Avis juridique important

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31982L0244

Commission Directive 82/244/EEC of 17 March 1982 adapting to technical progress Council Directive 76/756/EEC on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers

Official Journal L 109 , 22/04/1982 P. 0031 - 0042 Finnish special edition: Chapter 13 Volume 12 P. 0005  Spanish special edition: Chapter 13 Volume 12 P. 0148  Swedish special edition: Chapter 13 Volume 12 P. 0005  Portuguese special edition Chapter 13 Volume 12 P. 0148

COMMISSION DIRECTIVE of 17 March 1982 adapting to technical progress Council Directive 76/756/EEC on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (82/244/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 80/1267/EEC (2) and by the Act of Accession of Greece, and in particular Article 11 thereof,  Having regard to Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (3), as amended by Commission Directive 80/233/EEC (4), and in particular Article 4 thereof,  Whereas, in the light of experience gained and in view of technical progress, it is now possible not only to supplement certain requirements and bring them more into line with actual test conditions, but also to render them more stringent with a view to increasing the safety of both the occupants of the vehicles and other road users;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of Directives on the Removal of Technical Barriers to Trade in the Motor Vehicles Sector,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Annexes I and II to Directive 76/756/EEC are hereby amended as set out in the Annex to this Directive.   Article 2 1. With effect from 1 October 1982, no Member State may, on grounds relating to the installation of the lighting and light-signalling devices, whether mandatory or optional, listed in Items 1.5.7 to 1.5.20 of Annex I to Directive 76/756/EEC:  - refuse, in respect of a type of vehicle, to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or   - prohibit the entry into service of vehicles,     if the installation of the said lighting and light-signalling devices on this type of vehicle or on these vehicles complies with the provisions of this Directive.  2. With effect from 1 January 1983, Member States:  - shall no longer issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle in which the installation of the said lighting and light-signalling devices does not comply with the provisions of this Directive,   - may refuse to grant national type-approval in respect of a type of vehicle in which the installation of the said lighting and light-signalling devices does not comply with the provisions of this Directive.  (1) OJ No L 42, 23.2.1970, p. 1. (2) OJ No L 375, 31.12.1980, p. 34. (3) OJ No L 262, 27.9.1976, p. 1. (4) OJ No L 51, 25.2.1980, p. 8.      3. With effect from 1 October 1984, Member States may prohibit the entry into service of vehicles in respect of which a certificate pursuant to Article 10 of Directive 70/156/EEC concerning the installation of the said lighting and light-signalling devices was issued after 1 October 1979, where the installation of these devices does not comply with the provisions of this Directive.   Article 3 Member States shall bring into force the provisions necessary in order to comply with this Directive not later than 1 October 1982 and shall forthwith inform the Commission thereof.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 17 March 1982.  For the Commission  Karl-Heinz NARJES  Member of the Commission     ANNEX Amendments to the Annex to Directive 76/756/EEC  ANNEX I : INSTALLATION OF LIGHTING AND LIGHT-SIGNALLING DEVICES Item 1.1 is hereby amended as follows:  "1.1. Vehicle type with regard to the installation of lighting and light-signalling devices  Vehicle type with regard to the installation of lighting and light-signalling devices means vehicles which do not differ in the essential respects mentioned in Items 1.1.1-1.1.4.  The following are likewise considered not to be "vehicles of a different type" : vehicles which differ within the meaning of Items 1.1.1-1.1.4, but not in such a way as to entail a change in the type, number, positioning and geometric visibility of the lamps and the inclination of the dipped beam prescribed for the vehicle type in question, and vehicles on which optional lamps are fitted or are absent."  