Avis juridique important

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31987L0522

Council Directive 87/522/EEC of 19 October 1987 amending Directive 81/527/EEC on the development of agriculture in the French overseas departments

Official Journal L 304 , 27/10/1987 P. 0044 - 0044

*****COUNCIL  DIRECTIVE  of 19 October 1987  amending Directive 81/527/EEC on the development of agriculture in the French overseas departments  (87/522/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (1), as last amended by Regulation (EEC) No 1760/87 (2), and in particular Article 18 thereof,  Having regard to the proposal from the Commission (3),  Having regard to the opinion of the European Parliament (4),  Whereas Article 6 (1) of Directive 81/527/EEC (5), as amended by Regulation (EEC) No 797/85, provides that the common measure is to last five years from the date on which the programme concerned is approved; whereas that period expired on 28 January 1987;  Whereas the implementation of measures introduced by Directive 81/527/EEC has effectively contributed to the development of agriculture in the overseas departments; whereas, however, the low level of economic development and the underdevelopment of the agricultural sector of the said departments as compared with the other Community regions calls for the possibility of continuing the work laid down in the programme for applying the measures, in order to consolidate progress achieved;  Whereas it is necessary in particular to step up the technical assistance effort called for by the innovative character of the diversification of production in order, additionally, to ensure a link between experimental stations and agricultural holdings;  Whereas the financial breakdown should be made more flexible in line with the special requirements of application,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 81/527/EEC is hereby amended as follows:  1. Article 5 (1) shall be replaced by the following:  '1. Expenditure incurred by the French Republic, under the programme, on the measures referred to in Article 3 shall be eligible under the Guidance Section of the Fund up to the following limits:  - under Article 3 (a), up to 50 million ECU;  - under Article 3 (b), up to 122 million ECU;  - under Article 3 (c), up to 57 million ECU;  - under Article 3 (d), up to 18 million ECU;  - under Article 3 (e), up to 40,5 million ECU, of which a maximum of 5,35 million ECU may be used for technical assistance and the application of agronomical research findings.  When the programme or any amendments thereto are approved, as referred to in Article 2 (2), the Commission may adjust those limits, without, however, exceeding the estimated cost provided for in Article 6 (3) or the figure of 5,35 million ECU for technical assistance and the application of research findings.'  2. Article 6 (1) and (3) shall be replaced by the following:  '1. The duration of the common measure shall be not more than seven years from the date on which the programme is approved.'  '3. The total estimated cost of the common measure to be borne by the Fund shall be 115 million ECU.'  Article 2  This Directive is addressed to the French Republic.  Done at Luxembourg, 19 October 1987.  For the Council  The President  L. TOERNAES  (1) OJ No L 93, 30. 3. 1985, p. 1.  (2) OJ No L 167, 26. 6. 1987, p. 1.  (3) OJ No C 175, 3. 7. 1987, p. 5.  (4) Opinion delivered on 16 October 1987 (not yet published in the Official Journal).  (5) OJ No L 197, 20. 7. 1981, p. 38.


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32000L0004

Directive 2000/4/EC of the European Parliament and of the Council of 28 February 2000 amending Council Directive 74/60/EEC on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of controls, the roof or sliding roof, the backrest and rear part of the seats)

