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31986L0613

Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood

Official Journal L 359 , 19/12/1986 P. 0056 - 0058 Finnish special edition: Chapter 6 Volume 2 P. 0133  Swedish special edition: Chapter 6 Volume 2 P. 0133

*****COUNCIL  DIRECTIVE  of 11 December 1986  on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood  (86/613/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 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 its resolution of 12 July 1982 on the promotion of equal opportunities for women (4), the Council approved the general objectives of the Commission communication concerning a new Community action programme on the promotion of equal opportunities for women (1982 to 1985) and expressed the will to implement appropriate measures to achieve them;  Whereas action 5 of the programme referred to above concerns the application of the principle of equal treatment to self-employed women and to women in agriculture;  Whereas the implementation of the principle of equal pay for men and women workers, as laid down in Article 119 of the Treaty, forms an integral part of the establishment and functioning of the common market;  Whereas on 10 February 1975 the Council adopted Directive 75/117/EEC on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (5);  Whereas, as regards other aspects of equality of treatment between men and women, on 9 February 1976 the Council adopted Directive 76/207/EEC on the implementation of the principle of equal treament for men and women as regards access to employment, vocational training and promotion, and working conditions (6) and on 19 December 1978 Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security (7);  Whereas, as regards persons engaged in a self-employed capacity, in an activity in which their spouses are also engaged, the implementation of the principle of equal treatment should be pursued through the adoption of detailed provisions designed to cover the specific situation of these persons;  Whereas differences persist between the Member States in this field, whereas, therefore it is necessary to approximate national provisions with regard to the application of the principle of equal treatment;  Whereas in certain respects the Treaty does not confer the powers necessary for the specific actions required;  Whereas the implementation of the principle of equal treatment is without prejudice to measures concerning the protection of women during pregnancy and motherhood,  HAS ADOPTED THIS DIRECTIVE:  SECTION I  Aims and scope  Article 1  The purpose of this Directive is to ensure, in accordance with the following provisions, application in the Member States of the principle of equal treatment as between men and women engaged in an activity in a self-employed capacity, or contributing to the pursuit of such an activity, as regards those aspects not covered by Directives 76/207/EEC and 79/7/EEC.  Article 2  This Directive covers:  (a) self-employed workers, i.e. all persons pursuing a gainful activity for their own account, under the conditions laid down by national law, including farmers and members of the liberal professions;  (b) their spouses, not being employees or partners, where they habitually, under the conditions laid down by national law, participate in the activities of the self-employed worker and perform the same tasks or ancillary tasks.  Article 3  For the purposes of this Directive the principle of equal treatment implies the absence of all discrimination on grounds of sex, either directly or indirectly, by reference in particular to marital or family status.  SECTION II  Equal treatment between self-employed male and female workers - position of the spouses without professional status of self-employed workers - protection of self-employed workers or wives of self-employed workers during pregnancy and motherhood  Article 4  As regards self-employed persons, Member States shall take the measures necessary to ensure the elimination of all provisions which are contrary to the principle of equal treatment as defined in Directive 76/207/EEC, especially in respect of the establishment, equipment or extension of a business or the launching or extension of any other form of self-employed activity including financial facilities.  Article 5  Without prejudice to the specific conditions for access to certain activities which apply equally to both sexes, Member States shall take the measures necessary to ensure that the conditions for the formation of a company between spouses are not more restrictive than the conditions for the formation of a company between unmarried persons.  Article 6  Where a contributory social security system for selfemployed workers exists in a Member State, that Member State shall take the necessary measures to enable the spouses referred to in Article 2 (b) who are not protected under the self-employed worker's social security scheme to join a contributory social security scheme voluntarily.  Article 7  Member States shall undertake to examine under what conditions recognition of the work of the spouses referred to in Article 2 (b) may be encouraged and, in the light of such examination, consider any appropriate steps for encouraging such recognition.  Article 8  Member States shall undertake to examine whether, and under what conditions, female self-employed workers and the wives of self-employed workers may, during interruptions in their occupaional activity owing to pregnancy or motherhood,  - have access to services supplying temporary replacements or existing national social services, or  - be entitled to cash benefits under a social security scheme or under any other public social protection system.  SECTION III  General and final provisions  Article 9  Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply the principle of equal treatment in self-employed activities to pursue their claims by judicial process, possibly after recourse to other competent authorities.  Article 10  Member States shall ensure that the measures adopted pursuant to this Directive, together with the relevant provisions already in force, are brought to the attention of bodies representing self-employed workers and vocational training centres.  Article 11  The Council shall review this Directive, on a proposal from the Commission, before 1 July 1993.  Article 12  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 June 1989.  However, if a Member State which, in order to comply with Article 5 of this Directive, has to amend its legislation on matrimonial rights and obligations, the date on which such Member State must comply with Article 5 shall be 30 June 1991. 2. Member States shall immediately inform the Commission of the measures taken to comply with this Directive.  Article 13  Member States shall forward to the Commission, not later than 30 June 1991, all the information necessary to enable it to draw up a report on the application of this Directive for submission to the Council.  Article 14  This Directive is addressed to the Member States.  Done at Brussels, 11 December 1986.  For the Council  The President  A. CLARKE  (1) OJ No C 113, 27. 4. 1984, p. 4.  (2) OJ No C 172, 2. 7. 1984, p. 90.  (3) OJ No C 343, 24. 12. 1984, p. 1.  (4) OJ No C 186, 21. 7. 1982, p. 3.  (5) OJ No L 45, 19. 2. 1975, p. 19.  (6) OJ No L 39, 14. 2. 1975, p. 40.  (7) OJ No L 6, 10. 1. 1979, p. 24.


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32002L0037

Commission Directive 2002/37/EC of 3 May 2002 amending Council Directive 91/414/EEC to include ethofumesate as an active substance (Text with EEA relevance)

