Avis juridique important

|

31980L0781

Council Directive 80/781/EEC of 22 July 1980 amending Directive 73/173/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (solvents)

Official Journal L 229 , 30/08/1980 P. 0057 - 0062 Finnish special edition: Chapter 13 Volume 10 P. 0244  Greek special edition: Chapter 13 Volume 9 P. 0150  Swedish special edition: Chapter 13 Volume 10 P. 0244  Spanish special edition: Chapter 13 Volume 11 P. 0065  Portuguese special edition Chapter 13 Volume 11 P. 0065

COUNCIL DIRECTIVE  of 22 July 1980  amending Directive 73/173/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (solvents)  (80/781/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas, for the better protection of the general public and, in particular, of persons who come into contact with dangerous solvent preparations in the course of their work or in the pursuit of a hobby, it is necessary to extend the scope of Council Directive 73/173/EEC of 4 June 1973 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (solvents) (3);  Whereas the Directive will henceforth apply to not only mixtures of two or more dangerous solvents but also mixtures of solvents with other non-dangerous substances when they are intended to be used as solvents ; whereas corrosive, irritant, highly flammable and flammable solvents are now likewise brought within the scope of the Directive;  Whereas it is desirable that the scope of this Directive be more clearly defined with respect to other Directives relating to products which likewise contain dangerous solvents;  Whereas the provisions concerning the information appearing on the label, the dimensions of the label and the assignment of the various danger symbols have also to be brought into line with Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous substances (4), as last amended by Directive 79/831/EEC (5);  Whereas the necessary amendment and amplification of the Annex to Directive 73/173/EEC will be carried out under the procedure provided for in Article 10 thereof,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Articles 1 to 10 of Directive 73/173/EEC shall be replaced by the following:  "Article 1    1. This Directive shall concern:      - the classification           - the packaging           - the labelling             of the following preparations which are placed on the market in the Member States of the Community and are considered as dangerous within the meaning of Article 2:      (a) preparations intended for use as solvents and containing only the substances listed in the Annex hereto, including those which contain impurities or additives as defined in Article 2 (5);           (b) preparations intended for use as solvents and containing, in addition to the substances listed in the Annex hereto, liquid substances classified as extremely flammable, highly flammable or flammable as defined in Article 2 (2) of Directive 67/548/EEC of 27 June 1967 (hereinafter referred to as "the Directive of 27 June 1967") and/or substances not defined as dangerous in the same Article of that Directive.  (1)OJ No C 182, 31.7.1978, p. 62. (2)OJ No C 269, 13.11.1978, p. 35. (3)OJ No L 189, 11.7.1973, p. 7. (4)OJ No 196, 16.8.1967, p. 1/67. (5)OJ No L 259, 15.10.1979, p. 10.                 2. This Directive shall not apply to cosmetic preparations coming under Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1).     3. Furthermore, this Directive shall not apply to the following:      (a) medicines, narcotics, radioactive substances, foodstuffs and animal feed;           (b) additives for foodstuffs and animal feed, fertilizers, pesticides and paints, varnishes, printing inks, adhesives and similar products where Community Directives on the classification, packaging and labelling of such preparations are in force, except where the Directives in question refer specifically to this Directive;           (c) the carriage of dangerous preparations (solvents) by rail, road, inland waterway, sea or air;           (d) munitions and explosives placed on the market with a view to producing a practical effect by explosion or a pyrotechnic effect;           (e) dangerous preparations exported to third countries;           (f) preparations in transit subject to customs supervision, provided that they do not undergo any treatment or processing;           (g) substances which are in the form of waste and which are covered by Council Directive 75/442/EEC of 15 July 1975 relating to waste (2) and Council Directive 78/319/EEC of 20 March 1978 relating to toxic and dangerous waste (3).                4. Articles 4 to 6 of this Directive shall not apply to containers for gaseous preparations which are compressed, liquefied or dissolved under pressure, with the exception of aerosols as defined in Article 2 of Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (4).     5. The definitions specified in Article 2 of the Directive of 27 June 1967 shall apply to this Directive, with the exception of those in (1) (c) and (d) and in (2) (k).      Article 2 1. Dangerous substances as defined in the Directive of 27 June 1967 and used as solvents shall be divided into classes and sub-classes in accordance with the Annex hereto.  Very toxic and toxic substances are under class I, harmful substances under class II. Each sub-class shall be given a classification index I1 and an exemption index I2, as in the table below: >PIC FILE= "T0013743">   2. Preparations containing one or more of the substances listed in the Annex hereto shall be considered toxic if the sum of the products obtained by multiplying the weight percentage of each toxic or harmful substance in a preparation by its respective I1 index exceeds 500, that is: >PIC FILE= "T0013744">   where,  P is the weight percentage of each substance in the preparation, I1 is the index corresponding to the class of the substance.  3. Preparations containing one or more substances listed in the Annex hereto shall be considered harmful if:    (a) the sum of the products specified in paragraph 2 is less than or equal to 500 that is: >PIC FILE= "T0013745">   and       (b) the sum of the products obtained by multiplying the weight percentage of each toxic or harmful  (1)OJ No L 262, 27.9.1976, p. 169. (2)OJ No L 194, 25.7.1975, p. 39. (3)OJ No L 84, 31.3.1978, p. 43. (4)OJ No L 147, 9.6.1975, p. 40.  substance in a preparation by its respective I2 index exceeds 100, that is: >PIC FILE= "T0013746">   where,  P is the weight percentage of each substance in the preparation, I1 and I2 are the indices corresponding to the class of the substance.         4. Preparations containing one or more of the substances listed in the Annex hereto shall not be classified as toxic or harmful if the sum of the products obtained by multiplying the weight percentage of each toxic or harmful substance in a preparation by its respective I2 index is less than or equal to 100, that is: >PIC FILE= "T0013747">   where,  P is the weight percentage of each substance in the preparation, I2 is the index corresponding to the class of the substance.  5. No account shall be taken of substances listed in the Annex hereto, whether existing as impurities or as additives in preparations covered by this Directive, if their concentration by weight is less than the following values:    - 0 72 % in the case of class I substances;       - 1 % in the case of class II substances or substances classified as corrosive;       - 2 % in the case of substances classified as irritant.         Impurities or additives which are not mentioned in the Annex to this Directive but which are given in Annex I to the Directive of 27 June 1967 shall be considered as follows:    - as belonging to class I/a, in the case of substances classified as very toxic or toxic;       - as belonging to class II/a, in the case of substances classified as harmful.         6. Preparations shall be considered    (a) corrosive:  if they contain one or more of the substances classified as corrosive in the Annex in an individual concentration which exceeds the limit specified therein or in a total concentration which exceeds the limits also specified therein;       (b) irritant:  if they contain one or more of the substances classified as irritant or corrosive in the Annex in an individual concentration which exceeds the limit specified therein or in a total concentration which exceeds the limits also specified therein.         7. Preparations shall be considered extremely flammable:  if they are in liquid form and their flash point, as determined by one of the methods laid down in Annex V (A) to the Directive of 27 June 1967, is below 0 ºC and their boiling point is less than 35 ºC.  8. Preparations shall be considered highly flammable:  if they are in liquid form and their flash point, as determined by one of the methods laid down in Annex V (A) to the Directive of 27 June 1967, is below 21 ºC.  9. Preparations shall be considered flammable:  if they are in liquid form and their flash point, as determined by one of the abovementioned methods, is equal to or greater than 21 ºC and less than or equal to 55 ºC.  10. Preparations in the form of aerosols shall be subject to the flammability criteria set out in paragraphs 1.8 and 2.2 (c) of the Annex to Directive 75/324/EEC.   Article 3 Member States shall take all necessary measures to ensure that dangerous preparations (solvents) are not placed on the market unless they comply with the provisions of this Directive and the Annex thereto.   Article 4 Member States shall take all necessary measures to ensure that dangerous preparations (solvents) are not placed on the market unless their packages and fastenings comply with the requirements of Article 15 of the Directive of 27 June 1967.   Article 5 1. Member States shall take all necessary measures to ensure that preparations classified as dangerous  in accordance with Article 2 are not placed on the market unless the labelling on the package complies with the following requirements.  2. The following information shall be clearly and indelibly inscribed on the package of any preparation considered to be dangerous in accordance with Article 2:    (a) the trade name or designation of the preparation;       (b)   -  the chemical name(s) of the very toxic or toxic substance(s) of which more than 0 72 % is present and the percentage or percentage zone on the following scale: >PIC FILE= "T0013748">   Indication of the name of the substance(s) and of the percentage(s) shall not, however, be necessary if the preparation is neither toxic nor harmful;      - the chemical name(s) of the harmful substance(s) if the concentration thereof exceeds the following values:           - 3 % by weight in the case of class II/a substances           - 6 % by weight in the case of class II/b substances           - 10 % by weight in the case of class II/c substances           - 20 % by weight in the case of class II/d substances             Indication of the chemical name shall not, however, be necessary if the preparation is neither toxic nor harmful;      - the chemical name of the corrosive substance(s) if the concentration thereof exceeds the lowest values mentioned in the Annex;           - the chemical name of the irritant substances if they are accompanied by the risk indications R 42, R 43 or R 42/43 given in Annex I to the Directive of 27 June 1967 and if their concentration exceeds the limits laid down in the Annex;           - the words "irritant solvents" if the preparation contains irritant substances other than those defined in the preceding indent in a concentration exceeding the value laid down in the Annex ; such indication shall not be necessary if the preparation is already classified as corrosive.             The chemical name shall be the designation listed in Annex I to the Directive of 27 June 1967.  The chemical name(s) of the substance(s) need not be stated if the preparation is classified as highly flammable or flammable only.       (c) the name and address of the manufacturer or of any other person placing the preparation on the market;       (d) symbols where specified in this Directive and indications of danger involved in the use of the preparation in accordance with Article 16 (2) (c) of the Directive of 27 June 1967, read in conjunction with Annex V thereto, and in the case of aerosol preparations, in accordance with paragraphs 1.8 and 2.2 (c) of the Annex to Directive 75/324/EEC where flammability hazards are concerned;       (e) one or more standard phrases indicating the special risks involved in the use of the preparation;       (f) oe or more standard phrases indicating the safety advice relating to the use of the preparation.         3. The indications concerning special risks shall conform to the wording in Annex III to the Directive of 27 June 1967 and shall be selected by the manufacturer or any other person placing the preparation on the market.  No more than four standard indications need be shown. If the preparation falls within several danger categories, these standard indications shall cover all the principal hazards associated with the preparation.  4. The indications concerning safety advice shall conform to the wording in Annex IV to the Directive of 27 June 1967 and shall be selected by the manufacturer or any other person placing the preparation on the market. No more than four standard indications need be shown.  5. The package shall be accompanied by safety advice on the use of the preparation where it is physically impossible for this to be given on the label or package itself.   6. For irritant, highly flammable and flammable preparations, it is not necessary to indicate the special risks and safety advice if the package contains no more than 125 ml. This shall also apply in the case of harmful preparations of the same volume not retailed to the general public.  7. The provisions of Article 2 (5) of this Directive shall apply by analogy to labelling.  8. When more than one danger symbol is assigned to a preparation, the following shall apply:    - the obligation to indicate the symbol T makes the symbols X and C optional;       - the obligation to indicate the symbol C makes the symbol X optional;       - the obligation to indicate the symbol E makes the symbols F and O optional.         9. If a preparation is classified as both harmful and irritant, it shall be labelled harmful and attention shall be drawn to its harmful and irritant characteristics by appropriate warnings in accordance with Annex III to the Directive of 27 June 1967.   Article 6 1. Where the particulars required by Article 5 appear on a label, that label shall be firmly affixed to one or more surfaces of the packaging so that these particulars can be read horizontally when the package is set down normally. The dimensions of the label shall be as follows:  Capacity of the package  Dimensions (in millimetres) if possible    -  not exceeding 3 litres  at least 52 × 74    -  greater than 3 litres but not exceeding 50 litres  at least 74 × 105   -  greater than 50 litres but not exceeding 500  litres  at least 105 × 148   -  greater than 500 litres  at least 148 × 210.  Each symbol shall cover at least one tenth of the surface area of the label but not be less than 1 cm2. The entire surface of the label shall adhere to the package immediately containing the preparation.  These dimensions are intended solely for provision of the information required by this Directive and if necessary of any supplementary health or safety indications.  2. A label is not required where the particulars are clearly shown on the package itself, as specified in paragraph 1.  3. The colour and presentation of the label - or, in the case of paragraph 2, of the package - shall be such that the danger symbol and its background stand out clearly from it.  4. Member States may make the placing on the market of dangerous preparations in their territories subject to the use of the official language or languages in respect of the labelling thereof.  5. For the purpose of this Directive, labelling requirements shall be deemed to be satisfied:    (a) in the case of an outer package containing one or more inner packages, if the outer package is labelled in accordance with international rules on the transport of dangerous substances and the inner package or packages are labelled in accordance with this Directive;       (b) in the case of a single package, if such a package is labelled in accordance with international rules on the transport of dangerous substances and with Article 5 (2) (a), (b), (c), (e) and (f).  Where dangerous preparations do not leave the territory of a Member State, labelling may be permitted which complies with national rules instead of with international rules on the transport of dangerous substances.   Article 7 1. Member States may:    (a) permit the labelling required by Article 5 to be applied in some other appropriate manner on packages which are either too small or otherwise unsuitable for labelling in accordance with Article 6 (1) and (2);        (b) by way of derogation from Articles 5 and 6, permit the packaging of dangerous preparations which are neither explosive nor toxic to be unlabelled or to be labelled in some other way if they contain such small quantities that there is no reason to fear any danger to persons handling such preparations or to other persons.         2. If a Member State makes use of the options provided for in paragraph 1, it shall forthwith inform the Commission thereof.   Article 8 Member States shall not prohibit, restrict or impede on the grounds of classification, packaging or labelling as defined in this Directive, the placing on the market of dangerous preparations which satisfy the requirements of this Directive and the Annex thereto.   Article 9 1. Where a Member State establishes that a dangerous preparation, although satisfying the requirements of this Directive, presents a health or safety risk necessitating a classification or labelling other than those provided for by this Directive, it may, for a period not exceeding six months, prohibit the distribution, sale or use of that preparation in its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision.  2. The Commission shall, within six weeks, consult with the Member States concerned, express its opinion without delay and take the appropriate steps. Where it deems an amendment referred to in Article 10 to be necessary, the period provided for in paragraph 1 shall be extended until the procedure laid down in Article 21 of the Directive of 27 June 1967 has been completed.   Article 10 The amendments required for adapting the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 21 of the Directive of 27 June 1967."   Article 2 1. Member States shall adopt and publish within 12 months of notification of the first Directive based on Article 10 of Directive 73/173/EEC the laws, regulations and administrative provisions needed to comply with this Directive. They shall apply these provisions within 18 months of notification of the first Directive based on Article 10 of Directive 73/173/EEC.  2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 22 July 1980.  For the Council  The President  G. THORN


