title: Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 amending Council Directive 91/440/EEC on the development of the Community’s railways and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure

text:
               3.12.2007

               EN

               Official Journal of the European Union

               L 315/44

         DIRECTIVE 2007/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 23 October 2007
   amending Council Directive 91/440/EEC on the development of the Community’s railways and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure referred to in Article 251 of the Treaty, in the light of the joint text approved by the Conciliation Committee on 31 July 2007 (3),
   Whereas:

               (1)

               Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways (4) was designed to facilitate the adaptation of the Community’s railways to the requirements of the single market and to improve their efficiency.

               (2)

               Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (5) concerns the principles and procedures to be applied with regard to the setting and charging of railway infrastructure charges and the allocation of railway infrastructure capacity.

               (3)

               In its White Paper European transport policy for 2010: time to decide, the Commission announced its intention to continue building the internal market in rail services by proposing to open up the market in international passenger services.

               (4)

               The aim of this Directive is to address the opening of the market for international rail passenger services within the Community, and it should therefore not concern services between a Member State and a third country. In addition, Member States should be able to exclude from the scope of this Directive services transiting the Community.

               (5)

               International rail services currently present a very contrasting picture. Long-distance services (for instance night trains) are in difficulty and several of them have recently been withdrawn by the railway undertakings operating them in order to limit losses. The market for international high-speed services, on the other hand, has seen a sharp increase in traffic and will continue its vigorous development with the doubling and interconnection of the trans-European high-speed network by 2010. Nevertheless, there is strong competitive pressure from low-cost airlines in both cases. It is therefore essential to stimulate new initiatives by promoting competition between railway undertakings.

               (6)

               It is not possible to open up the market in international passenger services without detailed provisions on infrastructure access, substantial progress on interoperability and a strict framework for rail safety at national and European level. All of these elements are now in place following the transposition of Directive 2001/12/EC (6) of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC, Directive 2004/51/EC (7) of the European Parliament and of the Council of 29 April 2004 amending Council Directive 91/440/EEC, Directive 2001/13/EC (8) of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC, Directive 2001/14/EC, and Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways (9). It is necessary for this new regulatory framework to be supported by established, consolidated practice by the proposed date for opening up the market for international passenger services. This will require a certain time. The target date for opening up the market should therefore be 1 January 2010.

               (7)

               The number of railway services without intermediate stops is very limited. In the case of journeys with intermediate stops, it is essential to authorise new market entrants to pick up and set down passengers along the route in order to ensure that such operations have a realistic chance of being economically viable and to avoid placing potential competitors at a disadvantage to existing operators, which have the right to pick up and set down passengers along the route. This right should be without prejudice to Community and national regulations concerning competition policy.

               (8)

               The introduction of new, open-access, international services with intermediate stops should not be used to bring about the opening of the market for domestic passenger services, but should merely be focused on stops that are ancillary to the international route. On that basis, their introduction should concern services whose principal purpose is to carry passengers travelling on an international journey. The determination of whether that is the service’s principal purpose should take into account criteria such as the proportion of turnover, and of volume, derived from transport of domestic or international passengers, and the length of the service. This determination should be made by the respective national regulatory body at the request of an interested party.

               (9)

               Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road (10) authorises Member States and local authorities to award public service contracts. These contracts may contain exclusive rights to operate certain services. It is therefore necessary to ensure that the provisions of that Regulation are consistent with the principle of opening up international passenger services to competition.

               (10)

               Opening up international passenger services, which include the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract. Member States should have the possibility to limit the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in Article 30 of Directive 2001/14/EC on the basis of an objective economic analysis, following a request from the competent authorities that awarded the public service contract.

               (11)

               Some Member States have already moved towards opening up the market for rail passenger services by transparent, open competitive tendering for the provision of certain such services. They should not have to provide full open access to international passenger services, since this competition for the right to use certain rail routes has involved a sufficient test of the market value of running those services.

               (12)

               The assessment of whether the economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the profitability of any services which are included in a public service contract, including consequential impacts on the net cost to the competent public authority that awarded the contract, passenger demand, ticket pricing, ticketing arrangements, location and number of stops on both sides of the border and timing and frequency of the proposed new service. Respecting such an assessment and the decision of the relevant regulatory body, Member States might authorise, modify or deny the right of access for the international passenger service sought, including the levying of a charge on the operator of a new international passenger service, in line with the economic analysis and in accordance with Community law and the principles of equality and non-discrimination.

               (13)

               In order to contribute to the operation of passenger services on lines fulfilling a public service obligation, Member States should be able to authorise the authorities responsible for those services to impose a levy on passenger services which fall within the jurisdiction of those authorities. That levy should contribute to the financing of public service obligations laid down in public service contracts awarded in conformity with Community law. It should be imposed in accordance with Community law, and in particular with the principles of fairness, transparency, non-discrimination and proportionality.

               (14)

               The regulatory body should function in a way which avoids any conflict of interests and any possible involvement in the award of the public service contract under consideration. In particular, if for organisational or legal purposes it is closely linked to the competent authority involved in the award of the public service contract under consideration, its functional independence should be ensured. The competence of the regulatory body should be extended to allow the assessment of the purpose of an international service and, where appropriate, the potential economic impact on existing public service contracts.

               (15)

               This Directive constitutes a further phase of the opening of the rail market. Some Member States have already opened up the market for international passenger services on their territory. In this context, this Directive should not be understood as creating obligations for those Member States to grant, before 1 January 2010, access rights to railway undertakings licensed in a Member State where similar rights are not granted.

               (16)

               In order to encourage investment for services using specialised infrastructure, such as high-speed railway lines, applicants need to be able to plan and require legal certainty reflecting the substantial long-term investment involved. It should therefore be possible for those undertakings normally to conclude framework agreements with a term of up to 15 years.

               (17)

               The national regulatory bodies should, on the basis of Article 31 of Directive 2001/14/EC, exchange information and, where relevant in individual cases, coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised. They should progressively develop guidelines based on their experience.

               (18)

               The application of this Directive should be evaluated on the basis of a report to be presented by the Commission two years after the date of opening up the market in international passenger services. This report should also assess the development of the market, including the state of the preparation of a further opening-up of the passenger rail market. In this report the Commission should also analyse the different models for organising this market and the impact of this Directive on public service contracts and their financing. In so doing, the Commission should take into account the implementation of Regulation (EC) No 1370/2007 and the intrinsic differences between Member States (density of networks, number of passengers, average travel distance). In its report the Commission should, if appropriate, propose complementary measures to facilitate any such opening, and should assess the impact of any such measures.

               (19)

               The measures necessary for the implementation of Directives 91/440/EEC and 2001/14/EC should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11).

               (20)

               In particular, the Commission should be empowered to adapt the Annexes to those Directives. Since those measures are of general scope and are designed to amend non-essential elements of those Directives, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (21)

               A Member State which has no railway system, and no immediate prospect of having one, would be under a disproportionate and pointless obligation if it had to transpose and implement Directives 91/440/EEC and 2001/14/EC. Therefore, such Member States should be exempted, for as long as they have no railway system, from the obligation to transpose and implement these Directives.

               (22)

               Since the objective of this Directive, namely the development of the Community’s railways, cannot be sufficiently achieved by the Member States, given the need to ensure fair and non-discriminatory conditions of access to infrastructure and to take account of the obviously international dimension of the way in which important parts of the rail networks operate, as well as the need for coordinated transnational action, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (23)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (12), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

               (24)

               Directives 91/440/EEC and 2001/14/EC should therefore be amended accordingly,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 91/440/EEC is hereby amended as follows:

               1.

               the following paragraph shall be added to Article 2:
               ‘4.   Member States may exclude from the scope of this Directive any railway service carried out in transit through the Community and which begins and ends outside the Community territory.’;

               2.

               the fourth indent of Article 3 shall be deleted;

               3.

               the following indent shall be inserted in Article 3 after the fifth indent:

                           ‘—

                           “international passenger service” shall mean a passenger service where the train crosses at least one border of a Member State and where the principal purpose of the service is to carry passengers between stations located in different Member States; the train may be joined and/or split, and the different sections may have different origins and destinations, provided that all carriages cross at least one border’;

               4.

               the following indent shall be inserted in Article 3 after the sixth indent:

                           ‘—

                           “transit” shall mean the crossing of the Community territory which is carried out without loading or unloading of goods, and/or without picking up of passengers nor setting them down in the Community territory.’;

               5.

               the first indent of Article 5(3) shall be deleted;

               6.

               the phrase ‘and international groupings’ shall be deleted in Article 8(1);

               7.

               Article 10(1) shall be deleted;

               8.

               the following paragraphs shall be inserted in Article 10:
               ‘3a.   Railway undertakings within the scope of Article 2 shall be granted by 1 January 2010 the right of access to the infrastructure in all Member States for the purpose of operating an international passenger service. Railway undertakings shall, in the course of an international passenger service, have the right to pick up passengers at any station located on the international route and set them down at another, including stations located in the same Member State.
               The right of access to the infrastructure of the Member States for which the share of international carriage of passengers by train constitutes more than half of the passenger turnover of railway undertakings in that Member State shall be granted by 1 January 2012.
               Whether the principal purpose of the service is to carry passengers between stations located in different Member States shall be determined by the relevant regulatory body or bodies referred to in Article 30 of Directive 2001/14/EC following a request from the relevant competent authorities and/or interested railway undertakings.
               3b.   Member States may limit the right of access defined in paragraph 3a on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Community legislation in force. Such limitation may not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where the exercise of this right would compromise the economic equilibrium of a public service contract.
               Whether the economic equilibrium would be compromised shall be determined by the relevant regulatory body or bodies referred to in Article 30 of Directive 2001/14/EC on the basis of an objective economic analysis and based on pre-determined criteria, following a request from:

                           —

                           the competent authority or competent authorities that awarded the public service contract,

                           —

                           any other interested competent authority with the right to limit access under this Article,

                           —

                           the infrastructure manager, or

                           —

                           the railway undertaking performing the public service contract.

