title: Commission Directive 2007/10/EC of 21 February 2007 amending Annex II to Council Directive 92/119/EEC as regards the measures to be taken within a protection zone following an outbreak of swine vesicular disease (Text with EEA relevance )

text:
               1.3.2007

               EN

               Official Journal of the European Union

               L 63/24

      COMMISSION DIRECTIVE 2007/10/EC
   of 21 February 2007
   amending Annex II to Council Directive 92/119/EEC as regards the measures to be taken within a protection zone following an outbreak of swine vesicular disease
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (1), and in particular Article 24(2) thereof,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (2), and in particular of Article 4(3) thereof,
   Whereas:

               (1)

               Directive 92/119/EEC lays down measures for the control of certain animal diseases. Specific provisions for swine vesicular disease are laid down in Annex II to that Directive.

               (2)

               Since Council Directives 72/461/EEC (3) and 80/215/EEC (4) have been repealed with effect from 1 January 2006, references to those Directives contained in Directive 92/119/EEC should be replaced by references to Annexes II and III to Directive 2002/99/EC.

               (3)

               It is appropriate to provide for a specific solution with respect to the marking of meat and its subsequent use, as well as the destination of the processed products, where the swine vesicular disease health situation so permits, provided that this is done in such a way that the degree of protection from swine vesicular by intra-Community trade or international trade is not impaired.

               (4)

               Certain Member States have informed the Commission that the identification mark provided for in Annex II to Directive 2002/99/EC is poorly accepted by operators and customers in the industry. Accordingly, it is appropriate to provide for an alternative identification mark that Member States may decide to apply. However, in the interests of controls, it is important that Member States inform the Commission beforehand, if they decide to apply the alternative identification mark in case of an outbreak of swine vesicular disease.

               (5)

               The alternative identification mark provided for in this Directive should be clearly distinguishable from other identification marks to be applied to pig meat in accordance with Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (5) or Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (6).

               (6)

               Unlike the general provisions of Article 13 of Directive 92/119/EEC, the specific provisions for swine vesicular disease in Annex II to that Directive do not provide for an authorisation to remove the animals from a holding within the protection zone in case the removal prohibition is maintained beyond 30 days because of the occurrence of further cases of the disease. It is appropriate to provide for such derogation for holdings in which the keeping of animals for longer periods than 30 days would cause problems.

               (7)

               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
   Section 7 of Annex II to Directive 92/119/EEC is amended as follows:

               (1)

               Point 2 is amended as follows:

                           (a)

                           Point (g) is replaced by the following:

                                       ‘(g)

                                       meat from the pigs referred to in point (f)(i):

                                                   (i)

                                                   shall not enter into intra-Community or international trade and shall bear the health mark for fresh meat provided for in Annex II to Council Directive 2002/99/EC (7);

                                                   (ii)

                                                   shall be obtained, cut, transported and stored separately from meat intended for intra-Community and international trade and shall be used in such a way as to avoid it being introduced into meat products intended for intra-Community or international trade, unless it has undergone a treatment set out in Annex III to Directive 2002/99/EC;

                           (b)

                           the following point (h) is added:

                                       ‘(h)

                                                   (i)

                                                   by way of derogation from point (g), for meat from the pigs referred to in point (f)(i) Member States may decide to use an other identification mark than the special identification mark set out in Annex II to Directive 2002/99/EC, provided that it is clearly distinguishable from other identification marks to be applied to pig meat in accordance with Regulation (EC) No 853/2004 of the European Parliament and of the Council (8) or Commission Regulation (EC) No 2076/2005 (9);
                                                   Member States that decide to use the alternative identification mark shall inform the Commission thereof in the framework of the Standing Committee on the Food Chain and Animal Health.

                                                   (ii)

                                                   for the purpose of (i) the identification mark must be legible and indelible, the characters easily readable and clearly displayed. The identification mark must have following shape and contain following indications:
                                                   XY means the relevant country code provided for in point 6 of Part B of Section I of Annex II to Regulation (EC) No 853/2004.
                                                   1234 means the approval number of the establishment referred to in point 7 of Part B of Section I of Annex II to Regulation (EC) No 853/2004.

               (2)

               the following point 5 is added:

                           ‘5.

                           Where the prohibitions provided for in point 2(f) are maintained beyond 30 days because of the occurrence of further cases of the disease and as a result problems arise in keeping the animals, the competent authority may, following an application by the owner explaining the grounds for such application and provided that the official veterinarian has verified the facts, authorise the removal of the animals from a holding within the protection zone. Points 2(f) and (h) shall apply mutatis mutandis.’

         Article 2
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2008 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 21 February 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 62, 15.3.1993, p. 69. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

      (2)  OJ L 18, 23.1.2003, p. 11.

      (3)  OJ L 302, 31.12.1972, p. 24. Directive repealed by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33).

      (4)  OJ L 47, 21.2.1980, p. 4. Directive repealed by Directive 2004/41/EC.

      (5)  OJ L 139, 30.4.2004, p. 5; corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

      (6)  OJ L 338, 22.12.2005, p. 83.

      (7)  OJ L 18, 23.1.2003, p. 11.’;

      (8)  OJ L 139, 30.4.2004, p. 55, corrected by OJ L 226, 25.6.2004, p. 22.

      (9)  OJ L 338, 22.12.2005, p. 83.’;


Avis juridique important

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31990L0623

Commission Directive 90/623/EEC of 7 November 1990 amending Annex II to Council Directive 66/402/EEC on the marketing of cereal seed

Official Journal L 333 , 30/11/1990 P. 0065 - 0065 Finnish special edition: Chapter 3 Volume 35 P. 0165  Swedish special edition: Chapter 3 Volume 35 P. 0165

*****COMMISSION  DIRECTIVE  of 7 November 1990  amending Annex II to Council Directive 66/402/EEC on the marketing of cereal seed  ( 90/623/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed ( 1 ), as last amended by Commission Directive 89/2/EEC ( 2 ),  Whereas, according to present scientific and technical knowledge, it appears that certain varieties of oat ( Avena sativa ) of the 'naked oat' type have a potential value as fodder;  Whereas, however, it is difficult to produce seed of these varieties with a germination capacity equal to that normally achieved by seed of the oat varieties;  Whereas by Directive 88/506/EEC ( 3 ) the Commission declared that, in the light of the development of scientific and technical knowledge it was appropriate to reduce, for varieties of oats of the "naked oat' type, the minimum germination capacity of 85 % of pure seed laid down for oats in Annex II to Directive 66/402/EEC to 75 %;  Whereas that reduction applied only until 30 June 1990 so that further technical data about those varieties could be collected and assessed;  Whereas further technical data has shown that it is appropriate for the reduction to continue for a further limited period so that yet further technical data about these varieties can be collected and assessed;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE :  Article 1  In section ( 2 ) ( B ) ( d ) of Annex II to Directive 66/402/EEC, "30 June 1990' is replaced by "31 December 1992 '.  Article 2  This Directive is addressed to the Member States .  Done at Brussels, 7 November 1990 .  For the Commission  Ray MAC SHARRY  Member of the Commission  ( 1 ) OJ No 125, 11 . 7 . 1966, p . 2309/66 .  ( 2 ) OJ No L 5, 7 . 1 . 1989, p . 31 .  ( 3 ) OJ No L 274, 6 . 10 . 1988, p . 44 .