title: Commission Directive 2005/6/EC of 26 January 2005 amending Directive 71/250/EEC as regards reporting and interpretation of analytical results required under Directive 2002/32/ECText with EEA relevance

text:
               27.1.2005

               EN

               Official Journal of the European Union

               L 24/33

      COMMISSION DIRECTIVE 2005/6/EC
   of 26 January 2005
   amending Directive 71/250/EEC as regards reporting and interpretation of analytical results required under Directive 2002/32/EC
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feeding-stuffs (1), and in particular Article 2 thereof,
   Whereas:

               (1)

               Commission Directive 71/250/EEC of 15 June 1971 establishing Community methods of analysis for the official control of feeding-stuffs (2) includes provisions concerning the expression of results.

               (2)

               To ensure a harmonised implementation approach to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (3) in all Member States, it is of major importance that analytical results are reported and interpreted in a uniform way.

               (3)

               Directive 71/250/EEC should therefore be amended accordingly.

               (4)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 71/250/EEC is amended as follows:

               1.

               In Article 1 the following paragraph is added after the second paragraph:
               ‘As regards undesirable substances within the meaning of Directive 2002/32/EC of the European Parliament and of the Council (4) including dioxins and dioxin-like PCBs, point C(3) of Part 1 of the Annex to this Directive shall apply.’

               2.

               The Annex is amended in accordance with the Annex to this Directive.

         Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive twelve months after the entry into force. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   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.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 26 January 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 170, 3.8.1970, p. 2. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

      (2)  OJ L 155, 12.7.1971, p. 13. Directive as last amended by Commission Directive 1999/27/EC (OJ L 118, 6.5.1999, p. 36).

