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31980L0665

Council Directive 80/665/EEC of 24 June 1980 on the control of potato ring rot

Official Journal L 180 , 14/07/1980 P. 0030 - 0033 Greek special edition: Chapter 03 Volume 29 P. 0136  Spanish special edition: Chapter 03 Volume 18 P. 0163  Portuguese special edition Chapter 03 Volume 18 P. 0163

++++COUNCIL DIRECTIVE  OF 24 JUNE 1980  ON THE CONTROL OF POTATO RING ROT   ( 80/665/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 ) ,  WHEREAS POTATO PRODUCTION OCCUPIES AN IMPORTANT PLACE IN COMMUNITY AGRICULTURE ; WHEREAS THE POTATO YIELD IS CONSTANTLY THREATENED BY HARMFUL ORGANISMS ;  WHEREAS , THROUGH THE PROTECTION OF POTATO CULTIVATION AGAINST SUCH HARMFUL ORGANISMS , NOT ONLY SHOULD PRODUCTIVE CAPACITY BE MAINTAINED BUT ALSO AGRICULTURAL PRODUCTIVITY INCREASED ;  WHEREAS PROTECTIVE MEASURES TO PREVENT THE INTRODUCTION OF HARMFUL ORGANISMS INTO THE TERRITORY OF A MEMBER STATE WOULD HAVE ONLY A LIMITED EFFECT IF SUCH ORGANISMS WERE NOT CONTROLLED SIMULTANEOUSLY AND METHODICALLY THROUGHOUT THE COMMUNITY AND WERE NOT PREVENTED FROM SPREADING ;  WHEREAS ONE OF THE ORGANISMS MOST HARMFUL TO POTATOES IS CORYNEBACTERIUM SEPEDONICUM ( SPIECK . ET KOTTH . ) SKAPT . ET BURKH . , THE PATHOGENIC AGENT OF THE BACTERICAL POTATO RING ROT DISEASE ; WHEREAS THIS DISEASE HAS OCCURRED IN SOME PART OF THE COMMUNITY AND SOME LIMITED SOURCES OF INFECTION STILL EXIST ;  WHEREAS THERE IS A PERMANENT RISK TO POTATO CULTIVATION THROUGHOUT THE COMMUNITY IF EFFECTIVE MEASURES ARE NOT TAKEN TO PREVENT THIS DISEASE FROM OCCURRING , TO LOCATE IT , TO CONTROL IT WITH THE AIM OF ERADICATING IT AND TO PREVENT IT FROM SPREADING ;  WHEREAS IN ORDER TO ENSURE THIS , MINIMUM MEASURES MUST BE TAKEN FOR THE COMMUNITY ; WHEREAS MEMBER STATES MUST IN ADDITION BE ABLE TO TAKE ADDITIONAL OR STRICTER MEASURES WHERE NECESSARY ;  WHEREAS THE MINIMUM MEASURES HAVE TO TAKE INTO ACCOUNT THAT THE DISEASE CAN REMAIN LATENT AND UNOBSERVED IN THE GROWING CROP AND IN STORED TUBERS AND SO CAN BE EFFECTIVELY PREVENTED ONLY BY PRODUCTION AND USE OF SEED POTATOES FREE FROM INFECTION , THAT SYSTEMATIC OFFICIAL SURVEYS ARE NECESSARY TO LOCATE IT ; WHEREAS THERE IS LITTLE IF ANY SPREAD OF THE DISEASE WITHIN THE GROWING CROP , THAT THE DISEASE CAN EXIST THROUGH THE WINTER IN SELF-SOWN ( VOLUNTEER ) POTATO PLANTS ; WHEREAS THE DISEASE IS SPREAD MAINLY BY CONTACT OF POTATOES WITH PLANTING , HARVESTING AND HANDLING EQUIPMENT OR TRANSPORT AND STORAGE CONTAINERS , CONTAMINATED WITH THE DISEASE BY PREVIOUS CONTACT WITH INFECTED POTATOES ; WHEREAS SUCH CONTAMINATED OBJECTS CAN REMAIN INFECTIOUS FOR SOME TIME AFTER SUCH CONTAMINATION ; WHEREAS SPREAD OF THE DISEASE CAN BE REDUCED OR PREVENTED BY DISINFECTION OF SUCH OBJECTS ;  WHEREAS FOR THE DETERMINATION OF THE DETAILS OF SUCH MINIMUM MEASURES AS WELL AS FOR THOSE OTHER MEASURES TAKEN BY MEMBER STATES TO PREVENT THE INTRODUCTION OF THE DISEASE INTO THEIR TERRITORY IT IS DESIRABLE FOR MEMBER STATES TO COOPERATE CLOSELY WITH THE COMMISSION WITHIN THE STANDING COMMITTEE ON PLANT HEALTH SET UP BY DECISION 76/894/EEC ( 3 ) ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  THIS DIRECTIVE CONCERNS THE MINIMUM MEASURES TO BE TAKEN WITHIN THE MEMBER STATES AGAINST POTATO RING ROT CAUSED BY CORYNEBACTERIUM SEPEDONICUM  ( SPIECK . ET KOTTH . ) SKAPT . ET BURKH . , IN ORDER :   - TO PREVENT ITS OCCURRENCE ,   - TO LOCATE IT ,   - TO CONTROL IT WITH THE AIM OF ERADICATING IT ,   - TO PREVENT ITS SPREAD .  ARTICLE 2  1 . MEMBER STATES SHALL CONDUCT SYSTEMATIC OFFICIAL SURVEYS FOR POTATO RING ROT ON TUBERS OF POTATO  ( SOLANUM TUBEROSUM L . ) WHICH ARE HARVESTED , STORED OR MARKETED IN THEIR TERRITORY .  THESE SURVEYS SHALL INVOLVE AT LEAST OFFICIAL VISUAL INSPECTION OF SELECTED LOTS FROM WHICH SAMPLES OF TUBERS SHALL BE TAKEN AND CUT OPEN .  2 . MEMBER STATES SHALL ENSURE THAT THE SUSPECTED OCCURRENCE AND THE ESTABLISHED PRESENCE OF POTATO RING ROT IN GROWING POTATOES OR HAVESTED , STORED OR MARKETED TUBERS SHALL BE REPORTED TO THEIR OFFICIAL PLANT PROTECTION ORGANIZATION , WHICH SHALL DETERMINE , AT LEAST BY VISUAL INSPECTION WHICH INCLUDES THE CUTTING OF TUBERS , WHETHER FURTHER INVESTIGATION IS NECESSARY .  3 . WHERE SYMPTOMS OF THE PRESENCE OF POTATO RING ROT ARE FOUND OR SUSPECTED IN THE INSPECTIONS PROVIDED FOR IN PARAGRAPHS 1 AND 2 , OFFICIAL TESTING SHALL BE CARRIED OUT IN ACCORDANCE WITH APPROPRIATE METHODS TO CONFIRM WHETHER OR NOT THIS DISEASE IS PRESENT IN POTATOES OR TUBERS REFERRED TO IN PARAGRAPH 2 . 4 . IF THE OCCURRENCE OF POTATO RING ROT IS SUSPECTED IN A MEMBER STATE , APPROPRIATE STEPS SHALL BE TAKEN BY THAT MEMBER STATE TO PREVENT ANY SPREAD OF THE DISEASE PENDING CONFIRMATION OR OTHERWISE OF THE SUSPICION .  5 . THE FIELD , STORE , CONSIGNMENT OR LOT SHALL BE CONSIDERED TO BE CONTAMINATED IF TESTS CONFIRM THE PRESENCE OF THE DISEASE IN A SINGLE SEED POTATO OR TUBER .  6 . THE EXTENT OF THE CONTAMINATION SHALL BE DETERMINED BY THE OFFICIAL PLANT PROTECTION ORGANIZATION OF THE MEMBER STATE CONCERNED HAVING REGARD TO SOUND SCIENTIFIC PRINCIPLES AND THE BIOLOGY OF THE DISEASE .  7 . MEMBER STATES SHALL INFORM THE OTHER MEMBER STATES AND THE COMMISSION IMMEDIATELY OF ANY CONFIRMED CONTAMINATION AND AT LEAST ONCE A YEAR OF THE RESULTS OF THE SURVEYS PROVIDED FOR IN PARAGRAPH 1 .  THE DETAILS OF THIS INFORMATION SHALL BE CONFIDENTIAL . THEY MAY BE SUBMITTED TO THE COMMITTEE IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16 OF COUNCIL DIRECTIVE 77/93/EEC OF 21 DECEMBER 1976 ON PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF HARMFUL ORGANISMS OF PLANTS OR PLANT PRODUCTS ( 4 ) .  8 . THE FOLLOWING PROVISIONS MAY BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 16 OF COUNCIL DIRECTIVE 77/93/EEC :   - THE DETAILS OF THE SURVEYS AND INSPECTIONS PROVIDED FOR IN PARAGRAPH 1 AND TO BE CARRIED OUT IN ACCORDANCE WITH SOUND SCIENTIFIC AND STATISTICAL PRINCIPLES ,   - THE APPROPRIATE METHODS FOR THE OFFICIAL TESTING PROVIDED FOR IN PARAGRAPH 3 ,   - THE CRITERIA AND PRINCIPLES TO BE TAKEN INTO CONSIDERATION WHEN DETERMINING , IN ACCORDANCE WITH PARAGRAPH 6 , THE EXTENT OF THE CONTAMINATION ,   - THE DETAILS OF THE INFORMATION PROVIDED FOR IN PARAGRAPH 7 .  ARTICLE 3  1 . MEMBER STATES SHALL PRESCRIBE THAT , WHERE CONTAMINATION WHICH MIGHT AFFECT THEIR POTATO PRODUCTION HAS BEEN CONFIRMED IN ACCORDANCE WITH ARTICLE 2 ( 5 ) , SEED POTATOES MAY NOT BE CERTIFIED UNDER COUNCIL DIRECTIVE 66/403/EEC OF 14 JUNE 1966 ON THE MARKETING OF SEED POTATOES ( 5 ) UNLESS THEY DERIVE IN DIRECT LINE FROM MATERIAL FOUND FREE OF POTATO RING ROT IN TESTS CARRIED OUT EITHER OFFICIALLY OR UNDER OFFICIAL CONTROL ACCORDING TO APPROPRIATE METHODS .  THE AFORESAID TESTS SHALL BE CARRIED OUT :   - EITHER ON THE PLANTS OF THE INITIAL CLONAL SELECTION , WHERE THE CONTAMINATION AFFECTS THE SEED POTATO PRODUCTION OF THE MEMBER STATE OR MEMBER STATES CONCERNED ,   - OR , IN OTHER CASES , ON REPRESENTATIVE SAMPLES OF THE BASIC SEED POTATOES OR EARLIER PROPAGATIONS .  