Avis juridique important

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31993L0097

Council Directive 93/97/EEC of 29 October 1993 supplementing Directive 91/263/EEC in respect of satellite earth station equipment

Official Journal L 290 , 24/11/1993 P. 0001 - 0008 Finnish special edition: Chapter 13 Volume 25 P. 0067  Swedish special edition: Chapter 13 Volume 25 P. 0067

COUNCIL DIRECTIVE 93/97/EEC of 29 October 1993 supplementing Directive 91/263/EEC in respect of satellite earth station equipmentTHE 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),  (1) Whereas the Commission has issued a Green Paper on a common approach in the field of satellite communications in the Community proposing the introduction of mutual recognition of type approval for satellite earth station equipment as one of the  major preconditions for, inter alia, a Community-wide market for satellite earth station equipment;  (2) Whereas the Council resolution of 19 December 1991 on the development of a common market for satellite communications services and equipment (4) considers as one of the major goals in satellite telecommunications policy the harmonization and  liberalization of appropriate satellite earth station equipment, subject, in particular, to conditions necessary for compliance with essential requirements;  (3) Whereas that resolution notes with interest the intention of the Commission to propose measures for the approximation of the laws of the Member States concerning the appropriate satellite earth station equipment, including the mutual recognition of  their conformity, in line with the principles already established in Directive 91/263/EEC (5);  (4) Whereas the goal of an advanced, open Community-wide market for satellite earth station equipment requires effective and efficient harmonized procedures for certification, testing, marking, quality assurance and product surveillance; whereas the  alternative to Community legislation is an analogous system of provisions negotiated between Member States, which would involve obvious difficulties because of the number of organisms which would be involved in multiple bilateral negotiations; whereas  this is not practicable, rapid or efficient; whereas therefore the objectives of the proposed action cannot be sufficiently achieved by the Member States; whereas on the contrary the form of a Community directive has repeatedly shown itself, in the  sector of telecommunications among others, as a practicable, rapid and efficient means; whereas the objective of the action under consideration can therefore be better achieved at Community level;  (5) Whereas Community law in its present form provides, notwithstanding one of the fundamental rules of the Community, namely the free movement of goods, that obstacles to movement within the Community, resulting from disparities in national  legislations relating to the marketing of products, must be accepted in so far as such requirements can be recognized as being necessary to satisfy essential requirements; whereas, therefore, the harmonization of laws in this case must be limited only  to those requirements necessary to satisfy the essential requirements relating to satellite earth station equipment; whereas these requirements must replace the relevant national requirements because they are essential;  (6) Whereas Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits (6) and Council Directive 83/189/EEC of 28 March 1983  laying down a procedure for the provision of information in the field of technical standards and regulations (7), are applicable, inter alia, to the fields of telecommunications and information technology;  (7) Whereas Directive 73/23/EEC in general also covers safety of persons;  (8) Whereas Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility (8) sets out harmonized procedures for the protection of apparatus by electromagnetic disturbances and  defines the protection requirements and inspection procedures relating thereto; whereas the general requirements of that Directive also apply to satellite earth station equipment; whereas electromagnetic compatibility requirements are covered by this  Directive in so far as they are specific to satellite earth station equipment;  (9) Whereas Decision 87/95/EEC (9) sets out the measures to be implemented for the promotion of standardization in Europe and the preparation and implementation of standards in the field of information technology and telecommunications;  (10) Whereas bearing in mind the essential requirements, it is desirable in order to help manufacturers to prove conformity with these essential requirements, to have standards harmonized at European level to safeguard the general interest in the design  and manufacture of satellite earth station equipment and allow checks on conformity with these essential requirements; whereas these standards harmonized at European level are drawn up by private-law bodies and must retain their non-binding status;  whereas for this purpose the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (Cenelec) and the European Telecommunications Standards Institute (ETSI) are the bodies recognized as competent to  adopt harmonized standards;  (11) Whereas the proposals for common technical regulations are, as a general rule, drawn up on the basis of harmonized standards, and, in order to ensure appropriate technical coordination on a broad European basis, of additional consultations, in  particular with the Telecommunications Regulations Application Committee (TRAC);  (12) Whereas Directive 91/263/EEC introduced the full mutual recognition of type approval for telecommunications terminal equipment and established the Approvals Committee for Terminal Equipment (ACTE) composed of representatives of the Member States  and chaired by the representative of the Commission to assist the Commission in executing the tasks entrusted to it by that Directive;  (13) Whereas Directive 91/263/EEC does not explicitly apply to satellite earth station equipment;  (14) Whereas it is therefore necessary to extend to satelitte earth station equipment the principles already established in that Directive in relation to telecommunications terminal equipment;  (15) Whereas the scope of this Directive must be based on a general definition of the term 'satellite earth station equipment' so as to allow the technical development of products; whereas the scope excludes purpose-built satellite earth station  equipment intended for use as part of the public terrestrial telecommunications network; whereas this is intended to exclude, inter alia, gateway satellite earth stations for major trunking applications within the context of the infrastructure provision  (such as large size diameter stations) and satellite tracking and control earth stations;  (16) Whereas this Directive does not affect current special or exclusive rights concerning satellite communications which may in accordance with Community law, be retained by the Member States;  (17) Whereas satellite earth station equipment is configured, as far as its interface to the space-based system is concerned, either for the transmission of radio communications signals or for both the transmission and reception of radio-communications  signals, or for the reception-only of radio-communications signals;  (18) Whereas satellite earth station equipment is, as far as the terrestrial interface is concerned, either intended for, or not intended for terrestrial connection to the public telecommunications network;  (19) Whereas orbits (such as the geo-stationary orbit, low earth orbits and elliptical orbits) are paths in space described by satellites or other space-based systems, and are limited, nature-given resources;  (20) Whereas orbital resources are used in conjunction with the radio frequency spectrum which is also a limited, nature-given resource; whereas transmitting satellite earth station equipment makes use of both these resources;  (21) Whereas the effective use of orbital resources in conjunction with the radio frequency spectrum and avoidance of harmful interference between space-based and terrestrial communications systems and other technical systems is of importance for the  development of European satellite communications; whereas the International Telecommunications Union (ITU) establishes criteria for effective use of orbital resources as well as for radio-coordination to enable space and terrestrial systems to co-exist  without undue interference;  (22) Whereas harmonizing conditions for the placing on the market of satellite earth station equipment will create the conditions for an open and unified market and further will achieve an effective use of orbital resources and the radio frequency  spectrum and facilitate avoidance of harmful interference between space-based and terrestrial communications systems and other technical systems;  (23) Whereas in respect of the essential requirements related to effective use of orbital resources and the radio frequency spectrum, and avoiding harmful interference with space-based and terrestrial communications systems and other technical systems,  it is in general not possible to comply with such requirements other than by the application of special technical solutions; whereas common technical regulations are therefore necessary;  (24) Whereas the parameters for the use of the frequency spectrum by transmitters are covered by the essential requirements in Article 4 (c) and (e) of Directive 91/263/EEC, with the test methods and the limit values being specifed in conjunction with  the technical features of the specific equipment;  (25) Whereas satellite earth station equipment, capable of being used for transmission or for transmission and reception of radio-communications signals, may be subject to licensing terms, in addition to the provisions of this Directive;  (26) Whereas satellite earth station equipment, only capable of being used for reception of radio-communications signals, shall not be subject to licensing terms but only to the provisions of this Directive unless they are intended for terrestrial  connection to the public telecommunications network, as proposed in the Green Paper on satellite communications in the European Community; whereas the use of such satellite earth station equipment must be in conformity with national regulations,  compatible with Community law;  (27) Whereas real, comparable access to third country markets, in particular the United States of America and Japan, for European manufacturers should preferably be achieved through multilateral negotiations within the GATT, although bilateral talks  between the Community and third countries may also contribute to this process;  (28) Whereas representatives of the telecommunication organizations, users, consumers, manufacturers, service providers and the trade unions should have the right to be consulted;  (29) Whereas the addressees of any decision taken under this Directive must be informed of the reasons for such a decision and the means of appeal open to them;  (30) Whereas transitional arrangements are required in order that the manufacturers have the necessary time to adapt the design and production of satellite earth station equipment to the common technical regulations; whereas in order to have the  necessary flexibility the transition arrangements must be worked out on a case-by-case basis; whereas the common technical regulations shall lay down the necessary transition arrangements;  (31) Whereas ACTE has to play an important role in the application of this Directive; whereas it should work in close cooperation with relevant committees dealing with licence procedures for satellite network and services,  HAS ADOPTED THIS DIRECTIVE: CHAPTER I Scope, placing on the market and free circulation  Article 1  1. This Directive shall apply to satellite earth station equipment as defined in paragraph 2.  2. For the purpose of this Directive:  - the definitions given in Directive 91/263/EEC shall apply, where relevant,  - satellite earth station equipment means equipment which is capable of being used either for transmission only, or for transmission and reception (transmit-receive), or for reception only (receive-only), of radio-communication signals by means of  satellites or other space-based systems, but excluding purpose-built satellite earth station equipment intended for use as part of the public telecommunications network of a Member State,  - terrestrial connection to the public telecommunications network means any connection to the public telecommunications network which does not include a space segment.  3. The manufacturer of supplier of satellite earth station equipment shall declare if the equipment is either intended for, or not intended for terrestrial connection to the public telecommunications network.   Article 2  1. Member States shall take all appropriate measures to ensure that receive-only satellite earth station equipment not intended for terrestrial connection to the public telecommunications network may be placed on the market and put into  service and used on their territory, in conformity with national law compatible with Community law, only if it complies with the requirements of this Directive when it is properly installed and maintained and used for its intended purposes.  Such use must be in conformity with any national law, compatible with Community law, which restricts the use to the reception of services intended for that user.  2. Member States shall take all appropriate measures to ensure that other satellite earth station equipment may be placed on the market only if it complies with the requirements of this Directive when it is properly installed and maintained and used for  its intended purposes. The use of such equipment may be subject to licensing terms in conformity with Community law.  3. Member States shall also take all appropriate measures to ensure that satellite earth station equipment which is not intended for terrestrial connection to the public telecommunications network is not permitted to be connected to the public  telecommunications network.  4. Member States shall also take all appropriate measures to ensure that satellite earth station equipment which is not intended for terrestrial connection to the public telecommunications network is disconnected from the public telecommunications  network.  