      (3)  OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2003/100/EC (OJ L 285, 1.11.2003, p. 33).

      (4)  OJ L 140, 30.5.2002, p. 10.

      ANNEX
      In point C, application of methods of analysis and expression of results, of Part 1, general provisions on methods of analysis for feedingstuffs, of the Annex to Directive 71/250/EEC the following point 3 is added:

                     ‘3.

                     As regards undesirable substances within the meaning of Directive 2002/32/EC, including dioxins and dioxin-like PCBs, a product intended for animal feed shall be considered as non compliant with the established maximum content, if the analytical result is deemed to exceed the maximum content taking into account expanded measurement uncertainty and correction for recovery. The analysed concentration corrected for recovery and the expanded measurement uncertainty subtracted from the analytical result is used to assess compliance. This procedure is only applicable in cases where the method of analysis enables the estimation of measurement uncertainty and correction for recovery (eg. Not possible in case of microscopic analysis)
                     The analytical result shall be reported as follows (in so far the used method of analysis enables to estimate the measurement uncertainty and recovery rate):

                                 (a)

                                 corrected or uncorrected for recovery, the manner of reporting and the level of recovery being indicated;

                                 (b)

                                 as “x +/- U”, whereby x is the analytical result and U is the expanded measurement uncertainty, using a coverage factor of 2 which gives a level of confidence of approximately 95 %.’


title: Commission Directive 2005/67/EC of 18 October 2005 amending, for the purposes of their adaptation, Annexes I and II to Council Directive 86/298/EEC, Annexes I and II to Council Directive 87/402/EEC and Annexes I, II and III to Directive 2003/37/EC of the European Parliament and of the Council, relating to the type-approval of agricultural or forestry tractors   (Text with EEA relevance)

text:
               19.10.2005

               EN

               Official Journal of the European Union

               L 273/17

      COMMISSION DIRECTIVE 2005/67/EC
   of 18 October 2005
   amending, for the purposes of their adaptation, Annexes I and II to Council Directive 86/298/EEC, Annexes I and II to Council Directive 87/402/EEC and Annexes I, II and III to Directive 2003/37/EC of the European Parliament and of the Council, relating to the type-approval of agricultural or forestry tractors
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 86/298/EEC of 26 May 1986 on rear-mounted roll-over protection structures of narrow-tracked wheeled agricultural or forestry tractors (1), and in particular Article 12 thereof,
   Having regard to Council Directive 87/402/EEC of 25 June 1987 on roll-over protection structures mounted in front of the driver's seat in wheeled agricultural or forestry tractors (2), and in particular Article 11 thereof,
   Having regard to Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Council Directive 74/150/EEC (3), and in particular Article 19(1)(a) and (b) thereof,
   Whereas:

               (1)

               Directive 2003/37/EC introduced the fitting of seat belt anchorages as a new requirement for the agricultural or forestry whole vehicle type-approval in accordance with Council Directive 76/115/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to anchorages for motor vehicle safety belts (4). Since Directive 76/115/EEC concerns the type-approval of different categories of non-agricultural motor vehicles, it is necessary to specify which requirements of that Directive shall apply to certain agricultural or forestry tractors.

               (2)

               The requirements in Appendix 1 of Annex I to Directive 76/115/EEC for forward facing centre seats of vehicle category N3 are appropriate for tractors of a maximum design speed of 40 km/h or less.

               (3)

               On 29 March 2005, the Council of the OECD approved Decision C(2005) 1, which establishes new versions of the OECD codes for the testing of agricultural and forestry tractors.

               (4)

               It is appropriate to adapt the references to the OECD codes in Directives 2003/37/EC, 86/298/EEC and 87/402/EEC in order to take account of Decision C(2005) 1 of the OECD Council.

               (5)

               Directives 86/298/EEC, 87/402/EEC and 2003/37/EC should therefore be amended accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Committee established under Article 20(1) of Directive 2003/37/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes I, II and III to Directive 2003/37/EC are amended in accordance with Annex I to this Directive.
   Article 2
   Annexes I and II to Directive 86/298/EEC are amended in accordance with Annex II to this Directive.
   Article 3
   Annexes I and II to Directive 87/402/EEC are amended in accordance with Annex III to this Directive.
   Article 4
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2005 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 5
   This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 18 October 2005.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 186, 8.7.1986, p. 26. Directive as last amended by the 2003 Act of Accession.

      (2)  OJ L 220, 8.8.1987, p. 1. Directive as last amended by the 2003 Act of Accession.

      (3)  OJ L 171, 9.7.2003, p. 1. Directive as last amended by Commission Directive 2005/13/EC (OJ L 55, 1.3.2005, p. 35).

      (4)  OJ L 24, 30.1.1976, p. 6. Directive as last amended by Commission Directive 96/38/EC (OJ L 187, 26.1.1996, p. 95).

      ANNEX I
      Annexes I, II and III to Directive 2003/37/EC are amended as follows:

                  1.

                  In Annex I, Part 4, item 3.6.1, the words ‘OECD Code 1 or 2’ are replaced by ‘OECD Code 2’.

                  2.

                  Annex II is amended as follows:

                              (a)

                              in line 26.1, Chapter B, Part I, the words ‘Seat belt attachment points’ are replaced by ‘Seat belt anchorages (1).

                              (b)

                              Part II.C of Chapter B is replaced by the following:
                              ‘Part II. C
                              Correspondence with the OECD standardised codes
                              The test bulletins (complete) which conform to the OECD codes given below may be used in place of the test reports drawn up in compliance with the corresponding separate directives.

                                          Number given in the table in Part I (separate directives)

                                          Subject

                                          OECD codes (2)

                                          10.1.

                                          77/536/EEC

                                          Official tests on the protection structures of agricultural or forestry tractors (dynamic testing)

                                          Code 3

                                          26.1.

                                          76/115/EEC

                                          16.1.

                                          79/622/EEC

                                          Official tests on protective structures for agricultural or forestry tractors (static test)

                                          Code 4

                                          26.1.

                                          76/115/EEC

                                          19.1.

                                          86/298/EEC

                                          Official tests on the rear-mounted protection structures of narrow-track wheeled agricultural or forestry tractors

                                          Code 7

                                          26.1.

                                          76/115/EEC

                                          21.1.

                                          87/402/EEC

                                          Official tests on protection structures mounted on the front of narrow-track wheeled agricultural or forestry tractors

                                          Code 6

                                          26.1.

                                          76/115/EEC

                                          SD (3)

                                          Official tests on the protection structures of agricultural or forestry track-laying tractors

                                          Code 8

                                          26.1.

                                          76/115/EEC

                  3.

                  In Annex III, Part I.A, item 3.6.1, the words ‘OECD Code 1 or 2’ are replaced by ‘OECD Code 2’.

         (1)  The minimum number of anchorage points required for tractors of categories T1, T2, T3, C1, C2 and C3 is two, established in Annex I, Appendix 1 to Directive 76/115/EEC for forward facing centre seats of vehicle category N3. The test loads laid down in points 5.4.3 and 5.4.4 of Annex I to that Directive for vehicles of category N3 shall apply to those tractor categories.’

         (2)  Test bulletins must be in conformity with OECD Decision C(2005) 1. The equivalence of the test bulletins can only be recognised for seat belt anchorages if these have been tested.
      The test bulletins in conformity with the Codes following Decision C(2000) 59 as last amended by Decision C(2003) 252 may be also accepted during a transitional period of one year starting of the date of publication of Decision C(2005) 1 on the OECD website, i.e. up to 21 April 2006.

         (3)  SD: to be covered by a separate directive.’

      ANNEX II
      Annexes I and II to Directive 86/298/EEC are amended as follows:

                  1.

                  In Annex I, point 1 is replaced by the following:

                              ‘1.

                              The definitions and requirements of point 1 of Code 7 of OECD Decision C(2005) 1 of 29 March 2005, with the exception of point 1.1, shall apply.’

                  2.

                  Annex II is replaced by the following text:

                     ‘ANNEX II
                     Technical requirements
                     The technical requirements for the EC type-approval of rear-mounted roll-over protection structures of narrow-track wheeled agricultural or forestry tractors shall be those set out in point 3 of Code 7 of the OECD Decision C(2005) 1 of 29 March 2005, with the exception of points 3.1.4 (Test reports), 3.4 (Minor modifications), 3.5 (Labelling) and 3.6 (Seat belt anchorage performance).’