2 . THE FOLLOWING PROVISIONS MAY BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 16 OF DIRECTIVE 77/93/EEC :   - THE DECISION FOR THE TOTAL OR PARTIAL DISPENSATION OF INDIVIDUAL MEMBER STATES FROM THE REQUIREMENTS LAID DOWN IN PARAGRAPH 1 ,   - THE PERIOD OF APPLICATION OF THE REQUIREMENTS LAID DOWN IN PARAGRAPH 1 ,   - THE APPROPRIATE METHODS FOR THE TESTS PROVIDED FOR IN PARAGRAPH 1 ,   - THE DETAILED RULES OF APPLICATION OF THE FIRST INDENT OF THE SECOND SUBPARAGRAPH OF PARAGRAPH 1 ,   - THE REPRESENTATIVE SAMPLES PROVIDED FOR IN THE SECOND INDENT OF THE SECOND SUBPARAGRAPH OF PARAGRAPH 1 ,   - THE PRECAUTIONS NECESSARY TO ENSURE THAT SEED POTATOES WHICH DERIVE FROM TESTED PLANTS ARE NOT AFFECTED BY THE DISEASE .  ARTICLE 4  MEMBER STATES SHALL PRESCRIBE THAT , WHERE A FIELD , STORE , CONSIGNMENT OR LOT IS CONSIDERED TO BE CONTAMINATED , INSPECTIONS AND TESTING SHALL BE CARRIED OUT IN ACCORDANCE WITH ARTICLE 2 ( 2 ) AND ( 3 ) UPON :   - ANY SEED POTATO CULTURES WHICH ARE CLONALLY RELATED TO THE CULTURE INVOLVED IN THE CONTAMINATED UNIT AND WHICH ARE SUSPECTED BECAUSE OF THEIR CLONAL RELATIONSHIP TO THAT CULTURE OF CONTAMINATION FROM BASIC SEED POTATOES ,   - ANY SEED POTATO CULTURES THAT MAY HAVE BECOME CONTAMINATED THROUGH CONTACT WITH OBJECTS WHICH MAY ALSO HAVE BEEN CONTAMINATED .  THE INSPECTIONS AND TESTING PROVIDED FOR SEED POTATO CULTURES REFERRED TO IN THE FIRST INDENT OF THE FIRST SUBPARAGRAPH SHALL BE CARRIED OUT ON AS MANY SUCH SEED POTATO CULTURES PREFERABLY IN ORDER OF DEGREE OF RISK AND , IF NECESSARY , IN THE SUBSEQUENT YEAR , AS ARE NEEDED TO DETERMINE THE PROBABLE PRIMARY SOURCE OF THE EXTENT OF THE CONTAMINATION FROM BASIC SEED POTATOES .  ARTICLE 5  1 . MEMBER STATES SHALL PRESCRIBE THAT POTATOES FROM A FIELD , STORE , CONSIGNMENT OR LOT CONSIDERED TO BE CONTAMINATED MAY NOT BE GROWN AND THAT , UNDER THE CONTROL OF THEIR OFFICIAL PLANT-PROTECTION ORGANIZATIONS , THEY SHALL BE HANDLED OR USED IN SUCH A WAY AS TO PREVENT THE SPREAD OF DISEASE OR ELSE DESTROYED .  POTATOES GROWN ON A HOLDING WHERE ANY FIELD , STORE , CONSIGNMENT OR LOT IS CONSIDERED TO BE CONTAMINATED , AND WHICH ARE PRESENT WHEN SUCH CONTAMINATION IS FOUND TO EXIST , MAY NOT BE USED AS SEED POTATOES EITHER ON THAT HOLDING OR ELSEWHERE .  2 . MEMBER STATES SHALL PRESCRIBE THAT , IN A FIELD CONSIDERED TO BE CONTAMINATED , NO POTATOES SHALL BE GROWN DURING THE TWO GROWING PERIODS FOLLOWING THE RECORDED CONTAMINATION OR FOR AS LONG AS VOLUNTEER POTATO SEEDLINGS ARE PRESENT IN THE FIELD .  3 . MEMBER STATES SHALL PRESCRIBE THAT , ON HOLDINGS WHERE ANY FIELD , STORE , CONSIGNMENT OR LOT IS CONSIDERED TO BE CONTAMINATED , THE FOLLOWING SHALL BE BANNED IN THE GROWING PERIOD FOLLOWING THE APPEARANCE OF POTATO RING ROT :   - THE PLANTING OF POTATOES FOR THE GROWING OF SEED POTATOES ,   - THE PLANTING OF POTATOES OTHER THAN OFFICIALLY CERTIFIED SEED POTATOES GROWN ON ANOTHER HOLDING .  4 . MEMBER STATES SHALL PRESCRIBE THAT ANY BUILDINGS , CONTAINERS , PACKAGING MATERIALS , VEHICLES , HANDLING , GRADING OR PREPARING APPLIANCES AND ANY OTHER OBJECTS THAT MAY HAVE COME INTO CONTACT WITH POTATOES FROM THE CONTAMINATED UNIT DURING THE PREVIOUS SIX MONTHS SHALL BE DESTROYED , OR ELSE CLEANSED AND DISINFECTED UNDER THE SUPERVISION OF THEIR OFFICIAL PLANT-PROTECTION ORGANIZATIONS , BEFORE COMING INTO CONTACT WITH OTHER POTATOES .  5 . MEMBER STATES SHALL PRESCRIBE THAT THEIR OFFICIAL PLANT-PROTECTION ORGANIZATIONS SHALL , FOR AT LEAST THREE YEARS AFTER THE LAST RECORDED CONTAMINATION , DEMARCATE A ZONE COVERING THE AREA WITHIN WHICH A SPREAD OF POTATO RING ROT IS POSSIBLE OWING TO THE ORGANIZATION OF PRODUCTION CONDITIONS WITHIN THAT AREA .  IN THE ZONE REFERRED TO IN THE PRECEDING SUBPARAGRAPH MEMBER STATES SHALL :   - ENSURE SUPERVISION BY THEIR OFFICIAL PLANT-PROTECTION ORGANIZATION OF THE HOLDING OR HOLDINGS GROWING , STORING OR HANDLING POTATOES ,   - PROHIBIT THE CUTTING OF SEED POTATOES ,   - PROHIBIT THE USE OF PRICKER-TYPE PLANTING MACHINES ,   - PROHIBIT THE TRANSPORTING OF POTATO PLANTS OR TUBERS , UNLESS SUCH PLANTS OR TUBERS HAVE BEEN FOUND FREE OF POTATO RING ROT IN INSPECTIONS AND TESTING CARRIED OUT IN ACCORDANCE WITH ARTICLE 2 ( 2 ) AND ( 3 ) ,   - TAKE ALL OTHER MEASURES THAT ARE NECESSARY TO CONTROL POTATO RING ROT WITH THE AIM OF ERADICATING IT AND PREVENTING ITS SPREAD .  MEMBER STATES SHALL TAKE ALL MEASURES THAT ARE NECESSARY TO CONTROL POTATO RING ROT WITH THE AIM OF ERADICATING IT WITHIN THE ZONE AND PREVENTING ITS SPREAD BEYOND THE ZONE .  6 . THE FOLLOWING PROVISIONS MAY BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 16 OF DIRECTIVE 77/93/EEC :   - DETAILS OF THE ZONE DEMARCATION REFERRED TO IN PARAGRAPH 5 ,   - THE " OTHER MEASURES " MENTIONED IN PARAGRAPH 5 .  7 . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 17 OF DIRECTIVE 77/93/EEC , A MEMBER STATE MAY BE AUTHORIZED AT ITS REQUEST TO PERMIT DEROGATIONS FROM THE PRESCRIPTIONS REFERRED TO IN THE FIRST INDENT OF PARAGRAPH 3 IN RESPECT OF CERTAIN PARTS OF A HOLDING , PROVIDED THAT THERE WOULD APPEAR TO BE NO DANGER OF THE DISEASE SPREADING .  ARTICLE 6  MEMBER STATES SHALL PROHIBIT THE HOLDING OF CULTURES OF CORYNEBACTERIUM SEPEDONICUM ( SPIECK . ET KOTTH . ) SKAPT . ET BURKH .  ARTICLE 7  WITHOUT PREJUDICE TO ARTICLE 14 ( 1 ) ( C ) ( I ) OF DIRECTIVE 77/93/EEC , MEMBER STATES MAY AUTHORIZE DEROGATIONS FROM THE MEASURES REFERRED TO IN ARTICLES 4 , 5 AND 6 FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES , AND WORK ON VARIETAL SELECTION , PROVIDED THAT SUCH DEROGATIONS DO NOT PREJUDICE THE CONTROL OF POTATO RING ROT AND CREATE NO RISK OF SPREAD OF THIS DISEASE .  ARTICLE 8  MEMBER STATES MAY ADOPT SUCH ADDITIONAL OR STRICTER MEASURES AS MAY BE REQUIRED TO COMBAT POTATO RING ROT OR TO PREVENT IT FROM SPREADING .  ARTICLE 9  1 . WHERE A MEMBER STATE CONSIDERS THAT THERE IS AN IMMINENT DANGER OF THE INTRODUCTION INTO ITS TERRITORY OF POTATO RING ROT FROM ANOTHER MEMBER STATE , IT MAY TEMPORARILY TAKE ANY ADDITIONAL MEASURES NECESSARY TO PROTECT ITSELF FROM THAT DANGER .  A MEMBER STATE MAY ALSO TAKE SUCH MEASURES WHERE ANOTHER MEMBER STATE INFORMS IT OF CONFIRMED CONTAMINATION IN ACCORDANCE WITH ARTICLE 2 ( 7 ) .  IN BOTH CASES THE MEMBER STATES CONCERNED SHALL IMMEDIATELY INFORM THE OTHER MEMBER STATES AND THE COMMISSION OF THE MEASURES TAKEN AND INDICATE THE REASONS FOR THEM .  2 . UNDER THE PROCEDURE LAID DOWN IN ARTICLE 17 OF DIRECTIVE 77/93/EEC , IT SHALL BE DECIDED WHETHER THE MEASURES TAKEN BY A MEMBER STATE UNDER PARAGRAPH 1 SHOULD BE RESCINDED OR AMENDED . UNTIL A DECISION HAS BEEN TAKEN EITHER BY THE COUNCIL OR BY THE COMMISSION UNDER THE AFORESAID PROCEDURE , THE MEMBER STATE CONCERNED MAY MAINTAIN THE MEASURES THAT IT HAS IMPLEMENTED .  ARTICLE 10  MEMBER STATES SHALL BRING INTO FORCE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE BY 1 MARCH 1981 AT THE LATEST AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 11  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT LUXEMBOURG , 24 JUNE 1980 .  FOR THE COUNCIL  THE PRESIDENT  S . FORMICA  ( 1 ) OJ NO C 175 , 23 . 7 . 1977 , P . 2 .  ( 2 ) OJ NO C 266 , 7 . 11 . 1977 , P . 45 .  ( 3 ) OJ NO L 340 , 9 . 12 . 1976 , P . 25 .  ( 4 ) OJ NO L 26 , 31 . 1 . 1977 , P . 20 .  ( 5 ) OJ NO 125 , 11 . 7 . 1966 , P . 2320/66 .