Important legal notice

|

31981L0463

Council Directive 81/463/EEC of 24 June 1981 amending Directive 72/464/EEC on taxes other than turnover taxes which affect the consumption of manufactured tobacco

Official Journal L 183 , 04/07/1981 P. 0032 - 0032 Spanish special edition: Chapter 09 Volume 1 P. 0128  Portuguese special edition Chapter 09 Volume 1 P. 0128

		Council Directiveof 24 June 1981amending Directive 72/464/EEC on taxes other than turnover taxes which affect the consumption of manufactured tobacco(81/463/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,Having regard to the opinion of the European Parliament [1],Whereas, under Council Directive 72/464/EEC of 19 December 1972 on taxes other than turnover taxes which affect the consumption of manufactured tobacco [2], as last amended by Directive 80/1275/EEC [3], 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 Directive 77/805/EEC [4], expires on 30 June 1981 ;Whereas the special criteria applicable during the third stage, which should begin on 1 July 1981, are dealt with in a proposal for a Directive submitted by the Commission [5];Whereas the opinion of the Economic and Social Committee on the said proposal was delivered on 25 February 1981 [6] and the opinion of the European Parliament has not yet been delivered ;Whereas the Council will not be in a position to decide on that proposal before 30 June 1981 ;Whereas, under these circumstances, the second stage should be extended by a further six months,HAS ADOPTED THIS DIRECTIVE :Article 1In Article 10a (1) of Directive 72/464/EEC, " 30 June 1981" is hereby replaced by " 31 December 1981".Article 2This Directive is addressed to the Member States.Done at Luxembourg, 24 June 1981.For the CouncilThe PresidentG. M. V. van Aardenne[1] Opinion delivered on 19 June 1981 (not yet published in the Official Journal).[2] OJ No L 303, 31. 12. 1972, p. 1.[3] OJ No L 375, 31. 12. 1980, p. 76.[4] OJ No L 338, 20. 12. 1977, p. 22.[5] OJ No C 264, 11. 10. 1980, p. 6.[6] OJ No C 138, 9. 6. 1981, p. 47.--------------------------------------------------


Avis juridique important

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31993L0030

Council Directive 93/30/EEC of 14 June 1993 on audible warning devices for two-or three-wheel motor vehicles

Official Journal L 188 , 29/07/1993 P. 0011 - 0018 Finnish special edition: Chapter 7 Volume 4 P. 0217  Swedish special edition: Chapter 7 Volume 4 P. 0217