Official Journal L 117 , 04/05/2002 P. 0010 - 0012

Commission Directive 2002/37/ECof 3 May 2002amending Council Directive 91/414/EEC to include ethofumesate as an active substance(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 2002/18/EC(2), and in particular Article 6(1) thereof,Whereas:(1) Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market(3), as last amended by Regulation (EC) No 2266/2000(4), provides for the adoption of a list of active substances of plant protection products to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list is contained in Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant protection products and designating the rapporteur Member States for the implementation of Commission Regulation (EEC) No 3600/92(5), as last amended by Regulation (EC) No 2230/95(6), and includes ethofumesate.(2) For ethofumesate the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulation (EEC) No 3600/92 for a range of uses proposed by the notifiers. By Regulation (EC) No 933/94, as amended by Regulation (EC) No 491/95(7), Sweden was designated as rapporteur Member State. Sweden submitted the relevant assessment reports and recommendations to the Commission on 2 October 1998 in accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92.(3) This assessment report has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 26 February 2002 in the format of the Commission review report for ethofumesate.(4) The review did not reveal any open questions or concerns, which would have required a consultation of the Scientific Committee on Plants.(5) It has appeared from the various examinations made that plant protection products containing ethofumesate may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include ethofumesate in Annex I to that Directive, in order to ensure that in all Member States authorisations of plant protection products containing ethofumesate can be granted in accordance with the provisions of Directive 91/414/EEC.(6) The Commission review report is required for the proper implementation by the Member States, of several sections of the uniform principles laid down in Directive 91/414/EEC. It is, therefore, appropriate to provide that the finalised review report, except for confidential information, is kept available or made available by the Member States for consultation by any interested parties. If the review report has to be updated to take account of technical and scientific developments, the conditions for the inclusion of the substance concerned in Annex I to Directive 91/414/EEC should also be amended in accordance with that Directive.(7) A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to take the requisite preparatory steps.(8) After inclusion, Member States should be allowed a reasonable period within which to implement the provisions of Directive 91/414/EEC as regards plant protection products containing ethofumesate, and in particular, to review existing authorisations in accordance with the provisions of Directive 91/414/EEC to ensure that the conditions regarding ethofumesate set out in Annex I to Directive 91/414/EEC are satisfied. A longer period should be provided within which a complete dossier for each such plant protection product, satisfying the requirements of Annexes II and III to Directive 91/414/EEC should be submitted and that product re-evaluated in accordance with the uniform principles laid down in Directive 91/414/EEC.(9) It is therefore necessary to amend Directive 91/414/EEC accordingly.(10) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.Article 2Member States shall keep available the review report for ethofumesate, except for confidential information within the meaning of Article 14 of Directive 91/414/EEC, for consultation by any interested parties or shall make it available to them on specific request.Article 3Member States shall adopt and publish by 31 August 2003 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 September 2003.When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 41. Member States shall review the authorisation for each plant protection product containing ethofumesate to ensure that the conditions relating to ethofumesate set out in Annex I to Directive 91/414/EEC are complied with. Where necessary, they shall amend or withdraw the authorisation in accordance with Directive 91/414/EEC before 1 September 2003.2. Member States shall, for each authorised plant protection product containing ethofumesate as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 1 March 2003, re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III thereto. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC. Where necessary and by 28 February 2007 at the latest, they shall amend or withdraw the authorisation for each such plant protection product.Article 5This Directive shall enter into force on 1 March 2003.Article 6This Directive is addressed to the Member States.Done at Brussels, 3 May 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 230, 19.8.1991, p. 1.(2) OJ L 55, 26.2.2002, p. 29.(3) OJ L 366, 15.12.1992, p. 10.(4) OJ L 259, 13.10.2000, p. 27.(5) OJ L 107, 28.4.1994, p. 8.(6) OJ L 225, 22.9.1995, p. 1.(7) OJ L 49, 4.3.1995, p. 50.ANNEXIn Annex I the following row is added at the end of the table:>TABLE>(1) Further details on identity and specification of active substance are provided in the review report.


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31992L0002

Commission Directive 92/2/EEC of 13 January 1992 laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption

Official Journal L 034 , 11/02/1992 P. 0030 - 0033 Finnish special edition: Chapter 15 Volume 11 P. 0006  Swedish special edition: Chapter 15 Volume 11 P. 0006

COMMISSION DIRECTIVE 92/2/EEC  of 13 January 1992  laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumptionTHE COMMISSION OF  THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foods intended for human consumption (1), and in particular Article 11 thereof,  Whereas the temperature of quick-frozen foods should be controlled;  Whereas the Member States may use other methods scientifically valid provided that this does not hinder the free movement of quick-frozen foods and that the rules of competition are not altered;  Whereas after checking air temperature records according to procedures laid down in Commission Directive 92/1/EEC of 13 January 1992 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended  for human consumption (2) and taking into account temperatures required in Article 5 of Directive 89/108/EEC, and where this leaves reasonable doubt, Member States may proceed to a destructive test;  Whereas the inspection conforms to Council Directive 89/397/EEC of 14 June 1989, concerning the official control of foodstuffs (3) and principally to its Articles 4 and 14;  Whereas the provisions provided for in this Directive are in line with the opinion of the Standing Committee on Foodstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. Member States shall ensure that the sampling procedure and the method of analysis needed for the official inspection of the temperatures of quick-frozen foods is carried out in accordance with the provisions described in Annexes I and II  of this Directive.  2. However, the method of analysis described in Annex II of this Directive may be used only in the case where the inspection leaves reasonable doubts on the threshold of temperatures provided for in Directive 89/108/EEC on the approximation of the laws  of the Member States relating to quick-frozen foods intended for human consumption.  Article 2  The introduction of requirements provided for in Article 1 (1) and Annexes I and II shall not preclude Member States from using other scientifically valid methods provided that this does not hinder the free movement of quick-frozen foods  recognized as complying with the rules by virtue of the method described in Annex II of this Directive.  However, in the event of differences in the results, those obtained by the use of Community methods shall take precedence.  Article 3  1. Member States shall put into effect the laws, regulations and administrative provisions needed in order to comply with this Directive by, at the latest by 31 July 1993.  They shall forthwith inform the Commission thereof.  2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  Article 4  This Directive is addressed to the Member States. Done at Brussels, 13 January 1992. For the Commission  Martin BANGEMANN  Vice-President   (1) OJ No L 40, 11. 2. 1989, p. 34. (2) See page 28 of this Official Journal. (3) OJ No L 186, 30. 6. 1989, p. 23.    ANNEX I PROCEDURE FOR THE SAMPLING OF QUICK-FROZEN FOODS INTENDED FOR HUMAN CONSUMPTION  1. Selection of packages for inspection  The type and quantity of packages selected shall be such that their temperature is representative of the warmest points of the consignment inspected.  1.1. Cold-storage  Samples should be selected from several critical points in the cold store, for example: near the doors (upper and lower levels), near the centre of the cold store (upper and lower levels), and near to the air return of the cooling unit. The duration of  storage of any products should be taken into account (for the stabilization of the temperature).  1.2. Transport  (a) Where it is necessary to select samples during transport:  Select from the top and the bottom of the consignment adjacent to the opening edge of each door or pair of doors.  (b) Sampling during unloading:  Choose four samples from amongst the following critical points:  - top and bottom of the consignment adjacent to the opening edge of doors,  - top rear corners of the consignment (at a point as far away from the refrigeration unit as possible),  - centre of the consignment,  - centre of the front surface of the consignment (as close as possible to the refrigeration unit),  - top and bottom corners of the front surface of the consignment (as close as possible to the return air to the refrigeration unit).  1.3. Retail display cabinets  A sample must be selected for testing from each of three locations representative of the warmest points within the retail display cabinet used.     ANNEX II METHOD OF MEASURING THE TEMPERATURE OF QUICK-FROZEN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION  1. Scope  Under Article 1 (2) (1) of Directive 89/108/EEC the temperature throughout the product, following thermal stabilization, must be maintained at all times at a temperature of - 18° C or colder with possible brief upward fluctuations as specified in Article  5 of the Directive.  2. Principle  Measurement of the temperature of quick-frozen foodstuffs consists of accurately recording the temperature of a sample selected in accordance with Annex 1 by means of appropriate equipment.  3. Definition of temperature  'Temperature' means the temperature measured at the specified location by the temperature sensitive part of the measuring instrument or device.  4. Apparatus  4.1. Thermometric measuring device.  4.2. Product-penetration instruments.  A pointed metallic instrument shall be used such as an ice punch, a hand drill or an auger that is easy to clean.  5. General specification for the temperature measuring instruments  The measuring instruments shall meet the following specifications:  (a) the response time should achieve 90 % of the difference between the initial and final reading within three minutes;  (b) the instrument must have an accuracy of ± 0,5° C within the measurement range  - 20° C to + 30° C;  (c) the measuring accuracy must not be changed by more than 0,3° C during operation in the ambient temperature range - 20° C to + 30° C;  (d) the display resolution of the instruments should be 0,1° C;  (e) the accuracy of the instrument should be checked at regular intervals;  (f) the instrument should have a current certificate of calibration;  (g) the temperature probe should be capable of being easily cleaned;  (h) the temperature-sensitive part of the measuring device must be so designed as to ensure good thermal contact with the product;  (i) the electrical equipment must be protected against undesirable effects due to the condensation of moisture.  6. Procedure for measurement  6.1. Pre-cooling of instruments  The temperature measuring probe and the product penetration instrument should be pre-cooled before measuring the temperature of the product.  The pre-cooling method used should ensure that both instruments equilibrate as close to the product temperature as possible.  6.2. Preparation af samples for temperature measurement  Temperature measuring probes are not generally designed to penetrate a quick-frozen product. Therefore it is necessary to make a hole in the product in which to insert the probe by using the pre-cooled product penetration instrument. The diameter of the  holde should provide a close fit to that of the probe, and its depth will depend on the type of product (as described in 6.3).  6.3. Measurement of product temperature  The sample preparation and its temperature measurement should be undertaken whilst the sample remains in the selected refrigerated environment. Measurement is as follows:  (a) Where the product dimensions allow, insert the pre-cooled probe to a depth of 2,5 mm from the surface of the product;  (b) Where (a) is not possible the probe should be inserted to a minimum depth from the surface of 3 to 4 times the diameter of the probe.  (c) Certain foods, because of their size or composition (e.g. green peas) cannot be drilled to determine their internal temperature. In these cases, the internal temperature of the food package should be determined by insertion of a suitable pre-cooled  sharp-stemmed probe to the centre of the pack to measure the temperature in contact with the food.  (d) Read the temperature indicated when it has reached a steady value.