                     The competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision. The regulatory body shall consider the information provided, consulting all the relevant parties as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within two months of receipt of all relevant information. The regulatory body shall give the grounds for its decision and specify the time period within which, and the conditions under which,

                           —

                           the relevant competent authority or competent authorities,

                           —

                           the infrastructure manager,

                           —

                           the railway undertaking performing the public service contract, or

                           —

                           the railway undertaking seeking access;

                     may request a reconsideration of the decision.
               3c.   Member States may also limit the right to pick up and set down passengers at stations within the same Member State on the route of an international passenger service where an exclusive right to convey passengers between those stations has been granted under a concession contract awarded before 4 December 2007 on the basis of a fair competitive tendering procedure and in accordance with the relevant principles of Community law. This limitation may continue for the original duration of the contract, or 15 years, whichever is the shorter.
               3d.   The provisions of this Directive shall not require a Member State to grant, before 1 January 2010, the right of access referred to in paragraph 3a to railway undertakings and their directly or indirectly controlled subsidiaries, licensed in a Member State where access rights of a similar nature are not granted.
               3e.   Member States shall take the necessary measures to ensure that the decisions referred to in paragraphs 3b, 3c and 3d are subject to judicial review.
               3f.   Without prejudice to paragraph 3b, Member States may, under the conditions laid down in this Article, authorise the authority responsible for rail passenger transport to impose a levy on railway undertakings providing passenger services for the operation of routes which fall within the jurisdiction of that authority and which are operated between two stations in that Member State.
               In that case, railway undertakings providing domestic or international rail passenger transport services shall be subject to the same levy on the operation of routes which fall within the jurisdiction of that authority.
               The levy is intended to compensate the authority for public service obligations laid down in public service contracts awarded in conformity with Community law. The revenue raised from such levy and paid as compensation may not exceed what is necessary to cover all or part of the cost incurred in the relevant public service obligations taking into account the relevant receipts and a reasonable profit for discharging those obligations.
               The levy shall be imposed in accordance with Community law, and shall respect in particular the principles of fairness, transparency, non-discrimination and proportionality, in particular between the average price of the service to the passenger and the level of the levy. The total levies imposed pursuant to this paragraph shall not endanger the economic viability of the rail passenger transport service on which they are imposed.
               The relevant authorities shall keep the information necessary to ensure that the origin of the levies and their use can be traced. Member States shall provide the Commission with this information.’;

               9.

               Article 10(8) shall be replaced by the following:
               ‘8.   By 1 January 2009, the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the implementation of this Directive.
               This report shall address:

                           —

                           the implementation of this Directive in the Member States, and in particular its impact in the Member States as referred to in the second subparagraph of paragraph 3a and the effective working of the various bodies involved;

                           —

                           market developments, in particular international traffic trends, activities and market share of all market actors, including new entrants.’;

               10.

               the following paragraph shall be added to Article 10:
               ‘9.   By 31 December 2012, the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the implementation of the provisions of paragraphs 3a to 3f.
               The application of this Directive shall be evaluated on the basis of a report to be presented by the Commission two years after the date of the opening-up of the market in international passenger services.
               This report shall also assess the development of the market, including the state of the preparation of a further opening-up of the rail market. In its report the Commission shall also analyse the different models for organising this market and the impact of this Directive on public service contracts and their financing. In so doing, the Commission shall take into account the implementation of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (13) and the intrinsic differences between Member States (density of networks, number of passengers, average travel distance). In its report the Commission shall, if appropriate, propose complementary measures to facilitate any such opening, and shall assess the impact of any such measures.

               11.

               Article 11(2) shall be replaced by the following:
               ‘2.   Measures designed to amend non-essential elements of this Directive and relating to the adaptation of the Annexes thereto shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11a(3).’;

               12.

               Article 11a(3) shall be replaced by the following:
               ‘3.   Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;

               13.

               the following subparagraph shall be added to Article 15:
               ‘The obligations for transposition and implementation of this Directive shall not apply to Cyprus and Malta for as long as no railway system is established within their territory.’

         Article 2
   Directive 2001/14/EC is hereby amended as follows:

               1.

               the following point shall be added to Article 1(3):

                           ‘(e)

                           transport operations in the form of railway services which are carried out in transit through the Community.’;

               2.

               the following point shall be added to Article 2:

                           ‘(n)

                           “transit” shall mean the crossing of the Community territory which is carried out without loading or unloading of goods, and/or without picking up of passengers nor setting them down in the Community territory.’;

               3.

               the following paragraph shall be added to Article 13:
               ‘4.   When an applicant intends to request infrastructure capacity with a view to operating an international passenger service as defined in Article 3 of Directive 91/440/EEC, it shall inform the infrastructure managers and the regulatory bodies concerned. In order to enable the assessment of the purpose of the international service to carry passengers between stations located in different Member States, and the potential economic impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service defined in a public service contract, any other interested competent authority with a right to limit access under Article 10(3b) of Directive 91/440/EEC and any railway undertaking performing the public service contract on the route of this international passenger service is informed.’;

               4.

               Article 17(5) shall be replaced by the following:
               ‘5.   Framework agreements shall in principle cover a period of five years, renewable for periods equal to their original duration. The infrastructure manager may agree to a shorter or longer period in specific cases. Any period longer than five years shall be justified by the existence of commercial contracts, specialised investments or risks.
               5a.   For services using specialised infrastructure referred to in Article 24 which requires substantial and long-term investment, duly justified by the applicant, framework agreements may be for a period of 15 years. Any period longer than 15 years shall be permissible only in exceptional cases, in particular where there is large-scale, long-term investment, and particularly where such investment is covered by contractual commitments including a multi-annual amortisation plan.
               The applicant's requirements may in this case call for detailed definition of the capacity characteristics — including the frequency, volume and quality of train paths — which are to be provided to the applicant for the duration of the framework agreement. The infrastructure manager may reduce reserved capacity which, over a period of at least one month, has been used less than the threshold quota provided for in Article 27.
               As from 1 January 2010, an initial framework agreement may be drawn up for a period of five years, renewable once, on the basis of the capacity characteristics used by applicants operating services before 1 January 2010, in order to take account of specialised investments or the existence of commercial contracts. The regulatory body referred to in Article 30 shall be responsible for authorising the entry into force of such an agreement.’;

               5.

               the following sentence shall be inserted before the final sentence of Article 30(1):
               ‘It shall furthermore be functionally independent from any competent authority involved in the award of a public service contract.’;

               6.

               Article 34(3) shall be replaced by the following:
               ‘3.   Measures designed to amend non-essential elements of this Directive and relating to the adaptation of the Annexes thereto shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 35(3).’;

               7.

               Article 35(3) shall be replaced by the following:
               ‘3.   Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;

               8.

               the following subparagraph shall be added to Article 38:
               ‘The obligations for transposition and implementation of this Directive shall not apply to Cyprus and Malta for as long as no railway system is established within their territory.’

         Article 3
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 4 June 2009. They shall forthwith communicate to the Commission the text of those measures.
   When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be determined by the Member States.
   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.
   3.   The provisions of points 2, 5, 6 and 7 of Article 1 shall apply from 1 January 2010.
   Article 4
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Strasbourg, 23 October 2007.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         M. LOBO ANTUNES

      (1)  OJ C 221, 8.9.2005, p. 56.

      (2)  OJ C 71, 22.3.2005, p. 26.

      (3)  Opinion of the European Parliament of 28 September 2005 (OJ C 227 E, 21.9.2006, p. 460), Council Common Position of 24 July 2006 (OJ C 289 E, 28.11.2006, p. 30), Position of the European Parliament of 18 January 2007 (not yet published in the Official Journal), Legislative Resolution of the European Parliament of 25 September 2007 and Council Decision of 26 September 2007.

      (4)  OJ L 237, 24.8.1991, p. 25. Directive as last amended by Directive 2006/103/EC (OJ L 363, 20.12.2006, p. 344).

      (5)  OJ L 75, 15.3.2001, p. 29. Directive as last amended by Directive 2004/49/EC (OJ L 164, 30.4.2004, p. 44), corrected by OJ L 220, 21.6.2004, p. 16.

      (6)  OJ L 75, 15.3.2001, p. 1.

      (7)  OJ L 164, 30.4.2004, p. 164, corrected by OJ L 220, 21.6.2004, p. 58.

      (8)  OJ L 75, 15.3.2001, p. 26.

      (9)  OJ L 164, 30.4.2004, p. 44, corrected by OJ L 220, 21.6.2004, p. 16.

      (10)  See page 1 of this Official Journal.

      (11)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (12)  OJ C 321, 31.12.2003, p. 1.

      (13)  OJ L 315, 3.12.2007, p. 1.’


Avis juridique important

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31987L0120

Commission Directive 87/120/EEC of 14 January 1987 amending various Council Directives on the marketing of seeds and propagating materials

Official Journal L 049 , 18/02/1987 P. 0039 - 0043 Finnish special edition: Chapter 3 Volume 22 P. 0210  Swedish special edition: Chapter 3 Volume 22 P. 0210

