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31995L0019

Council Directive 95/19/EC of 19 June 1995 on the allocation of railway infrastructure capacity and the charging of infrastructure fees

Official Journal L 143 , 27/06/1995 P. 0075 - 0078

COUNCIL DIRECTIVE 95/19/EC of 19 June 1995 on the allocation of railway infrastructure capacity and the charging of infrastructure fees THE COUNCIL OF THE EUROPEAN UNION,Having 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 laid down in Article 189c of the Treaty (3),Whereas greater integration of the Community transport sector is an essential element of the internal market and whereas the railways are a vital part of the Community transport sector;Whereas the principle of the freedom to provide services needs to be applied in the railway sector, taking account of the specific characteristics of that sector;Whereas Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (4) provides for certain access rights in international rail transport for railway undertakings and international groupings of railway undertakings;Whereas it is important to ensure that, where railway undertakings and the international groupings which they constitute provide the services referred to in Article 10 of Directive 91/440/EEC, they benefit fully from the new access rights and whereas, to this end, it is appropriate to establish a system for the allocation of railway infrastructure and the charging of infrastructure fees which is non-discriminatory and uniform throughout the Community;Whereas the scope of Directive 91/440/EEC should be maintained, including the exceptions laid down therein for regional, urban and suburban services, and whereas it should be specified that transport operations in the form of shuttle services through the Channel Tunnel are also excluded from the scope of that Directive;Where, pursuant to the principle of subsidiarity, it is appropriate that the Community lay down the broad principles of such a system, leaving it to the Member States to put in place the detailed rules for the relevant practical implementation;Whereas the Member States should ensure sufficient flexibility as regards the allocation of infrastructure capacity to allow efficient and optional use of the infrastructure;Whereas, however, it is necessary to grant certain priority rights with regard to the allocation of infrastructure capacity, notably for public services and services provided on a specific railway infrastructure;Whereas it is also necessary to provide for the possibility of granting special rights in allocating infrastructure capacity if those rights are essential to ensure adequate transport services or to allow the financing of new infrastructure;Whereas the accounts of the infrastructure manager should be in balance so that infrastructure expenditure can be covered;Whereas, furthermore, it is necessary to define non-discriminatory rules as regards the charging of infrastructure fees in the same market;Whereas efficient use of infrastructure capacity requires that fees be fixed according to a common set of general criteria;Whereas, out of a general concern for transparency and non-discrimination, common rules should be adopted concerning the procedures for the allocation of infrastructure capacity and the charging of infrastructure fees;Whereas, in the interests of traffic safety, railway undertakings must, in order to have access to a particular infrastructure, hold a certificate of safety based on certain common criteria and on national provisions, issued by the body competent for the infrastructure used; whereas they must also conclude with the infrastructure manager the requisite technical, administrative and financial agreements;Whereas it is necessary to guarantee possibilities for making an appeal before an independent body against decisions taken by the authorities and bodies competent as regards the allocation of infrastructure capacity and the charging of infrastructure fees; whereas this possibility for making an appeal is required in particular to resolve any conflicts of interest in cases where an infrastructure manager is at the same time a transport services operator and is responsible for allocating train paths and/or collecting infrastructure fees,HAS ADOPTED THIS DIRECTIVE:SECTION I Objective and scope Article 1 1. The purpose of this Directive is to define the principles and procedures to be applied with regard to the allocation of railway infrastructure capacity and the charging of infrastructure fees for railway undertakings which are or will be established in the Community and the international groupings which they form, where such undertakings and groupings carry out services referred to in Article 10 of Directive 91/440/EEC under the conditions laid down in that Article.2. Railway undertakings the activities of which are limited to the operation of urban, suburban and regional services shall be excluded from the scope of this Directive.Railway undertakings and international groupings the business of which is limited to providing shuttle services for road vehicles through the Channel Tunnel are also excluded from the scope of this Directive.3. Railway infrastructure capacity shall be granted in the form of the allocation of train paths in accordance with Community and national law.Article 2 For the purpose of this Directive:(a) 'railway undertaking` means any public or private undertaking the main business of which is to provide rail transport services for goods and/or passengers, with a requirement that the undertaking must ensure traction;(b) 'international grouping` means any association of at least two railway undertakings established in different Member States for the purpose of providing international transport services between Member States;(c) 'infrastructure manager` means any public body or undertaking responsible in particular for establishing and maintaining railway infrastructure, as well as for operating the control and safety systems;(d) 'train path` means the infrastructure capacity needed to run a train between two places at a given time;(e) 'allocation` means the allocation of railway infrastructure capacity by an allocation body;(f) 'allocation body` means the authority and/or infrastructure manager designated by the Member States for the allocation of infrastructure capacity.SECTION II Allocation of railway infrastructure capacity Article 3 Each Member State shall designate the allocation body in accordance with the requirements of this Directive. In particular, the allocation body, which shall be informed of all train paths available, shall ensure that:- railway infrastructure capacity is allocated on a fair and non-discriminatory basis and that,- subject to Articles 4 and 5, the allocation procedure allows optimum effective use the infrastructure.Article 4 1. Member States may take the necessary measures to ensure that priority is given to the following rail services in the allocation of railway infrastructure capacity:(a) services provided in the interest of the public, as defined in Council Regulation (EEC) No 1191/69 of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway (5);(b) services wholly or partly operated on infrastructure constructed or developed for certain specific services (specialized high-speed or freight lines), without prejudice to Articles 85, 86 and 90 of the Treaty.This provision shall apply without discrimination to all services within the scope of Article 1 having comparable characteristics and providing similar services.2. With regard to services provided under paragraph 1 (a), Member States may compensate the infrastructure manager for any financial losses incurred due to the imposition of a certain infrastructure capacity allocation in the interests of public service.Article 5 Member States may grant special rights as regards infrastructure capacity allocation on a non-discriminatory basis to railway undertakings operating certain types of services or in certain areas if such rights are indispensable to ensure adequate public services or efficient use of infrastructure capacity or to allow the financing of new infrastructures, without prejudice to Articles 85, 86 and 90 of the Treaty.SECTION III Charging of infrastructure fees Article 6 1. The accounts of an infrastructure manager shall, under normal business conditions over a reasonable time period, at least balance income from infrastructure fees plus State contributions on the one hand and infrastructure expenditure on the other.2. The infrastructure manager may finance infrastructure development including provision or renewal of capital assets, and may make a return on capital employed.Article 7 There shall be no discrimination in the charging for services of an equivalent nature in the same market.After consulting the infrastructure manager, Member States shall lay down the rules for determining the infrastructure fees. These rules shall provide the infrastructure manager with the facility to market the available infrastructure capacity efficiently.Article 8 1. The fees charged by the infrastructure manager shall be fixed according to the nature of the service, the time of the service, the market situation and the type and degree of wear and tear of the infrastructure.2. As regards the procedures for the payment of fees, Member States may provide for the possibility that a global agreement be concluded with the infrastructure manager as regards public services, in accordance with Regulation (EEC) No 1191/69.Article 9 1. The fees shall be paid to the infrastructure manager(s).2. Member States may require the infrastructure manager to provide all the information on the fees necessary to satisfy them that they are charged on a non-discriminatory basis.3. The infrastructure manager shall inform railway undertakings using its infrastructure to provide services referred to in Article 10 of Directive 91/440/EEC in good time of any major changes in the quality or capacity of the infrastructure concerned.SECTION IV General provisions Article 10 1. Member States shall lay down the procedures for the allocation of railway infrastructure capacity referred to in Article 1 (3). They shall publish their procedural rules and inform the Commission thereof.2. An application for infrastructure capacity shall be submitted to the allocation body of the Member State on the territory of which the departure point of the service concerned is situated.3. The allocation body to which an application has been submitted shall immediately inform the other allocation bodies concerned of this request. The latter shall take a decision as soon as possible but no later than one month after all relevant information has been submitted; each allocation body shall have the right to refuse an application. They shall immediately inform the allocation body to which the request has been submitted.The allocation body to which an application has been submitted shall, together with the other allocation bodies concerned, take a decision on the application as soon as possible, but no later than two months after all relevant information has been submitted.An application which has been refused on the grounds of insufficient capacity shall be reconsidered at the next time-table adjustment for the routes concerned if the applicant undertaking so requests. The dates for such adjustments and other administrative arrangements shall be available to interested parties.The decision shall be communicated to the applicant undertaking. A refusal shall indicate the reason therefore.4. An applicant undertaking may directly contact the other allocation bodies concerned with this request on condition that the allocation body to which the application has been submitted is informed.5. The railway undertakings to which railway infrastructure capacity is allocated shall conclude the necessary administrative, technical and financial agreements with the infrastructure managers.Article 11 1. The Member States shall provide that in addition a safety certificate in which the railway undertakings' safety requirements are set out be submitted in order to ensure safe service on the routes concerned.2. In order to obtain the safety certificate, the railway undertaking must comply with the regulations under national law, compatible with Community law and applied in a non-discriminatory manner, laying down the technical and operational requirements specific to rail services and the safety requirements applying to staff, rolling stock and the undertaking's internal organization.In particular, it must provide proof that the staff whom it employs to operate and accompany the trains providing services referred to in Article 10 of Directive 91/440/EEC has the necessary training to comply with the traffic rules applied by the infrastructure manager and to meet the safety requirements imposed on it in the interests of train movement.The railway undertaking must also prove that the rolling stock comprising these trains has been approved by the public authority or by the infrastructure manager and checked in accordance with the operating rules applicable to the infrastructure used. The safety certificate shall be issued by the authority designated for the purpose by the Member State in which the infrastructure used is situated.Article 12 Member States may provide for the possibility that applications for infrastructure access are accompanied by a deposit or similar security.If an applicant does not make use of an allocated train path, an amount may be deducted from the deposit which represents the cost incurred in processing the application and any subsequent loss of earnings due to the non-use of the infrastructure capacity concerned. In the other cases, the deposit/security shall be returned in its entirety.SECTION V Final provisions Article 13 1. Member States shall take the measures necessary to ensure that decisions on the allocation of infrastructure capacity or the charging of fees shall be open to appeal before an independent body when so requested in writing by a railway undertaking. This body shall take its decision within two months of the submission of all relevant information.2. Member States shall take the measures necessary to ensure that decisions taken in accordance with paragraph 1 are subject to judicial review.Article 14 1. The Commission shall, two years after the application of this Directive, submit to the Council a report, accompanied - if necessary - by proposals regarding continued Community action, with particular regard to the possibility of enlarging the scope of the Directive.2. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than two years following the date of the entry into force of this Directive. They shall forthwith inform the Commission thereof.3. When Member States adopt the provisions referred to in paragraph 2, they shall contain a reference to this Directive or be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by the Member States.Article 15 This Directive shall enter into force on the date of its publication in the Official Journal of the European Communities.Article 16 This Directive is addressed to the Member States.Done at Luxembourg, 19 June 1995.For the CouncilThe PresidentB. PONS(1) OJ No C 24, 28. 1. 1994, p. 2 and OJ No C 225, 13. 8. 1994, p. 11.(2) Opinion delivered on 14 September 1994 (OJ No C 393, 31. 12. 1994, p. 56).(3) Opinion of the European Parliament of 3 May 1994 (OJ No C 205, 25. 7. 1994, p. 38), Council Common Position of 21 November 1994 (OJ No C 354, 13. 12. 1994, p. 19) and Decision of the European Parliament of 14 March 1995 (OJ No C 89, 10. 4. 1995, p. 31).(4) OJ No L 237, 24. 8. 1991, p. 25.(5) OJ No L 156, 28. 6. 1969, p. 1. Regulation as last amended by Regulation (EEC) No 1893/91 (OJ No L 169, 29. 6. 1991, p. 1).