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32002L0004

Commission Directive 2002/4/EC of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC

Official Journal L 030 , 31/01/2002 P. 0044 - 0046

Commission Directive 2002/4/ECof 30 January 2002on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/ECTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens(1), and in particular Article 7 thereof,Whereas:(1) Directive 1999/74/EC lays down specific requirements for the protection of laying hens in various systems of farming and allow the Member States to choose the most appropriate system or systems.(2) Article 7 of Directive 1999/74/EC requires that every establishment covered by the scope of that Directive shall be registered by the competent authority of the Member State and given a distinguishing number, which will be the medium for tracing eggs placed on the market for human consumption.(3) Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs(2), as last amended by Regulation (EC) No 5/2001(3), makes it compulsory to stamp eggs with a code designating the producer's distinguishing number and permitting the farming method to be identified.(4) The farming methods are defined by Commission Regulation (EEC) No 1274/91 of 15 May 1991 introducing detailed rules for implementing Regulation (EEC) No 1907/90 on certain marketing standards for eggs(4), as last amended by Regulation (EC) No 1651/2001(5), and also by Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs(6), as last amended by Commission Regulation (EC) No 2491/2001(7), as far as organic production is concerned.(5) A registration of the establishments under distinguishing numbers is a condition for tracing eggs placed on the market for human consumption.(6) The measures provided for in this Directive are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DIRECTIVE:Article 11. Member States shall:(a) establish a system for registering every production site (hereafter: establishment) covered by the scope of Directive 1999/74/EC, allocating a distinguishing number to it, in conformity with the Annex to this Directive;(b) ensure that for each such establishment at least the information set out in point 1 of the Annex is supplied to the competent authority of the Member State, by a date determined by the Member State; this date shall be such as to allow sufficient time for registration of those establishments in accordance with point (c);(c) ensure that each establishment for which the required information is supplied by the date determined pursuant to point (b) is registered and allocated a distinguishing number by 31 May 2003.2. Member States shall provide that, from 1 June 2003(a) no establishment for which the information required pursuant to paragraph 1(b) has not been supplied by the date determined there may continue to be used; and(b) no new establishment is brought into use prior to completion of registration and receipt of the distinguishing number.3. Member States shall ensure that the register of establishments established pursuant to paragraph 1 is accessible to the competent authority of the Member State for the purpose of tracing eggs put on the market for human consumption.4. Member States shall ensure that changes concerning registered data are notified to the competent authority without delay and that the register is updated immediately when such information is received.Article 2Member States shall bring into force the laws, regulations and administrative provisions to comply with this Directive by 31 March 2003. They shall forthwith communicate to the Commission the text of those provisions.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 30 January 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 203, 3.8.1999, p. 53.(2) OJ L 173, 6.7.1990, p. 5.(3) OJ L 2, 5.1.2001, p. 1.(4) OJ L 121, 16.5.1991, p. 11.(5) OJ L 220, 15.8.2001, p. 5.(6) OJ L 198, 22.7.1991, p. 1.(7) OJ L 337, 20.12.2001, p. 9.ANNEXThe definitions in Article 2 of Directive 1999/74/EC shall apply where necessary.1. DATA REQUIRED FOR REGISTRATIONFor each establishment at least the following data shall be registered:- establishment:- name of the establishment,- address,- natural person responsible for the laying hens (hereafter "keeper"):- name,- address,- registration number(s) of other establishment(s) covered by the scope of Directive 1999/74/EC run or owned by the keeper,- owner of the establishment, if different from the keeper:- name,- address,- registration number(s) of other establishment(s) covered by the scope of Directive 1999/74/EC owned or run by the owner,- further information on the establishment:- farming method(s) according to the definitions referred to under point 2.1,- maximum capacity of the establishment in number of birds present at one time; if different farming methods are used additionally the maximum number of birds present at one time per farming method.2. DISTINGUISHING NUMBERThe distinguishing number shall be composed of a digit indicating the farming method determined in accordance with point 2.1 followed by the code of the Member State according to point 2.2 and an identification number defined by the Member State in which the establishment is located.2.1. Code for the farming methodThe farming methods as defined in Regulation (EEC) No 1274/91 as amended used in the establishment shall be indicated by the following code:>TABLE>The farming method used in establishments producing under the conditions specified in Regulation (EEC) No 2092/91 shall be indicated by:>TABLE>2.2. Code for the Member State of registration>TABLE>2.3. Identification of the establishmentEach Member State shall implement a system to attribute a unique number to each establishment to be registered, which may also be used for purposes other than for this Directive, provided that the identification of the establishment is ensured.Member States can add further characters to the identification number, as for the identification of single flocks kept in separated buildings of an establishment.


