Avis juridique important

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31996L0014

Commission Directive 96/14/Euratom, ECSC, EC of 12 March 1996 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Official Journal L 068 , 19/03/1996 P. 0024 - 0028

COMMISSION DIRECTIVE 96/14/EC of 12 March 1996 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 95/66/EC (2), and in particular Article 13, second subparagraph, third and fourth indents thereof,Whereas certain provisions on protective measures in Greece against Phytophthora cinnamomi Rands and the bark beetle Ips typographus Heer, in Spain against the bark beetles Dendroctonus micans Kugelan, Ips amitinus Eichhof, Ips cembrae Heer, Ips duplicatus Sahlberg and Ips typographus Heer and in Italy against Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins and Jones, should be modified because it is no longer appropriate to maintain the current provisions set out in the said Directive;Whereas, furthermore certain provisions on protective measures against Dendroctonus micans Kugelan, Ips amitinus Eichhof, Ips cembrae Heer, Ips duplicatus Sahlberg, Ips sexdentatus Boerner, Ips typographus Heer and Pissodes spp. (European) for the relevant protected zones recognized for each type of harmful organism, should be modified to take account of the concern in relation to the relevant host plants of these organisms;Whereas similarly certain provisions on protective measures in Spain against Anthonomus grandis (boh.) should be modified to take into account the concerns in relation to the relevant production areas of Gossypium spp. and in relation to the risk of spread of this organism in unginned cotton; whereas also certain provisions on protective measures in Spain and Portugal against Sternochetus mangiferae Fabricius should be modified to take account of the concern in relation to the relevant production areas of Mangifera spp.;Whereas certain provisions on protective measures in one part of France, in Brittany, against Beet necrotic yellow vein virus should be improved;Whereas the protective measures against Erwinia amylovora (Burr.) Winsl. (et al.) adopted with respect to certain areas in France should be clarified;Whereas therefore the relevant Annexes of the said Directive 77/93/EEC should be amended accordingly;Whereas these amendments are in agreement with the requests of the Member States concerned;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 77/93/EEC is hereby amended as indicated in the Annex to this Directive.Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 April 1996. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. The Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 3 This Directive shall enter into force on the day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 12 March 1996.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 26, 31. 1. 1977, p. 20.(2) OJ No L 308, 21. 12. 1995, p. 77.ANNEX 1. In Annex I, Part B (d), point 1, the entry is replaced by the following:>TABLE>2. In Annex II, Part B (a), point 1, the entry is replaced by the following:>TABLE>3. In Annex II, Part B (a), point 3, the entry is replaced by the following:>TABLE>4. In Annex II, Part B (a), point 6, the entry is replaced by the following:>TABLE>5. In Annex II, Part B (a), point 8, the entry is replaced by the following:>TABLE>6. In Annex II, Part B (a), point 9, the entry is replaced by the following:>TABLE>7. In Annex II, Part B (b), point 1, the right hand column is altered as follows:'EL, E, P`.8. In Annex II, Part B (c), point 4 is deleted.9. In Annex III, Part B, point 1, the right hand column is altered as follows:'E, F (Champagne-Ardennes, Alsace - except department of Bas Rhin -, Lorraine, Franche-Comté, Rhône-Alpes - except department of Rhône -, Bourgogne, Auvergne - except department of Puy de Dome -, Provence-Alpes-Côte d'Azur, Corse, Languedoc-Roussillon), IRL, I, P, UK (N-IRL, Isle of Man and the Channel Islands), A, FI`.10. In Annex IV, Part B, points 1 and 14.1, the right hand column is replaced by the following:'EL, IRL, UK (*).(*) (Scotland, Northern Ireland, Jersey, England: the following counties: Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, East Sussex, Essex, Greater London, Hampshire, Hertfordshire, Humberside, Kent, Lincolnshire, Norfolk, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, South Yorkshire, Suffolk, Surrey, Tyne and Wear, West Sussex, West Yorkshire, the Isle of Wight, the Isle of Man, the Isles of Scilly, and the following parts of counties; Avon: that part of the county which lies to the south of the southern boundary of the M4 motorway; Cheshire: that part of the county which lies to the east of the eastern boundary of the Peak District National Park together with that part of the county which lies to the north of the northern boundary of the A52 (T) road to Derby and that part of the county which lies to the north of the northern boundary of the A6 (T) road; Gloucestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Greater Manchester: that part of the county which lies to the east of the eastern boundary of the Peak District National Park; Leicestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road together with that part of the county which lies to the east of the eastern boundary of the B411A road together with that part of the county which lies to the east of the eastern boundary of the M1 motorway; North Yorkshire: the whole county except that part of the county which comprises the district of Craven; Staffordshire: that part of the county which lies to the east of the eastern boundary of the A52 (T) road; Warwickshire: that part of the county which lies to the east the eastern boundary of the Fosse Way Roman road; Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motorway to the intersection of the M4 motorway and the Fosse Way Roman road, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road).`11. In Annex IV, Part B, points 2 and 14.4, the right hand column is replaced by the following:'EL, IRL, UK`.12. In Annex IV, Part B, points 3 and 14.6, the right hand column is replaced by the following:'IRL, UK`.13. In Annex IV, Part B, points 4 and 14.2, the right hand column is replaced by the following:'EL, F (Corsica), IRL, UK`.14. In Annex IV, Part B, points 5 and 14.3, the right hand column is replaced by the following:'EL, IRL, UK (N-IRL, Isle of Man)`.15. In Annex IV, Part B, point 7, the left hand column is replaced by the following:'Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3 m in height, other than fruit and seeds`and the right hand column is replaced by the following:'IRL, UK (*).(*) (Scotland, Northern Ireland, Jersey, England: the following counties: Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, East Sussex, Essex, Greater London, Hampshire, Hertfordshire, Humberside, Kent, Lincolnshire, Norfolk, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, South Yorkshire, Suffolk, Surrey, Tyne and Wear, West Sussex, West Yorkshire, the Isle of Wight, the Isle of Man, the Isles of Scilly, and the following parts of counties; Avon: that part of the county which lies to the south of the southern boundary of the M4 motorway; Cheshire: that part of the county which lies to the east of the eastern boundary of the Peak District National Park together with that part of the county which lies to the north of the northern boundary of the A52 (T) road to Derby and that part of the county which lies to the north of the northern boundary of the A6 (T) road; Gloucestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Greater Manchester: that part of the county which lies to the east of the eastern boundary of the Peak District National Park; Leicestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road together with that part of the county which lies to the east of the eastern boundary of the B411A road together with that part of the county which lies to the east of the eastern boundary of the M1 motorway; North Yorkshire: the whole county except that part of the county which comprises the district of Craven; Staffordshire: that part of the county which lies to the east of the eastern boundary of the A52 (T) road; Warwickshire: that part of the county which lies to the east the eastern boundary of the Fosse Way Roman road; Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motorway to the intersection of the M4 motorway and the Fosse Way Roman road, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road).`16. In Annex IV, Part B, point 8, the left hand column is replaced by the following:'Plants of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3 m in height, other than fruit and seeds`and the right hand column is replaced by the following:'EL, IRL, UK`.17. In Annex IV, Part B, point 9, the left hand column is replaced by the following:'Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3 m in height, other than fruit and seeds`and the right hand column is replaced by the following:'IRL, UK`.18. In Annex IV, Part B, point 10, the left hand column is replaced by the following:'Plants of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3 m in height, other than fruit and seeds`and the right hand column is replaced by the following:'EL, F (Corsica), IRL, UK`.19. In Annex IV, Part B, point 11, the left hand column is replaced by the following:'Plants of Abies Mill., Larix Mill., Picea A. Dietr. y Pinus L. and Pseudotsuga Carr., over 3 m in height, other than fruit seeds`and the right hand column is replaced by the following:'EL, IRL, UK (N-IRL, Isle of Man)`.20. In Annex IV, Part B, point 12, the left hand column is replaced by the following:'Plants of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3 m in height, other than fruit seeds`.21. In Annex IV, Part B, point 13, the left hand column is replaced by the following:'Plants of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., other than fruit and seeds`.22. In Annex IV, Part B, points 20.1, 20.2, 22, 23, 25.1, 25.2, 26, 27.1, 27.2 and 30, the right hand column is replaced by the following:'DK, F (Brittany), FI, IRL, P (Azores), S, UK`.23. In Annex IV, Part B, point 21, paragraph (a), the middle column is altered as follows:'(a) the plants originate in the protected zones E, F (Champagne-Ardennes, Alsace - except department of Bas Rhin -, Lorraine, Franche-Comté, Rhône-Alpes - except department of Rhône -, Bourgogne, Auvergne - except department of Puy de Dome -, Provence-Alpes-Côte d'Azur, Corse, Languedoc-Roussillon), IRL, I, P, UK (N-IRL, Isle of Man and the Channel Islands), A, FI`.24. In Annex IV, Part B, a new point 28.1 is added:>TABLE>25. In Annex IV, Part B, point 29, the right hand column is replaced by the following:'E (Granada and Malaga), P (Alentejo, Algarve and Madeira)`.26. In Annex V, Part A, II, point 1.1 is replaced by the following:'1.1. Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., and Pseudotsuga Carr.`.27. In Annex V, Part A, II, Point 1.3, the words 'Persea americana P. Mill.` are deleted after 'Mespilus L.`.28. In Annex V, Part A, II, point 1.9 is replaced by the following:'1.9. Fruit (bolls) of Gossypium spp. and unginned cotton`.29. In Annex V, Part A, II, point 2.1 is deleted, and former point 2.2 shall become point 2.1.30. In Annex V, Part B, II, point 6 is replaced by the following:'6. Seeds and fruit (bolls) of Gossypium spp., and unginned cotton`.31. In Annex V, Part B, II, point 8 is replaced by the following:'8. Parts of plants of Eucalyptus L'Hérit`.