Avis juridique important

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31975L0321

Council Directive 75/321/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to the steering equipment of wheeled agricultural or forestry tractors

Official Journal L 147 , 09/06/1975 P. 0024 - 0027 Finnish special edition: Chapter 13 Volume 4 P. 0109  Greek special edition: Chapter 13 Volume 3 P. 0076  Swedish special edition: Chapter 13 Volume 4 P. 0109  Spanish special edition: Chapter 13 Volume 4 P. 0103  Portuguese special edition Chapter 13 Volume 4 P. 0103

COUNCIL DIRECTIVE  of 20 May 1975  on the approximation of the laws of the Member States relating to the steering equipment of wheeled agricultural or forestry tractors  (75/321/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas the technical requirements with which tractors must comply pursuant to national laws relate, inter alia, to steering equipment;  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order, in particular, to allow the EEC type approval procedure which was the subject of Council Directive 74/150/EEC (3) of 4 March 1974 on the approximation of the laws of the Member States relating to the type approval of wheeled agricultural or forestry tractors to be applied in respect of each type of tractor,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. "Agricultural or forestry tractor" means any motor vehicle fitted with wheels or caterpillar tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.  2. This Directive shall apply only to tractors defined in the preceding paragraph which are fitted with pneumatic tyres and which have two axles and a maximum design speed of between 6 and 25 kilometres per hour.   Article 2 No Member State may refuse to grant EEC type approval or national type approval of a tractor on grounds relating to the steering equipment if this satisfies the requirements set out in the Annex.   Article 3 No Member State may refuse the registration or prohibit the sale, entry into service, or use of tractors on grounds relating to the steering equipment if this satisfies the requirements set out in the Annex.   Article 4 The amendments necessary for adapting the requirements of the Annex to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.   Article 5 1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 6 This Directive is addressed to the Member States.     Done at Brussels, 20 May 1975.  For the Council  The President  R. RYAN  (1)OJ No C 160, 18.12.1969, p. 29. (2)OJ No C 48, 16.4.1969, p. 21. (3)OJ No L 84, 28.3.1974, p. 10.     ANNEX    1. DEFINITIONS      1.1. "Steering equipment"  "Steering equipment" means all the equipment the purpose of which is to alter the direction of movement of the tractor.  The steering equipment may be considered to include:        - the steering control;               - the steering gear;               - the steered wheels;               - where applicable, special equipment to produce additional or independent power.           1.1.1. "Steering control"  "Steering control" means the part directly operated by the driver in order to steer the tractor.                   1.1.2. "Steering gear"  "Stearing gear" means all the components between the steering control and the steered wheels, with the exception of the special equipment referred to in 1.1.4. The steering gear may be mechanical, hydraulic, pneumatic, electric or a combination of any of these.                   1.1.3. "Steered wheels"  "Steered wheels" means:            - the wheels the alignment of which may be altered directly or indirectly in relation to that of the tractor in order to obtain a change in the direction of movement of the tractor;                       - all wheels of articulated tractors;                       - wheels on the same axle, the speed of which may be varied in order to obtain a change in the direction of movement of the tractor.                         Self-tracking castor wheels are not steered wheels.                   1.1.4. "Special equipment"  "Special equipment" means that part of the steering equipment by which additional or independent power is produced. Additional or independent power may be produced by any mechanical, hydraulic, pneumatic or electrical system, or by any combination of these (for example by an oil pump, air pump or battery, etc.).           1.2. "Different types of steering equipment"        1.2.1. Depending on the source of power which is necessary for the deflection of the steered wheels, the following types of steering equipment are identified:          1.2.1.1. Manual steering equipment, in which the steering power is provided solely by the muscular power of the driver;                    1.2.1.2. Assisted steering equipment, in which the steering power is provided both by the muscular power of the driver and by the special equipment referred to in 1.1.4;  Steering equipment where the steering power is normally provided solely by the special equipment referred to in 1.1.4, but which in the event of failure of the special equipment enables the muscular power of the driver to be used for steering, shall be considered as "assisted steering equipment".     1.2.1.3. Servo-steering equipment, in which the steering power is provided solely by the special equipement referred to in 1.1.4.           1.3. Steering effort  "Steering effort" means the force exerted by the driver on the steering control in order to steer the tractor.      2. CONSTRUCTION, FITTING AND INSPECTION REQUIREMENTS      2.1. General requirements        2.1.1. The steering equipment must ensure easy and safe handling of the tractor and must comply with the detailed requirements set out in 2.2.                          2.2. Detailed requirements       2.2.1. Steering control         2.2.1.1. The steering control must be easy to use and grip. It must be designed in such a way as to permit gradual deflection. The direction of movement of the steering control must correspond to the desired change in the direction of the tractor.               2.2.1.2. The steering effort required to achieve a turning circle of 12 m radius, starting from the straight ahead position, must not exceed 25 daN. In the case of assisted steering equipment, if the auxiliary power supply fails the steering effort required must not exceed 60 daN.               2.2.1.3. In order to check compliance with the requirement in 2.2.1.2, the tractor shall describe a spiral movement at a speed of 10 kilometres per hour, starting from the straight ahead position, on a dry, flat road surface offering good tyre adhesion. The steering effort on the steering control shall be noted until it reaches the position corresponding to the tractor entering a turning circle of 12 m radius. The duration of the manoeuvre (time between the moment when the steering control is first operated and the moment when it reaches the position where the measurements are taken) must not exceed five seconds in normal cases and eight seconds if the special equipment fails. One manoeuvre must be made to the left and one to the right.  For the test, the tractor must be loaded to its technically permissible maximum weight ; tyre pressures and weight distribution between the axles must conform to the manufacturer's instructions.           2.2.2. Steering gear        2.2.2.1. The steering equipment may not include either electrical or wholly pneumatic steering gear.               2.2.2.2. The steering gear must be so designed as to meet any operational requirements It must be easily accessible for maintenance and inspection.               2.2.2.3. In the case of steering gear which is not wholly hydraulic, it must be possible to drive the tractor even in the event of failure of the hydraulic or pneumatic components of the steering gear.                2.2.2.4. Steering gear which is operated purely hydraulically and the special equipment mentioned in 1.1.4, must meet the following requirements:          2.2.2.4.1. One or more pressure limitation devices must protect the whole or part of the circuit against excess pressure;                   2.2.2.4.2. The pressure limitation devices must be set so as not to exceed a pressure T equal to the maximum operating pressure stated by the manufacturer.            2.2.2.4.3.  The characteristics and dimensions of the pipe work must be such that the pipes withstand four times the pressure T (permitted by the pressure limitation devices), and must be protected in places and arranged in such a way that the risks of damage by impact or interference are reduced to a minimum, and the risks of damage by rubbing can be considered negligible.           2.2.3. Steered wheels        2.2.3.1. All the wheels may be steered wheels.                          2.2.4. Special equipment         2.2.4.1. The special equipment defined in 1.1.4, used in the types of steering equipment defined in 1.2.1.2 and 1.2.1.3, shall be acceptable in the following circumstances:           2.2.4.1.1. If the tractor is equipped with assisted steering equipment as defined in 1.2.1.2, it must be possible to drive it even in the event of failure of the special equipment as already stated in 2.2.1.2. If the assisted steering equipment does not have its own source of power, it must be fitted with a power reservoir. This power reservoir may be replaced by a self-contained device providing power supply to the steering equipment with priority over the other systems which are linked to the common energy source. The steering and braking systems must not have a common source of energy. If the source of power is compressed air, the air reservoir must be protected by a non-return valve.   Where the steering power is normally provided solely by the special equipment referred to in 1.1.4, the assisted steering equipment must be fitted with a device such that if, in the event of failure of the special equipment, the steering effort exceeds 25 daN, a visual or acoustic signal must give warning of such failure.   2.2.4.1.2.If the tractor is fitted with servo-steering equipment as defined in 1.2.1.3, and provided that such equipment has a wholly hydraulic steering gear, it must be possible, should the special device fail, to carry out the two manoeuvres specified in 2.2.1.3 using a special additional device. The special additional device may be a compressed air or gas reservoir. An oil pump or compressor may be used as the special additional device if that device is worked by the rotation of the tractor wheels and cannot be disconnected from them. In the event of failure of the special equipment, a visual or acoustic signal must give warning of such failure.         2.2.4.1.2.1. If the special device is pneumatic, it must be fitted with a compressed air reservoir protected by a non-return valve. The capacity of the compressed air reservoir must be calculated so that at least seven complete turns (from lock to lock) are possible before the reservoir pressure falls to half its operating pressure ; the test must be carried out with the steered wheels off the ground.


title: Commission Directive 2013/41/EU of 18 July 2013 amending Directive 98/8/EC of the European Parliament and of the Council to include 1R-trans phenothrin as an active substance in Annex I thereto  Text with EEA relevance

text:
               19.7.2013

               EN

               Official Journal of the European Union

               L 196/18

         COMMISSION DIRECTIVE 2013/41/EU
   of 18 July 2013
   amending Directive 98/8/EC of the European Parliament and of the Council to include 1R-trans phenothrin as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   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 d-phenothrin.

               (2)

               Pursuant to Regulation (EC) No 1451/2007, d-phenothrin has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 18, insecticides, acaricides and products to control other arthropods, as defined in Annex V to that Directive.

               (3)

               The data submitted for the purpse of the evaluation allowed conclusions to be drawn only regarding a certain form of d-phenothrin, i.e. a substance containing at least 89 % w/w of 1R-trans phenothrin. In accordance with current practice for naming of substances (3), that substance should be considered as mono-constituent and named 1R-trans phenothrin. The evaluation did not allow conclusions to be drawn regarding any other substance complying with the definition of d-phenothrin in the abovementioned list of active substances in Regulation (EC) No 1451/2007. Therefore, only 1R-trans phenothrin should be included in Annex I to Directive 98/8/EC based on the existing evaluation.

               (4)

               Ireland was designated as rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 29 July 2010 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (5)

               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 1 March 2013, in an assessment report.

               (6)

               It appears from the evaluations that biocidal products used as insecticides, acaricides and products to control other arthropods and containing 1R-trans phenothrin may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include 1R-trans phenothrin for use in product-type 18 in Annex I to that Directive.

               (7)

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

               (8)

               In view of the risks identified for human health, it is appropriate to require that safe operational procedures are established for ultra low volume (ULV) application, and that products are used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks can be reduced to an acceptable level by other means.

               (9)

               In view of the risks identified for the environment, it is appropriate to require that product authorisations are subject to appropriate risk mitigation measures for the protection of honey bees.

               (10)

               For products containing 1R-trans phenothrin that may lead to residues in food or feed, Member States should verify the need to set new or to amend existing maximum residue levels (MRLs) according to Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (4) or Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (5), and take any appropriate risk mitigation measures ensuring that the applicable MRLs are not exceeded.