title: Commission Directive 2006/27/EC of  3 March 2006  amending for the purposes of adapting to technical progress Council Directives 93/14/EEC on the braking of two- or three-wheel motor vehicles and 93/34/EEC on statutory markings for two- or three-wheel motor vehicles, Directives of the European Parliament and of the Council 95/1/EC on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles and 97/24/EC on certain components and characteristics of two- or three-wheel motor vehicles   (Text with EEA relevance)

text:
               8.3.2006

               EN

               Official Journal of the European Union

               L 66/7

      COMMISSION DIRECTIVE 2006/27/EC
   of 3 March 2006
   amending for the purposes of adapting to technical progress Council Directives 93/14/EEC on the braking of two- or three-wheel motor vehicles and 93/34/EEC on statutory markings for two- or three-wheel motor vehicles, Directives of the European Parliament and of the Council 95/1/EC on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles and 97/24/EC on certain components and characteristics of two- or three-wheel motor vehicles
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two- and three-wheel motor vehicles and repealing Council Directive 92/61/EEC (1), and in particular Article 17 thereof,
   Having regard to Council Directive 93/14/EEC of 5 April 1993 on the braking of two- or three-wheel motor vehicles (2), and in particular Article 4 thereof,
   Having regard to Council Directive 93/34/EEC of 14 June 1993 on statutory markings for two- or three-wheel motor vehicles (3), and in particular Article 3 thereof,
   Having regard to Directive 95/1/EC of the European Parliament and of the Council of 2 February 1995 on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles (4), and in particular Article 4 thereof,
   Having regard to Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two- or three-wheel motor vehicles (5), and in particular Article 7 thereof,
   Whereas:

               (1)

               Directives 93/14/EEC, 93/34/EEC, 95/1/EC and 97/24/EC are separate Directives for the purposes of the EC type-approval procedure laid down by Directive 2002/24/EC.

               (2)

               It is necessary to introduce the last amendment to United Nations ECE Regulation No 78 into the European type approval requirements in order to maintain equivalence between the requirements laid down in Directive 93/14/EEC and those laid down in United Nations ECE Regulation No 78.

               (3)

               The requirements on statutory markings and maximum speed for two- and three-wheel motor vehicles as laid down in Directives 93/34/EEC and 95/1/EC can be simplified for reasons of better regulation.

               (4)

               In order to ensure the proper functioning of the type-approval system as a whole, it is necessary to clarify which provisions concerning external projections, safety belt anchorages and safety belts shall apply to bodied vehicles and to unbodied vehicles.

               (5)

               In Directive 97/24/EC, the requirements for marking of original catalytic converters and original silencers need to be clarified and completed.

               (6)

               Directives 93/14/EEC, 93/34/EEC, 95/1/EC and 97/24/EC should therefore be amended accordingly.