After Item 1.1.2, the following new Items 1.1.3 and 1.1.4 shall be added:  "1.1.3. the headlamp levelling system.  1.1.4. the suspension system"  Item 1.10.4 is hereby amended as follows:  "1.10.4. of side direction indicator lamps, end-outline marker lamps, front and rear position (side) lamps, parking lamps and reflex reflectors"  Item 2.2.4 is hereby amended as follows:  "2.2.4. Lay out drawing(s) for each individual lamp showing the illuminating surfaces as defined in Item 1.6, the axis of reference as defined in Item 1.7 and the centre of reference as defined in Item 1.8.  This information is not necessary in the case of the rear registration plate lamp (Item 1.5.14)."  Item 4.2.6.1 is hereby amended as follows:  "4.2.6.1. After adjustment of the initial inclination, the vertical inclination of the dipped beam shall be measured in static conditions under all the loading conditions defined in Appendix 1. It shall remain between - 0 75 and - 2 75 % without manual adjustment. Initial adjustment shall be between - 1 and - 1 75 % in the "unladen vehicle" state with one person in the driving seat. The initial adjustments for each type of vehicle must be specified by the manufacturer and must be indicated in a clearly legible and indelible manner on each vehicle close to either the headlamp or the manufacturer's plate by the symbol shown in Appendix 6."  Item 4.2.6.2.2 is hereby amended as follows:  "4.2.6.2.2. Devices which are adjusted manually, either continuously or non-continuously, shall nevertheless be permitted, provided they have a stop position at which the lamps can be returned to the initial inclination defined in Item 4.2.6.1 by means of the usual adjusting screws. These manually adjustable devices must be operable from the driving seat. Continually adjustable devices must have reference marks indicating the loading conditions that require adjustment of the dipped beam.  The number of positions on devices which are not continuously adjustable must be such as to ensure compliance, starting from an initial inclination of between - 1 and 1 75 % ; with the range of values between - 0 75 and - 2 75 % for the loading conditions defined in Appendix 1. For these devices also, the loading conditions that require adjustment of the dipped beam shall be clearly marked near the control of the device (see Appendix 7)."  After Item 4.2.6.2.2, add:  "4.2.6.2.3. The measurement of the variation of dipped beam inclination as a function of load must be carried out in accordance with the test procedure set out in Appendix 5."  Item 4.4.1. is hereby amended as follows:  "4.4.1. Presence  Mandatory on motor vehicles  Optional on trailers."  Item 4.5.4.1 is hereby amended as follows:  "4.5.4.1. Width  The edge of the illuminating surface furthest from the median longitudinal plane of the vehicle must not be more than 400 mm from the extreme outer edge of the vehicle.  The distance between the inner edges of the two illuminating surfaces shall not be less than 600 mm. Where the vertical distance between the rear direction indicator lamp and the corresponding rear position (side) lamp is not more than 300 mm, the distance between the extreme outer edge of the vehicle and the outer edge of the illuminating surface of the rear direction indicator lamp must not exceed, by more than 50 mm the distance between the extreme outer edge of the vehicle and the outer edge of the illuminating surface of the corresponding rear position (side) lamp."  Item 4.5.5 is hereby amended as follows:  "4.5.5. Geometric visibility  Horizontal angles : see Appendix 4.  Vertical angles : 15º above and below the horizontal. The vertical angle below the horizontal may be reduced to 5º if the lamps are less than 750 mm above the ground."  Item 4.5.12 is hereby amended as follows:  "4.5.12. Other requirements  The light shall be a flashing light, flashing 90 ± 30 times per minute.  Operation of the light signal control shall be followed within not more than one second by the emission of light and within not more than one and one half seconds by its first extinction. If a motor vehicle is equipped to draw a trailer, the control of the direction indicator lamps on the drawing vehicle shall also be capable of operating the indicator lamps on the trailer.  In the event of the failure of one direction indicator lamp, which is not due to a short circuit, the others must continue to flash but, under these conditions, the frequency may be different from that specified.  