               (11)

               The provisions of this Directive should be applied simultaneously in all Member States in order to ensure equal treatment on the Union market of biocidal products of product-type 18 containing the active substance 1R-trans phenothrin and also to facilitate the proper operation of the biocidal products market in general.

               (12)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I to Directive 98/8/EC, in order to permit Member States and 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.

               (13)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC.

               (14)

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

               (15)

               In accordance with the Joint Political Declaration of Member States and the Commission of 28 September 2011 on explanatory documents (6), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.

               (16)

               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 2014 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 1 September 2015.
   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, 18 July 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 123, 24.4.1998, p. 1.

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

      (3)  See in particular Guidance for identification and naming of substances under REACH and CLP, ECHA-11-G-10.1-EN, p. 19 f.

      (4)  OJ L 152, 16.6.2009, p. 11.

      (5)  OJ L 70, 16.3.2005, p. 1.

      (6)  OJ C 369, 17.12.2011, p. 14.

      ANNEX
      In Annex I to Directive 98/8/EC, the following entry is added:

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

                     Minimum degree of purity of the active substance (1)

                     Date of inclusion

                     Deadline for compliance with Article 16(3), unless one of the exceptions indicated in the footnote to this heading applies (2)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (3)

                     ‘66

                     1R-trans phenothrin

                     1R-trans phenothrin
                     IUPAC name: 3-phenoxybenzyl(1R,3R)-2,2-dimethyl-3-(2-methylprop-1-enyl)cyclopropanecarboxylate
                     EC No: 247-431-2
                     CAS No: 26046-85-5

                     89 % w/w of 1R-trans phenothrin

                     1 September 2015

                     31August 2017

                     31 August 2025

                     18

                     The Union level risk assessment did not address all potential uses and exposure scenarios. When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, where relevant for the particular product, those uses or exposure scenarios and those risks to human populations and to environmental compartments that have not been representatively addressed in the Union level risk assessment.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 (1)

                                 safe operational procedures shall be established for ultra low volume (ULV) application, and products shall be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks can be reduced to an acceptable level by other means;

                                 (2)

                                 for products containing 1R-trans phenothrin that may lead to residues in food or feed, Member States shall verify the need to set new or to amend existing maximum residue levels (MRLs) according to Regulation (EC) No 470/2009 or Regulation (EC) No 396/2005, and take any appropriate risk mitigation measures ensuring that the applicable MRLs are not exceeded;

                                 (3)

                                 where appropriate, measures shall be taken to protect honey bees.’

                     Sum of all isomers:
                     IUPAC name: (3-Phenoxyphenyl)methyl 2,2-dimethyl-3-(2-methylprop-1-enyl)cyclopropane-1-carboxylate
                     EC No: 247-404-5
                     CAS No: 26002-80-2

                     95,5 % w/w for the sum of all isomers

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 11. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated substance.

         (2)  For products containing more than one active substance covered by Article 16(2), the deadline for compliance with Article 16(3) is that of the last of its active substances to be included in this Annex. For products for which the first authorisation has been granted later than 120 days before the deadline for compliance with Article 16(3) and a complete application has been submitted for mutual recognition in accordance with Article 4(1) within 60 days of the granting of the first authorisation, the deadline for compliance with Article 16(3) in relation to that application is extended to 120 days after the date of reception of the complete application for mutual recognition. For products for which a Member State has proposed to derogate from mutual recognition in accordance with Article 4(4), the deadline for compliance with Article 16(3) is extended to 30 days after the date of the Commission Decision adopted in accordance with the second subparagraph of Article 4(4).

         (3)  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


Avis juridique important

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31992L0021

Council Directive 92/21/EEC of 31 March 1992 on the masses and dimensions of motor vehicles of category M1

Official Journal L 129 , 14/05/1992 P. 0001 - 0010 Finnish special edition: Chapter 13 Volume 22 P. 0042  Swedish special edition: Chapter 13 Volume 22 P. 0042

