firms referred to in Article 1 which deal both in direct insurance and in reinsurance and retrocession, to that part of their activities which is concerned with reinsurance and retrocession.          Article 3 Article 1 shall apply in particular to restrictions arising out of the following provisions:    (a) with regard to freedom of establishment:  - in the Federal Republic of Germany      (1) Versicherungsaufsichtsgesetz of 6 June 1931, last sentence of Article 106 (2), and Article 111 (2), whereby the Federal Minister of Economic Affairs is given discretionary powers to impose on foreign nationals conditions for taking up activities in insurance and to prohibit such nationals from pursuing such activities in the territory of the Federal Republic;           (2) Gewerbeordnung, paragraph 12, and Law of 30 January 1937, Article 292, whereby foreign companies and firms are required to obtain prior authorisation;              - in the Kingdom of Belgium  Arrêté royal No 62 of 16 November 1939 and Arrêté ministériel of 17 December 1945, which require the possession of a carte professionelle;   - in the French Republic      (1) Décret-loi of 12 November 1938 and Décret of 2 February 1939, both as amended by the Law of 8 October 1940, which require the possession of a carte d'identité de commerçant;           (2) Second paragraph of Article 2 of the Law of 15 February 1917, as amended and supplemented by Décret-loi of 30 October 1935, which requires that special authorisation be obtained;              - in the Grand Duchy of Luxembourg  Law of 2 June 1962, Articles 19 and 21 (Mémorial A No 31 of 19 June 1962).       (b) with regard to freedom to provide services:  - in the French Republic  Law of 15 February 1917, as amended by Décret-loi of 30 October 1935, namely:      (1) The second paragraph of Article 1, which empowers the Minister of Finance to draw up a list of specified undertakings, or of undertakings of a specified country, with which no contract for reinsurance or retrocession of any risk in respect of any person, property or liability in France may be concluded;           (2) the last paragraph of Article 1, which prohibits the acceptance of reinsurance or of retrocession risks insured by the undertakings referred to in (b) (1) above;           (3) the first paragraph of Article 2, which requires that the name of the person referred to in that Article must be submitted to the Minister of Finance for approval;              - in the Republic of Italy  The second paragraph of Article 73 of the consolidated text approved by Decreto No 449 of 13 February 1959, which empowers the Minister of Industry and Commerce to prohibit the transfer of reinsurance or retrocession risks to specified foreign undertakings which have not established legal representation in Italian territory.          Article 4 Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 25 February 1964.  For the Council  The President  H. FAYAT


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Commission Directive 2003/29/EC of 7 April 2003 adapting for the fourth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (Text with EEA relevance)

Official Journal L 090 , 08/04/2003 P. 0047 - 0047

Commission Directive 2003/29/ECof 7 April 2003adapting for the fourth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(1), as last amended by Directive 2001/6/EC(2), and in particular Article 8 thereof,Whereas:(1) The Annex to Directive 96/49/EC refers to the Regulation concerning the international carriage of dangerous goods by rail, generally known as the RID, as applicable with effect from 1 July 2001.(2) The RID is updated every two years. Consequently, the amended version will be in force with effect from 1 January 2003, with a transitional period up to 30 June 2003.(3) It is therefore necessary to amend the Annex to Directive 96/49/EC.(4) The measures provided for in this Directive are in conformity with the opinion of the Committee on the transport of dangerous goods referred to in Article 9 of Directive 96/49/EC,HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 96/49/EC is hereby replaced by the following:"ANNEXRegulation concerning the international carriage of dangerous goods by rail (RID) appearing in Annex I to Appendix B to the Convention concerning International Carriage by Rail (COTIF), as applicable with effect from 1 January 2003, it being understood that the terms "contracting party" and "the States or the railways" will be replaced by the term "Member State".The text of the amendments of the 2003 version of the RID will be published as soon as it is available in all official languages of the Community."Article 21. The Member States shall bring into force the laws, the regulations and administrative provisions necessary to conform with this Directive no later than 1 July 2003. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. The Member States shall notify to the Commission the text of the provisions of internal law which they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 7 April 2003.For the CommissionLoyola De PalacioVice-President(1) OJ L 235, 17.9.1996, p. 25.(2) OJ L 30, 1.2.2001, p. 42.