title: Commission Directive 2008/40/EC of 28 March 2008 amending Council Directive 91/414/EEC to include amidosulfuron and nicosulfuron as active substances (Text with EEA relevance)

text:
               29.3.2008

               EN

               Official Journal of the European Union

               L 87/5

      COMMISSION DIRECTIVE 2008/40/EC
   of 28 March 2008
   amending Council Directive 91/414/EEC to include amidosulfuron and nicosulfuron as active substances
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes amidosulfuron and nicosulfuron.

               (2)

               For those active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 1490/2002 for a range of uses proposed by the notifiers. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 10(1) of Regulation (EC) No 1490/2002. For amidosulfuron and nicosulfuron the rapporteur Member States were Austria and the United Kingdom and all relevant information was submitted on 31 May 2005 and 7 December 2005 respectively.

               (3)

               The assessment reports have been peer reviewed by the Member States and the EFSA and presented to the Commission on 22 January 2007 for amidosulfuron and nicosulfuron, in the format of the EFSA Scientific Reports (4). These reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 22 January 2008 in the format of the Commission review reports for amidosulfuron and nicosulfuron.

               (4)

               It has appeared from the various examinations made that plant protection products containing amidosulfuron and nicosulfuron may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances can be granted in accordance with the provisions of that Directive.

               (5)

               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 which will result from the inclusion.

               (6)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing amidosulfuron and nicosulfuron to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By way of derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (7)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (8)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (9)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 30 April 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 May 2009.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing amidosulfuron and nicosulfuron as active substances by 30 April 2009.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to amidosulfuron and nicosulfuron are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing amidosulfuron and nicosulfuron as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 October 2008 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning amidosulfuron and nicosulfuron respectively. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing amidosulfuron and nicosulfuron as the only active substance, where necessary, amend or withdraw the authorisation by 31 October 2012 at the latest; or

               (b)

               in the case of a product containing amidosulfuron and nicosulfuron as one of several active substances, where necessary, amend or withdraw the authorisation by 31 October 2012 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 4
   This Directive shall enter into force on 1 November 2008.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 28 March 2008.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/76/EC (OJ L 337, 21.12.2007, p. 100).

      (2)  OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

      (3)  OJ L 224, 21.8.2002, p. 23. Regulation as last amended by Regulation (EC) No 1095/2007 (OJ L 246, 21.9.2007, p. 19).

      (4)  EFSA Scientific Report (2007) 116, 1-86, Conclusion regarding the peer review of the pesticide risk assessment of the active substance amidosulfuron (finalised 14 November 2007).
   EFSA Scientific Report (2007) 120, 1-91, Conclusion regarding the peer review of the pesticide risk assessment of the active substance nicosulfuron (finalised 29 November 2007).

      (5)  OJ L 366, 15.12.1992, p. 10. Regulation as last amended by Regulation (EC) No 2266/2000 (OJ L 259, 13.10.2000, p. 27).

      ANNEX
      The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘175

                     Amidosulfuron
                     CAS No 120923-37-7
                     CIPAC No 515

                     3-(4,6-dimethoxypyrimidin-2-yl)-1-(N-methyl-N-methylsulfonyl-aminosulfonyl)urea
                     or
                     1-(4,6-dimethoxypyrimidin-2-yl)-3-mesyl(methyl) sulfamoylurea

                     ≥ 970 g/kg

                     1 January 2009

                     31 December 2018

                     PART A
                     Only uses as herbicide may be authorised.
                     PART B
                     In assessing applications to authorise plant protection products containing amidosulfuron for uses other than meadows and pasture, Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted.
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on amidosulfuron, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 22 January 2008 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to:

                                 —

                                 the protection of groundwater due to a potential for groundwater contamination by some of the degradation products when it is applied in regions with vulnerable soil and/or climatic conditions,

                                 —

                                 the protection of aquatic plants.

                           In relation to these identified risks, risk mitigation measures, such as buffer zones, should be applied where appropriate.