*****COMMISSION  DIRECTIVE  of 14 January 1987  amending various Council Directives on the marketing of seeds and propagating materials  (87/120/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 21a thereof,  Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (3), as last amended by Directive 86/155/EEC (4) and in particular Articles 2 (1a) and 21a thereof,  Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (5), as last amended by Commission Directive 86/320/EEC (6), and in particular Articles 2 (1a) and 21a thereof,  Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (7), as last amended by Directive 86/155/EEC, and in particular Articles 2 (1a) and 20a thereof,  Having regard to Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (8), as last amended by Directive 86/155/EEC, and in particular Articles 2 (1a) and 40a thereof,  Whereas, in the light of the development of scientific and technical knowledge, Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC should be amended for the reasons set out hereafter;  Whereas some of the botanical names used in Directives 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC have been shown to be incorrect or of doubtful authenticity;  Whereas those names should be aligned with those normally accepted internationally;  Whereas current international methods allow a tolerance of 5 % on the maximum weight of seed lots;  Whereas it is desirable that a similar tolerance should be applied under the Community Directives;  Whereas the conditions laid down by the Organization for Economic Cooperation and Development for previous cropping and crop isolation for the production of sugar beet seed and fodder beet seed have been shown to be suitable for adoption by the Community;  Whereas it is desirable that the rules for the bitter lupin seed content of sweet lupin seed should be improved in the light of the development of the seed quality normally achieved;  Whereas it is necessary to control the presence of wild plants and the content of red-grain plants in crops for the production of rice seed;  Whereas stricter requirements need to be laid down for the content of red grains in rice seed;  Whereas current international rules have recently been revised in respect of maximum weights for seed lots of certain cereal species; whereas that revision was approved by the Community;  Whereas the maximum weights in the Community rules for seed lots of those species should therefore be revised accordingly;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 66/400/EEC is hereby amended as follows:  1. The following paragraph is inserted before Annex I (A) (1):  '01. The previous cropping of the field shall not have been incompatible with the production of seeds of Beta vulgaris of the variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous cropping.'  2. Annex I (A) (5) is replaced by the following paragraph:  '5. The minimum distances from neighbouring pollen sources shall be:  1.2 //  //  // Crop  // Minimum distance   //    //   // 1. For the production of basic seed:   //   // from any pollen sources of the genus Beta   // 1 000 m   // 2. For the production of certified seed:   //   // (a) of sugar beet:  //   // - from any pollen sources of the genus Beta not included below   // 1 000 m   // - the intended pollinator or one of the intended pollinators being diploid, from tetraploid sugar beet pollen sources   // 600 m   // - the intended pollinator being exclusively tetraploid, from diploid sugar beet pollen sources   // 600 m   // - from sugar beet pollen sources, the ploidy of which is unknown   // 600 m   // - the intended pollinator or one of the intended pollinators being diploid, from diploid sugar beet pollen sources   // 300 m  // - the intended pollinator being exclusively tetraploid, from tetraploid sugar beet pollen sources   // 300 m   // - between two sugar beet seed production fields in which male sterility is not used   // 300 m   // (b) of fodder beet:   //  // - from any pollen sources of the genus Beta not included below   // 1 000 m   // - the intended pollinator or one of the pollinators being diploid, from tetraploid fodder beet pollen sources   // 600 m   // - the intended pollinator being exclusively tetraploid, from diploid fodder beet pollen sources   // 600 m   // - from fodder beet pollen sources, the ploidy of which is unknown   // 600 m   // - the intended pollinator or one of the pollinators being diploid, from diploid fodder beet pollen sources   // 300 m   // - the intended pollinator being exclusively tetraploid, from tetraploid fodder beet pollen sources   // 300 m   // - between two fodder beet seed production fields in which male sterility is not used   // 300 m   //    //  The above distances can be disregarded if there is sufficient protection from any undesirable foreign pollinator. No isolation is necessary between seed crops using the same pollinator.  The ploidy of both seed-bearing and pollen-shedding components of seed-producing crops is to be established by reference to the common catalogue of varieties of agricultural plant species compiled under Council Directive 70/457/EEC (1), as last amended by Directive 86/155/EEC (2), or the national catalogues of varieties established under that Directive. If this information is not included for any variety, the ploidy is to be regarded as unknown, and thus a minimum isolation distance of 600 metres is required.  (1) OJ No L 225, 12. 10. 1970, p. 1.  (2) OJ No L 118, 7. 5. 1985, p. 23.'  3. The following sentence is added to Annex II:  'The maximum lot weight shall not be exceeded by more than 5 %.'  Article 2  Directive 66/401/EEC is hereby amended as follows:  1. In Article 2 (1) (A) the words on the left below are replaced by the corresponding words on the right:  1.2 // Agrostis tenuis Sibth.   // Agrostis capillaris L.  // Arrhenatherum elatius (L.) Beauv. ex J. et K. Presl  // Arrhenatherum elatius (L.) P. Beauv. ex J. S. et K. B. Presl   // Festuca arundinacea Schreb.   // Festuca arundinacea Schreber   // Festuca pratensis Huds.   // Festuca pratensis Hudson   // Lolium x hybridum Hausskn.   // Lolium x boucheanum Kunth   // Trisetum flavescens (L.) Beauv.   // Trisetum flavescens (L.) P. Beauv.   // Medicago x varia Martyn  // Medicago x varia T. Martyn   // Brassica napus L. var. napobrassica (L.) Peterm.   // Brassica napus L. var. napobrassica (L.) Rchb.   // Brassica oleracea L. convar. acephala (DC)   // Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. varidis L.   // Raphanus sativus L. ssp. oleifera (DC) Metzg.   // Raphanus sativus L. var. oleiformis Pers.  2. In Article 3 (1) the words on the left below are replaced by the corresponding words on the right:  1.2 // Brassica napus L. var. napobrassica (L.) Peterm.  // Brassica napus L. var. napobrassica (L.) Rchb.  // Brassica oleracea L. convar. acephala (DC)   // Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. viridis L.   // Festuca arundinacea Schreb.   // Festuca arundinacea Schreber   // Festuca pratensis Huds.   // Festuca pratensis Hudson   // Lolium x hybridum Hausskn.   // Lolium x boucheanum Kunth   // Medicago x varia Martyn   // Medicago x varia T. Martyn   // Raphanus sativus L. ssp. oleifera (DC) Metzg.   // Raphanus sativus L. var. oleiformis Pers.  3. In column 1 of the table in Annex II (I) (2) (A):  - 'Agrostis tenuis' is replaced by 'Agrostis capillaris',  - 'Lolium x hybridum' is replaced by 'Lolium x boucheanum',  - 'ssp. oleifera' is replaced by 'var. oleiformis'.  4. In Annex II (I) (2) (B) (p) '2,5 %' is inserted after the word 'exceed' and the rest of the item is deleted.  5. In column 1 of the table in Annex II (II) (2) (A):  - 'Agrostis tenuis' is replaced by 'Agrostis capillaris',  - 'Lolium x hybridum' is replaced by 'Lolium x boucheanum',  - 'ssp. oleifera' is replaced by 'var. oleiformis'. 6. Annex II (III) (6) (c) is deleted.  7. In column 1 of the table in Annex III:  - 'Agrostis tenuis' is replaced by 'Agrostis capillaris',  - 'Lolium x hybridum' is replaced by 'Lolium x boucheanum',  - 'ssp. oleifera' is replaced by 'var. oleiformis'.  8. In Annex III the following is added after the table:  'The maximum lot weight shall not be exceeded by more than 5 %'.  Article 3  Directive 66/402/EEC is hereby amended as follows:  1. In Article 2 (1) (A), 'except Zea mays convar. microsperma (Koern) and Zea mays convar. saccharata (Koern)' is replaced by '(partim)'.  2. In the introductory wording of the third paragraph of Annex I (3), 'Oryza sativa,' is inserted after 'crops of'.  3. In the third paragraph of Annex I (3) the following is added:  'D. Oryza sativa:  the number of plants which are recognizable as obviously being wild plants or red-grain plants shall not exceed:  - 0 for the production of basic seed,  - 1 per 50 m2 for the production of certified seed.'  4. In column 5 of the table in Annex II (2) (A) '2', '5' and '10' are replaced by '1', '3' and '5' respectively.  5. In column 2 of the table in Annex III '20' is replaced by '25' in both cases where it appears.  6. The following sentence is added to Annex III:  'The maximum lot weight shall not be exceeded by more than 5 %'.  Article 4  Directive 69/208/EEC is hereby amended as follows:  1. In Article 2 (1) (A) the words on the left below are replaced by the corresponding words on the right:  1.2 // Brassica juncea (L.) Czern. et Coss. in Czern.  // Brassica juncea (L.) Czernj. et Cosson   // Brassica napus L.   // Brassica napus L. (partim)   // Brassica nigra (L.) W. Koch   // Brassica nigra (L.) Koch   // Brassica rapa L. (partim)   // Brassica rapa L. var. silvestris (Lam.) Briggs  2. In Article 3 (1) the words on the left below are replaced by the corresponding words on the right:  1.2 // Brassica napus L. ssp. oleifera (Metzg.) Sinsk.  // Brassica napus L. (partim)   // Brassica rapa L. (partim)  // Brassica rapa L. var. silvestris (Lam.) Briggs  3. In column 1 of the table in Annex I (2) 'ssp. oleifera' is deleted in both cases where they appear.  4. In column 1 of the table in Annex II (I) (1) 'ssp. oleifera' is deleted in both cases where it appears.  5. In column 1 of the table in Annex II (I) (3) (A) 'ssp. oleifera' is deleted.  6. In column 1 of the table in Annex III 'ssp. oleifera' is deleted.  7. The following sentence is added to Annex III:  'The maximum lot weight shall not be exceeded by more than 5 %.' Article 5  Directive 70/458/EEC is hereby amended as follows:  1. In Article 2 (1) (A) the words on the left below are replaced by the corresponding words on the right:  1.2 // Beta vulgaris L. var. cycla (L.) Ulrich   // Beta vulgaris L. var. vulgaris   // Beta vulgaris L. var. esculenta L.   // Beta vulgaris L. var. conditiva Alef.   // Brassica oleracea L. var. acephala DC subvar. laciniata L.   // Brassica oleracea L. convar. acephala (DC.) Alef. var sabellica L.  // Brassica oleracea L. convar. botrytis (L.) Alef. var botrytis   // Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis L.   // Brassica oleracea L. convar. botrytis (L.) Alef. var. italica Plenck   // Brassica oleracea L. convar. botrytis (L.) Alef. var. cymosa Duch.   // Brassica oleracea L. var. bullata subvar. gemmifera DC.   // Brassica oleracea L. convar. oleracea var. gemmifera DC.   // Brassica oleracea L. var. bullata DC. et var. subauda L.   // Brassica oleracea L. convar. capitata (L.) Alef. var. sabauda L.  // Brassica oleracea L. var. capitata L. f. alba DC.  // Brassica oleracea L. convar. capitata (L.) Alef. var. alba DC.   // Brassica oleracea L. var. capitata L. f. rubra (L.) Thell.   // Brassica oleracea L. convar. capitata (L.) Alef. var. rubra DC.   // Brassica oleracea L. var. gongylodes L.  // Brassica oleracea L. convar. acephala (DC.) Alef. var. gongylodes   // Brassica rapa L. var. rapa (L.) Thell.  // Brassica rapa L. var. rapa   // Cichorium intybus L. var. foliosum Bisch.   // Cichorium intybus L. (partim)  // Foeniculum vulgare P. Mill.   // Foeniculum vulgare Miller  // Lycopersicon lycopersicum (L.) Karst. ex Farwell  // Lycopersicon lycopersicum (L.) Karsten ex Farw.  // Petroselinum crispum (Mill.) Nym. ex A. W. Hill  // Petroselinum crispum (Miller) Nyman ex A. W. Hill  2. In the first column of the table in Annex II (3) (a) 'var. botrytis' is replaced by '(cauliflower)' and '(other species)' is replaced by '(other subspecies)'.  3. The following sentence is added to Annex III (1):  'The maximum lot weight shall not be exceeded by more than 5 %.'  Article 6  Member States shall take the necessary measures to comply with this Directive not later than 1 July 1988. They shall forthwith inform the Commission thereof.  Article 7  This Directive is addressed to the Member States.  Done at Brussels, 14 January 1987.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No 125, 11. 7. 1966, p. 2290/66.  (2) OJ No L 362, 31. 12. 1985, p. 8.  (3) OJ No 125, 11. 7. 1966, p. 2298/66.  (4) OJ No L 118, 7. 5. 1986, p. 23.  (5) OJ No 125, 11. 7. 1966, p. 2309/66.  (6) OJ No L 200, 23. 7. 1986, p. 38.  (7) OJ No L 169, 10. 7. 1969, p. 3.  (8) OJ No L 225, 12. 10. 1970, p. 7.