Official Journal L 087 , 08/04/2000 P. 0022 - 0031

Directive 2000/4/EC of the European Parliament and of the Councilof 28 February 2000amending Council Directive 74/60/EEC on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of controls, the roof or sliding roof, the backrest and rear part of the seats)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) It is desirable to introduce into Council Directive 74/60/EEC(4), requirements concerning power-operated windows with the aim of eliminating the danger to children, which can occur when closing these windows; similar requirements should also apply to power-operated roof panel systems and partition systems; for this purpose the title and the scope of Directive 74/60/EEC should be amended accordingly.(2) Directive 74/60/EEC is one of the separate directives of the EC type-approval procedure which has been established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5); consequently, the provisions laid down in Directive 70/156/EEC relating to vehicles, vehicle systems, components and separate technical units apply to Directive 74/60/EEC.(3) In particular, Articles 3(4) and 4(3) of Directive 70/156/EEC require that each separate Directive has attached to it an information document incorporating the relevant items of Annex I to Directive 70/156/EEC and also a type-approval certificate based on Annex VI to Directive 70/156/EEC in order that type-approval may be computerised.(4) It is important that vehicles in categories other than M1, in particular those in categories M2 and N1, are able at the earliest opportunity to afford the driver and passengers, more particularly children, the level of safety provided by Directive 74/60/EEC; to that end it should be made possible for the scope of Directive 74/60/EEC to be extended to cover such vehicles in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.(5) The amendments to Directive 74/60/EEC relate only to its administrative provisions and to power-operated windows, roof panel and/or partition systems; it is not necessary therefore to invalidate existing approvals granted under Directive 74/60/EEC nor to prevent the registration, sale and entry into service of new vehicles, which are not fitted with power-operated windows, roof panel and/or partition systems and which are covered by such approvals.(6) In accordance with the principle of proportionality as set out in the third paragraph of Article 5 of the Treaty, the measures contained in this Directive do not go beyond what is necessary to achieve the objectives of the Treaty,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 74/60/EEC is hereby amended as follows:1. The title shall be replaced by the following:"Council Directive 74/60/EEC of 17 December 1973 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles."2. Articles 1, 2 and 3 shall be replaced by the following:"Article 1For the purpose of this Directive, 'vehicle' means any vehicle as defined in Article 2 of Directive 70/156/EEC.Article 2No Member State may refuse to grant EC type-approval or national type-approval of a vehicle on grounds relating to the interior fittings of the vehicles if these meet the requirements set out in the Annexes hereto.Article 3No Member State may refuse to register or prohibit the sale, entry into service or use of any vehicle on grounds relating to the interior fittings of the vehicles if these meet the requirements set out in the Annexes."3. Articles 4 and 5 shall be deleted.4. The Annexes shall be amended in accordance with the Annex to this Directive.Article 21. With effect from 8 April 2001, Member States may not, on grounds relating to the interior fittings of the motor vehicles,- refuse, in respect of a type of vehicle, to grant EC type-approval or national type-approval, or- prohibit the registration, sale or entry into service of vehicles,if the vehicles comply with the requirements of Directive 74/60/EEC.2. With effect from 8 April 2002, Member States shall no longer grant EC type-approval for a new type of vehicle on grounds relating to the interior fittings of the motor vehicles if the requirements of Directive 74/60/EEC are not complied with.3. With effect from 8 April 2003, Member States:- shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and- may refuse the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity unless Article 8(2) of Directive 70/156/EEC is invoked,on grounds relating to the interior fittings of motor vehicles if the vehicles are fitted with power-operated windows, roof panel and/or partition systems and the requirements of Directive 74/60/EEC, are not complied with.4. This Directive will not invalidate any approval for types of vehicles which are not fitted with power-operated windows, roof panel and/or partition systems previously granted under Directive 74/60/EEC nor prevent extensions of such approvals under the terms of the Directive under which they where originally granted.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 8 April 2001 and shall forthwith inform the Commission thereof.2. 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 reference shall be laid down by the Member States.3. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 28 February 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Pina Moura(1) OJ C 149, 15.5.1998, p. 10.(2) OJ C 407, 28.12.1998, p. 56.(3) Opinion of the European Parliament of 9 February 1999 (OJ C 150, 28.5.1999, p. 26), Council Common Position of 28 October 1999 (OJ C 346, 2.12.1999, p. 17) and Decision of the European Parliament of 3 February 2000.(4) OJ L 38, 11.2.1974, p. 2. Directive as amended by Commission Directive 78/632/EEC (OJ L 206, 29.7.1978, p. 26).(5) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25).ANNEXAMENDMENTS TO THE ANNEXES TO DIRECTIVE 74/60/EEC1. The following List of Annexes shall be inserted between the Articles and Annex I:"LIST OF ANNEXES>TABLE>"2. Annex I is amended as follows.(a) Footnote 1 is deleted.(b) The title is replaced by the following:"SCOPE, DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL OF A VEHICLE TYPE, SPECIFICATIONS, GRANTING OF EC TYPE-APPROVAL OF A VEHICLE TYPE, MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS AND CONFORMITY OF PRODUCTION".(c) Item 1 is replaced by the following:"1. SCOPEThis Directive applies to vehicles of category M1 as defined in Annex II, Section A to Directive 70/156/EEC".(d) Items 2.1 and 2.2 are replaced by the following:"2.1. 'Interior fittings' are:2.1.1. interior parts of the passenger compartment other than the interior rear-view mirrors;2.1.2. the layout of the controls;2.1.3. the roof or opening roof;2.1.4. the backrest and the rear part of the seats;2.1.5. power-operated windows, roof panel and partition systems.2.2. 'Vehicle type' with respect to the interior fittings of a passenger compartment means motor vehicles which do not differ in such essential respects as:".(e) The following items are inserted:"2.2.3. the roof or opening roof;2.2.4. the backrest and the rear part of the seats;2.2.5. power-operated windows, roof panel and partition systems".(f) The following items are inserted:"2.10. 'Power-operated windows' means windows which are closed by power supply of the vehicle.2.11. 'Power-operated roof-panel systems' means movable panels in the vehicle roof which are closed by power supply of the vehicle by either a sliding or tilting motion, and which do not include convertible top systems.2.12. 'Power-operated partition systems' means systems which divide a passenger car compartment into at least two sections and which are closed using the power supply of the vehicle.2.13. 'Opening' is the maximum unobstructed aperture between the upper edge or the leading edge, depending on the closing direction, of a power-operated window or partition or roof panel and the vehicle structure which forms the boundary of the window, partition or roof panel, when viewed from the interior of the vehicle or, in the case of partition system, from the rear part of the passenger compartment.To measure an opening, a cylindrical test rod shall (without exerting force) be placed through it normally perpendicular to the window, roof panel or partition as shown in Figure 1, from the interior of the vehicle or, as applicable, from the rear part of passenger compartment".(g) Items 3 to 3.3 are replaced by the following:"3. APPLICATION FOR EC TYPE-APPROVAL OF A VEHICLE TYPE3.1. The application for EC type-approval pursuant to Article 3(4) of Directive 70/156/EEC of a vehicle type with regard to its interior fittings shall be submitted by the manufacturer.3.2. A model of the information document is given in Appendix 1.3.3. The following must be submitted to the technical service responsible for conducting the type-approval tests:".(h) The following items are inserted:"5.5.2. Power-operated roof-panel systems5.5.2.1. In addition, power-operated roof-panel systems and their controls shall meet the requirements of Item 5.8 below".(i) Items 5.8 and 5.8.1 are renumbered as Items 5.9 and 5.9.1.(j) The following items are inserted:"5.8. Power-operated windows, roof-panel systems and partition systems5.8.1. The requirements below apply to power-operated windows/roof-panel systems/partition systems to minimise the possibility of injuries caused by accidental or improper operation.5.8.2. Normal operating requirementsExcept as provided in Item 5.8.3, power-operated windows/roof-panel systems/partition systems may be closed under one or more of the following conditions:5.8.2.1. when the ignition key is inserted in the ignition control in any position of use;5.8.2.2. by muscular force unassisted by power supply of the vehicle;5.8.2.3. on continuous activation by a locking system on the outside of the vehicle;5.8.2.4. during the interval of time between the moment the ingnition has been switched from 'on' to 'off' and/or the key has been removed and the moment that neither of the two front doors has been opened sufficiently to permit egress of occupants;5.8.2.5. when the closing movement of a power-operated window, roof panel or partition starts at an opening not exceeding 4 mm;5.8.2.6. when the power-operated window of a vehicle's door without an upper door frame closes automatically whenever the pertinent door is closed. In this case the maximum opening, as defined in Item 2.13, prior to window closing, shall not exceed 12 mm.5.8.2.7. Remote closing shall be allowed by continuous activation of a remote actuation device, provided one of the following conditions is fulfilled:5.8.2.7.1. the remote actuation device shall be incapable of closing the power-operated window/roof panel/partition from a distance of more than 11 metres from the vehicle;5.8.2.7.2. the remote actuation device shall be incapable of closing the power-operated window/roof panel/partition:- if the actuation device and the vehicle are separated by an opaque surfaceand- if from the distance between the remote actuation device and the vehicle is more than 6 metres.5.8.2.8. One-touch closing shall be permitted only for the power-operated window of the driver's door and the roof panel, and only during the time when the ignition key is in the engine running position.5.8.3. Auto-reversing requirements5.8.3.1. None of the requirements in Item 5.8.2 shall apply if a power-operated window/roof panel system/partition is fitted with an auto-reversing device.5.8.3.1.1. This device shall reverse the window/roof panel/partition before it exerts a pinch force of more than 100 N within the opening of 200 mm to 4 mm above the top edge of a power-operated window/partition or in front of the leading edge of a sliding roof panel and at the trailing edge of a tilting roof panel.5.8.3.1.2. After such an auto-reversal, the window or roof panel or partition shall open to one of the following positions:5.8.3.1.2.1. a position that permits a semi-rigid cylindrical rod of a diameter of 200 mm to be placed through the opening at the same contact point(s) used to determine the reversing behaviour in Item 5.8.3.1.1;5.8.3.1.2.2. a position that represents at least the initial position before closing was initiated;5.8.3.1.2.3. a position at least 50 mm more open than the position at the time when reversing was initiated;5.8.3.1.2.4. in the case of tilting motion of a roof panel, the maximum angular opening.5.8.3.1.3. To check power-operated windows/roof-panel systems/partition systems with reversing devices, a measuring instrument/test rod shall be placed through the opening from the inside of the vehicle or, in the case of a partition system, from the rear part of the passenger compartment in such a way that the cylindrical surface of the rod contacts any part of the vehicle structure which forms the boundary of the window/roof-panel aperture/partition. The force deflection ratio of the measuring instrument shall be not more than 10 N/mm. The position of the test rods (normally located perpendicular to the window/roof panel/-partition) are illustrated in Appendix 3, Figure 1.5.8.4. Switch location and operation5.8.4.1. Switches of power-operated windows/roof panels/partitions shall be located or operated in such a way to minimise the risk of accidental closing. The switches shall require continuous actuation for closing except in the case of Items 5.8.2.6, 5.8.2.8 or 5.8.3.5.8.4.2. All rear-window, roof-panel and partition switches intended for use by occupants in the rear of the vehicle shall be capable of being switched off by a driver-controlled switch which is located forward of a vertical transverse plane passing through the R points of the front seats. The driver controlled switch is not required if a rear window, roof panel or partition is equipped with an auto-reversing device. If, however, the driver-controlled switch is present, it shall not be able to override the auto-reversing device.The driver-controlled switch shall be located so as to minimise any accidental manipulating. It shall be identified by the symbol shown in Appendix 4.5.8.5. Protection devicesAll protection devices which are used to prevent damage to the power source in the case of an overload or stalling shall be capable of resetting automatically while the switch controlling the window/roof panel/partition is activated.5.8.6. Handbook instructions5.8.6.1. The owner's manual of the vehicle shall contain clear instructions relating to the power-operated window/roof panel/partition, including:5.8.6.1.1. explanation of possible consequences (entrapment),5.8.6.1.2. use of the driver-controlled switch,5.8.6.1.3. a 'WARNING' message indicating the dangers, particularly to children in the case of improper use/activation of the power-operated windows/roof-panel systems/partition systems. This information should indicate the responsibilities of the driver, including instructions for other occupants and the recommendation to leave the vehicle only if the key is removed from the ignition lock,5.8.6.1.4. a 'WARNING' message indicating that special care should be taken when using remote closing systems (see Item 5.8.2.7), for example to actuate it only when the operator has a clear view of the vehicle to be sure that nobody can be trapped by power-operated windows/roof-panel/partition equipment".(k) Items 6, 7 and 8 are replaced by the following:"6. GRANTING OF EC TYPE-APPROVAL OF A VEHICLE TYPE6.1. If the relevant requirements are satisfied, EC type-approval shall be granted pursuant to Article 4(3) of Directive 70/156/EEC.6.2. A model for the EC type-approval certificate is given in Appendix 2.6.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of vehicle approved. The same Member State shall not assign the same number to another type of vehicle.7. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS7.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.8. CONFORMITY OF PRODUCTION8.1. Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 to Directive 70/156/EEC".(l) The following Appendices are inserted: "Appendix 1>PIC FILE= "L_2000087EN.002802.EPS">Appendix 2>PIC FILE= "L_2000087EN.002902.EPS">Appendix 3>PIC FILE= "L_2000087EN.003002.EPS">Appendix 4>PIC FILE= "L_2000087EN.003102.EPS">"