                     176

                     Nicosulfuron
                     CAS No 111991-09-4
                     CIPAC No 709

                     2-[(4,6-dimethoxypyrimidin-2-ylcarbamoyl)sulfamoyl]-N,N-dimethylnicotinamide
                     or
                     1-(4,6-dimethoxypyrimidin-2-yl)-3-(3-dimethylcarbamoyl-2-pyridylsulfonyl)urea

                     ≥ 930 g/kg

                     1 January 2009

                     31 December 2018

                     PART A
                     Only uses as herbicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on nicosulfuron, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 22 January 2008 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to:

                                 —

                                 the potential exposure of the aquatic environment to metabolite DUDN when nicosulfuron is applied in regions with vulnerable soil conditions,

                                 —

                                 the protection of aquatic plants and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures such as buffer zones,

                                 —

                                 the protection of non-target plants and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures such as an in-field no-spray buffer zone,

                                 —

                                 the protection of groundwater and surface water under vulnerable soil and climatic conditions.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


title: Directive 2009/80/EC of the European Parliament and of the Council of 13 July 2009 on the identification of controls, tell-tales and indicators for two or three-wheel motor vehicles (Codified version) (Text with EEA relevance)

text:
               4.8.2009

               EN

               Official Journal of the European Union

               L 202/16

      DIRECTIVE 2009/80/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 13 July 2009
   on the identification of controls, tell-tales and indicators for two or three-wheel motor vehicles
   (Codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 93/29/EEC of 14 June 1993 on the identification of controls, tell-tales and indicators for two- or three-wheel motor vehicles (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Directive 93/29/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles as replaced by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5) and lays down technical prescriptions concerning the design and construction of two or three-wheel motor vehicles as regards the identification of controls, tell-tales and indicators. These technical prescriptions concern the approximation of the laws of the Member States to allow for the EC type-approval procedure provided for in Directive 2002/24/EC to be applied in respect of each type of vehicle. Consequently the provisions laid down in Directive 2002/24/EC relating to vehicle systems, components and separate technical units apply to this Directive.

               (3)

               In order to facilitate access to the markets of non-Community countries an equivalence should exist between the requirements of this Directive and those of Regulation No 60 of the United Nations Economic Commission for Europe (6) (UNECE).

               (4)

               This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex III, Part B,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   This Directive applies to the identification of controls, tell-tales and indicators for all types of vehicles as referred to in Article 1 of Directive 2002/24/EC.
   Article 2
   The procedure for the granting of EC component type-approval in respect of the identification of controls, tell-tales and indicators for a type of two or three-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Chapters II and III of Directive 2002/24/EC.
   Article 3
   1.   In accordance with the provisions of Article 11 of Directive 2002/24/EC, equivalence between the requirements laid down in this Directive and those laid down in UNECE Regulation No 60 is hereby acknowledged.
   2.   The authorities of the Member States which grant EC component type-approval shall accept approvals granted in accordance with the requirements of the UNECE Regulation referred to in paragraph 1 as well as component type-approval marks as an alternative to the corresponding approvals granted in accordance with the requirements of this Directive.
   Article 4
   This Directive may be amended in accordance with the procedure referred to in Article 18(2) of Directive 2002/24/EC in order to:

               (a)

               take into account any amendments to the UNECE Regulation referred to in Article 3;

               (b)

               adapt Annexes I and II to technical progress.

         Article 5
   1.   Member States shall not, on grounds relating to the identification of controls, tell-tales and indicators:

               —

               refuse to grant EC type-approval for a type of two or three-wheel motor vehicle, or,

               —

               prohibit the registration, sale or entry into service of two or three-wheel motor vehicles,

         if the identification of controls, tell-tales and indicators complies with the requirements of this Directive.
   2.   Member States shall refuse to grant EC type-approval for any new type of two or three-wheel motor vehicle on grounds relating to the identification of controls, tell-tales and indicators if the requirements of this Directive are not fulfilled.
   3.   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 6
   Directive 93/29/EEC, as amended by the Directive listed in Annex III, Part A, is repealed without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex III, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex IV.
   Article 7
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2010.
   Article 8
   This Directive is addressed to the Member States.

      Done at Brussels, 13 July 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         E. ERLANDSSON

      (1)  OJ C 325, 30.12.2006, p. 28.

      (2)  Opinion of the European Parliament of 19 June 2007 (OJ C 146 E, 12.6.2008, p. 72) and Council Decision of 7 July 2009.