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31985L0511

Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot- and-mouth disease

Official Journal L 315 , 26/11/1985 P. 0011 - 0018 Finnish special edition: Chapter 3 Volume 19 P. 0209  Spanish special edition: Chapter 03 Volume 39 P. 0033  Swedish special edition: Chapter 3 Volume 19 P. 0209  Portuguese special edition Chapter 03 Volume 39 P. 0033

*****COUNCIL  DIRECTIVE  of 18 November 1985  introducing Community measures for the control of foot-and-mouth disease  (85/511/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 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 one of the Community's tasks in the veterinary field is to improve the state of health of livestock, thereby increasing the profitability of stockfarming;  Whereas an outbreak of foot-and-mouth disease can quickly take on epizootic proportions, causing mortality and disturbances on a scale liable to reduce sharply the profitability of farming of pigs and ruminants as a whole;  Whereas action must be taken as soon as the presence of the disease is suspected so that immediate and effective control measures can be implemented as soon as its presence is confirmed; whereas such measures must be modulated by the competent authorities to take account of whether or not a country carries out a prophylactic vaccination programme on all or part of its territory; whereas, under certain conditions, the Member States which practise such a policy may authorize animals having sufficent immunization protection against the foot-and-mouth virus to be exempted from slaughter;  Whereas it is necessary to prevent any spread of the disease as soon as an outbreak occurs, by carefully monitoring movements of animals and the use of products liable to be contaminated, and, where appropriate, by vaccination;  Whereas diagnosis of the disease and identification of the relevant virus must be carried out under the auspices of responsible laboratories the coordination of which must be ensured by a reference laboratory appointed by the Community;  Whereas the vaccine used for emergency vaccination must be verified both for efficacy and safety, with coordination being carried out by a specialized institute appointed by the Community; whereas, furthermore, special coordinated measures must be implemented where virus types or variants are detected against which the vaccines usually used in the Community do not provide sufficient protection; whereas it proves necessary, to this end, to make provision for the Member States which vaccinate to draw up multiannual vaccination plans which will be examined and, where appropriate, be the subject of Community coordination;  Whereas provision must be made for a procedure for close cooperation between the Member States and the Commission;  Whereas the arrangements introduced by this Directive are of an experimental nature and whereas they will have to be reviewed in keeping with developments in the situation,  HAS ADOPTED THIS DIRECTIVE:  Article 1  This Directive defines the minimum Community control measures to be applied in the event of outbreaks of foot-and-mouth disease, whatever the type of virus concerned, without prejudice to the Community provisions governing intra-Community trade.  This Directive does not affect Member States' prophylactic vaccination policies.  Article 2  For the purposes of this Directive, the definitions given in Article 2 of Directive 64/432/EEC (1) shall apply as appropriate.  The following definitions shall also apply:  (a) 'animal of a susceptible species' means any domestic or wild ruminant or swine present on a holding;  (b) 'receptive animal' means any animal of a susceptible species which is not vaccinated, or which is vaccinated but whose immunization cover is considered to be inadequate by the competent authority;  (c) 'infected animal' means any animal of a susceptible species:  - in which clinical symptoms or post-mortem lesions which may arise from foot-and-mouth disease have been ascertained,  or  - in which the presence of foot-and-mouth disease has been officially ascertained following a laboratory examination;  (d) 'animal suspected of being infected' means any animal of a susceptible species showing clinical symptoms or post-mortem lesions which are such that the presence of foot-and-mouth disease may reeasonably be suspected;  (e) 'animal suspected of being contaminated' means any animal of a suspectible species which may - according to the epizootiological information collected - have been directly or indirectly exposed to the foot-and-mouth virus.  Article 3  Member States shall ensure that the presence, or suspected presence, of foot-and-mouth disease is compulsorily and immediately notifiable to the competent authority, in accordance with Directive 82/894/EEC (2).  Article 4  1. Member States shall ensure that, where a holding contains one or more animals suspected of being infected or of being contaminated with foot-and-mouth disease, official means of investigation to confirm or rule out the presence of the disease are set in motion immediately and, in particular, that the official veterinarian takes the necessary samples, or has them taken, for laboratory examination.  As soon as the suspected infection is notified, the competent authority shall have the holding placed under official surveillance and shall in particular order that:  - a census be made of all categories of animals of susceptible species and that, in respect of each of these categories, the number of animals already dead, infected or liable to be infected or contaminated be recorded; the census must be kept up to date to take account of animals born or dying during the period of suspicion; the information in the census must be produced on request and may be checked at each visit;  - all animals of susceptible species on the holding be kept in their living quarters or some other place where they can be isolated;  - no animals of susceptible species enter or leave the holding;  - no animals of other species enter or leave the holding without the authorization of the competent authority;  - all movement from the holding of meat or carcases of animals of susceptible species or of animal feed, utensils, objects or other substance, such as wool or waste or rejected matter, liable to transmit foot-and-mouth disease be prohibited, unless authorized by the competent authority;  - the movement of milk from the holding be prohibited; in the event of difficulties in storing the milk on the holding, the competent authority may authorize the milk to be moved from the holding under veterinary supervision to a treatment establishment in order that it may be given heat treatment ensuring the destruction of the foot-and-mouth virus;  - the movement of persons to or from the holding be made subject to authorization by the competent authority;  - the entry or exit of vehicles to or from the holding be made subject to authorization by the competent authority which shall lay down the conditions necessary in order to avoid propagation of the foot-and-mouth virus;  - appropriate means of disinfection be used at the entrances and exits of buildings housing animals of susceptible species and of the holding itself;  - an epizootiological inquiry be carried out in accordance with Articles 7 and 8.  2. The competent authority may extend the measures provided for in paragraph 1 to adjoining holdings should their location, their configuration, or contacts with animals from the holding where the disease is suspected give reason to suspect possible contamination.  3. The measures referred to in paragraphs 1 and 2 shall not be withdrawn until the suspicion of foot-and-mouth disease has been officially ruled out.  Article 5  As soon as it has been confirmed that one or more of the animals defined in Article 2 (c) are on a holding, the competent authority shall introduce the following measures:  1) the official veterinarian takes adequate samples or has them taken for examination by the laboratory referred to in Annex I, where these samples and examinations have not been taken or carried out during the period of suspicion in accordance with the first subparagraph of Article 4 (1);  2) in addition to the measures listed in Article 4 (1), the following measures are taken without delay:  (a) in Member States or regions where vaccination is prohibited:  - all animals of susceptible species on the holding shall be slaughtered on the spot under official supervision in such a way as to avoid all risk of spreading the foot-and-mouth virus;  - after being slaughtered, the aforementioned animals shall be destroyed under official supervision in such a way that there is no risk of spreading the foot-and-mouth virus;  - meat of animals of susceptible species coming from the holding and slaughtered during the period between the probable introduction of the disease to the holding and the implementation of official measures shall, wherever possible, be traced and destroyed under official supervision in such a way as to avoid any risk of spreading the foot-and-mouth virus;  - the carcases of animals of susceptible species which have died on the holding shall be destroyed under official supervision in such a way as to avoid any risk of spreading the foot-and-mouth virus;  - any substance referred to in Article 4 (1), seond subparagraph, fifth indent shall be destroyed or treated in such a way as to ensure the destruction of any foot-and-mouth virus present; all treatment must be carried out in accordance with the instructions of the official veterinarian;  - milk and milk products shall be destroyed in such a way as to avoid any risk of spreading the foot-and-mouth virus;  - after elimination of the animals of susceptible species and of the substances referred to in Article 4 (1), second subparagraph, fifth indent, the buildings used for housing, their surroundings and the vehicles used for their transport and all equipment likely to be contaminated shall be cleaned and disinfected in accordance with Article 10;  - no animals of susceptible species shall be reintroduced to the holding until at least 21 days after completion of the cleaning and disinfection operations carried out in accordance with Article 10;  - an epizootiological inquiry shall be carried out in accordance with Articles 7 and 8;  (b) in the Member States or regions where a vaccination policy is organized in compliance with the provisions of Article 14:  (i) - all animals of susceptible species on the holding shall be slaughtered and destroyed under official supervision. When the animals are slaughtered and destroyed, Member States shall take the measures necessary to avoid any risk of the foot-and-mouth virus persisting and being spread and any harmful consequence for the environment; in particular when slaughtering is not carried out on the spot, the animals shall be transported in specially equipped vehicles to avoid any risk of spreading the foot-and-mouth virus;  - when the type, sub-type or variant of the foot-and-mouth virus has been identified or when the epidemiological information and data make it possible to ascertain that the vaccines used provide immunization cover valid for the type of virus in question, Member States may:  - restrict the slaughtering and destruction to receptive animals;  - authorize meat and milk from animals not infected or not suspected of being infected to be given appropriate heat treatment under veterinary supervision;  (ii) the measures provided for in (i) shall be accompanied by vaccination or re-vaccination of the remaining animals in accordance with Article 13 (1);  (iii) the measures provided for under the third, fourth and fifth indents of (a) shall apply by analogy as well as, except in the case of the heat treatment referred to in (i), the measures provided for in the sixth indent of (a).  