For front direction indicator lamps, the illuminating surface must be not less than 40 mm from the illuminating surface of the dipped-beam headlamps or front fog lamps if any. A smaller distance is permitted if the luminous intensity in the reference axis of the direction indicator lamp is not less than 400 cd."  Item 4.7.8 is hereby amended as follows:  "4.7.8. Must not be "combined" with another lamp, unless the rear position lamp is reciprocally incorporated with the stop lamp and combined with the rear registration plate lamp."  Item 4.7.10. is hereby amended as follows:  "4.7.10. Electrical connections  Must light up when the service brake is applied. The stop lamps need not function if the device which starts and/or stops the engine is in a position which makes it impossible for the engine to operate."  Item 4.7.12 shall be deleted.  After Item 4.8.8, add the following new Item 4.8.8.1:  "4.8.8.1. When the rear position lamps are reciprocally incorporated with the stop lamps, the photometric characteristics of the rear registration plate lamp may be modified during the illumination of the stop lamps."  Item 4.8.10 is hereby amended as follows:  "4.8.10. Electrical connections  No individual specifications."  Item 4.8.11 is hereby amended as follows:  "4.8.11. Tell-tale  Tell-tale optional. If it exists, its function must be carried out by the tell-tale required for the front and rear position (side) lamps."  Item 4.9.11 is hereby amended as follows:  "4.9.11. Tell-tale  Circuit-closed tell-tale mandatory. This tell-tale shall be non-flashing and shall not be required if the instrument panel lighting can only be turned on simultaneously with the front position (side) lamps."  Item 4.10.11 is hereby amended as follows:  "4.10.11. Tell-tale  Circuit-closed tell-tale mandatory. It must be combined with that of the front position (side) lamps."  Item 4.11.4.1 is hereby amended as follows:  "4.11.4.1. Width:  If there is only one rear fog lamp, it must be on the opposite side of the median longitudinal plane of the vehicle to the direction of traffic prescribed in the country of registration ; the centre of reference may also be situated on the median longitudinal plane of the vehicle."  Item 4.11.10 is hereby amended as follows:  "4.11.10. Electrical connections  These must be such that the rear fog lamp can operate only when the dipped beam or main beam headlamps or the front fog lamps or a combination of these are switched on. They must be such that when the rear fog lamp is switched on it is capable of operating together with the main beam, the dipped beam and the front fog lamps.  When the rear fog lamp is switched on, operating the main-beam or dipped-beam control shall not extinguish the rear fog lamp.  If the front fog lamps exists, the extinguishing of the rear fog lamp must be possible independently from that of the front fog lamps."  Item 4.11.11. is hereby amended as follows:  "4.11.11. Tell-tale  Circuit-closed tell-tale mandatory. An independant non-flashing warning light."  After Item 4.11.11 add:  "4.11.12. Other requirements  In all cases, the distance between the rear fog lamp and each stop lamp must be greater than 100 mm."  Item 4.12.10 is hereby amended as follows:  "4.12.10. Electrical connections  The connection must allow the parking lamp(s) on the same side of the vehicle to be lit independently of any other lamps.  The parking lamp(s) must be able to function even if the device which starts and/or stops the engine is in a position which makes it impossible for the engine to operate."  Item 4.12.11 is hereby amended as follows:  "4.12.11. Tell-tale  Circuit-closed tell-tale optional. If there is one, it must not be possible to confuse it with the tell-tale for the front and rear position (side) lamps."  Item 4.13.7 is hereby amended as follows:  "4.13.7. May be "grouped" with other lamps."  Item 4.13.11 is hereby amended as follows:  "4.13.11. Tell-tale  Tell-tale optional. If it exists, its function shall be carried out by the tell-tale required for the front and rear position (side) lamps."  Item 4.14.4.3 is hereby amended as follows:  "4.14.4.3. Length  At rear of vehicle."  Item 4.15.4.3 is hereby amended as follows:  "4.15.4.3. Length  At rear of vehicle."  Item 4.16.4.3 is hereby amended as follows:  "4.16.4.3. Length  At front of vehicle."  