               (7)

               The measures provided for this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   The Annex to Directive 93/14/EEC is amended in accordance with the text set out in Annex I to this Directive.
   Article 2
   The Annex to Directive 93/34/EEC is amended in accordance with the text set out in Annex II to this Directive.
   Article 3
   Annex I to Directive 95/1/EC is amended in accordance with the text set out in Annex III to this Directive.
   Article 4
   Annex III to Chapter 1, Annexes I and II to Chapter 3, Annex I to Chapter 4, Annexes I, II, VI, and VII to Chapter 5, the Annex to Chapter 7, Annexes II, III and IV to Chapter 9, the title and Annex I to Chapter 11, and Annexes I and II to Chapter 12 of Directive 97/24/EC are amended in accordance with the text set out in Annex IV to this Directive.
   Article 5
   1.   With effect from 1 January 2007, with respect to two- or three- wheel vehicles which comply with the provisions laid down in Directives 93/14/EEC, 93/34/EC, 95/1/EC, and 97/24/EC respectively, as amended by this Directive, Member States shall not, on grounds relating to the subject matter of the Directive concerned, refuse to grant EC type-approval or prohibit the registration, sale or entry into service of such a vehicle.
   2.   With effect from 1 July 2007, Member States shall refuse, on grounds relating to the subject matter of the Directive concerned, to grant EC type-approval to any new type of two- or three-wheel motor vehicle which does not comply with the provisions laid down in Directives 93/14/EEC, 93/34/EC, 95/1/EC and 97/24/EC respectively, as amended by this Directive.
   Article 6
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2006 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 7
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 8
   This Directive is addressed to the Member States.

      Done at Brussels, 3 March 2006.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission Directive 2005/30/EC (OJ L 106, 27.4.2005, p. 17).

      (2)  OJ L 121, 15.5.1993, p. 1.

      (3)  OJ L 188, 29.7.1993, p. 38. Directive as amended by Commission Directive 1999/25/EC (OJ L 104, 21.4.1999, p. 19).

      (4)  OJ L 52, 8.3.1995, p. 1. Directive as amended by Commission Directive 2002/41/EC (OJ L 133, 18.5.2002, p. 17).

      (5)  OJ L 226, 18.8.1997, p. 1. Directive as last amended by Directive 2005/30/EC.

      ANNEX I
      The Annex to Directive 93/14/EEC is amended as follows:

                  (1)

                  The following section 2.1.1.3 is added:

                              ‘2.1.1.3.

                              Brake linings shall not contain asbestos.’;

                  (2)

                  Appendix 1 is amended as follows:

                              (a)

                              Sections 1.1.1 and 1.1.2 are replaced by the following:

                                          ‘1.1.1.

                                          The performance prescribed for braking devices shall be based on the stopping distance and/or the mean fully developed deceleration. The performance of a braking device shall be determined by measuring the stopping distance in relation to the initial speed of the vehicle and/or measuring the mean fully developed deceleration during the test.

                                          1.1.2.

                                          The stopping distance shall be the distance covered by the vehicle from the moment when the driver begins to actuate the control of the braking system until the moment when the vehicle stops; the initial vehicle speed, v1, shall be the speed at the moment when the driver begins to actuate the control of the braking system; the initial speed shall not be less than 98 % of the prescribed speed for the test in question. The mean fully developed deceleration, (dm), shall be calculated as the deceleration averaged with respect to distance over the interval vb to ve according to the following formula:

                                          Where:

                                                      dm

                                                      =

                                                      means fully developed deceleration

                                                      v1

                                                      =

                                                      as defined above

                                                      vb

                                                      =

                                                      vehicle speed at 0,8 v1 in km/h

                                                      ve

                                                      =

                                                      vehicle speed at 0,1 v1 in km/h

                                                      sb

                                                      =

                                                      distance travelled between v1 and vb in metres

                                                      se

                                                      =

                                                      distance travelled between v1 and ve in metres

                                                The speed and distance shall be determined using instrumentation having an accuracy of ± 1 % at the prescribed speed for the test. The “dm” may be determined by other methods than the measurement of speed and distance; in this case, the accuracy of the “dm” shall be within ± 3 %.’;

                              (b)

                              In Section 1.1.3, the word ‘component’ is replaced by ‘vehicle’;

                              (c)

                              Section 1.2.1.1 is replaced by the following:

                                          ‘1.2.1.1.

                                          The limits prescribed for minimum performance are those laid down hereunder for each category of vehicle; the vehicle shall satisfy both the prescribed stopping distance and the prescribed mean fully developed deceleration for the relevant vehicle category, but it may not be necessary to measure both parameters.’;

                              (d)

                              Section 1.4.2.1 is replaced by the following:

                                          ‘1.4.2.1.

                                          The vehicle and the brake(s) to be tested must be substantially free from moisture and the brake(s) cold. A brake is deemed to be cold when the temperature measured on the disc or on the outside of the drum is below 100 °C;’.

      ANNEX II
      The Annex to Directive 93/34/EEC is amended as follows:
      Section 3.1.1.2 is replaced by the following:

                     ‘3.1.1.2.

                     The second part consists of six characters (letters or digits) for the purpose of describing the general characteristics of the vehicle (type, variant, and in the case of mopeds, version); each characteristic may be represented by several characters. If its manufacturer does not use one or more of those characters the unused spaces must be filled by alphabetical or numerical characters, the choice being left to the manufacturer;’.

      ANNEX III
      Annex I to Directive 95/1/EC is amended as follows:
      Section 7 is replaced by the following:

         ‘7.   MAXIMUM SPEED
         The maximum speed of the vehicle is expressed in kilometres per hour by the figure corresponding to the closest whole number to the arithmetical mean of the values for the speeds measured during the two consecutive tests, which must not diverge by more than 3 %. When this arithmetical mean lies exactly between two whole numbers it is rounded up to the next highest number. In the case of vehicles where the maximum speed is not limited by the relevant definition given in Article 1, sections 2 and 3 of Directive 2002/24/EC, no type-approval test is needed and the maximum speed shall be accepted as being that declared by the vehicle manufacturer in the information document given in Annex II to Directive 2002/24/EC.’.

      ANNEX IV
      Directive 97/24/EC is amended as follows:

                  (1)

                  In section II.1 of Appendix 2 to Annex III to Chapter 1, the fifth indent is deleted.

                  (2)

                  Chapter 3 is amended as follows:

                              (a)

                              Annex I is amended as follows:

                                          (i)

                                          The title is replaced by the following:

                                          (ii)

                                          The following section 3.6 is added:

                                                      ‘3.6.

                                                      In the case of two-wheel vehicles that are fitted with a form of structure or panels intended to enclose, or partially enclose, the driver or passengers or to cover components of the vehicle, the type-approval authority or technical service may, at its discretion and in discussion with the vehicle manufacturer, apply the requirements of this Annex, or of Annex II, to all or part of the vehicle based on an assessment of the worst case condition.’;

                                          (iii)

                                          Section 6.2 is replaced by the following:

                                                      ‘6.2.

                                                      The end of the clutch and brake levers shall be perceptibly spherical and have a radius of curvature of at least 7 mm. The outer edges of these levers shall have a radius of curvature of not less than 2 mm. The verification is done with the levers in non-applied position.’

