title: Commission Directive 2009/151/EC of 27 November 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include tolylfluanid as an active substance in Annex I thereto (Text with EEA relevance)

text:
               28.11.2009

               EN

               Official Journal of the European Union

               L 313/78

      COMMISSION DIRECTIVE 2009/151/EC
   of 27 November 2009
   amending Directive 98/8/EC of the European Parliament and of the Council to include tolylfluanid 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 tolylfluanid.

               (2)

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

               (3)

               Finland was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 24 April 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 15 May 2009, in an assessment report.

               (5)

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

               (6)

               However, unacceptable risks were identified for the in situ treatment of wood outdoors and for treated wood exposed to weathering. Therefore, products containing tolylfluanid and used as wood preservatives should not be authorised for those uses.

               (7)

               In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing tolylfluanid and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, it is appropriate to require that products intended for industrial or professional use be used with appropriate protective equipment unless it can be demonstrated that risks for industrial or professional users can be reduced by other means. Appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks to these compartments have been identified during the evaluation. Instructions should therefore be provided to indicate that treated timber must be stored after treatment under shelter and/or on impermeable hard standing and that any losses must be collected for reuse or disposal.

               (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 tolylfluanid 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 8 containing tolylfluanid to ensure that they comply with Directive 98/8/EC.

               (11)

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

               (12)

               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 30 September 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 October 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, 27 November 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 29’ 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)

                     ‘29

                     tolylfluanid

                     Dichloro-N-[(dimethylamino)sulphonyl]fluoro-N-(p-tolyl)methanesulphenamide
                     EC No: 211-986-9
                     CAS No: 731-27-1

                     960 g/kg

                     1 October 2011

                     30 September 2013

                     30 September 2021

                     8

                     Products shall not be authorised for the in situ treatment of wood outdoors or for wood that will be exposed to weathering.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 1.

                                 In view of the assumptions made during the risk assessment, products authorised for industrial or professional use must be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial or professional users can be reduced to an acceptable level by other means.

                                 2.

                                 In view of the risks identified for the soil and aquatic compartments, appropriate risk mitigation measures must be taken to protect those compartments. In particular, labels and/or safety-data sheets of products authorised for industrial or professional use shall indicate that freshly treated timber must be stored after treatment under shelter and/or on impermeable hard standing to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.’

         (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


Avis juridique important

|

31974L0347

Council Directive 74/347/EEC of 25 June 1974 on the approximation of the laws of the Member States relating to the field of vision and windscreen wipers for wheeled agricultural or forestry tractors

Official Journal L 191 , 15/07/1974 P. 0005 - 0010 Finnish special edition: Chapter 13 Volume 4 P. 0034  Greek special edition: Chapter 13 Volume 2 P. 0266  Swedish special edition: Chapter 13 Volume 4 P. 0034  Spanish special edition: Chapter 13 Volume 4 P. 0007  Portuguese special edition Chapter 13 Volume 4 P. 0007