Item 4.16.5 is hereby amended as follows:  "4.16.5. Geometric visibility  Horizontal angle : 30º inwards and outwards.  If, on account of adjustable drawbars, it is not possible to satisfy the inward angle requirement of 30º, it may be reduced to 10º.  Vertical angle : 15º above and below the horizontal. The vertical angle below the horizontal may be reduced to 5º in the case of a reflex reflector, less than 750 mm above the ground."  Item 4.17.4.3 is hereby amended as follows:  "4.17.4.3. Length  At least one reflex reflector must be fitted to the middle third of the vehicle, the foremost reflex reflector being not further that 3 m from the front, in the case of trailers, account shall be taken of the length of the drawbar for the measurement of this distance.  The distance between two adjacent reflex reflectors shall not exceed 3 m.  The distance between the rearmost reflex reflector and the rear of the vehicle shall not exceed 1 m.  However, for M1 category vehicles, it is sufficient to have one reflex reflector fitted within the first third and one within the last third of the vehicle length."   After Appendix 4, the following new Appendices 5, 6 and 7 shall be added:   "Appendix 5  Measurement of the variation of dipped beam inclination as a function of load  1. SCOPE  This Appendix specifies a method for measuring variations in motor vehicle dipped beam inclination, in relation to its initial inclination, caused by changes in vehicle attitude due to loading.   2. DEFINITIONS  2.1. Initial inclination  2.1.1. Stated initial inclination:  the value of the dipped beam initial inclination specified by the motor vehicle manufacturer serving as a reference value for the calculation of permissible variations.   2.1.2. Measured initial inclination:  the mean value of dipped beam inclination or vehicle inclination measured with the vehicle in condition No 1, as defined in Appendix 1, for the category of vehicle under test. It serves as a reference value for the assessment of variations in beam inclination as the load varies.      2.2. Dipped-beam inclination may be defined:  - either as the angle, expressed in milliradians, between the direction of the beam towards a characteristic point on the horizontal part of the cut-off in the luminous distribution of the headlamp and the horizontal plane,   - or by the tangent of that angle, expressed in percentage inclination, since the angles are small (for these small angles, 1 % is equal to 10 mrad).     If the inclination is expressed in percentage inclination, it can be calculated by means of the following formula: >PIC FILE= "T0021469">    where:  h1 is the height above the ground, in millimetres, of the abovementioned characteristic point, measured on a vertical screen perpendicular to the vehicle longitudinal median plane, placed at a horizontal distance 1;  h2 is the height above the ground, in millimetres, of the centre of reference (which is taken to be the nominal origin of the characteristic point chosen in h1);  l is the distance, in millimetres, from the screen to the centre of reference.  Negative values denote downward inclination (see Figure 1).  Positive values denote upward inclination. >PIC FILE= "T0021470">   Notes:  1. This drawing represents a category M1 vehicle, but the principle shown applies equally to vehicles of other categories.   2. Where the vehicle does not incorporate a headlamp levelling system, the variation in dipped beam inclination is identical with the variation in the inclination of the vehicle itself.       3.  MEASUREMENT CONDITIONS  3.1. If a visual inspection of the dipped beam pattern on the screen or a photometric method is used, measurement shall be carried out in a dark environment (for example, a dark room) of sufficient area to allow the vehicle and the screen to be placed as shown in Figure 1. Headlamp centres of reference shall be at a distance l from the screen of at least 10 m.   3.2. The ground on which measurements are made shall be as flat and horizontal as possible, so that the reproducibility of measurements of dipped beam inclination can be assured with an accuracy of ± 0 75 mrad (± 0 705 % inclination).   3.3. If a screen is used, its marking, position and orientation in relation to the ground and to the median longitudinal plane of the vehicle, shall be such that the reproducibility of the measurement of the dipped beam inclination can be assured with an accuracy of + 0 75 mrad (± 0 705 % inclination).   