Avis juridique important

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31996L0057

Directive 96/57/EC of the European Parliament and of the Council of 3 September 1996 on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof

Official Journal L 236 , 18/09/1996 P. 0036 - 0043

DIRECTIVE 96/57/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3 September 1996 on energy efficiency requirements for household electric refrigerators, freezers and combinations thereofTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),(1) Whereas it is important to promote measures aimed at the proper functioning of the internal market;(2) Whereas in its resolution of 15 January 1985 on the improvement of energy-saving programmes in the Member States (4) the Council invited the Member States to pursue and where necessary increase their efforts to promote the more rational use of energy by the further development of integrated energy-saving policies;(3) Whereas household refrigeration appliances account for a significant share of domestic electricity consumption in the Community and thus of total electricity consumption; whereas the various models of refrigeration appliances available on the Community market have very different levels of consumption for a given volume and similar features, i.e. extremely variable energy efficiency;(4) Whereas some Member States are on the point of adopting provisions relating to the efficiency of household refrigerators and freezers, which might create barriers to trade in these products in the Community;(5) Whereas it is appropriate to take as a base a high level of protection in proposals for the approximation of the provisions laid down by law, regulation or administrative action in Member States concerning health, safety, environmental protection and consumer protection; whereas this Directive ensures a high level of protection for both the environment and the consumer, in aiming at a significant improvement of the energy efficiency of these appliances;(6) Whereas the adoption of such measures falls within Community competence; whereas the requirements of this Directive are within the limits of its objectives, thus conforming to the requirements of Article 3b of the Treaty;(7) Whereas, moreover, Article 130r of the Treaty calls for the protection and improvement of the environment and the prudent and rational utilization of natural resources, these two objectives being among those of the Community policy on the environment; whereas electricity generation and consumption account for 30 % of man-made carbon dioxide (CO2) emissions and some 35 % of primary energy consumption in the Community; whereas these percentages are increasing;(8) Whereas, furthermore, Council Decision 89/364/EEC of 5 June 1989 on a Community action programme for improving the efficiency of electricity use (5) has as its twin objectives to encourage consumers to favour appliances and equipment with high electrical efficiency and to improve the efficiency of appliances and equipment;(9) Whereas in its conclusions of 29 October 1990 the Council set an objective of stabilizing carbon dioxide (CO2) emissions in the Community at 1990 levels by the year 2 000; whereas in order to achieve this objective stronger measures are required to stabilize CO2 emissions within the Community;(10) Whereas Decision 91/565/EEC (6) established a programme to promote energy efficiency in the Community (the SAVE programme);(11) Whereas the energy efficiency measures incorporated in the most up-to-date models of refrigeration appliances available do not increase their production costs excessively and can pay for their initial cost through electricity savings within a few years or even more rapidly; whereas this calculation does not take into account the added benefit of the external costs of electricity generation thereby avoided, such as emissions of carbon dioxide (CO2) and other pollutants;(12) Whereas the 'natural` gain in energy efficiency due to market pressures and improved production processes, estimated at around 2 % per year, will contribute to efforts to achieve stricter energy consumption standards;(13) Whereas Directive 92/75/EEC (7) (the framework Directive) and Commission Directive 94/2/EC (8) (the Directive implementing Directive 92/75/EEC), which require the compulsory labelling of appliances and an indication in other forms of the energy consumption, will increase consumers' awareness of the energy efficiency of household refrigeration appliances; whereas this measure will therefore also encourage the various competitors to offer levels of energy efficiency for their appliances higher than the standards required by this Directive; whereas, however, the provision of information to consumers must nevertheless be accompanied by an indication of the standards in order to achieve full benefit and lead to a real improvement in the total average efficiency of the appliances sold;(14) Whereas this Directive, which is aimed at eliminating technical barriers with regard to improving the energy efficiency of household refrigeration appliances, must follow the 'new approach` established by the Council resolution of 7 May 1985 on a new approach to technical harmonization and standards (9) which specifically lays down that legislative harmonization is limited to the adoption, by means of directives, of the essential requirements with which products put on the market must conform;(15) Whereas an effective enforcement system is necessary to ensure that the Directive is implemented properly, guarantee fair conditions of competition for producers and protect consumer rights;(16) Whereas regard should be had to Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking (10), which are intended to be used in the technical harmonization directives;(17) Whereas in the interest of international trade, international standards should be used wherever appropriate; whereas the electricity consumption of a refrigeration appliance is defined by the European Committee for Standardization Standard EN 153 of July 1995 which is based on an international standard;(18) Whereas household refrigeration appliances complying with the energy efficiency requirements of this Directive must bear the 'CE` marking and associated information, in order to enable them to move freely;(19) Whereas this Directive is confined to household refrigeration appliances for foodstuffs, supplied by mains electricity, excluding those manufactured on a one-off basis; whereas refrigeration equipment for commercial use is much more varied and not appropriate for inclusion in this Directive,HAVE ADOPTED THIS DIRECTIVE:Article 1 This Directive shall apply to new electric mains-operated household refrigerators, frozen food storage cabinets, food freezers, and combinations of these as defined in Annex I and referred to hereafter as 'refrigeration appliances`. Appliances which can also use other energy sources, particularly accumulators, and household refrigeration appliances working on the absorption principle and appliances manufactured on a one-off basis shall be excluded.Article 2 1. Member States shall take all necessary measures to ensure that refrigeration appliances covered by this Directive can be placed on the Community market only if the electricity consumption of the appliance in question is less than or equal to the maximum allowable electricity consumption value for its category as calculated according to the procedures defined in Annex I.2. The manufacturer of a refrigeration appliance covered by this Directive, his authorized representative established in the Community or the person responsible for placing the appliance on the Community market shall be responsible for ensuring that each appliance placed on the market conforms with the requirement referred to in paragraph 1.Article 3 1. Member States may not prohibit, restrict or impede the placing on the market in their territory of refrigeration appliances which bear the 'CE` marking attesting to their conformity with all the provisions of this Directive.2. Unless they have evidence to the contrary, Member States shall presume that refrigeration appliances bearing the 'CE` marking required under Article 5 comply with all the provisions of this Directive.3. (a) Where refrigeration appliances are subject to other directives covering other aspects which also provide for affixing of the 'CE` marking, the latter shall indicate that the refrigeration appliances in question are also presumed, unless evidence to the contrary exists, to conform to the provisions of those other directives.(b) However, where one or more of those directives allows the manufacturer, during a transitional period, to choose which rules to apply, the 'CE` marking shall indicate conformity solely with the provisions of those directives applied by the manufacturer. In that case, the reference numbers of the directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions accompanying the refrigeration appliances.Article 4 The conformity assessment procedures and the obligations relating to the 'CE` marking of refrigeration appliances are laid down in Annex II.Article 5 1. When appliances are placed on the market, they must bear the 'CE` marking, which shall consist of the initials 'CE`. The form of the marking to be used is shown in Annex III. The 'CE` marking shall be affixed visibly, legibly and indelibly to refrigeration appliances and, where appropriate, to the packaging.2. The affixing on refrigeration appliances of any markings which are likely to mislead third parties as to the meaning and form of the 'CE` marking shall be prohibited. Any other marking may be affixed to the appliances, their packaging, the instruction sheet or other documents, provided that the 'CE` marking remains visible and legible.Article 6 1. Where a Member State establishes that the 'CE` marking has been affixed improperly, the manufacturer or his authorized representative established within the Community shall be obliged to bring the product into conformity and to end the infringement in accordance with conditions imposed by the Member State. Where neither the manufacturer nor his authorized representative is established within the Community, the