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31964L0224

Council Directive 64/224/EEC of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of intermediaries in commerce, industry and small craft industries

Official Journal 056 , 04/04/1964 P. 0869 - 0878 Finnish special edition: Chapter 6 Volume 1 P. 0016  Danish special edition: Series I Chapter 1963-1964 P. 0118  Swedish special edition: Chapter 6 Volume 1 P. 0016  English special edition: Series I Chapter 1963-1964 P. 0126  Greek special edition: Chapter 06 Volume 1 P. 0031  Spanish special edition: Chapter 06 Volume 1 P. 0033  Portuguese special edition Chapter 06 Volume 1 P. 0033

COUNCIL DIRECTIVE of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of intermediaries in commerce, industry and small craft industries (64/224/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2) and (3) and 63 (2) and (3) thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment, 1 and in particular Title IV A thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services, 2 and in particular Title V C thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 3;  Having Regard to the Opinion of the Economic and Social Committee 4;  Whereas the General Programmes provide for the abolition, before the end of the second year of the second stage, of all discriminatory treatment based on nationality with regard to establishment and provision of services in respect of activities of intermediaries in commerce, industry and small craft industries;  Whereas certain activities of intermediaries are not covered by this Directive, either because they belong to branches of activity for which separate Directives are to be adopted or because, in accordance with the General Programmes, they are to be liberalised at a later date;  Whereas neither does this Directive apply to activities of intermediaries in respect of toxic products and pathogens, whether in wholesale trade, in industry, or in small craft industries ; whereas it has become evident that, having regard to the provisions laid down by law, regulation or administrative action in force in the Member States, special problems arise in respect of these activities with regard to the protection of public health;  Whereas the General Programme for the abolition of restrictions on freedom of establishment provides that restrictions on the right to join professional or trade organisations must be abolished where the professional activities of the person concerned necessarily involve the exercise of this right;  Whereas the position of paid employees accompanying a person providing services or acting on his behalf will be governed by the provisions laid down in pursuance of Articles 48 and 49 of the Treaty;  Whereas, however, it is appropriate to provide in this Directive for the abolition of restrictions on freedom to provide services in respect of intermediaries in the employment of one or more industrial, commercial or small craft undertakings ; whereas it is sometimes difficult to distinguish between activities of employed intermediaries and those of self-employed agents because the legal distinction between the two is not the same in all six countries ; whereas the activities of employed intermediaries fall within the same economic category as those of self-employed agents and it would be neither convenient nor useful to split up the liberalisation of this very special form of provision of services into a series of measures of partial liberalisation, effected as and when the activities of the employers are liberalised;  Whereas, moreover, separate Directives, applicable to all activities of self-employed persons, concerning provisions relating to the movement and residence of  1 OJ No 2, 15.1.1962, p. 36/62.  2 OJ No 2, 15.1.1962, p. 32/62.  3 OJ No 33, 4.3.1963, p. 468/63.  4 OJ No 56, 4.4.1964, p. 876/64.  beneficiaries, and where necessary Directives on the co-ordination of the safeguards required by Member States for companies or firms for the protection of the interests of members and of others will be adopted;  Whereas, for the purposes of applying measures concerning right of establishment and freedom to provide services, companies or firms are to be treated in the same way as natural persons who are nationals of Member States, subject only to the conditions laid down in Article 58 and, where necessary, to the condition that there should exist a real and continuous link with the economy of a Member State ; whereas therefore no company or firm may be required, in order to obtain the benefit of such measures, to fulfil any additional condition, and in particular no company or firm may be required to obtain any special authorisation not required of a domestic company or firm wishing to pursue a particular economic activity ; whereas, however, such uniformity of treatment should not prevent Member States from requiring that a company having a share capital should operate in their countries under the description by which it is known in the law of the Member State under which it is constituted, and that it should indicate the amount of its subscribed capital on the business papers which it uses in the host Member State;  Whereas, moreover, in certain Member States activities of intermediaries in commerce, industry and small craft industries are governed by rules relating to the taking up of such activities, while other Member States will, where necessary, adopt such rules ; whereas, therefore, certain transitional measures, the purpose of which is to make it easier for nationals of other Member States to take up and pursue those activities, are the subject of a separate Directive;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall abolish, in respect of the natural persons and companies or firms covered by Title I of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (hereinafter called "beneficiaries"), the restrictions referred to in Title III of those General Programmes affecting the right to take up and pursue the activities specified in Articles 2 and 3 of this Directive.   Article 2 The provisions of this Directive shall apply to:    1. the following activities of self-employed persons:      (a) professional activities of an intermediary who is empowered and instructed by one or more persons to negotiate or enter into commercial transactions in the name of and on behalf of those persons;           (b) professional activities of an intermediary who, while not being permanently so instructed, brings together persons wishing to contract directly with one another or arranges their commercial transactions or assists in the completion thereof;           (c) professional activities of an intermediary who enters into commercial transactions in his own name on behalf of others;           (d) professional activities of an intermediary who carries out wholesale selling by auction on behalf of others.                  2. provision of services, by way of professional activities, by an intermediary in the employment of one or more commercial, industrial or small craft undertakings. Both such intermediary and the undertakings employing him must reside or be established in a Member State other than that in which the services are carried out.  The activities referred to in paragraph 1 include those of intermediaries who go from door to door seeking orders.          Article 3 Restrictions in respect of the activities set out in Article 2 shall be abolished irrespective of the description applied to the persons pursuing those activities.  The customary descriptions currently used in the Member States are as follows:  >PIC FILE= "T0019380">    Article 4 1. Activities of intermediaries in the following fields shall in all Member States be exluded from the scope of this Directive:    - insurance of all kinds (in particular insurance agents, brokers and assessors);       - banks and other financial establishments (in particular foreign exchange dealers, stockbrokers mortgage brokers and the like);       - matters concerning immoveable property (in particular estate agents and brokers);       - transport undertakings (in particular shipbrokers (including courtiers interprètes and conducteurs  de navires), forwarding agents, customs agents and travel agencies);       - toxic products and pathogens;       - medicinal and pharmaceutical products;       - coal.         2. Also excluded form the scope of this Directive in the Member State concerned shall be those activities involving in that State the exercise of official authority. These are as follows:  in France : the sale by auction of goods and other articles of moveable property by officiers publics or officiers ministériels;  in Italy : the sale by auction of goods by pubblici mediatori;  in Germany, Belgium, Luxembourg and the Netherlands : participation by court bailiffs and notaries in auction sales.  in Luxembourg : the activity of a commissionaire in respect of cattle for slaughter.   Article 5 1. Member States shall in particular abolish the following restrictions:    (a) those which prevent beneficiaries from establishing themselves or providing services in the host country under the same conditions and with the same rights as nationals of that country;       (b) those existing by reason of administrative practices which result in treatment being applied to beneficiaries that is discriminatory by comparison with that applied to nationals.         2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit establishment of provision of services by beneficiaries by the following means:    (a) in Germany      - the requirement that, for the purpose of soliciting in person the custom of others in connection with their business activities, a person shall hold an itinerant trader's card (Reisegewerbekarte) (Gewerbeordnung, paragraph 55d, version of 5 February 1960 ; Verordnung of 30 November 1960);           - the requirement that the issue of such itinerant trader's card permitting the soliciting of private persons for the purpose of gaining custom be subject to a test of economic necessity (Bedürfnisprüfung) ; and the limitation on the area in which that document is valid (Gewerbeordnung, paragraph 55d, version of 5 February 1960 ; Bundesgesetzblatt I, p. 61, Corrigendum, p. 92 ; Verordnung of 30 November 1960);           - the requirement that any foreign legal person wishing to pursue professional or trade activities on Federal territory must obtain special authorisation (Gewerbeordnung, paragraph 12 and Aktiengesetz, paragraph 292);                  (b) in Belgium  - the obligation to hold a carte professionelle (Arrêté royal No 62 of 16 November 1939, Arrêté ministériel of 17 December 1945 and Arrêté ministériel of 11 March 1954);       (c) in France      - the obligation to hold a carte d'identité d'étranger commerçant (Décret-loi of 12 November 1938, Décret of 2 February 1939, Law of 8 October 1940, Law of 10 April 1954, Décret No 59-852 of 9 July 1959);           - the requirement that any person wishing to pursue the activity of Mandataire et Approvisionneur aux Halles de Paris shall be of French nationality (Décret of 30 September 1953, Décret of 2 December 1960, Article 9);                  (d) in Italy      - the obligation to hold a licence granted by the questore to agenti, rappresentanti, commessi viaggiatori and piazzisti (Article 127 of the consolidated text of the Leggi di Pubblica Sicurezza approved by Regio Decreto No 773 of 18 June 1931 and Article 243 of the Regolamento implementing the consolidated text approved by regio Decreto No 635 of 6 May 1940);           - the requirement that in order to be eligible for enrolment in the Ruolo dei mediatori a person shall be of Italian nationality (Law No 253 of 21 March 1959);                  (e) in Luxembourg  - the limited period of validity of authorisation granted to foreign nationals pursuant to Article 21 of the Luxembourg Law of 2 June 1962 (Memorial A No 31 of 19 June 1962).          Article 6 1. Member States shall ensure that beneficiaries under this Directive have the right to join professional or trade organisations under the same conditions  and with the same rights and obligations as their own nationals.  2. In the case of establishment, the right to join professional or trade organisations shall entail eligibility for election or appointment to high office in such organisations. However, such posts may be reserved for nationals where, in pursuance of any provision laid down by law or regulation, the organisation concerned is connected with the exercise of official authority.  3. In the Grand Duchy of Luxembourg, membership of the Chambre de commerce or of the Chambre des employés privés shall not give beneficiaries the right to take part in the election of the administrative organs of those Chambers.   Article 7 No Member State shall grant to any of its nationals who go to another Member State for the purpose of pursuing any activity referred to in Article 2 any aid liable to distort the conditions of establishment.   Article 8 1. Where a host Member State requires of its own nationals wishing to take up any activity referred to in Article 2 proof of good repute and proof of no previous bankruptcy, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of any extract from the "judicial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or the country whence the foreign national comes showing that these requirements have been met.  However, in the case of intermediaries who go from door to door seeking orders, facts other than those which may be given in the document referred to in the preceding paragraph may also be taken into consideration where such facts have been officially certified and clearly show that the person concerned does not satisfy all the conditions as to good repute which persons wishing to pursue that activity are required to satisfy. However, this check shall not be carried out as a matter of regular routine.  2. Where the country of origin or the country whence the foreign national comes does not issue such documentary proof of no previous bankruptcy, such proof may be replaced by a declaration on oath made by the person concerned before a judicial or administrative authority, a notary, or a competent professional or trade body, in the country of origin or in the country whence that person comes.  3. Documents issued in accordance with paragraph 1 or with paragraph 2 may not be produced more than three months after their date of issue.  4. Member States shall, within the time limit laid down in Article 10, designate the authorities and bodies competent to issue these documents and shall forthwith inform the other Member States and the Commission thereof.   Article 9 Those Member States where the taking up of the activities in question is conditional upon the taking of an oath shall ensure that the current form of the oath is such that it can also be sworn by foreign nationals. Where this is not the case, Member States shall provide for a suitable and equivalent form.   Article 10 Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 11 This Directive is addressed to the Member States.     Done at Brussels, 25 February 1964.  For the Council  The President  H. FAYAT