      ANNEX III
      Annexes I and II to Directive 87/402/EEC are amended as follows:

                  1.

                  In Annex I, point 1 is replaced by the following:
                  ‘The definitions and requirements of point 1 of Code 6 of OECD Decision C(2005) 1 of 29 March 2005, with the exception of point 1.1, shall apply.’

                  2.

                  Annex II is replaced by the following text:

                     ‘ANNEX II
                     Technical requirements
                     The technical requirements for the EC type-approval of roll-over protection structures mounted in front of the driver’s seat on narrow-track wheeled agricultural or forestry tractors shall be those set out in point 3 of Code 6 of OECD Decision C(2005) 1 of 29 March 2005, with the exception of points 3.2.4 (Test reports), 3.5 (Minor modifications), 3.6 (Labelling) and 3.7 (Seat belt anchorage performance).’


Avis juridique important

|

31996L0050

Council Directive 96/50/EC of 23 July 1996 on the harmonization of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway in the Community

Official Journal L 235 , 17/09/1996 P. 0031 - 0038

COUNCIL DIRECTIVE 96/50/EC of 23 July 1996 on the harmonization of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway in the Community THE COUNCIL OF THE EUROPEAN UNIONHaving regard to the Treaty establishing the European Community, and in particular Article 75 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 referred to in Article 189c of the Treaty (3),Whereas common provisions on the sailing of inland waterway vessels on the Community's inland waterways should be introduced; whereas a first step towards this goal was accomplished with the adoption of Council Directive 91/672/EEC of 19 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (4);Whereas, because of differences in national legislation relating to the conditions for obtaining boatmasters' certificates for inland navigation and the need to make safety requirements in the inland navigation industry gradually stricter, Community rules for the issue of such certificates should be adopted in order to prevent any distortions of competition;Whereas, in order to guarantee the necessary uniformity and transparency, the Community should define a model for a single national boatmasters' certificate, mutually recognized by the Member States with no exchange obligation, responsibility for the granting of which would, in accordance with the subsidiarity principle, lie with the Member States;Whereas national navigable waterways not linked to the navigable network of another Member State are not subject to international competition and it is therefore not necessary to make compulsory on those waterways the common provisions for the granting of boatmasters' certificates laid down in this Directive;Whereas the main objective of these common provisions must be to improve the safety of navigation and the protection of human life; whereas it appears therefore essential that these provisions establish the minimum requirements which the applicant must meet in order to obtain the boatmasters' certificate for inland navigation;Whereas the requirements in question must concern at least the age required to sail a vessel, the physical and mental fitness of applicants, their professional experience and knowledge of certain subjects relating to the sailing of a vessel; whereas, in the interests of the safety of the vessel and of the persons on board, Member States may impose additional requirements regarding in particular the knowledge of certain local situations; whereas additional professional knowledge is required to navigate with the aid of radar or to sail a vessel carrying passengers;Whereas it is necessary to make provision for appropriate procedures to adapt the Annexes of this Directive; whereas it is thus appropriate that the Committee set up by Article 7 of Directive 91/672/EEC should assist the Commission in adapting the Annexes,HAS ADOPTED THIS DIRECTIVE:Article 11. Member States issuing a boatmasters' certificate for the carriage of goods and passengers by inland waterway, hereinafter referred to as the 'certificate`, shall do so in accordance wit the Community model described in Annex I, which complies with this Directive.2. Member States shall take all appropriate measures to preclude the risk of certificates being forged.3. The certificate shall be issued by the competent authority of the Member States in accordance with this Directive. It shall take account of the special characteristics of the waterways and of the certificates referred to in Article 1 of Directive 91/672/EEC, namely:- the boatmasters' certificate valid for all waterways in the Member States, with the exception of waterways to which the Regulation on the issue of Rhine navigation licences applies (Group A),- the boatmasters' certificate valid for all waterways in the Member States, with the exception of the waterways of a maritime character referred to in Annex II to Directive 91/672/EEC, and with the exception of waterways to which the Regulation on the issue of Rhine navigation licences applies (Group B).4. The Group A or Group B certificate issued by Member States in conformity with this Directive shall be valid for all Group A or Group B waterways in the Community.5. Subject to Article 8 (2), the Rhine navigation licence, issued in accordance with the revised Convention for the Navigation of the Rhine, shall be valid for all waterways in the Community.6. The national boatmasters' certificates mutually recognized by Directive 91/672/EEC, appearing in Annex I to this Directive, which are issued not later than 18 months after the date of entry into force of this Directive shall remain valid with no exchange obligation.Article 2For the purposes of this Directive:(a) 'competent authority` shall mean the authority designated by a Member State to issue certificates after verifying that applicants satisfy the requirements;(b) 'boatmaster` shall mean the person who has the necessary aptitude and qualifications to sail a vessel on the Member States' waterways and who has nautical responsibility on board;(c) 'member of the deck crew` shall mean a person who has regularly participated in sailing a vessel in inland navigation, including manning the tiller.Article 31. This Directive shall apply to all boatmasters of inland-waterway vessels: self-propelled barges, tugs, pusher craft, barges, pushed convoys or side-by-side formations, intended for the transport of goods or passengers, except for:- boatmasters of vessels intended for goods transport which are under 20 metres in length,- boatmasters of vessels intended for passenger transport, which carry no more than 12 people in addition to the crew.2. A Member State may, after consulting the Commission, exempt from the application of this Directive boatmasters operating exclusively on national waterways not linked to the navigable network of another Member State and issue them with national boatmasters' certificates, the conditions for obtaining which may differ from those defined in this Directive. The validity of those national certificates shall in that case be limited to those waterways.Article 41. In order to obtain a certificate, an applicant must satisfy the minimum requirements set out in Articles 5 to 8. The certificate shall mention whether the boatmaster has Group A or Group B authorization.2. The certificates issued by the Member States which meet the minimum requirements mentioned in paragraph 1 shall be mutually recognized.Article 5An applicant must be at least 21 years old to obtain a certificate. However, Member States may still issue certificates to persons 18 years old or older. Recognition by a Member State of a Group A or B certificate issued by another Member State may be subject to the same minimum age conditions as are required in that Member State for the issue of a certificate for the same Group.Article 61. The applicant shall provide proof of physical and mental fitness by passing a medical examination carried out by a doctor recognized by the competent authority. That examination shall cover in particular visual and auditory acuity, colour vision, motricity of the upper and lower limbs and the neuro-psychiatric state and cardiovascular condition of the applicant.2. On reaching the age of 65 years, the holder of a certificate must, in the following three months and subsequently every year, undergo the examination referred to in paragraph 1; the competent authority shall attest on the certificate that the boatmaster has satisfied this obligation.Article 71. An applicant must provide proof of at least four years' professional experience as a member of the deck crew on an inland waterway vessel.2. To be taken into account, professional experience must be validated by the competent authority of the Member State by being entered in a personal service record. It may have been acquired on any of the Member States' waterways. In the case of waterways part of whose courses are within Community territory, such as the Danube, Elbe and Oder, the professional experience acquired on all sections of those watercourses will be taken into consideration.3. The minimum duration of the professional experience referred to in paragraph 1 may be reduced by a maximum of three years:(a) where the applicant has a diploma recognized by the competent authority which confirms specialized training in inland navigation comprising practical navigation work; the reduction may not be greater than the duration of the specialized training; or(b) where the applicant can provide proof of professional experience acquired on a seagoing vessel as a member of the deck crew; in order to obtain the maximum reduction of three years, the applicant must provide proof of at least four years' experience in maritime navigation.4. The minimum duration of professional experience provided for in paragraph 1 may be reduced by a maximum of three years where the applicant has passed a practical examination in sailing a vessel; the certificate shall in that case cover only vessels with nautical characteristics similar to those of the vessel which underwent the practical examination.Article 81. An applicant must have passed an examination of professional knowledge; that