                              (b)

                              The title and ‘GENERAL’ section of ANNEX II are replaced by the following:
                              ‘REQUIREMENTS APPLYING TO EXTERNAL PROJECTIONS FROM THREE-WHEEL MOTOR VEHICLES, LIGHT QUADRICYCLES AND QUADRICYCLES
                              GENERAL
                              The requirements set out in Directive 74/483/EEC (1) relating to the external projections of (category M1) motor vehicles shall apply to three-wheel motor vehicles intended for the carriage of passengers.
                              However, bearing in mind the variety of forms of construction of these vehicles, the type approval authority or technical service may, at its discretion and in discussion with the vehicle manufacturer, apply the requirements of this Annex, or of Annex I to all or part of the vehicle, based on an assessment of the worst case condition.
                              This shall also apply to the requirements given below with regard to the requirements for three-wheel vehicles, light quadricycles and quadricycles.
                              The following requirements shall apply to three-wheel motor vehicles, light quadricycles and quadricycles intended for the carriage of goods.

                  (3)

                  In Annex I to Chapter 4 the following sections 14 and 15 are added:

                              ‘14.

                              “Unbodied vehicle” means a vehicle for which the passenger compartment is not bounded by at least four of all of the following features: windscreen, floor, roof and side and rear walls or doors.

                              15.

                              “Bodied vehicle” means a vehicle for which the passenger compartment is bounded or may be bounded by at least four of the following elements: windscreen, floor, roof and side and rear walls or doors.’

                  (4)

                  Chapter 5 is amended as follows:

                              (a)

                              Annex I is amended as follows:

                                          (i)

                                          Section 2.3.2 is replaced by the following:

                                                      ‘2.3.2.

                                                      All original equipment catalytic converter(s) shall bear at least the following identifications:

                                                                  —

                                                                  the “e” mark followed by the identification of the country which granted the type-approval,

                                                                  —

                                                                  the vehicle manufacturer's name or trade mark,

                                                                  —

                                                                  the make and identifying part number.

                                                            This reference must be legible and indelible and also visible, in the position at which it is to be fitted.’

                                          (ii)

                                          Section 5.2.1 is replaced by the following and sections 5.2.1.1 and 5.2.1.2 are deleted:
                                          ‘5.2.1.   Markings
                                          Original replacement catalytic converters shall bear at least the following identifications:

                                                      —

                                                      the “e” mark followed by the identification of the country which granted the type-approval,

                                                      —

                                                      the vehicle manufacturer's name or trade mark,

                                                      —

                                                      the make and identifying part number.

                                                This reference must be legible and indelible and also visible, in the position at which it is to be fitted.’;

                              (b)

                              Annex II is amended as follows:

                                          (i)

                                          Section 2.4.2 is replaced by the following:

                                                      ‘2.4.2.

                                                      All original equipment catalytic converter(s) shall bear at least the following identifications:

                                                                  —

                                                                  the “e” mark followed by the identification of the country which granted the type-approval,

                                                                  —

                                                                  the vehicle manufacturer's name or trade mark,

                                                                  —

                                                                  the make and identifying part number.

                                                            This reference must be legible and indelible and also visible, in the position at which it is to be fitted.’

                                          (ii)

                                          Section 5.2.1 is replaced by the following and sections 5.2.1.1 and 5.2.1.2 are deleted:
                                          ‘5.2.1.   Markings
                                          Original replacement catalytic converters shall bear at least the following identifications:

                                                      —

                                                      the “e” mark followed by the identification of the country which granted the type-approval,

                                                      —

                                                      the vehicle manufacturer's name or trade mark,

                                                      —

                                                      the make and identifying part number.

                                                This reference must be legible and indelible and also visible, in the position at which it is to be fitted.’;

                              (c)

                              Section 4a of Annex VI is replaced by the following:
                              ‘4a.   Catalytic converters
                              4a.1.   Original equipment catalytic converter tested to all the requirements of this directive
                              4a.1.1.   Make and type of original equipment catalytic converter as listed in item 3.2.12.2.1 of Annex V (the information document).
                              4a.2.   Original replacement catalytic converter tested to all the requirements of this directive
                              4a.2.1.   Make(s) and type(s) of original replacement catalytic converter as listed in item 3.2.12.2.1 of Annex V (the information document)’;

                  (5)

                  Figure 1 of the Annex to chapter 7 is replaced by the following:
                  Figure 1

                  (6)

                  Chapter 9 is amended as follows:

                              (a)

                              Section 2.3.2.2 of Annex II is replaced by the following:

                                          ‘2.3.2.2.

                                          All original silencers shall bear at least the following identifications:

                                                      —

                                                      the “e” mark followed by the identification of the country which granted the type-approval,

                                                      —

                                                      the vehicle manufacturer's name or trade mark,

                                                      —

                                                      the make and identifying part number.

                                                This reference must be legible and indelible and also visible, in the position at which it is to be fitted.’;

                              (b)

                              Section 2.3.2.2 of Annex III is replaced by the following:

                                          ‘2.3.2.2.

                                          All original silencers shall bear at least the following identifications:

                                                      —

                                                      the “e” mark followed by the identification of the country which granted the type-approval,

                                                      —

                                                      the vehicle manufacturer's name or trade mark,

                                                      —

                                                      the make and identifying part number.

                                                This reference must be legible and indelible and also visible, in the position at which it is to be fitted.’;

                              (c)

                              Section 2.4.2.2 of Annex IV is replaced by the following:

                                          ‘2.4.2.2.

                                          All original silencers shall bear at least the following identifications:

                                                      —

                                                      the “e” mark followed by the identification of the country which granted the type-approval,

                                                      —

                                                      the vehicle manufacturer's name or trade mark,

                                                      —

                                                      the make and identifying part number.

                                                This reference must be legible and indelible and also visible, in the position at which it is to be fitted.’;

                  (7)

                  Chapter 11 is amended as follows:

                              (a)

                              The title is replaced by the following:

                              (b)

                              Annex I is amended as follows:

                                          (i)

                                          Section 1.6 is replaced by the following and the following section 1.6a. is inserted:
                                          1.6.   “seat” means a structure, whether or not forming an integral part of the vehicle structure and including its trim, which offers a seated position for an adult, the term designating both an individual seat and part of a bench corresponding to a seating position. A saddle is not considered to be a seat for item 2.1.
                                          1.6a.   “saddle” means a seating position where the rider or passenger sits astride.’;

                                          (ii)

                                          Section 2 is replaced by the following:
                                          ‘2.   GENERAL REQUIREMENTS
                                          2.1.   Whenever safety belt anchorages are fitted, these must comply with the prescriptions in this Chapter.
                                          2.1.1.   Safety belt anchorages must be fitted for all seats of three-wheeled mopeds, tricycles, light quadricycles and quadricycles.
                                          2.1.1.1.   Anchorage points suitable for three-point belts are required for all seats that meet both of the following conditions:

                                                      —

                                                      when the seat has a back or when a support helps to determine the back rest angle of the dummy and may be considered as a seatback, and

                                                      —

                                                      when there is a lateral or transversal structural element behind the H point at a height of more than 450 mm measured from the vertical plane of the H point.

                                                2.1.1.2.   For all other seats, anchorages suitable for lap belts are acceptable.
                                          2.1.2.   Safety belt anchorages are not mandatory for three-wheeled mopeds or quadricycles having an unladen mass of not more than 250 kg.’

                  (8)

                  Chapter 12 is amended as follows:

                              (a)

                              After the title of Annex I to Chapter 12 the following sentence is inserted:
                              ‘For the purpose of this Chapter “bodied vehicle” means a vehicle for which the passenger compartment is bounded or may be bounded by at least four of the following elements: windscreen, floor, roof, side and rear walls or doors.’;

                              (b)

                              Section 2.3.1 of Annex II is replaced by the following:

                                          ‘2.3.1.