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31989L0451

Commission Directive 89/451/EEC of 17 July 1989 adapting to technical progress for the third time Council Directive 77/728/EEC on the approximation of the laws, Regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of paints, varnishes, printing inks, adhesives and similar products

Official Journal L 216 , 27/07/1989 P. 0075 - 0075 Finnish special edition: Chapter 13 Volume 19 P. 0058  Swedish special edition: Chapter 13 Volume 19 P. 0058

*****COMMISSION  DIRECTIVE  of 17 July 1989  adapting to technical progress for the third time Council Directive 77/728/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of paints, varnishes, printing inks, adhesives and similar products  (89/451/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/728/EEC of 7 November 1977 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of paints, varnishes, printing inks, adhesives and similar products (1), as last amended by Directive 88/379/EEC (2), and in particular Article 11 thereof,  Whereas Annex II to Directive 77/728/EEC lays down special provisions concerning the labelling of certain preparations, particularly paints and varnishes containing lead; whereas Article 2 of Directive 86/508/EEC (3) provides for a revision of the limit value for lead by 31 December 1988 at the latest and whereas, under these circumstances, the numerical value laid down in point 1 of Annex II should be revised;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of Directives relating to the removal of technical barriers to trade in dangerous substances and preparations,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 77/728/EEC is hereby amended as follows:  The numerical value 0,25 % in point 1 of Annex II shall be replaced by 0,15 %, the rest of the text remaining unchanged.  Article 2  Member States shall adopt and publish the provisions necessary to comply with the Directive before 15 April 1990. They shall forthwith inform the Commission thereof. They shall apply those provisions from 15 October 1990 at the latest.  The provisions adopted pursuant to the first subparagraph shall make express reference to this Directive.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 17 July 1989.  For the Commission  Martin BANGEMANN  Vice-President  (1) OJ No L 303, 28. 11. 1977, p. 23.  (2) OJ No L 187, 16. 7. 1988, p. 14.  (3) OJ No L 295, 18. 10. 1986, p. 31.


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32003L0026

Commission Directive 2003/26/EC of 3 April 2003 adapting to technical progress Directive 2000/30/EC of the European Parliament and of the Council as regards speed limiters and exhaust emissions of commercial vehicles (Text with EEA relevance)