examination must include at least the general subjects listed in Chapter A of Annex II.2. Subject to consultation of the Commission, a Member State may require a boatmaster to satisfy additional requirements concerning knowledge of the local situation for navigation of certain waterways, with the exception of the waterways of a maritime character referred to in Annex II to Directive 91/672/EEC.Subject to the same reservation, a Member State may require the boatmaster of a passenger vessel, in certain limited transport areas, to have more detailed professional knowledge of special provisions relating to passenger safety, particularly in the event of accidents, fire or shipwreck.Article 91. In order to be authorized to navigate with the aid of radar, the boatmaster must hold a special attestation delivered by the competent authority as proof that he has passed the examination covering professional knowledge of the subjects referred to in Chapter B of Annex II.The Member States shall recognize the qualification issued under the regulation of the issuing of qualifications to sail a vessel with the aid of radar on the Rhine.2. An applicant satisfying the conditions set out in paragraph 1 shall have his or her fitness to navigate by radar attested by the competent authority in the form of an endorsement on the certificate.Article 10In order to be allowed to sail a boat transporting passengers on the waterways of the Member States, either the boatmaster or another member of the crew must be in possession of a special certificate issued by the competent authority as proof of his/her having passed an examination of professional knowledge in the subjects referred to in Chapter C of Annex II.Article 11The Commission, acting in accordance with the procedure laid down in Article 12, may take the necessary steps with a view to adapting the form of boatmasters' certificate in Annex I and in the light of the development of the necessary professional knowledge required for the issue of the certificate and specified in Annex II.Article 121. The Commission shall be assisted in application of Article 11 by the Committee set up by Article 7 of Directive 91/672/EEC.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.(3) a) The Commission shall adopt measures which apply immediately;(b) However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication. The Council, acting by a qualified majority, may take a different decision within the same time limit.Article 131. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 18 months after the date of entry into force of this Directive. They shall immediately inform the Commission thereof.When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall immediately communicate to the Commission the text of the provisions they adopt in the field governed by this Directive.3. Where necessary, Member States shall assist one another in the implementation of this Directive.Article 14This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 15This Directive is addressed to the Member States.Done at Brussels, 23 July 1996.For the CouncilThe PresidentI. YATES(1) OJ No C 280, 6. 10. 1994, p. 5.(2) Opinion delivered on 25 January 1995 (OJ No C 102, 24. 4. 1995, p. 5).(3) Opinion of the European Parliament of 2 March 1995 (OJ No C 68, 20. 3. 1995, p. 41), common position of the Council of 8 December 1995 (OJ No C 356, 30. 12. 1995, p. 66) and Decision of the European Parliament of 9 May 1996 (OJ No C 152, 27. 5. 1996, p. 46).(4) OJ No L 373, 31. 12. 1991, p. 29.ANNEX I MODEL BOATMASTERS' CERTIFICATE FOR INLAND NAVIGATION (85 mm × 54 mm - light blue background) The physical characteristics of the paper must comply with ISO standards 78.10.>START OF GRAPHIC>BOATMASTERS' CERTIFICATE FOR INLAND NAVIGATION: A/B UNITED KINGDOM 1. xxx2. xxx3. 1. 1. 1996 - UK-London4. 2. 1. 19966.7. 8. A B9. R tonnes, kW, xx10. 1. 1. 206111.5. xxx>END OF GRAPHIC>>START OF GRAPHIC>BOATMASTERS' CERTIFICATE FOR THE CARRIAGE OF GOODS AND PASSENGERS BY INLAND WATERWAY1. Holder's name2. First name(s)3. Date and place of birth4. Date of issue of the certificate5. Issue number6. Photograph of the holder7. Holder's signature8. A. All waterways except the RhineB. All waterways except those of a maritime character and the Rhine9. - R Radar- Sole category and capacity of vessel (tonnes, kW, passengers)10. Expiry date11. Endorsement(s)Restriction(s)European Union model >END OF GRAPHIC>ANNEX II PROFESSIONAL KNOWLEDGE REQUIRED TO OBTAIN THE BOATMASTERS' CERTIFICATE FOR INLAND NAVIGATION CHAPTER A General subjects relating to the transport of goods and passengers PART 1: GROUP A CERTIFICATE 1. Navigation(a) Exact knowledge of the traffic regulations of inland and maritime waterways, particularly of ECIW (European code for inland waterways) and of the International Regulations for Preventing Collisions at Sea, including nautical signing (designation and buoying of waterways);(b) Knowledge of the general geographical, hydrological, meteorological and morphological characteristics of the main inland and maritime waterways;(c) Terrestrial navigation with:Determination of the course, position lines and ship's position, nautical printed matters and publications, work in the sea chart, nautical marks and buoyage systems, checking of the compass and bases of tidology.2. Vessel manoeuvring and handling(a) Handling of the vessel taking account of the effect of wind, current, thrust deduction and draught for the evaluation of sufficient buoyancy and stability;(b) Role and functioning of the rudder and propeller;(c) Anchoring and berthing in all conditions;(d) Manoeuvres in locks and ports, manoeuvres when meeting and passing other vessels.3. Vessel construction and stability(a) Knowledge of the basic principles of vessel construction with regard in particular to the safety of persons, the crew and the vessel;(b) Basic knowledge of Council Directive 82/714/EEC of 4 October 1982 on the technical provisions for inland waterway vessels (1);(c) Basic knowledge of the main component parts of the vessel;(d) Theoretical knowledge of the buoyancy and stability rules and their practical application, especially seaworthiness;(e) Additional requirements and in particular additional equipment, on maritime waterways.4. Engines(a) Basic knowledge of the design and working of the engines in order to ensure their proper functioning;(b) Operation and inspection of the main and auxiliary engines and action to be taken in case of disorder.5. Loading and unloading(a) Use of draught indicators;(b) Determination of the loading weight using the certificate of measurement;(c) Loading and unloading, stowage of cargo (stowage plan).6. Action in special circumstances(a) Principles of accident prevention;(b) Measures to be taken in the event of damage, collision and running aground including the sealing of leaks;(c) Use of rescue apparatus and equipment;(d) First aid in the event of accidents;(e) Prevention of fires and use of fire-fighting equipment;(f) Prevention of pollution of waterways;(g) Specific measures relating to the rescue of persons, vessels and cargo on maritime shipping routes, survival in distress.PART 2: GROUP B CERTIFICATE 1. Navigation(a) Exact knowledge of the traffic regulations of inland waterways, particularly of ECIW (European code for inland waterways), including nautical signing (designation and buoying of waterways);(b) Knowledge of the general geographical, hydrological, meteorological and morphological characteristics of the main inland waterways;(c) Determination of the course, nautical printed matters and publications, buoyage systems.2. Vessel manoeuvring and handling(a) Handling of the vessel taking account of the effect of wind, current, thrust deduction and draught for the evaluation of sufficient buoyancy and stability;(b) Role and functioning of the rudder and propeller;(c) Anchoring and berthing in all conditions;(d) Manoeuvres in locks and ports; manoeuvres when meeting and passing other vessels.3. Vessel construction and stability(a) Knowledge of the basic principles of vessel construction with regard in particular to the safety of persons, the crew and the vessel;(b) Basic knowledge of Council Directive 82/714/EEC of 4 October 1982 on the technical provisions for inland waterway vessels;(c) Basic knowledge of the main component parts of the vessel;(d) Theoretical knowledge of the buoyancy and stability rules and their practical application.4. Engines(a) Basic knowledge of the design and working of the engines in order to ensure their proper functioning;(b) Operation and inspection of the main and auxiliary engines and action to be taken in case of disorder.5. Loading and unloading(a) Use of draught indicators;(b) Determination of the loading weight using the certificate of measurement;(c) Loading and unloading, stowage of cargo (stowage plan).6. Action in special circumstances(a) Principles of accident prevention;(b) Measures to be taken in the event of damage, collision and running aground, including the sealing of leaks;(c) Use of rescue apparatus and equipment;(d) First aid in the event of accidents;(e) Prevention of fires and use of fire-fighting equipment;(f) Prevention of pollution of waterways.CHAPTER B Obligatory additional subjects for radar navigation (a) Knowledge of radar theory: general knowledge of radioelectric waves and principles of radar operation;(b) Ability to use radar equipment, interpretation of the radar display, analysis of the information supplied by the equipment and knowledge of the limits of the information supplied by radar;(c) Use of the turn indicator;(d) Knowledge of the ECIW rules on radar navigation.CHAPTER C Obligatory additional knowledge for passenger transport 1. Basic knowledge of technical regulations on: the stability of passenger vessels in case of damage, division into watertight compartments, plane of maximum draught.2. First aid in case of accidents.3. Fire prevention and fire-fighting equipment.4. Life-saving methods and equipment.5. How to protect passengers in general, especially in the case of evacuation, damage, collision, running aground, fire, explosion and other situations which may give rise to panic.6. Knowledge of safety instructions (emergency exits, gangplank, use of emergency helm).(1) OJ No L 301, 28. 10. 1982, p. 1.