                                          All vehicles must be equipped with a windscreen de-icer and de-mister enabling any ice or frost covering the windscreen and any mist covering the inner surface of the windscreen to be removed.
                                          However, this device is not required for bodied three-wheel mopeds having an engine developing not more than 4 kW or for vehicles where the windscreen is fitted such that there is no any supporting or other structure or panel attached to the windscreen extending rearwards for more than 100 mm. The device is required for any vehicle having a roof that is either permanent or detachable or retractable.’

         (1)  OJ L 266, 2.10.1974, p. 4.’


Avis juridique important

|

31991L0266

Council Directive 91/266/EEC of 21 May 1991 amending Directive 72/461/EEC on health problems affecting intra- Community trade in fresh meat and Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine and fresh meat or meat products from third countries

Official Journal L 134 , 29/05/1991 P. 0045 - 0046 Finnish special edition: Chapter 3 Volume 37 P. 0195  Swedish special edition: Chapter 3 Volume 37 P. 0195

COUNCIL DIRECTIVE  of 21 May 1991  amending Directive 72/461/EEC on health problems affecting intra-Community trade in fresh meat and Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine  animals and swine and fresh meat or meat products from third countries  (91/266/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 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 Directive 72/461/EEC (4), as last amended by Directive 89/662/EEC (5), lays down the health requirements which must be fulfilled by animals from which fresh meat is obtained for intra-Community trade; whereas Directive 72/462/EEC (6), as last  amended by Directive 91/69/EEC (7), lays down health and veterinary inspection requirements applicable to imports of bovine, ovine and caprine animals and swine and fresh meat or meat products from third countries;  Whereas glands and organs, including blood, are within the scope of the abovementioned Directives; whereas they are required in large quantity by the pharmaceutical manufacturing industries of the Member States to ensure the availability of extracts and  enzymes for human and veterinary medicine;  Whereas this means that Member States should be afforded the possibility of authorizing on a more liberal basis the importation from third countries of glands and organs, including blood, for pharmaceutical manufacturing purposes; whereas, with a view  to ensuring the proper and specific use of such raw materials, authorization should be granted only when certain conditions, to be determined in accordance with a Community procedure, are fulfilled;  Whereas, in order to maintain Community preference, the same facilities should be applied in intra-Community trade in glands and organs, including blood, for pharmaceutical manufacturing purposes under certain minimum conditions which ensure the proper  and specific use of such raw materials;  Whereas by its Judgment of 16 November 1989 in Case 131/87 the Court of Justice declared void Directive 87/64/EEC (8) which covered the aforementioned matters; whereas it is therefore necessary to adopt a new Directive on the appropriate legal basis;  Whereas, given this situation, the deadline for transposition laid down by Directive 87/64/EEC may be maintained,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following paragraph shall be added to Article 3 of Directive 72/461/EEC:  '(d) However, until 31 December 1996, in their compliance with (a), (b) and (c), but by way of derogation from Article 8a, the Member States may, subject to an authorization granted by their veterinary authorities, authorize the introduction in their  territory of glands and organs, including blood, as raw materials for the pharmaceutical processing industry.  Such authorization shall, moreover, be subject to compliance with the provisions concerning the identity of the materials in question, their packaging, transportation, storage, handling and processing and with those concerning the disposal of packaging,  wrapping and residual matter following processing so that all public and animal health risks are eliminated.'  Article 2  The present text of Article 16 of Directive 72/462/EEC shall become paragraph 1 and the following paragraph shall be added:  '2. However, Member States may, until 31 December 1996, authorize imports of glands and organs, including blood, as raw materials for the pharmaceutical processing industry, from third countries which appear on the list drawn up under Article 3 (1) and  are not the subject of a ban.  The general conditions to be complied with for the said imports shall be laid down in accordance with the procedure provided for in Article 30.  In accordance with the procedure provided for in Article 29, Member States may be authorized to import the said raw materials from third countries which do not appear on the list referred to in the first subparagraph under conditions which take account  of the specific health situation of the third countries concerned.  The conditions relating to the said imports, established in accordance with the procedures referred to in the second and third subparagraphs, must in no case be more favourable than those governing intra-Community trade.  Article 3  The Council, on the basis of a report by the Commission - together with any appropriate proposals - with re-examine, before 1 July 1995, the derogations provided for in Article 3 (d) of Directive 72/461/EEC and in Article 16 (2) of Directive  72/462/EEC.  Article 4  The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1988. They shall forthwith inform the Commission thereof.  Article 5  This Directive is addressed to the Member States. Done at Brussels, 21 May 1991. For the Council  The President  R. STEICHEN  (1) OJ No C 154, 23. 6. 1990, p. 4. (2) OJ No C 129, 20. 5. 1991. (3) OJ No C 332, 31. 12. 1990, p. 27. (4) OJ No L 302, 31. 12. 1972, p. 24. (5) OJ No L 395, 30. 12. 1989, p. 13. (6) OJ No L 302, 31. 12. 1972, p. 28. (7) OJ No L 46, 19. 2.  1991, p. 37. (8) OJ No L 34, 5. 2. 1987, p. 52.


title: Commission Directive 2012/41/EU of 26 November 2012 amending Directive 98/8/EC of the European Parliament and of the Council to extend the inclusion in Annex I thereto of the active substance nonanoic acid to product type 2  Text with EEA relevance

text:
               27.11.2012

               EN

               Official Journal of the European Union

               L 327/28

         COMMISSION DIRECTIVE 2012/41/EU
   of 26 November 2012
   amending Directive 98/8/EC of the European Parliament and of the Council to extend the inclusion in Annex I thereto of the active substance nonanoic acid to product type 2
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes nonanoic acid.

               (2)

               Commission Directive 2011/13/EU of 8 February 2011 amending Directive 98/8/EC of the European Parliament and of the Council to include nonanoic acid as an active substance in Annex I thereto (3) included nonanoic acid as an active substance in Annex I to Directive 98/8/EC for use in product type 19, repellents and attractants, as defined in Annex V to Directive 98/8/EC.

               (3)

               Pursuant to Regulation (EC) No 1451/2007, nonanoic acid has now been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product type 2, private area and public health area disinfectants and other biocidal products, as defined in Annex V to that Directive.

               (4)

               Austria was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 6 August 2010 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (5)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 25 May 2012, in an assessment report.

               (6)

               It appears from the evaluations that biocidal products used as private area and public health area disinfectants and other biocidal products as defined in Annex V to Directive 98/8/EC and containing nonanoic acid may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to extend the inclusion of nonanoic acid in Annex I to that Directive to product type 2.

               (7)

               Not all potential uses have been evaluated at Union level. It is therefore appropriate to require that Member States assess those uses or exposure scenarios and those risks to human populations and to environmental compartments that have not been representatively addressed in the Union level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to reduce the identified risks to acceptable levels.

               (8)

               In view of the irritant properties of the substance, it is appropriate to require that exposure during non-professional use is minimised through the design of the packaging, unless it can be demonstrated in the application for product authorisation that risks for human health can be reduced to acceptable levels by other means.

               (9)

               The provisions of this Directive should be applied simultaneously in all Member States in order to ensure equal treatment on the Union market of biocidal products of product type 2 containing the active substance nonanoic acid and also to facilitate the proper operation of the biocidal products market in general.

               (10)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I to Directive 98/8/EC, in order to permit Member States and interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (11)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC.