Official Journal L 090 , 08/04/2003 P. 0037 - 0040

Commission Directive 2003/26/ECof 3 April 2003adapting to technical progress Directive 2000/30/EC of the European Parliament and of the Council as regards speed limiters and exhaust emissions of commercial vehicles(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community(1), and in particular Article 8 thereof,Whereas:(1) Directive 2000/30/EC concerns a legal framework for the roadside inspection of commercial vehicles, whether carrying passengers or freight. It requires Member States to supplement the annual roadworthiness test with unexpected inspections of a representative proportion of the commercial vehicle fleet on their roads each year.(2) The field of roadworthiness testing is embraced by Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers(2), as last amended by Commission Directive 2001/11/EC(3), which covers regular roadworthiness testing, and by Directive 2000/30/EC, which applies to the roadside inspections of heavy commercial vehicles for their roadworthiness. Both Directives use the same Committee and the same procedure for technical adaptations.(3) Directive 96/96/EC has been amended by the prescription of stricter emission limits for certain categories of motor vehicle and the functional testing of speed limitation devices on heavy commercial vehicles. In order to be consistent with that Directive, Directive 2000/30/EC also needs to be adapted so as to include the new technical provisions, namely by bringing on-board diagnostic (OBD) monitoring systems and speed limiters within the scope of roadside inspections. Directive 2000/30/EC also needs updating (together with Directive 96/96/EC) to incorporate revised emission testing limit values for certain categories of motor vehicles.(4) The provisions of this Directive are in accordance with the opinion of the Committee on the adaptation to Technical Progress set up pursuant to Article 8 of Directive 96/96/EC,HAS ADOPTED THIS DIRECTIVE:Article 1Annexes I and II to Directive 2000/30/EC are amended as set out in the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2004 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the texts of the provisions of national law that they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 3 April 2003.For the CommissionLoyola De PalacioVice-President(1) OJ L 203, 10.8.2000, p. 1.(2) OJ L 46, 17.2.1997, p. 1.(3) OJ L 48, 17.2.2001, p. 20.ANNEXAnnexes I and II to Directive 2000/30/EC are amended as follows:1. In point 10 of Annex I, item (k) is replaced by the following:"(k) speed limitation device (installation and function)".2. Annex II is amended as follows:- Point 2 is replaced by the following:"2. Specific conditions concerning exhaust emissions2.1. Motor vehicles equipped with positive-ignition (petrol) engines(a) Where the exhaust emissions are not controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled:1. Visual inspection of the exhaust system in order to check that it is complete and in a satisfactory condition and that there are no leaks.2. Visual inspection of any emission control equipment fitted by the manufacturer in order to check that it is complete and in a satisfactory condition and that there are no leaks.After a reasonable period of engine conditioning (taking account of manufacturers recommendations) the carbon monoxide (CO) content of the exhaust gases is measured when the engine is idling (no load).The maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer. Where this information is not available or where the Member States competent authorities decide not to use it as a reference value, the CO content must not exceed the following:(i) for vehicles registered or put into service for the first time between the date from which Member States required the vehicles to comply with directive 70/220/EEC(1) and 1 October 1986: CO - 4,5 % vol.(ii) for vehicles registered or put into service for the first time after 1 October 1986 - 3,5 % vol.(b) Where the exhaust emissions are controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled:1. Visual inspection of the exhaust system in order to check that it is complete and in a satisfactory condition and that there are no leaks.2. Visual inspection of any emission control equipment fitted by the manufacturer in order to check that it is complete and in a satisfactory condition and that there are no leaks.3. Determination of the efficiency of the vehicles emission control system by measuring the lambda value and the CO content of the exhaust gases in accordance with section 4 or with the procedures proposed by the manufacturers and approved at the time of type-approval. For each of the tests the engine is conditioned in accordance with the vehicle manufacturers recommendations.4. Exhaust pipe emissions - limit valuesThe maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer. Where this information is not available the CO content must not exceed the following:(i) Measurement at engine idling speed:The maximum permissible CO content in the exhaust gases must not exceed 0,5 % vol. and for vehicles that have been type-approved according to the limit values shown in row A or row B of the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC, as amended by Directive 98/69/EC(2) or later amendments the maximum CO content must not exceed 0,3 % vol. Where identification to Directive 70/220/EEC, as amended by Directive 98/69/EC is not possible then the above shall apply to vehicles registered or first put into service after 1 July 2002.(ii) Measurement at high idle speed (no load), engine speed to be at least 2000 min-1:CO content: maximum 0,3 % vol. and for vehicles that have been type-approved according to the limit values shown in row A or row B of the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC, as amended by Directive 98/69/EC or later amendments the maximum CO content must not exceed 0,2 % vol. Where identification to Directive 70/220/EEC, as amended by Directive 98/69/EC is not possible then the above shall apply to vehicles registered or first put into service after 1 July 2002.Lambda: 1± 0,03 or in accordance with the manufacturer's specifications.(iii) For motor vehicles equipped with On-Board Diagnostic (OBD) systems in accordance with Directive 70/220/EEC (as amended by Directive 98/69/EC and subsequent amendments) Member States may, as an alternative to the test specified in (i), establish the correct functioning of the emission system through the appropriate reading of the OBD device and simultaneous checking of the proper functioning of the OBD system.2.2. Motor vehicles equipped with compression-ignition (diesel) engines(a) Exhaust gas opacity to be measured during free acceleration (no load from idle up to cut-off speed) with gear lever in neutral and clutch engaged.(b) Vehicle preconditioning:1. Vehicles may be tested without preconditioning although for safety reasons checks should be made that the engine is warm and in a satisfactory mechanical condition.2. Except as specified in subparagraph (d)(5), no vehicle will be failed unless it has been preconditioned according to the following requirements:(i) Engine shall be fully warm, for instance the engine oil temperature measured by a probe in the oil level dipstick tube to be at least 80 °C, or normal operating temperature if lower, or the engine block temperature measured by the level of infrared radiation to be at least an equivalent temperature. If, owing to vehicle configuration, this measurement is impractical, the establishment of the engines normal operating temperature may be made by other means, for example by the operation of the engine cooling fan.(ii) Exhaust system shall be purged by at least three free acceleration cycles or by an equivalent method.(c) Test procedure:1. Visual inspection of any emission control equipment fitted by the manufacturer in order to check that it is complete and in a satisfactory condition and that there are no leaks.2. Engine and any turbocharger fitted, to be at idle before the start of each free acceleration cycle. For heavy-duty diesels, this means waiting for at least 10 seconds after the release of the throttle.3. To initiate each free acceleration cycle, the throttle pedal must be fully depressed quickly and continuously (in less than one second) but not violently, so as to obtain maximum delivery from the injection pump.4. During each free acceleration cycle, the engine shall reach cut-off speed or, for vehicles with automatic transmissions, the speed specified by the manufacturer or if this data is not available then two thirds of the cut-off speed, before the throttle is released. This could be checked, for instance, by monitoring engine speed or by allowing a sufficient time to elapse between initial throttle depression and release, which in the case of vehicles of category 1 and 2 of Annex 1, should be at least two seconds.(d) Limit values1. The level of concentration must not exceed the level recorded on the plate pursuant to Council Directive 72/306/EEC(3).2. Where this information is not available or where Member States' competent authorities decide not to use it as a reference, the level of concentration must not exceed the level stated by the manufacturer or the limit values of the coefficient of absorption that are as follows:Maximum coefficient of absorption for:- naturally aspirated diesel engines = 2,5 m-1,- turbo-charged diesel engines = 3,0 m-1,- a limit of 1,5 m-1 shall apply to the following vehicles that have been type-approved according to the limit values shown in:(a) row B of the table in section 5.3.1.4 of Annex I to Directive 70/220/EEC, as amended by Directive 98/69/EC - (Light Duty Vehicle Diesel - Euro4);(b) row B1 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by Directive 1999/96/EC - (Heavy Duty Vehicle Diesel - Euro4);(c) row B2 of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by Directive 1999/96/EC - (Heavy Duty Vehicle Diesel - Euro5);(d) row C of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by Directive 1999/96/EC - (Heavy Duty Vehicle--EEV);or limit values in later amendments of Directive 70/220/EEC as amended by Directive 98/69/EC, or limit values in later amendments of Directive 88/77/EEC as amended by Directive 1999/96/EC, or equivalent values where use is made of equipment of a type different from that used for EC type-approval.Where identification to section 5.3.1.4 of Annex I to Directive 70/220/EEC, as amended by Directive 98/69/EC or to section 6.2.1 of Annex I to Directive 88/77/EEC, as amended by Directive 1999/96/EC is not possible then the above shall apply to vehicles registered or first put into service after 1 July 2008.3. Vehicles registered or put into service for the first time before 1 January 1980 are exempted from these requirements.4. Vehicles shall only be failed if the arithmetic means of at least the last three free acceleration cycles are in excess of the limit value. This may be calculated by ignoring any measurement that departs significantly from the measured mean, or the result of any other statistical calculation that takes account of the scattering of the measurements. Member States may limit the number of test cycles.5. To avoid unnecessary testing, Member States may, by way of exception from the provisions of paragraph 2.2(d)(4), fail vehicles which have measured values significantly in excess of the limit values after less than three free acceleration cycles or after the purging cycles (or equivalent) specified in subparagraph 2.2(b)2(ii). Equally to avoid unnecessary testing, Member Sates may, by way of exception from the provisions of 2.2(d)(4) pass vehicles which have measured values significantly below the limits after less than three free acceleration cycles or after the purging cycles (or equivalent) specified in subparagraph 2.2(b)2(ii).2.3. Test equipmentVehicle emissions are tested using equipment designed to establish accurately whether the limit values prescribed or indicated by the manufacturer have been complied with."- A point 3 is added, as follows:"3. Specific conditions concerning speed limiters- where possible, check whether speed limiter is fitted as required by Council Directive 92/6/EEC(4),- check validity of speed limiter plate,- where practical, check that the seals of the speed limiter and, where appropriate, any other means of protecting the connections against fraudulent manipulation are intact,- check wherever practical that the speed limitation device prevents vehicles mentioned in Article 2 and Article 3 of Directive 92/6/EEC from exceeding the prescribed values."(1) OJ L 76, 9.3.1970, p. 1.(2) OJ L 350, 28.12.1998, p. 1.(3) OJ L 190, 20.8.1972, p. 1.(4) OJ L 57, 2.3.1992, p. 27.


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32000L0038

Commission Directive 2000/38/EC of 5 June 2000 amending Chapter Va (Pharmacovigilance) of Council Directive 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products (Text with EEA relevance)