Avis juridique important

|

31982L0806

Council Directive 82/806/EEC of 22 November 1982 amending, for the second time (benzene), Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparationsH

Official Journal L 339 , 01/12/1982 P. 0055 - 0056 Spanish special edition: Chapter 13 Volume 12 P. 0285  Portuguese special edition Chapter 13 Volume 12 P. 0285  Finnish special edition: Chapter 13 Volume 12 P. 0139  Swedish special edition: Chapter 13 Volume 12 P. 0139

*****COUNCIL  DIRECTIVE  of 22 November 1982  amending, for the second time (benzene), Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations  (82/806/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas benzene is recognized as being highly toxic and liable to affect the central nervous and herma- topoietic systems and to induce cancer and in particular leukaemia;  Whereas benzene is used inter alia as a constituent in the manufacture of certain toys, making it possible for children to absorb benzene by inhalation, ingestion or through the skin, thereby exposing them to the abovementioned hazards;  Whereas the fixing of a maximum concentration limit of benzene in the free state enables these hazards to be excluded;  Whereas benzene is governed by rules in certain Member States; whereas these rules differ as to the conditions of its marketing and use; whereas these differences constitute a barrier to trade and directly affect the establishment and functioning of the common market;  Whereas, in order to eliminate these differences, the Annex to Directive 76/769/EEC (4), as last amended by Directive 79/663/EEC (5), should be supplemented;  Whereas the Scientific Advisory Committee on the Toxicity and Eco-Toxicity of Chemical Compounds has delivered an opinion on this point,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following entry is hereby added to the Annex to Directive 76/769/EEC:  1.2 // '5. Benzene CAS No (Chemical Abstract Service Number) 71-43-2  // Not permitted in toys or parts of toys as placed on the market where the concentration of benzene in the free state is in excess of 5 mg/kg of the weight of the toy or part of toy.'  Article 2  Member States shall take the measures necessary to comply with this Directive within 12 months of its notification. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 22 November 1982.  For the Council  The President  U. ELLEMANN-JENSEN  (1) OJ No C 285, 4. 11. 1981, p. 2.  (2) OJ No C 346, 31. 12. 1980, p. 95.  (3) OJ No C 353, 31. 12. 1980, p. 31.  (4) OJ No L 262, 27. 9. 1976, p. 201.  (5) OJ No L 197, 3. 8. 1979, p. 37.


title: Council Directive (EU) 2017/738 of 27 March 2017 amending, for the purpose of adapting to technical progress, Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards lead (Text with EEA relevance. )

text:
               27.4.2017

               EN

               Official Journal of the European Union

               L 110/6

         COUNCIL DIRECTIVE (EU) 2017/738
   of 27 March 2017
   amending, for the purpose of adapting to technical progress, Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards lead
   (Text with EEA relevance)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (1), and in particular Article 46(1)(b) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Directive 2009/48/EC lays down migration limits for toys or components of toys, for a range of elements, including lead, in dry, liquid and scraped-off toy material. The limits for lead are 13,5 mg/kg, 3,4 mg/kg and 160 mg/kg in each toy material, respectively.

               (2)

               Those limits were based on the recommendations of the Dutch National Institute for Public Health and the Environment (RIVM) in a 2008 report entitled ‘Chemicals in Toys. A general methodology for assessment of chemical safety of toys with a focus on elements’. The RIVM recommendations were based on the conclusion that exposure of children to lead may not exceed a certain level, called ‘tolerable daily intake’. In that report, a tolerable daily intake of 3,6 microgram per kilogram body weight per day was determined as the toxicological reference value for lead.

               (3)

               Since children are also exposed to lead from sources other than toys, only a certain percentage of the toxicological reference value should be allocated to toys. In its opinion on the ‘Assessment of the bioavailability of certain elements in toys’, adopted on 22 June 2004, the Scientific Committee on Toxicity, Ecotoxicity and Environment recommended that 10 % of the maximum tolerable intake of lead should be allowed as the maximum contribution from toys. In its opinion on the ‘Evaluation of the Migration Limits for Chemical Elements in Toys’, adopted on 1 July 2010, the Scientific Committee for Health and Environmental Risks (SCHER) concurred with the approach that the uptake of lead from toys should not exceed 10 % of a toxicology-based reference value. Furthermore, since lead is considered particularly toxic, its limits in Directive 2009/48/EC were set at half the level considered safe according to the criteria of the relevant Scientific Committee, in order to ensure that only traces of lead that are compatible with good manufacturing practice should be present. Accordingly, the limits for lead were set in that Directive at 5 % of the tolerable daily intake, determined as the migration of lead from toys.

               (4)

               The European Food Safety Authority (EFSA) concluded that for lead, as a toxic metal, there is no threshold below which the exposure to lead has no critical health effects. Even low-level exposure to lead may cause neurotoxicity, namely damage to the nervous system and brain, in particular learning deficits. Therefore, according to that new scientific knowledge published by EFSA, the tolerable daily intake should no longer be used as the toxicological reference value.

               (5)

               According to EFSA, the new toxicological reference to be used for establishing lead limits is the BMDL01 (benchmark dose limit) relating to neurodevelopmental effects. The BMDL01 is the lower confidence limit (95th percentile) of the benchmark dose of a 1 % extra risk of intellectual deficits in children measured by the Full Scale IQ score, that is a decrease in IQ by 1 point on that scale. The BMDL01 is equivalent to a lead intake of 0,5 microgram per kilogram body weight per day.

               (6)

               The Committee for Risk Assessment established under the European Chemicals Agency agreed with EFSA that the BMDL01 is the highest tolerable exposure for lead. Since the current average blood lead levels in European children are up to four times higher than the highest tolerable exposure level, and since no threshold for the neurodevelopmental effects can be established, any additional exposure must be avoided as far as possible.

               (7)

               Applying the latest scientific developments to the methodology in the 2008 RIVM report to calculate safe limits for elements in toys and applying the approach of Directive 2009/48/EC in managing the risks of particularly toxic elements such as lead, the limits for lead in toys laid down in Directive 2009/48/EC should be reviewed, and should be set at a 5 % allocation of the BMDL01 for the protection of children's health.

               (8)

               An erratum to the 2008 RIVM report, published in 2015, considered that the amounts of dry and liquid toy material which children are assumed to ingest, amounts upon which the 2008 RIVM report's recommendations for limit values were based, should be expressed as weekly amounts instead of daily amounts. SCHER subsequently contended that the ingestion amounts originally recommended are appropriate and should continue to be expressed as daily amounts rather than weekly amounts, thereby confirming that the methodology used in the 2008 RIVM report to calculate safe limits for elements in toys is correct. Accordingly, the methodology used in the 2008 RIVM report should continue to be applied for the purposes of laying down revised limits for lead in toys.

               (9)

               Directive 2009/48/EC should therefore be amended accordingly.

               (10)

               The committee established under Article 47 of Directive 2009/48/EC delivered no opinion on the measures provided for in this Directive; the Commission therefore submitted to the Council a proposal relating to those measures and forwarded it to the European Parliament,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   In the table under point 13 of part III of Annex II to Directive 2009/48/EC, the entry for lead is replaced by the following:

                  ‘Lead

                  2,0

                  0,5

                  23’

   Article 2
   1.   Member States shall adopt and publish, by 28 October 2018 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 28 October 2018.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 27 March 2017.

            For the Council

            The President

         C. ABELA

      (1)  OJ L 170, 30.6.2009, p. 1.


title: Commission Directive 2008/63/EC of 20 June 2008 on competition in the markets in telecommunications terminal equipment (Codified version) (Text with EEA relevance)

text:
               21.6.2008

               EN

               Official Journal of the European Union

               L 162/20

      COMMISSION DIRECTIVE 2008/63/EC
   of 20 June 2008
   on competition in the markets in telecommunications terminal equipment
   (Text with EEA relevance)
   (Codified version)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 86(3) thereof,
   Whereas:

               (1)

               Commission Directive 88/301/EEC of 16 May 1988 on competition in the markets in telecommunications terminal equipment (1) has been substantially amended (2). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               In all the Member States, telecommunications were, either wholly or partly, a State monopoly generally granted in the form of special or exclusive rights to one or more bodies responsible for providing and operating the network infrastructure and related services. Those rights, however, often used to go beyond the provision of network utilisation services and used to extend to the supply of user terminal equipment for connection to the network. The last decades have seen considerable technical developments in networks, and the pace of development has been especially striking in the area of terminal equipment.