               (12)

               Directive 98/8/EC should therefore be amended accordingly.

               (13)

               In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011 (4), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.

               (14)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 30 September 2013 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 October 2014.
   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, 26 November 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 123, 24.4.1998, p. 1.

      (2)  OJ L 325, 11.12.2007, p. 3.

      (3)  OJ L 34, 9.2.2011, p. 52.

      (4)  OJ C 369, 17.12.2011, p. 14.

      ANNEX
      The following is added to entry ‘No 41’ in Annex I to Directive 98/8/EC:

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3) (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘1 October 2014

                     30 September 2016

                     30 September 2024

                     2

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, where relevant for the particular product, those uses or exposure scenarios and those risks to human populations and to environmental compartments that have not been representatively addressed in the Union level risk assessment.
                     Member States shall ensure that authorisations of products for non-professional use are subject to the packaging being designed to minimise user exposure, unless it can be demonstrated in the application for product authorisation that risks for human health can be reduced to acceptable levels by other means.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm


title: Commission Directive 2006/72/EC of 18 August 2006 amending for the purposes of adapting to technical progress Directive 97/24/EC of the European Parliament and of the Council on certain components and characteristics of two or three-wheel motor vehicles   (Text with EEA relevance)

text:
               19.8.2006

               EN

               Official Journal of the European Union

               L 227/43

         COMMISSION DIRECTIVE 2006/72/EC
   of 18 August 2006
   amending for the purposes of adapting to technical progress Directive 97/24/EC of the European Parliament and of the Council on certain components and characteristics of two or three-wheel motor vehicles
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two- and three-wheel motor vehicles and repealing Council Directive 92/61/EEC (1), and in particular Article 17 thereof,
   Having regard to Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two- or three-wheel motor vehicles (2), and in particular Article 7 thereof,
   Whereas:

               (1)

               Directive 97/24/EC is a separate Directive for the purposes of the EC type-approval procedure laid down by Directive 2002/24/EC.

               (2)

               Directive 2002/51/EC of the European Parliament and of the Council of 19 July 2002 on the reduction of the level of pollutant emissions from two- and three-wheel motor vehicles and amending Directive 97/24/EC (3) introduced new emission limit values for two-wheel motorcycles that are applicable in two stages.

               (3)

               United Nations Economic Commission for Europe (UN/ECE) Global Technical Regulation (GTR) No 2 ‘Measurement procedure for two wheeled motorcycles equipped with a positive or compression ignition engine with regard to the emissions of gaseous pollutants, CO2 emissions and fuel consumption’ has been adopted in view of creating the global market for motorcycles. It aims at harmonising at worldwide level the emission test procedure used for the type-approval of motorcycles. Furthermore, it is adapted to the last development of technical progress taking into account the specific characteristics of motorcycles.

               (4)

               In accordance with Article 8(5) of Directive 2002/51/EC the test procedure of GTR No 2 should be introduced together with a new set of limit values. That test procedure should be introduced as an alternative type-approval procedure at the choice of the manufacturer for the second mandatory stage of Directive 2002/51/EC. The new limit values should be set in correlation with the second mandatory stage of Directive 2002/51/EC. Therefore, the stringency of the requirements on motorcycle emissions will not diminish.

               (5)

               Directive 97/24/EC should therefore be amended accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Council Directive 70/156/EEC (4),

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex II of Chapter 5 to Directive 97/24/EC is amended in accordance with the text set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, before 1 July 2007, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 July 2007.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such 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 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, 18 August 2006.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission Directive 2005/30/EC (OJ L 106, 27.4.2005, p. 17).

      (2)  OJ L 226, 18.8.1997, p. 1. Directive as last amended by Commission Directive 2006/27/EC (OJ L 66, 8.3.2006, p. 7).

      (3)  OJ L 252, 20.09.2002, p. 20.

      (4)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2006/40/EC of the European Parliament and of the Council (OJ L 161, 14.6.2006, p. 12).

      ANNEX
      Annex II of Chapter 5 to Directive 97/24/EC is amended as follows:

                  (1)

                  In point 2.2.1.1 the following paragraph is added:
                  ‘At the choice of the manufacturer the test procedure laid down in UN/ECE Global Technical Regulation (GTR) No 2 (1) may be used for motorcycles as an alternative to the test procedure referred to above. In case the procedure laid down in GTR No 2 is used, the vehicle shall respect the emission limits provided in row C of the table in section 2.2.1.1.5 and all the other provisions of this directive except 2.2.1.1.1 to 2.2.1.1.4 of this Annex.

                     (1)  UN/ECE Global Technical Regulation No 2 “Measurement procedure for two wheeled motorcycles equipped with a positive or compression ignition engine with regard to the emissions of gaseous pollutants, CO2 emissions and fuel consumption” (ECE/TRANS/180/Add2 of 30 August 2005).’"

                  (2)

                  In the table of point 2.2.1.1.5, within the section ‘Limit values for motorcycles (two-wheel) for type-approval and conformity of production’, the following row C is inserted after row B:

                              ‘C (2006 — UN/ECE GTR No 2)

                              vmax < 130 km/h

                              2,62

                              0,75

                              0,17

                              vmax ≥ 130 km/h

                              2,62

                              0,33

                              0,22’


Avis juridique important

|

32004L0005

Commission Directive 2004/5/EC of 20 January 2004 amending Directive 2001/15/EC to include certain substances in the Annex (Text with EEA relevance)

Official Journal L 014 , 21/01/2004 P. 0019 - 0020

Commission Directive 2004/5/ECof 20 January 2004amending Directive 2001/15/EC to include certain substances in the Annex(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses(1), and in particular Article 4(2) thereof,After consulting the Scientific Committee on Food or the European Food Safety Authority,Whereas:(1) Commission Directive 2001/15/EC of 15 February 2001 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses(2) specifies certain categories of substances and mentions for each of them the chemical substances that may be used in the manufacture of foodstuffs for particular nutritional uses. It provides that Member States are to prohibit trade in products not complying with the Directive with effect from 1 April 2004.(2) At the time of the adoption of Directive 2001/15/EC a number of chemical substances added for specific nutritional purposes in some foods for particular nutritional uses, which are marketed in some Member States, could not be included in the Annex to that Directive because they had not been evaluated by the Scientific Committee on Food (SCF).(3) Those chemical substances that have since been evaluated by the Scientific Committee on Food or by the European Food Safety Authority and have received a favourable scientific evaluation should be included in the Annex to Directive 2001/15/EC.(4) Since products containing those substances are on the market in certain Member States, it is necessary that this Directive be transposed before 1 April 2004, in order to avoid that the prohibition provided for in Directive 2001/15/EC becomes applicable to those substances for a limited period of time, which would cause an undue disruption of the market.(5) Directive 2001/15/EC should be amended accordingly.(6) 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 1The Annex to Directive 2001/15/EC is amended in accordance with the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 2004 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 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 20 January 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 186, 30.6.1989, p.27, Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).(2) OJ L 52, 22.2.2001, p. 19.ANNEXThe Annex to Directive 2001/15/EC is amended as follows:1. In the Section concerning Category 2. Minerals, the following line is added under the heading CALCIUM:">TABLE>"2. In the Section concerning Category 3. Amino acids, the following lines are added:">TABLE>"3. In the Section concerning Category 4. Carnitine and taurine, the following line is added:">TABLE>"


title: Council Directive 2013/25/EU of 13 May 2013 adapting certain directives in the field of right of establishment and freedom to provide services, by reason of the accession of the Republic of Croatia

text:
               10.6.2013

               EN

               Official Journal of the European Union

               L 158/368

         COUNCIL DIRECTIVE 2013/25/EU
   of 13 May 2013
   adapting certain directives in the field of right of establishment and freedom to provide services, by reason of the accession of the Republic of Croatia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty of Accession of Croatia, and in particular Article 3(4) thereof,
   Having regard to the Act of Accession of Croatia, and in particular Article 50 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Pursuant to Article 50 of the Act of Accession of Croatia, where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in that Act of Accession or in the Annexes thereto, the Council, acting by qualified majority on a proposal from the Commission, shall, to this end, adopt the necessary acts, if the original act was not adopted by the Commission.