3) the provisions of paragraph 1 shall not apply in the case of appearance of a secondary source which is linked epidemiologically with a primary source for which samples have already been taken;  4. the competent authority may extend the measures provided for in paragraph 1 to adjoining holdings should their location, their configuration, or contacts with animals from the holding where the disease has been recorded give reason to suspect possible contamination. Article 6  1. In the case of holdings which consist of two or more separate production units, the competent authority may derogate from the requirements of Article 5 (2) (a), first and second indents and (2) (b) (i) as regards healthy production units of a holding which is infected, provided that the official veterinarian has confirmed that the structure and size of these units and the operations carried out there are such that they are completely separate as regards housing, keeping and feeding, so that the virus cannot spread from one to another.  The same measures and the possibility of derogating from the requirements of the sixth indent of Article 5 (2) (a) may be extended to holdings producing milk, provided that, in addition, milking in each unit is carried out quite separately.  2. Where recourse is had to paragraph 1, the Member States shall lay down detailed rules for applying it in the light of the health guarantees offered. They shall notify the Commission thereof.  3. It may be decided, in accordance with the procedure laid down in Article 16, that the measures laid down in paragraph 2 shall be amended in order to ensure the coordination thereof with those adopted by the Member States.  Article 7  The epizootiological inquiry shall deal with:  - the length of time during which the foot-and-mouth disease may have existed on the holding before being notified or suspected;  - the possible origin of the foot-and-mouth disease on the holding and the identification of other holdings on which there are anmals of susceptible species which may have become infected or contaminated from the same source;  - the movement of persons, vehicles and substances referred to in Article 4 (1), second subparagraph, fifth indent, likely to have carried the foot-and-mouth virus to or from the holdings in question.  Article 8  1. (a) Where the official veterinarian finds, or considers on the basis of confirmed data, that foot-and-mouth disease could have been introduced from other holdings on to the holding referred to in Article 4, or from the latter holding on to other holdings as a result of the movement of persons, animals or vehicles or in any other way, those other holdings shall be placed under official surveillance in accordance with Article 4 and this surveillance shall not be lifted until the suspected presence of foot-and-mouth disease on the holding referred to in Article 4 has been officially ruled out;  (b) where the official veterinarian finds, or considers on the basis of confirmed data, that foot-and-mouth disease could have been introduced on to the holding referred to in Article 5 from other holdings as a result of the movement of persons, animals or vehicles or in any other way, those other holdings shall be placed under official surveillance in accordance with Article 4;  (c) where the official veterinarian finds, or considers on the basis of confirmed data, that foot-and-mouth disease could have been introduced from the holding referred to in Article 5 on to other holdings as a result of the movement of persons, animals or vehicles or in any other way, those other holdings shall become subject to the provisions of Article 4.  2. When a holding holding has been subject to the provisions of paragraph 1, the competent authority shall prohibit removal of animals from the holding other than for transport directly to a slaughterhouse under official supervision for the purpose of emergency slaughter during a 15-day period in the case of holdings referred to in 1 (a) and (b) and a 21-day period in the case of holdings referred to in 1 (c) respectively. Prior to granting such authorization, the official veterinarian must have carried out an examination of the herd and confirmed that none of the animals is suspected of being infected.  3. Where it considers that conditions permit, the competent authority may limit the measures provided for in paragraph 1 (a) and (b) to a part of the holding and the animals contained therein, provided that the animals there have been housed, kept and fed completely separately.  Article 9  1. Member States shall ensure that, once the diagnosis of foot-and-mouth disease has been officially confirmed, the competent authority establishes, around the infected holding, a protection zone based on a minimum radius of 3 km and a surveillance zone based on a minimum radius of 10 km. The establishment of zones must take account of natural boundaries and supervision facilities.  2. (a) The following measures shall be applied in the protection zones:  - a census of all the holdings having animals of susceptible species and the animals shall be taken; these holdings shall be visited periodically;  - the movement of animals of susceptible species on public or private roads, excluding the service roads of holdings, shall be prohibited; - animals of susceptible species may not be removed during the first 15 days from the holding on which they are kept except to be transported directly under official supervision for the purpose of emergency slaughter to a slaughterhouse located in that zone or, if that zone has no slaughterhouse under veterinary supervision, to a slaughterhouse designated by the competent authority. Such movement may be authorized by the competent authority only after examination by the official veterinarian of all the animals of susceptible species on the holding has ruled out the presence of suspected animals;  - itinerant service for breeding shall be prohibited;  - artificial insemination shall be prohibited during the first 15 days except where it is carried out by the farmer with sperm that is on the farm or with sperm delivered directly by an insemination centre;  - fairs, markets, shows or other gatherings of susceptible animals, including collection and distribution, shall be prohibited;  - without prejudice to the case provided for in the second sentence of the third indent, the transport of animals of susceptible species shall be prohibited, except for transit by major highways or mainline railways.  (b) the measures applied in the protection zone shall be maintained for at least 15 days after elimination of all the animals referred to in Article 5 from the holding and the carrying out on that holding of preliminary cleaning and disinfection operations in accordance with Article 10. However, the measures described in paragraph 3 for the surveillance zone shall remain in force in the protection zone for the period provided for in paragraph 3 (b).  3. (a) The following measures shall be applied in the surveillance zone:  - a census shall be taken of all holdings having animals of susceptible species;  - the movement of animals of susceptible species on public roads shall be prohibited except for the purpose of leading them to pasture;  - the transport of animals of susceptible species within the surveillance zone shall be subject to the authorization of the competent authority;  - the animals may not be removed from the surveillance zone during the first 15 days. Between the 15th day and the 30th day the animals may not be removed from the said zone except to be transported under official supervision directly to a slaughterhouse for the purpose of emergency slaughter. Such transport may be authorized by the competent authority only after the official veterinarian has carried out an examination of all the animals concerned and confirmed that none of the animals is suspected of being infected;  - itinerant service for breeding shall be prohibited;  - fairs, markets, shows and other gatherings of susceptible animals shall be prohibited.  b) The measures in the surveillance zone shall be kept in force for at least 30 days after the elimination of all the animals referred to in Article 5 from the holding and the carrying out on that holding of preliminary cleaning and disinfection operations in accordance with Article 10.  Article 10  Member States shall ensure that:  - the disinfectants to be used and their concentrations are officially approved by the competent authority;  - the cleaning and disinfection operations are carried out under official supervision, in accordance with the instructions given by the official veterinarian.  