Member States shall moreover take all appropriate measures, according to their national laws, to prevent terrestrial connection to the public telecommunications network of such equipment.   Article 3  Member States shall not impede the free circulation and the placing on the market of satellite earth station equipment conforming to the provisions of this Directive.   Article 4  1. Satellite earth station equipment shall satisfy the same essential requirements as those set out in Article 4 of Directive 91/263/EEC.  2. For the purpose of this Directive, as well as Directive 91/263/EEC, the essential requirements of Article 4 (a) of Directive 91/263/EEC shall imply the safety of persons in the same way as in Directive 73/23/EEC.  3. In the context of transmit or transmit-receive satellite earth station equipment, the essential requirement set out in Article 4 (e) of Directive 91/263/EEC concerning effective use of the radio frequency spectrum shall include the effective use of  orbital resources and the avoidance of harmful interference between space-based and terrestrial communications systems and other technical systems.  4. In the context of satellite earth station equipment, electromagnetic compatibility requirements in so far as they are specific to satellite earth station equipment shall be subject to the essential requirement set out in Article 4 (c) of Directive  91/263/EEC.  5. Satellite earth station equipment shall satisfy the essential requirement set out in Article 4 (f) of Directive 91/263/EEC, regarding the interworking of satellite earth station equipment with the public telecommunications network.  6. Satellite earth station equipment shall satisfy the essential requirement set out in Article 4 (g) of Directive 91/263/EEC regarding the interworking of satellite earth station equipment via the public telecommunications network in justified cases.  Cases where satellite earth station equipment is capable of supporting and intended to support a service for which the Council has decided that there should be Community-wide availability are considered as justified cases and the requirements concerning  this interworking shall be determined in accordance with the procedure laid down in Article 16 of this Directive.  7. Notwithstanding paragraphs 1, 5 and 6 of this Article, satellite earth station equipment which is not intended for connection to the public telecommunications network shall not be required to satisfy the essential requirements set out in Article 4  (b), (d), (f) and (g) of Directive 91/263/EEC.   Article 5  1. Member States shall presume compliance with the essential requirements referred to in Article 4 (a) and (b) of Directive 91/263/EEC in respect of satellite earth station equipment which is in conformity with the national standards  implementing the relevant harmonized standards, the references of which have been published in the Official Journal of the European Communities. Member States shall publish the references of such national standards.  2. The Commission shall, in accordance with the procedure laid down in Article 16 of this Directive, adopt:  - as a first step, the measures identifying the type of satellite earth station equipment for which a common technical regulation is required, as well as the associated scope statement for that regulation, with a view to its transmission to the relevant  standardization bodies,  - as a second step, once they have been prepared by the relevant standardization bodies, the corresponding harmonized standards, or parts thereof, implementing the essential requirements referred to in Article 4 (2) to (5), which shall be transformed  into common technical regulations, compliance with which shall be mandatory and the reference of which shall be published in the Official Journal of the European Communities.   Article 6  Where a Member State or the Commission considers that the harmonized standards referred to in Article 5 of this Directive exceed or do not entirely meet the relevant essential requirements referred to in Article 4 of this Directive, the same  enquiry and notification procedures shall apply as those set out in Article 7 of Directive 91/263/EEC.   Article 7  1. Where a Member State finds that satellite earth station equipment bearing the marking under the provisions laid down in Chapter III does not comply with the relevant essential requirements when properly used in accordance with the purpose  intended by the manufacturer, the same measures, information and consultation procedures shall apply as those set out in Article 8 (1) (2) and (4) of Directive 91/263/EEC.  2. Where satellite earth station equipment which does not comply with the relevant essential requirements bears the CE marking, the competent Member State shall take appropriate action against whomsoever has affixed the marking. The same notification  procedures shall apply as those set out in Article 8 (3) and (4) of Directive 91/263/EEC.  CHAPTER II Conformity assessment  Article 8  1. All transmit or transmit receive satellite earth station equipment shall, according to the choice of the manufacture or his authorized representative established within the Community, be subject to all the provisions of Article 9 (1) and  (2) of Directive 91/263/EEC concerning conformity assessment.  2. The same procedures regarding language requirements shall apply as those set out in Article 9 (3) of Directive 91/263/EEC.  3. Article 10 (5) of Directive 89/336/EEC shall not apply to equipment falling within the scope of this Directive or of Directive 91/263/EEC.   Article 9  Receive-only satellite earth station equipment, which is intended for terrestrial connection to the public telecommunications network, shall, as far as its terrestrial interface is concerned, be subject to the provisions of Article 8 (1)  concerning conformity assessment while, as far as other elements are concerned, they shall be subject either to the provisions of Article 8 (1) or to the Community internal production control procedures set out in the Annex, as far the requirements of  this Directive are concerned.   Article 10  Receive-only satellite earth station equipment which is not intended for terrestrial connection to the public telecommunications network shall be subject either to the provisions of Article 8 (1) or to the Community internal production  control procedures set out in the Annex as far the requirements of this Directive are concerned.   Article 11  In addition to the provisions of Articles 8, 9 and 10 of this Directive satellite earth station equipment which is not intended for connection to the public telecommunications network shall be accompanied by a manufacturer's or supplier's  declaration made and transmitted in accordance with the same procedures as those set out in Article 2 and Annex VIII to Directive 91/263/EEC, except that the declaration shall make a reference to this Directive instead of Directive 91/263/EEC.   Article 12  In relation to satellite earth station equipment, the same procedures for notified bodies and test laboratories shall apply as those set out in Article 10 and Annex V to Directive 91/263/EEC.  CHAPTER III CE marking of conformity and inscriptions  Article 13  1. The marking of satellite earth station equipment complying with this Directive shall consist of the CE marking consisting of the symbol 'CE', followed by the identifying symbol of the notified body responsible and, where relevant, a  symbol indicating that the equipment is intended and is suitable to be connected through a terrestrial connection to the public telecommunications network. The 'CE' symbol and these two other symbols shall be the same as those shown in Annex VI to  Directive 91/263/EEC.  2. The affixing of marks which are likely to be confused with the CE marking referred to in paragraph 1 above shall be prohibited.  3. Satellite earth station equipment shall be identified by the manufacturer by means of type, batch and/or serial numbers and by the name of the manufacturer and/or supplier responsible for placing it on the market.  4. Notwithstanding paragraph 1, the marking of receive-only satellite earth station equipment which is not intended for terrestrial connection to the public telecommunications network and which has been subject to the Community internal production  control procedure set out in the Annex as far as the requirements of this Directive are concerned, shall consist of the CE marking, consisting of the symbol 'CE'.   Article 14  Where it is established that the marking referred to in Article 13 (1) of this Directive has been affixed to satellite earth station equipment which:  - does not conform to an approved type, or - conforms to an approved type which does not meet the essential requirements applicable to it, or or where the manufacturer has failed to fulfil his obligations under the relevant Community declaration of conformity, the same procedures shall apply as those set out in Article 12 of Directive 91/263/EEC.  CHAPTER IV Committee Procedures  Article 15  1. The Approvals Committee for Terminal Equipment (hereinafter referred to as 'the Committee') set up under Article 13 (1) of Directive 91/263/EEC shall assist the Commission in implementing this Directive.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. 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,  if necessary by taking a vote.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  The Commission shall take the utmost account of the opinion delivered by the Committee. The Commission shall inform the Committee of the manner in which its opinion has been taken into account.  3. The Commission will periodically consult the representatives of the telecommunications organizations, users, consumers, manufacturers, service providers and trade unions and will inform the Committee of the outcome of such consultations, with a view  to taking due account of the outcome.   Article 16  1. Notwithstanding Article 15 (1) and (2), the procedure laid down in the following paragraphs shall apply for matters covered by Articles 4 (6) and 5 (2).  2. The representative of the Commission shall submit to the Committee set up under Article 14 a draft of the measures to be taken as referred to in Articles 4 (6) and 5 (2). 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 the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the  Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.  4. If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority. If, within three months from the date referred to it, the Council has not acted, the proposed measures shall be adopted by the Commission.  CHAPTER V Final and transitional provisions  Article 17  1. The Commission shall report on the implementation of this Directive at the same time and in the same manner as provided for in Article 15 of Directive 91/263/EEC.  2. The Commission shall, when submitting those draft measures referred to in Article 5 (2) of this Directive dealing with common technical regulations, ensure that transition arrangements, where appropriate, form part of the draft measures.   Article 18  1. Member States shall take the measures necessary to comply with this Directive no later than 1 May 1995. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  2. Member States shall inform the Commission of the main provisions of domestic law which they adopt in the field governed by this Directive.   Article 19  This Directive is addressed to the Member States.  Done at Brussels, 29 October 1993. For the Council The President R. URBAIN   (1) OJ No C 4, 8. 1. 1993, p. 3.  (2) OJ No C 176, 28. 6. 1993, p. 74 and Decision of 27 October 1993 (not yet published in the Official Journal).  (3) OJ No C 161, 14. 6. 1993, p. 11.  (4) OJ No C 8, 14. 1. 1992, p. 1.  (5) OJ No L 128, 23. 5. 1991, p. 1.  (6) OJ No L 77, 26. 3. 1973, p. 29.  (7) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Commission Decision 92/400/EEC (OJ No L 221, 6. 8. 1992, p. 55).  (8) OJ No L 139, 23. 5. 1989, p. 19. Directive as last amended by Directive 92/31/EEC (OJ No L 126, 12. 5. 1992, p. 11).  (9) OJ No L 36, 7. 2. 1987, p. 31.      ANNEX   Community internal production control procedure  1. This Annex describes the procedure whereby the manufacturer or his authorized representative established within the Community, who carries out the obligations laid down in 2, ensures and declares that  the products concerned satisfy the requirements of this Directive that apply to them.  The manufacturer must affix the CE marking to each product and draw up a written declaration of conformity.  2. The manufacturer must establish the technical documentation described in 3 and he or his authorized representative established within the Community must keep it, for a period ending at least 10 years after the last product has been manufactured, at  the disposal of the relevant national authorities for inspection purposes.  Where neither the manufacturer nor his authorized representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the Community market.  3. Technical documentation must enable the conformity of the products to be assessed against the requirements of this Directive that apply to them. It must contain, so far as relevant for assessment:  - a general description of the product,  - conceptual design and manufacturing drawings and lists of components, sub-assemblies, circuits, etc.,  - descriptions and explanations necessary for the understanding of the said drawings and lists and the operation of the product,  - a list of the standards mentioned in Article 5 of this Directive applied in full or as far as is relevant or, in the absence of such standards, the technical construction file, and descriptions of the solutions adopted to meet those requirements of  this Directive that apply to the products,  - results of design calculations made, examinations carried out, etc.,  - test reports.  4. The manufacturer or his authorized representative must keep a copy of the declaration of conformity with the technical documentation.  5. The manufacturer must take all measures necessary to ensure that the manufacturing process ensures compliance by the manufactured products with the technical documentation referred to in 2 and with those requirements of this Directive that apply to  them.