      (3)  OJ L 188, 29.7.1993, p. 1.

      (4)  See Annex III, Part A.

      (5)  OJ L 124, 9.5.2002, p. 1.

      (6)  E/ECE/TRANS/505 — Add. 59.

      ANNEX I

         REQUIREMENTS CONCERNING THE EC COMPONENT TYPE-APPROVAL OF TWO OR THREE-WHEEL VEHICLES IN RESPECT OF THE IDENTIFICATION OF THEIR CONTROLS, TELL-TALES AND INDICATORS

      1.   DEFINITIONS
      For the purposes of this Directive the following definitions shall apply:

                  1.1.

                  ‘control’ means any part of the vehicle or component directly actuated by the driver which causes a change in the state or operation of the vehicle or one of the parts thereof;

                  1.2.

                  ‘tell-tale’ means a signal indicating the triggering of a device, an operation or a suspect or faulty state or an absence of operation;

                  1.3.

                  ‘indicator’ means a device providing information on the proper functioning or state of a system or part of a system such as the level of a fluid;

                  1.4.

                  ‘symbol’ means an outline enabling a control, tell-tale or indicator to be identified.

            2.   REQUIREMENTS
      2.1.   Identification

      The controls, tell-tales and indicators referred to in point 2.1.5 shall be identified in accordance with the following requirements when they are fitted to a vehicle.

                  2.1.1.

                  The symbols shall stand out clearly against the background.

                  2.1.2.

                  The symbols shall be placed on the control or control tell-tale to be identified or in immediate proximity thereof. Where this is not possible the symbol and control, or tell-tale, shall be joined by a continuous dash that is as short as possible.

                  2.1.3.

                  Main-beam headlights shall be represented by parallel horizontal rays of light and dipped-beam headlamps by parallel rays of light angled downwards.

                  2.1.4.

                  When used for optical tell-tales the following colours listed below shall have the meanings indicated:
                  —   red: danger,
                  —   amber: caution,
                  —   green: safety.
                  Blue shall be reserved exclusively for the main beam headlamp tell-tales.

                  2.1.5.

                  Designation and identification of symbols

                                 Figure 1

                                 Headlamp control — Main-beam headlamp

                              Tell-tale colour: blue.

                                 Figure 2

                                 Headlamp control — Dipped-beam headlamp

                              Tell-tale colour: green.

                                 Figure 3

                                 Direction indicator

                              Note: if there are separate tell-tales for the left and right direction indicators, the two arrows may also be used separately.
                              Tell-tale colour: green.

                                 Figure 4

                                 Hazard warning device

                              Two possibilities:

                                          —

                                          identifying signal placed alongside,
                                          tell-tale colour: red
                                          or

                                          —

                                          simultaneous operation of direction indicators (both arrows in Figure 3)

                                 Figure 5

                                 Manual choke

                              Tell-tale colour: amber.

                                 Figure 6

                                 Audible warning device

                                 Figure 7

                                 Fuel level

                              Tell-tale colour: amber.

                                 Figure 8

                                 Engine coolant temperature

                              Tell-tale colour: red.

                                 Figure 9

                                 Battery charge

                              Tell-tale colour: red.

                                 Figure 10

                                 Engine oil

                              Tell-tale colour: red.

                                 Figure 11

                                 Front fog lamp (3)

                              Tell-tale colour: green.

                                 Figure 12

                                 Rear fog lamp (3)

                              Tell-tale colour: amber.

                                 Figure 13

                                 Engine ignition or cut-off control in ‘out of use’ position

                                 Figure 14

                                 Engine ignition or cut-off control in the ‘operating’ position

                                 Figure 15

                                 Lighting switch

                              Tell-tale colour: green.

                                 Figure 16

                                 Position (side) lamps

                              Note: if the control is not separate, it may be identified by the symbol shown in figure 15.
                              Tell-tale colour: green.

                                 Figure 17

                                 ‘Gear box in neutral’ indicator

                              Tell-tale colour: green.

                                 Figure 18

                                 Electric starter

                                             (1)

                                          The framed areas may be solid.

                                             (2)

                                          The dark part of this symbol may be replaced by its silhouette; the white part in this diagram shall then be entirely in a dark colour.