COUNCIL DIRECTIVE 93/30/EEC of 14 June 1993 on audible warning devices for two- or three-wheel motor vehiclesTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles (1),  Having regard to the proposal from the Commission (2),  In cooperation with the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas the measures required for that purpose need to be adopted;  Whereas, with regard to audible warning devices, in each Member State two- or three-wheel motor vehicles must display certain technical characteristics laid down by mandatory provisions which differ from one Member State to another; whereas as a result  of their differences, such provisions constitute a barrier to trade within the Community;  Whereas these obstacles to the operation of the internal market may be removed if the same requirements are adopted by all Member States in place of their national rules;  Whereas it is necessary to draw up harmonized requirements concerning audible warning devices for two- or three-wheel motor vehicles in order to enable the type-approval and component type-approval procedures laid down in Directive 92/61/EEC to be  applied for each type of such vehicle.  Whereas, given the scale and impact of the action proposed in the sector in question, the Community measures covered by this Directive are necessary, indeed essential, to achieve the aim in view, which is to establish Community vehicle type-approval;  whereas that aim cannot be adequately achieved by the Member States individually;  Whereas in order to facilitate access to the markets of non-Community countries it would seem necessary to establish equivalence between the requirements of this Directive and those of Regulation No 28 of the United Nations Economic Commission for  Europe,  HAS ADOPTED THIS DIRECTIVE:  Article 1  This Directive applies to audible warning devices for all types of vehicle as defined in Article 1 of Directive 92/61/EEC.  Article 2  The procedures for the granting of component type-approval in respect of audible warning devices for a type of two- or three-wheel motor vehicle, the component type-approval of an audible warning device in the form of a component and the conditions  governing the free movement of such vehicles and the unimpeded placing on the market of audible warning devices shall be as laid down in Chapters II and III of Directive 92/61/EEC.  Article 3  In accordance with the provisions of Article 11 of Directive 92/61/EEC, equivalence between the requirements laid down in this Directive and those laid down in UN/ECE Regulation No 28 (E/ECE/TRANS/505 - Rev. 1 / Add. 27) is hereby acknowledged.  The authorities of the Member States which grant component type-approval shall accept approvals granted in accordance with the requirements of the abovementioned Regulation No 28 as well as component type-approval marks as an alternative to the  corresponding approvals granted in accordance with the requirements of this Directive.  Article 4  This Directive may be amended in accordance with Article 13 of Directive 70/156/EEC (5) in order to:  - take into account any amendments to the ECE Regulation referred to in Article 3,  - adapt the Annex to technical progress.  Article 5  1. Member States shall adopt and publish the provisions necessary to comply with this Directive not later than 14 December 1994. They shall forthwith inform the Commission thereof.  When the Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the  Member States.  From the date mentioned in the first subparagraph Member States may not, for reasons connected with audible warning devices, prohibit the initial entry into service of vehicles which conform to this Directive.  They shall apply the provisions referred to in the first subparagraph as from 14 June 1995.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the covered by this Directive.  Article 6  This Directive is adressed to the Member States.  Done at Luxembourg, 14 June 1993.  For the Council The President J. TROEJBORG (1) OJ No L 225, 10. 8. 1992, p. 72.(2) OJ No C 293, 9. 11. 1992, p. 15.(3) OJ No C 337, 21. 12. 1992, p. 103 and OJ No C 150, 31. 5. 1993.(4) OJ No C 73, 15. 3. 1993, p. 22.(5) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by  Directive 92/53/EEC (OJ No L 225, 10. 8. 1992, p. 1).   ANNEX I  REQUIREMENTS APPLYING TO THE COMPONENT TYPE-APPROVAL OF AUDIBLE WARNING DEVICES  1. DEFINITIONS For the purposes of this Directive:  1.1. 'audible warning device' means a device emitting an acoustic signal the operation of which is intended to give warning of the presence of or a manoeuvre by a vehicle in a dangerous road traffic situation;  1.1.1. a device consisting of several sound emission orifices that are excited by a single power source shall be considered to be an audible warning device;  1.1.2. an audible warning device consisting of several components each emitting an acoustic signal and operating simultaneously as a result of actuation by a single control shall be considered to be a single audible warning device;  1.2. 'type of audible warning device' means audible warning devices not essentially differing among themselves, particularly in respect of the following aspects:  1.2.1. trade mark or name;  1.2.2. operating principle;  1.2.3. type of power supply (direct current, alternating current, compressed air);  1.2.4. outer shape of the casing;  1.2.5. shape and dimensions of the diaphragm(s);  1.2.6. shape or type of the sound emission orifice(s);  1.2.7. nominal sound frequencies;  1.2.8. nominal supply voltage;  1.2.9. in the case of warning devices supplied direct by an external source of compressed air: the nominal operating pressure.  2. REQUIREMENTS 2.1. Audible warning devices must emit a continuous, uniform sound and their sound spectrum shall not vary perceptibly during operation. In the case of warning devices supplied with an alternating current this requirement applies solely at constant  generator speed, that speed lying within the range specified in 3.3.2.  2.2. Warning devices must display sound characteristics (spectral distribution of the sound energy, sound pressure level) and mechanical characteristics such that, in the order stated, they pass the tests specified in sections 3 and 4.  3. SOUND LEVEL MEASUREMENTS 3.1. Audible warning devices must preferably be tested in an anechoic environment. They may alternatively be tested in a semi-anechoic chamber or in a cleared outside space. In this case, precautions must be taken in order to avoid reflections off the  ground in the measuring area, e.g. by providing a number of absorbent screens. It must be checked that the spherical distortion is no more than 1 dB within a hemisphere having a radius of at least 5 m up to the maximum frequency to be measured, this  mainly being in the direction of measurement and at the height of the device and microphone. The ambient noise must be at least 10 dB lower than the sound pressure levels to be measured.  The device submitted for testing and the microphone must be at the same height. That height must lie between 1.15 and 1.25 m. The line of maximum sensitivity of the microphone must coincide with the direction in which the sound level of the warning  device is at its highest level.  The microphone must be positioned such that its diaphragm is at a distance of 2 ± 0,01 m from the exit plane of the sound emitted by the device. That same distance from devices having several exits must be determined in relation to the exit plane  closest to the microphone.  3.2. The measurements of the sound pressure level must involve the use of a class-1 precision sound level meter meeting the requirements of IEC publication No 651, first edition (1979).  All measurements must be carried out using the 'rapid' time constant. The (A) weighting curve must be used to measure the overall sound pressure levels.  The Fourier transform of the sound signal must be used in measuring the emitted-sound spectrum. Alternatively, third octave filters meeting the requirements set out in IEC publication No 225, first edition (1966) may be used.  In that instance the sound pressure level within the 2 500 Hz centre octave frequency band is determined by adding the quadratic means of the sound pressures in the third-octave bands of centre frequencies of 2 000, 2 500 and 3 150 Hz. In all cases only  the Fourier transform method may be considered to be a reference method.  3.3. The audible warning device must be supplied with one of the following voltages, as appropriate:  3.3.1. in the case of audible warning devices receiving direct current a test voltage of 6,5, 13 or 26 volts, measured at the output side of the eletricity source and corresponding to a nominal voltage of 6, 12 or 24 volts respectively;  3.3.2. where audible warning devices receive direct current that must be supplied by an electrical generator of the type normally used with this type of device. The acoustic characteristics of that type of warning device must be recorded at alternator  speeds corresponding to 50, 75 and 100 % of the maximum speed stated by the manufacturer of the alternator for continuous operation. The alternator must be subject to no other electrical load during the test. The durability test described in section 4  must be carried out at a speed stated by the manufacturer of the equipment and selected from the range referred to above.  3.4. If a rectified current is used for the test on an audible warning device receiving direct current, the unsmoothed component of the voltage at its terminals, measured from peak to peak during operation of the warning devices, must not exceed 0,1  volts.  3.5. The resistance of the electrical conductor for audible warning devices receiving direct current, including the resistance of the terminals and contacts, must lie as closely as possible to:  - 0,05 Ohms for a nominal voltage of 6 V,  - 0,10 Ohms for a nominal voltage of 12 V,  - 0,20 Ohms for a nominal voltage of 24 V.  3.6. The audible warning device must be rigidly mounted, using the part or parts intended for that purpose by its manufacturer on a support, the mass of which is at least 10 times greater than that of the warning device to be tested and at least 30 kg.  Moreover, the support must be arranged in such a way that the reflections off its walls and the vibrations have no significant effect on the results of the measurements.  3.7. Under the conditions set out above the A-weighted sound level must not exceed the following values:  (a) 115 dB(A) for audible warning devices intended mainly for mopeds, motorcycles and tricycles developing a power of not more than 7 kW;  (b) 118 dB(A) for audible warning devices intended mainly for motorcycles and tricycles developing a power of more than 7 kW.  3.7.1. Moreover the sound pressure level within the 1 800-3 550 Hz frequency band must be higher than that of any frequency component above 3 550 Hz, and in any case be at least:  (a) 90 dB(A) in the case of audible warning devices intended mainly for mopeds;  (b) 95 dB(A) for audible warning devices intended mainly for motorcycles and tricycles developing a power of not more than 7 kW;  (c) 105 dB(A) for audible warning devices intended mainly for motorcycles and tricycles developing a power of more than 7 kW.  3.7.2. Audible warning devices displaying the characteristics described in 3.7.1 (c) may be used on the vehicles described in 3.7.1 (a) and (b) while audible warning devices displaying the sound characteristics described in 3.7.1 (b) may be used on  mopeds.  3.8. The characteristics set out above must also be displayed by any audible warning device that has been subjected to the durability test provided for in section 4. The variation in voltage must be either between 115 and 95 % of the rated value for  audible warning devices receiving direct current or between 50 and 100 % of the maximum alternator speed stated by the manufacturer of the alternator for continuous operation in the case of audible warning devices receiving alternating current.  3.9. The time lag between actuation and the moment when the sound reaches the minimum value required by section 3.7 must not exceed 0,2 seconds measured at an ambient temperature of 20 ± 5 °C. This requirement applies, in particular, to pneumatic or  electro-pneumatic warning devices.  3.10. Under the power supply conditions laid down by their manufacturers pneumatic or electro-pneumatic warning devices must yield the same acoustic performance as those required for electric audible warning devices.  3.11. The minimum values quoted above must be obtained for each of the individual components of any multi-tone device each component part of which may emit sound independently. The maximum overall sound level must be achieved with all of the component  parts operating at the same time.  4. DURABILITY TEST 4.1. The audible warning device must be supplied with the nominal voltage at the conductor resistance specified in sections 3.3 to 3.5 and be operated:  - 10 000 times in the case of warning devices intended mainly for mopeds, motorcycles and tricycles developing a power not exceeding 7 kW,  - 50 000 times in the case of warning devices intended mainly for motorcycles and tricycles developing a power of more than 7 kW respectively,  at a rate of one second on followed by four seconds off. During the test the audible warning device must be exposed to a forced draught having a speed of rougly 10 m/sec.  4.2. If a test is conducted within an insulated chamber that chamber must be of sufficient volume to ensure normal dissipation of the heat given off by the warning device during the durability test.  4.3. The ambient temperature within the test chamber must lie between + 15 and + 30 °C.  4.4. If, after half the required number of operations, the characteristics of the sound level have altered as compared with before the test the audible warning device may be reset. When the total number of operations required have been completed the  audible warning device must successfully complete the test described in section 3, where necessary after being further reset.  4.5. Electro-pneumatic audible warning devices may be lubricated with the oil recommended by their manufacturer every 10 000 operations.  5. COMPONENT TYPE-APPROVAL MARK 5.1. All audible warning devices conforming to the type that has been component type-approved must bear a component type-approval mark meeting the requirements set out in Annex V to Council Directive 92/61/EEC.  Appendix 1  Information document in respect of a type of audible warning device intended for two- or three-wheel motor vehicles (to be attached to the application for component type-approval where this is submitted separately from the application for vehicle type-approval) Order No (assigned by the applicant): .  The application for component type-approval in respect of a type of audible warning device intended for two or three-wheel motor vehicles must contain the information set out in Annex II to Council Directive 92/61/EEC, Part A, sections 9.5.1 to 9.5.4.  Appendix 2  Name of administration Component type-approval certificate for a type of audible warning device intended for two- or three-wheel motor vehicles MODEL Report No . by technical service . date .  Component type-approval No: . Extension No: .  1. Make of audible warning device: .  2. Type of audible warning device and vehicle(s) for which it is intended [state the power output of motorcycles and tricycles (& ge; 7 kW or < 7 kW)]: .  3. Manufacturer's name and address: .  .  4. Name and address of manufacturer's representative (if any): .  .  5. Date audible warning device submitted for test: .  6. Component type-approval granted/refused (1):  7. Place: .  8. Date: .  9. Signature: .  (1) Delete as appropriate.   ANNEX II  REQUIREMENTS APPLYING TO THE FITTING OF AUDIBLE WARNING DEVICES TO TWO- OR THREE-WHEEL MOTOR VEHICLES  1. DEFINITIONS For the purposes of this Directive:  1.1. 'type of vehicle' means vehicles not differing essentially among themselves, where any such differences may relate to:  1.1.1. the number and type(s) of audible warning devices fitted to the vehicle;  1.1.2. the warning device adapters on the vehicle;  1.1.3. the position of the warning devices on the vehicle;  1.1.4. the stiffness of the structural parts to which the audible warning device(s) is (are) fitted;  1.1.5. the shape and the materials used in the bodywork forming the front of the vehicle which are likely to affect the level of the sounds emitted by the warning device(s) and to mask those sounds.  2. REQUIREMENTS 2.1. All vehicles must be fitted with an audible warning device that has been component type-approved pursuant to this Directive or to Council Directive 70/388/EEC on the approximation of the laws of the Member States relating to audible warning devices  for motor vehicles (1); however, mopeds equipped with an engine of no more than 0,5 kW, whose maximum design speed does not exceed 25 km/h, may be fitted either with an approved audible warning device or an unapproved mechanical warning device. In the  latter case, the manufacturer must declare that such mechanical device complies with the requirement for that type of device in the Member State in which the low-performance moped is to be marketed.  2.2. The test voltage must be as laid down in section 3.3 in Annex I.  2.3. The sound pressure levels must be measured under the conditions laid down in section 3.2 in Annex I.  2.4. The A-weighted sound pressure level emitted by the device(s) fitted to the vehicle must be measured 7 m ahead of the vehicle, which must have been placed on a clear space, the ground being as smooth as possible and, in the case of direct-current  audible warning devices, the engine of the vehicle being shut down.  2.5. The microphone for the measuring device must be located roughly in the median longitudinal plane of the vehicle.  2.6. The pressure level of the ambient noise and of the noise generated by the wind must be at least 10 dB(A) lower than the sound level to be measured.  2.7. The maximum sound pressure level must be sought within a segment lying between 0,5 and 1,5 m above ground level.  2.8. When measured under the conditions specified in sections 2.2 to 2.7 the maximum sound level value (section 2.7) of the audible warning under test must be at least:  (a) 75 dB(A) and at the most 112 dB(A) for mopeds;  (b) 80 dB(A) and at the most 112 dB(A) for motorcycles and tricycles developing a power of not more than 7 kW;  (c) 93 dB(A) and at the most 112 dB(A) for motorcycles and tricycles developing a power of more than 7 kW.  Appendix 1  Information document in respect of the installation of an audible warning device on a type of two- or three-wheel motor vehicle (to be attached to the application for component type-approval where this is submitted separately from the application for vehicle type-approval) Order No (assigned by the applicant): .  The application for component type-approval in respect of the installation of an audible warning device on a type of two- or three-wheel motor vehicle must contain the information set out under the following points in Annex II to Council Directive  92/61/EEC, Part A, sections:  - 0.1 - 0.2 - 0.4 to 0.6 - 3.2.5 to 3.2.5.2.2 - 9.5.5.  Appendix 2  Name of administration Component type-approval certificate in respect of the installation of an audible warning device on a type of two- or three-wheel motor vehicles MODEL Report No . by technical service . date .  Component type-approval No: . Extension No: .  1. Trade mark or name of vehicle: .  2. Type of vehicle: .  3. Manufacturer's name and address: .  .  4. Name and address of manufacturer's representative (if any): .  .  5. Date vehicle submitted for test: .  6. Component type-approval granted/refused (2):  7. Place: .  8. Date: .  9. Signature: .  (1) OJ No L 176, 10. 8. 1970, p. 12. Directive last amended by Directive 87/354/EEC (OJ No L 192, 11. 7. 1987, p. 43).(2) Delete as appropriate.