title: Commission Directive 2004/98/EC of 30 September 2004 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of pentabromodiphenyl ether in aircraft emergency evacuation systems for the purpose of adapting its Annex I to technical progress(Text with EEA relevance)

text:
               1.10.2004

               EN

               Official Journal of the European Union

               L 305/63

      COMMISSION DIRECTIVE 2004/98/EC
   of 30 September 2004
   amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of pentabromodiphenyl ether in aircraft emergency evacuation systems for the purpose of adapting its Annex I to technical progress
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and
   Having regard to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of dangerous substances and preparations (1), and in particular Article 2a thereof,
   Whereas:

               (1)

               Pentabromodiphenyl ether (pentaBDE) is used as a brominated flame retardant in order to protect plastics, fabrics and other articles against fire.

               (2)

               On the basis of a risk assessment pursuant to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (2) it was considered necessary to restrict the placing on the market and use of pentaBDE, and the substance was therefore added to Annex I to Directive 76/769/EEC.

               (3)

               Recently, new information has become available showing that pentaBDE is used in specific fabrics for aircraft evacuation slides and slide-rafts and cannot be replaced by suitable alternatives due to the extensive safety testing and regulatory requirements.

               (4)

               Emissions from such slides into the environment and exposure of humans cannot be expected, except in emergency cases for a few seconds, and only in the rare event that the material is burning.

               (5)

               Considering the limited application of pentaBDE in aircraft emergency evacuation systems and the negligible contribution to the overall risks posed by that article to health and the environment, it is justified to permit pentaBDE to be placed on the market and used for that specific purpose.