Official Journal L 139 , 10/06/2000 P. 0028 - 0030

Commission Directive 2000/38/ECof 5 June 2000amending Chapter Va (Pharmacovigilance) of Council Directive 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Second Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products(1), as last amended by Directive 93/39/EEC(2), and in particular Article 29i thereof,Whereas:(1) In order to ensure the continued safety of medicinal products in use, it is necessary to ensure that pharmacovigilance systems in the Community are continually adapted to take account of scientific and technical progress.(2) It is necessary to take account of changes arising as a result of international harmonisation of definitions, terminology and technological developments in the field of pharmacovigilance.(3) The increasing use of the mutual recognition procedure established by Directive 75/319/EEC requires that current procedures for reporting and dissemination of suspected adverse drug reactions be amended to ensure better coordination between Member States.(4) The increasing use of electronic networks for communication of information on adverse drug reactions to medicinal products marketed in the Community is intended to allow competent authorities to share the information at the same time.(5) It is necessary to further define terms currently used within the pharmacovigilance systems.(6) It is the interst of the Community to ensure that the pharmacovigilance systems for centrally authorised medicinal products and those authorised by other procedures are consistent.(7) Holders of marketing authorisations should additionally be proactively responsible for on-going pharmacovigilance of the medicinal products they place on the market.(8) The measures provided for in this Directive are in conformity with the opinion of the Standing Committee on Medicinal Products for Human Use,HAS ADOPTED THIS DIRECTIVE:Article 1Chapter Va (Pharmacovigilance) of Directive 75/319/EEC is hereby amended as follows:1. In Article 29a, the third paragraph is hereby replaced by the following text:"This system shall also take into account any available information on misuse and abuse of medicinal products which may have an impact on the evaluation of their benefits and risks."2. Article 29b is hereby replaced by the following text:"Article 29bFor the purpose of this Directive, the following definitions shall apply:(a) adverse reaction means a response to a medicinal product which is noxious and unintended and which occurs at doses normally used in man for the prophylaxis, diagnosis or therapy of disease or for the restoration, correction or modification of physiological function;(b) serious adverse action means an adverse action which results in death, is life-threatening, requires inpatient hospitalisation or prolongation of existing hospitalisation, results in persistent or significant disability or incapacity, or is a congential anomaly/birth defect;(c) unexpected adverse reaction means an adverse reaction, the nature, severity or outcome of which is not consistent with the summary of product characteristics;(d) periodic safety update reports means the periodical reports containing the records referred to in Article 29d;(e) post-authorisation safety study means a pharmacoepidemiological study or a clinical trial carried out in accordance with the terms of the marketing authorisation, conducted with the aim of identifying or quantifying a safety hazard relating to an authorised medicinal product;(f) abuse of medicinal products means persistent or sporadic, intentional excessive use of medicinal products which is accompanied by harmful physical or psychological effects.For the interpretation of the definitions and principles outlined in this chapter, the marketing authorisation holder and the competent authorities shall refer to the guidance referred to in Article 29g."3. Article 29c is hereby amended as follows:(a) in the first paragraph the words "person responsible for placing the medicinal product on the market" are changed to "marketing authorisation holder";(b) in point (a) of the second paragraph the words "at a single" are changed to "in order to be accessible at least at one";(c) in point (b) of the second paragraph the words "relevant national or Community guidance" are changed to "guidance referred to in Article 29g";(d) to the second paragraph the following point (d) is added:"d) the provision to the competent authorities, of any other information relevant to the evaluation of the benefits and risks afforded by a medicinal product, including appropriate information on post-authorisation safety studies."4. Article 29d is hereby replaced by the following text:"Article 29d1. The marketing authorisation holder shall be required to maintain detailed records of all suspected adverse reactions occurring either in the Community or in a third country.2. The marketing authorisation holder shall be required to record and to report all suspected serious adverse reactions which are brought to his attention by a health care professional immediately to the competent authority of the Member State in whose territory the incident occurred, and in no case later than 15 calendar days following the receipt of the information.3. The marketing authorisation holder shall be required to record and report all other suspected serious adverse reactions which meet the reporting criteria in accordance with the guidance referred to in Article 29g of which he can reasonably be expected to have knowledge immediately to the competent authority of the Member State in whose territory the incident occurred, and in no case later than 15 calendar days following the receipt of the information.4. The marketing authorisation holder shall ensure that all suspected serious unexpected adverse reactions occurring in the territory of a third country and brought to his attention by a health care professional are reported immediately in accordance with the guidance referred to in Article 29g, so that they are available to the Agency and to the competent authorities of the Member States where the medicinal product is authorised, and in no case later than 15 calendar days following the receipt of the information.5. In the case of medicinal products which have been considered within the scope of Directive 87/22/EEC, or which have benefited from the procedures of mutual recognition foreseen in Articles 7 and 7a of Directive 65/65/EEC, Article 9(4) of this Directive, and medicinal products for which there has been a referral to the procedures foreseen by Articles 13 and 14 of this Directive, the marketing authorisation holder shall additionally ensure that all suspected serious adverse reactions occurring in the Community are reported in the format and at intervals to be agreed with the reference Member State, or a competent authority acting as the reference Member State, in such a way so as to be accessible to the reference Member State.6. Unless other requirements have been laid down as a condition of the granting of authorisation, or subsequently as indicated in the guidance referred to in Article 29g, records of all adverse reactions shall be submitted to the competent authorities in the form of a periodic safety update report, either immediately upon request or periodically as follows: six monthly for the first two years after authorisation, annually for the subsequent two years, and at the time of the first renewal. Thereafter the periodic safety update reports shall be submitted at five-yearly intervals together with the application for renewal of the authorisation. The periodic safety update reports shall include a scientific evaluation of the benefit and risks afforded by the medicinal products.7. Following the granting of a marketing authorisation, the marketing authorisation holder may request the amendment of the periods referred to in this article according to the procedure laid down by Commission Regulation (EC) No 541/95(3)."5. In Article 29e, second paragraph, the words "medical practitioners" are changed to "doctors and other health care professionals":6. Article 29f is hereby replaced by the following text:"Article 29f1. The Agency, in collaboration with the Member States and the Commission shall set up a data-processing network to facilitate the exchange of pharmacovigilance information regarding medicinal products marketed in the Community intended to allow all competent authorities to share the information at the same time.2. Making use of the network foreseen in the first paragraph, Member States shall ensure that reports of suspected serious adverse reactions that have taken place on their territory are immediately made available to the Agency and the other Member States, and in any case within 15 calendar days of their notification, at the latest.3. The Member States shall ensure that reports of suspected serious adverse reactions that have taken place on their territory are immediately made available to the marketing authorisation holder, and in any case within 15 calendar day of their notification, at the latest."7. Article 29g is hereby replaced by the following text:"Article 29g(a) In order to facilitate the exchange of information about pharmacovigilance within the Community, the Commission, in consultation with the Agency, Member States and interested parties, shall draw up guidance on the collection, verification and presentation of adverse reaction reports, including technical requirements for electronic exchange of pharmacovigilance information in accordance with internationally agreed formats and shall publish a reference to an internationally agreed medical terminology.(b) This guidance shall be published in Volume 9 of the Rules governing medicinal products in the European Union and shall take account of international harmonisation work carried out in the field of pharmacovigilance."8. Article 29h is hereby replaced by the following text:"Article 29hWhere, as a result of the evaluation of pharmacovigilance data, a Member State considers that a marketing authorisation shold be suspended, withdrawn or varied in accordance with the guidance referred to in Article 29g, it shall forthwith inform the Agency, the other Member States and the marketing authorisation holder.In case of urgency, the Member State concerned may suspend the marketing authorisation of a medicinal product, provided the Agency, the Commission and the other Member States are informed at the latest on the following working day."Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 5 December 2001.When the Member States adopt the provisions set out in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such references shall be adopted by the Member States. The Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.Article 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4This Directive is adressed to the Member States.Done at Brussels, 5 June 2000.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 147, 9.6.1975, p. 13.(2) OJ L 214, 24.8.1993, p. 22.(3) OJ L 55, 11.3.1995, p. 7.


title: Commission Directive 2008/77/EC of 25 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include thiamethoxam as an active substance in Annex I thereto (Text with EEA relevance)

text:
               26.7.2008

               EN

               Official Journal of the European Union

               L 198/41

      COMMISSION DIRECTIVE 2008/77/EC
   of 25 July 2008
   amending Directive 98/8/EC of the European Parliament and of the Council to include thiamethoxam as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

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

               (2)

               Pursuant to Regulation (EC) No 1451/2007, thiamethoxam has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.

               (3)

               Spain was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 27 July 2007 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 22 February 2008, in an assessment report.

               (5)

               It appears from the examinations made that biocidal products used as wood preservatives and containing thiamethoxam may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include thiamethoxam in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing thiamethoxam can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (6)

               However, unacceptable risks were identified for the in situ treatment of wood outdoors and for treated wood exposed to weathering. Therefore, authorisations for these uses should not be granted unless data have been submitted in order to demonstrate that the products can be used without unacceptable risks to the environment.

               (7)

               In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing thiamethoxam and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks in these compartments have been identified during the evaluation and products intended for industrial and/or professional use should be used with appropriate protective equipment if the risk identified for industrial and/or professional users cannot be reduced by other means.

               (8)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance thiamethoxam and also to facilitate the proper operation of the biocidal products market in general.

               (9)

               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 prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (10)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product type 8 containing thiamethoxam to ensure that they comply with Directive 98/8/EC.

               (11)

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

               (12)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 30 June 2009 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 July 2010.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 25 July 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2008/31/EC (OJ L 81, 20.3.2008, p. 57).