title: Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market

text:
               9.3.2007

               EN

               Official Journal of the European Union

               L 69/27

         COMMISSION DIRECTIVE 2007/14/EC
   of 8 March 2007
   laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (1), and in particular Articles 2(3)(a), 5(6), first subparagraph, and 5(6)(c), 9(7), 12(8)(b) to (e), 13(2), 14(2), 21(4)(a), 23(4)(ii) and 23(7) thereof,
   After consulting the Committee of European Securities Regulators (CESR) (2) for technical advice,
   Whereas:

               (1)

               Directive 2004/109/EC establishes the general principles for the harmonisation of transparency requirements in respect of the holding of voting rights or financial instruments that result in an entitlement to acquire existing shares with voting rights. It seeks to ensure that, through the disclosure of accurate, comprehensive and timely information about security issuers, investor confidence is built up and sustained. By the same token, by requiring issuers to be informed of movements affecting major holdings in companies, it seeks to ensure that the latter are in a position to keep the public informed.

               (2)

               The rules for the implementation of the rules governing transparency requirements should likewise be designed to ensure a high level of investor protection, to enhance market efficiency, and to be applied in a uniform manner.

               (3)

               As regards the procedural arrangements in accordance with which investors are to be informed of the issuer's choice of home Member State, it is appropriate that such choices be disclosed in accordance with the same procedure as regulated information under Directive 2004/109/EC.

               (4)

               As regards the minimum content of the condensed set of half-yearly financial statements, where that set is not prepared in accordance with international accounting standards, this should be such as to avoid giving a misleading view of the assets, liabilities, financial position and profit or loss of the issuer. The content of half-yearly reports should be such as to ensure appropriate transparency for investors through a regular flow of information about the performance of the issuer, and that information should be presented in such a way that it is easy to compare it with the information provided in the annual report of the preceding year.

               (5)

               Issuers of shares who prepare consolidated accounts in accordance with International Accounting Standards (IAS) and International Financial Reporting Standards (IFRS) should apply the same definition of related party transactions in annual and half-yearly reports under Directive 2004/109/EC. Issuers of shares who do not prepare consolidated accounts and are not required to apply IAS and IFRS should, in their half-yearly reports under Directive 2004/109/EC, apply the definition of related party transactions set out in Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (3).

               (6)

               For the purposes of benefiting from the exemption from the notification of major holdings under Directive 2004/109/EC in the case of shares acquired for the sole purpose of clearing and settling, the maximum length of the ‘short settlement cycle’ should be as short as possible.

               (7)

               In order for the relevant competent authority to be able to monitor compliance as regards the derogation for market makers with respect to the notification of information about major holdings, the market maker seeking to benefit from that derogation should make known that it is acting or intends to act as market maker and for which shares or financial instruments.

               (8)

               Conducting market making activities in full transparency is particularly important. Thus, the market maker should be capable upon request from the relevant competent authority of identifying the activities conducted in relation to the issuer in question, and in particular the shares or financial instruments held for market making activities purposes.

               (9)

               As regards the calendar of trading days, it is appropriate, for the sake of ease of operation, that time limits be calculated by reference to the trading days in the Member State of the issuer. However, in order to enhance transparency, provision should be made for each competent authority to inform investors and market participants of the calendar of trading days applicable for the various regulated markets situated or operating on its territory.

               (10)

               As regards the circumstances in which notification of major holdings is to be made, it is appropriate to determine when that obligation is triggered either individually or collectively, and how that obligation is to be complied with in the case of proxies.

               (11)

               It is reasonable to assume that natural persons or legal entities exercise a high duty of care when acquiring or disposing of major holdings. It follows that such persons or entities will very quickly become aware of such acquisitions or disposals, or of the possibility to exercise voting rights, and it is therefore appropriate to specify only a very short period following the relevant transaction as the period after which they are deemed to have knowledge.

               (12)

               The exemption from the obligation to aggregate major holdings should be available only to parent undertakings that can demonstrate that their subsidiary management companies or investment firms fulfil adequate conditions of independence. To ensure full transparency, a statement to that effect should be notified ex ante to the relevant competent authority. In this regard, it is important that the notification mentions the competent authority supervising the management companies’ activities under the conditions laid down pursuant to Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (4), irrespective of whether or not they are authorised under that Directive, provided in the latter case that they are supervised under national legislation.