Article 11  1. Member States shall ensure that:  - laboratory testing to detect the presence of foot-and-mouth diesease are carried out by a national laboratory indicated in the Annex which may be amended or supplemented in accordance with the procedure laid down in Article 17. This laboratory testing should, if necessary and especially on the first appearance of the disease, show the type, sub-type or, where appropriate, the variant of the relevant virus which may be confirmed, if necessary, be a reference laboratory designated by the Community;  - one of the national laboratories indicated in Annex I is responsible for coordinating standards and methods of diagnosis in each Member State;  - the national laboratories referred to in the first indent liaise with a reference laboratory designated by the Community.  2. The Council, acting by a qualified majority on a proposal from the Commission, shall designate, before 1 January 1987, the reference laboratory referred to in paragraph 1 and shall determine its powers and the detailed rules for applying the second indent of paragraph 1. Article 12  Member States shall ensure that:  - when animals of susceptible species are moved out of the holding on which they are kept, they are identified in such a way as to enable their holding of origin, or the holding from which they have come, and their movements to be traced rapidly. However, for certain categories of animals and without prejudice to Article 13 of Council Directive 80/217/EEC of 22 January 1980 introducing Community measures for the control of classical swine fever (1), as last amended by Directive 84/645/EEC (2), the competent authority may, in certain circumstances and having regard to the health situation, authorize other ways of rapidly tracing their holding of origin, or the holding from which they have come, and their movements. The arrangements for identifying the animals or for tracing the holding of origin shall be determined by the competent authority;  - the owner or keeper of the animals is required to supply the competent authority, on request by that authority, with information concerning animals entering or leaving his holding;  - all persons engaged in the transport or marketing of animals of susceptible species are able to supply the competent authority with information concerning the movements of animals which they have transported or marketed and to furnish all the details concerning such information.  Article 13  1. When foot-and-mouth is diagnosed on a holding, the measures to control the disease may be supplemented by the vaccination of animals of susceptible species on holdings threatened with contamination in a territorial area specified by the competent authority.  2. In the case referred to in paragraph 1, Member States shall ensure that:  (a) without prejudice to the exception provided for in Article 5 (2) (b) (i), second indent, and national arrangements where such arrangements provide for the prophylactic vaccination against foot-and-mouth disease of any or all of the animals of susceptible species on part or all of the territory, the vaccination or re-vaccination of animals of susceptible species on the holdings referred to in Article 4 is prohibited;  (b) serum injection is prohibited;  (c) the type of anti-foot-and-mouth disease vaccine and its method of use comply with the general recommendations decided on in accordance with the procedure in Article 16;  (d) the vaccine used is authorized by the competent authority on the basis of the verification by national laboratories the activity of which is coordinated by the institute desginated in accordance with Article 14 (3);  (e) any vaccine imported from a third country satisfies the requirements laid down in (c) and is checked as indicated in (d).  The Council, acting by a qualified majority on a proposal from the Commission, shall adopt the procedure for coordinating standards and checking vaccines on the territory of the Community.  3. In the event of the appearance of types, sub-types or variants of foot-and-mouth virus against which the vaccines usually used provide no protection or insufficient protection, the Member State concerned shall immediately inform the Commission and the other Member States, stating what emergency measures it considers necessary for the adaptation of vaccine formulae and their use.  4. If, in the light of the national measures referred to above, the adoption of Community measures proves necessary, such measures shall be decided on by the procedure provided for in Article 16.  Article 14  1. Member States which authorize vaccination against foot-and-mouth disease shall draw up a multiannual vaccination plan, which they shall submit to the Commission and the other Member States within the Standing Veterinary Committee.  This plan must specify:  (i) - the frequency of the vaccination,  - the conditions and procedure for the production and checking of vaccines to be used in the various possible circumstances of outbreaks of foot-and-mouth disease,  - the protective 'standard' rating,  - the cross-immunity controls with variants,  - the species and categories of animals which are to be subject to the vaccination programme,  - the procedures for supervision of the distribution, conservation, storage and use of vaccines;  (ii) - the types of virus used,  - the characteristics and composition of each vaccine used.  2. The coordination of the measures adopted by Member States as part of their national anti-foot-and-mouth plans, and provided for in paragraph 1 (i), shall be decided upon according to the procedure provided for in Article 16, with a view to ensuring their effectiveness.  3. Before 1 January 1987 the Council, acting by a qualified majority on a proposal from the Commission, shall designate the laboratory referred to in Article 13 and shall determine its powers together with those of the institute responsible for vaccine and cross-immunity checks.  4. Before 1 January 1989 the Commission shall submit to the Council a report accompanied, where appropriate, by proposals on the rules relating to the production and distribution of anti-foot-and-mouth disease vaccines in the Community, together with proposals on the setting up of a Community reserve of anti-foot-and-mouth disease vaccines.  Article 15  If foot-and-mouth disease assumes alarming proportions on the territory of a Member State and, despite the measures taken, particularly in application of Article 13, the epizootic becomes extensive and develops widely outside the limits of the vaccinated zone, a Member State which does not practise prophylactic vaccination on all or part of its territory may carry out such vaccination on all or part of its territory and apply the measures laid down in Article 5 (2) (b). It shall inform the Commission and the other Member States of this action.  Article 16  1. Where the procedure laid down in this Article is to be followed, the matter shall be referred without delay to the Standing Veterinary Committee set up by Decision 68/361/EEC (1) (hereinafter referred to as 'the Committee') by the committee chairman, either on his own initiative or at the request of a Member State.  2. The votes of the Member States shall be weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be adopted. The committee shall deliver its opinion on these measures within two days. Opinions shall be delivered by a majority of 54 votes.  4. The Commission shall adopt the measures and shall implement them immediately, where they are in accordance with the opinion of the committee. Where they are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall adopt the measures by a qualified majority.  If the Council has not adopted any measures within 15 days of the date on which the matter is referred to it, the Commission shall adopt the proposed measures and shall implement them immediately unless the Council has voted against the said measures by a simple majority.  Article 17  1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the committee without delay by its chairman, either on his own initiative or at the request of a Member State.  2. Within the committee the votes of the Member States shall be weighted as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be adopted. The committee shall deliver its opinion by a date which the chairman may set in the light of the urgency of the matters submitted for examination. Opinions shall be delivered by a majority of 54 votes.  4. The Commission shall adopt the measures and shall implement them immediately, where they are in accordance with the opinion of the committee. Where they are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall adopt the measures by a qualified majority.  If the Council has not adopted any measures within three months of the date on which the matter is referred to it, the Commission shall adopt the proposed measures and shall implement them immediately unless the Council has voted against the said measures by a simple majority.  Article 18  On the basis of a report from the Commission on the experience gained in controlling foot-and-mouth disease, accompanied by proposals where appropriate, the Council shall review the situation by 1 January 1990, with a view to further harmonization.  Article 19  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1987 at the latest.  Article 20  This Directive is addressed to the Member States.  Done at Brussels, 18 November 1985.  For the Council  The President  J. FISCHBACH  (1) OJ No C 248, 22. 9. 1982, p. 3.  (2) OJ No C 242, 12. 9. 1983, p. 128.  (3) OJ No C 77, 21. 3. 1983, p. 5.  (1) OJ No 121, 29. 7. 1964, p. 1977/64.  (2) OJ No L 378, 31. 12. 1982, p. 58.  (1) OJ No L 47, 21. 2. 1980, p. 11.  (2) OJ No L 339, 27. 12. 1984, p. 33.  (1) OJ No 255, 18. 10. 1968, p. 23.  ANNEX  NATIONAL LABORATORIES DEALING WITH FOOT-AND-MOUTH DISEASE  1.2 // BELGIUM AND LUXEMBOURG:   // Institut national de recherches vétérinaires, Groeselenberg 99, 1180 Bruxelles.  // DENMARK:   // Statens veterinaere institut for Virusforskning, Lindholm.   // ITALY:   // Istituto zooprofilattico sperimentale della Lombardia e dell'Emilia Romagna, Brescia. Istituto superiore della Sanità, Roma.  // UNITED KINGDOM AND IRELAND:   // Animal Virus Research Institute, Pirbright, Woking, Surrey.   // FRANCE:  // Laboratoire national de pathologie bovine, Lyon.  // GREECE:   // Institoýto Afthódoys Pyretoý, Agía Paraskeví Attikís.   // FEDERAL REPUBLIC OF GERMANY:  // Bundesforschungsanstalt fuer Viruskrankheiten der Tiere, Tuebingen.   // NETHERLANDS:   // Centraal Diergeneeskundig Instituut, Lelystad.   // SPAIN:   // Laboratorio Central de Sanidad Animal, Madrid.   // PORTUGAL:   // Laboratório Nacional de Investigação Veterinária, Lisboa.