person who places the refrigeration appliance on the Community market shall undertake these obligations.2. Where the product continues not to be in conformity, the Member State shall take all necessary measures pursuant to Article 7 to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market.Article 7 1. Any decision taken pursuant to this Directive which contains a restriction on the placing on the market of refrigeration appliances shall state the precise grounds on which it is based. The party concerned shall be notified without delay of the decision and shall be informed at the same time of the possibilities and time limits regarding the legal remedies available to it under the laws in force in the Member State in question.2. The Member State shall immediately inform the Commission of any such measure, indicating the reasons for its decision. The Commission shall make this information known to the other Member States.Article 8 Before the expiry of a period of four years from the adoption of this Directive, the Commission shall make an assessment of the results obtained as compared with those expected. With a view to advancing to a second stage in energy efficiency improvement, the Commission shall then consider, in consultation with the interested parties, the need to lay down a second set of appropriate measures for significantly improving the energy efficiency of household refrigeration appliances. In that case, each energy efficiency measure and the date of its entry into force will be based on energy efficiency levels which can be economically and technically justified in the light of the circumstances at the time. Any other measure judged appropriate to improve the efficiency of household refrigeration appliances shall also be considered.Article 9 1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive within a year of its adoption. They shall immediately inform the Commission thereof.Member States shall apply these provisions on the expiry of a period of three years counting from the date of adoption of this Directive.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.3. During a three-year period following adoption of this Directive, Member States shall permit the placing on the market of refrigeration appliances which comply with the same conditions as those which were applied on their territory at the date of adoption of this Directive.Article 10 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 11 This Directive is addressed to the Member States.Done at Brussels, 3 September 1996.For the European ParliamentThe PresidentK. HÄNSCHFor the CouncilThe PresidentI. YATES(1) OJ No C 390, 31. 12. 1994, p. 30; and OJ No C 49, 20. 2. 1996, p. 10.(2) OJ No C 155, 21. 6. 1995, p. 18.(3) Opinion of the European Parliament of 26 October 1995 (OJ No C 308, 20. 11. 1995, p. 134), Council common position of 11 March 1996 (OJ No C 120, 24. 4. 1996, p. 10) and Decision of the European Parliament of 18 June 1996 (OJ No C 198, 8. 7. 1996).(4) OJ No C 20, 22. 1. 1985, p. 1.(5) OJ No L 157, 9. 6. 1989, p. 32.(6) OJ No L 307, 8. 11. 1991, p. 34.(7) OJ No L 297, 13. 10. 1992, p. 16.(8) OJ No L 45, 17. 2. 1994, p. 1.(9) OJ No C 136, 4. 6. 1985, p. 1.(10) OJ No L 220, 30. 8. 1993, p. 23.ANNEX I METHOD FOR CALCULATING THE MAXIMUM ALLOWABLE ELECTRICITY CONSUMPTION OF A REFRIGERATION APPLIANCE AND PROCEDURE FOR CHECKING CONFORMITY The electricity consumption of a refrigeration appliance (which may be expressed in kWh per 24 hours) is a function of the category of appliance to which it belongs (e.g. 1-star refrigerator, chest freezer, etc.), its volume and the energy efficiency of its construction, (thickness of insulation, compressor efficiency, etc.) and the difference between ambient temperature and the temperature inside the appliance. In setting energy efficiency standards therefore, allowance must be made for the main endogenous factors which influence energy consumption (i.e. the category of the appliance and its volume). For this reason the maximum allowable electricity consumption of a refrigeration appliance is defined by a linear equation which is a function of the volume of the appliance, with different equations laid down for each category of appliance.To calculate the maximum allowable electricity consumption of a given appliance, it must therefore first be allocated to the appropriate category from the following list:>TABLE>Because refrigeration appliances contain different compartments maintained at different temperatures, (which will significantly influence electricity consumption), maximum allowable electricity consumption is defined in practice as a function of the adjusted volume, which is the weighted sum of the volumes of the different compartments.Thus, for the purposes of this Directive, the adjusted volume (Vadj) of a refrigeration appliance is defined as:Vadj = Ó Vc × Wc × Fc × CcWc = >NUM>(25 - Tc) / >DEN>20where Tc is the design temperature in each compartment (in °C),where Vc is the net volume of a given type of compartment in the appliance and Fc is a factor which equals 1,2 for no frost compartments and 1 for other compartments,Cc = 1 for refrigeration appliances belonging to the normal (N) and subnormal (SN) climate classesCc = Xc for refrigeration appliances belonging to the sub-tropical (ST) climate classCc = Yc for refrigeration appliances belonging to the tropical (T) climate class.The weighting co-efficients Xc and Yc for the different types of compartment are:>TABLE>Both the adjusted volume and the net volume are expressed in litres.The maximum allowable electricity consumption (Emax expressed in kWh per 24 hours calculated to two decimal places), for an appliance type with adjusted volume Vadj is defined by the following equations for each appliance category:>TABLE>For refrigerators/freezers with more than two doors, or other appliances not covered above, the maximum allowable electricity consumption (Emax) is determined by the temperature and the star rating of the compartment with the lowest temperature, as follows:>TABLE>Test procedures for checking whether an appliance complies with the electricity consumption requirements of this Directive If the electricity consumption of a refrigeration appliance submitted for verification is less than or equal to Emax (the maximum allowable electricity consumption value for its category, as defined above), plus 15 %, the appliance is certified as conforming to the electricity consumption requirements of this Directive. If the electricity consumption of the appliance is greater than Emax plus 15 %, the electricity consumption of a further three appliances must be measured. If the arithmetic mean of the electricity consumptions of these three appliances is less than or equal to Emax plus 10 %, the appliance is certified as conforming to the electricity consumption requirements of this Directive. If the arithmetic mean exceeds Emax plus 10 %, the appliance must be judged not to conform to the electricity consumption requirements of this Directive.Definitions The terms used in this Annex correspond to the definitions in European Standard EN 153 of July 1995 laid down by the European Committee for Standardization.ANNEX II CONFORMITY ASSESSMENT PROCEDURES (MODULE A) 1. This module describes the procedure whereby the manufacturer or his authorized representative established within the Community, who carries out the obligations laid down in point 2, ensures and declares that the refrigeration appliance satisfies the relevant requirements of this Directive. The manufacturer must affix the 'CE` marking to each refrigeration appliance which he manufactures and draw up a written declaration of conformity.2. The manufacturer must establish the technical documentation described in paragraph 3 and he or his authorized representative established within the Community must keep it at the disposal of the relevant national authorities for inspection purposes for a period of not less than three years from the date on which the last appliance has been manufactured.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 refrigeration appliance on the Community market.3. Technical documentation must enable the conformity of the refrigeration appliance with the requirements of this Directive to be assessed. It must, as far as relevant for such assessment, cover the design, manufacture and operation of the refrigeration appliance and comprise:(i) the name and the address of the manufacturer;(ii) a general description of the model sufficient for unambiguous identification;(iii) information, including drawings as relevant, on the main design features of the model and in particular on items which appreciably affect its electricity consumption, such as dimensions, volume(s), compressor characteristics, special features, etc.;(iv) the operating instructions, if any;(v) the results of electricity consumption measurements carried out as required by point 5;(vi) details of the conformity of these measurements as compared to the energy consumption requirements set out in Annex I.4. Technical documentation established for other Community legislation may be used in so far as it meets the requirements of this Annex.5. Manufacturers of refrigeration appliances are responsible for establishing the electricity consumption of each refrigeration appliance covered by this Directive according to the procedures specified in European Standard EN 153, as well as the appliance's conformity with the requirements of Article 2.6. The manufacturer or his authorized representative must keep a copy of the declaration of conformity with the technical documentation.7. The manufacturer must take all measures necessary in order that the manufacturing process ensures that the manufactured refrigeration appliances comply with the technical documentation referred to in point 2 and with the relevant requirements of the Directive.ANNEX III 'CE` CONFORMITY MARKING The conformity marking shall consist of the initials 'CE` taking the following form:>REFERENCE TO A FILM>If the 'CE` marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.The various components of the 'CE` marking must have substantially the same vertical dimension, which may not be less than 5 mm.