3.4. During measurements, the ambient temperature shall be between 10 and 30 ºC.       4.  VEHICLE PREPARATION  4.1. Measurements shall be carried out on a vehicle which has travelled a distance of between 1 000 and 10 000 km, preferably 5 000 km.   4.2. Tyres shall be inflated to the full-load pressure specified by the vehicle manufacturer. The vehicle shall be fully replenished (fuel, water, oil) and equipped with all the accessories  and tools specified by the manufacturer. Full fuel replenishment means that the fuel tank must be filled to not less than 90 % of its capacity as indicated in the information document, a model of which appears in Annex I to Directive 70/156/EEC.   4.3. The vehicle shall have the parking brake released and the gearbox in neutral.   4.4. The vehicle shall be conditioned for at least 8 h at the temperature specified in Item 3.4.   4.5. If a photometric or visual method is used, headlamps with a well-defined dipped beam cut-off should preferably be installed on the vehicle under test in order to facilitate the measurements.  Other methods may be employed to obtain a more precise reading (for exemple, removal of the headlamp lens).       5  TEST PROCEDURE  5.1. General  The variations in either dipped beam or vehicle inclination, depending on the method chosen, shall be measured separately for each side of the vehicle. The results obtained from both left and right headlamps under all the load conditions specified in Appendix 1, shall be within the limits set out in Item 5.5. The load shall be applied gradually without subjecting the vehicle to excessive shocks.   5.2. Determination of the measured initial inclination  The vehicle shall be prepared as specified in Item 4 and laden as specified in Appendix 1 (first loading condition of the respective vehicle category).  Before each measurement, the vehicle shall be rocked as specified in Item 5.4.  Measurements shall be made three times.  5.2.1. If none of the three measured results differs by more than 2 mrad (0 72 % inclination) from the arithmetic mean of the results, that mean shall constitute the final result.   5.2.2. If any measurement differs from the arithmetic mean of the results by more than 2 mrad (0 72 % inclination), a further series of 10 measurements shall be made, the arithmetic mean of which shall constitute the final result.      5.3. Measurement methods  Any method may be used to measure variations of inclination provided that the readings are accurate to within ± 0 72 mrad (± 0 702 % inclination).   5.4. Treatment of vehicle in each loading condition  The vehicle suspension and any other part likely to affect dipped beam inclination shall be activated according to the methods described below.  However, the technical authorities and manufacturers may jointly propose other methods (either experimental or based upon calculations), especially when the test poses particular problems, provided such calculations are clearly valid.  5.4.1. M1 category vehicles with conventional suspension  With the vehicle standing on the measuring site and, if necessary, with the wheels resting on floating platforms (which must be used if their absence would lead to restriction of the suspension movement likely to affect the results of measurements), rock the vehicle continuously for at least three complete cycles ; for each cycle, first the rear and than the front end of the vehicle is pushed down.   The rocking sequence shall end with the completion of a cycle. Before making the measurements, the vehicle shall be allowed to come to rest spontaneously. Instead of using floating platforms, the same effect can be achieved by moving the vehicle backwards and forwards for at least a complete wheel revolution.   5.4.2. M2, M3 and N category vehicles with conventional suspension  5.4.2.1. If the treatment method for category M1 vehicles described in Item 5.4.1 is not possible, the method described in Item 5.4.2.2 or 5.4.2.3 may be used.   5.4.2.2. With the vehicle standing on the measuring site and the wheels on the ground, rock the body by temporarily varying the load.   5.4.2.3. With the vehicle standing on the measuring site and the wheels on the ground, activate the vehicle suspension and all other parts which may affect the dipped beam inclination by using a vibration rig. This can be a vibrating platform on which the wheels rest.      5.4.3. Vehicles with non-conventional suspension, where the engine has to be running  Before making any measurement wait until the vehicle has assumed its final attitude with the engine running.      