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

      ANNEX
      The following entry ‘No 14’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common name

                     IUPAC name
                     Identification numbers

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

                     Date of inclusion

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

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘14

                     thiamethoxam

                     thiamethoxam
                     EC No: 428-650-4
                     CAS No: 153719-23-4

                     980 g/kg

                     1 July 2010

                     30 June 2012

                     30 June 2020

                     8

                     Member States shall ensure that authorisations are subject to the following conditions:
                     In view of the assumptions made during the risk assessment, products authorised for industrial and/or professional use must be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial and/or professional users can be reduced to an acceptable level by other means.
                     In view of the risks identified for the soil and aquatic compartments appropriate risk mitigation measures must be taken to protect those compartments. In particular, labels and/or safety data sheets of products authorised for industrial use shall indicate that freshly treated timber must be stored after treatment under shelter or on impermeable hard standing to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.
                     Products shall not be authorised for the in situ treatment of wood outdoors or for wood that will be exposed to weathering, unless data have been submitted to demonstrate that the product will meet the requirements of Article 5 and Annex VI, if necessary by the application of appropriate risk mitigation measures.’

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


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31982L0822

Forty-first Commission Directive 82/822/EEC of 19 November 1982 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffst

Official Journal L 347 , 07/12/1982 P. 0016 - 0019

*****FORTY-FIRST  COMMISSION DIRECTIVE  of 19 November 1982  amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs  (82/822/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by the Fortieth Commission Directive 82/474/EEC (2), and in particular Article 6 thereof,  Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge;  Whereas the classification of certain manufacturing aids should be amended on account of their effects, and their use, in some cases, should be restricted;  Whereas it has become apparent that additives in the silicates group which may be used in feedingstuffs should be specified;  Whereas the conditions of use of the antibiotic 'nosiheptide' and of the coccidiostat 'nicarbazin' should be specified;  Whereas the investigation of various additives currently listed in Annex II and therefore authorizable at national level has not yet been completed; whereas, therefore, the period of authorization of these substances should be extended for a specified period;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annexes to Directive 70/524/EEC are hereby amended as follows:  1. In Annex I:  (a) in Part E 'Emulsifiers, stabilizers, thickeners and gelling agents', against item No E 490 'Propane-1,2-diol', the word 'dogs' in the column headed 'Species of animal' and the figure '53 000' in the column headed 'Maximum content' is deleted;  (b) in Part G 'Preservatives' the following item is added:  1.2.3.4.5.6.7.8 //   //   //   //   //   //   //   //  // EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions 1.2.3.4.5.6,7.8 //  //   //   //   //   // ppm of complete feedingstuffs  // 1.2.3.4.5.6.7.8 //   //   //   //   //   //   //   //   // E 490  // Propane-1,2-diol  //   // Dogs  //   //   // 53 000 1982, p. 22.  (c) Part L 'Binders, anti-caking agents and coagulants' shall be replaced by the following:  1.2.3.4.5.6.7.8 //   //   //   //   //   //   //   //  // EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions 1.2.3.4.5.6,7.8 //  //   //   //   //   // ppm of complete feedingstuffs  // 1.2.3.4.5.6.7.8 //   //   //   //   //   //   //   //   //  // L. Binders, anti-caking agents and coagulants  //   //  //   //   //   //   // E 330  // Citric acid  //   //   //  //   //   // All feedingstuffs. Compliance with provisions of Article 10 (1) (h).  // ex E 470  // Sodium, potassium and calcium stearates  //   //   //   //   //   //   // E 550  // Lignosulphonates  //   //   //   //   //   //   // E 551a  // Silicic acid, precipitated and dried  //   // All species of animals  //   //   //   //   // E 551b  // Colloidal silica  //   //   //   //   //   //   // E 551c  // Kieselguhr (diatomaceous earth, purified)  //   //   //   //   //   // All feedingstuffs  // E 552  // Calcium silicate, synthetic  //  //   //   //   //   //   // E 553  // Sodium aluminosilicate, synthetic  //   //   //   //   //   //   // E 554  // Natural mixture (approximately 1: 1) of steatite and chlorite, free of asbestos  //   //   //   //   //   //   //   //   //   //   //  //   //   //  2. In Annex II:  (a) in Part A 'Antibiotics':  (aa) the date '30 November 1982' in the column headed 'Period of authorization' is replaced by '30 November 1983' for item No 24 'Mocimycin';  (bb) the particulars relating to item No 25 'Nosiheptide' is replaced by the following:  1.2.3.4.5.6.7.8.9 //   //   //   //   //   //   //   //   //  // EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions  // Period of authorization 1.2.3.4.5.6,7.8.9 //   //   //   //   //   // ppm of complete feedingstuffs  //   //  1.2.3.4.5.6.7.8.9 //   //  //   //   //   //   //   //   //   // 25  // Nosiheptide  // C51H43N13O12S6  // Chickens for fattening  // -  // 1  // 10  // Use prohibited at least 5 days before slaughter  // 30 November 1983  //   //   //   // Pigs  // 6 months  // 2  // 20  // Use prohibited at least 5 days before slaughter  //  //   //   //   //   //   //   //   //   //  (b) in Part B 'Coccidiostats and other medicinal substances':  (aa) the date '30 November 1982' in the column headed 'Period of authorization' is replaced by '30 November 1983' for the following items:  No 16 Meticlorpindol/methylbenzoquate (mixture of 100 parts of a) and 8;35 parts of b));  No 20 Amprolium/sulphaquinoxaline/ethopabate (mixture of 18 parts of a), 10;8 parts of b) and 0;9 parts of c));  No 21 Amprolium/sulphaquinoxaline/ethopabate/pyrimethamine (mixture of 20 parts of a), 12 parts of b), 1 part of c) and 1 part of d));  No 22 Halofuginone;  No 24 Lasalocide sodium; bb) the particulars relating to item No 6 are replaced by the following:  1.2.3.4.5.6.7.8.9 //   //   //   //   //   //   //   //   //  // EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions  // Period of authorization 1.2.3.4.5.6,7.8.9 //   //   //   //   //   // ppm of complete feedingstuffs  //   //  1.2.3.4.5.6.7.8.9 //   //  //   //   //   //   //   //   //   // 6  // Nicarbazin  // 4,4'-dinitro-carbanilide-2-hydroxy-4,6-dimethyl pyrimidine  // Chickens for fattening  // -  // 100  // 125  // Use prohibited at least 7 days before slaughter  // 30 November 1983  //   //   //   //   //   //   //   //   //  cc) against item No 19, the word 'Nifursol' is added in the column headed 'Additives' and the date '30 November 1982' in the column headed 'Period of authorization' is replaced by '30 November 1983';  (c) In Part C 'Emulsifiers, stabilizers, thickeners and gelling agents', items No 4 'Propane-1,2-diol' and No 5 'Butane-1,3-diol' are deleted;  (d) In Part D 'Preservatives',  aa) the date '30 November 1982' in the column headed 'Period of authorization' is replaced by '30 November 1984' for the following items:  No 3 Hydrochloric acid,  No 4 Sulphuric acid,  No 5 Formaldehyde;  bb) the particulars relating to item No 16 are replaced by the following:  1.2.3.4.5.6.7.8.9 //   //   //   //   //   //   //   //   //  // EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions  // Period of authorization 1.2.3.4.5.6,7.8.9 //   //   //   //   //   // ppm of complete feedingstuffs  //   //  1.2.3.4.5.6.7.8.9 //   //  //   //   //   //   //   //   //   // 16  // Sodium nitrite (E 250)  //   // Dogs, cats  // -  //   // 200  // All feedingstuffs  // 30 November 1983  //   //   //   //   //  //   //   //   //  cc) the following items are added:  1.2.3.4.5.6.7.8.9 //   //   //   //   //   //   //   //   //  // EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions  // Period of authorization 1.2.3.4.5.6,7.8.9 //   //   //   //   //   // ppm of complete feedingstuffs  //   //  1.2.3.4.5.6.7.8.9 //   //  //   //   //   //   //   //   //   // 19  // Propane-1,2-diol  //   // Cats  //   //   //   // All feedingstuffs  // 30 November 1983  // 20  // Butane-1,3-diol  //   // Dogs, cats  //   //   //   // All feedingstuffs  // 30 November 1983  //  //   //   //   //   //   //   //   //  (e) in Part D (b) 'Non-protein nitrogenous compounds', the date '30 November 1982' in the column headed 'Period of authorization' is replaced by '13 July 1984' for the following items:  No 1 Cyanuric acid,  No 2 Triuret;  (f) in Part F 'Growth promoters', the date '30 November 1982' in the column headed 'Period of authorization' is replaced by '30 November 1984' for the following items:  No 2 Carbadox,  No 3 Olaquindox; (g) In part G 'Binders, anti-caking agents and coagulants', the entries relating to items No 1 'Silica' and No 2 'Silicates, free of asbestos, with the exception of calcium silicates' are replaced by the following:  1.2.3.4.5.6.7.8.9 //   //   //   //   //   //   //   //   //  // EEC No  // Additives  // Chemical formula, description  // Species of animal  // Maximum age  // Minimum content  // Maximum content  // Other provisions  // Period of authorization 1.2.3.4.5.6,7.8.9 //   //   //   //   //   // ppm of complete feedingstuffs  //   //  1.2.3.4.5.6.7.8.9 //   //  //   //   //   //   //   //   //   // 1  // Bentonite and montmorillonite  //   //   //   //   //   //   //   // 2  // Vermiculite  //   //   //   //   //   //   //   // 3  // Kaolinite clays, free of asbestos  //   // All species of animal  //   //   //   // All feedingstuffs  // 30 November 1983  // 4  // Natural mixtures of steatite and chlorite, free from asbestos, except the mixture E 554  //   //   //   //  //   //   //   //   //   //   //   //   //   //   //   //  Article 2  Member States shall, by 31 May 1983, bring into force the laws, regulations or administrative provisions necessary to comply with Article 1 (1), and shall immediately inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 19 November 1982.  For the Commission  Poul DALSAGER  Member of the Commission  // All feedingstuffs  //   //   //   //   //   //   //   //  (1) OJ No L 270, 14. 12. 1970, p. 1. (2) OJ No L 213, 21. 7.