               (13)

               For the purposes of Directive 2004/109/EC, financial instruments should be taken into account in the context of notifying major holdings, to the extent that such instruments give the holder an unconditional right to acquire the underlying shares or discretion as to whether to acquire the underlying shares or cash on maturity. Consequently, financial instruments should not be considered to include instruments entitling the holder to receive shares depending on the price of the underlying share reaching a certain level at a certain moment in time. Nor should they be considered to cover those instruments that allow the instrument issuer or a third party to give shares or cash to the instrument holder on maturity.

               (14)

               The financial instruments in Section C of Annex I of Directive 2004/39/EC of the European Parliament and of the Council (5) which are not mentioned in Article 11(1) of this Commission directive do not qualify as financial instruments within the meaning of Article 13(1) of Directive 2004/109/EC.

               (15)

               Directive 2004/109/EC sets high-level requirements in the area of dissemination of regulated information. The mere availability of information, which means that investors must actively seek it out, is therefore not sufficient for the purposes of that Directive. Accordingly, dissemination should involve the active distribution of information from the issuers to the media, with a view to reaching investors.

               (16)

               Minimum quality standards for the dissemination of regulated information are necessary to ensure that investors, even if situated in a Member State other than that of the issuer, have equal access to regulated information. Issuers should ensure that those minimum standards are met, whether by disseminating the regulated information themselves or by entrusting a third party to do so on their behalf. In the latter case, the third party should be capable of dissemination in adequate conditions and have adequate mechanisms in place to ensure that the regulated information it receives emanates from the relevant issuer and that there is no significant risk of data corruption or of unauthorised access to unpublished inside information. Where the third party provides other services or performs other functions, such as media, competent authorities, stock exchanges or the entity in charge of the officially appointed storage mechanism, such services or functions should be kept clearly separated from the services and functions relating to the dissemination of regulated information. When communicating information to the media, issuers or third parties should give priority to the use of electronic means and industry standard formats so as to facilitate and accelerate the processing of the information.

               (17)

               Additionally, by way of minimum standards, regulated information should be disseminated in a way that ensures the widest possible public access, and where possible reaching the public simultaneously inside and outside the issuer’s home Member State. That is without prejudice to the right of Member States to request issuers to publish parts or all regulated information through newspapers, and to the possibility for issuers to make regulated information available on their own or other websites accessible to investors.

               (18)

               Equivalence should be able to be declared when general disclosure rules of third countries provide users with understandable and broadly equivalent assessment of issuers’ position that enable them to make similar decisions as if they were provided with the information according to requirements under Directive 2004/109/EC, even if the requirements are not identical. However, equivalence should be limited to the substance of the relevant information and no exception as regards the time limits set by Directive 2004/109/EC should be accepted.

               (19)

               In order to establish whether or not a third country issuer is meeting equivalent requirements to those laid down in Article 4(3) of Directive 2004/109/EC, it is important to ensure that there is consistency with Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements (6), in particular the items dealing with Historical Financial Information to be included in a prospectus.

               (20)

               As regards the equivalence of independence requirements, a parent undertaking of a management company or investment firm registered in a third country should be able to benefit from the exemption under Article 12(4) or (5) of Directive 2004/109/EC, independently of whether the authorisation is required by the law of the third country for the controlled management company or investment firm to conduct management activities or portfolio management activities, provided that certain conditions of independence are respected.

               (21)

               The measures provided for in this Directive are in accordance with the opinion of the European Securities Committee,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   This Directive lays down detailed rules for the implementation of Article 2(1)(i)(ii), the second subparagraph of Article 5(3), the second sentence of Article 5(4), Article 9(1), (2) and (4), Article 10, Article 12(1), (2), (4), (5) and (6), Article 12(2)(a), Article 13(1), Article 21(1), Article 23(1) and (6) of Directive 2004/109/EC.
   Article 2
   Procedural arrangements for the choice of the home Member State

      (Article 2(1)(i)(ii) of Directive 2004/109/EC)

   Where the issuer makes a choice of home Member State, that choice shall be disclosed in accordance with the same procedure as regulated information.
   Article 3
   Minimum content of half-yearly non-consolidated financial statements

      (Article 5(3), second subparagraph, of Directive 2004/109/EC)

   1.   The minimum content of the condensed set of half-yearly financial statements, where that set is not prepared in accordance with international accounting standards adopted pursuant to the procedure provided for under Article 6 of Regulation (EC) No 1606/2002, shall be in accordance with paragraphs 2 and 3 of this Article.
   2.   The condensed balance sheet and the condensed profit and loss account shall show each of the headings and subtotals included in the most recent annual financial statements of the issuer. Additional line items shall be included if, as a result of their omission, the half-yearly financial statements would give a misleading view of the assets, liabilities, financial position and profit or loss of the issuer.
   In addition, the following comparative information shall be included:

               (a)

               balance sheet as at the end of the first six months of the current financial year and comparative balance sheet as at the end of the immediate preceding financial year;

               (b)

               profit and loss account for the first six months of the current financial year with, from two years after the date of entry into force of this Directive, comparative information for the comparable period for the preceding financial year.

         3.   The explanatory notes shall include the following:

               (a)

               sufficient information to ensure the comparability of the condensed half-yearly financial statements with the annual financial statements;

               (b)

               sufficient information and explanations to ensure a user's proper understanding of any material changes in amounts and of any developments in the half-year period concerned, which are reflected in the balance sheet and the profit and loss account.

         Article 4
   Major related parties’ transactions

      (Article 5(4), second sentence, of Directive 2004/109/EC)

   1.   In the interim management reports, issuers of shares shall disclose as major related parties’ transactions, as a minimum, the following:

               (a)

               related parties’ transactions that have taken place in the first six months of the current financial year and that have materially affected the financial position or the performance of the enterprise during that period;

               (b)

               any changes in the related parties’ transactions described in the last annual report that could have a material effect on the financial position or performance of the enterprise in the first six months of the current financial year.

         2.   Where the issuer of shares is not required to prepare consolidated accounts, it shall disclose, as a minimum, the related parties’ transactions referred to in Article 43(1)(7b) of Directive 78/660/EEC.
   Article 5
   Maximum length of the usual ‘short settlement cycle’

      (Article 9(4) of Directive 2004/109/EC)

   The maximum length of the usual ‘short settlement cycle’ shall be three trading days following the transaction.
   Article 6
   Control mechanisms by competent authorities as regards market makers

      (Article 9(5) of Directive 2004/109/EC)

   1.   The market maker seeking to benefit from the exemption provided for in Article 9(5) of Directive 2004/109/EC shall notify to the competent authority of the Home Member State of the issuer, at the latest within the time limit laid down in Article 12(2) of Directive 2004/109/EC, that it conducts or intends to conduct market making activities on a particular issuer.
   Where the market maker ceases to conduct market making activities on the issuer concerned, it shall notify that competent authority accordingly.
   2.   Without prejudice to the application of Article 24 of Directive 2004/109/EC, where in case the market maker seeking to benefit from the exemption provided for in Article 9(5) of that Directive is requested by the competent authority of the issuer to identify the shares or financial instruments held for market making activity purposes, that market maker shall be allowed to make such identification by any verifiable means. Only if the market maker is not able to identify the shares or financial instruments concerned, he may be required to hold them in a separate account for the purposes of that identification.
   3.   Without prejudice to the application of Article 24(4)(a) of Directive 2004/109/EC, if a market-making agreement between the market maker and the stock exchange and/or the issuer is required under national law, the market maker shall upon request of the relevant competent authority provide the agreement to such authority.
   Article 7
   Calendar of trading days

      (Article 12(2) and (6), and Article 14(1), of Directive 2004/109/EC)