               (6)

               Given the complexity of the substitution process and the authorisation regulations for aircraft emergency systems, and the serious socio-economic implications, a time limited derogation is justified for articles essential for evacuation situations. Permitting the use of pentaBDE in aircraft emergency evacuation systems would maintain aircraft safety by preventing the use of older emergency systems.

               (7)

               Directive 76/769/EEC should therefore be amended accordingly.

               (8)

               This Directive should apply without prejudice to Community legislation laying down minimum requirements for the protection of workers, in particular Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (3), and Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (4).

               (9)

               The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 76/769/EEC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 1 January 2005 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 and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 January 2005 at the latest.
   When Member States adopt those provisions, these 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 day of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 30 September 2004.

            For the Commission

         Olli REHN

            Member of the Commission

      (1)  OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2004/96/EC (OJ L 301, 28.9.2004, p. 51).

      (2)  OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation of the European Parliament and of the Council (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (3)  OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC) No 1882/2003.

      (4)  OJ L 158, 30.4.2004, p. 50.

      ANNEX
      Annex I to Directive 76/769/EEC, is amended as follows:
      In the second column of point 44, entitled diphenylether, pentabromo derivative C12H5Br5O, a new paragraph 3 is added:

         ‘3.   By way of derogation, until 31 March 2006 paragraphs 1 and 2 shall not apply to aircraft emergency evacuation systems.’


Avis juridique important

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32000L0019

Commission Directive 2000/19/EC of 13 April 2000 adapting to technical progress Council Directive 86/298/EEC on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (Text with EEA relevance)

Official Journal L 094 , 14/04/2000 P. 0031 - 0032

Commission Directive 2000/19/ECof 13 April 2000adapting to technical progress Council Directive 86/298/EEC on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 74/150/EEC 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(1), as last amended by Commission Directive 2000/2/EC(2), and in particular Article 11 thereof,Having regard to Council Directive 86/298/EEC of 26 May 1986 on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 12 thereof,Whereas:(1) In order to improve safety, it is necessary to clarify the methods for testing rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors taking account of the wide range of equipment.(2) The methods for testing these structures should be harmonised with those laid down in Code 7 of the Organisation for Economic Cooperation and Development (OECD) on official tests of protection structures for agricultural tractors.(3) Directive 86/298/EEC should be amended accordingly.(4) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Article 12 of Directive 74/150/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Annexes I to VI to Directive 86/298/EEC are hereby amended in accordance with the Annex to this Directive.Article 21. From 1 July 2001, Member States may not:- refuse, for a type of tractor, to grant EC type-approval or issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC, or to grant national type-approval, or- prohibit the first entry into service of tractors,if those tractors comply with the requirements of Directive 86/298/EEC, as amended by this Directive.2. From 1 January 2002, Member States:- may no longer issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC for as type of tractor if it does not comply with the requirements of Directive 86/298/EEC, as amended by this Directive,- may refuse to grant national type-approval for a type of tractor if it does not comply with the requirements of Directive 86/298/EEC, as amended by this Directive.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2001 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such as 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 main provisions of national law that they adopt in the field covered by this Directive.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 13 April 2000.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 84, 28.3.1974, p. 10.(2) OJ L 21, 26.1.2000, p. 23.(3) OJ L 186, 8.7.1986, p. 26.ANNEXAnnexes I to VI to Directive 86/298/EEC are hereby amended as follows:1. In Annex I, point 1 is replaced by the following: "1. The requirements of point 1 of Code 7 of the OECD (Decision C(87) 53 final of 24 November 1987, as last amended on 3 March 1999), with the exception of point 1.1 shall be applied."2. Annex II is replaced by the following: "ANNEX IITECHNICAL REQUIREMENTSThe technical requirements for the EC component type-approval of rear-mounted roll-over protection structures of narrow-track wheeled agricultural or forestry tractors shall be those set out in point 3 of Code 7 of the OECD (Decision C(87) 53 final of 24 November 1987, as last amended on 3 March 1999). These technical requirements shall not apply to the chapters of point 3 relating to the test bulletin, minor modifications and identifications."3. Annexes III, IV and V are deleted.4. In Annex VI, the first indent is replaced by the following: "- a rectangle surrounding the lower case letter "e" followed by the distinguishing number of the Member State which has granted the component type-approval:1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 5 for Sweden, 6 for Belgium, 9 for Spain, 11 for the United Kingdom, 12 for Austria, 13 for Luxembourg, 17 for Finland, 18 for Denmark, 21 for Portugal, 23 for Greece, 24 for Ireland,".


title: Commission Directive 2010/57/EU of 26 August 2010 amending Annex I to Council Directive 91/414/EEC to renew the inclusion of imazalil as active substance  Text with EEA relevance

text:
               27.8.2010

               EN

               Official Journal of the European Union

               L 225/5

         COMMISSION DIRECTIVE 2010/57/EU
   of 26 August 2010
   amending Annex I to Council Directive 91/414/EEC to renew the inclusion of imazalil as active substance
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               The inclusion of imazalil in Annex I to Directive 91/414/EEC expires on 31 December 2011. A notification was submitted in accordance with Article 4 of Commission Regulation (EC) No 737/2007 of 27 June 2007 on laying down the procedure of the renewal of the inclusion of a first group of active substances in Annex I to Council Directive 91/414/EEC and establishing the list of those substances (2) for the renewal of the inclusion of imazalil as active substance in Annex I to Directive 91/414/EEC within the time period provided for in that Article.

               (2)

               That notification was found to be admissible by Commission Decision 2008/656/EC of 28 July 2008 on the admissibility of the notifications concerning the renewal of the inclusion in Annex I to Council Directive 91/414/EEC of the active substances azimsulfuron, azoxystrobin, fluroxypyr, imazalil, kresoxim-methyl, prohexadion-calcium and spiroxamin, and establishing the list of the notifiers concerned (3).

               (3)

               Within the time period provided for in Article 6 of Regulation (EC) No 737/2007, the notifier submitted the data required in accordance with Article 6 of Regulation (EC) No 737/2007 together with an explanation as regards the relevance of each new study submitted.

               (4)

               The rapporteur Member State prepared an assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (hereinafter ‘the Authority’) and the Commission on 9 June 2009. In addition to the assessment of the substance, that report includes a list of the studies the rapporteur Member State relied on for its assessment.

               (5)

               The Authority communicated the assessment report to the notifier and to all the Member States and forwarded the comments received to the Commission. The Authority also makes available the assessment report available for the public.

               (6)

               At the request of the Commission, the assessment report was peer reviewed by the Member States and the Authority, the Authority presented its conclusion on the peer review of the risk assessment of imazalil (4) to the Commission on 4 March 2010. The assessment report and the conclusion from the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 9 July 2010 in the format of the Commission review report for imazalil.

               (7)

               It has appeared from the various examinations made that plant protection products containing imazalil may be expected to continue to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular as regards the uses which were examined and detailed in the Commission review report. It is therefore appropriate to renew the inclusion of imazalil in Annex I to Directive 91/414/EEC, in order to ensure that plant protection products containing this active substance may continue to be authorised where they comply with that Directive.

               (8)

               Based on the review report which supports a lower level of purity compared to the level of inclusion of imazalil in Annex I to Directive 91/414/EEC and taking into account that no toxicologically or ecotoxicologically significant impurities are present, the purity level should be modified.

               (9)

               It is necessary to include specific provisions requiring Member States, when authorising plant protection products containing imazalil, to pay particular attention to certain points or to ensure that appropriate risk mitigation measures are taken. In particular, the Member States should ensure that: the test materials used in the toxicity dossiers will be compared and verified against the specification of the technical material as commercially manufactured; the acute dietary exposure situation will pose no risk to the consumers, when reviewing maximum residue levels.