               (3)

               Member States have, in response to technical and economic developments, reviewed their grant of special or exclusive rights in the telecommunications sector. The proliferation of types of terminal equipment and the possibility of the multiple use of terminals means that users must be allowed a free choice between the various types of equipment available if they are to benefit fully from the technological advances made in the sector.

               (4)

               The existence of exclusive rights has the effect of restricting the free movement of telecommunications terminal equipment either as regards the importation and marketing of terminal equipment (including satellite equipment), because certain products are not marketed, or as regards the connection, bringing into service or maintenance because, taking into account the characteristics of the market and in particular the diversity and technical nature of the products, a monopoly has no incentive to provide these services in relation to products which it has not marketed or imported, nor to align its prices on costs, since there is no threat of competition from new entrants on the market. Taking into account the fact that in most equipment markets there is typically a large range of telecommunication equipment, any special right which directly or indirectly limits the number of the undertakings authorised to import, market, connect, bring into service and maintain such equipment, is liable to have the same kind of effect as the grant of exclusive rights. Such exclusive or special rights constitute measures having equivalent effect to quantitative restrictions incompatible with Article 28 of the Treaty. Thus it is necessary to abolish all existing exclusive rights in the importation, marketing, connection, bringing into service and maintenance of terminal and telecommunications equipment, as well as those rights having comparable effects — that is to say, all special rights except those consisting in legal or regulatory advantages conferred on one or more undertakings and affecting only the ability of other undertakings to engage in any of the abovementioned activities in the same geographical area under substantially equivalent conditions.

               (5)

               The special or exclusive rights relating to terminal equipment are exercised in such a way as, in practice, to disadvantage equipment from other Member States, notably by preventing users from freely choosing the equipment that best suits their needs in terms of price and quality, regardless of its origin. The exercise of these rights is therefore not compatible with Article 31 of the Treaty in all the Member States.

               (6)

               The provision of installation and maintenance services is a key factor in the purchasing or rental of terminal equipment. The retention of exclusive rights in this field would be tantamount to retention of exclusive marketing rights. Such rights must therefore also be abolished if the abolition of exclusive importing and marketing rights is to have any practical effect.

               (7)

               The maintenance of terminal equipment is a service within the meaning of Article 50 of the Treaty. The service in question, which cannot from a commercial point of view be dissociated from the marketing of the equipment terminals, must be provided freely in accordance with Article 49 of the Treaty and in particular when provided by qualified operators.

               (8)

               The situation in the market continues to produce infringements of the competition rules laid down by the Treaty and to affect adversely the development of trade to such an extent as would be contrary to the interests of the Community. Stronger competition in the terminal equipment market requires the introduction of transparent technical specifications which meet the essential requirements mentioned in Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (3) and allow the free movement of terminal equipment. In turn, such transparency necessarily entails the publication of technical specifications.

               (9)

               Special or exclusive rights to import and market terminal equipment give rise to a situation which is contrary to the objective of Article 3(g) of the Treaty, which provides for the institution of a system ensuring that competition in the internal market is not distorted, and requires a fortiori that competition must not be eliminated. Member States have an obligation under Article 10 of the Treaty to abstain from any measure which could jeopardise the attainment of the objectives of the Treaty, including Article 3(g). The exclusive rights must therefore be regarded as incompatible with Article 82 of the Treaty in conjunction with Article 3 thereof, and the grant or maintenance of such rights by a Member State is prohibited under Article 86(1) of the Treaty.

               (10)

               To enable users to have access to the terminal equipment of their choice, it is necessary to know and make transparent the characteristics of the interface points of the public network to which the terminal equipment is to be connected. Member States must therefore ensure that the characteristics are published and that users have access to interface points of the public network.

               (11)

               To be able to market their products, manufacturers of terminal equipment must know what technical specifications they must satisfy. Member States should therefore formalise and publish the specifications, which they must notify to the Commission in draft form, in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (4). The specifications may be extended to products imported from other Member States only in so far as they are necessary to ensure conformity with the essential requirements specified in Article 3 of Directive 1999/5/EC that can legitimately be required under Community law. Member States must, in any event, comply with Articles 28 and 30 of the Treaty, under which an importing Member State must allow terminal equipment legally manufactured and marketed in another Member State.

               (12)

               To ensure that type-approval specifications are applied transparently, objectively and without discrimination monitoring applications cannot be entrusted to a competitor in the terminal equipment market in view of the obvious conflict of interest. Member States should therefore ensure that the responsibility for monitoring is assigned to a body independent of the operator of the network and of any other competitor in the market in question.

               (13)

               This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   For the purposes of this Directive, the following definitions shall apply:

               1.

               ‘terminal equipment’ means:

                           (a)

                           equipment directly or indirectly connected to the interface of a public telecommunications network to send, process or receive information; in either case (direct or indirect), the connection may be made by wire, optical fibre or electromagnetically; a connection is indirect if equipment is placed between the terminal and the interface of the network;

                           (b)

                           satellite earth station equipment;

               2.

               ‘satellite earth station equipment’ means equipment which is capable of being used for the transmission only (‘transmit-only’), or for the transmission and reception (‘transmit/receive’), or for the reception only (‘receive-only’) of radio communication signals by means of satellites or other space-based systems;

               3.

               ‘undertaking’ means a public or private body, to which a Member State grants special or exclusive rights for the importation, marketing, connection, bringing into service of telecommunications terminal equipment and/or maintenance of such equipment;

               4.

               ‘special rights’ means rights that are granted by a Member State to a limited number of undertakings, through any legislative, regulatory or administrative instrument, which, within a given geographical area:

                           (a)

                           limits to two or more the number of such undertakings, otherwise than according to objective, proportional and non-discriminatory criteria; or

                           (b)

                           designates, otherwise than according to the criteria referred to in point (a), several competing undertakings; or

                           (c)

                           confers on any undertaking or undertakings, otherwise than according to the criteria referred to in points (a) and (b), any legal or regulatory advantages which substantially affect the ability of any other undertaking to import, market, connect, bring into service and/or maintain telecommunication terminal equipment in the same geographical area under substantially equivalent conditions.

         Article 2
   Member States which have granted special or exclusive rights to undertakings shall ensure that all exclusive rights are withdrawn, as well as those special rights which:

               (a)

               limit to two or more the number of undertakings, otherwise than according to objective, proportional and non-discriminatory criteria; or

               (b)

               designate, otherwise than according to the criteria referred to in point (a), several competing undertakings.

         They shall inform the Commission of the measures taken or draft legislation introduced to that end.
   Article 3
   Member States shall ensure that economic operators have the right to import, market, connect, bring into service and maintain terminal equipment.
   However, Member States may:

               (a)

               in the case of satellite earth station equipment, refuse to allow such equipment to be connected to the public telecommunications network or to be brought into service where it does not satisfy the relevant common technical regulations adopted in pursuance of Directive 1999/5/EC or, in the absence thereof, the essential requirements laid down in Article 3 of that Directive; in the absence of common technical rules of harmonised regulatory conditions, national rules shall be proportionate to those essential requirements and shall be notified to the Commission in accordance with Directive 98/34/EC where that Directive so requires;

               (b)

               in the case of other terminal equipment, refuse to allow such equipment to be connected to the public telecommunications network where it does not satisfy the relevant common technical regulations adopted in pursuance of Directive 1999/5/EC or, in the absence thereof, the essential requirements laid down in Article 3 of that Directive;

               (c)

               require economic operators to possess the technical qualifications needed to connect, bring into service and maintain terminal equipment on the basis of objective, non-discriminatory and publicly available criteria.