   1.   For the purposes of Article 12(2) and (6), and Article 14(1), of Directive 2004/109/EC, the calendar of trading days of the home Member State of the issuer shall apply.
   2.   Each competent authority shall publish in its Internet site the calendar of trading days of the different regulated markets situated or operating on the territory within its jurisdiction.
   Article 8
   Shareholders and natural persons or legal entities referred to in Article 10 of the Transparency Directive required to make the notification of major holdings

      (Article 12(2) of Directive 2004/109/EC)

   1.   For the purposes of Article 12(2) of Directive 2004/109/EC, the notification obligation which arises as soon as the proportion of voting rights held reaches, exceeds or falls below the applicable thresholds following transactions of the type referred to in Article 10 of Directive 2004/109/EC shall be an individual obligation incumbent upon each shareholder, or each natural person or legal entity as referred to in Article 10 of that Directive, or both in case the proportion of voting rights held by each party reaches, exceeds or falls below the applicable threshold.
   In the circumstances referred to in point (a) of Article 10 of the Directive 2004/109/EC, the notification obligation shall be a collective obligation shared by all parties to the agreement.
   2.   In the circumstances referred to in point (h) of Article 10 of Directive 2004/109/EC, if a shareholder gives the proxy in relation to one shareholder meeting, notification may be made by means of a single notification at the moment of giving the proxy provided that it is made clear in the notification what the resulting situation in terms of voting rights will be when the proxy may no longer exercise the voting rights at its discretion.
   If, in the circumstances referred to in point (h) of Article 10, the proxy holder receives one or several proxies in relation to one shareholder meeting, notification may be made by means of a single notification at the moment of receiving the proxies provided that it is made clear in the notification what the resulting situation in terms of voting rights will be when the proxy may no longer exercise the voting rights at its discretion.
   3.   Where the duty to make a notification lies with more than one natural person or legal entity, notification may be made by means of a single common notification.
   However, use of a single common notification may not be deemed to release any of the natural persons or legal entities concerned from their responsibility in relation to notification.
   Article 9
   Circumstances under which the notifying person should have learned of acquisition or disposal or of possibility to exercise voting rights

      (Article 12(2) of Directive 2004/109/EC)

   For the purposes of point (a) of Article 12(2) of Directive 2004/109/EC, the shareholder, or the natural person or legal entity referred to in Article 10 of that Directive, shall be deemed to have knowledge of the acquisition, disposal or possibility to exercise voting rights no later than two trading days following the transaction.
   Article 10
   Conditions of independence to be complied with by management companies and investment firms involved in individual portfolio management

      (Article 12(4), first subparagraph, and Article 12(5), first subparagraph, of Directive 2004/109/EC)

   1.   For the purposes of the exemption to the aggregation of holdings provided for in the first subparagraphs of Article 12(4) and (5) of Directive 2004/109/EC, a parent undertaking of a management company or of an investment firm shall comply with the following conditions:

               (a)

               it must not interfere by giving direct or indirect instructions or in any other way in the exercise of the voting rights held by that management company or investment firm;

               (b)

               that management company or investment firm must be free to exercise, independently of the parent undertaking, the voting rights attached to the assets it manages.

         2.   A parent undertaking which wishes to make use of the exemption shall, without delay, notify the following to the competent authority of the home Member State of issuers whose voting rights are attached to holdings managed by the management companies or investment firms:

               (a)

               a list of the names of those management companies and investment firms, indicating the competent authorities that supervise them or that no competent authority supervises them, but with no reference to the issuers concerned;

               (b)

               a statement that, in the case of each such management company or investment firm, the parent undertaking complies with the conditions laid down in paragraph 1.

         The parent undertaking shall update the list referred to in point (a) on an ongoing basis.
   3.   Where the parent undertaking intends to benefit from the exemptions only in relation to the financial instruments referred to in Article 13 of Directive 2004/109/EC, it shall notify to the competent authority of the home Member State of the issuer only the list referred to in point (a) of paragraph 2.
   4.   Without prejudice to the application of Article 24 of Directive 2004/109/EC, a parent undertaking of a management company or of an investment firm shall be able to demonstrate to the competent authority of the home Member State of the issuer on request that:

               (a)

               the organisational structures of the parent undertaking and the management company or investment firm are such that the voting rights are exercised independently of the parent undertaking;

               (b)

               the persons who decide how the voting rights are to be exercised act independently;

               (c)

               if the parent undertaking is a client of its management company or investment firm or has holding in the assets managed by the management company or investment firm, there is a clear written mandate for an arms-length customer relationship between the parent undertaking and the management company or investment firm.

         The requirement in point (a) shall imply as a minimum that the parent undertaking and the management company or investment firm must established written policies and procedures reasonably designed to prevent the distribution of information between the parent undertaking and the management company or investment firm in relation to the exercise of voting rights.
   5.   For the purposes of point (a) of paragraph 1, ‘direct instruction’ means any instruction given by the parent undertaking, or another controlled undertaking of the parent undertaking, specifying how the voting rights are to be exercised by the management company or investment firm in particular cases.
   ‘Indirect instruction’ means any general or particular instruction, regardless of the form, given by the parent undertaking, or another controlled undertaking of the parent undertaking, that limits the discretion of the management company or investment firm in relation to the exercise of the voting rights in order to serve specific business interests of the parent undertaking or another controlled undertaking of the parent undertaking.
   Article 11
   Types of financial instruments that result in an entitlement to acquire, on the holder’s own initiative alone, shares to which voting rights are attached

      (Article 13(1) of Directive 2004/109/EC)

   1.   For the purposes of Article 13(1) of Directive 2004/109/EC, transferable securities; and options, futures, swaps, forward rate agreements and any other derivative contracts, as referred to in Section C of Annex I of Directive 2004/39/EC, shall be considered to be financial instruments, provided that they result in an entitlement to acquire, on the holder's own initiative alone, under a formal agreement, shares to which voting rights are attached, already issued, of an issuer whose shares are admitted to trading on a regulated market.
   The instrument holder must enjoy, on maturity, either the unconditional right to acquire the underlying shares or the discretion as to his right to acquire such shares or not.
   A formal agreement means an agreement which is binding under the applicable law.
   2.   For the purposes of Article 13(1) of Directive 2004/109/EC, the holder shall aggregate and notify all financial instruments within the meaning of paragraph 1 relating to the same underlying issuer.
   3.   The notification required under Article 13(1) of Directive 2004/109/EC shall include the following information:

               (a)

               the resulting situation in terms of voting rights;

               (b)

               if applicable, the chain of controlled undertakings through which financial instruments are effectively held;

               (c)

               the date on which the threshold was reached or crossed;

               (d)

               for instruments with an exercise period, an indication of the date or time period where shares will or can be acquired, if applicable;

               (e)

               date of maturity or expiration of the instrument;

               (f)

               identity of the holder;

               (g)

               name of the underlying issuer.