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31996L0070

Directive 96/70/EC of the European Parliament and of the Council of 28 October 1996 amending Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters

Official Journal L 299 , 23/11/1996 P. 0026 - 0028

DIRECTIVE 96/70/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 October 1996 amending Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral watersTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a 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 189 b of the Treaty (3);(1) Whereas Directive 80/777/EEC (4) harmonized the laws of the Member States relating to the exploitation and marketing of natural mineral waters;(2) Whereas the primary purposes of any rules on natural mineral waters should be to protect the health of consumers, to prevent consumers from being misled and to ensure fair trading;(3) Whereas it is desirable to amend Directive 80/777/EEC to take account of technical and scientific progress since 1980; whereas it is also desirable to rationalize the provisions of that Directive in line with other provisions of Community food law;(4) Whereas it is necessary to extend the period of recognition for natural mineral waters originating from third countries in order to simplify the administrative procedures;(5) Whereas it is necessary to clarify the circumstances under which the use of ozone-enriched air may be permitted in order to separate unstable elements from natural mineral waters under conditions which will ensure that the composition of the water as regards its essential constituents is not affected;(6) Whereas the inclusion of the statement of the analytical composition of a natural mineral water should be made compulsory in order to ensure that consumers are informed;(7) Whereas it is appropriate to lay down certain provisions on spring waters;(8) Whereas it is advisable, in order to ensure smooth running of the internal market for natural mineral waters, to introduce a procedure to allow for coordinated action between the Member States in urgent situations which may present a risk to public health;(9) Whereas a procedure to lay down certain detailed provisions concerning natural mineral waters, notably in respect of the limits for the levels of certain constituents of natural mineral waters, should be established; whereas provisions for the indication, on labelling, of high levels of certain constituents should also be adopted; whereas methods of analysis, including limits of detection, to check the absence of pollution of natural mineral waters, and sampling procedures and methods of analysis for checking the microbiological characteristics of natural mineral waters, should be determined;(10) Whereas any decision on natural mineral waters likely to have en effect on public health should be adopted following consultation of the Scientific Committee for Food,HAVE ADOPTED THIS DIRECTIVE:Article 1 Directive 80/777/EEC is hereby amended as follows:1. The third subparagraph of Article 1 (2) shall be replaced by the following:'The validity of the certification referred to in the second subparagraph may not exceed a period of five years. It shall not be necessary to repeat the recognition procedure referred to in the first subparagraph if the certification is renewed before the end of the said period.`2. Article 4 shall be replaced by the following:'Article 41. Natural mineral water, in its state at source, may not be the subject of any treatment other than:(a) the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, possibly preceded by oxygenation, in so far as this treatment does not alter the composition of the water as regards the essential constituents which give it its properties;(b) the separation of iron, manganese and sulphur compounds and arsenic from certain natural mineral waters by treatment with ozone-enriched air in so far as such treatment does not alter the composition of the water as regards the essential constituents which give it its properties, and provided that:- the treatment complies with the conditions for use to be laid down in accordance with the procedure laid down in Article 12 and following consultation of the Scientific Committee for Food established by Commission Decision 95/273/EC(*),- the treatment is notified to, and specifically controlled by, the competent authorities;(c) the separation of undesirable constituents other than those specified in (a) or (b), in so far as this treatment does not alter the composition of the water as regards the essential constituents which give it its properties, and provided that:- the treatment complies with the conditions for use to be laid down in accordance with the procedure laid down in Article 12 and following consultation of the Scientific Committee for Food,- the treatment is notified to, and specifically controlled by, the competent authorities;(d) the total or partial elimination of free carbon dioxide by exclusively physical methods.2. Natural mineral water, in its state at source, may not be the subject of any addition other than the introduction or the reintroduction of carbon dioxide under the conditions laid down in Annex I, section III.3. In particular, any disinfection treatment by whatever means and, subject to paragraph 2, the addition of bacteriostatic elements or any other treatment likely to change the viable colony count of the natural mineral water shall be prohibited.4. Paragraph 1 shall not constitute a bar to the utilization of natural mineral waters and spring waters in the manufacture of soft drinks.(*) OJ No L 167, 18. 7. 1995, p. 22.`3. Article 7 (2) shall be replaced by the following:'2. Labels on natural mineral waters shall also give the following mandatory information:(a) a statement of the analytical composition, giving its characteristic constituents;(b) the place where the spring is exploited and the name of the spring;(c) information on any treatments referred to in Article 4 (1) (b) and (c).2 a. In the absence of Community provisions on information on any treatments referred to in paragraph 2 (c), Member States may maintain the national provision.`4. Article 7 (3) shall be deleted.5. The following paragraphs shall be added to Article 9:'4a. The term "spring water" shall be reserved for a water which is intended for human consumption in its natural state, and bottled at source, which:- satisfies the conditions of exploitation laid down in Annex II, paragraphs 2 and 3, which shall be fully applicable to spring waters,- satisfies the microbiological requirements laid down in Article 5,- satisfies the labelling requirements of Article 7 (2) (b) and (c) and Article 8,- has not undergone any treatment other than those referred to in Article 4. Other treatments may be authorized in accordance with the procedure laid down in Article 12.In addition, spring waters shall comply with the provisions of Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption(*).4 b. In the absence of Community provisions on the treatment for spring waters referred to in the fourth indent of Article 9 (4a) Member States may maintain the national provisions on the treatments.(*) OJ No L 229, 30. 8. 1980, p. 11. Directive as last amended by the 1994 Act of Accession.`6. Article 10 (2) shall be deleted.7. The following Article shall be inserted:'Article 10a1. Where a Member State has detailed grounds for considering that a natural mineral water does not comply with the provisions laid down in this Directive, or endangers public health, albeit freely circulating in one or more Member States, that Member State may temporarily restrict or suspend trade in that product within its territory. It shall immediately inform the Commission and the other Member States thereof and give reasons for its decision.2. At the request of any Member State or the Commission, the Member State which has recognized the water shall provide all relevant information concerning recognition of the water, together with the results of the regular checks.3. The Commission shall examine as soon as possible the grounds adduced by the Member State referred to in paragraph 1 within the Standing Committee for Foodstuffs, and shall then deliver its opinion forthwith and take appropriate measures.4. If the Commission considers that amendments to this Directive are necessary in order to ensure the protection of public health, it shall initiate the procedure laid down in Article 12, with a view to adopting those amendments. The Member State which has adopted safeguard measures may, in that event, retain them until the amendments have been adopted.`8. Article 11 shall be replaced by the following:'Article 111. The following shall be adopted in accordance with the procedure laid down in Article 12:- limits for the levels of constituents of natural mineral waters,- any necessary provisions for the indication on the labelling of high levels of certain constituents,- the conditions of use of ozone-enriched air referred to in Article 4 (1) (b),- the information on the treatments referred to in Article 7 (2) (c).2. The following may be adopted in accordance with the procedure laid down in Article 12:- methods of analysis, including limits of detection, to determine the absence of pollution of natural mineral waters,- the sampling procedures and the methods of analysis necessary for checking the microbiological characteristics of natural mineral waters.`9. The following Article shall be inserted:'Article 11aAny decision likely to have an effect on public health shall be adopted by the Commission following consultation of the Scientific Committee for Food.`Article 2 Member States shall, where necessary, amend their laws, regulations or administrative provisions so as to:- permit trade in products complying with this Directive by not later than 28 October 1997,- prohibit trade in products not complying with this Directive with effect from 28 October 1998. However, trade in products placed on the market or labelled before that date and not conforming with this Directive may continue until stocks run out.They shall immediately inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.Article 3 This Directive shall enter into force on the twentieth 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 Luxembourg, 28 October 1996.For the European ParliamentThe PresidentK. HÄNSCHFor the CouncilThe PresidentI. YATES(1) OJ No C 314, 11. 11. 1994, p. 4, and OJ No C 33, 6. 2. 1996, p. 15.(2) OJ No C 110, 2. 5. 1995, p. 55.(3) Opinion of the European Parliament of 11 October 1995 (OJ No C 287, 30. 10. 1995, p. 101), common position of the Council of 22 December 1995 (OJ No C 59, 28. 2. 1996, p. 44) and Decision of the European Parliament of 22 May 1996 (OJ No C 166, 10. 6. 1996, p. 61). Council Decision of 26 July 1996.(4) OJ No L 229, 30. 8. 1980, p. 1. Directive as last amended by the 1994 Act of Accession.