COUNCIL DIRECTIVE 92/21/EEC of 31 March 1992 on the masses and dimensions of motor vehicles of category M1THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a 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 comprises an area without internal frontiers in which the free movement of  goods, persons, services and capital is ensured;  Whereas the total-harmonization method will be essential in order fully to achieve the single market;  Whereas this method will to be used at the time of the revision of the entire EEC type-approval procedure, taking account of the spirit of the Council resolution of 7 May 1985 concerning a new approach to the question of technical harmonization and  standardization;  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to their masses and dimensions;  Whereas those requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to or in place of their existing rules in order to allow, in particular, the EEC  type-approval procedure which was the subject of 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 (4), as last amended by Directive  87/403/EEC (5), to be applied in respect of each type of vehicle;  Whereas this Directive will be supplemented by Directives relating to the masses and dimensions of all categories of motor vehicles and their trailers;  Whereas it is not necessary to lay down requirements concerning the dynamic stability of combinations of motor vehicles and trailers since the manufacturers of motor vehicles take this aspect into account when stating the maximum technically permissible  towable mass,  HAS ADOPTED THIS DIRECTIVE:  Article 1  For the purposes of this Directive, 'vehicle' means any motor vehicle in category M1 as defined in Annex I to Directive 70/156/EEC, intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.  Article 2  No Member State may refuse EEC type-approval or national type-approval of a type of vehicle, or refuse or prohibit the sale, registration, entry into service or use of a vehicle on grounds relating to its masses and dimensions if these satisfy the  requirements set out in Annex I.  Article 3  Any amendments necessary to adapt the requirements of the Annexes to this Directive to technical progress shall be adopted by the Commission in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.  Article 4  1. Member States shall adopt and publish the provisions necessary to comply with this Directive before 1 July 1992 and shall forthwith inform the Commission thereof.  When Member States adopt these provisions, they shall contain a reference to this Directive or 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.  They shall apply these provisions from 1 October 1992.  2. Member States shall communicate to the Commission the texts of the main provisions of domestic law which they adopt in the field covered by this Directive.  Article 5  This Directive is addressed to the Member States.  Done at Brussels, 31 March 1992.  For the Council The President Vitor MARTINS (1) OJ No C 95, 12. 4. 1990, p. 92.(2) OJ No C 284, 12. 11. 1990, p. 80 and Decision of 12. 2. 1992 (not yet published in the Official Journal).(3) OJ No C 225, 10. 9. 1990, p. 9.(4) OJ No L 42, 23. 2. 1970, p. 1.(5) OJ No L 220, 8. 8. 1987,  p. 44.   ANNEX I 1. SCOPE This Directive applies to the masses and dimensions of motor vehicles in category M1 as defined in Article 1.  1.1. Definitions 'Mass of the vehicle in running order' means the mass of the vehicle with bodywork in running oder (including coolant, oils, fuel, spare wheele, tools and driver).  'Maximum authorized laden mass of a vehicle': see point 4.2.1.  'Maximum authorized laden mass of a vehicle suitable for drawing a trailer' means the mass as defined at point 4.2.1, which includes:  - the maximum mass of the towing device, and - the maximum authorized drawbar load on the coupling point of the coupling device when the vehicle is stationary, as specified by the vehicle manufacturer.  2. APPLICATION FOR EEC TYPE-APPROVAL 2.1. Any application for the type-approval of a vehicle in respect of its masses and dimensions submitted by the manufacturer of the vehicle or by a duly authorized representative.  2.2. It is accompanied by the following documents, in triplicate, and the following information: a description of the type of vehicle, specifying the characteristics listed in Annex II, together with the documents requested in accordance with Article 3  of Directive 70/156/EEC.  2.3. A vehicle representative of the type to be type-approved must be presented to the technical department responsible for the type-approval tests.  3. EEC TYPE-APPROVAL A certificate identical with the model set out in Annex III is attached to the EEC type-approval form.  4. REQUIREMENTS 4.1. Dimensions 4.1.1. The maximum authorized dimensions of a vehicle are as follows:  4.1.1.1. Length: 12 000 mm 4.1.1.2. Width:  2 500 mm 4.1.1.3. Height:  4 000 mm 4.1.1.4. The dimensions are measured according to the provisions of the notes of Annex I to Directive 70/156/EEC.  4.2. Mass 4.2.1. The maximum authorized mass of a vehicle must not exceed the maximum technically permissible laden mass as defined by the manufacturer.  4.2.2. The technically permissible maximum mass of the vehicle and of its axles must be determined by its manufacturer, bearing in mind, in particular, the strength of the materials used and provided that the technically permissible maximum mass thus  determined is not lower than the mass of the vehicle in running order, plus 75 kg for every passenger seat. The number of seats must be stated by the manufacturer. The masses of the passengers and the luggage must be positioned in the correct place to  determine the technically permissible maximum mass of the vehicle and the axles. The number of passenger seats must be indicated by the manufacturer. If the vehicle is intended to draw a trailer, the manufacturer may indicate a second permissible value  on the rear axle(s) to apply only for this particular usage. In this case, both the maximum mass of the towing device as specified by the vehicle manufacturer and the maximum permitted drawbar load on the coupling point of the coupling device when the  vehicle is stationary have to be taken into account for the determination of the maximum masses mentioned above. The method for verifying the masses is described in the Appendix. If the vehicle manufacturer equips his vehicle with a coupling device, he  must indicate on the towing device in the vicinity of the coupling device the maximum permitted drawbar load on the coupling point of the coupling device.  4.2.2.1. The sum of the technically permissible maximum masses of the axles must not be less than the technically permissible maximum mass of the vehicle. Where the vehicle and, at the same time, its rear axle are laden to the technically permissible  maximum mass, the mass bearing on the front axle must not be less than 30 % of the technically permissible maximum mass of the vehicle.  4.3. Towable mass and drawbar load on the coupling device 4.3.1. Towable mass of a vehicle intended to draw a trailer fitted with a service braking device.  4.3.1.1. The maximum authorized towable mass of vehicle is the lower value of either:  (a) the technically permissible maximum towable mass based on the construction of the vehicle and/or the strength of the mechanical coupling device; or (b) the maximum authorized mass of the drawing vehicle (motor vehicle).  For the off-road vehicle as defined in Directive 70/156/EEC the maximum authorized towable mass may be increased to 1,5 times the maximum authorized mass of the drawing vehicle subject to it not exceeding the technically permissible maximum towable  mass.  However, the maximum towable mass may in the case exceed 3 500 kg.  4.3.1.2. The technically permissible maximum towable mass is that stated by the manufacturer, the towable mass being the total actual mass of the trailer drawn including the actual drawbar load on the coupling device.  4.3.2. Towable mass of a vehicle intended to draw a trailer without a service braking device.  4.3.2.1. The authorized towable mass is the technically permissible maximum towable mass or half of the mass of the drawing vehicle in running order; the lower mass value applies.  The maximum towable mass must in no case exceed 750 kg.  4.3.3. The maximum authorized drawbar load at the coupling device of the vehicle is the technically permissible drawbar load, the drawbar load being th actual vertical load transmitted when the vehicle is stationary by the drawbar of the trailer to the  vehicle coupling and acting via the centre of the coupling device.  4.3.3.1. The technically permissible drawbar load is that stated by the manufacturer; this load must be not less than 25 kg and must be increased for greater towable masses. The manufacturer must specify in the maintenance manual: the maximum  permissible vertical load on the coupling device, the mounting point of the coupling device on the motor vehicle, and the rear overhang of the coupling device.  