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32000L0016

Directive 2000/16/EC of the European Parliament and the Council of 10 April 2000 amending Council Directive 79/373/EEC on the marketing of compound feedingstuffs and Council Directive 96/25/EC on the circulation of feed materials

Official Journal L 105 , 03/05/2000 P. 0036 - 0038

Directive 2000/16/EC of the European Parliament and the Councilof 10 April 2000amending Council Directive 79/373/EEC on the marketing of compound feedingstuffs and Council Directive 96/25/EC on the circulation of feed materialsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 152(4) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC(4) lays down the principle of allocating an approval number to certain establishments or intermediaries; for reasons of transparency and in order to facilitate checks, the registration number or approval number, as the case may be, should be required to be shown on the label or in the document accompanying the compound feedingstuffs.(2) Article 2(l) of Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs(5) defines the minimum storage life of a compound feedingstuff as lasting until that date until which, under proper storage conditions, that feedingstuff retains its specific properties; the term "specific properties" encompasses all the properties which determine the quality of a compound feedingstuff, particularly the effectiveness of the additives it contains; this effectiveness is indicated by the expiry date of the guarantee, which has to be stated in accordance with Council Directive 70/524/EEC(6); therefore, in all cases in which the minimum storage life of an additive is the limiting factor as regards the quality of a compound feedingstuff, this date is decisive in determining the minimum storage life of the compound feedingstuff; however, the relevant provision in Article 5d(1), second subparagraph, of Directive 79/373/EEC does not provide sufficient clarity and should therefore be replaced.(3) The German version of Directive 79/373/EEC uses the term "circulation" (Verkehr) instead of "marketing" (Vermarktung), as in the other language versions; since there is a difference in meaning, the language versions need to be aligned; since the scope of more recent Directives on animal feed law usually extends to "putting into circulation" or "circulation", Directive 79/373/EEC should be adjusted accordingly and a definition of "circulation" ("putting into circulation") should be included.(4) In accordance with Directive 79/373/EEC, Commission Decision 91/516/EEC(7) establishes a list of ingredients whose use is prohibited in compound feedingstuffs for reasons related to the protection of human and animal health; this ban does not, however, cover the circulation of such materials as feed materials or the use of these materials as such as feed materials by livestock farmers.(5) In order to remedy this situation, it is necessary, firstly, to widen the scope of Council Directive 96/25/EC of 29 April 1996 on the circulation of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC(8), in order to cover the use of feed materials as well; secondly, a list of materials whose circulation or use as feed materials is prohibited or restricted should be drawn up to replace Commission Decision 91/516/EEC, so that the scope of the prohibitions or restrictions is general and applies both to the use of the feed materials as such as well as to their use in compound feedingstuffs; Council Directive 79/373/EEC should be amended accordingly.(6) Experience has shown also that certain by-products which have been subjected to industrial processes may contain substances which, although not representing a threat to animal or human health, may have an unfavourable impact on the environment; it is therefore necessary to provide also that feed materials must not represent any danger to the environment.(7) Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin, and amending Directive 90/425/EEC(9), lays down the rules for the placing on the market of animal waste intended for uses other than human consumption, and Directive 96/25/EC lays down rules applying to labelling providing users with accurate information concerning the identity of the products and any restrictions on their use; there is a need to ensure that instruments relating to the veterinary sector and to animal nutrition are in perfect concordance.(8) In order to provide users and control authorities with the means to verify without difficulty the origin of feed materials and their compliance with the health guarantees with regard to Directive 90/667/EEC, it is necessary to include among the indications required for those feed materials the name and address of the producing establishment, the approval number, the reference number of the batch or any other particulars that will ensure that the feed material can be traced.(9) Directives 79/373/EEC and 96/25/EC should be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1Directive 79/373/EEC is hereby amended as follows:1. in Article 2, the following subparagraph shall be added:"(m) 'putting into circulation' or 'circulation': the holding of compound feedingstuffs for the purposes of sale, including offering for sale, or any other form of transfer, whether free or not, to third parties, and the sale and other forms of transfer themselves.";2. in Article 5(1), point (k) shall be replaced by the following:"(k) from 1 April 2001, the approval number allocated to the establishment in accordance with Article 5 of Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector(10) or, as the case may be, the registration number allocated to the establishment in accordance with Article 10 of that Directive.";3. in Article 5d(1), the second subparagraph shall be replaced by the following:"Where other Community provisions concerning compound feedingstuffs require indication of a minimum storage life or an expiry date of guarantee, the indication referred to in the first subparagraph shall be made, giving only the earliest date.";4. in Article 10, point (c) shall be deleted;5. in Article 10(e), the words "and the lists referred to in points (b) and (c)" shall be deleted;6. in Article 10a, the following paragraph shall be added:"3. Member States shall prescribe that the feed materials appearing on the list provided for in Article 11(b) of Directive 96/25/EC may not be used as feed materials in the preparation of compound feedingstuffs, in accordance with the provisions laid down in that Directive.";7. throughout the Directive, the term "marketing" shall be replaced by "circulation";8. (does not concern the English version).Article 2Directive 96/25/EC is hereby amended as follows:1. the title shall be replaced by the following:"Council Directive 96/25/EC of 29 April 1996 on the circulation and use of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC";2. Article 1(1) shall be replaced by the following:"1. This Directive shall apply to the circulation and use of feed materials within the Community.";3. Article 3 shall be replaced by the following:"Article 3Without prejudice to the obligations arising under other Community provisions, Member States shall prescribe that feed materials may be put into circulation in the Community only if they are of sound, genuine and merchantable quality. They shall prescribe that, when put into circulation or used, feed materials must not represent any danger to animal or human health or to the environment and must not be put into circulation in a manner that is liable to mislead.";4. In Article 5(1), point (g) shall be replaced by the following:"(g) the name or business name and the address or registered place of business of the producing establishment, the approval number, the reference number of the batch or any other particulars which ensure that the feed material can be traced, where the establishment must be approved in accordance with:- Directive 90/667/EEC(11),- Community measures included on a list to be drawn up in accordance with the procedure set out in Article 13;(h) the name or business name and the address or registered place of business of the person responsible for the particulars referred to in this paragraph, if different from the producer referred to in point (g).";5. Article 11 shall be amended as follows:(a) the words "Article 14" shall be replaced by "Article 13";(b) point (b) shall be replaced by the following:"(b) a list of materials whose circulation or use for animal nutrition purposes is restricted or prohibited shall be drawn up in order to ensure their compliance with Article 3;(c) amendments to the list referred to in point (b) shall be adopted in the light of advances in scientific and technical knowledge;(d) amendments to the Annex shall be adopted in the light of advances in scientific and technical knowledge."Article 31. Member States shall adopt and publish not later than 3 May 2001, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall inform the Commission thereof forthwith. The provisions adopted shall at the latest apply from 3 November 2001.When the 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 reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.Article 4This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Luxembourg, 10 April 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Gama(1) OJ C 261, 19.8.1998, p. 3.(2) OJ C 101, 12.4.1999, p. 89.(3) Opinion of the European Parliament of 16 December 1998 (OJ C 98, 9.4.1999, p. 150), confirmed on 16 September 1999, Council common position of 15 November 1999 (OJ C 17, 20.1.2000, p. 1) and decision of the European Parliament of 15 March 2000.(4) OJ L 332, 30.12.1995, p. 15. Directive as last amended by Council Directive 1999/29/EC (OJ L 115, 4.5.1999, p. 32).(5) OJ L 86, 6.4.1979, p. 30. Directive as last amended by Commission Directive 1999/61/EC (OJ L 162, 26.6.1999, p. 67).(6) OJ L 270, 14.1.1970, p. 1. Directive as last amended by Commission Regulation (EC) No 45/1999 (OJ L 6, 12.1.1999, p. 3).(7) OJ L 281, 9.10.1991, p. 23. Decision as last amended by Commission Decision 1999/420/EC (OJ L 162, 26.6.1999, p. 69).(8) OJ L 125, 23.5.1996, p. 35. Directive as last amended by Commission Directive 1999/61/EC (OJ L 162, 26.6.1999, p. 67).(9) OJ L 363, 27.12.1990, p. 51. Directive as last amended by the 1994 Act of Accession (OJ C 241, 29.8.1994, p. 155).(10) OJ L 332, 30.12.1995, p. 15. Directive as last amended by Council Directive 1999/29/EC (OJ L 115, 4.5.1999, p. 32).(11) OJ L 363, 27.12.1990, p. 51. Directive as last amended by the 1994 Act of Accession.