title: Council Directive 77/360/EEC of 17 May 1977 adapting the conditions laid down for the grant of medium-term financial assistance to the Italian Republic

text:
 No L 132/36                          Official Journal of the European Communities                               27 . 5 . 77
                                                  COUNCIL DIRECTIVE
                                                      of 17 May 1977
               adapting the conditions laid down for the grant of medium-term financial assis
                                               tance to the Italian Republic
                                                        (77/360/ EEC)
 THE COUNCIL OF THE EUROPEAN                                      Whereas these conditions fulfil the requirements of
 COMMUNITIES,                                                     Council Decision 71 / 143 / EEC of 22 March          1971
                                                                  setting up machinery for medium-term financial assis
 Having regard to the Treaty establishing the European            tance (5), as last amended by Decision 75/785/ EEC (6),
 Economic Community, and in particular Article 108
 (2) thereof,
                                                                  HAS ADOPTED THIS DIRECTIVE :
 Having regard to Council Directive 74/637/ EEC of 17
 December 1974 granting medium-term financial assis                                       Article 1
 tance to the Italian Republic ('),
                                                                  The economic policy conditions laid down in Direc
 Having regard to Council Directive 75/784/EEC of 18              tive 74/ 637/ EEC and in Directive 75/784/ EEC shall
 December 1975 adapting the conditions laid down for              be replaced by the conditions laid down in Decision
 the grant of medium-term financial assistance to the             77/ 359 / EEC .
 Italian Republic (2), and in particular Article 2 (4)
 thereof,                                                                                Article 2
 Having regard to the recommendation submitted by                 This Directive is addressed to the Member States .
 the Commission, after consulting the Monetary
 Committee,                                                       Done at Brussels, 17 May 1977.
Whereas Decision 77/359/EEC (3) laid down for 1977
                                                                                For the Council
 and 1978 the economic policy conditions to be
 observed by the Italian Republic for the Community                                               The President
 loan granted to this Member State by Decision
 76/322/EEC (4) ;                                                                                J. SILKIN
(') OJ  No L 341 , 20. 12. 1974, p. 51 .
(2) OJ  No L 330, 24. 12. 1975, p . 48 .
(3) See page 34 of this Official Journal.                         (5) OJ No L 73, 27. 3 . 1971 , p. 15 .
(4) OJ  No L 77, 24. 3 . 1976, p. 12.                             (<-) OJ No L 330, 24. 12 . 1975, p . 50 .


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31992L0007

Council Directive 92/7/EEC of 10 February 1992 amending Directive 85/3/EEC on the weights, dimensions and certain technical characteristics of certain road vehicles

Official Journal L 057 , 02/03/1992 P. 0029 - 0032 Finnish special edition: Chapter 7 Volume 4 P. 0074  Swedish special edition: Chapter 7 Volume 4 P. 0074

COUNCIL DIRECTIVE 92/7/EEC of 10 February 1992 amending Directive 85/3/EEC on the weights, dimensions and certain technical characteristics of certain road vehiclesTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 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 decisions taken at the adoption of Council Directive 89/338/EEC (4), amending Directive 85/3/EEC, it is necessary to give an objective technical definition to the equivalence between certain non-air suspension systems and air  suspension taking into account the effect of driving axle weights on road surfaces;  Whereas further examination of the Commission proposal is necessary with regard to road-friendly suspension systems in relation to the maximum authorized weight of driving axles for motor vehicles covered by this proposal, so as to be able to reach a  conclusion within a reasonable period of time;  Whereas it will be necessary to make provision, at a later stage, for common standards for single axles and tandem axles in order to reduce damage to roads as far as possible;  Whereas appropriate test procedures should be defined in order to establish equivalence between certain non-air suspension systems and air suspension;  Whereas Directive 85/3/EEC (5), should be amended accordingly,  HAS ADOPTED THIS DIRECTIVE:   Article 1  1.  Annex I of Directive 85/3/EEC is hereby amended as follows:   (a) paragraph 2.2.4.2 shall be replaced by the following:  '2.2.4.2.  is greater than 1,8 m 36 tonnes + 2 tonnes margin when the maximum authorized weight (MAW) of the motor vehicle (18 tonnes) and the MAW of the tandem axle of the semi-trailer (20 tonnes) are respected and the driving axle is fitted with twin tyres and air suspension or suspension  recognized as being equivalent within the Community as defined in Annex III.';  (b) paragraph 2.3.2 shall be replaced by the following:  '2.3.2.  Three-axle motor vehicles - 25 tonnes,  - 26 tonnes where the driving axle is fitted with twin tyres and air suspension or suspension recognized as being equivalent within the Community as defined in Annex III, or where each driving axle is fitted with twin tyres and the maximum weight of  each axle does not exceed 9,5 tonnes.';  (c) paragraph 2.3.3 shall be replaced by the following:  '2.3.3.  Four-axle motor vehicles with two steering axles  32 tonnes where the driving axle is fitted with twin tyres and air suspension or suspension recognized as being equivalent within the Community as defined in Annex III, or where each driving axle is fitted with twin tyres and the maximum weight of each  axle does not exceed 9,5 tonnes.';  (d) paragraph 3.5.3 shall be replaced by the following:  '3.5.3.  1,3 m or greater but less than 1,8 m (1,3 9 d < 1,8 m)   - 18 tonnes,  - 19 tonnes where the driving axle is fitted with twin tyres and air suspension or suspension recognized as being equivalent within the Community as defined in Annex III, or where each driving axle is fitted with twin tyres and where the maximum weight  for each axle does not exceed 9,5 tonnes.'  2.  A new Annex shall be added, as set out in the Annex hereto, and shall become Annex III.  Article 2  1.  Member States shall, after consultation with the Commission, bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1993.  When these provisions are adopted by Member States, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for making such reference shall be adopted by Member  States.  2.  Member States shall forthwith communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 10 February 1992.  For the Council The President Jorge BRAGA DE MACEDO (1) OJ No C 292, 22. 11. 1990, p. 12, and OJ No C 313, 4. 12. 1991, p. 14.(2) OJ No C 183, 15. 7. 1991, p. 65.(3) OJ No C 159, 17. 6. 1991, p. 61.(4) OJ No L 142, 25. 5. 1989, p. 3.(5) OJ No L 2, 3. 1. 1985, p. 14. Directive as last amended by Directive 91/60/EEC (OJ No L 37, 9. 2. 1991, p.  37).   ANNEX   ANNEX III CONDITIONS RELATING TO EQUIVALENCE BETWEEN CERTAIN NON-AIR SUSPENSION SYSTEMS AND AIR SUSPENSION FOR VEHICLE DRIVING AXLE(S)  1.  DEFINITION OF SUSPENSION A suspension system is considered to be air suspended if at least 75 % of the spring effect is caused by the air spring.  2.  EQUIVALENCE TO AIR SUSPENSION A suspension recognized to be equivalent to air suspension must conform to the following:  2.1.  During free transient low frequency vertical oscillation of the sprung mass above a driving axle or bogie, the measured frequency and damping with the suspension carrying its maximum load must fall within the limits defined in paragraphs 2.2 to 2.5.  2.2.  Each axle must be fitted with hydraulic dampers. On tandem axle bogies, the dampers must be positioned to minimize the oscillaton of the bogies.  2.3.  The mean damping ratio D must be more than 20 % of critical damping for the suspension in its normal condition with hydraulic dampers in place and operating.  2.4.  The damping ratio D of the suspension with all hydraulic dampers removed or incapacitated must be not more than 50 % of D.  2.5.  The frequency of the sprung mass above the driving axle or bogie in a free transient vertical oscillation must not be higher than 2,0 Hz.  2.6.  The frequency and damping of the suspension are given in paragraph 3. The test procedures for measuring the frequency and damping are laid down in paragraph 4.  3.  DEFINITION OF FREQUENCY AND DAMPING In this definition a sprung mass M kg above a driving axle or bogie is considered. The axle or bogie has a total vertical stiffness between the road surface and the sprung mass of K Newtons/metre (N/m) and a total damping coefficient of C Newtons per  metre per second (N.s/m). The vertical displacement of the sprung mass is Z. The equation of motion for free oscillation of the sprung mass is:   M  d²Z dt² + C dZ dt + kZ = 0.   The frequency of oscillation of the sprung mass F rad/sec is:   F = w K M - C² 4M²  The damping is critical when C = Co,  where  Co = 2 w  KM  The damping ratio as a fraction of critical is C/Co.  During free transient oscillation of the sprung mass the vertical motion of the mass will follow a damped sinusoidal path (Figure 2). The frequency can be estimated by measuring the time for as many cycles of oscillation as can be observed. The damping  can be estimated by measuring the heights of successive peaks of the oscillation in the same direction. If the peak amplitudes of the first and second cycles of the oscillaton are A1 and A2, then the damping ratio D is  D = C Co = 1 2p .ln A1 A2  ln being the natural logarithm of the amplitude ratio.  4.  TEST PROCEDURE To establish by test the damping ratio D, the damping ratio with hydraulic dampers removed, and the frequency F of the suspension, the loaded vehicle should either:  (a) be driven at low speed (5km/hr ± 1 km/hr) over an 80 mm step with the profile shown in Figure 1. The transient oscillation to be analysed for frequency and damping occurs after the wheels on the driving axle have left the step; or (b) be pulled down by its chassis so that the driving axle load is 1,5 times its maximum static value. The vehicle hold down is suddenly released and the subsequent oscillation analysed; or (c) be pulled up by its chassis so that the sprung mass is lifted by 80 mm above the driving axle. The vehicle hold up is suddenly dropped and the subsequent oscillation analysed; or (d) be subjected to other procedures in so far as it has been proved by the manufacturer, to the satisfaction of the technical department, that they are equivalent.  The vehicle should be instrumented with a vertical displacement transducer between driving axle and chassis, directly above the driving axle. From the trace, the time interval between the first and second compression peaks can be measured to obtain the  frequency F and the amplitude ratio to obtain the damping. For twin drive bogies, vertical displacement transducers should be fitted between each driving axle and the chassis directly above it.