4.3.4. The motor vehicle towing a trailer must be able to start the vehicle combination - laden to its maximum mass - five times on an uphill gradient of at least 12 % within five minutes.  Appendix METHOD FOR VERIFYING THE MASSES OF MOTOR VEHICLES OF CATEGORY M1  1. The mass of the vehicle will be verified as follows:  1.1. empty, in running order and without driver;  1.2. fully laden (under the conditions referred to in point 4.2.2), by means of calculation, taking the following into account:  - the seat, if adjustable, must in particular be moved to the furthest back normal driving or seating position as indicated by the manufacturer taking into account only the longitudinal adjustment of the seat and excluding seats used otherwise than for  normal driving or seating positions. Where there are other possibilities for adjusting the seat (vertical, angled, seat back, etc.) the adjusted positions must be as specified by the vehicle manufacturer. In the case of suspension seats, the seat must  be locked in the normal driving position as specified by the manufacturer,  - the mass for each occupant (driver included) is taken to be 75 kg (68 kg + 7 kg of luggage);  - the mass of each occupant is to be applied to the R point of each seat. Luggage is to be evenly distributed in the luggage compartment;  - any load in excess of the conventional load must be distributed on the seats and in the luggage compartment in the proportions laid down in the second indent.  1.3. The masses specified are determined according to the following table:   Conditions of vehicle Masses (a)   empty (b)   fully laden (c) fully laden with load on coupling device (d)  maximum permissible mass on the axles Front axle Rear axle Combined   2. RESULTS OF VERIFICATION The results are considered satisfactory if:  - the masses of the empty vehicle (column (a)) correspond to those declared by the manufacturer, with a tolerance of ± 5 %; (in this case, the value of the mass stated by the manufacturer is adopted for calculating the masses in columns (b) and (c)),  - the masses verified under the conditions referred to in columns (b) and (c) do not exceed the maximum permissible masses stated by the manufacturer,  - the requirements set out in point 4.2.2.1 of Annex I are fulfilled,  - the masses stated by the manufacturer are compatible with the load characteristics of the tyres specified for the motor vehicle.   ANNEX II  MODEL INFORMATION DOCUMENT (a)   The information relating to the vehicle, technical unit or component to be type-approved must be supplied in triplicate and include a list of contents. Drawings, if any, shall be supplied in appropriate scale and in  sufficient detail on size A4 or folded to that size. Photographs, if any, must also show sufficient detail. In the case of microprocessor-controlled functions, relevant performance-related information should be provided.   0. GENERAL 0.1. Make (trade name of manufacturer): .  .  0.2. Type and commercial description (mention any variants): .  .  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: .  .  0.6. Name and address of manufacturer's authorized representative (if any): .  .  0.7. Location of statutory plates and inscriptions and method of affixing: .  .  0.7.1. On the chassis: .  0.7.2. On the bodywork: .  0.8. The serial numbers of the chassis of this type commence at number: .  1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE 1.1. Photographs and/or drawings of a representative vehicle: .  1.2. Dimensional drawing of the whole vehicle: .  1.3. Number of axles and wheels: .  1.3.2. Number and position of steered axles: .  1.3.3. Powered axles (number, position, interconnection): .  .  1.6. Position and arrangement of the engine: .  .  2. MASSES AND DIMENSIONS (e) (refer to drawing where applicable) 2.1. Wheel base(s) (fully loaded) (f): .  2.3. Axle track(s) and width(s): .  2.3.1. Track of each steered axle (l): .  2.3.2. Track of all the other axles: .  2.3.3. Width of the widest rear axle: .  2.3.4. Width of the rearmost axle: .  2.4. Range of vehicle dimensions (overall): .  2.4.1. For chassis with bodywork:  2.4.2.1. Length (j): .  2.4.2.2. Width (k): .  2.4.2.3. Height (unladen) (l) (for suspension adjustable for height, indicate normal running position):  .  2.4.2.4. Front overhang (m): .  2.4.2.4.1. Approach angle (off-road vehicles (c): ........ (degrees) 2.4.2.5. Rear overhang (n): .  2.4.2.5.1. Departure angle (off-road vehicles) (c): ........ (degrees) 2.4.2.6. Ground clearance (c): .  2.4.2.6.1. Ramp angle (off-road vehicles) (c): ........ (degrees) 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, fuel, tools, spare wheel and driver) (p): .  .  2.6.1. Distribution of this mass among the axles: .  2.8. Technically permissible maximum mass stated by the manufacturer: .  2.8.1. Distribution of this mass among the axles: .  2.9. Technically permissible maximum mass on each axle: .  2.9.1. Maximum technically permissible mass on the rear axle(s) when a trailer is used: .  2.10. Maximum mass of trailers which may be coupled: .  2.10.4. Maximum mass of the combination: .  2.10.5. The vehicle is/is not (¹) suitable for towing loads/trailers.  2.10.6. Maximum mass of unbraked trailer: .  2.11. Maximum vertical load at the coupling point of the trailer other than the fifth kingpin: .  2.12. Swept path: .  2.13. Engine power/maximum mass ratio (in kW/kg): .  2.14. Hill starting ability (with trailer): ........ (%) 2.15. Capacity to climb a gradient of ........ (%) (off-road vehicles) 11. LINKS BETWEEN DRAWING VEHICLES AND TRAILERS AND SEMI-TRAILERS 11.1. Instructions for attaching the coupling device:  11.2. Class and type of coupling device:  11.4. Maximum vertical load at the coupling point (¹): ........ kg 11.7. Instructions for mounting the coupling device on the vehicle together with photographs or drawings of the vehicle coupling points indicated by the manufacturer; further information in the event of use of the coupling device being limited to  certain types of vehicles:  11.8. Information on the setting of towing brackets or mounting plates (²):  (¹) Delete where inapplicable.  (²) If necessary.  Note: For footnotes (a) to (p) see Annex I to Directive 70/156/EEC, as last amended by Directive 87/403/EEC.   ANNEX III  MODEL (maximum format: A4 (210 × 297 mm)  EEC TYPE-APPROVAL CERTIFICATE (Vehicle)  Name of administration  Communication relating to:  - type-approval (¹) - extension of type-approval (¹) - refusal of type-approval (¹) of a type of vehicle in pursuance of the provisions of Dierective 92/21/EEC on the masses and dimensions of motor vehicles of category M1.  EEC type-approval No: ....................Extension No: ....................  SECTION I  0.1. Make (name of undertaking): .  0.2. Type and commercial description (mention any variants): .  .  03. Means of identifying the type attached to the vehicle (a): .  0.3.1. Location of that information: .  0.4. Category of vehicle (b): .  0.5. Name and address of manufacturer: .  .  0.6. Name and address of manufacturer's authorized representative (if any): .  .  (¹) Delete where inapplicable.  (a) Where used the means of identification can only appear on vehicles covered by the scope of the separate directive covering type-approval. Where the means of identifying the type consists of characters not relating to the description of the types of  vehicles referred to in this information document these characters shall be replaced, in any such documents by the sign '?' (example: ABC?? 123??).  (b) As referred to in note (b) to Annex 1 to Directive 70/156/EEC, as last amended by Directive 87/403/EEC.  SECTION II  "1. Additional information "1.1. Length: . (mm) "1.2. Width: . (mm) "1.3. Height: . (mm) "1.4. Mass of vehicle in running order: . (kg) "1.5. Maximum authorized mass: . (kg) "1.6. Technically permissible maximum axle masses:  "1.6.1. 1. Axle: . (kg) 2. Axle: . (kg) 3. Axle: . (kg) "1.6.2. Maximum technically permissible mass on the rear axle6s7 when a trailer is used: . (kg) "1.7. Number of passenger seats (without driver): .  "1.8. Towable mass:  "1.8.1. Trailer without service brake: . (kg) "1.8.2. Trailer with service brake: . (kg) "1.8.3. Technically permissible drawbar load:: . (kg) "1.8.4. Rear overhang of the coupling device: . (cm) "1.8.5. Photographs or drawings of the mounting point of the coupling device on the vehicle:  "2. Technical department conducting tests: .  .  "3. Date of test report: .  "4. Number of test reports: .  "5. Grounds justifying extension of type approval (if any): .  .  "6. Comments (if any): .  .  "7. Place: .  "8. Date: .  "9. Signature: .  10. The list of the various components of the type-approval file maintained by the administrative department having carried out type-approval, and which may be obtained on request, are set out in the Annex.