         For the purposes of point (a), the percentage of voting rights shall be calculated by reference to the total number of voting rights and capital as last disclosed by the issuer under Article 15 of Directive 2004/109/EC.
   4.   The notification period shall be the same as laid down in Article 12(2) of Directive 2004/109/EC and the related implementing provisions.
   5.   The notification shall be made to the issuer of the underlying share and to the competent authority of the home Member States of such issuer.
   If a financial instrument relates to more than one underlying share, a separate notification shall be made to each issuer of the underlying shares.
   Article 12
   Minimum Standards

      (Article 21(1) of Directive 2004/109/EC)

   1.   The dissemination of regulated information for the purposes of Article 21(1) of Directive 2004/109/EC shall be carried out in compliance with the minimum standards set out in paragraphs 2 to 5.
   2.   Regulated information shall be disseminated in a manner ensuring that it is capable of being disseminated to as wide a public as possible, and as close to simultaneously as possible in the home Member State, or the Member State referred to in Article 21(3) of Directive 2004/109/EC, and in the other Member States.
   3.   Regulated information shall be communicated to the media in unedited full text.
   However, in the case of the reports and statements referred to in Articles 4, 5 and 6 of Directive 2004/109/EC, this requirement shall be deemed fulfilled if the announcement relating to the regulated information is communicated to the media and indicates on which website, in addition to the officially appointed mechanism for the central storage of regulated information referred to in Article 21 of that Directive, the relevant documents are available.
   4.   Regulated information shall be communicated to the media in a manner which ensures the security of the communication, minimises the risk of data corruption and unauthorised access, and provides certainty as to the source of the regulated information.
   Security of receipt shall be ensured by remedying as soon as possible any failure or disruption in the communication of regulated information.
   The issuer or the person who has applied for admission to trading on a regulated market without the issuer's consent shall not be responsible for systemic errors or shortcomings in the media to which the regulated information has been communicated.
   5.   Regulated information shall be communicated to the media in a way which makes clear that the information is regulated information, identifies clearly the issuer concerned, the subject matter of the regulated information and the time and date of the communication of the information by the issuer or the person who has applied for admission to trading on a regulated market without the issuer's consent.
   Upon request, the issuer or the person who has applied for admission to trading on a regulated market without the issuer's consent shall be able to communicate to the competent authority, in relation to any disclosure of regulated information, the following:

               (a)

               the name of the person who communicated the information to the media;

               (b)

               the security validation details;

               (c)

               the time and date on which the information was communicated to the media;

               (d)

               the medium in which the information was communicated;

               (e)

               if applicable, details of any embargo placed by the issuer on the regulated information.

         Article 13
   Requirements equivalent to Article 4(2)(b) of Directive 2004/109/EC

      (Article 23(1) of Directive 2004/109/EC)

   A third country shall be deemed to set requirements equivalent to those set out in Article 4(2)(b) of Directive 2004/109/EC where, under the law of that country, the annual management report is required to include at least the following information:

               (a)

               a fair review of the development and performance of the issuer’s business and of its position, together with a description of the principal risks and uncertainties that it faces, such that the review presents a balanced and comprehensive analysis of the development and performance of the issuer’s business and of its position, consistent with the size and complexity of the business;

               (b)

               an indication of any important events that have occurred since the end of the financial year;

               (c)

               indications of the issuer’s likely future development.

         The analysis referred to in point (a) shall, to the extent necessary for an understanding of the issuer’s development, performance or position, include both financial and, where appropriate, non-financial key performance indicators relevant to the particular business.
   Article 14
   Requirements equivalent to Article 5(4) of Directive 2004/109/EC

      (Article 23(1) of Directive 2004/109/EC)

   A third country shall be deemed to set requirements equivalent to those set out in Article 5(4) of Directive 2004/109/EC where, under the law of that country, a condensed set of financial statements is required in addition to the interim management report, and the interim management report is required to include at least the following information:

               (a)

               review of the period covered;

               (b)

               indications of the issuer’s likely future development for the remaining six months of the financial year;

               (c)

               for issuers of shares and if already not disclosed on an ongoing basis, major related parties transactions.

         Article 15
   Requirements equivalent to Articles 4(2) and 5(2)(c) of Directive 2004/109/EC

      (Article 23(1) of Directive 2004/109/EC)

   A third country shall be deemed to set requirements equivalent to those set out in Articles 4(2)(c) and 5(2)(c) of Directive 2004/109/EC where, under the law of that country, a person or persons within the issuer are responsible for the annual and half-yearly financial information, and in particular for the following:

               (a)

               the compliance of the financial statements with the applicable reporting framework or set of accounting standards;

               (b)

               the fairness of the management review included in the management report.

         Article 16
   Requirements equivalent to Article 6 of Directive 2004/109/EC

      (Article 23(1) of Directive 2004/109/EC)

   A third country shall be deemed to set requirements equivalent to those set out in Article 6 of Directive 2004/109/EC where, under the law of that country, an issuer is required to publish quarterly financial reports.
   Article 17
   Requirements equivalent to Article 4(3) of Directive 2004/109/EC

      (Article 23(1) of Directive 2004/109/EC)

   A third country shall be deemed to set requirements equivalent to those set out in the first subparagraph of Article 4(3) of Directive 2004/109/EC where, under the law of that country, the provision of individual accounts by the parent company is not required but the issuer whose registered office is in that third country is required, in preparing consolidated accounts, to include the following information:

               (a)

               for issuers of shares, dividends computation and ability to pay dividends;

               (b)

               for all issuers, where applicable, minimum capital and equity requirements and liquidity issues.

         For the purposes of equivalence, the issuer must also be able to provide the competent authority of the home Member State with additional audited disclosures giving information on the individual accounts of the issuer as a standalone, relevant to the elements of information referred to under points (a) and (b). Those disclosures may be prepared under the accounting standards of the third country.
   Article 18
   Requirements equivalent to Article 4(3), second subparagraph, of Directive 2004/109/EC

      (Article 23(1) of Directive 2004/109/EC)

   A third country shall be deemed to set requirements equivalent to those set out in the second subparagraph of Article 4(3) of Directive 2004/109/EC in relation to individual accounts where, under the law of a third country, an issuer whose registered office is in that third country is not required to prepare consolidated accounts but is required to prepare its individual accounts in accordance with international accounting standards recognised pursuant to Article 3 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council (7) as applicable within the Community or with third country national accounting standards equivalent to those standards.
   For the purposes of equivalence, if such financial information is not in line with those standards, it must be presented in the form of restated financial statements.
   In addition, the individual accounts must be audited independently.
   Article 19
   Requirements equivalent to Article 12(6) of Directive 2004/109/EC

      (Article 23(1) of Directive 2004/109/EC)

   A third country shall be deemed to set requirements equivalent to those set out in Article 12(6) of Directive 2004/109/EC where, under the law of that country, the time period within which an issuer whose registered office is in that third country must be notified of major holdings and within which it must disclose to the public those major holdings is in total equal to or shorter than seven trading days.
   The time frames for the notification to the issuer and for the subsequent disclosure to the public by the issuer may be different from those set out in Articles 12(2) and 12(6) of Directive 2004/109/EC.
   Article 20
   Requirements equivalent to Article 14 of Directive 2004/109/EC

      (Article 23(1) of Directive 2004/109/EC)

   A third country shall be deemed to set requirements equivalent to those set out in Article 14 of Directive 2004/109/EC where, under the law of that country, an issuer whose registered office is in that third country is required to comply with the following conditions:

               (a)

               in the case of an issuer allowed to hold up to a maximum of 5 % of its own shares to which voting rights are attached, it must make a notification whenever that threshold is reached or crossed;

               (b)

               in the case of an issuer allowed to hold up to a maximum of between 5 % and 10 % of its own shares to which voting rights are attached, it must make a notification whenever a 5 % threshold or that maximum threshold is reached or crossed;

               (c)

               in the case of an issuer allowed to hold more than 10 % of its own shares to which voting rights are attached, it must make a notification whenever the 5 % threshold or the 10 % threshold is reached or crossed.