Avis juridique important

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31986L0594

Council Directive 86/594/EEC of 1 December 1986 on airborne noise emitted by household appliances

Official Journal L 344 , 06/12/1986 P. 0024 - 0027 Finnish special edition: Chapter 15 Volume 7 P. 0153  Swedish special edition: Chapter 15 Volume 7 P. 0153

*****COUNCIL  DIRECTIVE  of 1 December 1986  on airborne noise emitted by household appliances  (86/594/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the European Communities' 1973 (4) and 1977 (5) action programmes on the environment highlight the importance of the problem of noise pollution and, in particular, the need to take action with regard to the source of the noise;  Whereas the public should be informed, in a way which is as readily understandable and uniform as possible, of the level of noise emitted by household appliances; whereas accurate, pertinent and comparable information may serve to guide the public towards selecting less noisy household appliances; whereas manufacturers will then be driven, as a result, to take measures to reduce the sound emissions of the household appliances they manufacture;  Whereas, for practical reasons and in order to avoid the appearance of a profusion of labels on household appliances, information on noise level should be included on the label provided for by the implementing Directives adopted under Council Directive 79/530/EEC of 14 May 1979 on the indication by labelling of the energy consumption of household appliances (6) where the same family of household appliance is concerned;  Whereas, in the present case, legislative harmonization must be confined to those requirements necessary to measure the airborne noise emitted by household appliances and to carry out checks on the declared level; whereas such requirements must replace the national provisions in this field;  Whereas this Directive defines only the requirements strictly necessary; whereas it will be presumed that these requirements are complied with as long as the harmonized standards are applied; whereas it is therefore indispensable to have available these standards concerning the measurement and checking of the declared level of airborne noise emitted by household appliances while they are being operated;  Whereas the Comité européen de normalisation (CEN) (European Standardization Committee) and the Comité européen de normalisation électrotechnique (CENELEC) (European Electrotechnical Standardization Committee) are acknowledged to be the bodies competent to lay down and adopt the harmonized standards (European standards or harmonization documents), on instruction from the Commission, in accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (7) and with general guidelines for cooperation between the Commission and both these bodies, signed on 13 November 1984;  Whereas, pending adoption of harmonized standards, free circulation of goods will be assured by the acceptance of products which comply with national standards and technical regulations which are recognized, by means of a monitoring procedure, as satisfying the requirements of this Directive;  Whereas the Standing Committee set up by Article 5 of Directive 83/189/EEC would be ideally designated to ensure the checking for conformity of harmonized standards and national standards and technical regulations,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. This Directive shall cover provisions relating to:  - the general principles regarding the publication of information on the airborne noise emitted by household appliances,  - the measuring methods for determining the airborne noise emitted by household appliances,  - the arrangements for monitoring the levels of airborne noise emitted by household appliances.  2. This Directive shall not apply to:  - appliances, equipment or machines designed exclusively for industrial or professional purposes,  - appliances which are integrated parts of a building or its installations such as equipment for air conditioning, heating and ventilating (except household fans, cooker hoods and free-standing heating appliances), oil burners for central heating and pumps for water supply and for sewage systems,  - equipment components such as motors,  - electroacoustic appliances.  Article 2  For the purposes of this Directive:  (a) 'household appliance' means any machine, portion of a machine or installation manufactured principally for use in dwellings, including cellars, garages and other outbuildings, in particular household appliances for upkeep, cleaning purposes, preparation and storage of foodstuffs, production and distribution of heat and cold, air conditioning, and other appliances used for non-professional purposes;  (b) 'family' of household appliances means all models (or types) of various household appliances designed for the same purpose and powered by the same principal energy source. Generally, a family includes several models (or types);  (c) 'series' of household appliances means all household appliances belonging to the same model (or type), which have defined characteristics and are produced by the same manufacturer;  (d) 'batch' of household appliances means a specified quantity of a given series manufactured or produced under uniform conditions;  (e) 'airborne noise emitted' means the A-weighted sound power level, LWA, of the household appliance, expressed in decibels (dB) with reference to the sound power of one picowatt (1 pW), transmitted by the air.  Article 3  1. Member States may require the publication, for certain families of appliances, of information on the airborne noise emitted by such appliances.  This information shall be supplied by the manufacturer or, where the manufacturer is established outside the Community, by the importer established in the Community.  When this is so:  (a) the level of noise subject to the information procedure shall be determined in accordance with the conditions set out in Article 6 (1);  (b) the information may be subject to spot checks on the basis of the principles set out in Article 6 (2). The Member State concerned may take every appropriate step to ensure that the information supplied complies with the requirements of this Directive;  (c) the manufacturer or importer shall be responsible for the accuracy of the information supplied.  2. When a Member State does not require information on the airborne noise emitted to be published, the manufacturer or importer may nevertheless publish such information but (a), (b) and (c) of the third subparagraph of paragraph 1 shall continue to apply.  Article 4  Where, for the same family of household appliance, provision is made for a label relating to various types of information, such as those provided for pursuant to a separate Directive adopted under Directive 79/530/EEC, the information on the airborne noise emitted shall be given on that label.  Article 5  1. Member States may not refuse, prohibit or restrict the marketing of household appliances on grounds relating to information on the airborne noise emitted by such appliances where the information in respect of such appliances is given in accordance with the requirements of this Directive.  2. Without prejudice to the outcome of any spot checks which may be carried out once the household appliances have been offered for sale, Member States shall regard publication of information on the airborne noise emitted as complying with this Directive. Article 6  1. (a) The general test method used to determine the airborne noise emitted by household appliances must be accurate enough for the measurement uncertainties to produce standard deviations not exceeding 2 dB in the case of A-weighted sound power levels.  The standard deviations referred to in the first subparagraph shall represent the cumulative effects of all causes of uncertainty in the measurements, except for variations in the noise level of the appliance from one test to another.  (b) The general test method referred to in (a) shall be supplemented, for each family of appliances, by a description of the location, mounting, load and operation of the appliances under test conditions to stimulate normal use and ensure adequate repeatability and reproducibility. The standard deviation of reproducibility must be specified for each family of appliances.  2. The statistical method used to verify the declared noise level of appliances in a batch shall be sampling measurement on isolated batches of appliances using unilateral tests.  The fundamental statistical parameters of the statistical method referred to in the first subparagraph shall be such that the acceptance probability is 95 % if 6,5 % of the noise emission levels of a batch are higher than the level claimed. The size of a simple or equivalent sample must be 3. The statistical method chosen requires the use of a total reference standard deviation of 3,5 dB.  By 1 January 1991 the Council, acting on a proposal from the Commission, shall fix new sample sizes and reference standard deviations for each family of household appliances.  Article 7  Member States shall take all necessary steps to ensure that the manufacturer or importer, if he does not choose to withdraw the defective batch from the market, corrects the information without delay should it appear from monitoring in accordance with Article 6 (2) that the level of airborne noise emitted by a batch of appliances exceeds the declared level.  Article 8  1. Member States shall presume that the indication of airborne noise emitted by a household appliance is in accordance with the requirements of this Directive and that the checks have been performed adequately by Member States if the measurements for determining the level of airborne noise and the relevant checks have been carried out in accordance with:  (a) national standards incorporating harmonized standards the references of which have been published in the Official Journal of the European Communities. Member States shall publish the references for these national standards; or  (b) the national standards and technical regulations referred to in paragraph 2 in so far as no harmonized standards exist in the areas covered by these national standards and regulations.  2. Member States shall communicate to the Commission the texts of their national standards and technical regulations as referred to in paragraph 1 (b) which they consider meet the requirements of Article 6. The Commission shall forward these texts forthwith to the other Member States. In accordance with the procedure laid down in Article 9 (2), it shall notify the Member States of those national standards and technical regulations which are presumed to conform to the requirements of Article 6.  Member States shall arrange for the references of these national standards and technical regulations to be published. The Commission shall ensure that they are also published in the Official Journal of the European Communities.  Article 9  1. Where a Member State or the Commission considers that the harmonized standards referred to in Article 8 (1) (a) do not fully satisfy the requirements of Article 6, that Member State or the Commission shall bring the matter before the Standing Committee set up by Directive 83/189/EEC, hereinafter referred to as the 'Committee', setting out its reasons for doing so. The Committee shall deliver an opinion as a matter of urgency.  In the light of the Committee's opinion, the Commission shall notify the Member States as to whether or not the standards concerned should be withdrawn from the publications referred to in Article 8 (1) (a).  2. With regard to the national standards and technical regulations referred to in Article 8 (2), the Committee shall act in accordance with the following procedure:  (a) The Commission representative shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which the chairman may fix on the basis of the urgency of the matter. It shall take a decision by a majority of 54 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.  (b) The Commission shall adopt the intended measures where they are in accordance with the Committee's opinion. (c) Where the measures intended are not in keeping with the opinion of the Committee, or where there is no such opinion, the Commission shall forthwith submit to the Council a proposal concerning the measures to be taken. The Council shall take a decision by qualified majority.  (d) If, on the expiry of a period of three months of the date on which the matter was brought before it, the Council has not reached a decision, the proposed measures shall be adopted by the Commission.  Article 10  1. Member States shall take the measures necessary to comply with this Directive within 36 months of its notification (1). They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.  Article 11  This Directive is adressed to the Member States.  Done at Brussels, 1 December 1986.  For the Council  The President  A. CLARK  (1) OJ No C 181, 19. 7. 1982, p. 1 and OJ No C 334, 10. 12. 1983, p. 15.  (2) OJ No C 277, 17. 10. 1983, p. 166.  (3) OJ No C 205, 9. 8. 1982, p. 13.  (4) OJ No C 112, 20. 12. 1973, p. 3.  (5) OJ No C 139, 13. 6. 1977, p. 3.  (6) OJ No L 145, 13. 6. 1979, p. 1.  (7) OJ No L 109, 26. 4. 1983, p. 8.  (1) This Directive was notified to Member States 4 December 1986.