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31997L0045

21st Commission Directive 97/45/EC of 14 July 1997 adapting to technical progress Annexes II, III, VI and VII to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (Text with EEA relevance)

Official Journal L 196 , 24/07/1997 P. 0077 - 0078

21st COMMISSION DIRECTIVE 97/45/EC of 14 July 1997 adapting to technical progress Annexes II, III, VI and VII to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Commission Directive 97/1/EC (2) and in particular Article 8 (2) thereof,After consultation of the Scientific Committee on Cosmetology,Whereas the available scientific data indicate that the polyaromatic hydrocarbons (PAHs) level in refined coal tar are in the same range as the PAHs level in crude coal tar; whereas several studies show that PAHs enter the skin exposed to coal tars, which may lead to dermal and systemic carcinogenesis; whereas numerous PAHs are genotoxic carcinogens, and consequently no safe level can be established, the use of crude and refine coal tars in cosmetic products should be prohibited;Whereas a further toxicological evaluation, based on new data submitted by industry, of benzethonium chloride, shows that an acceptable safety margin is obtained as long as its use is limited to preservatives, at a limited concentration and for a reduced time of contact with the skin;Whereas, on the basis of the latest scientific and technical research, octyl methoxycinnamate may be used as an UV filter in cosmetic products;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directive on the removal of technical barriers to trade in the cosmetics products sector,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 76/768/EEC is hereby amended as shown in the Annex.Article 2 1. Member States shall take the necessary measures to ensure that as from 1 July 1998 for the substances set out in the Annex, neither manufacturers nor importers established in the Community shall place on the market products which do not comply with the requirements of this Directive.2. Member States shall take the necessary measures to ensure that the products referred to in paragraph 1 containing the substances set out in the Annex shall not be sold or otherwise supplied to the final consumer after 30 June 1999.Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 June 1998. They shall forthwith inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publications. The procedure for such reference shall be adopted by the Member States.2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.Article 4 This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 14 July 1997.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 262, 27. 9. 1976, p. 169.(2) OJ No L 16, 18. 1. 1997, p. 85.ANNEX The Annexes to Directive 76/768/EEC are amended as follows:1. In Annex II:The following reference number 420 is added:'420. Crude and refined coal tars`The following reference number 415 is deleted:'415. Diisobutyl-phenoxy-ethoxy-ethyldimethylbenzylammonium chloride (benzethonium chloride)`2. In Annex VI:(a) Part One:The following reference number is added:>TABLE>(b) Part Two:'30. 6. 1997` is replaced by '30. 6. 1998` for reference numbers 16, 21, 29.3. In Annex VII:(a) Part One:The following reference number is added:>TABLE>(b) Part Two:- Reference number 13 is deleted.- '30. 6. 1997` is replaced by '30. 6. 1998` for reference numbers 2, 5, 6, 12, 17, 25, 26, 29 and 32.


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31991L0188

Commission Directive 91/188/EEC of 19 March 1991 amending for the fifth time the Annex to Council Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances

Official Journal L 092 , 13/04/1991 P. 0042 - 0042 Finnish special edition: Chapter 3 Volume 37 P. 0011  Swedish special edition: Chapter 3 Volume 37 P. 0011

COMMISSION DIRECTIVE  of 19 March 1991  amending for the fifth time the Annex to Council Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances  (91/188/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (1), as last amended by Directive 90/533/EEC (2), and in particular Article  6 thereof,  Whereas the development of scientific and technical knowledge makes necessary certain amendments to the Annex to Directive 79/117/EEC;  Whereas it seems desirable to delete the remaining temporary derogations from the prohibitions laid down in the Directive since less hazardous treatments are now available;  Whereas all Member States have informed the Commission that they do not intend or no longer intend to avail themselves of these derogations;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Part A of the Annex to Directive 79/117/EEC, 'Mercury compounds', the text in column 2 is hereby deleted.  Article 2  Member States shall, not later than 31 March 1992, bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.  When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be laid down by Member States.  Article 3  This Directive is addressed to the Member States. Done at Brussels, 19 March 1991. For the Commission  Ray MAC SHARRY  Member of the Commission  (1) OJ No L 33, 8. 2. 1979, p. 36. (2) OJ No L 296, 27. 10. 1990, p. 63.