                                             (3)

                                          If a single control is used for the front and rear fog lamps the symbol used shall be that for ‘front fog lamp’.

         Appendix

            Structure of the model base for the symbols referred to in point 2.1.5

         The model base consists of:

                     1.

                     a base 50 mm square, this dimension being equal to nominal dimension ‘a’ in the original;

                     2.

                     a base circle 56 mm in diameter having approximately the same area as the base square (1);

                     3.

                     a second 50 mm-diameter circle is drawn within the base square (1);

                     4.

                     a second square the tips of which lie on the base circle (2) and the sides of which are parallel to those of the base square (1);

                     5. and 6.

                     two rectangles having the same area as the base square (1), their sides being at right angles to each other and each of them devised so as to divide the opposite sides of the base square into symmetrical points;

                     7.

                     a third square the sides of which pass through the points of intersection of the base square (1) and the base circle (2) and are inclined at 45°, thus providing the greatest horizontal and vertical dimensions of the model base;

                     8.

                     an irregular octagon formed by lines inclined at 30° to the sides of the square (7).

               The base model is laid upon a grid the lower side of which measures 12,5 mm and coincides with the base square (1).

      ANNEX II

         Appendix 1

            Information document in respect of the identification of controls, tell-tales and indicators for a type of two or three-wheel motor vehicle

         (to be attached to the application for EC component type-approval if this is submitted separately from the application for an EC vehicle type-approval)
         Order number (assigned by the applicant):
         The application for an EC component type-approval in respect of the identification of controls, tell-tales and indicators of a type of two or three-wheel motor vehicle shall contain the information set out under the following points in Part 1, Section A of Annex II to Directive 2002/24/EC:

                     —

                     0.1,

                     —

                     0.2,

                     —

                     0,4 to 0.6,

                     —

                     9.2.1.

         Appendix 2
         Name of administration

            EC component type-approval certificate in respect of the identification of controls, tell-tales and indicators for a type of two or three-wheel motor vehicle

         MODEL
         Report No … by technical service … Date: …
         EC component type-approval No: … Extension No: …

                     1.

                     Make of vehicle: …

                     2.

                     Type of vehicle and any versions and variants: …

                     3.

                     Manufacturer’s name and address: …

                     4.

                     Name and address of manufacturer’s representative (if any): …
                     …

                     5.

                     Date vehicle submitted for test: …

                     6.

                     EC component type-approval granted/refused (1)

                     7.

                     Place: …

                     8.

                     Date: …

                     9.

                     Signature: …

         (1)  Delete as appropriate.

      ANNEX III
      PART A

         Repealed Directive with its amendment

         (referred to in Article 6)

                  Council Directive 93/29/EEC

                  (OJ L 188, 29.7.1993, p. 1)

                  Commission Directive 2000/74/EC

                  (OJ L 300, 29.11.2000, p. 24)

            PART B

         List of time limits for transposition into national law and application

         (referred to in Article 6)

                  Directive

                  Time limit for transposition

                  Date of application

                  93/29/EEC

                  14 December 1994

                  14 June 1995 (1)

                  2000/74/EC

                  31 December 2001

                  1 January 2002 (2)

         (1)  In conformity with Article 5(1), third subparagraph of Directive 93/29/EEC:

         ‘From the date mentioned in the first subparagraph Member States may not, for reasons connected with the identification of controls, tell-tales and indicators, prohibit the initial entry into service of vehicles which conform to this Directive.’

      The said date is 14 December 1994; see first subparagraph of Article 5(1) of Directive 93/29/EEC.

         (2)  In conformity with Article 2 of Directive 2000/74/EC:

         ‘1.   With effect from 1 January 2002, Member States may not, on grounds relating to the identification of controls, tell-tales and indicators:

                     —

                     refuse to grant EC type-approval for a type of two- or three-wheel motor vehicle, or,

                     —

                     prohibit the registration, sale or entry into service of two- or three-wheel motor vehicles,

               if the identification of controls, tell-tales and indicators complies with the requirements of Directive 93/29/EEC, as amended by this Directive.
         2.   With effect from 1 July 2002, Member States shall refuse to grant EC type-approval for any new type of two- or three-wheel motor vehicle on grounds relating to the identification of controls, tell-tales and indicators if the requirements of Directive 93/29/EEC, as amended by this Directive, are not fulfilled.’.