title: Commission Directive 86/312/EEC of 18 June 1986 adapting to technical progress Council Directive 84/529/EEC on the approximation of the laws of the Member States relating to electrically operated lifts

text:
No L 196/ 56                            Official Journal of the European Communities                                 18 . 7. 86
                                                 COMMISSION DIRECTIVE
                                                       of 18 June 1986
                adapting to technical progress Council Directive 84/529/EEC on the approxima
                  tion of the laws of the Member States relating to electrically operated lifts
                                                           (86/312/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS DIRECTIVE :
                                                                                Article 1
Having regard to the Treaty establishing the European
Economic Community,                                                 Annex I to Directive 84/529/ EEC is replaced by the
                                                                    Annex to this Directive .
Having regard to Council Directive 84/ 529/EEC of 17
September 1984 on the approximation of the laws of the                                      Article 2
Member States relating to electrically operated lifts ('), and
in particular Article 5 thereof,                                    1 . The Member States shall put into force the laws,
                                                                    regulations and administrative provisions needed in order
                                                                    to comply with this Directive before 27 September 1986,
Whereas technical progress, and in particular the altera           and shall forthwith inform the Commission thereof.
tion of standard EN 81-1 in its December 1985 version to
take account of modifications made by the Council makes             2.   The    Member   States  shall  communicate     to   the
possible a considerable simplification of the technical             Commission the text of the provisions of national law
Annex to Directive 84/529/EEC and thereby simplifies                which they adopt in the field covered by this Directive.
the task of transposition by Member States ;
                                                                                Article 3
Whereas the time-scale for putting this Directive into              This Directive is addressed to the Member States .
effect must be in accordance wijth that of Directive
84/529/ EEC in order to achieve the desired goal ;
                                                                    Done at Brussels, 18 June 1986.
Whereas the measures provided for in this Directive are
in accordance with the opinion of the Committee on the                                         For the Commission
Adaptation to Technical Progress of the Directives Envis                                          COCKFIELD
aging the Elimination of Technical Barriers to Trade in
the Lifting and Mechanical Handling Appliances Sector,                                             Vice-President
 (') OJ No L 300, 19. 11 . 1984, p. 86.
 ---pagebreak--- 18 . 7. 86                              Official Journal of the European Communities                                       No L 196/ 57
                                                                 ANNEX
                                                           ■    'ANNEX I
           1.    The appliances referred to in Article 1 ( 1 ) must, with the exception of the sections referred to in para
                 graph 2 below, comply with Standard EN 81-1 (edition December 1985), as adopted by the European
                 Committee for Standardization (CEN) :
                 "Safety rules for the construction and installation of lifts and service lifts — Part 1 . Electric lifts."
           2.    This standard shall apply subject to the following modifications :
           2.1 . Section 12.4.2.1
                 Replace the last sentence by the following :
                 "However, until 26 September 1991 , Member States shall remain free to decide whether or not to
                 impose this requirement."
           24. Section 13.1.1.4
                 Replace by the following :
                 "The electrical installations for lifts must :
                 (a) comply with the requirements stated in the Cenelec harmonized documents accepted by the
                     national electro-technical committees of the EEC Member States ;
                 (b) where no harmonized documents on electrical installations as referred to in (a) exist, comply with
                     the requirements of the national rules of the country in which the lift is installed."
           2.3 . Section 13.1.2
                 Replace by the following :
                 "In the machine and pulley rooms, protection against direct contact by means of casings providing a
                 degree of protection of at least IP 2 X is necessary."
           2.4. Section F.O.I.6
                 Add the following :
                 "... in accordance with Article 13 (2) of Directive 84/528/EEC.'


title: Commission Directive 2010/52/EU of 11 August 2010 amending, for the purposes of adaptation of their technical provisions, Council Directive 76/763/EEC relating to passenger seats for wheeled agricultural or forestry tractors and Directive 2009/144/EC of the European Parliament and of the Council on certain components and characteristics of wheeled agricultural or forestry tractors  Text with EEA relevance

text:
               13.8.2010

               EN

               Official Journal of the European Union

               L 213/37

         COMMISSION DIRECTIVE 2010/52/EU
   of 11 August 2010
   amending, for the purposes of adaptation of their technical provisions, Council Directive 76/763/EEC relating to passenger seats for wheeled agricultural or forestry tractors and Directive 2009/144/EC of the European Parliament and of the Council on certain components and characteristics of wheeled agricultural or forestry tractors
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (1), and in particular Article 19(1)(b) thereof,
   Whereas:

               (1)

               Council Directive 76/763/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to passenger seats for wheeled agricultural or forestry tractors (2) and Directive 2009/144/EC of the European Parliament and of the Council of 30 November 2009 on certain components and characteristics of wheeled agricultural or forestry tractors (3) are two of the separate Directives in the context of the EC type-approval procedure for agricultural or forestry tractors under Directive 2003/37/EC.

               (2)

               Safety is one of the main pillars on which Directive 2003/37/EC is based. In order to enhance the protection of operators it is appropriate to complete the requirements applicable under that Directive in order to cover all hazards listed in Annex I to Directive 2006/42/EC of the European Parliament and of the Council (4) relating to machinery, not yet covered by the separate Directives under Directive 2003/37/EC.

               (3)

               With this amendment, Directive 2006/42/EC will no longer apply to tractors type-approved on the basis of the type-approval legislation for wheeled agricultural and forestry tractors, since with the implementation of this amending Directive the risks covered by Directive 2003/37/EC will comprise all risks covered by Directive 2006/42/EC.

               (4)

               The European Committee for Standardisation CEN has formulated harmonised standards on roll-over protection for passengers and against hazardous substances. Those standards have been adopted and published and should therefore be incorporated in this Directive.

               (5)

               Directive 76/763/EEC imposes requirements with regard to the design and installation of passenger seats on agricultural tractors; it is appropriate to amend that Directive in order to increase this protection by including additional technical specifications providing protection covering the risks of passenger injury as described in Directive 2006/42/EC, in particular regarding roll-over and seatbelt anchorage for passenger seats.

               (6)

               Directive 2009/144/EC imposes technical requirements relating to certain components and characteristics of wheeled agricultural tractors; it is appropriate to amend that Directive in order to increase this protection by including additional technical specifications providing protection against falling objects, against penetration of objects into the cabin and against hazardous substances; furthermore the minimum requirements for the operator’s manual should be set.

               (7)

               In order to achieve the smooth running of the type-approval process and in particular to enhance occupational safety, a minimum content for the operator’s manual should be defined. This will ensure that operators have the necessary information to assess the adequacy of tractors to their intended uses, as well as for carrying out an appropriate maintenance.

               (8)

               Provisions for Falling Objects Protective Structures, if provided, Operators Protection Structures, if provided, and for the prevention of contact with hazardous substances should be required according to the state of the art.

               (9)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 76/763/EEC is amended in accordance with Annex I to this Directive.
   Article 2
   Directive 2009/144/EC is amended in accordance with Annex II to this Directive.
   Article 3
   1.   With effect from the date of entry into force, with respect to vehicles which comply with the requirements laid down in Directive 76/763/EEC and Directive 2009/144/EC as amended by this Directive, Member States shall not, on grounds relating to the subject matter of these Directives:

               (a)

               refuse to grant EC type-approval or to grant national type-approval; or

               (b)

               prohibit the registration, sale or entry into service of such a vehicle.

         2.   With effect from 1 year after the date of entry into force, with respect to new types of vehicles which do not comply with the requirements laid down in Directive 76/763/EEC and Directive 2009/144/EC as amended by this Directive, and on grounds relating to the subject matter of these Directives, Member States:

               (a)

               shall refuse to grant EC type-approval; and

               (b)

               may refuse to grant national type-approval.