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31985L0590

Council Directive 85/590/EEC of 20 December 1985 amending Directive 83/515/EEC concerning certain measures to adjust capacity in the fisheries sector

Official Journal L 372 , 31/12/1985 P. 0049 - 0049 Spanish special edition: Chapter 04 Volume 4 P. 0248  Portuguese special edition Chapter 04 Volume 4 P. 0248

COUNCIL DIRECTIVE  of 20 December 1985 amending Directive 83/515/EEC concerning certain measures to adjust capacity in  the fisheries sector (85/590/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having  regard to the Treaty establishing the European Economic Community, Having regard to the Act of  Accession of Spain and Portugal, and in particular Article 396 thereof, Having regard to the  proposal of the Commission, Whereas it is necessary, in view of the accession of Spain and  Portugal, to amend Directive 83/515/EEC  (1), in order to adjust the total estimated cost charged  to the Community's budget; Whereas, pursuant to Article 2  (3) of the Treaty of Accession, the  institutions of the Community may adopt, before accession, the measures referred to in Article 396  of the Act of Accession, such measures entering into force subject to and on the date of the entry  into force of that Treaty, HAS ADOPTED THIS DIRECTIVE:Article 1With effect from  1 January 1986, subject to the entry into force of the Treaty of Accession of Spain and Portugal,  Directive 83/515/EEC is hereby amended as follows:1.  The second subparagraph of Article 9 (4)  shall be replaced by the following:'The total estimated cost charged to the Community's budget is  estimated at: -  60 million ECU for the financial aid referred to in Article 3, -46 million ECU for  the financial aid referred to in Article 5.'2.In Article 13 (2) '45' shall be replaced by '54'.  Article 2This Directive is addressed to the Member States. Done at Brussels, 20  December 1985. For the Council The President R. STEICHEN                                    (1)  OJ No L 290, 22. 10. 1983, p. 15.


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31994L0068

Commission Directive 94/68/EC of 16 December 1994 adapting to technical progress Council Directive 78/318/EEC on the approximation of the laws of the Member States relating to the windscreen wiper and washer systems of motor vehicles

Official Journal L 354 , 31/12/1994 P. 0001 - 0009 Finnish special edition: Chapter 13 Volume 27 P. 0071  Swedish special edition: Chapter 13 Volume 27 P. 0071