Important legal notice

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31982L0885

Council Directive 82/885/EEC of 10 December 1982 amending Directive 78/170/EEC on the performance of heat generators for space heating and the production of hot water in new or existing non-industrial buildings and on the insulation of heat and domestic hot-water distribution on new non-industrial buildingsf

Official Journal L 378 , 31/12/1982 P. 0019 - 0023 Spanish special edition: Chapter 12 Volume 4 P. 0088  Portuguese special edition Chapter 12 Volume 4 P. 0088  Finnish special edition: Chapter 12 Volume 2 P. 0060  Swedish special edition: Chapter 12 Volume 2 P. 0060  Special edition in Czech Chapter 12 Volume 01 P. 132  - 136 Special edition in Estonian Chapter 12 Volume 01 P. 132  - 136 Special edition in Hungarian Chapter 12 Volume 01 P. 132  - 136 Special edition in Lithuanian Chapter 12 Volume 01 P. 132  - 136 Special edition in Latvian Chapter 12 Volume 01 P. 132  - 136 Special edition in Maltese Chapter 12 Volume 01 P. 132  - 136 Special edition in Polish Chapter 12 Volume 01 P. 132  - 136 Special edition in Slovakian Chapter 12 Volume 01 P. 132  - 136 Special edition in Slovenian Chapter 12 Volume 01 P. 132  - 136