         3.   With effect from 2 years after the date of entry into force, with respect to new vehicles which do not comply with the requirements laid down in Directive 76/763/EEC and Directive 2009/144/EC as amended by this Directive, and on grounds relating to the subject matter of these Directives, Member States:

               (a)

               shall consider certificates of conformity which accompany new vehicles in accordance with Directive 2003/37/EC to be no longer valid for the purposes of Article 7(1) of Directive 2003/37/EC; and

               (b)

               may refuse the registration, sale or entry into service of those vehicles.

         Article 4
   1.   Member States shall adopt and publish, by 1 March 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the texts of those provisions.
   They shall apply those provisions from 2 March 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 5
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 11 August 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 171, 9.7.2003, p. 1.

      (2)  OJ L 262, 27.9.1976, p. 1.

      (3)  OJ L 27, 30.1.2010, p. 33.

      (4)  OJ L 157, 9.6.2006, p. 24.

      ANNEX I
      The Annex to Directive 76/763/EEC is replaced by the following Annex:

            ‘ANNEX
            Passenger seats, if provided, shall comply with EN 15694:2009.’

      ANNEX II
      Directive 2009/144/EC is amended as follows:

                  1.

                  the title of Annex II in the list of annexes is amended to read:
                  ‘Speed governor and protection of drive components, projections and wheels, additional safety requirements for special applications, operator’s manual’;

                  2.

                  the title of Annex II is amended to read:
                  ‘Speed governor and protection of drive components, projections and wheels, additional safety requirements for special applications, operator’s manual’;

                  3.

                  in Annex II the following points are added:
                  ‘3.   ADDITIONAL SAFETY REQUIREMENTS FOR SPECIAL APPLICATIONS
                  3.1.   Falling Objects Protective Structures

                  Falling Objects Protective Structures (FOPS), if provided, shall comply with OECD Code 10 (1).
                  3.2.   Operators Protection Structures

                  3.2.1.   Operators Protection Structures (OPS), if provided, shall comply with ISO 8084:2003 (2).
                  3.2.2.   For other than forestry applications and without prejudice to point 3.2.1, tractors with glazing according to point 1.1.3 of Annex III A shall be considered to be equipped with Operators Protection Structures (OPS).
                  3.3.   Prevention of Contact with Hazardous Substances

                  The requirements of EN 15695-1:2009 shall apply to all tractors defined in Article 2(j) of Directive 2003/37/EC, if they are being used in conditions which may cause the risk of contact with hazardous substances; in such case the cabin has to fulfil the requirements of level 2, 3 or 4 of this standard. The criteria for the choice between the levels must be described and be in line with those indicated in the operator’s manual. For spraying of pesticides the cabin must be of level 4.
                  4.   OPERATOR’S MANUAL
                  The operator’s manual shall comply with ISO 3600:1996 (3) with the exception of section 4.3 (Machine identification).
                  4.1.   In particular or in addition to the requirements in standard ISO 3600:1996, the operator’s manual shall cover the following:

                              (a)

                              adjustment of the seat and suspension related to the ergonomic position of the operator with respect to the controls and in order to minimise the risks from whole body vibration;

                              (b)

                              use and adjustment of the system for heating, ventilation and air-conditioning, when provided;

                              (c)

                              starting and stopping of the engine;

                              (d)

                              location and method of opening of emergency exits;

                              (e)

                              boarding and leaving the tractor;

                              (f)

                              the hazard area near to the pivot axis of articulated tractors;

                              (g)

                              use of special tools, if any are provided;

                              (h)

                              safe methods used for service and maintenance;

                              (i)

                              information about the interval of inspection of hydraulic hoses;

                              (j)

                              instructions about how to tow the tractor;

                              (k)

                              instructions about the safe use of jacks and recommended jacking points;

                              (l)

                              hazards related to batteries and fuel tank;

                              (m)

                              prohibited use of the tractor, where overturning hazards exist with mention that the list is not exhaustive;

                              (n)

                              residual risks, related to hot surfaces, such as filling of oil or coolant in hot engines or transmissions;

                              (o)

                              the level of protection of the Falling Objects Protective Structure, if applicable;

                              (p)

                              the level of protection against hazardous substances, if applicable;

                              (q)

                              the level of protection of the Operators Protection Structure, if applicable.

                        4.2.   Attaching, detaching and working with mounted machinery, trailers and interchangeable towed machinery

                  The operator’s manual shall include the following:

                              (a)

                              a warning to strictly follow the instructions outlined in the operator’s manual of the mounted or trailed machinery or trailer, and not to operate the combination tractor — machine or tractor — trailer unless all instructions have been followed;

                              (b)

                              a warning to stay clear from the area of the three-point linkage when controlling it;

                              (c)

                              a warning that mounted machinery must be lowered on the ground before leaving the tractor;

                              (d)

                              speed of the power take-off drive shafts in function of the mounted machinery or trailed vehicle;

                              (e)

                              a requirement to use only power take-off drive shafts with adequate guards;

                              (f)

                              information about hydraulic coupling devices and their function;

                              (g)

                              information about the maximum lift capacity of the three-point linkage;

                              (h)

                              information about the determination of the total mass, the axle loads, the tyre load carrying capacity and the necessary minimum ballasting;

                              (i)

                              information about the available trailer braking systems and their compatibility with the trailed vehicles;

                              (j)

                              the maximum vertical load on the rear hitch, related to the rear tyre size and type of hitch;

                              (k)

                              information about using implements with power take-off drive shafts and that the technically possible inclination of the shafts depend on the shape and size of the master shield and/or clearance zone, including the specific information required in case of PTO type 3 with reduced dimension;

                              (l)

                              a repeat of the data on the statutory plate about maximum allowed trailed masses;

                              (m)

                              a warning to stay clear from the area between tractor and trailed vehicle.

                        4.3.   Noise declaration

                  The operator’s manual shall give the value of the noise at the operator’s ear, measured according to Directive 2009/76/EC (4) of the European Parliament and of the Council and the noise of the tractor in motion measured according to Annex VI to Directive 2009/63/EC (5) of the European Parliament and of the Council.
                  4.4.   Vibration declaration

                  The operator’s manual shall give the value of the vibration level measured according to Council Directive 78/764/EEC (6).
                  4.5.   Relevant operating modes of a tractor that can reasonably be expected and identified as containing particular hazards are the following:

                              (a)

                              work with front-end loader (risk of falling objects);

                              (b)

                              forestry application (risk of falling and/or penetrating objects);

                              (c)

                              work with crop sprayers, mounted or trailed (risk of hazardous substances).

                        Particular attention shall be given in the operator’s manual to the use of the tractor in combination with the above equipment.
                  4.5.1.   Front–end loader

                              4.5.1.1.

                              The operator’s manual shall outline the hazards associated with front-end loader work, and explain how to avoid those hazards.

                              4.5.1.2.

                              The operator’s manual shall indicate the fixation points on the body of the tractor where the front–end loader must be installed, together with the size and quality of the hardware to be used. If no such attachment points are foreseen, the operator’s manual shall prohibit the installation of a front–end loader.

                              4.5.1.3.