COMMISSION DIRECTIVE 94/68/EC of 16 December 1994 adapting to technical progress Council Directive 78/318/EEC on the approximation of the laws of the Member States relating to the windscreen wiper and washer systems of motor vehiclesTHE  COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), at last amended by Commission Directive 93/81/EEC (2), and in  particular Article 13 (2) thereof,  Having regard to Council Directive 78/318/EEC of 21 December 1977 on the approximation of the laws of the Member States relating to the wiper and washer systems of motor vehicles (3), and in particular Article 5 thereof,  Whereas Directive 78/318/EEC is one of the separate directives of EEC type-approval procedure established under Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and  separate technical units apply to this Directive;  Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC require that each separate directive shall have attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval  certificate based on Annex VI thereto in order that type-approval may be computerized;  Whereas Council Directive 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers (4), as last amended by Commission Directive 90/630/EEC (5) established the  procedure for determining different characteristics of vehicles which are to be maintained;  Whereas in the light of technical progress it is possible to adapt Directive 78/318/EEC in order to bring the test specifications and procedures closer to the actual operating conditions for these systems;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 78/318/EEC shall be amended as follows:  1. In Article 1, the term between brackets 'as defined in Annex I to Directive 70/156/EEC' shall be replaced by the term 'as defined in Annex II A to Directive 70/156/EEC'.  2. Article 2 is amended as follows:  (a) in the first indent the words 'Annexes I to V' are replaced by 'the relevant Annexes';  (b) in the second and third indents the words 'within the meaning of Article 9a of Directive 70/156/EEC' are replaced by 'within the meaning of Article 2 of Directive 70/156/EEC'.  3. Article 3 is amended as follows:  (a) paragraph 1 is amended as follows:  (i) in the first indent the words 'Annexes I to V' are replaced by 'the relevant Annexes';  (ii) in the second indent the words 'within the meaning of Article 9a of Directive 70/156/EEC' are replaced by 'within the meaning of Article 2 of Directive 70/156/EEC';  (b) in paragraph 2 the words 'within the meaning of Article 9a of Directive 70/156/EEC' are replaced by 'within the meaning of Article 2 of Directive 70/156/EEC'.  4. In Article 4, '2.2' is replaced by '2.1'.  5. In Article 5, the words 'Annexes I to VII' are replaced by 'the Annexes'.  6. The list of Annexes and Annexes I, II, VI and VII are amended in accordance with the Annex to this Directive.   Article 2  1. With effect from 1 July 1995 Member States may not, on grounds relating to windscreen wiper and washer systems:  - refuse, in respect of a type of motor vehicle or a type of windscreen wiper and washer system, to grant EEC type-approval or national type-approval; or - prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of windscreen wiper and washer systems,  if the windscreen wiper and washer systems comply with the requirements of Directive 78/318/EEC as amended by this Directive.  2. With effect from 1 January 1996 Member States:  - shall no longer grant EEC type-approval, and - may refuse to grant national type-approval for a type of vehicle on grounds relating to windscreen wiper and washer systems and for a type of windscreen wiper and washer system if the requirements of Directive 78/318/EEC, as amended by this Directive, are not fulfilled.  3. Notwithstanding paragraph 2 above, for the purposes of replacement parts, Member States shall continue to grant EEC type-approval of windscreen wiper and washer systems in accordance with the original version of Directive 78/318/EEC, provided that  such windscreen washer systems:  - are intended to be fitted to vehicles already in use, and - comply with the requirements of that Directive as they were applicable when the vehicles were first registered.   Article 3  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1995 and shall forthwith inform the Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  2. Member States shall communicate to the Commission the texts of the legal provisions subsequently adopted in the field covered by this Directive.   Article 4  This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.  Done at Brussels, 16 December 1994.  For the Commission Martin BANGEMANN Member of the Commission  (1) OJ No L 42, 23. 2. 1970, p. 1.(2) OJ No L 264, 23. 10. 1993, p. 49.(3) OJ No L 81, 28. 3. 1978, p. 49.(4) OJ No L 267, 19. 10. 1977, p. 1.(5) OJ No L 341, 6. 12. 1990, p. 20.    ANNEX  1. In the list of Annexes:  - the asterisks after the titles of Annexes I to V and the related footnote shall be deleted;  - the title of Annex I shall be amended to read: 'Scope, definitions, applications for EEC type-approval, granting of EEC type-approval, specifications, test procedure, markings, amendments to approvals, conformity of production';  - the title of Annex VI shall be amended to read: 'Information document (vehicle)';  - the title of Annex VII shall be amended to read: 'Information document (separate technical unit)'; and - at the end of the list, the following shall be added:  'Annex VIII: Type-approval certificate (Vehicle) Annex IX: Type-approval certificate (Separate technical unit)' 2. Annex I shall be amended as follows:  - The title shall read:  'SCOPE, DEFINITIONS, APPLICATION FOR THE EEC TYPE-APPROVAL, SPECIFICATIONS, TEST PROCEDURE, MARKINGS, AMENDMENTS TO APPROVALS, CONFORMITY OF PRODUCTION' - Item (2.1.) shall be deleted.  - Items 2.2 to 2.4 shall be renumbered 2.1 to 2.3, respectively.  - Item 2.1.2 (former item 2.2.2) shall be amended to read:  '2.1.2. the shape and dimensions of the windscreen and its mountings where these are likely to affect the vision areas covered by Annex IV;' - Item 2.5 shall be deleted.  - Items 2.6 and 2.7 shall be renumbered 2.4 and 2.5 and the word 'seat-back' shall be replaced by 'torso'.  - Items 2.8 to 2.21 shall be renumbered 2.6 to 2.19, respectively.  - Item 2.18 (former item 2.20) shall be amended to read:  '2.18 Nozzle 'Nozzle' means a device which serves to direct the windscreen-washer fluid on to the windscreen.' - Items 3.1.1 shall be amended to read:  '3.1.1 The application for EEC type-approval pursuant to Article 3(4) of Directive 70/156/EEC of a vehicle type with regard to its windscreen-wiper and windscreen washer systems shall be submitted by the manufacturer.' - Item 3.1.2 shall be amneded to read:  '3.1.2 A model for the information document is given in Annex VI.' - Items 3.1.2.1 to 3.1.2.3 inclusive shall be deleted. Item 3.1.2.4 shall be renumbered 3.1.3.  - Item 3.2.1 shall be amended to read:  '3.2.1 The application for EC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC for a type of windscreen-washer system as a separate technical unit shall be submitted by the manufacturer.' - Item 3.2.2 shall be amended to read:  '3.2.2 A model for the information document is given in Annex VII.' - Item 3.2.2.1 shall be deleted. Item 3.2.2.2 shall be renumbered 3.2.3 and shall be amended to read:  '3.2.3 One specimen of the type of system to be approved shall be submitted to the technical service conducting the type-approval tests. The technical service may, if necessary, request a further specimen. The specimens must bear in a clearly legible  and indelible manner the applicant's trade name or mark and an identification of the type.' - Item 4 shall be amended to read: '4. GRANTING OF EEC TYPE-APPROVAL' - Item (4.1) shall be amended to read:  '4.1 If the relevant requirements are satisfied, EEC type-approval pursuant to Article 4 (3) and 4 (4) of Directive 70/156/EEC shall be granted.' - Item (4.2) shall be deleted.  - Items 4.3, 4.3.1 and 4.3.2 shall be renumbered 4.2, 4.2.1 and 4.2.2 and shall be amended to read:  '4.2 A model of the EEC type-approval certificate is given in:  4.2.1 Annex VIII for applications referred to in 3.1;  4.2.2 Annex IX for applications referred to in 3.2' - Item (4.4) shall be renumbered 4.3 and shall be amended to read:  '4.3 An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of vehicle or windscreen washer system approved. The same Member State shall not assign the same number to another type of vehicle or windscreen  washer system.' - Items (4.4) to (4.8) shall be deleted.  - Item 5.1.4 shall be amended to read:  '5.1.4 the frequencies referred to in point 5.1.3 shall be achieved as set out in items 6.1.1 to 6.1.6 and 6.1.8.' - Item 5.1.7 shall be amended to read:  '5.1.7 The system shall be capable of withstanding stalling for 15 seconds. The use of automatic circuit protection devices is allowed, provided that for possible resetting no action is required on controls other than the windscreen-wiper control. The  test procedure and conditions are described in item 6.1.7.' - Item 5.1.9.1 shall be amended to read:  '5.1.9.1 When subjected to a relative air speed equal to 80 % of the vehicle's maximum speed, but not exceeding 160 km/h, the windscreen wiper systems, operating at maximum frequency, shall continue to sweep a field as specified in item 5.1.2.1 with the  same efficiency and under the same conditions as set out in item 6.1.10.2.' - The following should be added to point 5.1.10:  'This requirement does not apply to devices which, when parked, are in an area of the windscreen which is hidden from view by parts of the vehicle (such as the bonnet, instrument panel, etc. . . . . . .).' - Item 5.2.2 shall be amended to read:  '5.2.2 The performance of the windscreen washer system shall not be adversely affected by exposure to the temperature cycles laid down in points 6.2.3 and 6.2.4.' - The following new item 6.1.10.2 is added after item 6.1.10.1:  '6.1.10.2 Where the outer face of the windscreen has been prepared as described in items 6.1.8 and 6.1.9 the windscreen washer may be used in all of the tests.' - The second sentence in item 6.2.3.1 shall be amended to read:  'The system shall then be placed in an ambient temperature of 20 ± 2 C until the ice has completely thawed, but in any case no longer than four hours.' - The second sentence in item 6.2.5.1 shall be amended to read:  'With the vehicle stationary and no significant wind effect, the washer nozzle or nozzles, if adjustable, shall be pointed towards the target area on the outer face of the windscreen.' - The items (7), (8) and (9) are amended to read:  '7. MARKINGS 7.1. Every windscreen washer system conforming to the type approved under this Directive as a separate technical unit shall bear an EEC type-approval mark.  7.2. This mark shall consist of a rectangle surrounding the letter "e" followed by the distinguishing number or letters of the Member State which has granted type-approval:  1 for Germany,  2 for France,  3 for Italy,  4 for the Netherlands,  6 for Belgium,  9 for Spain,  11 for the United Kingdom,  13 for Luxemburg,  18 for Denmark,  21 for Portugal,  23 for Greece,  IRL for Ireland.  