               (2)

               The Final Act of the Conference which drew up and adopted the Treaty of Accession of Croatia indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt those adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

               (3)

               Directives 74/557/EEC (1), 77/249/EEC (2), 98/5/EC (3) and 2005/36/EC (4) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directives 74/557/EEC, 77/249/EEC, 98/5/EC and 2005/36/EC are amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by the date of accession of Croatia to the Union 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 the date of accession of Croatia to the Union.
   When Member States adopt those measures, 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 subject to and as from the date of the entry into force of the Treaty of Accession of Croatia.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 13 May 2013.

            For the Council

            The President

         S. COVENEY

      (1)  Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products (OJ L 307, 18.11.1974, p. 5).

      (2)  Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17).

      (3)  Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36).

      (4)  Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).

      ANNEX
      PART A

         MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

      Directive 2005/36/EC is amended as follows:

                  (1)

                  in the first subparagraph of Article 49(2), the following point is inserted:

                              ‘(ba)

                              1 July 2013 for Croatia;’;

                  (2)

                  Annex V is amended as follows:

                              (a)

                              Section V.1 is amended as follows:

                                          (i)

                                          in the table in point 5.1.1, the following is inserted after the entry for France:

                                                      ‘Hrvatska

                                                      Diploma “doktor medicine/doktorica medicine”

                                                      Medicinski fakulteti sveučilišta u Republici Hrvatskoj

                                                      1 July 2013’

                                          (ii)

                                          in the table in point 5.1.2, the following is inserted after the entry for France:

                                                      ‘Hrvatska

                                                      Diploma o specijalističkom usavršavanju

                                                      Ministarstvo nadležno za zdravstvo

                                                      1 July 2013’

                                          (iii)

                                          in the tables in point 5.1.3, the following entries are inserted after the respective entries for France:

                                                      —

                                                      in the table for ‘Anaesthetics’ and ‘General surgery’:

                                                                     ‘Hrvatska

                                                                     Anesteziologija, reanimatologija i intenzivna medicina

                                                                     Opća kirurgija’

                                                      —

                                                      in the table on ‘Neurological surgery’ and ‘Obstetrics and Gynaecology’:

                                                                     ‘Hrvatska

                                                                     Neurokirurgija

                                                                     Ginekologija i opstetricija’

                                                      —

                                                      in the table on ‘General (internal) medicine’ and ‘Ophthalmology’:

                                                                     ‘Hrvatska

                                                                     Opća interna medicina

                                                                     Oftalmologija i optometrija’

                                                      —

                                                      in the table on ‘Otorhinolaryngology’ and ‘Paediatrics’:

                                                                     ‘Hrvatska

                                                                     Otorinolaringologija

                                                                     Pedijatrija’

                                                      —

                                                      in the table on ‘Respiratory medicine’ and ‘Urology’:

                                                                     ‘Hrvatska

                                                                     Pulmologija

                                                                     Urologija’

                                                      —

                                                      in the table on ‘Orthopaedics’ and ‘Pathological anatomy’:

                                                                     ‘Hrvatska

                                                                     Ortopedija i traumatologija

                                                                     Patologija’

                                                      —

                                                      in the table on ‘Neurology’ and ‘Psychiatry’:

                                                                     ‘Hrvatska

                                                                     Neurologija

                                                                     Psihijatrija’

                                                      —

                                                      in the table on ‘Diagnostic radiology’ and ‘Radiotherapy’:

                                                                     ‘Hrvatska

                                                                     Klinička radiologija

                                                                     Onkologija i radioterapija’

                                                      —

                                                      in the table on ‘Plastic surgery’ and ‘Clinical biology’:

                                                                     ‘Hrvatska

                                                                     Plastična, rekonstrukcijska i estetska kirurgija’

                                                      —

                                                      in the table on ‘Microbiology-bacteriology’ and ‘Biological chemistry’:

                                                                     ‘Hrvatska

                                                                     Klinička mikrobiologija’

                                                      —

                                                      in the table on ‘Immunology’ and ‘Thoracic surgery’:

                                                                     ‘Hrvatska

                                                                     Alergologija i klinička imunologija’

                                                      —

                                                      in the table on ‘Paediatric surgery’ and ‘Vascular surgery’:

                                                                     ‘Hrvatska

                                                                     Dječja kirurgija

                                                                     Vaskularna kirurgija’

                                                      —

                                                      in the table on ‘Cardiology’ and ‘Gastro-enterology’:

                                                                     ‘Hrvatska

                                                                     Kardiologija

                                                                     Gastroenterologija’

                                                      —

                                                      in the table on ‘Rheumatology’ and ‘General Haematology’:

                                                                     ‘Hrvatska

                                                                     Reumatologija

                                                                     Hematologija’

                                                      —

                                                      in the table on ‘Endocrinology’ and ‘Physiotherapy’:

                                                                     ‘Hrvatska

                                                                     Endokrinologija i dijabetologija

                                                                     Fizikalna medicina i rehabilitacija’

                                                      —

                                                      in the table on ‘Neuropsychiatry’ and ‘Dermato-venereology’:

                                                                     ‘Hrvatska

                                                                     Dermatologija i venerologija’

                                                      —

                                                      in the table on ‘Radiology’ and ‘Child psychiatry’:

                                                                     ‘Hrvatska

                                                                     Klinička radiologija

                                                                     Dječja i adolescentna psihijatrija’

                                                      —

                                                      in the table on ‘Geriatrics’ and ‘Renal diseases’:

                                                                     ‘Hrvatska

                                                                     Nefrologija’

                                                      —

                                                      in the table on ‘Communicable diseases’ and ‘Community medicine’:

                                                                     ‘Hrvatska

                                                                     Infektologija

                                                                     Javnozdravstvena medicina’

                                                      —

                                                      in the table on ‘Pharmacology’ and ‘Occupational medicine’:

                                                                     ‘Hrvatska

                                                                     Klinička farmakologija s toksikologijom

                                                                     Medicina rada i športa’

                                                      —

                                                      in the table on ‘Allergology’ and ‘Nuclear medicine’:

                                                                     ‘Hrvatska

                                                                     Alergologija i klinička imunologija

                                                                     Nuklearna medicina’

                                                      —

                                                      in the table on ‘Maxillo-facial surgery (basic medical training)’:

                                                                     ‘Hrvatska

                                                                     Maksilofacijalna kirurgija’

                                                      —

                                                      in the table on ‘Biological haematology’:

                                                                     ‘Hrvatska’

                                                      —

                                                      in the table on ‘Stomatology’ and ‘Dermatology’:

                                                                     ‘Hrvatska’

                                                      —

                                                      in the table on ‘Venerology’ and ‘Tropical medicine’:

                                                                     ‘Hrvatska’

                                                      —

                                                      in the table on ‘Gastro-enterological surgery’ and ‘Accident and emergency medicine’:

                                                                     ‘Hrvatska

                                                                     Abdominalna kirurgija

                                                                     Hitna medicina’

                                                      —

                                                      in the table on ‘Clinical neurophysiology’ and ‘Dental, oral and maxillo-facial surgery (basic medical and dental training)’:

                                                                     ‘Hrvatska’

                                                      —

                                                      in the table on ‘Medical oncology’ and ‘Medical genetics’:

                                                                     ‘Hrvatska’

                                          (iv)

                                          in the table in point 5.1.4, the following is inserted after the entry for France:

                                                      ‘Hrvatska

                                                      Diploma o specijalističkom usavršavanju

                                                      specijalist obiteljske medicine

                                                      1 July 2013’

                              (b)

                              in the table in point 5.2.2 of Section V.2, the following is inserted after the entry for France:

                                          ‘Hrvatska

                                                      1.