                              Tractors fitted with programmable hydraulic sequencing functions shall provide information on how to connect the loader hydraulics so that this function is inoperable.

                        4.5.2.   Forestry application

                              4.5.2.1.

                              In case of use of an agricultural tractor in a forestry application, the identified hazards are the following:

                                          (a)

                                          toppling trees, primarily in case a rear-mounted tree grab-crane is mounted at the rear of the tractor;

                                          (b)

                                          penetrating objects in the operator’s enclosure, primarily in case a winch is mounted at the rear of the tractor.

                              4.5.2.2.

                              The operator’s manual shall provide information about the following:

                                          (a)

                                          the existence of the hazards described in point 4.5.2.1;

                                          (b)

                                          any optional equipment that might be available to deal with those hazards;

                                          (c)

                                          fixation points on the tractor where protective structures can be fixed, together with the size and quality of the hardware to be used; when no means are foreseen to fit adequate protective structures, this shall be mentioned;

                                          (d)

                                          protective structures may consist of a frame protecting the operating station against toppling trees or (mesh) grids in front of the cab doors, roof and windows;

                                          (e)

                                          the Falling Objects Protection System level, if provided.

                        4.5.3.   Work with crop sprayers (risk of hazardous substances)

                  The protection level against hazardous substances, in accordance with EN 15695-1:2009, must be described in the operator’s manual.’;

                  4.

                  the title of the Appendix to Annex II is amended to read:

                  5.

                  point 1 of the Appendix to Annex II is completed with the following lines after point 1.2:

                              ‘1.3.

                              Additional safety requirements for special applications, if applicable:

                                          1.3.1.

                                          Falling Objects Protective Structures

                                          1.3.2.

                                          Operators Protection Structures

                                          1.3.3.

                                          Prevention of contact with Hazardous Substances’;

                  6.

                  point 15 of the Appendix to Annex II (list of documents) is completed with the following:
                  ‘… operator’ s manual.’.

         (1)  OECD standard code for the official testing of falling object protective structures on agricultural and forestry tractors Code 10 – OECD Council Decision C(2008) 128 of October 2008.

         (2)  This document can be found at: http://www.iso.org/iso/en/CatalogueDetailPage.CatalogueDetail?CSNUMBER = 9021&ICS1 = 65&ICS2 = 60&ICS3 = 1

         (3)  This document can be found at: http://www.iso.org/iso/en/CatalogueDetailPage.CatalogueDetail?CSNUMBER = 9021&ICS1 = 65&ICS2 = 60&ICS3 = 1

         (4)  OJ L 201, 1.8.2009, p. 18.

         (5)  OJ L 214, 19.8.2009, p. 23.

         (6)  OJ L 255, 18.9.1978, p. 1.


title: Directive 2008/23/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2006/49/EC on the capital adequacy of investment firms and credit institutions, as regards the implementing powers conferred on the Commission

text:
               19.3.2008

               EN

               Official Journal of the European Union

               L 76/54

      DIRECTIVE 2008/23/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2008
   amending Directive 2006/49/EC on the capital adequacy of investment firms and credit institutions, as regards the implementing powers conferred on the Commission
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the European Central Bank (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               Directive 2006/49/EC (4) of the European Parliament and of the Council provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

               (2)

               Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

               (3)

               In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

               (4)

               The Commission should be empowered to adopt the measures necessary for the implementation of Directive 2006/49/EC in order to take account, inter alia, of technical developments of financial markets and to ensure the uniform application of that Directive. Those measures are designed to clarify definitions, to adjust the provisions of that Directive through technical adaptations related to the determination of own funds, the organisation, calculation and evaluation of risks and exposures, and to the categories of investment firms which are subject to that Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2006/49/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (5)

               Directive 2006/49/EC provides for a time restriction concerning the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC, the European Parliament, the Council and the Commission stated that Decision 2006/512/EC provides a horizontal and satisfactory solution to the European Parliament’s wish to scrutinise the implementation of instruments adopted under the co-decision procedure and that, accordingly, implementing powers should be conferred on the Commission without time limit. The European Parliament and the Council also declared that they would ensure that the proposals aimed at repealing the provisions in the instruments that provide for a time limit on the delegation of implementing powers to the Commission are adopted as rapidly as possible. Following the introduction of the regulatory procedure with scrutiny, the provision establishing that time restriction in Directive 2006/49/EC should be deleted.

               (6)

               The Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability.

               (7)

               Directive 2006/49/EC should therefore be amended accordingly.

               (8)

               Since the amendments made to Directive 2006/49/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   Directive 2006/49/EC is hereby amended as follows:

               1.

               Article 41 shall be amended as follows:

                           (a)

                           in paragraph 1 the words ‘in accordance with the procedure referred to in Article 42(2)’ shall be deleted;

                           (b)

                           paragraph 2 shall be replaced by the following:
                           ‘2.   The measures referred to in paragraph 1, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 42(2).’;

               2.

               Article 42 shall be amended as follows:

                           (a)

                           paragraph 2 shall be replaced by the following:
                           ‘2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;

                           (b)

                           paragraphs 3 and 4 shall be replaced by the following:
                           ‘3.   By 31 December 2010, and, thereafter, at least every three years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers. The report shall examine, in particular, the need for the Commission to propose amendments to this Directive in order to ensure the appropriate scope of the implementing powers conferred on the Commission. The conclusion as to whether or not amendment is necessary shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal to amend the provisions conferring implementing powers on the Commission’.

         Article 2
   Entry into force
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 3
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 161, 13.7.2007, p. 45.

      (2)  OJ C 39, 23.2.2007, p. 1.

      (3)  Opinion of the European Parliament of 14 November 2007 (not yet published in the Official Journal) and Council Decision of 3 March 2008.

      (4)  OJ L 177, 30.6.2006, p. 201.

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

      (6)  OJ C 255, 21.10.2006, p. 1.


Avis juridique important

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31986L0267

Commission Directive 86/267/EEC of 20 May 1986 amending Directive 72/169/EEC determining the characteristics and minimum conditions for inspecting vine varieties

Official Journal L 169 , 26/06/1986 P. 0046 - 0047 Finnish special edition: Chapter 3 Volume 21 P. 0112  Swedish special edition: Chapter 3 Volume 21 P. 0112