Avis juridique important

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31970L0457

Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species  /* CODIFIED VERSION CF 374Y0608(06) */

Official Journal L 225 , 12/10/1970 P. 0001 - 0006 Danish special edition: Series III Chapter 1966-1972 P. 0031  English special edition: Series III Chapter 1966-1972 P. 0036  Greek special edition: Chapter 03 Volume 6 P. 0003  Spanish special edition: Chapter 03 Volume 4 P. 0048  Portuguese special edition Chapter 03 Volume 4 P. 0048  Finnish special edition: Chapter 3 Volume 3 P. 0089  Swedish special edition: Chapter 3 Volume 3 P. 0089

+++++( 1 ) OJ NO C 108 , 19 . 10 . 1968 , P . 30 .  ( 2 ) OJ NO 125 , 11 . 7 . 1966 , P . 2290/66 .  ( 3 ) OJ NO 125 , 11 . 7 . 1966 , P . 2298/66 .  ( 4 ) OJ NO 125 , 11 . 7 . 1966 , P . 2309/66 .  ( 5 ) OJ NO 125 , 11 . 7 . 1966 , P . 2320/66 .  ( 6 ) OJ NO L 169 , 10 . 7 . 1969 , P . 3 .  ( 7 ) OJ NO 125 , 11 . 7 . 1966 , P . 2289/66 .  COUNCIL DIRECTIVE OF 29 SEPTEMBER 1970 ON THE COMMON CATALOGUE OF VARIETIES OF AGRICULTURAL PLANT SPECIES ( 70/457/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 ( 1 ) ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;  WHEREAS THE PRODUCTION OF AGRICULTURAL SEED AND YOUNG PLANTS OCCUPIES AN IMPORTANT PLACE IN THE AGRICULTURE OF THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS , FOR THIS REASON , THE COUNCIL HAS ALREADY ADOPTED DIRECTIVES ON THE MARKETING OF BEET SEED ( 2 ) , FODDER PLANT SEED ( 3 ) , CEREAL SEED ( 4 ) , SEED POTATOES ( 5 ) AND SEED OF OIL AND FIBRE PLANTS ( 6 ) ;  WHEREAS THOSE DIRECTIVES ALLOW MEMBER STATES PROVISIONALLY TO RESTRICT THE MARKETING OF THE SEED AND PROPAGATING MATERIAL OF THE VARIETIES OF PLANT CONCERNED TO THE SEED AND PROPAGATING MATERIAL OF THOSE VARIETIES WHICH ARE INCLUDED IN A NATIONAL LIST AND ARE OF VALUE FOR CULTIVATION AND USE IN THEIR OWN TERRITORY ; WHEREAS , HOWEVER , THOSE DIRECTIVES ALSO PROVIDE THAT SUCH RESTRICTION MAY BE IMPOSED ONLY UNTIL SUCH TIME AS A COMMON CATALOGUE OF VARIETIES OF AGRICULTURAL PLANT SPECIES HAS BEEN COMPILED ;  WHEREAS A COMMON CATALOGUE OF VARIETIES CAN FOR THE MOMENT BE COMPILED ONLY ON THE BASIS OF NATIONAL CATALOGUES ;  WHEREAS ALL MEMBER STATES SHOULD THEREFORE COMPILE ONE OR MORE NATIONAL CATALOGUES OF THE VARIETIES ACCEPTED FOR CERTIFICATION AND MARKETING IN THEIR TERRITORY ;  WHEREAS THESE CATALOGUES MUST BE DRAWN UP IN ACCORDANCE WITH UNIFORM RULES SO THAT THE VARIETIES ACCEPTED WILL BE DISTINCT , STABLE AND SUFFICIENTLY UNIFORM AND THAT THEY WILL BE OF SATISFACTORY VALUE FOR CULTIVATION AND USE ;  WHEREAS , IN ORDER TO CARRY OUT THE EXAMINATIONS FOR THE ACCEPTANCE OF A VARIETY , A LARGE NUMBER OF UNIFORM CRITERIA AND MINIMUM REQUIREMENTS MUST BE LAID DOWN ;  WHEREAS , FURTHERMORE , PROVISIONS RELATING TO THE LENGTH OF TIME DURING WHICH ACCEPTANCE OF A VARIETY IS TO REMAIN VALID , TO THE GROUNDS ON WHICH ACCEPTANCE MAY BE REVOKED AND TO PRACTICES FOR MAINTENANCE OF THE VARIETY MUST BE STANDARDIZED AND WHEREAS THE MEMBER STATES SHOULD INFORM ONE ANOTHER OF THE ACCEPTANCE AND WITHDRAWAL OF VARIETIES ;  WHEREAS ALL SEED OR PROPAGATING MATERIAL OF VARIETIES WHICH HAVE BEEN ACCEPTED IN ACCORDANCE WITH THE PRINCIPLES OF THE DIRECTIVE SINCE 1 JULY 1967 IN ONE OR MORE MEMBER STATES SHOULD , AFTER A CERTAIN TIME , BE SUBJECT WITHIN THE COMMUNITY TO NO RESTRICTIONS RELATING TO VARIETY ; WHEREAS ALL SUCH SEEDS OR PROPAGATING MATERIAL SHOULD BE ADDED TO THE COMMON CATALOGUE OF VARIETIES ;  WHEREAS , HOWEVER , MEMBER STATES SHOULD BE GIVEN THE RIGHT TO EXPRESS BY MEANS OF A SPECIAL PROCEDURE ANY OBJECTIONS WHICH THEY MAY HAVE TO A VARIETY AND TO ITS INCLUSION IN THE COMMON CATALOGUE OF VARIETIES AS WELL AS ANY OBJECTIONS ON PLANT HEALTH GROUNDS TO A VARIETY ALREADY ENTERED IN THAT CATALOGUE ;  WHEREAS SPECIAL RULES SHOULD BE ADOPTED TO COVER VARIETIES WHICH WERE ACCEPTED IN A MEMBER STATE BEFORE 1 JULY 1967 IN ACCORDANCE WITH THE PRINCIPLES OF THIS DIRECTIVE ; WHEREAS IT SEEMS JUSTIFIABLE TO MAKE THEIR INCLUSION IN THIS CATALOGUE CONDITIONAL UPON THEIR BEING OF IMPORTANCE FOR SEED PRODUCTION ;  WHEREAS THE COMMISSION SHOULD PUBLISH IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES THE VARIETIES WHICH ARE BEING ADDED TO THE COMMON CATALOGUE OF VARIETIES OF AGRICULTURAL PLANT SPECIES ;  WHEREAS PROVISION SHOULD BE MADE FOR MEASURES RECOGNIZING THE EQUIVALENCE OF EXAMINATIONS AND CONTROLS OF VARIETIES CARRIED OUT IN THIRD COUNTRIES ;  WHEREAS , HOWEVER , COMMUNITY RULES SHOULD NOT APPLY TO VARIETIES THE SEED OR PROPAGATING MATERIAL OF WHICH ARE SHOWN TO BE INTENDED FOR EXPORT TO THIRD COUNTRIES ;  WHEREAS THE COMMISSION SHOULD BE ENTRUSTED WITH THE TASK OF ADOPTING CERTAIN MEASURES FOR THE APPLICATION OF THIS DIRECTIVE ; WHEREAS , IN ORDER TO FACILITATE IMPLEMENTATION OF THE PROPOSED MEASURES , A PROCEDURE SHOULD BE PROVIDED FOR ESTABLISHING CLOSE COOPERATION BETWEEN MEMBER STATES AND THE COMMISSION WITHIN THE STANDING COMMITTEE ON SEEDS AND PROPAGATING MATERIAL FOR AGRICULTURE , HORTICULTURE AND FORESTRY SET UP BY THE COUNCIL DECISION OF 14 JUNE 1966 ( 7 ) .  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THIS DIRECTIVE CONCERNS THE ACCEPTANCE FOR INCLUSION IN A COMMON CATALOGUE OF VARIETIES OF AGRICULTURAL PLANT SPECIES OF THOSE VARIETIES OF BEET , FODDER PLANT , CEREAL , POTATO AND OIL AND FIBRE PLANT THE SEED OF WHICH MAY BE MARKETED UNDER THE PROVISIONS OF THE COUNCIL DIRECTIVES OF 14 JUNE 1966 ON THE MARKETING OF BEET SEED , FODDER PLANT SEED , CEREAL SEED AND SEED POTATOES AND THE COUNCIL DIRECTIVE OF 30 JUNE 1969 ON THE MARKETING OF SEED OF OIL AND FIBRE PLANTS .  2 . THE COMMON CATALOGUE OF VARIETIES SHALL BE COMPILED ON THE BASIS OF THE NATIONAL CATALOGUES OF MEMBER STATES .  ARTICLE 2  FOR THE PURPOSES OF THIS DIRECTIVE " OFFICIAL MEASURES " MEANS MEASURES TAKEN :  ( A ) BY STATE AUTHORITIES , OR  ( B ) BY ANY LEGAL PERSON WHETHER GOVERNED BY PUBLIC OR BY PRIVATE LAW , ACTING UNDER THE RESPONSIBILITY OF THE STATE , OR  ( C ) IN THE CASE OF ANCILLARY ACTIVITIES WHICH ARE ALSO UNDER STATE CONTROL , BY ANY NATURAL PERSON DULY SWORN FOR THAT PURPOSE ,  PROVIDED THAT THE PERSONS MENTIONED UNDER ( B ) AND ( C ) DERIVE NO PRIVATE GAIN FROM SUCH MEASURES .  ARTICLE 3  1 . EACH MEMBER STATE SHALL ESTABLISH ONE OR MORE CATALOGUES OF THE VARIETIES OFFICIALLY ACCEPTED FOR CERTIFICATION AND MARKETING IN ITS TERRITORY . ANY PERSON MAY CONSULT THE CATALOGUES .  2 . MEMBER STATES MAY PROVIDE THAT THE ACCEPTANCE OF A VARIETY FOR INCLUSION IN THE COMMON CATALOGUE OR IN THE CATALOGUE OF ANOTHER MEMBER STATE IS EQUIVALENT TO ACCEPTANCE FOR INCLUSION IN THEIR OWN CATALOGUES . IF SUCH PROVISION IS MADE , THE MEMBER STATE SHALL BE RELEASED FROM THE OBLIGATIONS PROVIDED IN ARTICLE 7 , 9 ( 3 ) AND 10 ( 2 ) TO ( 5 ) .  3 . THE MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT OFFICIAL ACCEPTANCES OF VARIETIES GRANTED BEFORE 1 JULY 1970 IN ACCORDANCE WITH PRINCIPLES OTHER THAN THOSE OF THIS DIRECTIVE EXPIRE NOT LATER THAN 30 JUNE 1980 IF BY THAT DATE THE VARIETIES IN QUESTION HAVE NOT BEEN ACCEPTED IN ACCORDANCE WITH THE PRINCIPLES OF THIS DIRECTIVE .  ARTICLE 4  1 . THE MEMBER STATES SHALL ENSURE THAT A VARIETY IS ACCEPTED ONLY IF IT IS DISTINCT , STABLE AND SUFFICIENTLY UNIFORM . THE VARIETY MUST BE OF SATISFACTORY VALUE FOR CULTIVATION AND USE .  2 . EXAMINATION OF THE VALUE FOR CULTIVATION AND USE SHALL NOT BE REQUIRED ;  ( A ) FOR THE ACCEPTANCE OF VARIETIES OF GRASSES IF THE BREEDER DECLARES THAT THE SEED OF HIS VARIETY IS NOT INTENDED FOR THE PRODUCTION OF FODDER PLANTS ;  ( B ) FOR THE ACCEPTANCE OF VARIETIES WHOSE SEED IS TO BE MARKETED IN ANOTHER MEMBER STATE WHICH HAS ALREADY ACCEPTED THE VARIETIES , HAVING REGARD TO THEIR VALUE FOR CULTIVATION AND USE .  