5.5. Measurements  The variation of the inclination of the dipped beam shall be assessed for each of the different loading conditions in relation to the measured initial inclination determined in accordance with Item 5.2.  If the vehicle is fitted with a manual headlamp-levelling system, the latter shall be adjusted to the positions specified by the manufacturer for given loading conditions (according to Appendix 1).  5.5.1. To begin with, a single measurement shall be made in each loading condition. Requirements have been met if, for all the loading conditions, the variation in inclination is within the calculated limits (for example, within the difference between the stated initial inclination and the lower and upper limits specified for approval) with a tolerance of 4 mrad (0 74 % inclination).   5.5.2. If the result(s) of any measurement(s) does (do) not lie within the tolerance indicated in Item 5.5.1 or exceed(s) the limit values, a further three measurements shall be made in the loading conditions corresponding to this (these) result(s) as specified in Item 5.5.3.   5.5.3. For each of the above loading conditions:  5.5.3.1. If none of the three measured results differs by more than 2 mrad (0 72 % inclination) from the arithmetic mean of the results, that mean shall constitute the final result.   5.5.3.2. If any measurement differs from the arithmetic mean of the results by more than 2 mrad (0 72 % inclination), a further series of ten measurements shall be made, the arithmetic mean of which shall constitute the final result.   5.5.3.3. If a vehicle is fitted with an automatic headlamp-levelling system which has an inherent hysteresis loop, average results at the top and bottom of the hysteresis loop shall be taken as significant values.  All these measurements shall be made in accordance with Items 5.5.3.1 and 5.5.3.2.      5.5.4. Requirements have been met, if, under all loading conditions, the variation between the measured initial inclination determined in accordance with Item 5.2 and the inclination measured under each loading condition is less than the values calculated in Item 5.5.1 (without safety margin).   5.5.5. If only one of the calculated upper or lower limits of variation is exceeded, the manufacturer shall be permitted to choose a different value for the stated initial inclination, within the limits specified for approval."      "Appendix 6  Indication of the stated initial adjustment referred to in Item 4.2.6.1 of Annex I  Example >PIC FILE= "T0021471">   The size of the symbol and characters is left to the discretion of the manufacturer."    "Appendix 7  The controls for the headlamp-levelling devices referred to in Items 4.2.6.2.2 of Annex I   1. SPECIFICATIONS  1.1. Downward inclination of the dipped beam must in all cases be produced in one of the following ways:  (a) by moving a control downwards or to the left;   (b) by rotating a control in a counterclockwise direction;   (c) by depressing a button (push-pull control).     If several buttons are used to adjust the beam, the button which gives the greatest downward inclination must be installed to the left or below the button(s) for other dipped beam positions.  A rotary control which is installed edge-on, or with only the edge visible, should follow the operating principles of controls of types (a) or (c).  1.1.1. This control must carry symbols indicating clearly the movements corresponding to the downward and upward inclination of the dipped beam.      1.2. The "0" position corresponds to the initial alignment according to Item 4.2.6.1 of Annex I.   1.3. The "0" position which, according to Item 4.2.6.2.2 of Annex I, has to be a "stop position", need not necessarily be at the end of the scale.   1.4. The marks used on the control must be explained in the owner's handbook.    1.5. Only the following symbols may be used to identify the controls: >PIC FILE= "T0021472">   Standard symbol for dipped beam headlamp according to Figure 3 of Annex II to Directive 78/316/EEC, showing the arrows which correspond to the direction of the dipped beam adjustment.      2. EXAMPLES >PIC FILE= "T0021473">       ANNEX II After Item 5.2 add the following new Item:  "5.2.1. Headlamp levelling device : yes/no (*)".