		Council Directiveof 10 December 1982amending Directive 78/170/EEC on the performance of heat generators for space heating and the production of hot water in new or existing non-industrial buildings and on the insulation of heat and domestic hot-water distribution in new non-industrial buildings(82/885/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 103 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament [1],Having regard to the opinion of the Economic and Social Committee [2],Whereas Directive 78/170/EEC [3] requires Member States to take all necessary measures to ensure that all new heat generators for space heating and/or the production of domestic hot water in new or existing non-industrial buildings comply with minimum performance requirements;Whereas the said Directive provides that compliance with these minimum performance requirements should be assured by an inspection carried out either at the stage of manufacture of the generator or at the time of installation;Whereas it further provides that, in the case of heat generators subject to inspection at the time of installation, energy losses must not exceed the levels laid down by the Member States;Whereas it nevertheless provides that those appliances for which type-testing is not practicable will be the subject of a subsequent proposal after appropriate technical studies have been carried out;Whereas, these studies having been duly completed, appropriate measures should be adopted in respect of the said heat generators;Whereas these studies show the need to provide for the possibility of an interval between the time of installation of a generator for which type-testing is not practicable and the time at which an on-site inspection is carried out;Whereas, moreover, these studies have led to the drafting of a code of practice indicating the procedures to be followed for the on-site performance testing of a liquid or gaseous fuel fired heat generator subject to inspection in connection with its installation;Whereas it is consequently necessary for inspections of the generators in question to be carried out in compliance with the said code, which constitutes a minimum common basis throughout the Community; whereas the provisions of the code do not apply to solid-fuel heat generators;Whereas it is appropriate that, in order to permit ready verification of compliance with the rules relating to an inspection carried out in connection with installation, provision be made for a data plate similar to that laid down for heat generators inspected at the stage of manufacture; whereas this plate may be replaced by the inspection report; whereas, in the event of non-compliance with the performance requirements or levels of energy loss, the inspection report will be sent to the competent administrative authority;Whereas the measures adopted to implement this Directive should incorporate the measures adopted for the approximation of the laws of the Member States in the fields concerned by this Directive and should be directed towards facilitating the work on harmonization or standardization in progress or to be undertaken in these fields at Community level or internationally;Whereas Directive 78/170/EEC should therefore be amended,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 78/170/EEC is hereby amended as follows:1. The words "economically justifiable" shall be inserted before the words "minimum performance requirements" in the first subparagraph of Article 1 (1);2. The fourth subparagraph of Article 1 (1) shall be replaced by the following:"Electric heat generators with resistances, heat pumps and connections to a remote heating network shall be excluded.";3. The last subparagraph of Article 1 (1) shall be deleted;4. The following paragraphs shall be inserted in Article 1:"3a. Heat generators subject to inspection at the time of installation which do not comply with minimum performance requirements shall be the subject of a decision by the competent administrative authority, which may even order that a generator be taken out of service; compliance with these requirements shall be certified by means of a data plate giving at least the details provided for in paragraph 3, with the exception of the last indent regarding the consumption of the generator when working to rated capacity.Indication of the maximum temperature of the heating fluid provided for in the fifth indent may be omitted if the temperature is specified in another document.The inspecting body shall be required to provide the user with an inspection report in a form laid down by the Member State; this report must state, in particular, the details which must be given on the data plate provided for in the first subparagraph; It may replace the plate.When an inspection report states that a heat generator fails to comply with the minimum performance requirements, the inspecting body shall forward a copy of the report to the competent administrative authority. In the case of any heat generator coming from another Member State the competent administrative authority of the place where the inspection is carried out shall, with the owner's consent, provide the supplier, at the latter's request, with a copy of the inspection report.3b. The inspection of heat generators at the time of installation shall be carried out in compliance with the code of practice annexed to this Directive. The provisions of the code shall constitute a minimum common basis for the inspection procedure throughout the Community. They may be supplemented, but not cancelled or contradicted, by provisions decided upon by the Member States. The provisions of the code shall not apply to solid-fuel fired heat generators or to condensing boilers.";5. Article 1 (4) shall be replaced by the following:"4. In the case of heat generators subject to inspection at the time of installation, Member States may fix, instead of minimum performance requirements, maximum levels of energy loss in accordance with point 3.1 of the code of practice.In such case, the provisions of paragraphs 3a and 3b shall apply".Article 2The Annex to this Directive shall be added to Directive 78/170/EEC.Article 3Member States shall adopt the measures relating to the testing of heat generators at the time of installation within 18 months of notification of this Directive.Article 4This Directive is addressed to the Member States.Done at Brussels, 10 December 1982.For the CouncilThe PresidentG. Fenger Møller[1] OJ No C 175, 14. 7. 1980, p. 12.[2] OJ No C 300, 18. 11. 1980, p. 6.[3] OJ No L 52, 23. 2. 1978, p. 32.--------------------------------------------------ANNEXCODE OF PRACTICE FOR TESTING THE PERFORMANCE AT THE TIME OF INSTALLATION OF A LIQUID OR GASEOUS-FUEL FIRED HEAT GENERATOR USED IN A NON-INDUSTRIAL BUILDING FOR SPACE HEATING AND/OR THE PRODUCTION OF DOMESTIC HOT WATERTEST PROCEDURE AND DETERMINATION OF LOSSES1. GENERAL1.1. In the case of a heat generator capable of using various types of fuel (liquid or gaseous), the test shall be carried out with a fuel of each type which is in conformity with the manufacturer's specifications and available at the time of the test.1.2. The exit for the flue-gases shall be provided with an aperture for the insertion of measuring probes and for smoke sampling.1.3. The accuracy of each measurement must be such as to enable the overall accuracy of results specified by the Member States to be obtained.1.4. The test will be carried out within a reasonable period of time and preferably at the nominal calorific output of the generator. Where this is impossible, the next-closest load should be used. If the generator is designed to operate at two or at several loads, a reduced load test may also be carried out at the request of the Member States. The loads used shall be assessed by a reliable method.1.5. Performance, whether determined by the direct or indirect method, shall be expressed as a percentage on the basis of the net or gross calorific value of the fuel injected into the burner at the load assessed as indicated in 1.4.2. TEST CONDITIONS2.1. Preparation of the generator2.1.1. It shall be the responsibility of the user, with the possible help of the manufacturer and/or the installer, to carry out before the test any cleaning, regulation and preparation of the generator which he considers necessary. The competent administrative authorities may make such cleaning compulsory.2.1.2. The leak tightness of the generator and of its connection with the flue shall be checked.2.2. Identification of the generator2.2.1. Prior to the test, the inspecting body (hereinafter called "the body") shall record all necessary data for identification of the generator, and at least the generator's features or specifications as stated for example on the data plate and/or in the instructions for assembly and operation given to the user with regard to manufacturer, make, year of manufacture and heat rating.2.2.2. The body shall check that the necessary conditions are fulfilled for ensuring that no disturbance occurs during the test which is likely to adversely affect its validity. To this end it shall in particular require the user to produce the certificates — or provide any other means of proof — establishing that the safety checks laid down for the boiler-room and boiler-room premises have been carried out. This condition may be deemed to have been fulfilled in Member States where heat generators cannot be installed or put into operation without prior safety checks. If no such checks are required by national law, the body is entitled to reasonable assurance of safe working conditions before it carries out the check.Should it fail to obtain satisfaction on the above points, the body may refuse to carry out the check; in that event it shall draw up an ad hoc report.2.3. Preliminary running2.3.1. Prior to the test, preliminary running may be carried out by the body in order to check and pre-set the functioning of the measuring equipment installed for checking purposes. The body shall ensure that all measurements are to the required degree of accuracy. More specifically, if the body decides to use certain measuring instruments forming part of the installation's normal equipment, it must check that these meet the desired conditions as regards standards of accuracy and reliability.2.3.2. It shall be the responsibility of the user, assisted by the manufacturer and/or the installer, with the permission of the generator's owner, to carry out any final adjustments to the generator which may be necessary and to provide any additional explanations of the various instructions so as to create optimum test conditions.2.4. The test2.4.1. Testing operations shall be the responsibility of the body alone.2.4.2. The test shall be carried out under steady-state conditions, with the fuel and combustion-air flow rates kept constant.2.4.3. During the test the body shall take the compulsory measurements provided for under 3 and, if appropriate, the optional measurements provided for under 4. It shall draw up a report as provided in 5.3. DETERMINATION OF LOSSES VIA FLUE GASES3.1. Measurement of sensible-heat lossesWhere performance is determined by the indirect method, the body shall be entitled to measure the percentage by volume by either carbon dioxide or oxygen in the flue gases.It shall then apply a formula which in addition to the temperature difference between flue gases and combustion air incorporates adequate constants. The formula and constants must have been published by the Member State under whose jurisdiction the inspecting body comes or be laid down in a standard.In the absence of official regulations or a standard, sensible-heat losses may be calculated from the characteristics of the fuel, its calorific value and the volume of excess air by using tables giving the specific heat of combustion gases such as those established by the 12th World Gas Congress (IGU/E/17/73).The above procedure shall not apply to condensing boilers.3.2. Measurement of flue-gas capacityThe body shall carry out this measurement where the generator uses a liquid fuel or a liquefied petroleum gas (LPG) injected in liquid form; measurement shall be by means of an adequate instrument; the result shall be expressed as a conventional smoke number (0 to 9).4. OTHER CHECKS (OPTIONAL)4.1. Traces of carbon monoxideThe body may be empowered to check that generator flue-gases do not contain carbon monoxide in such quantities as to cast doubts on the results of measurements made in accordance with 3.1.4.2. Losses through the heat generator casingIn those Member States where there are neither regulations nor technical rules or other provisions on the subject, the body may be authorized to assess casing losses from data provided by the manufacturer and/or from surface temperatures observed during the test.5. TEST REPORTAfter the test the body shall draw up a report in the form laid down by the Member State, giving the generator's main features, the measurements taken, the formula used to calculate losses and the heat generator's performance.--------------------------------------------------