COUNCIL DIRECTIVE  of 25 June 1974  on the approximation of the laws of the Member States relating to the field of vision and windscreen wipers for wheeled agricultural or forestry tractors  (74/347/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 the field of vision and windscreen wipers;  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 No 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 km/h.   Article 2 No Member State may refuse to grant EEC type-approval or national type-approval of a tractor on grounds relating to the field of vision or windscreen wipers if these satisfy 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 field of vision or windscreen wipers if these satisfy the requirements set out in the Annex.   Article 4 The amendments necessary for adapting to technical progress the requirements of the Annex shall be adopted in accordance with the procedure laid down in Article 13 of Directive No 74/150/EEC.   Article 5 1. Member States shall put 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 Luxembourg, 25 June 1974.  For the Council  The President  H. D. GENSCHER  (1)OJ No 28, 17.2.1967, p. 462/67. (2)OJ No 42, 7.3.1967, p. 620/67. (3)OJ No L 84, 28.3.1974, p. 10.      ANNEX FIELD OF VISION  DEFINITIONS AND REQUIREMENTS    1. DEFINITIONS      1.1. Field of vision  "Field of vision" means all forward and lateral directions in which the driver of the tractor can see.           1.2. Reference point  "Reference point" means the position, fixed by convention, of the tractor driver's eyes notionally located at a single point. The reference point is situated in the plane parallel to the longitudinal median plane of the tractor and passing through the centre of the seat, 700 mm vertically above the line of intersection of that plane and the surface of the seat and 270 mm in the direction of the pelvic support from the vertical plane passing through the front edge of the surface of the seat and perpendicular to the longitudinal median plane of the tractor (Figure 1). The reference point thus determined relates to the seat when unoccupied and fitted in the central position specified by the tractor manufacturer.           1.3. Semi-circle of vision  "Semi-circle of vision" means the semi-circle described by a radius of 12 m about a point situated in the horizontal plane of the road vertically below the reference point, in such a way that, when facing the direction of motion, the arc of the semi-circle lies in front of the tractor, while the diameter bounding the semi-circle is at right angles to the longitudinal axis of the tractor (Figure 2).           1.4. Masking effect  "Masking effect" means the chords of the sectors of the semi-circle of vision which cannot be seen owing to structural components, e.g., roof pillars.           1.5. Sector of vision  "Sector of vision" means that part of the field of vision bounded:        1.5.1. at the top,  by a horizontal plane passing through the reference point;               1.5.2. in the plane of the road,  by the zone lying outside the semi-circle of vision, and forming the continuation of the sector of the semi-circle of vision, the chord of which is 9.5 m long, perpendicular to the plane parallel to the longitudinal median plane of the tractor passing through the centre of the driver's seat and bisected by that plane.           1.6. Swept area of the windscreen wipers  "Swept area of the windscreen wipers" means the area of the outer surface of the windscreen swept by the windscreen wipers.       2. REQUIREMENTS       2.1. General  The tractor shall be constructed and equipped in such a way that, in road traffic and in farm and forest use, the driver has an adequate field of vision, under all the usual conditions pertaining to highway use and to work undertaken in fields and forests. The field of vision is considered adequate when the driver has, as far as possible, a view of part of each front wheel and when the following requirements are fulfilled.        2.2. Checking of the field of vision      2.2.1. Procedure for determining masking effects        2.2.1.1. The tractor must be placed on a horizontal surface as shown in Figure 2. On a horizontal support level with the reference point, there must be mounted two point sources of light 65 mm apart and symmetrically mounted about the reference point. The support must be rotatable at its centre point about a vertical axis passing through the reference point. For the purpose of measuring the masking effects, the support must be so aligned that the line joining the two light sources is perpendicular to the line joining the masking component and the reference point. The silhouette overlaps projected onto the semi-circle of vision by the masking component as a result of switching on the light sources alternately must be recorded in accordance with item 1.4 (Figure 3).               2.2.1.2. Masking effects must not exceed 600 mm.               2.2.1.3. Masking effects due to adjacent structural components over 80 mm in width must be positioned in such a way that the line joining the centres of the invisible chords of the sectors of the semi-circle of vision is not less than 2.50 m in length.               2.2.1.4. There may be no more than six masking effects in the semi-circle of vision and no more than two inside the sector of vision defined in item 1.5.               2.2.1.5. Masking effects exceeding 600 mm but not exceeding 1 200 mm are, however, permissible if the components causing them cannot be redesigned or relocated. There must be no more than two such masking effects and these must lie outside the sector of vision.               2.2.1.6. Blind spots caused by type-approved rear-view mirrors may be disregarded if the design of these mirrors is such that they cannot be installed in any other way.                          2.2.2. Mathematical determination of masking effects for binocular vision:        2.2.2.1. as an alternative to the procedure set out in item 2.2.1, the acceptability of individual masking effects can be determined mathematically. The requirements of items 2.2.1.3, 2.2.1.4, 2.2.15 and 2.2.1.6 shall apply in respect of the size, distribution and number of the masking effects;               2.2.2.2. for binocular vision with an inter-ocular distance of 65 mm, the masking effect expressed in mm is given by the formula: >PIC FILE= "T0006106">   in which:  a is the distance in millimetres between the component obstructing vision and the reference point measured along the visual radius joining the reference point, the centre of the component and the perimeter of the semi-circle of vision;  b is the width in millimetres of the component obstructing vision measured horizontally and perpendicular to the visual radius.                                 2.3. The test methods referred to under item 2.2 may be replaced by others if the latter can be shown to be equivalent.       2.4. Where, in the case of masking effects, Article 8 (3) of Directive No 74/150/EEC is to be applied, the procedure used shall be that given under item 2.2.2.       2.5. Transparent area of the windscreen  If the tractor is fitted with a windscreen, the transparent area thereof must be such that the requirements of item 2.2 are satisfied.       2.6. Windscreen wipers      2.6.1. Tractors fitted with windscreens must also be equipped with motor-driven windscreen wipers and the area swept by these wipers must ensure an unobstructed forward view corresponding to a chord of the semi-circle of vision at least 8 m long within the sector of vision.           2.6.2. The rate of operation of the windscreen wipers must be at least 20 cycles per minute.                    >PIC FILE= "T0006107">    >PIC FILE= "T0006108">    >PIC FILE= "T0006109">