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31988L0506

Commission Directive 88/506/EEC of 13 September 1988 amending Annex II to Council Directive 66/402/EEC on the marketing of cereal seed

Official Journal L 274 , 06/10/1988 P. 0044 - 0044 Finnish special edition: Chapter 3 Volume 27 P. 0163  Swedish special edition: Chapter 3 Volume 27 P. 0163

*****COMMISSION  DIRECTIVE  of 13 September 1988  amending Annex II to Council Directive 66/402/EEC on the marketing of cereal seed  (88/506/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1), as last amended by Directive 88/380/EEC (2), and in particular Article 21a thereof,  Whereas, according to present scientific and technical knowledge, it appears that certain varieties of oat (Avena sativa) of the 'naked oat' type have a potential value as fodder;  Whereas, however, it is difficult to produce seed of these varieties with a germination capacity equal to that normally achieved by seed of other oat varieties;  Whereas, in the light of the development of scientific and technical knowledge, it is therefore appropriate to reduce, for varieties of oat of the 'naked oat' type, the minimum germination capacity of 85 % of pure seed laid down for oats in Annex II to Directive 66/402/EEC;  Whereas this reduction should apply, in the first instance, for a limited period only, so that further technical data about these varieties can be collected and assessed;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex II to Directive 66/402/EEC is hereby amended as follows:  1. In the Table in section (2) (A), in column 2 ('Minimum germination'), after the figure 85 given for certified seed, 1st and 2nd generation of (inter alia) Avena sativa, the reference '(d)' is added.  2. In section (2) (B), the following condition is added:  '(d) In the case of varieties of Avena sativa which are officially classified as of the 'naked oat' type, Member States may, until 30 June 1990, reduce the minimum germination capacity to 75 % of pure seed. In such a case, the official label shall be endorsed "minimum germination capacity 75 %".'  Article 2  Member States which make use of the possibility added by Article 1 (2) shall inform the Commission and the other Member States of the measures they take for this purpose.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 13 September 1988.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No 125, 11. 7. 1966, p. 2309/66.  (2) OJ No L 187, 16. 7. 1988, p. 31.


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31985L0505

Council Directive 85/505/EEC of 14 November 1985 amending Directive 65/269/EEC on the standardization of certain rules relating to authorizations for the carriage of goods by road between Member States

Official Journal L 309 , 21/11/1985 P. 0027 - 0027 Spanish special edition: Chapter 07 Volume 4 P. 0011  Portuguese special edition Chapter 07 Volume 4 P. 0011

*****COUNCIL DIRECTIVE  of 14 November 1985  amending Directive 65/269/EEC on the standardization of certain rules relating to authorizations for the carriage of goods by road between Member States  (85/505/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 75 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, by its Directive 65/269/EEC (1), as amended by Directive 73/169/EEC (2), the Council established a system of authorizations for the carriage of goods by road between Member States;  Whereas the application of Directive 65/269/EEC has revealed difficulties in the use of these authorizations in the case of certain coupled combinations of vehicles;  Whereas the system of issuing authorizations in respect of tractors has administrative, economic and legal advantages and should, in the light of experience, be extended to cover the use of coupled combinations of vehicles;  Whereas Community-level uniform rules for the issuing of such authorizations are needed;  Whereas Directive 65/269/EEC should therefore be amended,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following subparagraph shall be added to Article 1 of Directive 65/269/EEC:  'If the transport operation is carried out by a coupled combination of vehicles, the authorizations required shall be issued by the competent authorities of the Member State in which the tractor is registered. Such authorizations shall cover the coupled combination of vehicles, even if the trailer or semi-trailer is not registered or put into circulation in the name of the holder of the authorization or is registered or put into circulation in a different Member State.'  Article 2  Member States shall take the measures necessary to comply with this Directive by 1 January 1987. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 14 November 1985.  For the Council  The President  M. SCHLECHTER  (1) OJ No C 350, 31. 12. 1980, p. 19.  (2) OJ No C 144, 15. 6. 1981, p. 80.  (3) OJ No C 138, 9. 6. 1981, p. 54.  (4) OJ No 88, 24. 5. 1965, p. 1469/65.  (5) OJ No L 181, 4. 7. 1973, p. 20.


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31989L0588

Council Directive 89/588/EEC of 23 October 1989 amending Directive 81/645/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Greece)

Official Journal L 330 , 15/11/1989 P. 0047 - 0048

COUNCIL DIRECTIVE of 23 October 1989 amending Directive 81/645/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Greece) (89/588/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), as last amended by Regulation (EEC) No 797/85 (2), and in particular Article 2 (2) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (3),  Whereas Directive 81/645/EEC (4), as last amended by Directive 85/148/EEC (5), specifies the areas in Greece which qualify as less-favoured areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC;  Whereas the Government of the Hellenic Republic has, pursuant to Article 2 (1) of Directive 75/268/EEC, communicated to the Commission the names of new areas which are suitable for inclusion in the Community list of less-favoured farming areas and information on the characteristics of those areas; whereas, moreover, the special aid scheme operating in less-favoured areas will be extended to the new areas;  Whereas, as the communication referred to above shows,  an area is in keeping with the criteria and data set out in Directive 81/645/EEC, for determining the areas concerned within the meaning of Article 3 (4) of Directive 75/268/EEC; whereas the said area should therefore be added to the Community list of less-favoured areas within the meaning of Article 3 (4) of  Directive 75/268/EEC,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Community list of less-favoured areas of Greece which appears in the Annex to Directive 81/645/EEC is hereby supplemented by the list in the Annex to this Directive.  Article 2 This Directive is addressed to the Hellenic Republic.   Done at Luxembourg, 23 October 1989.  For the Council The President H. NALLET   (1) OJ No L 128, 19. 5. 1975, p. 1. (2) OJ No L 93, 30. 3. 1985, p. 1. (3) Opinion delivered on 13 October 1989 (not yet published in the Official Journal). (4) OJ No L 238, 24. 8. 1981, p. 1. (5) OJ No L 56, 29. 1. 1985, p. 1.   ANNEX   LESS-FAVOURED AREAS WITHIN THE MEANING OF ARTICLE 3 (4) OF DIRECTIVE 75/268/EEC   AREA 31  Prefecture of CORINTH No Commune 14 Koutalas