It must also include in the vicinity of the rectangle the 'base approval number' contained in section 4 of the type-approval number referred to in Annex VII of Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to  the most recent major technical amendment to Directive 78/318/EEC on the date EEC type-approval was granted. In this Directive the sequence number is 00.  7.3. The EEC type-approval mark must be affixed to the container for the windscreen washer fluid in such a way as to be indelible and clearly legible even if the device is fitted to a vehicle.  7.4. An example of the EEC type-approval mark is shown in the Appendix.  8. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS 8.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.  9. CONFORMITY OF PRODUCTION 9.1. Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.' - Items (10) to (12) shall be deleted.  - The following new Appendix shall be added:  'Appendix Model for the EEC type-approval mark XTB:59239DE100 The windscreen washer system bearing the above EEC type-approval mark is a device which has been approved in Spain (e 9) under the base approval number 0148 on the basis of this Directive. The figures used are only indicative.' 3. Annex II shall be amended to read:  - 'Annex III to Council Directive 77/649/EEC shall be applicable.' - Footnote (1) shall be deleted.  4. Annexes VI and VII shall be deleted and shall be replaced by the following Annexes VI and VII:  'ANNEX VI Information Document No . . . . . .  pursuant to Annex I of Council Directive 70/156/EEC relating to EEC type-approval of a vehicle with respect to the wiper and washer system (Council Directive 78/318/EEC as last amended by Directive 94/68/EC) The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show  sufficient detail.  If the systems, components of separate technical units have electronic controls, information concerning their performance must be supplied.  0. GENERAL 0.1. Make (trade name of manufacturer):  0.2. Type and general commercial description(s):  0.3. Means of identification of type, if marked on the vehicle (b):  0.3.1. Location of that marking:  0.4. Category of vehicle (c):  0.5. Name and address of manufacturer:  0.8. Address(es) of assembly plant(s):  1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE 1.1 Photographs and/or drawings of a representative vehicle:  2. MASSES AND DIMENSIONS (e) (in kg and mm) 2.6 Mass of the vehicle with bodywork in running order, or mass of the chassis with cab if the manufacturer does not fit the bodywork (including coolant, oils, fuels, tools, spare wheel and driver) (o) (max. and min. for each version):  3. POWER PLANT (q) 3.2.1.8 Maximum net power (t): . . . . . . kW at . . . . . . min-1 3.2.5 Electrical system 3.2.5.1 Rated voltage: . . . . . . V, pos./neg. ground (1) 3.2.5.2 Generator 3.2.5.2.1 Type:  3.2.5.2.2 Nominal output: . . . . . . VA 4. TRANSMISSION (v) 4.7 Maximum vehicle speed and gear in which this is achieved (in km/h) (w):  9. BODYWORK 9.4.1 Particulars of the primary reference marks in sufficient detail to enable them to be readily identified and the position of each in relation to the others and to the R-point to be verified:  9.5.1 Windscreen The item numbers and footnotes used in this Information Document correspond to those set out in Annex I to Directive 70/156/EEC.  Items not relevant for the purpose of this Directive are omitted.9.5.1.2 Method of mounting:  9.5.1.4 Approval number(s):  9.6 Windscreen wiper(s) 9.6.1 Detailed technical description (including photographs or drawings):  9.7 Windscreen washer 9.7.1. Detailed technical description (including photographs or drawings) or, if approved as separate technical unit, type-approval number:  9.8 Defrosting and demisting 9.8.2 Maximum electrical consumption: . . . . . . kW 9.10 Interior fittings 9.10.3 Seats 9.10.3.5 Coordinates or drawing of the R point (x) 9.10.3.5.1 Driver's seat:  9.10.3.6 Design seat back angle 9.10.3.6.1 Driver's seat:  9.10.3.7 Range of seat adjustment 9.10.3.7.1 Driver's seat:  9.10.5 Heating systems for the passenger compartment 9.10.5.3 Maximum electrical consumption: . . . . . . kW ANNEX VII Information Document No. . . . . . .  relating to EEC type-approval as separate technical unit of the windscreen washer systems (Council Directive 78/318/EEC as last amended by Directive 94/68/EC) The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show  sufficient detail.  If the systems, components of separate technical units have electronic controls, information concerning their performance must be supplied.  0. GENERAL 0.1 Make (trade name of manufacturer):  0.2 Type and general commercial description(s):  0.5 Name and address of manufacturer:  0.7 In the case of components and separate technical units, location and method of affixing of the EEC approval mark:  0.8 Address(es) of assembly plant(s):  1. DESCRIPTION OF THE DEVICE 1.1 Detailed technical description (including photographs or drawings) identifying those components which may be fitted within the engine compartment.  1.2 Any restrictions of use and conditions for fitting.  5. The following two new Annexes VIII and IX shall be added:  'ANNEX VIII MODEL (maximum format: A4 (210 × 297 mm)) EEC TYPE-APPROVAL CERTIFICATE Communication concerning the - type approval (2)Stamp of Administration - extension of type approval (3) - refusal of type approval (4) - withdrawal of type approval (5) of a type of a vehicle/component/separate technical unit (6) with regard to Directive 78/38/EEC, as last amended by Directive 94/68/EC Type-approval number:  Reason for extension:  Section I 0.1 Make (trade name of manufacturer):  0.2 Type and general commercial description(s):  0.3 Means of identification of type if marked on the vehicle/component/separate technical unit (7) (8) 0.3.1 Location of that marking:  0.4 Category of vehicle (9):  0.5 Name and address of manufacturer:  0.7 In the case of components and separate technical units, location and method of affixing of the EEC approval mark:  0.8 Name(s) and address(es) of assembly plant(s):  Section II 1. Additional information (where applicable): See Appendix 2. Technical service responsible for carrying out the tests:  3. Date of test report:  4. Number of test report:  5. Remarks (if any): See Appendix 6. Place:  7. Date:  8. Signature:  9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.  Appendix to EEC type-approval certificate No. . . . . . .  concerning the type approval of a vehicle with regard to Directive 78/318/EEC as last amended by Directive . . . . . .  1. Additional information 1.1 Wiper, - number of blades:  1.2 Washer, - method of operation:  - type-approval mark (where applicable):  5. Remarks:  (e.g. valid for both left-hand drive and right-hand drive vehicles) ANNEX IX MODEL(maximum format: A4 (210 × 297 mm)) EEC TYPE-APPROVAL CERTIFICATE Communication concerning the - type approval (10) - extension of type approval (11) - refusal of type approval (12) - withdrawal of type approval (13) of a type of a vehicle/component/separate technical unit (14) with regard to Directive 78/318/EEC, as last amended by Directive 94/68/EEC Type-approval number:  Reason for extension:  Section I 0.1 Make (trade name of manufacturer):  0.2 Type and general commercial description(s):  0.3 Means of identification of type if marked on the vehicle/component/separate technical unit (15) (16);  0.3.1 Location of that marking:  0.4 Category of vehicle (17):  0.5 Name and address of manufacturer.  0.7 In the case of components and separate technical units, location and method of affixing of the EEC approval mark:  0.8 Name(s) and address(es) of assembly plant(s):  Section II 1. Additional information (where applicable): See Appendix 2. Technical service responsible for carrying out the tests:  3. Date of test report:  4. Number of test report:  5. Remarks (if any): See Appendix 6. Place:  7. Date:  8. Signature:  9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.  Appendix to EEC type-approval certificate No . . . . . .  concerning the separate technical unit type approval of windscreen washer systems with regard to Directive 78/318/EEC as last amended by Directive 94/68/EC 1. Additional information 1.1 Any restrictions of use and conditions of fitting:  5. Remarks:'.  Stamp of Administration   (1) Delete where not applicable.(2) Delete where not applicable.(3) If the means of identification of type contains characters not relevant to describe the vehicle, component of separate technical unit types covered by this type-approval certificate  such characters shall be represented in the documentation by the symbol: "?" (e.g. ABC??123??).(4) As defined in Annex II A to Directive 70/156/EEC.(5) Delete where not applicable.(6) If the means of identification of type contains characters not  relevant to describe the vehicle, component or separate technical unit types covered by this type-approval certificate such characters shall be represented in the documentation by the symbol: "?" (e.g. ABC??123??).(7) As defined in Annex II A to  Directive 70/156/EEC.