         For the purposes of equivalence, notification above the 10 % threshold need not be required.
   Article 21
   Requirements equivalent to Article 15 of Directive 2004/109/EC

      (Article 23(1) of Directive 2004/109/EC)

   A third country shall be deemed to set requirements equivalent to those set out in Article 15 of Directive 2004/109/EC where, under the law of that country, an issuer whose registered office is in that third country is required to disclose to the public the total number of voting rights and capital within 30 calendar days after an increase or decrease of such total number has occurred.
   Article 22
   Requirements equivalent to Articles 17(2)(a) and 18(2)(a) of Directive 2004/109/EC

      (Article 23(1) of Directive 2004/109/EC)

   A third country shall be deemed to set requirements equivalent to those set out in Article 17(2)(a) and 18(2)(a) of Directive 2004/109/EC, as far as the content of the information about meetings is concerned, where, under the law of that country, an issuer whose registered office is in that third country is required to provide at least information on the place, time and agenda of meetings.
   Article 23
   Equivalence in relation to the test of independence for parent undertakings of management companies and investment firms

      (Article 23(6) of Directive 2004/109/EC)

   1.   A third country shall be deemed to set conditions of independence equivalent to those set out in Article 12(4) and (5) of that Directive where, under the law of that country, a management company or investment firm as referred to in Article 23(6) of Directive 2004/109/EC is required to meet the following conditions:

               (a)

               the management company or investment firm must be free in all situations to exercise, independently of its parent undertaking, the voting rights attached to the assets it manages;

               (b)

               the management company or investment firm must disregard the interests of the parent undertaking or of any other controlled undertaking of the parent undertaking whenever conflicts of interest arise.

         2.   The parent undertaking shall comply with the notification requirements laid down in Article 10(2)(a) and (3) of this Directive.
   In addition, it shall make a statement that, in the case of each management company or investment firm concerned, the parent undertaking complies with the conditions laid down in paragraph 1 of this Article.
   3.   Without prejudice to the application of Article 24 of Directive 2004/109/EC, the parent undertaking shall be able to demonstrate to the competent authority of the home Member State of the issuer on request that the requirements laid down in Article 10(4) of this Directive are respected.
   Article 24
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 months after date of adoption 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 25
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 26
   This Directive is addressed to the Member States.

      Done at Brussels, 8 March 2007.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  OJ L 390, 31.12.2004, p. 38.

      (2)  CESR was established by Commission Decision 2001/527/EC of 6 June 2001 (OJ L 191, 13.7.2001, p. 43).

      (3)  OJ L 222, 14.8.1978, p. 11. Directive as last amended by Directive 2006/46/EC of the European Parliament and of the Council (OJ L 224, 16.8.2006, p. 1).

      (4)  OJ L 375, 31.12.1985, p. 3, Directive as last amended by Directive 2005/1/EC of the European Parliament and of the Council (OJ L 79, 24.3.2005, p. 9).

      (5)  OJ L 145, 30.4.2004, p. 1. Directive as amended by Directive 2006/31/EC (OJ L 114, 27.4.2006, p. 60).

      (6)  OJ L 149, 30.4.2004, p. 1, as corrected by OJ L 215, 16.6.2004, p. 3. Regulation as amended by Regulation (EC) No 1787/2006 (OJ L 337, 5.12.2006, p. 17).

      (7)  OJ L 243, 11.9.2002, p. 1.


Important legal notice

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31977L0212

Council Directive 77/212/EEC of 8 March 1977 amending Directive 70/157/EEC relating to the permissible sound level and the exhaust system of motor vehicles

Official Journal L 066 , 12/03/1977 P. 0033 - 0034 Finnish special edition: Chapter 15 Volume 2 P. 0061  Greek special edition: Chapter 13 Volume 6 P. 0020  Swedish special edition: Chapter 15 Volume 2 P. 0061  Spanish special edition: Chapter 13 Volume 7 P. 0023  Portuguese special edition Chapter 13 Volume 7 P. 0023  Special edition in Czech Chapter 13 Volume 004 P. 19  - 20 Special edition in Estonian Chapter 13 Volume 004 P. 19  - 20 Special edition in Hungarian Chapter 13 Volume 004 P. 19  - 20 Special edition in Lithuanian Chapter 13 Volume 004 P. 19  - 20 Special edition in Latvian Chapter 13 Volume 004 P. 19  - 20 Special edition in Maltese Chapter 13 Volume 004 P. 19  - 20 Special edition in Polish Chapter 13 Volume 004 P. 19  - 20 Special edition in Slovakian Chapter 13 Volume 004 P. 19  - 20 Special edition in Slovenian Chapter 13 Volume 004 P. 19  - 20

		COUNCIL DIRECTIVEof 8 March 1977amending Directive 70/157/EEC relating to the permissible sound level and the exhaust system of motor vehicles(77/212/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 Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles [3], as last amended by Directive 73/350/EEC [4], lays down in its Annex the noise level limits for motor vehicles intended for use on the road, with or without bodywork, and having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails, agricultural or forestry tractors and machinery and public works vehicles;Whereas for the protection of the general public from noise nuisance, suitable measures are required to reduce the noise level of motor vehicles; whereas such a reduction has been made possible by the technical progress in motor vehicle construction;Whereas the Annex to Directive 70/157/EEC should accordingly be amended by reducing the permissible noise-level values expressed in dB (A) for every category of vehicle referred to therein,HAS ADOPTED THIS DIRECTIVE:Article 1In the Annex to Directive 70/157/EEC, the table in section I.1 shall be replaced by the following table:Vehicle category | Value expressed in dB (A) decibels (A) |I.1.1.Vehicles intended for the carriage of passengers and comprising not more than nine seats including the driver's seat | 80 |I.1.2.Vehicles intended for the carriage of passengers, comprising more than nine seats including the driver's seat, and having a permissible maximum weight not exceeding 3·5 tonnes | 81 |I.1.3.Vehicles intended for the carriage of goods and having a permissible maximum weight not exceeding 3·5 tonnes | 81 |I.1.4.Vehicles intended for the carriage of passengers, comprising more than nine seats including the driver's seat, and having a permissible maximum weight exceeding 3·5 tonnes | 82 |I.1.5.Vehicles intended for the carriage of goods and having a permissible maximum weight exceeding 3·5 tonnes | 86 |I.1.6.Vehicles intended for the carriage of passengers, comprising more than nine seats including the driver's seat, and having an engine power equal to or exceeding 200 hp DIN | 85 |I.1.7.Vehicles intended for the carriage of goods or materials, having an engine power equal to or exceeding 200 hp DIN and a permissible maximum weight exceeding 12 tonnes | 88 |Article 21. With effect from 1 April 1977, no Member State shall, on grounds relating to the noise level and the exhaust system:- refuse EEC type-approval, or issue of the document referred to in Article 10 (1), third indent, of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers [5], as amended by the Act of Accession, or national type-approval for any type of motor vehicle,- or prohibit the initial entry into service of vehicles,if the noise level and the exhaust system of such type of vehicle or vehicles satisfy the requirements of Directive 70/157/EEC, as amended by the present Directive.2. With effect from 1 April 1980, Member States:- shall no longer issue the document provided for in Article 10 (1), third indent, of Directive 70/156/EEC for a type of vehicle whose noise level and exhaust system do not satisfy the requirements of Directive 70/157/EEC, as amended by the present Directive,- may refuse national type-approval for a type of vehicle whose noise level and exhaust system do not satisfy the requirements of Directive 70/157/EEC, as amended by the present Directive.However, for vehicles in category I.1.6 as shown in the table in Article 1, the date "1 April 1980" shall be replaced by the date "1 April 1982".3. With effect from 1 October 1982, Member States may prohibit the initial entry into service of vehicles whose noise level and exhaust system do not satisfy the requirements of Directive 70/157/EEC, as amended by the present Directive.Article 3Member States shall adopt and publish the provisions necessary to comply with this Directive by 1 April 1977 and shall forthwith inform the Commission thereof.Article 4This Directive is addressed to the Member States.Done at Brussels, 8 March 1977.For the CouncilThe PresidentD. OWEN[1] OJ No C 5, 8. 1. 1975, p. 54.[2] OJ No C 62, 15. 3. 1975, p. 33.[3] OJ No L 42, 23. 2. 1970, p. 16.[4] OJ No L 321, 22. 11. 1973, p. 33.[5] OJ No L 42, 23. 2. 1970, p. 1.--------------------------------------------------