Avis juridique important

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31994L0003

Commission Directive 94/3/EC of 21 January 1994 establishing a procedure for the notification of interception of a consignment or a harmful organism from third countries and presenting an imminent phytosanitary danger

Official Journal L 032 , 05/02/1994 P. 0037 - 0040 Finnish special edition: Chapter 3 Volume 56 P. 0025  Swedish special edition: Chapter 3 Volume 56 P. 0025

COMMISSION DIRECTIVE 94/3/EC of 21 January 1994 establishing a procedure for the notification of interception of a consignment or a harmful organism from third countries and presenting an imminent phytosanitary dangerTHE COMMISSION OF  THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended  by Commission Directive 93/110/EEC (2), and in particular Article 15 (4) thereof,  Whereas in the case of consignments of plants, plant products or other objects, or of isolated harmful organisms, from third countries, whether or not listed in Part B of Annex V to Directive 77/93/EEC, which are considered to involve an imminent danger  of the introduction or spread of the harmful organisms, whether or not listed in Annexes I and II thereto, the Member State concerned shall inform the Commission and the other Member States of the measures taken to protect the territory of the Community  from that danger;  Whereas that information should, on the one hand, assist the Commission in evaluating the scope of the interception and the resulting dangers and, where appropriate, in preparing as fast as possible any measures of protection or eradication in  cooperation with the Member State concerned and, on the other hand, help the other Member States to face this danger;  Whereas for that purpose the Commission should establish a network for the notification of new occurrences of harmful organisms in accordance with the first indent of Article 19a (6) of the said Directive;  Whereas it is important that all relevant points of entry into the Community, potentially affected by an interception, as well as the Commission itself, shall immediately be informed of every interception at a point of entry into the Community, of a  consignment of plants, plant products or other objects capable of presenting an imminent danger of introducing or spreading harmful organisms;  Whereas the role of the single central authority of each Member State is to coordinate matters relating to plant health under Directive 77/93/EEC;  Whereas such coordination includes the task of dispatching the notifications of interception between Member States as well as to all relevant points of entry within the territory of the Member State concerned which might be affected by an interception;   Whereas it is appropriate to establish a standard Community printed form for notification of interception, to be used by the relevant departments of the Member Sates;  Whereas the effective operation of the system requires the establishment of an information network for the use and processing of the information contained in those forms;  Whereas management of the system does not preclude use of part of the information contained in notification of interception forms for the purposes of the Convention for the Establishment of the European and Mediterranean Plant Protection Organization,  signed in Paris on 18 April 1951, as last amended on 21 September 1988;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:   Article 1  For the purpose of this Directive, 'interception' shall mean any action taken or to be taken by a Member State pursuant to Article 12 (8) of Directive 77/93/EEC in respect of all or part of a consignment from a third country of plants, plant  products or other objects, or of an organism harmful to plants or plant products, which does not meet the provisions of that Directive.   Article 2  1. Member States shall ensure that in the event of an interception, notification of interception is sent no later than two working days after the date of interception, except where a breach of Article 12 (1) (b) of Directive 77/93/EEC is  committed, and preferably more rapidly in the case of an interception having involved a refusal, except where this is only a breach of Article 12 (1) (b) of that Directive, to the following:  - their own single central authority having responsibility,  - their own relevant responsible official bodies,  - their own points of entry in question,  - the single central authorities of the other Member States, without prejudice to the specific provisions of Article 4 of this Directive,  - the Commission.  2. The single central authority of the Member State having received notification of interception from another Member State ensure, immediately on receipt, that the information is sent to its own points of entry in question.   Article 3  Notification of interception shall be made on a form which conforms to the model shown in the Annex, duly completed in accordance with the recommendations in the guidelines for experts and national inspectors carrying out their activities  under the second indent of Article 19 (a) (6) of Directive 77/93/EEC.   Article 4  Without prejudice to the fourth indent of Article 2 (1), and at the request of the Member State concerned, the Commission will take charge of dispatching the notifications of interception as the establishment of the network defined under the  first indent of Article 19 (a) (6) of Directive 77/93/EEC progresses, by sending to the other Member States a form which conforms to that set out in the Annex of this Directive, duly completed.   Article 5  In order to fulfil the obligations related to this Directive, Member States shall preferably make use of the network set up by the Commission.   Article 6  At the request of the Member State concerned and within the limits of the network set up by the Commission, the Commission shall forward the notification of interception forms to the European and Mediterranean Plant Protection Organization,  to which Member States are required to forward any information on interception, pursuant to the Convention for the establishment of that Organization. Consequently, the Commission shall send to that Organization a form which conforms to that set out in  the Annex, duly completed, but omitting points 1, 2, 3, 15 (c) to (g) and 17 of the form.   Article 7  1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive three months after its publication in the Official Journal of the European Communities. They shall immediately  inform the Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  2. Member States shall immediately communicate to the Commission all provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.   Article 8  This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.  Done at Brussels, 21 January 1994.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 26, 31. 1. 1977, p. 20.  (2) OJ No L 303, 10. 12. 1993, p. 19.      ANNEX


title: Commission Directive 2010/92/EU of 21 December 2010 amending Council Directive 91/414/EEC to include bromuconazole as active substance  Text with EEA relevance

text:
               22.12.2010

               EN

               Official Journal of the European Union

               L 338/44

         COMMISSION DIRECTIVE 2010/92/EU
   of 21 December 2010
   amending Council Directive 91/414/EEC to include bromuconazole 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)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list included bromuconazole. By Commission Decision 2008/832/EC (4) it was decided not to include bromuconazole in Annex I to Directive 91/414/EEC.