Avis juridique important

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31988L0146

Council Directive 88/146/EEC of 7 March 1988 prohibiting the use in livestock farming of certain substances having a hormonal action

Official Journal L 070 , 16/03/1988 P. 0016 - 0018 Finnish special edition: Chapter 3 Volume 26 P. 0109  Swedish special edition: Chapter 3 Volume 26 P. 0109

*****COUNCIL  DIRECTIVE  of 7 March 1988  prohibiting the use in livestock farming of certain substances having a hormonal action  (88/146/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the administration to farm animals of certain substances having a hormonal action is at present regulated in different ways in the Member States; whereas while their immediate effect on animals from the farmer's point of view is clear, assessments of their effect on human health vary and this is reflected in the regulations governing their use; whereas this divergence distorts the conditions of competition in products that are the subject of common market organizations and is a serious barrier to intra-Community trade;  Whereas these distortions of competition and barriers to trade must therefore be removed by ensuring that all consumers are able to buy the products in question under largely identical conditions of supply and that these products correspond to their anxieties and expectations in the best possible manner; whereas such a course of action is bound to bring about an increase in consumption of the product in question;  Whereas the use of hormonal substances for fattening purposes should therefore be prohibited; whereas the use of certain substances for therapeutic purposes may be authorized but must be strictly controlled in order to prevent any misuse of them;  Whereas, furthermore, since it would be difficult to be certain of correct operation of the scheme as a whole if animals so treated and the meat from such animals were to be traded, this should as a general rule be prohibited; whereas, however, derogations from this rule may be allowed where satisfactory guarantees can be provided;  Whereas as part of the adoption of harmonized rules in the Community arrangements for importation from third countries that offer equivalent guarantees should be introduced; whereas these guarantees can be required under Directives 72/462/EEC (3) and 85/358/EEC (4);  Whereas in order to ensure that the provisons of this Directive can be implemented effectively the latest date for introduction of the provisions of Directive 85/358/EEC should be made to fall before that for introduction of the provisions of this Directive; whereas Community control measures should ensure uniform application in all Member States of the rules applicable on administration of substances having a hormonal or thyrostatic action,  HAS ADOPTED THIS DIRECTIVE:  Article 1  For the purposes of implementation of this Directive the definitions of meats and of farm animals given in Article 1 of Directive 81/602/EEC (5) shall apply.  For the purposes of implementation of this Directive and of Directive 81/602/EEC 'therapeutic treatment' shall mean the administering to an individual farm animal of any of the substances authorized in Article 3 of this Directive to treat a fertility problem diagnosed, on examination, by a veterinarian. Such therapeutic treatment shall be prohibited for animals intended for fattening.  Article 2  Without prejudice to Article 4 of Directive 81/602/EEC, Member States may not authorize any derogation from Article 2 of the said Directive. However, the administering to farm animals for therapeutic purposes of oestradiol-17-ss, testosterone and progesterone and those derivatives which readily yield the parent compound on hydrolysis after absorption at the site of application may be authorized.  Article 3  For the purposes of implementation of this Directive:  (a) there shall be established, after the Committee for Veterinary Medicinal Products has given its opinion on the measures provided for in the first two indents and in accordance with the procedure laid down in Article 8:  - a list of the products containing as active substances the substances referred to in Article 2 and satisfying the relevant principles and criteria of Directive 81/851/EEC (1) and 81/852/EEC (2) that may be authorized by the Member States,  - the conditions of use of these products, in particular the waiting period necessary and detailed provisions concerning the control of these conditions of use,  - the means of identification of animals.  Pending the decisions referred to in the first subparagraph, products which have already received authorization to be placed on the market shall continue to be authorized.  Products authorized pursuant to the above provisons shall be subject to the rules of Articles 24 to 50 of Directive 81/851/EEC, with the exception of those which relate to national marketing authorizations;  (b) products used for therapeutic treatment may be administered only by a veterinarian, in the form of an injection - to the exclusion of implantation - to farm animals which have been clearly identified.  Treatment of identified animals must be registered by the veterinarian. An animal which has been treated may not be slaughtered before expiry of the period fixed pursuant to the provisions set out in (a);  (c) any decision on the possible inclusion in the group of substances referred to in Article 2 of any new substance having a direct or indirect oestrogenic, androgenic or gestagenic action shall be taken by the Council acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty. Any new substance must, in order to be able to be subject to such a decision, satisfy the relevant principles and criteria of Directives 81/851/EEC and 81/852/EEC.  Article 4  The Member States shall prescribe that undertakings producing substances having a thyrostatic, oestrogenic, androgenic or gestagenic action and those authorized for whatever purposes to market those substances, and undertakings producing pharmaceutical and veterinary products based on those substances, must keep a register detailing, in chronological order, quantities produced or acquired and those sold or used for the production of pharmaceutical and veterinary products.  Article 5  Member States must ensure, that no animals are dispatched from their territory to that of another Member State which have had administered to them in any way whatsoever substances with a thyrostatic, oestrogenic, androgenic or gestagenic action, and that no meat from such animals is dispatched. They shall reserve the Community stamp for meat from untreated animals.  With effect from the date of notification of this Directive and until the measures adoped pursuant to Article 2 and 6 are applicable:  - national provisions governing produce intended for Member States' domestic markets shall not be affected,  - Member States which prohibit the use of the substances referred to in Article 5 of Directive 81/602/EEC of fattening may restrict entry into their territory to untreated fattening animals and meat from untreated fattening animals.  Article 6  1. Member States shall prohibit importation from third countries of animals and of meat from animals to which have been administered in any way whatsoever substances with a thyrostatic, oestrogenic, androgenic or gestagenic action.  2. To this end the decisions to be taken for implementation of Directive 72/462/EEC, taking account of Article 13 of Directive 85/358/EEC in the case of meat and of the equivalent guarantee in the case of live animals, must be adopted before 1 January 1988.  3. Member States shall ensure that imported fresh meat coming from approved slaughterhouses in third countries in respect of which a decision within the meaning of paragraph 2 has been taken is, without prejudice to animal health measures, circulated in the Community in accordance with Article 25 of Directive 72/462/EEC.  4. National rules on substances with a hormonal action dealing with imports from third countries shall remain applicable, with due regard for the general provisions of the Treaty, until each of the decisions referred to in paragraph 2 comes into force.  5. As from 1 January 1988, Member States shall suspended imports coming from third countries in respect of which no decision within the meaning of paragraph 2 has been taken.  6. For the purposes of application of paragraphs 1 to 5, the Commission shall draw up a list of the products authorized by third countries for the therapeutic treatments referred to in Article 4 of Directive 81/602/EEC.  7. In accordance with the producedure laid down in Article 8, a control programme shall be drawn up regarding imports from third countries, to ensure that imports do not receive more favourable treatment than Community products.  With regard to routine inspections, this programme:  - will establish the frequency of controls on imports from each third country,  - will take account of the guarantees offered by the inspection regulation of third countries.  In the event of positive results, imports from third countries will be subject to systematic inspections until the situation is re-established.  Article 7  The Council, acting by a qualified majority on a proposal from the Commission, may adopt derogations from Articles 5 and 6 in respect of trade in animals intended for reproduction and reproductive animals at the end of their career which, in the course of their existence, have been treated unter the provisions of Article 4 of Directive 81/602/EEC and in respect of meat from these various animals, taking into account the guarantees given.  Article 8  1. Where the procedure laid down in this Article is to be used, matters shall without delay be referred by the Chairman, either on his own initiative or at the request of a Member State, to the Standing Veterinary Committee (hereinafter called 'the Committee') set up by the Council Decision of 15 October 1968.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by a majority of 54 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The Chairman shall not vote.  3. The Commission shall adopt the measures and implement them immediately where they are in accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall immediately submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority.  If within three months of the date on which a matter was referred to it the Council has not adopted any measures, the Commission shall adopt the proposed measures and implement them immediately, save where the Council has decided against the measures by a simple majority.  Article 9  The measures necessary to ensure the transition to the final arrangements extending the ban laid down in Article 2 to domestic production may be adopted in accordance with the procedure laid down in Article 8 during a maximum period of one year.  Article 10  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply:  - with Directive 85/358/EEC, by 1 January 1987 at the latest;  - with this Directive, by 1 January 1988 at the latest.  They shall immediately inform the Commission thereof.  Article 11  This Directive is addressed to the Member States.  Done at Brussels, 7 March 1988.  For the Council  The President  I. KIECHLE  (1) OJ No C 288, 11. 11. 1985, p. 158.  (2) OJ No C 44, 15. 2. 1985, p. 14.  (3) OJ No L 302, 31. 12. 1972, p. 28.  (4) OJ No L 191, 23. 7. 1985, p. 46.  (5) OJ No L 222, 7. 8. 1981, p. 32.  (1) OJ No L 317, 6. 11. 1981, p. 1.  (2) OJ No L 317, 6. 11. 1981, p. 16.