ARTICLE 5  1 . A VARIETY SHALL BE REGARDED AS DISTINCT IF , WHEN ACCEPTANCE IS APPLIED FOR , IT IS CLEARLY DISTINGUISHABLE , IN ONE OR MORE IMPORTANT MORPHOLOGICAL OR PHYSIOLOGICAL CHARACTERS , FROM ALL OTHER VARIETIES ACCEPTED OR SUBMITTED FOR ACCEPTANCE IN THE MEMBER STATE IN QUESTION OR LISTED IN THE COMMON CATALOGUE OF VARIETIES .  2 . A VARIETY SHALL BE REGARDED AS STABLE IF , AFTER SUCCESSIVE PROPAGATION OR MULTIPLICATIONS OR AT THE END OF EACH CYCLE ( WHERE THE BREEDER HAS DEFINED A PARTICULAR CYCLE OF PROPAGATION OF MULTIPLICATIONS ) IT REMAINS TRUE TO THE DESCRIPTION OF ITS ESSENTIAL CHARACTERISTICS .  3 . A VARIETY SHALL BE REGARDED AS SUFFICIENTLY UNIFORM IF , APART FROM A VERY FEW ABERRATIONS , THE PLANTS OF WHICH IT IS COMPOSED ARE , ACCOUNT BEING TAKEN OF THE DISTINCTIVE FEATURES OF THE REPRODUCTIVE SYSTEMS OF THE PLANTS , SIMILAR OR GENETICALLY IDENTICAL AS REGARDS THE CHARACTERS , TAKEN AS A WHOLE , WHICH ARE CONSIDERED FOR THIS PURPOSE .  4 . THE VALUE OF A VARIETY FOR CULTIVATION OR USE SHALL BE REGARDED AS SATISFACTORY IF , COMPARED TO OTHER VARIETIES ACCEPTED IN THE CATALOGUE OF THE MEMBER STATE IN QUESTION , ITS QUALITIES , TAKEN AS A WHOLE , OFFER , AT LEAST AS FAR AS PRODUCTION IN ANY GIVEN REGION IS CONCERNED , A CLEAR IMPROVEMENT EITHER FOR CULTIVATION OR AS REGARDS THE USES WHICH CAN BE MADE OF THE CROPS OR THE PRODUCTS DERIVED THEREFROM . WHERE OTHER , SUPERIOR CHARACTERISTICS ARE PRESENT , INDIVIDUAL INFERIOR CHARACTERISTICS MAY BE DISREGARDED .  ARTICLE 6  THE MEMBER STATES SHALL ENSURE THAT VARIETIES COMING FROM OTHER MEMBER STATES ARE SUBJECT TO THE SAME REQUIREMENTS , IN PARTICULAR AS REGARDS THE ACCEPTANCE PROCEDURE , AS THOSE WHICH APPLY TO DOMESTIC VARIETIES .  ARTICLE 7  1 . THE MEMBER STATES SHALL PROVIDE THAT THE ACCEPTANCE OF VARIETIES BE BASED ON THE RESULTS OF OFFICIAL EXAMINATIONS , PARTICULARLY GROWING TRIALS , COVERING A SUFFICIENT NUMBER OF CHARACTERISTICS FOR THE VARIETY TO BE DESCRIBED . THE METHODS USED FOR DETERMINING CHARACTERS MUST BE EXACT AND RELIABLE .  2 . THE FOLLOWING SHALL BE FIXED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 23 , ACCOUNT BEING TAKEN OF CURRENT SCIENTIFIC AND TECHNICAL KNOWLEDGE :  ( A ) THE CHARACTERISTICS TO BE COVERED AS A MINIMUM BY THE EXAMINATIONS OF THE VARIOUS SPECIES ;  ( B ) THE MINIMUM REQUIREMENTS FOR CARRYING OUT THE EXAMINATIONS .  3 . WHERE EXAMINATION OF THE GENEALOGICAL COMPONENTS IS NECESSARY IN ORDER TO STUDY HYBRIDS AND SYNTHETIC VARIETIES , THE MEMBER STATES SHALL ENSURE THAT THE RESULTS OF THE EXAMINATION AND THE DESCRIPTION OF THE GENEALOGICAL COMPONENTS ARE , IF THE BREEDER SO REQUESTS , TREATED AS CONFIDENTIAL .  ARTICLE 8  THE MEMBER STATES SHALL REQUIRE THAT WHEN LODGING AN APPLICATION FOR THE ACCEPTANCE OF A VARIETY , THE APPLICANT INDICATE WHETHER ACCEPTANCE HAS ALREADY BEEN APPLIED FOR IN ANOTHER MEMBER STATE , WHICH MEMBER STATE WAS CONCERNED AND WHETHER THE APPLICATION WAS GRANTED .  ARTICLE 9  1 . EACH MEMBER STATE SHALL ARRANGE FOR OFFICIAL PUBLICATION OF THE CATALOGUE OF VARIETIES ACCEPTED IN ITS TERRITORY AND OF THE NAME OF THE PERSON OR PERSONS RESPONSIBLE FOR MAINTENANCE OF THE VARIETY IN ITS COUNTRY . WHEN SEVERAL PERSONS ARE RESPONSIBLE FOR THE MAINTENANCE OF A VARIETY , THE NAMES NEED NOT BE PUBLISHED . IF THE NAMES ARE NOT PUBLISHED , THE CATALOGUE SHALL INDICATE THE AUTHORITY HOLDING THE LIST OF NAMES OF PERSONS RESPONSIBLE FOR MAINTENANCE OF THE VARIETY .  2 . THE MEMBER STATES SHALL , AS FAR AS POSSIBLE , ENSURE AT THE TIME OF ACCEPTANCE THAT THE VARIETY IS KNOWN BY THE SAME NAME IN ALL MEMBER STATES .  IF IT IS KNOWN THAT SEED OR PROPAGATING MATERIAL OF A GIVEN VARIETY ARE MARKETED IN ANOTHER COUNTRY UNDER A DIFFERENT NAME , THAT NAME SHALL ALSO BE INDICATED IN THE CATALOGUE .  3 . THE MEMBER STATES SHALL COMPILE A FILE ON EACH VARIETY ACCEPTED , CONTAINING A DESCRIPTION OF THE VARIETY AND A CLEAR SUMMARY OF ALL THE FACTS ON WHICH THE ACCEPTANCE WAS BASED . THE DESCRIPTION OF THE VARIETIES SHALL RELATE TO PLANTS PRODUCED DIRECTLY FROM SEED AND YOUNG PLANTS OF THE CATEGORY " CERTIFIED SEED AND PROPAGATING MATERIAL " .  ARTICLE 10  1 . THE CATALOGUE OF VARIETIES AND ANY AMENDMENTS MADE TO IT SHALL BE SENT FORTHWITH TO THE OTHER MEMBER STATES AND THE COMMISSION .  2 . THE MEMBER STATES SHALL , FOR EACH NEW VARIETY ACCEPTED , SEND THE OTHER MEMBER STATES AND THE COMMISSION A BRIEF DESCRIPTION OF ITS MOST IMPORTANT CHARACTERISTICS FOR USE .  3 . EACH MEMBER STATE SHALL MAKE AVAILABLE TO THE OTHER MEMBER STATES AND THE COMMISSION THE FILES REFERRED TO IN ARTICLE 9 ( 3 ) ON THE VARIETIES WHICH ARE ACCEPTED OR WHICH HAVE CEASED TO BE ACCEPTED . INFORMATION EXCHANGED CONCERNING THESE FILES SHALL BE TREATED AS CONFIDENTIAL .  4 . THE MEMBER STATES SHALL ENSURE THAT THE ACCEPTANCE FILES ARE MADE AVAILABLE FOR THE PERSONAL AND EXCLUSIVE USE OF ANY PERSON ABLE TO SHOW A LEGITIMATE INTEREST . THESE PROVISIONS SHALL NOT APPLY WHERE THE INFORMATION MUST UNDER ARTICLE 7 ( 3 ) BE TREATED AS CONFIDENTIAL .  5 . WHERE ACCEPTANCE OF A VARIETY IS REFUSED OR REVOKED , THE RESULTS OF THE EXAMINATIONS SHALL BE MADE AVAILABLE TO PERSONS AFFECTED BY SUCH DECISION .  ARTICLE 11  1 . THE MEMBER STATES SHALL PROVIDE THAT THE VARIETIES ACCEPTED MUST BE MAINTAINED ACCORDING TO ACCEPTED PRACTICES FOR THE MAINTENANCE OF THE VARIETY .  2 . IT MUST AT ALL TIMES BE POSSIBLE TO CHECK MAINTENANCE FROM THE RECORDS KEPT BY THE PERSON OR PERSONS RESPONSIBLE FOR THE VARIETY . THESE RECORDS SHALL ALSO COVER THE PRODUCTION OF ALL GENERATIONS PRIOR TO BASIC SEED OR PROPAGATING MATERIAL .  3 . SAMPLES MAY BE REQUESTED FROM THE PERSON RESPONSIBLE FOR THE VARIETY . SUCH SAMPLES MAY IF NECESSARY BE TAKEN OFFICIALLY .  4 . WHERE MAINTENANCE TAKES PLACE IN A MEMBER STATE OTHER THAN THE ONE IN WHICH THE VARIETY WAS ACCEPTED , THE MEMBER STATES CONCERNED SHALL ASSIST EACH OTHER ADMINISTRATIVELY AS REGARDS CONTROL .  ARTICLE 12  1 . ACCEPTANCE SHALL BE VALID UNTIL THE END OF THE TENTH CALENDAR YEAR FOLLOWING ACCEPTANCE .  2 . ACCEPTANCE OF A VARIETY MAY BE RENEWED AT GIVEN INTERVALS IF IT IS STILL CULTIVATED ON SUCH A SCALE AS TO JUSTIFY THIS AND PROVIDED THAT THE REQUIREMENTS AS TO DISTINCTNESS , UNIFORMITY AND STABILITY ARE STILL SATISFIED . APPLICATIONS FOR RENEWAL SHALL BE SUBMITTED NOT LATER THAN TWO YEARS BEFORE EXPIRY OF ACCEPTANCE .  3 . THE PERIOD OF VALIDITY OF ACCEPTANCE SHALL BE EXTENDED PROVISIONALLY UNTIL A DECISION IS TAKEN ON THE APPLICATION FOR RENEWAL .  ARTICLE 13  1 . THE MEMBER STATES SHALL ENSURE THAT ACCEPTANCE OF A VARIETY IS REVOKED :  ( A ) IF IT IS PROVED , ON EXAMINATION , THAT THE VARIETY IS NO LONGER DISTINCT , STABLE OR SUFFICIENTLY UNIFORM ,  ( B ) IF THE PERSON OR PERSONS RESPONSIBLE FOR THE VARIETY SO REQUEST , UNLESS THERE IS MAINTENANCE OF THE VARIETY .  2 . MEMBER STATES MAY REVOKE THE ACCEPTANCE OF A VARIETY :  ( A ) IF THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS ADOPTED IN PURSUANCE OF THIS DIRECTIVE ARE NOT COMPLIED WITH ,  ( B ) IF , AT THE TIME OF THE APPLICATION FOR ACCEPTANCE OR DURING EXAMINATION , FALSE OR FRAUDULENT PARTICULARS WERE SUPPLIED CONCERNING THE FACTORS ON THE BASIS OF WHICH ACCEPTANCE WAS GRANTED .  ARTICLE 14  1 . THE MEMBER STATES SHALL ENSURE THAT A VARIETY IS DELETED FROM THEIR CATALOGUES IF ACCEPTANCE OF THE VARIETY HAS BEEN REVOKED OR IF THE PERIOD OF VALIDITY OF THE ACCEPTANCE HAS EXPIRED .  2 . MEMBER STATES MAY , IN RESPECT OF THEIR OWN TERRITORY , ALLOW A PERIOD OF NOT MORE THAN THREE YEARS AFTER EXPIRY OF THE ACCEPTANCE FOR THE DISPOSAL OF SEED OR PROPAGATING MATERIAL .  