*****COMMISSION  DIRECTIVE  of 20 May 1986  amending Directive 72/169/EEC determining the characteristics and minimum conditions for inspecting vine varieties  (86/267/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 5d (2) thereof,  Whereas, in accordance with Directive 68/193/EEC, Member States are obliged to compile a catalogue of the varieties accepted for certification and inspection on their territory of standard propagating material;  Whereas the acceptance of varieties is subject to Community conditions which must be enforced by means of official inspections and in particular by crop inspections;  Whereas the inspections must cover a sufficient number of characteristics to enable the varieties to be described;  Whereas those characteristics were fixed by Commission Directive 72/169/EEC (3);  Whereas Annex I to that Directive contains a list of vine varieties to be used as control varieties for establishing phenological dates;  Whereas it is now necessary to specify control varieties for Greece and Spain;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex I (B) (1) to Directive 72/169/EEC is hereby amended by the insertion of the following after item 1.1.1:  1.2.3 // '1.1.1a.   // as regards Greece:   //   //  // 1.1.1a.1. white grape varieties   // - Savatiano, Zoumiatiko, Vilana, Assyrtiko, Chardonnay   //   // 1.1.1a.2. black grape varieties   // - Mandilaria, Xynomavro, Cabernet Sauvignon, Korinthiaki   //   // 1.1.1a.3. table grape varieties   // - Razaki, Cardinal, Italia, Soultanina, Perlette   // 1.1.1b.   // as regards Spain:   //   //   // 1.1.1b.1. white grape varieties   // - Airen, Palomino, Pedro Ximénez, Viura-Macabeo   //   // 1.1.1b.2. black grape varieties   // - Bobal, Garnacha, Mazuela, Tempranillo   //   // 1.1.1b.3. table 1985, p. 8. (3) OJ No L 103, 2. 5. 1972, p. 25.  Article 2  Member States shall bring into force not later than 1 January 1987 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 20 May 1986.  For the Commission  Frans ANDRIESSEN  Vice-President grape varieties   // - Moscatel, Roseti, Aledo, Ohanes'.  (1) OJ No L 93, 17. 4. 1968, p. 15. (2) OJ No L 362, 31. 12.


Avis juridique important

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31999L0064

Commission Directive 1999/64/EC of 23 June 1999 amending Directive 90/388/EEC in order to ensure that telecommunications networks and cable TV networks owned by a single operator are separate legal entities (Text with EEA relevance)

Official Journal L 175 , 10/07/1999 P. 0039 - 0042

COMMISSION DIRECTIVE 1999/64/ECof 23 June 1999amending Directive 90/388/EEC in order to ensure that telecommunications networks and cable TV networks owned by a single operator are separate legal entities(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 86(3) thereof,Whereas:(1) Pursuant to Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services(1), as last amended by Directive 96/19/EC(2), Member States were required to lift special and exclusive rights for telecommunications services and infrastructures by 1 January 1998, subject to additional transition periods for some Member States. In particular, Article 4, as amended by Commission Directive 95/51/EC(3), required Member States to "abolish all restrictions on the supply of transmission capacity by cable TV networks and allow the use of cable networks for the provision of telecommunications services, other than voice telephony", and to "ensure that interconnection of cable TV networks with the public telecommunications network is authorised for such purpose, in particular interconnection with leased lines, and that the restrictions on the direct interconnection of cable TV networks by cable TV operators are abolished".(2) Directive 95/51/EC addressed two problems concerning undertakings to which Member States have granted the right to establish both cable TV and telecommunications networks. First, it stated that these undertakings are in a situation whereby they have no incentive to attract users to the network best suited to the provision of the relevant service. It was pointed out that the introduction of fair competition will often require specific measures that take into account the specific circumstances of the relevant markets. At the time of the adoption of Directive 95/51/EC, the Commission concluded that, given the disparties between Member States, the national authorities were best able to assess which measures were most appropriate, and in particular to judge whether a separation of these activities was indispensable. Secondly, the Commission concluded that detailed control of cross-subsidies and accounting transparency are essential in the early stages of liberalisation of the telecommunications sector. Article 2 of Directive 95/51/EC therefore required Member States to ensure in particular that telecommunications organisations providing cable TV infrastructures kept separate financial accounts as regards the provision of public telecommunications networks and cable TV networks as well as their activities as telecommunications service providers. It was also stated that while Member States should at least impose a clear separation of financial records between those activities, full structural separation was preferable.(3) At the same time the Commission stated that in the absence of the emergence of competing home-delivery systems it would have to reconsider whether a separation of accounts was sufficient to avoid improper practices, and that it would assess whether such joint provision did not result in a limitation of the potential supply of transmission capacity at the expense of the service providers in the relevant area, or whether further measures were warranted. In this context the third paragraph of Article 2 of Directive 95/51/EC required the Commission to carry out, before 1 January 1998, an overall assessment of the impact, in relation to the aims of that Directive, of the joint provision of cable TV networks and public telecommunications networks through a single operator.(4) This Directive is based on the assessment carried out by the Commission pursuant to Article 2 to Directive 95/51/EC. In preparing that assessment, two studies were commissioned on the competition implications in telecommunications and multimedia markets of, on the one hand, joint provision of cable and telecommunications networks by a single dominant operator and, on the other, restrictions on the use of telecommunciations networks for the provision of cable TV services. The studies concluded in particular that the joint ownership of telecommunications networks and cable TV networks by a single enterprise, without a high degree of competition in the local access markets, slows down the development towards a full multimedia infrastructure to the detriment of consumers, service providers and the European economy as a whole.(5) The Commission has adopted a communication on the assessment carried out as required by Directive 95/51/EC and 96/19/EC(4). In its review the Commission found that the optimal development of telecommunications and multimedia markets depends on four factors: service competition, infrastructure competition, infrastructure upgrade, and other types of innovation. It found that in the Community the joint provision of telecommunications and cable TV services by a single operator creates and asymmetric starting position for dominant telecommunications operators as compared with new entrants. This will act as a significant constraint on the optimal development of telecommunications markets. This analysis was also endorsed by the European Parliament in its resolution of 9 February 1999(5), concerning the draft of this Directive.(6) The Treaty, and in particular Article 86 thereof, entrusts the Commission with the task of ensuring that, in the case of public undertakings and undertakings enjoying special or exclusive rights, Member States comply with their obligations under Community law. Pursuant to Article 86(3) the Commission can specify and clarify the obligations arising from that Article and, in that framework, set out the conditions which are necessary to allow the Commission to perform effectively the duty of surveillance imposed upon it by that paragraph.(7) Most European telecommunications organisations are still State-controlled companies and thus public undertakings as defined in Commission Directive 80/723/EEC(6), as last amended by Directive 93/84/EEC(7). In addition, whilst Community law provides for the withdrawal of exclusive rights for the provision of telecommunications networks and services, it does not prevent telecommunications organisations from continuing to benefit from certain special rights as defined by Directive 90/388/EEC, as amended by Directive 94/46/EC(8), beyond the date of full liberalisation. This is, for example, the case in the area of radio frequencies used for the provision of telecommunications networks and broadcasting transmission capacity. That is because telecommunications organisations continue to enjoy rights to use radio frequencies which they have historically been granted otherwise than according to objective, proportional and non-discriminatory criteria. Such regulatory advantages strengthen the position of those operators and continue to have a substantial effect on the ability of other undertakings to compete with the telecommunications organisations in the area of telecommunications infrastructure. Accordingly, those telecommunications operators remain undertakings covered by Article 86(1) of the Treaty. Moreover, certain Member States were granted additional implementation periods, which have not yet elapsed, for the abolition of exclusive rights for voice telephony and for the establishment and provision of public telecommunications networks.(8) Most Member States have adopted measures granting to the telecommunications organisations special or exclusive rights for the provision of cable television networks. The rights can take the form either of an exclusive licence or of a non-exclusive licence where the number of licences is restricted otherwise than according to objective, proportional and non-discrimintory criteria.(9) Article 82 of the Treaty prohibits one or more undertakings holding a dominant position from abusing that dominant position within the common market or a substantial part of it.(10) Where Member States have granted a special or exclusive right to build and operate cable TV networks, to a telecommunications organisation in the same geographic area where it is dominant on the market for services using telecommunications infrastructure, that telecommunications organisation has no incentive to upgrade both its public narrowband telecommunications network and its broadband cable TV network to an integrated broadband communications network ("full-service network") capable of delivering voice, data and images at high bandwidth. In other words, such an organisation is placed in a situation whereby it has a conflict of interests, because any substantial improvement in either its telecommunications network or its cable TV network may lead to a loss of business for the other network. It would be desirable in those circumstances to separate the ownership of the two networks into two distinct companies since the joint ownership of the networks will lead those organisations to delay the emergence of new advanced communications services and will thus restrict technical progress at the expense of the users, contrary to Article 86(1) of the Treaty, read in conjunciton with point (b) of the second paragraph of Article 82. As a minimum, all Member States should, however, ensure that telecommunications organisations which are dominant in the provision of public telecommunications networks and public voice telephony services and which have established their cable TV networks under special or exclusive rights operate cable TV networks in a separate legal entity.(11) Moreover, where Member States grant to an undertaking the special or exclusive right to establish cable TV networks in the same geographical area as the one where it already provides public telecommunications networks, different forms of anti-competitive behaviour are likely to occur unless sufficient transparency of the operations of the undertkaings is ensured. Notwithstanding the requirements of Community law with regard to accounting separation, some of which only entered into force with the implementation of the package of general measures opening up the Community's telecommunications markets in most Member States from 1 January 1998, in situations where serious conflicts of interest exist as a result of joint ownership, such separation has not provided the necessary safeguards against all forms of anti-competitive behaviour. In addition, the separation of accounts will only render financial flows more thansparent, whereas a requirement for separate legal entities will lead to more transparency of assets and costs, and will facilitate monitoring of the profitability and the management of the cable network operations. The provision of telecommunications networks and cable TV networks are related activities. The position of an operator on either of those markets has an impact on its position on the other, and the supervision of its activities on those markets is more difficult. In addition, where a dominant telecommunications organisation has any cable TV interests, this has a discouraging effect on any other company because of the financial strength of the telecommunications operator. Also, the future financial prospects of a cable TV network which has not yet been built are uncertain for a company that is not yet established on the telecommunications or pay-TV services market. Consequently, it is essential that a dominant telecommunications organisation organises its cable TV network activities in such a way that it can be monitored in order to ensure that it does not use its resources so as to abuse its position. During the crucial phase of the full opening of the secor to competition, a legal separation between the operation of the public switched telecommunications network and the cable TV network, including backbone links, of the telecommunications organisations is the minimum requirement in order to ensure compliance with Article 86. In order to achieve this transparency, it is necessary that the networks be operated by separate legal entities which may, however, in principle be jointly owned. The requirement of legal separation would therefore be complied with if the cable TV operations of a telecommunications organisation were transferred to a fully- owned subsidiary of the telecommunications organisation.(12) The Commission will examine on a case-by-case basis whether it would be compatible with the principle of proprotionality to require individual Member States to take further measures. The decisions to be taken in respect of specific cases could provide for measures including the opening of the cable operator to the participation of third parties, or the requirement to sell off that entity altogether.(13) The distribution of audiovisual programmes intended for the general public via telecommunications networks, and the content of such programmes, will continue to be subject to specific rules adopted by Member States in accordance with Community law and should not, therefore, be governed by this Directive: this is, furthermore, in keeping with the principle of separating the provisions dealing with transmission from those dealing with content, which is an essential point of the Commission Communiction of 9 March 1999(9) on the results of the public consultation on the Green Paper entitled "The convergence of the telecommunications, media and information technology sectors".(14) Taking into account current market evolution as well as the introduction of new technologies, competition in the local loop may emerge in certain Member States. In such an event, it would be necessary to review whether the maintenance of the legal obligation to separate legal entities for the telecoms and cable TV networks owned by a single company would still be necessary in view of the attainment of the objectives pursued. Given that the market situation is different in each Member State and is likely to envolve differently, such a review process should be carried out in a sufficiently flexible way to take into account the situation in each national market. National regulatory authorities should have the right to request the Commission to perform such a reassessment, in particular when asked to do so by the relevant operator. Such a request should include a detailed description of the development of the market structure in the Member State concerned. In such a case, given the legitimate interest of competitors in the relevant markets, the information provided should be made available to any interested party on demand, due regard being had to the legitimate interest of undertakings in the protection of their business secrets.(15) Directive 90/388/EEC should therefore be amended accordingly.(16) Member States should refrain from introducing new measures with the purpose or effect of jeopardising the aim of this Directive,HAS ADOPTED THIS DECISION:Article 1Article 9 of Directive 90/388/EEC is hereby replaced by the following: "Article 9Each Member State shall ensure that no telecommunications organisation operates its cable TV network using the same legal entity as it uses for its public telecommunications network, when such organisation:(a) is controlled by that Member State or benefits from special rights; and(b) is dominant in a substantial part of the common market in the provision of public telecommunications networks and public voice telephony services; and(c) operates a cable TV network established under special or exclusive right in the same goegraphic area."Article 2The Commission shall review the application of this Directive when it considers that the requirements of this Directive have been complied with and the objectives pursued attained, and in any case not later than 31 December 2002.Member States which consider that there is sufficient competition in the provision of local loop infrastructure and services in their territory shall inform the Commission accordingly.Such information shall include a detailed description of the market structure. The information provided shall be made available to any interested party on demand, regard being had to the legitimate interest of undertakings in the protection of their business secrets.The Commission shall decide, within a reasonable period after having heard the comments of these parties, whether the obligation of legal separation may be ended in the Member State concerned.Article 3Member States shall supply to the Commission, not later than nine months after this Directive has entered into force, such information as will allow the Commission to confirm that Article 1 has been complied with.Article 4This Directive shall enter into force on the 20th day following that of its publiction in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 23 June 1999.For the CommissionKarel VAN MIERTMember of the Commission(1) OJ L 192, 24.7.1990, p. 10.(2) OJ L 74, 22.3.1996, p. 13.(3) OJ L 256, 26.10.1995, p. 49.(4) OJ C 71, 7.3.1998, p. 4.(5) OJ C 150, 28.5.1999, p. 33.(6) OJ L 195, 29.7.1980, p. 35.(7) OJ L 254, 12.10.1993, p. 16.(8) OJ L 268, 19.10.1994, p. 15.(9) COM(1999) 108 final.