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31989L0678

Council Directive 89/678/EEC of 21 December 1989 amending directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the member states relating to restrictions on the marketing and use of certain dangerous substances and preparations

Official Journal L 398 , 30/12/1989 P. 0024 - 0024 Finnish special edition: Chapter 13 Volume 19 P. 0122  Swedish special edition: Chapter 13 Volume 19 P. 0122

COUNCIL DIRECTIVEof 21 December 1989amending Directive 76/769/EEC on the approximation of  the laws, regulations and administrative provisions of the Member States relating to restrictions  on the marketing and use of certain dangerous substances and preparations(89/678/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  100a 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 the public and the environment are constantly exposed to new risks resulting from the use  of chemical products; whereas when damage is detected and in particular when cases which have  serious consequences for human health are observed, immediate action is required for the  prohibition or limiting of the marketing or use of certain dangerous substances and preparations at  Community level; Whereas, in its present wording, Directive 76/769/EEC (4) does not stipulate that adaptations to  technical progress of the Annexes may be decided upon by the Commission, assisted by a committee,  and accordingly each adaptation must be the subject of a Council decision; Whereas technical progress makes it necessary to adapt the provisions contained in the Annex to  Directive 76/769/EEC promptly; whereas, to make it easier to implement the required measures, it is  necessary to institute a procedure providing for close collaboration between the Member States and  the Commission; whereas provision should be made to provide for such a procedure within a committee  and for such amendments to be adopted in accordance with the procedure laid down in Article 21 of  Council Directive 67/548/EEC of 27 June 1967 on the approximation of thelaws, regulations and  administrative provisions relating to the classification, packaging and labelling of dangerous  substances (5), as last amended by Directive 88/490/EEC (6), HAS ADOPTED THIS DIRECTIVE: Article 1The following Article is hereby inserted in Directive 76/769/EEC: 'Article 2aAmendments required to adapt the Annexes to technical progress, with regard to the  substances and preparations already covered by the Directive, shall be adopted in accordance with  the procedure laid down in Article 21 of Directive 67/548/EEC (1), as last amended by Decision  88/490/EEC (2). (1) OJ No 196, 16. 8. 1967, p. 1. (2) OJ N° L 259, 19. 9. 1988, p. 1.'Article 2This Directive is addressed to the Member States. Done at Brussels, 21 December 1989. For the CouncilThe PresidentE. CRESSONOJ N° C 291, 20. 11. 1989, p. 55. (1) OJ N° C 117, 4. 5. 1988, p. 14. (2) OJ N° C 262, 10. 10. 1988, p. 84, and (3) OJ N° C 377, 12. 12. 1988, p. 7. (4) OJ N° L 262, 27. 9. 1976, p. 201. (5) OJ No 196, 16. 8. 1967, p. 1. (6) OJ N° L 259, 19. 9. 1988, p. 1.


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31975L0035

Council Directive 75/35/EEC of 17 December 1974 extending the scope of Directive No 64/221/EEC on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health to include nationals of a Member State who exercise the right to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity

Official Journal L 014 , 20/01/1975 P. 0014 - 0014 Finnish special edition: Chapter 6 Volume 1 P. 0175  Greek special edition: Chapter 06 Volume 1 P. 0195  Swedish special edition: Chapter 6 Volume 1 P. 0175  Spanish special edition: Chapter 05 Volume 2 P. 0045  Portuguese special edition Chapter 05 Volume 2 P. 0045

COUNCIL DIRECTIVE  of 17 December 1974  extending the scope of Directive No 64/221/EEC on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health to include nationals of a Member State who exercise the right to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity  (75/35/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 56 (2) and Article 235 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas Directive No 64/221/EEC (3) coordinated special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health and whereas Directive No 75/34/EEC (4) laid down conditions for the exercise of the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity;  Whereas Directive No 64/221/EEC should therefore apply to persons to whom Directive No 75/34/EEC applies,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive No 64/221/EEC shall apply to nationals of Member States and members of their families who have the right to remain in the territory of a Member State pursuant to Directive No 75/34/EEC.   Article 2 Member States shall, within twelve months of notification of this Directive, bring into force the measures necessary to comply with its provisions and shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 17 December 1974.  For the Council  The President  M. DURAFOUR  (1)OJ No C 14, 27.3.1973, p. 21. (2)OJ No C 142, 31.12.1972, p. 10. (3)OJ No 56, 4.4.1964, p. 850/64. (4)See page 10 of this Official Journal.