               (10)

               From the new data submitted, it appears that imazalil and its degradation products in soil and surface water systems may cause risks for soil micro-organisms and aquatic organisms; negligible groundwater exposure needs to be confirmed; further investigation is needed on the nature of residues in processed commodities. Without prejudice to the conclusion that the inclusion of imazalil is to be renewed, it is therefore appropriate to obtain further information on those specific points. Article 6(1) of Directive 91/414/EEC provides that the inclusion of a substance in Annex I may be subject to conditions. Therefore it is appropriate to require that the notifier submit further information as regards the route of degradation of imazalil in soil and surface water systems, environmental data to ensure that groundwater exposure is negligible and a hydrolysis study to investigate the nature of residues in processed commodities.

               (11)

               A reasonable period should be allowed to elapse before the inclusion of an active substance in Annex I to Directive 91/414/EEC is renewed in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the renewal.

               (12)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of renewing the inclusion of an active substance in Annex I thereof, Member States should be allowed a period of six months after renewal to review authorisations of plant protection products containing imazalil to make sure that the requirements laid down in Directive 91/414/EEC, in particular in its Article 13, and the relevant conditions set out in Annex I to that Directive, continue to be satisfied. As appropriate, Member States should renew, where appropriate with modifications, or refuse to renew authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the update of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (13)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (14)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended in accordance with the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 31 January 2012 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 and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 February 2012.
   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.
   Article 3
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary amend or withdraw existing authorisations for plant protection products containing imazalil as an active substance by 31 January 2012.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to imazalil are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing imazalil as either the only active substance or as one of several active substances, all of which were listed in Annex I to Directive 91/414/EEC by 31 July 2011 at the latest, Member States shall, where necessary, re-evaluate the products, to take into account developments occurred in the scientific and technical knowledge and in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning imazalil. On the basis of that evaluation, they shall determine whether the product still satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC. Following that determination Member States shall, where necessary, amend or withdraw the authorisation by 31 July 2015.
   3.   By way of derogation from paragraphs 1 and 2, for each authorised plant protection product containing imazalil as one of several active substances, all of which were listed in Annex I to Directive 91/414/EEC by 31 July 2011 at the latest, and at least one of which was included in Annex I to Directive 91/414/EEC between 1 January 2009 and 31 July 2011, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning imazalil. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall, where necessary, amend or withdraw the authorisation by 31 July 2015 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.
   Article 4
   This Directive shall enter into force on 1 August 2011.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 26 August 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 169, 29.6.2007, p. 10.

      (3)  OJ L 214, 9.8.2008, p. 70.

      (4)  European Food Safety Authority: ‘Conclusion on the peer review of the pesticide risk assessment of the active substance imazalil’ on request from the European Commission, EFSA Journal 2010, 8(3):1526.

      ANNEX
      In Annex I to Directive 91/414/EEC, row No 1 is replaced by the following:

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘1

                     imazalil
                     CAS No 35554-44-0
                     73790-28-0 (replaced)
                     CIPAC No 335

                     (RS)-1-(β-allyloxy-2,4-dichlorophenethyl)imidazole
                     or
                     allyl (RS)-1-(2,4-dichlorophenyl)-2-imidazol-1-ylethyl ether

                     ≥ 950 g/kg

                     1 August 2011

                     31 July 2021

                     PART A
                     Only uses as fungicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on imazalil, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 9 July 2010 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to:

                                 —

                                 the specification of the technical material as commercially manufactured must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,

                                 —

                                 the acute dietary exposure situation of consumers in view of future revisions of maximum residue levels,

                                 —

                                 the operators and workers safety. Authorised conditions of use must prescribe the application of adequate personal protective equipment and risk mitigation measures to reduce the exposure,

                                 —

                                 ensure that appropriate waste management practices to handle the waste solution remaining after application, such as the cleaning water of the drenching system and the discharge of the processing waste are put in place. Prevention of any accidental spillage of treatment solution. Member States permitting the release of waste water into the sewage system shall ensure that a local risk assessment is carried out,

                                 —

                                 risk to aquatic organisms and soil micro-organisms and long-term risk to granivorous birds and mammals. Conditions of authorisation should include risk mitigation measures, where appropriate.

                           The Member States concerned shall ensure that the notifier submits to the Commission further information and in particular confirmatory data on:

                                 —

                                 route of degradation of imazalil in soil and surface water systems,

                                 —

                                 environmental data to support the managing measures that Member States have to put in place to ensure that groundwater exposure is negligible,

                                 —

                                 a hydrolysis study to investigate the nature of residues in processed commodities.

                           They shall ensure that the notifier provides such information to the Commission by 31 October 2012.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


Avis juridique important

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31972L0274

Council Directive 72/274/EEC of 20 July 1972 amending the Directives of 14 June 1966 on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, the Directive of 30 June 1969 on the marketing of seed of oil and fibre plants and the Directives of 29 September 1970 on the marketing of vegetable seed and on the common catalogue of varieties of agricultural species

Official Journal L 171 , 29/07/1972 P. 0037 - 0038 Danish special edition: Series I Chapter 1972(III) P. 0724  English special edition: Series I Chapter 1972(III) P. 0763  Greek special edition: Chapter 03 Volume 8 P. 0091  Spanish special edition: Chapter 03 Volume 6 P. 0052  Portuguese special edition Chapter 03 Volume 6 P. 0052  Finnish special edition: Chapter 3 Volume 4 P. 0227  Swedish special edition: Chapter 3 Volume 4 P. 0227

COUNCIL DIRECTIVE  of 20 July 1972  amending the Directives of 14 June 1966 on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, the Directive of 30 June 1969 on the marketing of seed of oil and fibre plants and the Directives of 29 September 1970 on the marketing of vegetable seed and on the common catalogue of varieties of agricultural species  (72/274/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;  Having regard to the Opinion of the European Parliament;  Having regard to the Opinion of the Economic and Social Committee;  Whereas it is appropriate, for the reasons set out below, to amend certain provisions of the Council Directives of 14 June 1966, as last amended by the Directive of 30 March 1971 1, on the marketing of beet seed 2, on the marketing of fodder plant seed 3, on the marketing of cereal seed 4 and on the marketing of seed potatoes 5, the Council Directive of 30 June 1969 6 on the marketing of seed of oil and fibre plants, as amended by the Directive of 30 March 1971, the Council Directive of 29 September 1970 7 on the marketing of vegetable seed, as amended by the Directive of 30 March 1971, and the Council Directive of 29 September 1970 8 on the common catalogue of varieties of agricultural species;  Whereas several of the abovementioned Directives provide that as from 1 July 1972, the equivalence of seeds and young plants harvested in third countries may no longer be determined by the Member States individually ; whereas, since it has not been possible in all cases to complete the examinations relating to the Community determination of equivalence, the abovementioned time-limit should be extended in order to avoid disturbing present trade relations;  Whereas the Directives on the marketing of seeds and young plants approve only products originating in Member States and satisfying the requirements of those Directives or products originating in third countries and recognized as equivalent to Community products;  Whereas it must also be possible to market products originating in countries acceding to the Community but do not put those Directives into effect immediately on entry, whereas it is therefore necessary to make appropriate provisions;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The date 1 July 1973 shall be substituted for the date 1 July 1972 in the second sentence of Article 16 (2) of the Directive of 14 June 1966 on the marketing of beet seed, in the second sentence of Article 16 (2) of the Directive of 14 June 1966 on the marketing of fodder plant seed, in the second sentence of Article 16 (2) of the Directive of 14 June 1966 on the marketing of cereal seed and in the second sentence of Article 15 (2) of the Directive of 14 June 1966 on the marketing of seed potatoes.  1OJ No L 87, 17.4.1971, p. 24. 2OJ No 125, 11.7.1966, p. 2290/66. 3OJ No 125, 11.7.1966, p. 2298/66. 4OJ No 125, 11.7.1966, p. 2309/66. 5OJ No 125, 11.7.1966, p. 2320/66. 6OJ No L 169, 10.7.1969, p. 3. 7OJ No L 225, 12.10.1970, p. 7. 8OJ No L 225, 12.10.1970, p. 1.    Article 2 The following paragraph shall be added to Article 16 of the Directive of 14 June 1966 on the marketing of beet seed, Article 16 of the Directive of 14 June 1966 on the marketing of fodder plant seed, Article 16 of the Directive of 14 June 1966 on the marketing of cereal seed, Article 15 of the Directive of 14 June 1966 on the marketing of seed potatoes, Article 15 of the Directive of 30 June 1969 on the marketing of seed of oil and fibre plants, Article 32 of the Directive of 29 September 1970 on the marketing of vegetable seed and Article 21 of the Directive of 29 September 1970 on the common catalogue of varieties of agricultural species:  "3. Paragraphs 1 and 2 shall also apply in respect of any new Member State from the date of its accession to the date on which it is to bring into force the laws, regulations or administrative provisions necessary to comply with this Directive."   Article 3 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with:    (a) the provisions of Article 1, with effect from 1 July 1972,       (b) the provisions of Article 2, not later than 1 January 1973.          Article 4 This Directive is addressed to the Member States.     Done at Brussels, 20 July 1972.  For the Council  The President  T. WESTERTERP