                                                      Svjedodžba “medicinska sestra opće njege/medicinski tehničar opće njege”

                                                      2.

                                                      Svjedodžba
                                                      “prvostupnik (baccalaureus) sestrinstva/prvostupnica (baccalaurea) sestrinstva”

                                                      1.

                                                      Srednje strukovne škole koje izvode program za stjecanje kvalifikacije “medicinska sestra opće njege/medicinski tehničar opće njege”

                                                      2.

                                                      Medicinski fakulteti sveučilišta u Republici Hrvatskoj
                                                      Sveučilišta u Republici Hrvatskoj
                                                      Veleučilišta u Republici Hrvatskoj

                                                      1.

                                                      medicinska sestra opće njege/medicinski tehničar opće njege

                                                      2.

                                                      prvostupnik (baccalaureus) sestrinstva/prvostupnica (baccalaurea) sestrinstva

                                          1 July 2013’

                              (c)

                              in the table in point 5.3.2 of Section V.3, the following is inserted after the entry for France:

                                          ‘Hrvatska

                                          Diploma “doktor dentalne medicine/doktorica dentalne medicine”

                                          Fakulteti sveučilišta u Republici Hrvatskoj

                                          doktor dentalne medicine/doktorica dentalne medicine

                                          1 July 2013’

                              (d)

                              in the table in point 5.4.2 of Section V.4, the following is inserted after the entry for France:

                                          ‘Hrvatska

                                          Diploma “doktor veterinarske medicine/doktorica veterinarske medicine”

                                          Veterinarski fakultet Sveučilišta u Zagrebu

                                          1 July 2013’

                              (e)

                              in the table in point 5.5.2 of Section V.5, the following is inserted after the entry for France:

                                          ‘Hrvatska

                                          Svjedodžba
                                          “prvostupnik (baccalaureus) primaljstva/sveučilišna prvostupnica (baccalaurea) primaljstva”

                                                      —

                                                      Medicinski fakulteti sveučilišta u Republici Hrvatskoj

                                                      —

                                                      Sveučilišta u Republici Hrvatskoj

                                                      —

                                                      Veleučilišta i visoke škole u Republici Hrvatskoj

                                          prvostupnik (baccalaureus) primaljstva/prvostupnica (baccalaurea) primaljstva

                                          1 July 2013’

                              (f)

                              in the table in point 5.6.2 of Section V.6, the following is inserted after the entry for France:

                                          ‘Hrvatska

                                          Diploma “magistar farmacije/magistra farmacije”

                                                      —

                                                      Farmaceutsko-biokemijski fakultet Sveučilišta u Zagrebu

                                                      —

                                                      Medicinski fakultet Sveučilišta u Splitu

                                                      —

                                                      Kemijsko-tehnološki fakultet Sveučilišta u Splitu

                                          1 July 2013’

                              (g)

                              in the table in point 5.7.1 of Section V.7, the following is inserted after the entry for France:

                                          ‘Hrvatska’

                  (3)

                  in Annex VI, the following is inserted after the entry for France:

                              ‘Hrvatska

                                          —

                                          Diploma “magistar inženjer arhitekture i urbanizma/magistra inženjerka arhitekture i urbanizma” awarded by the Arhitektonski fakultet Sveučilišta u Zagrebu

                                          —

                                          Diploma “magistar inženjer arhitekture/magistra inženjerka arhitekture” awarded by the Građevinsko-arhitektonski fakultet Sveučilišta u Splitu

                                          —

                                          Diploma “magistar inženjer arhitekture/magistra inženjerka arhitekture” awarded by the Fakultet građevinarstva, arhitekture i geodezije Sveučilišta u Splitu

                                          —

                                          Diploma “diplomirani inženjer arhitekture” awarded by the Arhitektonski fakultet Sveučilišta u Zagrebu

                                          —

                                          Diploma “diplomirani inženjer arhitekture/diplomirana inženjerka arhitekture” awarded by the Građevinsko-arhitektonski fakultet Sveučilišta u Splitu

                                          —

                                          Diploma “diplomirani inženjer arhitekture/diplomirana inženjerka arhitekture” awarded by the Fakultet građevinarstva, arhitekture i geodezije Sveučilišta u Splitu

                                          —

                                          Diploma “diplomirani arhitektonski inženjer” awarded by the Arhitektonski fakultet Sveučilišta u Zagrebu

                                          —

                                          Diploma “inženjer” awarded by the Arhitektonski fakultet Sveučilišta u Zagrebu

                                          —

                                          Diploma “inženjer” awarded by the Arhitektonsko-građevinsko-geodetski fakultet Sveučilišta u Zagrebu for the completed studies at the Arhitektonski odjel Arhitektonsko-građevinsko-geodetskog fakulteta

                                          —

                                          Diploma “inženjer” awarded by the Tehnički fakultet Sveučilišta u Zagrebu for the completed studies at the Arhitektonski odsjek Tehničkog fakulteta

                                          —

                                          Diploma “inženjer” awarded by the Tehnički fakultet Sveučilišta u Zagrebu for the completed studies at the Arhitektonsko-inženjerski odjel Tehničkog fakulteta

                                          —

                                          Diploma “inženjer arhitekture” awarded by the Arhitektonski fakultet Sveučilišta u Zagrebu

                                    All diplomas must be accompanied by a certificate of membership of the Croatian Chamber of Architects (Hrvatska komora arhitekata), issued by the Croatian Chamber of Architects, Zagreb

                              Third academic year after accession’

            PART B

         LEGAL PROFESSIONS

                  (1)

                  in Article 1(2) of Directive 77/249/EEC, the following is added:
                  ‘Croatia: Odvjetnik/Odvjetnica.’;

                  (2)

                  in Article 1(2)(a) of Directive 98/5/EC, the following is inserted after the entry for France:
                  ‘Croatia: Odvjetnik/Odvjetnica’.

            PART C

         TRADE AND DISTRIBUTION OF TOXIC PRODUCTS

      In the Annex to Directive 74/557/EEC, the following is added:

                  ‘—

                  Croatia:

                              1.

                              Chemicals/toxic products as regulated by the Chemicals Act (OG 150/05, 53/08, 49/11) and the bylaws adopted on the basis of the said Act;

                              2.

                              Plant protection products as regulated by the Act on Plant Protection Products (OG 70/05) and the bylaws adopted on the basis of the said Act.’.