               (2)

               Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier, hereinafter ‘the applicant’, submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (5).

               (3)

               The application was submitted to Belgium, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as those that were the subject of Decision 2008/832/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008. Belgium evaluated the new information and data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 8 October 2010.

               (4)

               The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the additional report was peer reviewed by the Member States and the Authority. The Authority then presented its conclusion on bromuconazole to the Commission on 29 July 2010 (6). The draft assessment report, the additional report and the conclusion of 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 23 November 2010 in the format of the Commission review report for bromuconazole.

               (5)

               The additional report by the rapporteur Member State and the new conclusion by the Authority concentrate on the concerns that lead to the non-inclusion. Those concerns were, in particular, the high risk to aquatic organisms and the lack of information available to assess the potential contamination of surface water and groundwater.

               (6)

               The new information submitted by the applicant allowed to assess the potential contamination of surface water and groundwater. The information currently available indicates that the risk of groundwater contamination is low and that the risk to aquatic organisms is acceptable.

               (7)

               Consequently, the additional data and information provided by the applicant permit to eliminate the specific concerns that led to the non-inclusion. No other open scientific questions have arisen.

               (8)

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

               (9)

               Without prejudice to that conclusion, it is appropriate to obtain confirmatory information on certain 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 applicant submit further information on residues of triazole derivative metabolites (TDMs) in primary crops, rotational crops and products of animal origin, in addition to information regarding the long-term risk to herbivorous mammals. To further refine the assessment of potential endocrine disrupting properties, it is appropriate to require that bromuconazole be subjected to further testing as soon as OECD test guidelines on endocrine disruption, or, alternatively, Community agreed test guidelines exist.

               (10)

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

               (11)

               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
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2011 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   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
   This Directive shall enter into force on 1 February 2011.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 21 December 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 55, 29.2.2000, p. 25.

      (3)  OJ L 224, 21.8.2002, p. 23.

      (4)  OJ L 295, 4.11.2008, p. 53.

      (5)  OJ L 15, 18.1.2008, p. 5.

      (6)  European Food Safety Authority: ‘Conclusion on the peer review of the pesticide risk assessment of the active substance bromuconazole’, EFSA Journal 2010; 8(8):1704. [84 pp.]. doi:10.2903/j.efsa.2010.1704. Available online: www.efsa.europa.eu/efsajournal

      ANNEX
      The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘323

                     Bromuconazole
                     CAS No: 116255-48-2
                     CIPAC No: 680

                     1-[(2RS,4RS:2RS,4SR)-4-bromo-2-(2,4-dichlorophenyl)tetrahydrofurfuryl]-1H-1,2,4-triazole

                     ≥ 960 g/kg

                     1 February 2011

                     31 January 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 bromuconazole, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 November 2010 shall be taken into account.
                     In this overall assessment, Member States shall pay particular attention to:

                                 —

                                 operator’s safety and ensure that conditions of use prescribe the application of adequate personal protective equipment where appropriate,

                                 —

                                 protection of aquatic organisms. Conditions of authorisation shall include risk mitigation measures, where appropriate, such as adequate buffer zones.

                           The Member States concerned shall ensure that the applicant presents to the Commission:

                                 —

                                 further information on residues of triazole derivative metabolites (TDMs) in primary crops, rotational crops and products of animal origin,

                                 —

                                 information to further address the long-term risk to herbivorous mammals.

                           They shall ensure that the applicant at whose request bromuconazole has been included in this Annex provides such confirmatory information to the Commission by 31 January 2013 at the latest.
                     The Member States concerned shall ensure that the applicant submits to the Commission further information addressing the potential endocrine disrupting properties of bromuconazole within two years after the adoption of the OECD test guidelines on endocrine disruption or, alternatively, of Community agreed test guidelines.’

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