title: Commission Directive 2006/10/EC of  27 January 2006  amending Council Directive 91/414/EEC to include forchlorfenuron and indoxacarb as active substances   (Text with EEA relevance)

text:
               28.1.2006

               EN

               Official Journal of the European Union

               L 25/24

      COMMISSION DIRECTIVE 2006/10/EC
   of 27 January 2006
   amending Council Directive 91/414/EEC to include forchlorfenuron and indoxacarb as active substances
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               In accordance with Article 6(2) of Directive 91/414/EEC Spain received on 7 December 1998 an application from SKW Trostberg AG (on behalf of the Taskforce SKW Trosberg AG (Degussa AG) and Kyowa Hakko Kogyo Co.Ltd.) for the inclusion of the active substance forchlorfenuron in Annex I to Directive 91/414/EEC. Commission Decision 2000/181/EC (2) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (2)

               The Netherlands received an application under Article 6(2) of Directive 91/414/EEC on 6 October 1997 from DuPont de Nemours for the inclusion of the active substance indoxacarb in Annex I to Directive 91/414/EEC. Commission Decision 1998/398/EC (3) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (3)

               For those active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The designated rapporteur Member States submitted draft assessment reports concerning the substances to the Commission on 2 March 2001 (forchlorfenuron) and 7 February 2000 (indoxacarb).

               (4)

               The draft assessment reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 23 September 2005 in the format of the Commission review reports for forchlorfenuron and indoxacarb.

               (5)

               The review of forchlorfenuron did not reveal any open questions or concerns, which would have required a consultation of the Scientific Committee on Plants or of the European Food Safety Authority which has taken over the role of that Committee.

               (6)

               For indoxacarb, two questions were submitted to the Scientific Committee on Plants (SCP). The SCP was asked to comment on the NOEL (No observed effect level) for effects on red blood cells in rats and on the adequate basis for the derivation of an Acute Reference Dose (ARfD) for indoxacarb.
               In its opinion (4) the SCP stated that the changes observed in some Red Blood Cells parameters were generally slight and not accompanied by significant reticulocytosis, giving the overall picture of a mild haemolytic effect. While a clear NOEL could not be established, the SCP concluded on a dose up to which the effects observed are not adverse.
               The SCP furthermore replied that the general and non-specific signs of toxicity observed in the acute neurotoxicity study in rats can be used as a basis for the derivation of the ARfD.

               (7)

               The recommendations of the SCP were taken into account during the further review by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health, in this Directive and in the Review Report. This evaluation established the relevant endpoints (ARfD and Acceptable daily intake = ADI) on the basis of the exposure levels identified by the SCP.

               (8)

               It has appeared from the various examinations made that plant protection products containing the active substances concerned may be expected to satisfy, in general, the requirements laid down in Article 5(1) (a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include forchlorfenuron and indoxacarb in Annex I to that Directive, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances may be granted in accordance with the provisions of that Directive.

               (9)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing provisional authorisations of plant protection products containing forchlorfenuron or indoxacarb to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should transform existing provisional authorisations into full authorisations, amend them or withdraw them in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (10)

               The inclusion of forchlorfenuron in Annex I to Directive 91/414/EEC is based on a dossier covering the use of this active substance on kiwi fruits. Other uses are currently not adequately supported by data from the notifier and not all of the risks from such uses have shown to be adequately addressed under the criteria required by Annex VI to that Directive. If Member States are to grant authorisations for other uses, they should therefore require the data and information necessary to prove that the uses are compatible with the criteria in Directive 91/414/EEC, in particular concerning the effect on human consumers and the environment.

               (11)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (12)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish by 30 September 2006 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 and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 October 2006.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall 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
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing forchlorfenuron or indoxacarb as active substances by 30 September 2006. By that date, they shall in particular verify that the conditions in Annex I to that Directive relating to forchlorfenuron and indoxacarb, respectively, are met, with the exception of those identified in part B of the entry concerning those active substances, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing forchlorfenuron or indoxacarb as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 March 2006 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning forchlorfenuron and indoxacarb, respectively. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing forchlorfenuron or indoxacarb as the only active substance, where necessary, amend or withdraw the authorisation by 30 September 2007 at the latest; or

               (b)

               in the case of a product containing forchlorfenuron or indoxacarb as one of several active substances, where necessary, amend or withdraw the authorisation by 30 September 2007 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 4
   This Directive shall enter into force on 1 April 2006.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 27 January 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/6/EC (OJ L 12, 18.1.2006, p. 21).

      (2)  OJ L 57, 2.3.2000, p. 35.

      (3)  OJ L 176, 20.6.1998, p. 34.

      (4)  Opinion of the Scientific Committee on Plants on specific questions from the Commission concerning the evaluation of indoxacarb (SCP/Indoxa/002-Final); opinion adopted by the Scientific Committee on Plants on 18 July 2002).

      ANNEX
      In Annex I to Directive 91/414/EEC the following rows are added at the end of the table

                     No

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘119

                     Forchlorfenuron
                     CAS No 68157-60-8
                     CIPAC No 633

                     1-(2-chloro-4-pyridinyl)-3-phenylurea

                     ≥ 978 g/kg

                     1 April 2006

                     31 March 2016

                     PART A
                     Only uses as plant growth regulator may be authorised.
                     PART B
                     In assessing applications to authorise plant protection products containing forchlorfenuron for uses other than in kiwi plants, Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorization is granted.
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on forchlorfenuron, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 September 2005 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to the potential for groundwater contamination, when the active substance is applied in regions with vulnerable soil and/or climatic conditions.
                     Risk mitigation measures should be applied where appropriate.

                     120

                     Indoxacarb
                     CAS No 173584-44-6
                     CIPAC No 612

                     methyl (S)-N-[7-chloro-2,3,4a,5-tetrahydro-4a-(methoxycarbonyl)indeno[1,2-e][1,3,4]oxadiazin-2-ylcarbonyl]-4′-(trifluoromethoxy)carbanilate

                     TC (Technical Material): ≥ 628 g/kg indoxacarb

                     1 April 2006

                     31 March 2016

                     PART A
                     Only uses as insecticide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on indoxacarb, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 September 2005 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to the protection of aquatic organisms.
                     Conditions of use should include risk mitigation measures, where appropriate.’

         (1)  Further details on identity and specification of active substances are provided in the review report.


Avis juridique important

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31989L0220

Commission Directive 89/220/EEC of 7 March 1989 amending Council Directive 69/169/EEC on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel, to take account of the introduction of the combined nomenclature

Official Journal L 092 , 05/04/1989 P. 0015 - 0015 Finnish special edition: Chapter 9 Volume 2 P. 0013  Swedish special edition: Chapter 9 Volume 2 P. 0013

*****COMMISSION  DIRECTIVE  of 7 March 1989  amending Council Directive 69/169/EEC on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel, to take account of the introduction of the combined nomenclature  (89/220/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), as last amended by Regulation (EEC) No 20/89 (2), and in particular Article 15 thereof,  Whereas the classification of the goods listed in Article 5 (6) of Council Directive 69/169/EEC (3), as last amended by Directive 88/664/EEC (4), is based on the use of the nomenclature of the Customs Cooperation Council;  Whereas the Customs Cooperation Council approved the International Convention on the Harmonized Commodity Description and Coding System (hereinafter referred to as the 'HS'); whereas that Convention was approved by the Council by Decision 87/369/EEC (5) and has been applied since 1 January 1988; whereas a combined nomenclature has accordingly been established to give effect to the HS within the European Economic Community; whereas the reference in Article 5 (6) of Directive 69/169/EEC should therefore be to the said combined nomenclature;  Whereas adapting Directive 69/169/EEC to the combined nomenclature consequently involves a purely technical amendment which in no way alters the scope of the said Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 5 (6) of Directive 69/169/EEC the reference to heading Nos 71.07 and 71.08 of the Common Customs Tariff is hereby replaced by a reference to CN codes 7108 and 7109.  Article 2  Member States shall bring into force the measures necessary to comply with this Directive not later than 1 July 1989. They shall inform the Commission thereof immediately.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 7 March 1989.  For the Commission  Christiane SCRIVENER  Member of the Commission  (1) OJ No L 256, 7. 9. 1987, p. 1.  (2) OJ No L 4, 6. 1. 1989, p. 19.  (3) OJ No L 133, 4. 6. 1969, p. 6.  (4) OJ No L 382, 31. 12. 1988, p. 41.  (5) OJ No L 198, 20. 7. 1987, p. 1.


Avis juridique important

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31977L0311

Council Directive 77/311/EEC of 29 March 1977 on the approximation of the laws of the Member States relating to the driver-perceived noise level of wheeled agricultural or forestry tractors

Official Journal L 105 , 28/04/1977 P. 0001 - 0009 Finnish special edition: Chapter 13 Volume 7 P. 0016  Greek special edition: Chapter 13 Volume 6 P. 0022  Swedish special edition: Chapter 13 Volume 7 P. 0016  Spanish special edition: Chapter 13 Volume 7 P. 0026  Portuguese special edition Chapter 13 Volume 7 P. 0026

COUNCIL DIRECTIVE  of 29 March 1977  on the approximation of the laws of the Member States relating to the driver-perceived noise level of wheeled agricultural or forestry tractors  (77/311/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, in order to implement the procedure for EEC type-approval which was the subject of Council Directive 74/150/EEC 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 (3), provisions should be adopted to ensure safe working conditions and, in particular, the protection of the hearing of agricultural workers driving such tractors;  Whereas these provisions are particularly necessary as only in two Member States does the law lay down detailed provisions concerning the driver-perceived noise level of the abovementioned tractors;  Whereas the disparities in the abovementioned national laws are likely to hinder trade within the Community and thus impede the establishment and the functioning of the common market,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. For the purposes of this Directive, "agricultural or forestry tractor" means any motor vehicle, fitted with wheels or endless 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 paragraph 1 which are fitted with pneumatic tyres and have two axles and a maximum design speed of between 6 and 25 km/h.  (1)OJ No C 127, 18.10.1974, p. 34. (2)OJ No C 125, 16.10.1974, p. 30. (3)OJ No L 84, 28.3.1974, p. 10.    Article 2 1. No Member State may refuse to grant EEC type-approval or national type-approval or prohibit the sale, registration or entry into service of any tractor on grounds relating to the driver-perceived noise level if this level is within the following limits:  90 dB (A) in accordance with Annex I, or  86 dB (A) in accordance with Annex II.  For a transitional period expiring on a date to be fixed before 1 October 1981 in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC, the above limits for tests in accordance with 3.2.1.1 of Annex I and 3.2.2.1 of Annex II shall be increased by 6 dB (A).  2. For a transitional period expiring on a date to be fixed before 1 October 1981 in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC, Member States may authorize the national type-approval, sale, registration or entry into service of tractors without cab if their noise level is within the following limits:  96 dB (A) in accordance with Annex I, or  92 dB (A) in accordance with Annex II.   Article 3 For the purposes of this Directive, "cab" means any structure built of rigid components, transparent or not, which totally encloses the driver and isolates him from the outside, and is capable of being kept permanently closed during service.   Article 4 Member States shall take all necessary measures to ensure that in both the sales presentation and advertising there is nothing to suggest that the tractors have features regarding the driver-perceived noise level which they do not in fact possess.   Article 5 Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.   Article 6 1. Member States shall bring into force the provisions necessary 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 7 This Directive is addressed to the Member States.     Done at Brussels, 29 March 1977.  For the Council  The President  G. KAUFMAN     ANNEX I APPARATUS, CONDITIONS AND METHOD OF MEASUREMENT     1. UNIT OF MEASUREMENT AND MEASURING APPARATUS      1.1. Unit of measurement  Noise level shall be measured in dB with A-weighting, expressed as dB (A).           1.2. Measuring apparatus  Driver-perceived noise level shall be measured by means of a sound-level meter as described in the first edition of Publication 179/1965 of the International Electrotechnical Commission.  In the case of variable readings, the average of the maximum values must be taken.       2. CONDITIONS OF MEASUREMENT  Measurements shall be made under the following conditions:      2.1. the tractor must be unladen, i.e. without optional accessories, but must include coolant, lubricant, full fuel tank, tools and driver. The latter may not wear any abnormally thick clothing, scarf or hat. There may be no object on the tractor likely to distort the noise level;           2.2. the tyres must be inflated to the pressure recommended by the tractor manufacturer, the engine, transmission and drive axles must be at normal running temperature and radiator blinds when fitted must be kept open during measurements;           2.3. if it is liable to affect the noise level, extra equipment powered by the engine or self-powered such as windscreen wipers, warm air fan or power take-off, for example, may not be in operation when measurements are being made ; parts which normally operate at the same time as the engine, such as the engine cooling fan, for example, must be in operation when measurements are being made;           2.4. the test area must be in an open and sufficiently silent location ; it may take the form, for instance, of an open space of 50-metre radius, having a central part with a radius of at least 20 m which is practically level, or of a level section having a solid track with as flat a surface and as few gullies as possible. The track must be as clean and dry as possible (e.g. free of gravel, leaves, snow, etc.). Slopes and irregularities are acceptable only if the variations in noise level caused by them lie within the error tolerances of the measuring equipment;           2.5. the surface of the track must be such as not to cause excessive tyre noise;           2.6. the weather must be fine and dry with little or no wind. The driver-perceived ambient noise level due to the wind or other sources of noise must be at least 10 dB (A) below the noise level of the tractor;           2.7. if a vehicle is used for measurements, it must be towed or driven at sufficient distance from the tractor to avoid all interference. During measurements no object interfering with the measurements or reflective surfaces may be located within 20 m of each side of the test track and less than 20 m to the front or rear of the tractor. This condition can be considered fulfilled if the variations in noise level thus caused remain within the error tolerances ; if not, the measurements must be discontinued for the duration of the interference;            2.8. all measurements in a given series must be carried out on the same track.                  3. METHOD OF MEASUREMENT      3.1. The microphone must be located 250 mm to the side of the centre plane of the seat, the side being that on which the higher noise level is encountered.  The microphone diaphragm must face forward and the centre of the microphone must be 790 mm above and 150 mm forward of the seat reference point described in Annex III. Excessive vibration of the microphone must be avoided.           3.2. The maximum noise level in dB (A) shall be determined as follows:        3.2.1. all openings (e.g. doors, windows) in tractors having a closed series-produced cab structure must be closed during an initial series of measurements.          3.2.1.1. During a second series of measurements they must be left open, provided that when open they do not create a road safety hazard, but fold-down or fold-up windscreens must remain closed;                                  3.2.2. noise must be measured using slow sound-level meter response at the load corresponding to the maximum noise in the gear giving the forward speed nearest to 7 725 km/h.  The governor control lever must be fully open. Starting with no load, the load applied must be increased until the maximum noise level is found. After each increase of load, time must be allowed for the noise level to stabilize before making the measurement;               3.2.3. noise must be measured using slow sound-level meter response at the load corresponding to the maximum noise in any gear other than that referred to in 3.2.2 in which the noise level recorded is at least 1 dB (A) above that recorded in the gear referred to in 3.2.2.  The governor control lever must be fully open. Starting with no load, the load applied must be increased until the maximum noise level is found. After each increase of load, time must be allowed for the noise level to stabilize before making the measurement;               3.2.4. noise must be measured at the maximum design speed of the unladen tractor.                          3.3. The test report shall include noise-level measurements carried out under the following conditions:        3.3.1. in the gear giving the speed nearest to 7 725 km/h;               3.3.2. in any gear, if the conditions described in 3.2.3 are fulfilled;               3.3.3. at maximum design speed.                                 4. ASSESSMENT CRITERIA  The measurements described in 3.2.1, 3.2.2, 3.2.3 and 3.2.4 may not exceed the values laid down in Article 2.        ANNEX II APPARATUS, CONDITIONS AND METHOD OF MEASUREMENT     1. UNIT OF MEASUREMENT AND MEASURING APPARATUS      1.1. Unit of measurement  Noise level shall be measured in dB with A-weighting, expressed as dB (A).           1.2. Measuring apparatus  Driver-perceived noise level shall be measured by means of a sound-level meter as described in the first edition of publication 179/1965 of the International Electrotechnical Commission.  In the case of variable readings, the average of the maximum values must be taken.     2. CONDITIONS OF MEASUREMENT  Measurements shall be made under the following conditions:      2.1. the tractor must be unladen, i.e. without optional accessories, but must include coolant, lubricant, full fuel tank, tools and driver. The latter may not wear any abnormally thick clothing, scarf or hat. There may be no object on the tractor likely to distort the noise level;           2.2. the tyres must be inflated to the pressure recommended by the tractor manufacturer, the engine, transmission and drive axles must be at normal running temperature and, if the engine has cooling louvres, these must remain completely open;           2.3. if it is liable to affect the noise level, extra equipment powered by the engine or self-powered such as windscreen wipers, warm air fan or power take-off, for example, may not be in operation when measurements are being made ; parts which normally operate at the same time as the engine, such as the engine cooling fan, for example, must be in operation when measurements are being made;           2.4. the test area must be in an open and sufficiently silent location : it may take the form, for instance, of an open space of 50-metre radius, having a central part with a radius of at least 20 m which is practically level, or of a level section having a solid track with as flat a surface and as few gullies as possible. The track must be as clean and dry as possible (e.g. free of gravel, leaves, snow, etc.). Slopes and irregularities are acceptable only if the variations in noise level caused by them lie within the error tolerances of the measuring equipment;           2.5. the surface of the track must be such as not to cause excessive tyre noise;           2.6. the weather must be fine and dry with little or no wind.  The driver-perceived ambient noise level due to the wind or other sources of noise must be at least 10 dB (A) below the noise level of the tractor;           2.7. if a vehicle is used for measurements, it must be towed or driven at sufficient distance from the tractor to avoid all interference. During measurements no object interfering with the measurements or reflective surfaces may be located within 20 m of each side of the test track and less than 20 m to the front or rear of the tractor. This condition can be considered  fulfilled if the variations in noise level thus caused remain within the error tolerances ; if not, the measurements must be discontinued for the duration of the interference;           2.8. all measurements in a given series must be carried out on the same track.                  3. METHOD OF MEASUREMENT      3.1. The microphone must be located 250 mm to the side of the central plane of the seat, the side being that on which the higher noise level is encountered.  The microphone diaphragm must face forward and the centre of the microphone shall be 790 mm above and 150 mm forward of the seat reference point described in Annex III. Excessive vibration of the microphone must be avoided.           3.2. Noise level shall be determined as follows:        3.2.1. the tractor must travel along the section at the same test speed at least three times for at least 10 seconds;               3.2.2. all openings (e.g. doors, windows) in tractors having a closed series-produced cab structure must be closed during an initial series of measurements.      3.2.2.1. During a second series of measurements they must be left open, provided that when open they do not create a road safety hazard, but fold-down or fold-up windscreens must remain closed;            3.2.3. 3.2.3. noise must be measured at the maximum rpm using slow sound-level meter response i.e. in the gear giving the speed nearest to 7 725 km/h at the rated rpm. The tractor must be unladen when measurements are being made.                 4. ASSESSMENT CRITERIA  The measurements described in 3.2.2 and 3.2.3 may not exceed the values laid down in Article 2.   ANNEX III DETERMINATION OF SEAT REFERENCE POINT     1. DEFINITION      1.1. The seat reference point (S) shall be the point in the central longitudinal plane of the seat where the tangential plane of the lower backrest and a horizontal plane intersect. This horizontal plane cuts the lower surface of the seat-pan board 150 mm in front of the seat reference point.                  2. DETERMINATION OF SEAT REFERENCE POINT      2.1. The reference point shall be obtained using the device illustrated in figures 1 and 2 of the Appendix to this Annex, which makes it possible to simulate loading by a human occupant.           2.2. The seat must be set at the mid point of the range allowed for vertical adjustment, this adjustment being independent of the horizontal adjustment. For purposes of determining the microphone location referred to in section 3 of Annexes I and II, the seat must be at or as near as possible to the mid point of the horizontal adjustment range.                  3. DESCRIPTION OF THE DEVICE      3.1. The device referred to in 2.1 shall consist of a seat-pan board and two backrest boards.           3.2. The lower backrest board shall be jointed in the region of the ischium humps (A) and loin (B), the joint (B) being adjustable in height (see figure 2).                  4. SETTING UP THE DEVICE  The device shall be set up as follows:     4.1. the device shall be positioned on the seat;       4.2. it shall then be loaded with a force of 550 N at a point 50 mm in front of joint (A), and the two backrest boards shall be lightly pressed tangentially against the backrest;       4.3. if it is not possible to determine a definite tangent to the lower area of the backrest, the lower backrest board in vertical position must be lightly pressed against the backrest;       4.4. in the case of seats with a suspension adjustable to the driver's weight, the suspension shall be set so that the seat is at a point equidistant from its two extreme positions.           APPENDIX >PIC FILE= "T0010799">   >PIC FILE= "T0010800">