         Article 4
   Member States shall ensure that users have access to new public network interface points and that the physical characteristics of these points are published by users of the telecommunications public network.
   Article 5
   Member States shall ensure that all specifications for terminal equipment are formalised and published.
   Member States shall notify those technical specifications in draft form to the Commission in accordance with Directive 98/34/EC.
   Article 6
   Member States shall ensure that in monitoring the specifications referred to in Article 5, the application is entrusted to a body independent of public or private undertakings offering goods and/or services in the telecommunications sector.
   Article 7
   Member States shall provide the Commission at the end of each year with a report allowing it to monitor compliance with the provisions of Articles 2, 3, 4, and 6.
   An outline of the report is set out in Annex I.
   Article 8
   Directive 88/301/EEC, as amended by the Directive listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
   Article 9
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 10
   This Directive is addressed to the Member States.

      Done at Brussels, 20 June 2008.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 131, 27.5.1988, p. 73. Directive as amended by Directive 94/46/EC (OJ L 268, 19.10.1994, p. 15).

      (2)  See Annex II, Part A.

      (3)  OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (4)  OJ L 204, 21.7.1998, p. 37. Directive as last amended by Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).

      ANNEX I
      Outline of the report referred to in Article 7
      Implementation of Article 2
      Terminal equipment for which legislation is being or has been modified.
      By category of terminal equipment:

                  —

                  date of adoption of the measure, or

                  —

                  date of introduction of the bill, or

                  —

                  date of entry into force of the measure.

            Implementation of Article 3

                  —

                  terminal equipment, the connection and/or commissioning of which has been restricted,

                  —

                  technical qualifications required, giving reference of their publication.

            Implementation of Article 4

                  —

                  references of publications in which the physical characteristics are specified,

                  —

                  number of existing public network interface points,

                  —

                  number of public network interface points now accessible.

            Implementation of Article 6

                  —

                  independent body or bodies appointed.

      ANNEX II
      PART A
      Repealed Directive with its successive amendment
      (referred to in Article 8)

                  Commission Directive 88/301/EEC

                  (OJ L 131, 27.5.1988, p. 73)

                  Commission Directive 94/46/EC

                  (OJ L 268, 19.10.1994, p. 15)

            PART B
      List of time limits for transposition into national law
      (referred to in Article 8)

                  Directive

                  Time limit for transposition

                  88/301/EEC

                  —

                  94/46/EC

                  8 August 1995

      ANNEX III
      Correlation table

                  Directive 88/301/EEC

                  This Directive

                  Article 1, introductory words

                  Article 1, introductory words

                  Article 1, first indent, first and second sentences

                  Article 1, point (1)(a)

                  Article 1, first indent, last sentence

                  Article 1, point (1)(b)

                  Article 1, second indent

                  Article 1, point (3)

                  Article 1, third indent, introductory words

                  Article 1, point (4), introductory words

                  Article 1, third indent, first sub-indent

                  Article 1, point (4)(a)

                  Article 1, third indent, second sub-indent

                  Article 1, point (4)(b)

                  Article 1, third indent, third sub-indent

                  Article 1, point (4)(c)

                  Article 1, fourth indent

                  Article 1, point (2)

                  Article 2

                  Article 2

                  Article 3, first sentence

                  Article 3, first paragraph

                  Article 3, second sentence

                  Article 3, second paragraph, introductory sentence

                  Article 3, first indent

                  Article 3, second paragraph, point (a)

                  Article 3, second indent

                  Article 3, second paragraph, point (b)

                  Article 3, third indent

                  Article 3, second paragraph, point (c)

                  Article 4, first paragraph

                  Article 4

                  Article 4, second paragraph

                  —

                  Article 5(1)

                  —

                  Article 5(2), first sentence

                  Article 5, first paragraph

                  Article 5(2), second sentence

                  Article 5, second paragraph

                  Article 6

                  Article 6

                  Article 8

                  —

                  Article 9

                  Article 7

                  Article 10

                  —

                  —

                  Article 8

                  —

                  Article 9

                  Article 11

                  Article 10

                  Annex I

                  —

                  Annex II

                  Annex I

                  —

                  Annex II

                  —

                  Annexe III


Avis juridique important

|

31982L0877

Council Directive 82/877/EEC of 21 December 1982 amending Directive 72/464/EEC on taxes other than turnover taxes which affect the consumption of manufactured tobaccoh

Official Journal L 369 , 29/12/1982 P. 0036 - 0036 Spanish special edition: Chapter 09 Volume 1 P. 0134  Portuguese special edition Chapter 09 Volume 1 P. 0134

*****COUNCIL  DIRECTIVE  of 21 December 1982  amending Directive 72/464/EEC on taxes other than turnover taxes which affect the consumption of manufactured tobacco  (82/877/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, under Directive 72/464/EEC (4), as last amended by Directive 82/2/EEC (5), the transition from one stage of harmonization to the next shall be decided on by the Council on a proposal from the Commission;  Whereas the second stage of harmonization, introduced by Council Decision 77/805/EEC (6), expires on 31 December 1982;  Whereas the special criteria applicable during the third stage are dealt with in a proposal for a Directive presented by the Commission (7);  Whereas the opinion of the Economic and Social Committee was delivered on 25 February 1981 (8) and the opinion of the European Parliament has not yet been delivered;  Whereas, in these circumstances, a sufficiently long extension of the second stage is again necessary to enable the European Parliament to deliver its opinion and to allow the Council to decide on the rules for the application of a third stage of harmonization,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Article 10a (1) of Directive 72/464/EEC, '31 December 1982' is hereby replaced by '31 December 1983'.  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 21 December 1982.  For the Council  The President  O. MOELLER  (1) OJ No C 310, 27. 11. 1982, p. 5.  (2) Opinion delivered on 17 December 1982 (not yet published in the Official Journal).  (3) Opinion delivered on 15 December 1982 (not yet published in the Official Journal).  (4) OJ No L 303, 31. 12. 1972, p. 1.  (5) OJ No L 5, 9. 1. 1982, p. 11.  (6) OJ No L 338, 20. 12. 1977, p. 22.  (7) OJ No C 264, 11. 10. 1980, p. 6.  (8) OJ No C 138, 9. 6. 1981, p. 47.


Commission Directive 69/69/EEC of 11 February 1969 on the compensatory import tax and export rebate applied by the Italian Republic to turnover tax levied in connection with refined seed oil


Avis juridique important

|

31997L0053

Commission Directive 97/53/EC of 11 September 1997 adapting to technical progress Council Directive 79/196/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection (Text with EEA relevance)

Official Journal L 257 , 20/09/1997 P. 0027 - 0028

COMMISSION DIRECTIVE 97/53/EC of 11 September 1997 adapting to technical progress Council Directive 79/196/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/117/EEC of 18 December 1975 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres (1), as last amended by the Act of Accession of Spain and Portugal,Having regard to Council Directive 79/196/EEC of 6 February 1979 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection (2), as last amended by Commission Directive 94/26/EC (3), and in particular Article 5 thereof,Whereas it is necessary to adapt the contents of Annex I to Directive 79/196/EEC to technical progress by incorporating seven new European standards recently drawn up by the European Committee for Electrotechnical Standardization (Cenelec);Whereas, in view of the present state of technical progress, it is now necessary to adapt the contents of the harmonized standards referred to in Annex I to Directive 79/196/EEC;Whereas, in view of the nature of the equipment concerned, a provision should be made for transitional arrangements in order to enable the industry to adapt appropriately to the changes to the standards;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers in the Sector of Electrical Equipment for Use in Potentially Explosive Atmospheres,HAS ADOPTED THIS DIRECTIVE:Article 1 Annex I to Directive 79/196/EEC is replaced by the text in the Annex to this Directive.Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 May 1998. They shall forthwith inform the Commission thereof.When Member States adopt these provisions, 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 laid down by Member States.2. Until 30 June 2003 the Member States shall continue to apply the measures provided for in Article 4 of Directive 76/117/EEC as regards the equipment for which conformity to the harmonized standards referred to in amended Directive 79/196/EEC, is attested by the issue of a certificate of conformity in accordance with Article 8 of Directive 76/117/EEC, provided that the certificate has been issued before 30 September 1998.Article 3 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 11 September 1997.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 24, 30. 1. 1976, p. 45.(2) OJ L 43, 20. 2. 1979, p. 20.(3) OJ L 157, 24. 6. 1994, p. 33.ANNEX 'ANNEX IHARMONIZED STANDARDSThe harmonized standards to which equipment must conform, depending on the type of protection, are the European standards referred to in the table below.European Standards(drawn up by Cenelec, 35 rue de Stassart, B-1050 Brussels)>TABLE>