Avis juridique important

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31968L0192

Council Directive 68/192/EEC of 5 April 1968 concerning freedom of access to the various forms of credit for farmers who are nationals of one Member State and established in another Member State

Official Journal L 093 , 17/04/1968 P. 0013 - 0014 Finnish special edition: Chapter 6 Volume 1 P. 0062  Danish special edition: Series I Chapter 1968(I) P. 0089  Swedish special edition: Chapter 6 Volume 1 P. 0062  English special edition: Series I Chapter 1968(I) P. 0091  Greek special edition: Chapter 06 Volume 1 P. 0085  Spanish special edition: Chapter 06 Volume 1 P. 0084  Portuguese special edition Chapter 06 Volume 1 P. 0084

COUNCIL DIRECTIVE  of 5 April 1968  concerning freedom of access to the various forms of credit for farmers who are nationals of one Member State and established in another Member State  (68/192/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 54 (2) and (3) thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment 1, and in particular Title IV F 4 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 2;  Having regard to the Opinion of the Economic and Social Committee 3;  Whereas the General Programme for the abolition of restrictions on freedom of establishment includes a special timetable for attaining such freedom in agriculture, which takes into account the particular nature of agricultural activities ; whereas the fourth series of measures provided for in that timetable entails that, at the beginning of the third stage, each Member State will ensure that farmers who are nationals of other Member States have access to the various forms of credit on the same terms as its own nationals.  Whereas this Directive refers only to credits, that is repayable loans, and does not apply to aids and subsidies which do not have to be repaid in full, for the liberalisation of which the General Programme lays down a later date;  Whereas in practice, however, where loans carry subsidised rates of interest it is difficult to distinguish between the loan itself and the interest rate subsidy, and whereas this form of credit must consequently be included in the scope of this Directive;  Whereas beneficiaries under the Council Directive of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment in agriculture in the territory of a Member State in respect of nationals of other countries of the Community who have been employed as paid agricultural workers in that Member State for a continuous period of two years 4 and beneficiaries under the Council Directive of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years 5 already enjoy the same treatment as nationals of the Member State concerned with regard to access to credit;  HAS ADOPTED THIS DIRECTIVE:     Article 1 Member States, acting in accordance with the following provisions, shall abolish in respect of nationals and companies or firms of other Member States pursuing activities as self-employed persons in agriculture or establishing themselves for that purpose (hereinafter called "beneficiaries") all restrictions on access to the various forms of credit.    Article 2 1. For the purposes of this Directive, "access to credit" means the right of beneficiaries to obtain repayable loans, including any loans at subsidised rates of interest, on the same terms as those applicable to nationals of the State in which they are established, in particular as regards the amount, the rate of interest and the duration of the loan, and the security required by the lender.  2. For the purposes of this Directive, "agricultural activities" means:  1OJ No 2, 15.1.1962, p. 36/62. 2OJ No 201, 5.11.1966, p. 3474/66. 3OJ No 17, 28.1.1967, p. 279/67. 4OJ No 62, 20.4.1963, p. 1323/63. 5OJ No 62, 20.4.1963, p. 1326/63.      - activities falling within Annex V to the General Programme for the abolition of restrictions on freedom of establishment (ex Major Group 01, Agriculture, of the International Standard Industrial Classification of all Economic Activities) 1, and in particular:    (a) general agriculture including the growing of field crops and viticulture ; growing of fruits, nuts, seeds, vegetables, flowers, both in the open and under glass;       (b) raising of livestock, poultry, rabbits, furbearing or other animals, bees ; and the production of meat, milk, wool, skins and fur, eggs, honey;   - felling of timber, commercial exploitation of woodlands, and planting and replanting of trees, where such operations are practised as ancillary activities and are compatible with a Member State's internal legislation and in particular with land utilisation plans.           Article 3 1. Member States shall abolish the following restrictions:    - those which in pursuance of provisions laid down by law, regulation or administrative action deny beneficiaries access to the various forms of credit or make such access subject to special terms;       - those existing by reason of administrative practices which result in treatment being applied to beneficiaries as regards access to the various forms of credit that is discriminatory by comparison with that applied to nationals.         Member States shall, moreover, subject to the limits imposed by their national laws, be responsible for seeing that, irrespective of the nature of the lender, discrimination against beneficiaries is avoided.  2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit by the following means access by beneficiaries to the various forms of credit on the same terms as nationals of the Member State in question:  in France:    - the rule that loans for initial establishment may be granted only to persons of French nationality (Article 11 of Décret No 65-576 of 15 July 1965);       - the rule that loans to young farmers may be granted only to persons of French nationality (Article 666 of the Code rural and Article 2 (2) (a) of Décret No 65-577 of 15 July 1965);       - restrictions which might result from instructions issued by the Caisse nationale du crédit agricole with regard to the granting of loans referred to in Article 686 of the Code rural.           Article 4 No Member State shall grant to its nationals, with a view to or on the occasion of their establishment in another Member State, any direct or indirect aid, including in particular any aid in the form of a loan, which would result in distortion of the conditions of establishment in the host country.    Article 5 Member States shall take the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.    Article 6 This Directive is addressed to the Member States.     Done at Brussels, 5 April 1968.  For the Council  The President  M. COUVE de MURVILLE  1Statistical Office of the United Nations, Statistical Papers, Series M No 4, Rev. 1 (New York, 1958).


title: Commission Directive 2009/95/EC of 31 July 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include aluminium phosphide releasing phosphine as an active substance in Annex I thereto (Text with EEA relevance)

text:
               1.8.2009

               EN

               Official Journal of the European Union

               L 201/54

      COMMISSION DIRECTIVE 2009/95/EC
   of 31 July 2009
   amending Directive 98/8/EC of the European Parliament and of the Council to include aluminium phosphide releasing phosphine as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes aluminium phosphide.

               (2)

               Pursuant to Regulation (EC) No 1451/2007, aluminium phosphide has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, rodenticides, as defined in Annex V to Directive 98/8/EC.

               (3)

               Germany was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 19 July 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 30 May 2008, in an assessment report.

               (5)

               It appears from the examinations made that biocidal products used as rodenticides and containing aluminium phosphide may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include aluminium phosphide in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as rodenticides and containing aluminium phosphide can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (6)

               Not all potential uses have been evaluated at the Community level. It is therefore appropriate that Member States assess those risks to the compartments and populations that have not been representatively addressed in the Community level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks to acceptable levels.

               (7)

               In the light of the conclusions of the assessment report, it is appropriate to require that products containing aluminium phosphide and used as rodenticides be authorised only for use by trained professionals in accordance with Article 10(2)(i)(e) of Directive 98/8/EC, and that specific risk mitigation measures are applied at product authorisation level to such products. Such measures should be aimed at limiting the risk of exposure of users and of non-target animals to aluminium phosphide to an acceptable level.

               (8)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance aluminium phosphide and also to facilitate the proper operation of the biocidal products market in general.

               (9)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (10)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 14 containing aluminium phosphide to ensure that they comply with Directive 98/8/EC.

               (11)

               Directive 98/8/EC should therefore be amended accordingly.

               (12)

               The Standing Committee on Biocidal Products was consulted on 30 May 2008 and delivered a positive opinion on the draft Commission Directive amending Annex I of Directive 98/8/EC to include aluminium phosphide as an active substance. On 11 June 2008 the Commission submitted the said draft for scrutiny by the European Parliament and the Council. The European Parliament did not oppose the draft measures within the set deadline. The Council opposed the adoption by the Commission indicating that the proposed measures exceeded the implementing powers provided for in Directive 98/8/EC. As a consequence, the Commission did not adopt the draft measures and submitted an amended draft of the concerned Directive to the Standing Committee on Biocidal Products. The Standing Committee was consulted on the said draft on 20 February 2009.

               (13)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 31 August 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 September 2011.
   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 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 31 July 2009.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1.

      (2)  OJ L 325, 11.12.2007, p. 3.

      ANNEX
      The following entry ‘No 20’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common name

                     IUPAC name
                     Identification numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3)
                     (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘20

                     aluminium phosphide releasing phosphine

                     aluminium phosphide
                     EC No: 244-088-0
                     CAS No: 20859-73-8

                     830 g/kg

                     1 September 2011

                     31 August 2013

                     31 August 2021

                     14

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, when relevant for the particular product, the populations that may be exposed to the product and the use or exposure scenarios that have not been representatively addressed at the Community level risk assessment.
                     When granting product authorisation, Member States shall assess the risks and subsequently ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks.
                     Product authorisation can only be granted where the application demonstrates that risks can be reduced to acceptable levels. In particular, products cannot be authorised for indoor use unless data is submitted to demonstrate that the product will meet the requirements of Article 5 and Annex VI, if necessary by the application of appropriate risk mitigation measures.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 1.

                                 Products shall only be sold to and used by specifically trained professionals.

                                 2.

                                 In view of the risks identified for operators, appropriate risk mitigation measures must be applied. These include, amongst others, the use of appropriate personal protective equipment, the use of applicators and the presentation of the product in a form designed to reduce operator exposure to an acceptable level.

                                 3.

                                 In view of the risks identified for terrestrial non-target species, appropriate risk reduction measures must be applied. These include, amongst others, the non-treatment of areas where other burrowing mammals than the target species are present.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm