Avis juridique important

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32002L0051

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 (Text with EEA relevance) - Statement by the Commission - Commission declaration as complement

Official Journal L 252 , 20/09/2002 P. 0020 - 0032

Directive 2002/51/EC of the European Parliament and of the Councilof 19 July 2002on the reduction of the level of pollutant emissions from two- and three-wheel motor vehicles and amending Directive 97/24/EC(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 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 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 1 May 2002,Whereas:(1) The fifth programme of action of the European Community on protection of the environment, which in its general approach was approved by the Council in the Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council, of 1 February 1993(4), provides for additional efforts to be made for a considerable reduction in the present level of emissions of pollutants from motor vehicles.(2) 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) is one of the separate Directives under the type-approval procedure laid down by Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(6).(3) Under Article 5 of Directive 97/24/EC, the Commission is required to submit, to the European Parliament and the Council, within 24 months from the date of adoption of the Directive, a proposal prepared on the basis of research and an assessment of the costs and benefits deriving from the application of tightened-up limit values and laying down a subsequent stage during which measures will be adopted aimed at further tightening of the limit values for pollutants of the vehicles concerned. Such action is limited to motorcycles, since a subsequent stage entailing tighter limit values for mopeds, to be applied from 17 June 2002, is already provided for in Directive 97/24/EC.(4) On the basis of the assessment of the technical feasibility and cost-effectiveness, a single set of new Type I test limits, applicable from 2003 for all motorcycles, has been identified, corresponding to a reduction of 60 % for hydrocarbons and carbon monoxide for four-stroke motorcycles, and 70 % for hydrocarbons and 30 % for carbon monoxide for two-stroke motorcycles. For four-stroke motorcycles, further reductions in nitrogen oxides were not considered feasible with the envisaged technologies. For two-stroke motorcycles, the application of advanced direct injection technology, which has the greatest reduction potential in terms of carbon monoxide and hydrocarbons, is inevitably linked to a moderate increase of the nitrogen oxides limit, relative to the present-day limit value, bringing the limit in line with four-stroke motorcycles. On the basis of the emission inventory, which confirms the marginal share of motorcycles in total road-transport emissions of nitrogen oxides, this is regarded as acceptable.(5) In the light of the special characteristics and the use of certain categories of vehicle known as enduro and trial motorcycles and having regard to their very small contribution to overall emissions, owing to the small number of such vehicles sold each year in Europe, a temporary derogation, in respect of the entry into force of the new limits in 2003, should be granted in order to allow manufacturers to introduce the appropriate technology.(6) Inspection and maintenance are regarded as essential to ensure that emission levels of new vehicles do not exceed in-use acceptable levels. In this respect, and in line with the provisions for passenger cars, the requirements for type II testing, and in particular the limit for carbon monoxide content of 4,5 % by volume, should be replaced by requirements to measure and record the necessary data for the purpose of roadworthiness testing.(7) Tricycles and quadricycles are equipped either with spark ignition or compression ignition (diesel) engines; in line with emission limits for passenger cars, each category requires a separate set of limit values. In this respect the question of particulate emissions needs to be addressed in the future.(8) The characteristics of the reference fuels used for emission testing should be aligned with those applicable to passenger cars, thereby reflecting the changes in the specifications of market fuel in accordance with Community legislation on the quality of petrol and diesel fuels.(9) Member States should be allowed, by way of tax incentives, to expedite the placing on the market of vehicles which satisfy the requirements adopted at Community level and to promote more environmentally advanced technologies on the basis of mandatory emission values; such incentives should satisfy certain conditions intended to avoid distortions of the internal market; this Directive does not affect the Member States' right to include emissions of pollutants and other substances in the basis for calculating road traffic taxes on two- and three-wheel vehicles.(10) In accordance with the Treaty, Member States may inter alia offer fiscal or financial incentives for the retrofitting of older two- and three-wheel motor vehicles, if they thereby meet the limit values contained in this Directive or in the earlier version of Directive 97/24/EC.(11) A new type-approval test cycle should be introduced which will allow a more representative evaluation of the emissions performance, in test conditions that more closely resemble those encountered by vehicles in use, and which takes into account the difference in driving patterns between small and large motorcycles. Additional development work is in progress in order to support the introduction of a new test cycle in a scientifically sound manner.(12) It is necessary to establish a further stage of mandatory emission limits with effect from 2006 comprising further substantial reductions with respect to the limit values for 2003.(13) In order to ensure compliance with emission limit values, conformity testing of in-service two- and three-wheel motor vehicles (in-service tests) should be introduced from 1 January 2006. Specific requirements for the correct operation of emission-control devices during the normal life of two or three-wheel motor vehicles should be introduced as from 1 January 2006 for up to 30000 km.(14) It should also be ensured that operating conditions of two- and three-wheel motor vehicles in use correspond to the settings for the test cycle and that no defeat devices or other by-pass arrangements are used.(15) As two- and three-wheel motor vehicles produce an increasing proportion of total CO2 emissions from transport sources, CO2 emissions and/or the fuel consumption of two- and three-wheel motor vehicles should be established as soon as possible and incorporated in the Community strategy for reducing road-transport CO2 emissions.(16) In view of the global market for motorcycles and of similar problems of air quality worldwide, it is worth striving for a harmonised test cycle. It is noted that the Commission will maintain its efforts to finalise such a harmonised test cycle with all other parties involved in other markets and conclude this as soon as possible. The worldwide motorcycle emission test cycle currently elaborated in Geneva by Working Party 29 of the United Nations Economic Commission for Europe is a good basis. It is appropriate to introduce such a new world-wide test cycle as an alternative type-approval procedure for the second stage in 2006. When it has been widely recognised and for all further reduction stages the new test cycle could become the regular basis for type-approval.(17) The objective of the proposed action, namely the reduction of the level of pollutant emissions from two and three-wheel motor vehicles, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale or effects of the action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.(18) Directive 97/24/EC should be amended accordingly,HAVE ADOPTED THIS DIRECTIVE:Article 1This Directive aims at reducing the level of pollutant emissions from two- and three-wheel motor vehicles by tightening the limit values for such emissions.Article 21. With effect from 1 April 2003, no Member State may, on grounds relating to the measures to be taken against air pollution:(a) refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC, or(b) prohibit the registration, sale or entry into service of vehicles,if the measures to be taken against air pollution comply with the requirements of Directive 97/24/EC.2. With effect from 1 April 2003, Member States shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC for any type of vehicle on grounds relating to the measures to be taken against air pollution, if it fails to comply with the provisions of Directive 97/24/EC.For the type I test, the limit values set out in row A of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.3. With effect from 1 July 2004, Member States shall:(a) consider certificates of conformity which accompany new vehicles pursuant to Directive 92/61/EEC as no longer valid; and(b) refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 92/61/EEC,on grounds relating to the measures to be taken against air pollution, if the vehicles fail to comply with the provisions of Directive 97/24/EC.For the type I test for mopeds, the limit values set out in the second row of the Table in Chapter 5, Annex I, Section 2.2.1.1.3 to Directive 97/24/EC shall be used.For the type I test for motorcycles and tricycles, the limit values set out in rows A of the table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.4. For trial and enduro motorcycles with two wheels, in accordance with Directive 92/61/EEC, the date set in paragraph 2 shall be 1 January 2004 and the date set in paragraph 3 shall be 1 July 2005.Trial motorcycles are defined as vehicles with the following characteristics:(a) Maximum seat height: 700 mm;(b) Minimum ground clearance: 280 mm;(c) Maximum fuel tank capacity: 41 l;(d) Minimum overall gear ratio in the highest gear (primary ratio × gear ratio × final drive ratio) of 7,5.Enduro motorcycles are defined as vehicles having the following characteristics:(a) Minimum seat height of 900 mm;(b) Minimum ground clearance of 310 mm;(c) Minimum overall gear ratio in the highest gear (primary ratio × gear ratio × final drive ratio) of 6,0.Article 31. With effect from 1 January 2006, Member States shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 92/61/EEC for a new vehicle type on grounds relating to measures to be taken against air pollution, if it fails to comply with the provisions of Directive 97/24/EC.For the type I test, the limit values set out in rows B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.2. With effect from 1 January 2007, Member States shall:(a) consider certificates of conformity which accompany new vehicles pursuant to Directive 92/61/EEC as no longer valid, and(b) refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 92/61/EEC,on grounds relating to the measures to be taken against air pollution, if the vehicles fail to comply with the provisions of Directive 97/24/EC.For the type I test, the limit values set out in rows B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC shall be used.For vehicle types of which no more than 5000 units are sold annually in the European Union, the date shall be 1 January 2008.Article 41. Member States may make provision for tax incentives only in respect of vehicles which comply with Directive 97/24/EC. Such incentives shall comply with either of the following conditions:(a) they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the mandatory limit values set out in row A of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC; they shall be terminated with effect from the mandatory application of the emission limit values laid down in Article 2(3) for new vehicles; or(b) they shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the mandatory limit values set out in rows B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 of Directive 97/24/EC. They shall end on the date for the mandatory application of the emission limit values for new vehicles laid down in Article 3(2) of this Directive.2. For each type of vehicle referred to in paragraph 1, the tax incentives shall be for an amount lower than the additional cost of obtaining and fitting on the vehicle the technical solutions introduced to ensure compliance with the values set in either row A or row B of the Table in Chapter 5, Annex II, Section 2.2.1.1.5 to Directive 97/24/EC.3. The Commission shall be informed in sufficient time of plans to create or change the tax incentives referred to in paragraph 1, so that it can submit its observations.Article 5Type-approvals shall also confirm the correct operation of the emission-control devices during the normal life of two and three-wheel motor vehicles as from 1 January 2006 for new vehicle types and as from 1 January 2007 for all vehicle types for up to 30000 km. To this end, the Commission shall submit to the European Parliament and the Council by 31 December 2002 a proposal defining "normal life" and establishing supplementary provisions. In its cost-benefit-analysis the Commission shall particularly pay attention to the effects its proposals have on small and medium-sized enterprises.Article 61. With effect from 1 January 2006 for new two and three-wheel motor vehicles and from 1 January 2007 for all vehicle types, type-approvals granted to vehicles shall also require confirmation of the correct operation of emission-control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used).2. To this end, the Commission shall submit a proposal to the European Parliament and the Council defining "normal life" and establishing supplementary provisions. They shall include, inter alia, if appropriate:- criteria for carrying out checks,- criteria for selecting the vehicles to be tested,- criteria for carrying out the tests,- rules to eliminate possible errors,- the criterion that there shall be no charge for the owner/holder of the vehicle.In its cost-benefit analysis the Commission shall particularly pay attention to the effects its proposals have on small and medium-sized enterprises.Article 71. With effect from 1 January 2006 Member States may no longer grant EC type approval and shall refuse national type approval for a two- or three-wheel vehicle if its CO2-emission and fuel consumption are not established in accordance with the relevant provisions.2. With effect from 1 January 2007 Member States shall:- consider certificates of conformity which accompany new two-wheel motor vehicles with an engine capacity of over 150 cm3 pursuant to Directive 92/61/EEC as no longer valid, and- refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 92/61/EEC,if their CO2-emissions and fuel consumptions are not established in accordance with the relevant provisions.Article 81. The Commission shall consider a further tightening of the emission standards of vehicles falling within the scope of this Directive, taking into account:(a) technical developments in the field of emission control technology and their technical and economic feasibility with regard to their application to motorcycles, as well as their application in the diverse market that these vehicles satisfy;(b) the advances in the development of a more representative test cycle for motorcycles which remedies the current limitations of the current test cycle, such as cold start and high driving dynamics;(c) the opportunity to harmonise the test cycle on a worldwide basis;(d) the correlation of limit values between the current and the new test cycle;(e) further work on particulate emissions, and the issue of particulate emissions from compression ignition and spark ignition engines;(f) ongoing work on durability and in-use compliance;(g) further work on cold starting, on-board diagnostics (OBD) systems, and evaporation emissions;(h) ongoing work on replacement catalytic converters;(i) the economic impact on small series production and on small volume manufacturers;The Commission furthermore will develop a methodology for measuring specific CO2 emissions from two- or three-wheel motor vehicles.2. The Commission shall, not later than 31 December 2002, submit to the Committee for Adaptation to Technical Progress a proposal setting out a test method for the measurement of particulate emissions in accordance with the results of the studies as prescribed in paragraph 1(e), to be applied to new type-approvals from 1 January 2004.3. The Commission shall, not later than 31 December 2002, submit a proposal to the European Parliament and the Council, containing:(a) mandatory emission limit values to be used in the Type I test for tricycles and quadricycles for the second mandatory stage from 2006 and mandatory emission limit values for particulate emissions in accordance with the results of the studies as prescribed in paragraph 1(e).(b) an obligation to measure specific CO2 emissions in type approval in accordance with Article 7. The Commission shall also submit appropriate proposals for the inclusion of two- and three-wheel motor vehicles in the Community strategy for reducing transport CO2 emissions (agreement to reduce average CO2 emissions, labelling, tax incentives);(c) provisions relating to durability to be applied from 1 January 2006, in accordance with Article 5;(d) requirements to include conformity testing on in-service vehicles (in-service tests) in the type-approval procedure for two- or three-wheel motor vehicles with effect from 1 January 2006 pursuant to Article 6;(e) a new set of limit values (stage III) for mopeds, including particulate emissions in accordance with the results of the studies as prescribed in paragraph 1(e), to be applied from 2006. The provisions on durability requirements and the obligation to measure specific CO2 emissions in type approval will also be applied to mopeds.4. The Commission shall submit proposals to the European Parliament and Council concerning inspection and maintenance, OBD and evaporative emission control. The Commission shall also ensure that only replacement and retrofit parts for exhaust systems which comply with Directive 97/24/EC and this Directive are placed on the market. The issuing of type-approval must be sufficiently verifiable and the data on the type-approvals issued must be quickly, efficiently and transparently retrievable and traceable in a European data system.5. As soon as possible and at the latest after the technical development of the worldwide test cycle, the Commission shall present a proposal for its inclusion and a new set of limit values, including particulate emissions for compression ignition engines and two-stroke spark-ignition engines. These limit values should be set in correlation to the second mandatory stage in 2006 of this Directive (row B, in the table in Chapter 5, Annex II, Section 2.2.1.1.5 to (Directive 97/24/EC)) in order to guarantee the same emission level. The test cycle should be introduced together with these new limit values (row C to be inserted in the table in Chapter 5, Annex II, section 2.2.1.1.5 to Directive 97/24/EC) as an alternative type-approval procedure at the choice of the manufacturer for the second mandatory stage in 2006. In line with the adoption of the new worldwide test cycle in other regions it will then become the only regular type-approval procedure. For further stages in the reduction of exhaust emissions after 2006 the new test cycle with limit values based on this cycle will be the only valid type-approval procedure.Article 9Chapter 5 of Directive 97/24/EC shall be amended in accordance with the text in the Annex hereto.Article 10Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 2003. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 11This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 12This Directive is addressed to the Member States.Done at Brussels, 19 July 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentT. Pedersen(1) OJ C 337 E, 28.11.2000, p. 140 andOJ C 240 E, 28.8.2001, p. 146.(2) OJ C 123, 25.4.2001, p. 22.(3) Opinion of the European Parliament of 14 February 2001 (OJ C 276, 1.10.2001, p. 135), Council Common Position of 13 July 2001 (OJ C 301, 26.10.2001, p. 43) and Decision of the European Parliament of 12 December 2001. Decision of the European Parliament of 30 May 2002 and Council Decision of 11 June 2002.(4) OJ C 138, 17.5.1993, p. 1.(5) OJ L 226, 18.8.1997, p. 1.(6) OJ L 225, 10.8.1992, p. 72. Directive as last amended by Directive 2000/7/EC of the European Parliament and of the Council (OJ L 106, 3.5.2000, p. 1).ANNEXAMENDMENTS TO CHAPTER 5 OF DIRECTIVE 97/24/EC1. Annex II shall be amended as follows:(a) Section 1.4 shall be replaced by the following: "1.4. "Gaseous pollutants" means the exhaust gas emissions of carbon monoxide, oxides of nitrogen expressed in terms of nitrogen dioxide (NO2) equivalent, and hydrocarbons, assuming a ratio of:- C1H1,85 for petrol;- C1H1,86 for diesel."(b) the following sections shall be added: "1.5. "Defeat device" means a device which measures, senses or responds to operating variables (e.g. vehicle speed, engine speed, gear used, temperature, intake pressure or any other parameter) for the purpose of activating, modulating, delaying or deactivating the operation of any component or function of the emission control system such that the effectiveness of the emission control system is reduced under conditions encountered during normal vehicle use unless the use of such a device is substantially included in the applied emission certification test procedure.1.6. "Irrational emission control strategy" means any strategy or measure that, when the vehicle is operated under normal conditions of use, reduces the effectiveness of the emission control system to a level below that expected on the applicable emission test procedure.";(c) Section 2.2.1.1 shall be replaced by the following: "2.2.1.1. Type I test (checking the average value of tailpipe emissions in a congested urban area).2.2.1.1.1. The test is carried out by the procedure described in Appendix 1. The methods used to collect and analyse the gaseous pollutants are those laid down.2.2.1.1.2. Figure I.2.2 illustrates the routes for type I test.2.2.1.1.3. The vehicle is placed on a chassis dynamometer equipped with a means of load and inertia simulation.2.2.1.1.4. During the test the exhaust gases are diluted and a proportional sample collected in one or more bags. The exhaust gases of the vehicle tested are diluted, sampled and analysed, following the procedure described below, and the total volume of the diluted exhaust is measured.Figure I.2.2.Flow chart for the type I test>PIC FILE= "L_2002252EN.002601.TIF">2.2.1.1.5. Subject to the requirements for 2.2.1.1.6, the test must be repeated three times. The resulting masses of gaseous emissions obtained in each test must be less than the limits shown in the table below (rows A for 2003 and rows B for 2006):>TABLE>2.2.1.1.5.1. Notwithstanding the requirements of 2.2.1.1.5., for each pollutant or combination of pollutants, one of the three resulting masses obtained may exceed, by not more than 10 %, the limit prescribed, provided the arithmetical mean of the three results is below the prescribed limit. Where the prescribed limits are exceeded for more than one pollutant, it is immaterial whether this occurs in the same test or in different tests.2.2.1.1.5.2. When testing for compliance with the limit values in rows B for 2006 for motorcycles with a permitted maximum speed of 110 km/h, the maximum speed for the extra-urban driving cycle will be restricted to 90 km/h.2.2.1.1.6. The number of tests prescribed in 2.2.1.1.5 is reduced in the conditions hereinafter defined, where V1 is the result of the first test and V2 the result of the second test for each pollutant.2.2.1.1.6.1. Only one test is performed if the result obtained for each pollutant is less than or equal to 0,70 L (i.e. V1 <= 0,70 L).2.2.1.1.6.2. If the requirement of 2.2.1.1.6.1 is not satisfied, only two tests are performed if, for each pollutant the following requirements are met:V1 <= 0,85 L and V1 + V2 <= 1,70 L and V2 <= L.";(d) Table I and Table II in Section 2.2 shall be deleted;(e) Section 2.2.1.2 shall be replaced by the following: "2.2.1.2. Type II test (test of carbon monoxide at idling speed) and emissions data required for roadworthiness testing.2.2.1.2.1. This requirement applies to all vehicles powered by a positive-ignition engine for which EC type-approval is sought in accordance with this Directive.2.2.1.2.2. When tested in accordance with Appendix 2 (type II test) at normal idling speed:- the carbon monoxide content by volume of the exhaust gases emitted is recorded.- the engine speed during the test must be recorded, including any tolerances.2.2.1.2.3. When tested at "high idle" speed (i.e.  >2000 min-1):- the carbon monoxide content by volume of the exhaust gases emitted is recorded.- the engine speed during the test must be recorded, including any tolerances.2.2.1.2.4. The engine oil temperature at the time of the test must be measured and recorded.2.2.1.2.5. The recorded data are completed in the relevant Sections of the document, referred to in Annex VII of Directive 92/61/EEC.";(f) the following section shall be added: "2.3. The use of a defeat device and/or irrational emissions control strategy is forbidden.2.3.1. An engine control device, function, system or measure may be installed to a vehicle provided that:- it is activated only for such purposes as engine protection, cold starting or warming up, or- it is activated only for such purposes as operational security or safety and limp-home strategies.2.3.2. The use of an engine control device, function, system or measure which results in the use of a different or modified engine control strategy to that normally employed during the applicable emission test cycles will be permitted if, in complying with the requirements of section 2.3.3, it is fully demonstrated that the measure does not reduce the effectiveness of the emission control system. In all other cases, such devices shall be considered to be a defeat device.2.3.3. The manufacturer shall provide a documentation package that gives access to the basic design of the system and the means by which it controls its output variables, whether that control is direct or indirect.(a) The formal documentation package, which shall be supplied to the technical service at the time of submission of the type approval application, shall include a full description of the system. This documentation may be brief provided that it exhibits evidence that all outputs permitted by a matrix obtained from a range of control of the individual unit inputs have been identified.The documentation shall also contain a justification for the use of any engine control device, function, system or measure and include additional material and test data to demonstrate the effect on exhaust emissions of any such device installed in the vehicle. This information shall be attached to the documentation required in Annex V.(b) Additional material that shows the parameters that are modified by any engine control device, function, system or measure and the boundary conditions under which such measures operate. The additional material shall include a description of the fuel system control logic, timing strategies and switch points during all modes of operation. This information shall remain strictly confidential and be retained by the manufacturer, but be made open for inspection at the time of type approval.";(g) Section 3.1.1. shall be replaced by the following: "3.1.1. A vehicle is taken from the series and subjected to the test described in 2.2.1.1. The limit values for checking conformity of production are those indicated in the table in Section 2.2.1.1.5.";(h) the former Section 3.1.1 shall be renumbered 3.1.2 and amended as follows:- the words "Tables I and II" shall be replaced by "the Table in Section 2.2.1.1.5";- the words "the tables referred to in 2.2.1.1.2" shall be replaced by "the Table in Section 2.2.1.1.5";(i) Section 3.1.3 of Appendix 1 shall be replaced by the following: "3.1.3. The tightness of the intake system may be checked to ensure the carburation is not affected by an accidental intake of air.";(j) in Section 5.3.1 of Appendix 1, the last sentence shall read as follows: "Two complete pre-conditioning cycles are performed before the exhaust gases are collected.";(k) Section 6.1.3 of Appendix 1 shall be replaced by the following: "6.1.3. Before initiation of the first pre-conditioning cycle, a flow of air of variable speed is directed at the motorcycle or motor tricycle. Two complete cycles are then performed during which no exhaust gases are collected. The ventilation system must include a mechanism controlled by the speed of the bench roller so that, in the range from 10 km/h to 50 km/h, the linear air speed at the blower outlet is equal to the relative speed of the roller with an approximation of 10 %. For roller speeds below 10 km/h, the air speed may be zero. The end section of the blower device must have the following characteristics:(i) surface area of at least 0,4 m2;(ii) lower edge between 0,15 and 0,20 m above ground level;(iii) distance from the leading edge of the motorcycle or motor tricycle between 0,3 and 0,45 m.";(l) Section 6.2.2 of Appendix 1 shall be replaced by the following: "6.2.2. The first cycle begins when the taking of samples and the measuring of the pump rotations commence.";(m) Section 7.2.1 of Appendix 1 shall be replaced by the following: "7.2.1. After two pre-conditioning cycles (first moment of the first cycle), the operations specified in 7.2.2 to 7.2.5 are performed simultaneously.";(n) Section 7.4 of Appendix 1 shall be replaced by the following: "7.4. Analysis7.4.1. The exhaust gases contained in the bag must be analysed as soon as possible and in any event not later than 20 minutes after the end of the test cycle.7.4.2. Prior to each sample analysis the analyser range to be used for each pollutant must be set to zero with the appropriate zero gas.7.4.3. The analysers are then set to the calibration curves by means of span gases of nominal concentrations of 70 to 100 % of the range.7.4.4. The analysers' zeros are then rechecked. If the reading differs by more than 2 % of range from that set in 7.4.2, the procedure is repeated.7.4.5. The samples are then analysed.7.4.6. After the analysis, zero and span points are rechecked using the same gases. If these rechecks are within 2 % of those in 7.4.3, the analysis is considered acceptable.7.4.7. At all points in this Section the flow-rates and pressures of the various gases must be the same as those used during calibration of the analysers.7.4.8. The figure adopted for the concentration of each pollutant measured in the gases is that read off after stabilisation on the measuring device.";(o) Section 2.2 of Appendix 2 shall be replaced by the following: "2.2. The Type II test specified in section 2.2.1.2 of Annex II must be measured immediately after the Type I test with the engine at normal idling speed and at high idle.";2. Annex IV shall be replaced by the following: "ANNEX IVSPECIFICATIONS FOR THE REFERENCE FUEL (PETROL)The reference fuel used is the one described in ANNEX IX, Section 1, of Directive 70/220/EEC.SPECIFICATIONS FOR THE REFERENCE FUEL (DIESEL)The reference fuel used is the one described in ANNEX IX, Section 2, of Directive 70/220/EEC."Statement by the CommissionRe Article 8(5)The Commission reaffirms its commitment to ensuring optimal environmental protection, pursuant to Article 95(3) of the Treaty.Consequently, in its proposal aimed at including a new type-approval test cycle for motorcycles during the second stage in 2006, in accordance with Article 8(5), the Commission will also examine the date on which this test will become the only test procedure for the EC type-approval system.Commission declaration as complementMoreover, the Commission takes notes of the decision of the co-legislators in Article 5 according to which it is requested to submit a proposal defining "normal life" and establishing supplementary provisions. On this occasion, the Commission recalls that according to its right of initiative, in conformity with the Treaty, it is for the Commission to appreciate the timing and the content of any such proposal to be submitted.


Avis juridique important

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31998L0045

Council Directive 98/45/EC of 24 June 1998 amending Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products

Official Journal L 189 , 03/07/1998 P. 0012 - 0013

COUNCIL DIRECTIVE 98/45/EC of 24 June 1998 amending Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and productsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European 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 91/67/EEC (4) laid down the Community rules governing the placing on the market of aquaculture animals for the purpose, in particular, of avoiding the spread of certain serious diseases;Whereas the diseases set out in list III of Annex A of the said Directive, including gyrodactylosis, can have serious economic repercussions if they break out in a region which was previously disease free;Whereas consequently it is necessary to prevent the spread of the said diseases by strengthening the provisions currently applied;Whereas it is necessary to ensure that the placing on the market of fish from a non-approved zone does not prejudice the health status of non-infected farms situated in a non-approved zone; whereas this can be achieved through certification of consignments intended for intra-Community trade;Whereas it is necessary to adapt certain provisions as regards the frequency of inspections and sampling and testing requirements for fish diseases to international standards,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 91/67/EEC is amended as follows:1. in Article 13, paragraphs 1 and 2 shall be replaced by the following:'1. Where a Member State considers that its territory or part of its territory is free from one of the diseases listed in Annex A, column 1, of List III, it shall submit to the Commission appropriate justifications setting out in particular:- the name of the disease and the previous history of its occurrence in that Member State,- the results of surveillance testing based on serological, virological, microbiological or pathological findings, or identification of the parasite, as appropriate, and on the fact that the disease is compulsorily notifiable to the competent authorities,- the period over which the surveillance was carried out,- the control arrangements for verifying that the area concerned remains free from the disease.The Commission shall define, in accordance with the procedure laid down in Article 26, general criteria to ensure uniform implementation of this paragraph.2. The Commission shall examine the justifications communicated by the Member State and, in accordance with the procedure laid down in Article 26, define the zones that are to be regarded as free from, and the species that are susceptible to, the disease in question, and the additional guarantees, general or specific, which may be required for the introduction of aquaculture animals and products into those areas. Live fish, shellfish or crustaceans and if appropriate, their eggs and gametes, introduced into such zones must be accompanied by a movement document, corresponding to a model to be drawn up in accordance with the procedure laid down in Article 26, certifying that they comply with such additional guarantees.`;2. in Article 16(1), the following sentence shall be added:'In addition, the Commission, in accordance with the procedure laid down in Article 26, shall draw up specimens of the certificates which must accompany aquaculture animals, their eggs and gametes in intra-Community trade between non-approved zones as regards the diseases referred to in list II of Annex A, and shall decide on arrangements for extending the "ANIMO" computerized system linking competent authorities to cover trade in the above animals and products.`;3. in Annex B:(a) point I. B., the first sentence of point 2 shall be replaced by the following:'2. all farms in the continental zone are placed under the supervision of the official services. Two health inspections per year for two years must have been carried out.`;(b) point I. C., point 2 shall be replaced by the following:'2. each farm must undergo two health inspections annually in accordance with point B.2, except farms without broodstock which must be inspected once per year. However, samples will be taken by rotation in 50 % of the fish farms in the continental zone each year;`.Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1999. 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 reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive.Article 3 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Luxembourg, 24 June 1998.For the CouncilThe PresidentJ. CUNNINGHAM(1) OJ C 242, 21. 8. 1996, p. 9.(2) OJ C 362, 2. 12. 1996, p. 314.(3) OJ C 56, 24. 2. 1997, p. 28.(4) OJ L 46, 19. 2. 1991, p. 1. Directive as last amended by Directive 97/79/EC (OJ 24, 30. 1. 1998, p. 31).


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31984L0336

Council Directive 84/336/EEC of 19 June 1984 amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to foot-and-mouth disease and swine vesicular disease

Official Journal L 177 , 04/07/1984 P. 0022 - 0022 Finnish special edition: Chapter 3 Volume 17 P. 0204  Spanish special edition: Chapter 03 Volume 31 P. 0112  Swedish special edition: Chapter 3 Volume 17 P. 0204  Portuguese special edition Chapter 03 Volume 31 P. 0112

*****COUNCIL  DIRECTIVE  of 19 June 1984  amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to foot-and-mouth disease and swine vesicular disease  (84/336/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposals from the Commission (1),  Having regard to the opinions of the European Parliament (2),  Whereas Directive 64/432/EEC (3), as last amended by Directive 83/646/EEC (4), lays down the conditions to be met, as regards health, by live cattle and pigs intended for intra-Community trade;  Whereas Directive 72/461/EEC (5), as last amended by Directive 83/646/EEC, lays down the conditions to be met, as regards health, by animals whose meat is intended for intra-Community trade;  Whereas, pending the introduction of definitive Community arrangements for the control of foot-and-mouth disease and without prejudice to the final solution to be adopted, it is appropriate that the Community measures provided for in Articles 4a and 4b of Directive 64/432/EEC and in Article 13 of Directive 72/461/EEC be retained for an additional period as an interim protective measure in order to maintain traditional trade flows,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 64/432/EEC is hereby amended as follows:  1. In the first subparagraph of Article 4a, '30 June 1984' is replaced by '31 December 1984'.  2. In the first and second subparagraphs of Article 4b, '30 June 1984' is replaced by '31 December 1984'.  Article 2  In Article 13 of Directive 72/461/EEC, '30 June 1984' is replaced by '31 December 1984'.  Article 3  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 June 1984.  Article 4  This Directive is addressed to the Member States.  Done at Luxembourg, 19 June 1984.  For the Council  The President  M. ROCARD  (1) OJ No C 249, 23. 9. 1982, p. 6 and OJ No C 121, 5. 5. 1984, p. 7.  (2) OJ No C 13, 17. 1. 1983, p. 211 and OJ No C 172, 2. 7. 1984, p. 185.  (3) OJ No 121, 29. 7. 1964, p. 1977/64.  (4) OJ No L 360, 23. 12. 1983, p. 44.  (5) OJ No L 302, 31. 12. 1972, p. 24.


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31993L0121

Council Directive 93/121/EC of 22 December 1993 amending Directive 91/494/EEC on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat

Official Journal L 340 , 31/12/1993 P. 0039 - 0040 Finnish special edition: Chapter 3 Volume 55 P. 0212  Swedish special edition: Chapter 3 Volume 55 P. 0212

COUNCIL DIRECTIVE 93/121/ECof 22 December 1993amending Directive  91/494/EEC on animal health conditions governing intra-Community trade in and imports from third  countries of fresh poultrymeatTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European 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 Article 3 (A) (1) of Council Directive 91/494/EEC of 26 June 1991 on animal health  conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat  (4) lays down the rules for Newcastle disease vaccination for flocks of origin of poultrymeat  intended for Member States or regions of Member States the status of which has been recognized in  accordance with Article 12 (2) of Council Directive 90/539/EEC of 15 October 1990 on animal health  conditions governing intra-Community trade in, and imports from third countries of, poultry and  hatching eggs (5); Whereas it is necessary to lay down the Newcastle disease vaccination rules to be applied from 1  January 1993 to trade in fresh poultrymeat intended for Member States or regions of Member States  the status of which has been recognized in accordance with Article 12 (2) of Directive 90/539/EEC; Whereas the Council has adopted Directive 92/66/EEC (6) on the control of Newcastle disease and  Directive 92/40/EEC (7) on the control of avian influenza, thus allowing a simplification of  Directive 91/494/EEC; Whereas it is desirable to allow an alternative to the use of the special mark defined in Article 5  of Directive 91/494/EEC; Whereas it is necessary to amend the trading rules applied to third countries to ensure they are  equivalent to those applied to Member States, particularly as regards Newcastle disease and avian  influenza, HAS ADOPTED THIS DIRECTIVE: Article 1Directive 91/494/EEC is hereby amended as follows: 1. Article 3(A)(1) shall be replaced by the following: '1. has been held in Community territory since hatching or has been imported from third countries  in accordance with the requirements of Chapter III of Directive 90/539/EEC. Poultrymeat intended  for Member States or regions of Member States the status of which has been recognized in accordance  with Article 12 (2) of that Directive must come from poultry which has not been vaccinated against  Newcastle disease using a live vaccine during the 30 days preceding slaughter. This rule shall be reviewed by the Council acting by a qualified majority on a proposal from the  Commission before Community legislation harmonizing the use of Newcastle disease vaccine enters  into force and not later than 31 December 1994.'. 2. In Article 3(A)(2) the second indent shall be replaced by the following: '- which is not located in an area which for animal health reasons is subject to restrictive  measures involving controls on poultrymeat in accordance with Community legislation as a result of  an outbreak of disease to which poultry is susceptible;'. 3. The following paragraphs shall be added to Article 5: '3. By way of derogation from paragraphs 1 and 2 and in the event of an epizootic of Newcastle  disease, fresh poultrymeat may be marked in accordance with Article 3 (1)(A)(e) of Directive  71/118/EEC with the health mark described in Annex I, Chapter X, point 44(a) and (b) to Directive  71/118/EEC, provided that such meat comes from poultry which: (a) comes from a holding situated within the surveillance zone as defined in Article 9 (1) of  Directive 92/66/EEC, but not the protection zone defined in Article 9 (1) of Directive 92/66/EEC,  and with respect to which, following an epidemiological examination, no contact with an infected  holding has been recorded; (b) comes from a flock where a virological examination giving a negative result is carried out on a  representative sample of the flock five days before shipment of the poultry; the sampling must be  carried out by a veterinarian designated by the competent authority; (c) comes from a holding where no signs or clinical symptoms have been found which could indicate  the presence of Newcastle disease following a clinical examination by a veterinarian designated by  the competent authorities; such examination must have been carried out within the 24 hours before  consignment of the poultry; (d) without prejudice to the provisions of Article 3(A)(3), is directly transported from the  holding of origin to the slaughterhouse; the means of transport used must be sealed by the official  veterinarian and cleaned and disinfected before and after each transport; (e) is examined in the slaughterhouse at the time of the ante or post-mortem inspection, with a  view to detecting symptoms of Newcastle disease. Member States invoking these provisions shall inform the other Member States and the Commission  within the Standing Veterinary Committee of the measures they adopt in this matter. The general criteria for sampling, frequency of sampling and any conditions to be observed in  implementing (a), (b) and (c) shall be laid down in accordance with the procedure provided for in  Article 17, after consultation of the Scientific Veterinary Committee and before 1 January 1995. 4. Before 1 January 1998, the Commission shall submit to the Council a report on experience gained  since implementation of these provisions, together with any proposals on which the Council shall  decide by a qualified majority.'. 4. Article 10 shall be replaced by the following: 'Article 101. Fresh poultrymeat must come from countries: (a) in which avian influenza and Newcastle disease are legally notifiable diseases throughout the  country in accordance with international standards; (b) free from avian influenza and Newcastle disease, orwhich, although they are not free from  these diseases, apply measures to control them which are at least equivalent to those laid down in  Directives 92/40/EEC and 92/66/EEC respectively. 2. Additional criteria for classifying third countries in respect of paragraph 1 shall be adopted  in accordance with the procedure laid down in Article 17 before 1 January 1995. When implementing paragraph 1, the Commission shall adopt, by means of certification, all measures  necessary to safeguard the particular animal health situations in certain regions of the  Community. 3. The Commission may, in accordance with the procedure laid down in Article 17, decide under which  conditions paragraph 1 is to apply only to a part of the territory of third countries.'. Article 21. Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive not later than 1 January 1995. 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 reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the provisions of national law  which they adopt in the field governed by this Directive. Article 3This Directive is addressed to the Member States. Done at Brussels, 22 December 1993. For the CouncilThe PresidentJ.-M. DEHOUSSE(1) OJ No C 89, 31. 3. 1993, p.  8. (2) OJ No C 176, 28. 6. 1993, p. 26. (3) OJ No C 201, 26. 7. 1993, p. 50. (4) OJ No L 268, 24. 9. 1991, p. 35. (5) OJ No L 303, 31. 10. 1990, p. 6. (6) OJ No L 260, 5. 9. 1992, p. 1. (7) OJ No L 167, 22. 6. 1992, p. 1.


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31994L0044

Commission Directive 94/44/EC of 19 September 1994 adapting to technical progress Council Directive 82/130/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp

Official Journal L 248 , 23/09/1994 P. 0022 - 0024 Finnish special edition: Chapter 13 Volume 27 P. 0037  Swedish special edition: Chapter 13 Volume 27 P. 0037

COMMISSION DIRECTIVE 94/44/EC of 19 September 1994 adapting to technical progress Council Directive 82/130/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in  mines susceptible to firedampTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 82/130/EEC of 15 February 1982 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp (1) as last amended by  European Parliament and Council Directive 94/9/EC (2), and in particular Article 7 thereof,  Whereas in view of the present state of technical progress, it is now necessary to adapt the contents of the harmonized standards referred to in Annex A of Directive 82/130/EEC;  Whereas in view of the nature of the equipment mentioned above, it is necessary to provide for a transition period in order to allow the industry to adapt to the amendments of standards;  Whereas the measures provided for in this Directive are in accordance with the opinion delivered by the Restricted Committee of the Safety and Health Commission for the Mining and other Extractive Industries,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Annex A of Directive 82/130/EEC is replaced by Annex A in the Annex to this Directive.   Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 September 1995 and shall forthwith inform the Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference all the time of their official publication. The procedure for such reference shall be adopted by the Member States.  Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted or adopt in the field governed by this Directive.  2. However, until 30 June 2003, Member States shall continue to apply the measures provided for in Article 4 of Directive 82/130/EEC as regards the equipment for which conformity to the harmonized standards is attested by the certificate of conformity  referred to in Article 8 of Directive 82/130/EEC, provided that this certificate was issued before 1 January 1997.   Article 3  This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.  Done at Brussels, 19 September 1994.  For the Commission Padraig FLYNN Member of the Commission  (1) OJ No L 59, 2. 3. 1982, p. 10.  (2) OJ No L 100, 19. 4. 1994, p. 1.      ANNEX  'ANNEX A HARMONIZED STANDARDS The harmonized standards to which equipment must conform, depending on the type of protection, are the European Standards referred to in the table below.  Certificates issued on the basis of the standards listed in the table below shall be referred to as "generation D certificates". The letter D shall appear at the beginning of the serial number of each such certificate.  EUROPEAN STANDARDS (drawn up by Cenelec, 35 rue de Stassart, B-1050 Brussels)  "" ID="1">EN 50014> ID="2">Electrical apparatus for potentially explosive atmospheres:"> ID="2">General requirements> ID="3">1> ID="4">March 1977"> ID="2">Amendment 1> ID="4">July 1979"> ID="2">Amendment 2> ID="4">June 1982">  ID="2">Amendments 3 and 4> ID="4">December 1982"> ID="2">Amendment 5> ID="4">February 1986"> ID="1">EN 50015> ID="2">Electrical apparatus for potentially explosive atmospheres:"> ID="2">Oil immersion "o"> ID="3">1> ID="4">March 1977">  ID="2">Amendment 1> ID="4">July 1979"> ID="1">EN 50016> ID="2">Electrical apparatus for potentially explosive atmospheres:"> ID="2">Pressurized apparatus "p"> ID="3">1> ID="4">March 1977"> ID="2">Amendment 1> ID="4">July 1979"> ID="1">EN 50017>  ID="2">Electrical apparatus for potentially explosive atmospheres:"> ID="2">Powder filling "q"> ID="3">1> ID="4">March 1977"> ID="2">Amendment 1> ID="4">July 1979"> ID="1">EN 50018> ID="2">Electrical apparatus for potentially explosive  atmospheres:"> ID="2">Flameproof enclosure "d"> ID="3">1> ID="4">March 1977"> ID="2">Amendment 1> ID="4">July 1979"> ID="2">Amendment 2> ID="4">December 1982"> ID="2">Amendment 3> ID="4">November 1985"> ID="1">EN 50019> ID="2">Electrical apparatus  for potentially explosive atmospheres:"> ID="2">Increased safety "e"> ID="3">1> ID="4">March 1977"> ID="2">Amendment 1> ID="4">July 1979"> ID="2">Amendment 2> ID="4">September 1983"> ID="2">Amendment 3> ID="4">December 1985"> ID="2">Amendment 4>  ID="4">October 1989"> ID="2">Amendment 5> ID="4">August 1990"> ID="1">EN 50020> ID="2">Electrical apparatus for potentially explosive atmospheres:"> ID="2">Intrinsic safety "i"> ID="3">1> ID="4">March 1977"> ID="2">Amendment 1> ID="4">July 1979">  ID="2">Amendment 2> ID="4">December 1985"> ID="2">Amendment 3> ID="4">May 1990"> ID="2">Amendment 4> ID="4">May 1990"> ID="2">Amendment 5> ID="4">May 1990"> ID="1">EN 50028> ID="2">Electrical apparatus for potentially explosive atmospheres:">  ID="2">Encapsulation "m"> ID="3">1> ID="4">February 1987"> ID="1">EN 50033> ID="2">Electrical apparatus for potentially explosive atmospheres:"> ID="2">Caplights> ID="3">2> ID="4">March 1991'">


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31995L0068

Council Directive 95/68/EC of 22 December 1995 amending Directive 77/99/EEC on health problems affecting the production and marketing of meat products and certain other products of animal origin

Official Journal L 332 , 30/12/1995 P. 0010 - 0014

COUNCIL DIRECTIVE 95/68/ECof 22 December 1995amending Directive 77/99/EEC  on health problems affecting the production and marketing of meat products and certain other  products of animal originTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Directive 77/99/EEC (1) and in particular Article 19 thereof, Having regard to the proposal from the Commission, Whereas certain aspects of the Annexes to Directive 77/99/EEC should be adapted in order to take  account of technological progress in the meat processing sector and in order to bring technical  requirements into line with current practice; Whereas it is therefore necessary to amend the requirements relating to the general conditions for  approval of establishments, the general conditions of hygiene applicable to premises, equipment and  tools, the special conditions of hygiene for establishments preparing meat products, the  requirements for the wrapping, packaging, labelling, health marking, storage and transport of meat  products and those relating to the special conditions for prepared meat meals and for rendered  fats; Whereas, until such time as measures have been taken to simplify existing texts, it is necessary to  adopt provisional measures to avoid the application of several health marks to meat products  containing other products of animal origin; Whereas the amendments made by the Council to Council Directive 64/433/EEC of 26 June 1964 on  health problems affecting intra-Community trade in fresh meat (2) including small cold stores and  Council Directive 88/657/EEC of 14 December 1988 lying down the requirements for the production of,  and trade in, minced meat, meat in pieces of less than 100 grams and meat preparations and amending  Directives 64/533/EEC, 71/118/EEC and 72/462/EEC (3) require subsequent adjustments to Directive  77/99/EEC; whereas, pending such proposals, measures should be adopted to adjust the Annexes to  Directive 77/99/EEC to technological progress, HAS ADOPTED THIS DIRECTIVE: Article 1 The Annexes to Directive 77/99/EEC are hereby amended as follows: 1. in Annex A, Chapter I, point 2 (e) shall be replaced by the following: '(e) adequate ventilation and, where necessary, good steam and water-vapour extraction facilities  in order to eliminate as far as possible condensation on surfaces such as walls and ceilings or  roof linings;'2. in Annex A, Chapter I, the following shall be added to point 8: 'for disinfecting equipment and utensils, water of a temperature of not less than 82° C, or other  disinfection methods approved by the competent authority, must be used;'3. in Annex A, Chapter I,  the following shall be added to point 12: 'where the competent authority is not required to be present at all times, a lockable device of  sufficient capacity for storage of equipment and materials is sufficient;'; 4. in Annex A, Chapter I, point 15 shall be replaced by the following: '15. adequate facilities for cleaning and desinfecting means of transport; unless, with the  agreement of the competent authority, facilities not situated in the establishment may be used;'5.  in Annex A, Chapter I, the following point 16 shall be added: '16. where the treatment applied requires the absence of water for manufacture of the products,  certain requirements of this Chapter, in particular those laid down in points 2 (a) and (g), may be  adjusted. Should recourse be had to such a derogation, cleaning and disinfecting processes which do  not make use of water may, with the authorization of the competent authority, be applied in the  parts of the establishment concerned.'; 6. in Annex A, Chapter II A, the last sentence of point 1 shall be replaced by the following: 'Cleaning and disinfecting must be performed with a frequency and by means of processes which are  in line with the principles set out in Article 7 of the Directive.'; 7. in Annex A, Chapter II A, point 5 shall be replaced by the following: '5. Detergents, disinfectants and similar substances must be used in accordance with the  manufacturers' instructions in such a way that they do not have adverse effects on the machinery,  equipment, raw materials and products. Their use must be followed by thorough rinsing of such  instruments and working equipment with potable water except where the directions for use of such  substances render such rinsing unnecessary. Products for maintenance and cleaning must be kept in the room or facility provided for in Chapter  I (14) of this Annex.'; 8. (concerns only the German text) in Annex A, Chapter II B, the second subparagraph of point 2  shall read: '. . . bearbeitet und behandelt'; 9. in Annex B, Chapter III, point 3 shall be replaced by the following: '3. The presence of products of animal origin, other than meat as defined in Article 2 (d) of the  Directive contained in the meat products, is authorized only if these products comply with the  requirements laid down in the relevant Community legislation.'; 10. in Annex B, Chapter V, the third indent of point 4 shall be replaced by the following: '- for packaging not intended for the final consumer, the date of preparation or a code which can  be interpreted by the recipient and by the competent authority allowing the identification of that  date.'; 11. in Annex B, Chapter VI shall be replaced by the following: 'CHAPTER VIHEALTH MARK1. Meat products must carry a health mark. Marking must be carried out  during or immediately after manufacture in the establishment or wrapping centre, in an easily  visible place in legible and indelible characters which are easy to distinguish. The health mark  may be applied directly to the product or to its wrapping if the meat product is individually  wrapped, or to a label affixed to the wrapping, in accordance with point 4 (b). However, where a  meat product is wrapped and packaged individually, a health mark applied to the packaging is  sufficient. 2. Where meat products carrying a health mark in accordance with point 1 are then packaged, the  health mark must also be applied to the packaging. 3. By way of derogation from points 1 and 2, the health marking of meat products is not necessary: (a) where the health mark, in compliance with point 4, is applied to the external surface of each  sales unit containing them; (b) where, for meat products in consignments intended for further processing or wrapping in an  approved establishment: - the said consignments bear the health mark of the approved establishment consigning them in a  visible place on the external surface, together with a clear indication of the intended  destination, - the recipient establishment maintains a record of the quantities, type and origin of meat  products received in accordance with this point and stores that record for the period laid down in  the fourth indent of the second subparagraph of Article 7 (1) of the Directive. However, meat  products in large packagings which are intended for immediate sale without further processing or  wrapping must bear a health mark in compliance with point 1, 2 or 3 (a); (c) where, for meat products which are not wrapped or packaged but sold in bulk by the manufacturer  directly to a retailer: - the health mark, in compliance with point 1, is applied to the container carrying them, - the manufacturer maintains a record of the quantities and type of the meat products consigned in  accordance with this point and of the name of the recipient and stores that record for the period  laid down in the fourth indent of the second subparagraph of Article 7 (1) of the Directive. 4. (a) The health mark must give the following particulars within an oval surround: (i) either: - above: the initial letter or letters of the consigning country in printed capitals, i.e. B - DK -  D - EL - E - F - IRL - I - L - NL - AT - P - FI - S - UK, followed by the approval number of the  establishment or, the rewrapping centre, in accordance with Decision 94/837/EC, if necessary  accompanied by a code number stating the type of product for which the establishment is approved, - below: one of the following sets of initials: CEE - EOEF - EWG - EOK - ETY - EC - EEG; (ii) or: - above: the name of the consigning country in capitals, - in the centre: the approval number of the establishment or the rewrapping centre, in accordance  with Decision 94/837/EC, if necessary accompanied by a code number stating the type of product for  which the establishment is approved, - below: one of the following sets of initials: CEE - EOEF - EWG - EOK - ETY - EEC - EEG; (b) the health mark may be applied directly to the product by authorized means or be pre-printed on  its wrapping or packaging, or to a label affixed to the product, its wrapping or packaging. Where  it is applied to the wrapping, the stamp must be destroyed when the wrapping is opened. Failure to  destroy the stamp can be tolerated only where the wrapping is destroyed by opening it. In the case  of products in hermetically sealed containers, the stamp must be applied indelibly on either the  lid or the can; (c) the health mark may also consist of an irremovable plate of resistant material, complying with  all the hygiene requirements and containing all the information listed in point (a). 5. Where a meat product contains other foodstuffs of animal origin such as fishery products, dairy  products or egg products, only one health mark must be applied.'; 12. in Annex B, Chapter VII, point 1 shall be replaced by the following: '1. Meat products must be stored in the rooms provided for in Annex B, Chapter I, point 1(a). However, meat products may also be stored outside the rooms provided for in that point on the  following conditions: (a) meat products which cannot be kept at ambient temperatures may be stored in cold storage plant  as referred to in Article 3 (A) (8) of the Directive or in cold storage plant approved in  accordance with the other relevant Directives; (b) meat products which can be kept at ambient temperatures may be stored in stores of solid  construction, easy to clean and disinfect, and approved by the competent authority.'; 13. in Annex B, Chapter VII, the following shall be added: '5. The commercial document referred to in Article 3 A (9) (b) (i) of the Directive must accompany  meat products during the first stage of marketing. For transport and marketing at subsequent stages, the products must be accompanied by a commercial  document bearing the approval number of the consigning establishment identifying the competent  authority responsible for control'; 14. in Annex B, Chapter VIII, point B shall be replaced by the following: 'B. The operator or manager of an establishment manufacturing meat products in hermetically sealed  containers must also check by sampling that: (1) a heat treatment is applied to meat products intended for storing at ambient temperature which  is capable of destroying or inactivating pathogenic germs and the spores of pathogenic  micro-organisms. A register of manufacturing parameters such as duration of heating, temperature,  filling, size of containers, etc. must be kept. The heat treatment apparatus must be fitted with control devices making it possible to check that  containers have undergone effective heat treatment; (2) the material used for the containers meets Community requirements relating to materials  intended to come into contact with foodstuffs; (3) checks on the daily output are carried out at intervals determined in advance, to ensure the  efficacy of the sealing. To this end, suitable equipment must be available for examining  perpendicular sections and the seams of the sealed containers; (4) additional checks by sampling are carried out by the manufacturer to ensure that: (a) sterilized products have undergone effective treatment, by means of: - incubation tests. Incubation must be performed at a least 37° C for seven days or at at least 35°  C for 10 days, or any other time/temperature combination recognized as equivalent by the competent  authority, - microbiological examination of the contents and the containers in the establishment's laboratory  or in another approved laboratory; (b) pasteurized products in hermetically sealed containers satisfy criteria recognized by the  competent authority, (5) the necessary checks are carried out to ensure that the cooling water contains a residual level  of chlorine after use. Member States may, however, grant a derogation from this requirement if the  water fulfils the requirements of Directive 80/778/EEC.'; 15. in Annex B, Chapter IX, point 2 (a) shall be replaced by the following: '2. (a) The meat product contained in the prepared meal must, as soon as it has been cooked: (i) either be mixed with the other ingredients as soon as practically possible; in that event the  time during which the temperature of the meat products is between 10° C and 60° C must be kept to a  maximum of two hours; (ii) or be refrigerated to 10° C or less before being mixed with the other ingredients. Where other preparation methods are applied, these must be approved by the competent authority,  which shall inform the Commission accordingly.'; 16. in Annex C, Chapter II A, point 2 (a) shall be replaced by the following: '(a) a cold store, unless the raw materials are collected and rendered within the time limits laid  down in B (3) (b) and B (3) (c);'; 17. in Annex C, Chapter II B, the words 'for the production of raw materials' shall be deleted in  point 7; 18. in Annex C, Chapter II B, point 8 shall be replaced by the following: '8. Rendered animal fat, depending on type, must meet the following standards: >TABLE>'Article 2 1. Member States shall bring into force the laws, regulations and  administrative provisions necessary to comply with this Directive before 1 October 1996. They shall  forthwith inform the Commission thereof. When Member States adopt these provisions, they shall contain a reference to this Directive or  shall be accompanied by such reference on the occasion of their official publication. The methods  of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the main provisions of domestic  law which they adopt in the field governed by this Directive. Article 3 This Directive shall enter into force on the 20th day following that of its publication  in the Official Journal of the European Communities. Article 4 This Directive is addressed to the Member States. Done at Brussels, 22 December 1995. For the CouncilThe PresidentL. ATIENZA SERNA(1) OJ No L 26, 31. 1. 1977, p.  85. Directive as last amended by the 1994 Act of Accession. (2) OJ No 121, 29. 7. 1964, p. 2012/64. Directive as last amended by Directive 95/23/EC (OJ No L  243, 11. 10. 1995, p. 7). (3) OJ No L 382, 31. 12. 1988, p. 3. Directive as last amended by the 1994 Act of Accession.


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31980L1274

Council Directive 80/1274/EEC of 22 December 1980 amending, consequent on the accession of Greece, Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine and Directive 80/217/EEC introducing Community measures for the control of classical swine fever

Official Journal L 375 , 31/12/1980 P. 0075 - 0075 Greek special edition: Chapter 03 Volume 32 P. 0210  Spanish special edition: Chapter 03 Volume 20 P. 0140  Portuguese special edition Chapter 03 Volume 20 P. 0140  Finnish special edition: Chapter 3 Volume 12 P. 0272  Swedish special edition: Chapter 3 Volume 12 P. 0272

COUNCIL DIRECTIVE  of 22 December 1980  amending, consequent on the accession of Greece, Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine and Directive 80/217/EEC introducing Community measures for the control of classical swine fever  (80/1274/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the 1979 Act of Accession, and in particular Article 146 thereof,  Having regard to the proposal of the Commission,  Whereas, pursuant to Article 22 of the 1979 Act of Accession, the adaptations to the acts listed in Annex II to be drawn up in conformity with the guidelines set out in that Annex ; whereas Directive 64/432/EEC (1), as last amended by Directive 80/219/EEC (2), should be adapted accordingly;  Whereas, moreover, Directive 80/217/EEC (3), which was adopted after signature of the Treaty of Accession and is valid beyond 1 January 1981, must be adapted to ensure compliance with the provisions of the Act of Accession,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 64/432/EEC is hereby amended as follows:    1. At Annex B, point 12, the following letter shall be added: >PIC FILE= "T0013976">        2. At Annex C, point 9, the following letter shall be added: >PIC FILE= "T0013977">        3. In Annex F, footnote 4 of model certificate I and footnote 5 of model certificates II, III, and IV shall be completed by the following: >PIC FILE= "T0013978">           Article 2 The following shall be added to the list of national laboratories for swine fever in Annex II of Directive 80/217/EEC: >PIC FILE= "T0013979">    Article 3 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, in respect of Article 1, no later than 1 January 1981, and in respect of Article 2, no later than 1 July 1981. They shall inform the Commission immediately.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 22 December 1980.  For the Council  The President  J. SANTER  (1)OJ No 121, 29.7.1964, p. 1977/64. (2)OJ No L 47, 21.2.1980, p. 25. (3)OJ No L 47, 21.2.1980, p. 11.


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31993L0120

Council Directive 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs

Official Journal L 340 , 31/12/1993 P. 0035 - 0038 Finnish special edition: Chapter 3 Volume 55 P. 0207  Swedish special edition: Chapter 3 Volume 55 P. 0207