ARTICLE 15  1 . THE MEMBER STATES SHALL ENSURE THAT AFTER EXPIRY OF A PERIOD ENDING ON 31 DECEMBER OF THE SECOND YEAR FOLLOWING THAT IN WHICH A VARIETY WAS ACCEPTED SEED AND PROPAGATING MATERIAL OF VARIETIES ACCEPTED AFTER 1 JULY 1972 IN ONE OR MORE MEMBER STATES IN ACCORDANCE WITH THE PROVISIONS OF THIS DIRECTIVE ARE SUBJECT TO NO MARKETING RESTRICTIONS RELATING TO VARIETY .  2 . BY WAY OF DEROGATION FROM PARAGRAPH 1 , A MEMBER STATE MAY BE AUTHORIZED , UPON APPLICATION LODGED BEFORE THE EXPIRY OF THE PERIOD SPECIFIED ABOVE , WHICH WILL BE DEALT WITH AS PROVIDED IN ARTICLE 23 , TO PROHIBIT THE MARKETING IN ALL OR PART OF ITS TERRITORY OF SEED AND PROPAGATING MATERIAL OF THE VARIETY IN QUESTION .  3 . THE AUTHORIZATION PROVIDED FOR IN PARAGRAPH 2 SHALL BE GRANTED ONLY IN THE FOLLOWING CASES :  ( A ) WHERE THE VARIETY IS NOT DISTINCT , STABLE OR SUFFICIENTLY UNIFORM , OR  ( B ) WHERE IT IS ESTABLISHED THAT THE CULTIVATION OF THE VARIETY COULD BE HARMFUL FROM THE POINT OF VIEW OF PLANT HEALTH TO THE CULTIVATION OF OTHER VARIETIES OR SPECIES , OR  ( C ) WHERE OFFICIAL GROWING TRIALS CARRIED OUT IN THE APPLICANT MEMBER STATE , ARTICLE 5 ( 4 ) BEING APPLIED CORRESPONDINGLY , SHOW THAT THE VARIETY DOES NOT , IN ANY PART OF ITS TERRITORY , PRODUCE RESULTS CORRESPONDING TO THOSE OBTAINED FROM A COMPARABLE VARIETY ACCEPTED IN THE TERRITORY OF THAT MEMBER STATE .  4 . IF , IN RESPECT OF ANY GIVEN VARIETY , A MEMBER STATE DOES NOT INTEND TO LODGE AN APPLICATION UNDER THE PROCEDURE LAID DOWN IN PARAGRAPH 2 , IT SHALL SO NOTIFY THE COMMISSION OR MAKE A STATEMENT TO THE STANDING COMMITTEE ON SEEDS AND PROPAGATING MATERIAL TO THAT EFFECT .  5 . WHERE ALL THE MEMBER STATES MAKE THE NOTIFICATION OR THE STATEMENT PROVIDED FOR IN PARAGRAPH 4 , THE PERIOD PROVIDED FOR IN PARAGRAPH 1 SHALL NO LONGER APPLY AND ARTICLE 18 SHALL BE PUT INTO EFFECT .  6 . IF AT THE TIME OF ITS ACCEPTANCE IN ONE MEMBER STATE A VARIETY IS ALSO ALREADY BEING EXAMINED IN ANOTHER MEMBER STATE WITH A VIEW TO ACCEPTANCE , THE PERIOD PROVIDED FOR IN PARAGRAPH 1 SHALL FOR THE LATTER MEMBER STATE BE SHORTENED BY THE PERIOD OF THE EXAMINATIONS .  7 . THE PERIOD PROVIDED FOR IN PARAGRAPH 1 MAY BE EXTENDED BEFORE EXPIRY IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 23 , WHERE THERE IS GOOD REASON .  ARTICLE 16  ARTICLE 15 SHALL ALSO APPLY TO VARIETIES ACCEPTED BY THE INDIVIDUAL MEMBER STATES BEFORE 1 JULY 1972 IN ACCORDANCE WITH PRINCIPLES CORRESPONDING TO THOSE OF THIS DIRECTIVE , WHERE :  ( A ) THE VARIETY WAS ACCEPTED AFTER 30 JUNE 1967 , OR  ( B ) THE VARIETY WAS ACCEPTED BEFORE THE DATE REFERRED TO IN ( A ) IN TWO OR MORE MEMBER STATES , OR  ( C ) THE VARIETY WAS ACCEPTED BEFORE THE DATE REFERRED TO IN ( A ) IN ONE MEMBER STATE , PROVIDED THAT IN THAT MEMBER STATE THE PROPORTION OF THE AREA USED FOR MULTIPLICATION OF THE VARIETY WHICH WAS PRESENTED FOR FIELD INSPECTION WITH A VIEW TO CERTIFICATION REPRESENTED , AFTER THE DATE REFERRED TO UNDER ( A ) AND IN EACH OF THREE GROWING SEASONS , AT LEAST 3 % OF THE TOTAL AREA USED FOR MULTIPLICATION OF THE SPECIES .  ARTICLE 17  THE PERIOD PROVIDED FOR IN ARTICLE 15 ( 1 ) SHALL , FOR THE CASES REFERRED TO IN ARTICLE 16 ( A ) AND ( B ) , RUN FROM 1 JULY 1972 AND FOR THE CASE REFERRED TO IN ARTICLE 16 ( C ) FROM THE DATE ON WHICH THE MEMBER STATE INFORMS THE COMMISSION THAT THAT REQUIREMENT IS SATISFIED .  ARTICLE 18  THE COMMISSION SHALL , ON THE BASIS OF THE INFORMATION SUPPLIED BY THE MEMBER STATES AND AS THIS IS RECEIVED , PUBLISH IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES UNDER THE TITLE " COMMON CATALOGUE OF VARIETIES OF AGRICULTURAL PLANT SPECIES " A LIST OF ALL VARIETIES OF WHICH THE SEED AND PROPAGATING MATERIAL , UNDER ARTICLES 15 AND 16 , ARE NOT SUBJECT TO ANY MARKETING RESTRICTIONS AS REGARDS VARIETY , AND ALSO THE INFORMATION REQUIRED UNDER ARTICLE 9 ( 1 ) CONCERNING THE PERSON OR PERSONS RESPONSIBLE FOR MAINTENANCE OF THE VARIETY . THE PUBLISHED NOTICE SHALL INDICATE THE MEMBER STATES WHICH HAVE RECEIVED AN AUTHORIZATION UNDER ARTICLE 15 ( 2 ) OR ARTICLE 19 .  ARTICLE 19  IF IT IS ESTABLISHED THAT THE CULTIVATION OF A VARIETY INCLUDED IN THE COMMON CATALOGUE OF VARIETIES COULD IN ANY MEMBER STATE BE HARMFUL FROM THE POINT OF VIEW OF PLANT HEALTH TO THE CULTIVATION OF OTHER VARIETIES OR SPECIES , THAT MEMBER STATE MAY UPON APPLICATION , WHICH WILL BE DEALT WITH AS PROVIDED IN ARTICLE 23 , BE AUTHORIZED TO PROHIBIT THE MARKETING OF THE SEED OR PROPAGATING MATERIAL OF THAT VARIETY IN ALL OR PART OF ITS TERRITORY . WHERE THERE IS IMMINENT DANGER OF THE SPREAD OF HARMFUL ORGANISMS , AND UNTIL SUCH TIME AS A FINAL DECISION HAS BEEN TAKEN IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 23 , THIS PROHIBITION MAY BE IMPOSED BY THE MEMBER STATE CONCERNED AS SOON AS ITS APPLICATION HAS BEEN LODGED .  ARTICLE 20  WHERE A VARIETY CEASES TO BE ACCEPTED IN THE MEMBER STATE WHICH INITIALLY ACCEPTED IT , ONE OR MORE OTHER MEMBER STATES MAY CONTINUE TO ACCEPT THAT VARIETY PROVIDED THAT THE REQUIREMENTS FOR ACCEPTANCE CONTINUE TO BE MET IN THEIR TERRITORY AND THAT MAINTENANCE REMAINS ASSURED .  ARTICLE 21  1 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL DETERMINE WHETHER :  ( A ) THE OFFICIAL EXAMINATIONS OF VARIETIES CARRIED OUT IN THE THIRD COUNTRY AFFORD THE SAME ASSURANCES AS THOSE PROVIDED FOR IN ARTICLE 7 AND CARRIED OUT IN THE MEMBER STATES ;  ( B ) THE CHECKS ON PRACTICES FOR THE MAINTENANCE OF VARIETIES CARRIED OUT IN THE THIRD COUNTRY AFFORD THE SAME ASSURANCES AS THOSE CARRIED OUT BY THE MEMBER STATES .  2 . UNTIL SUCH TIME AS THE COUNCIL HAS TAKEN A DECISION UNDER PARAGRAPH 1 , THE MEMBER STATES SHALL BE FREE TO TAKE SUCH DECISIONS THEMSELVES . THIS RIGHT SHALL EXPIRE ON 1 JULY 1977 .  ARTICLE 22  THIS DIRECTIVE SHALL NOT APPLY TO VARIETIES THE SEED OR PROPAGATING MATERIAL OF WHICH ARE SHOWN TO BE INTENDED FOR EXPORT TO THIRD COUNTRIES .  ARTICLE 23  1 . WHERE THE PROCEDURE LAID DOWN IN THIS ARTICLE IS TO BE FOLLOWED , MATTERS SHALL BE REFERRED BY THE CHAIRMAN , EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE , TO THE STANDING COMMITTEE ON SEEDS AND PROPAGATING MATERIAL FOR AGRICULTURE , HORTICULTURE AND FORESTRY ( HEREINAFTER CALLED THE " COMMITTEE " ) .  2 . WITHIN THE COMMITTEE , THE VOTES OF THE MEMBER STATES SHALL BE WEIGHTED AS PROVIDED IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .  3 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT A DRAFT OF THE MEASURES TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON SUCH MEASURES WITHIN A TIME LIMIT SET BY THE CHAIRMAN ACCORDING TO THE URGENCY OF THE MATTER . OPINIONS SHALL BE DELIVERED BY A MAJORITY OF TWELVE VOTES .  4 . THE COMMISSION SHALL ADOPT MEASURES WHICH SHALL APPLY IMMEDIATELY . HOWEVER , IF THESE MEASURES ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , THEY SHALL FORTHWITH BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL . IN THAT EVENT THE COMMISSION MAY DEFER APPLICATION OF THE MEASURES WHICH IT HAS ADOPTED FOR NOT MORE THAN ONE MONTH FROM THE DATE OF SUCH COMMUNICATION .  THE COUNCIL , ACTING BY A QUALIFIED MAJORITY , MAY TAKE A DIFFERENT DECISION WITHIN ONE MONTH .  ARTICLE 24  SAVE AS OTHERWISE PROVIDED IN ARTICLES 15 , 16 AND 19 , THIS DIRECTIVE SHALL BE WITHOUT PREJUDICE TO THE PROVISIONS OF NATIONAL LAWS JUSTIFIED ON GROUNDS OF THE PROTECTION OF HEALTH AND LIFE OF HUMANS , ANIMALS OR PLANTS OR THE PROTECTION OF INDUSTRIAL OR COMMERCIAL PROPERTY .  ARTICLE 25  THE MEMBER STATES SHALL , NOT LATER THAN 1 JULY 1972 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 26  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 29 SEPTEMBER 1970 .  FOR THE COUNCIL  THE PRESIDENT  J . ERTL