COUNCIL DIRECTIVE 93/120/ECof 22 December 1993amending Directive  90/539/EEC on animal health conditions governing intra-Community trade in and imports from third  countries of poultry and hatching eggsTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European 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 in the light of developments in the poultry industry with larger and more intensive units  there is a need to adjust certain aspects of Directive 90/539/EEC on animal health conditions  governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs  (4) to clarify requirements and to simplify their application by Member States; Whereas the Council has adopted Directive 92/66/EEC introducing Community measures for the control  of Newcastle disease (5) and Directive 92/40/EEC introducing Community measures for the control of  avian influenza (6), thus allowing a simplification of Directive 90/539/EEC; Whereas, taking account of the report from the Commission to the Council on the risks of  transmission of Newcastle disease and the requirements to be met by Newcastle disease vaccines,  provision should be made for certain Member States or regions to be approved as Newcastle disease  non-vaccinating, if appropriate; whereas, however, provision should also be made for this Newcastle  disease non-vaccinating status to be withdrawn if necessary; Whereas it is necessary to amend the trading rules as applied to third countries to ensure they are  equivalent to those applied in Member States, particularly as Newcastle disease and avian  influenza, HAS ADOPTED THIS DIRECTIVE: Article 1Directive 90/539/EEC is hereby amended as follows: 1. Article 2 (3) shall be replaced by the following: '3. "day-old chicks" shall mean all poultry less than 72 hours old, not yet fed; however, muscovy  ducks (Cairina moschata) or their crosses may be fed;'. 2. Article 2 (7) shall be replaced by the following: '7. "flock" shall mean all poultry of the same health status kept on the same premises or in the  same enclosure and constituting a single epidemiological unit. In housed poultry this will include  all birds sharing the same airspace;'. 3. Article 2 (9)(c) shall be replaced by the following: '(c) rearing establishment: (i) either a breeding poultry rearing establishment which is an establishment which rears breeding  poultry prior to the reproductive stage; or(ii) a productive poultry rearing establishment which is an establishment which rears egg-laying  productive poultry prior to the laying stage;'. 4. Article 2 (15) shall be deleted. 5. Article 5 shall be replaced by the following: 'Article 5In order to be traded in the Community: (a) hatching eggs, day-old chicks, breeding poultry and productive poultry must satisfy the  conditions laid down in Articles 6, 12, 15 and 17. They must also satisfy any conditions laid down  pursuant to Articles 13 and 14. In addition: - hatching eggs must satisfy the conditions laid down in Article 7, - day-old chicks must satisfy the conditions laid down in Article 8, - breeding poultry and productive poultry must satisfy the conditions laid down in Article 9; (b) Slaughter poultry must fulfil the conditions set out in Articles 10, 12, 15 and 17 and those  laid down pursuant to Articles 13 and 14; (c) Poultry (including day-old chicks) intended for restocking supplies of game must fulfil the  conditions set out in Articles 10a, 12, 15 and 17 and those laid down pursuant to Articles 13 and  14.'. 6. Article 6 (1)(c) shall be replaced by the following: '(c) they must not be located in an area which for animal health reasons is subject to restrictive  measures in accordance with Community legislation as a result of the outbreak of a disease to which  poultry is susceptible;'. 7. Article 6 (2) shall be replaced by the following: '2. A flock which at the time of consignment presents no clinical sign or suspicion of contagious  poultry disease;'. 8. Article 7 shall be replaced by the following: 'Article 7At the time of consignment, hatching eggs must: 1. come from flocks which: - have been held for more than six weeks in one or more Community establishments as defined in  Article 6 (1)(a), - if vaccinated, have been vaccinated in accordance with the vaccination conditions in Annex III; - have either undergone an animal health examination carried out by an official veterinarian or an  authorized veterinarian during the 72 hours preceding consignment and, at the time of the  examination, have shown no clinical sign or suspicion of contagious disease, - or have had a monthly health inspection visit by an official veterinarian or an authorized  veterinarian, the most recent visit having been within 31 days of consignment. If this option is  chosen there must also be an examination by the official veterinarian or authorized veterinarian of  the records of the health status of the flock and an evaluation of its current health status as  assessed by up-to-date information supplied by the person in charge of the flock during the 72  hours preceding consignment. In a case where records or other information give rise to suspicion of  disease, the flocks must have had an animal health examination by the official veterinarian or  authorized veterinarian that has ruled out the possibility of contagious poultry disease; 2. be marked in accordance with Commission Regulation (EEC) No 1868/77; 3. have been disinfected in accordance with the instructions of the official veterinarian. In addition, if contagious poultry diseases which may be transmitted through eggs develop in the  flock which supplied the hatching eggs during the period of their incubation, the hatchery involved  and the authority or authorities responsible for the hatchery and the flock of origin must be  notified.'. 9. Article 8(b) shall be replaced by the following: '(b) satisfy the vaccination conditions in Annex III, if they have been vaccinated;'. 10. Article 9(b) shall be replaced by the following: '(b) satisfy the vaccination conditions in Annex II, if they have been vaccinated;'. 11. Article 9(c) shall be replaced by the following: '(c) have been submitted to a health examination by an official veterinarian or authorized  veterinarian during the 48 hours preceding consignment and, at the time of the examination, have  presented no clinical sign or suspicion of contagious poultry disease;'. 12. Article 10(c) shall be replaced by the following: '(c) where the health examination carried out by the official veterinarian or authorized  veterinarian during the 5 days preceding dispatch on the flock from which the consignment to be  slaughtered is to be drawn has not revealed within that flock any clinical sign or suspicion of  contagious poultry disease;'. 13. Article 10(d) shall be replaced by the following: '(d) which is not located in an area which for animal health reasons is subject to restrictive  measures in accordance with Community legislation as a result of the outbreak of a disease to which  poultry is susceptible.'. 14. The following Article shall be inserted: 'Article 10a1. At the time of consignment, poultry over 72 hours old intended for restocking  supplies of wild game must have come from a holding: (a) where it has been held since hatching or for more than 21 days and where it has not been placed  in contact with newly-arrived poultry during the two weeks preceding consignment; (b) which is not the subject of any animal health restrictions applicable to poultry; (c) where the health examination carried out by the official veterinarian or authorized  veterinarian during the 48 hours preceding dispatch on the flock from which the consignment is to  be drawn has not revealed within that flock any clinical sign or suspicion of contagious poultry  disease; (d) which is not located in an area which for animal health reasons is subject to prohibition in  accordance with Community legislation as a result of an outbreak of disease to which poultry is  susceptible. 2. Articles 6 and 9a shall not apply to the poultry referred to in paragraph 1.'. 15. In Article 11 (2) the third indent shall be replaced by the following: '- satisfy the vaccination conditions in Annex III, if they have been vaccinated;'. 16. In Article 11 (2) the fifth indent shall be replaced by the following: '- are not located in an area which for animal health reasons is subject to restrictive measures in  accordance with Community legislation as a result of an outbreak of disease to which poultry is  susceptible;'. 17. in Article 11 (2) the last indent shall be replaced by the following: 'All birds in the consignment must have been found negative in serological tests for Salmonella  pullorum and Salmonella gallinarum antibodies, in accordance with Annex II, Chapter III, in the  month preceding the consignment. In the case of hatching eggs or day-old chicks, the flock of  origin must be tested serologically for Salmonella pullorum and Salmonella gallinarum in the three  months preceding the consignment at a level which gives 95 % confidence of detecting infection at 5  % prevalence.'. 18. Article 12 (2) and (3) shall be replaced by the following: '2. If a Member State or a region or regions of a Member State wish to be established as Newcastle  disease non-vaccinating they can present a programme as laid down in Article 13 (1). The Commission shall examine the programmes presented by the Member States. The programmes may be  approved, in compliance with the criteria referred to in Article 13 (1), in accordance with the  procedure laid down in Article 32. Any additional guarantees, general or specific, which may be  required in intra-Community trade may be defined in accordance with the same procedure. Where a Member State or a region of a Member State considers it has achieved Newcastle disease  non-vaccinating status, an application may be made to the Commission for Newcastle disease  non-vaccinating status to be established in accordance with the procedure laid down in Article 32. The elements to be taken into account for determination of a Member State's or region's status as  Newcastle disease non-vaccinating shall be the data referred to in Article 14 (1) and, in  particular, the following criteria: - vaccination against Newcastle disease in the poultry referred to in Article 1 shall not have been  authorized for the preceding 12 months, except for the compulsory vaccination of racing pigeons  referred to in Article 17 (3) of Directive 92/66/EEC, - breeding flocks shall have been serologically monitored at least once a year for the presence of  Newcastle disease according to the detailed rules adopted under the procedure laid down in Article  32, - the holdings shall contain no poultry which has been vaccinated against Newcastle disease in the  previous 12 months, with the exception of racing pigeons vaccinated pursuant to Article 17 (3) of  Directive 92/66/EEC. 3. The Commission may suspend Newcastle disease non-vaccinating status in accordance with the  procedure laid down in Article 32 in the event of: (i) either a serious epizootic of Newcastle disease which is not being brought under control; (ii) or the removal of the legislative restrictions prohibiting systematic recourse to routine  vaccination against Newcastle disease. 4. The conditions referred to in paragraph 1 will be reviewed by the Council acting by a qualified  majority on a proposal from the Commission before legislation harmonizing the use of Newcastle  disease vaccines enters into force and not later than 31 December 1994.'. 19. Article 15 (1) shall be replaced by the following: '1. "Day-old chicks" and hatching eggs must be transported in: - either unused purpose-designed disposable containers to be used only once and then destroyed, - or containers which may be re-used provided they are cleaned and disinfected beforehand. In any event such containers must: (a) contain only day-old chicks or hatching eggs of the same species, category and type of poultry,  coming from the same establishment; (b) be labelled with: - the name of the Member State and region of origin, - the establishment of origin's approval number as provided for in Annex II, Chapter I (2), - the number of chicks or eggs in each box, - the poultry species to which the eggs or chicks belong.'. 20. In Article 15 (3) the third indent shall be deleted. 21. In Article 15 (4) the following point shall be added: '(c) poultry intended for restocking supplies of game must be conveyed without delay to the point  of destination without coming into contact with other poultry except poultry intended for  restocking supplies of game satisfying the conditions laid down in this Directive.'. 22. In Article 17 the last indent shall be replaced by the following: '- bears a stamp and a signature of a different colour from that of the certificate.'. 23. Article 19 shall be deleted. 24. Article 22 shall be replaced by the following: 'Article 221. Poultry and hatching eggs must come from third countries: (a) in which avian influenza and Newcastle disease, as defined in Council Directives 92/40/EEC and  92/66/EEC respectively, are legally notifiable diseases; (b) free from avian influenza and Newcastle disease, orwhich, although they are not free from these diseases, apply measures to control them which are  at least equivalent to those laid down in Directives 92/40/EEC and 92/66/EEC respectively. 2. Additional criteria for classifying third countries in respect of paragraph 1(b), particularly  as regards the type of vaccine used, shall be adopted in accordance with the procedure laid down in  Article 32 before 1 January 1995. 3. The Commission may, in accordance with the procedure laid down in Article 32, decide under which  conditions paragraph 1 is to apply only to a part of the territory of third countries.'25. Article  24(h) shall be replaced by the following: '(h) bear a stamp and a signature of a different colour from that of the certificate.'. 26. Article 35 shall be deleted. 27. In Annex I the national reference laboratory for Denmark is changed to the following: 'National Veterinary Laboratory, Poultry Disease Division, Hangoevej 2, DK-8200 Aarhus N'. 28. In Annex IV, Model 5, point 14(a) shall be replaced by: '(a) the birds described above comply with the provisions of Articles 10 and 15 of Directive  90/539/EEC;'. 29. In Annex IV, Model 6, point 14(a) is replaced by: '(a) the birds described above comply with the provisions of Articles 10a and 15 of Directive  90/539/EEC;'. Article 21. Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive no later than 1 January 1995. 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 reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the provisions of national law  which they adopt in the field governed by this Directive. Article 3This Directive is addressed to the Member States. Done at Brussels, 22 December 1993. For the CouncilThe PresidentJ.-M. DEHOUSSE(1) OJ No C 89, 31. 3. 1993, p.  8. (2) OJ No C 176, 28. 6. 1993, p. 26. (3) OJ No C 201, 26. 7. 1993, p. 50. (4) OJ No L 303, 31. 9. 1990, p. 6. (5) OJ No L 260, 5. 9. 1992, p. 1. (6) OJ No L 167, 22. 6. 1992, p. 1.


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31972L0427

Council Directive 72/427/EEC of 19 December 1972 amending the Council Directive of 26 July 1971 on the approximation of the laws of Member States relating to common provisions for both measuring instruments and methods of metrological control

Official Journal L 291 , 28/12/1972 P. 0156 - 0157 Finnish special edition: Chapter 13 Volume 2 P. 0162  Danish special edition: Series I Chapter 1972(28.12) P. 0023  Swedish special edition: Chapter 13 Volume 2 P. 0162  English special edition: Series I Chapter 1972(28-30.12) P. 0071  Greek special edition: Chapter 13 Volume 2 P. 0056  Spanish special edition: Chapter 13 Volume 2 P. 0177  Portuguese special edition Chapter 13 Volume 2 P. 0177

COUNCIL DIRECTIVE  of 19 December 1972  amending the Council Directive of 26 July 1971 on the approximation of the laws of Member States relating to common provisions for both measuring instruments and methods of metrological control  (72/427/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty concerning the accession of the new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972, and in particular Article 153 of the Act annexed thereto.  Having regard to the proposal from the Commission.  Whereas Annex II of the Council Directive of 26 July 1971 1 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control requires technical adjustment as a result of the enlargement of the Community;  Whereas pursuant to Article 30 of the Act referred to above, the aforementioned Directive must be amended in conformity with the guidelines laid down in Annex II of that Act;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The drawings to which Annex II, item 3.2.1 of the Council Directive of 26 July 1971 refers, shall be supplemented by the letters necessary for the signs UK, IR and DK, in accordance with the model below: >PIC FILE= "T0010758">   1OJ No L 202, 6.9.1971, p. 1.    Article 2 This Directive is addressed to the Member States and shall take effect on the date of accession.     Done at Brussels, 19 December 1972.  For the Council  The President  T. WESTERTERP