      ANNEX IV

         CORRELATION TABLE

                  Directive 93/29/EEC

                  Directive 2000/74/EC

                  This Directive

                  Articles 1 and 2

                  Articles 1 and 2

                  Article 3, first paragraph

                  Article 3(1)

                  Article 3, second paragraph

                  Article 3(2)

                  Article 4, introductory wording

                  Article 4, introductory wording

                  Article 4, first indent

                  Article 4 point (a)

                  Article 4, second indent

                  Article 4 point (b)

                  Article 5(1)

                  —

                  Article 2(1)

                  Article 5(1)

                  Article 2(2)

                  Article 5(2)

                  Article 5(2)

                  Article 5(3)

                  —

                  Articles 6 and 7

                  Article 6

                  Article 8

                  Annexes I and II

                  Annexes I and II

                  —

                  Annex III

                  —

                  Annex IV


Avis juridique important

|

31994L0078

Commission Directive 94/78/EC of 21 December 1994 adapting to technical progress Council Directive 78/549/EEC, as regards the wheel guards of motor vehicles

Official Journal L 354 , 31/12/1994 P. 0010 - 0015 Finnish special edition: Chapter 13 Volume 27 P. 0080  Swedish special edition: Chapter 13 Volume 27 P. 0080

COMMISSION DIRECTIVE 94/78/EC of 21 December 1994 adapting to technical progress Council Directive 78/549/EEC, as regards the wheel guards of motor vehiclesTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1) as last amended by Commission Directive 93/81/EEC (2), and in  particular Article 13 (2) thereof,  Having regard to Council Directive 78/549/EEC of 12 June 1978 on the approximation of the laws of the Member States relating to the wheel guards of motor vehicles (3), and in particular Article 4 thereof,  Whereas Directive 78/549/EEC is one of the separate directives of the EEC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems,  components and separate technical units apply to this Directive;  Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC necessitate that each separate directive has attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval  certificate based on Annex VI thereto in order that type-approval may be computerized;  Whereas the number of four-wheel-drive passenger cars is increasing, whether the four-wheel-drive is engaged permanently, automatically or under the control of the driver; whereas it is necessary, in the case of such passenger cars, and in the light of  technical progress, to review certain design and operating parameters and to amend certain provisions of Directive 78/549/EEC in a manner which reflects the current and future market situation and which is consistent with proper design, construction and  safe operating practice;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress established by Directive 70/156/EEC,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 78/549/EEC is amended as follows:  1. In Article 1, the words '(as defined in Annex I to Directive 70/156/EEC)' are replaced by the words '(as defined in Annex II A to Directive 70/156/EEC)'.  2. Annexes I and II are amended in accordance with points 1, 2 and 3 of the Annex hereto.  3. Annex III set out in point 4 of the Annex hereto is added.   Article 2  1. With effect from 1 July 1995 Member States may not, on grounds relating to wheel guards:  - refuse, in respect of a type of motor vehicle, to grant EEC type-approval or to grant national type-approval, or - prohibit the registration, sale or entry into service of vehicles if the wheel guards comply with the requirements of Directive 78/549/EEC, as amended by this Directive.  2. With effect from 1 January 1996 the Member States:  - shall no longer grant EEC type-approval, and - may refuse to grant national type-approval for a type of vehicle on grounds relating to the wheel guards if the requirements of Directive 78/549/EEC, as amended by this Directive, are not fulfilled.   Article 3  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1995. They shall immediately inform the Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.   Article 4  This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.  Done at Brussels, 21 December 1994.  For the Commission Martin BANGEMANN Member of the Commission  (1) OJ No L 42, 23. 2. 1970, p. 1.(2) OJ No L 264, 23. 10. 1993, p. 49.(3) OJ No L 168, 26. 6. 1978, p. 45.    ANNEX  1. The following is inserted immediately prior to the heading 'Annex I':  'List of Annexes Annex I General requirements, special requirements, use of chains, application for EEC type-approval, granting of EEC type-approval, amendments to approvals, conformity of production Annex II Information document Annex III Type-approval certificate' 2. Annex I is amended as follows:  (a) The following heading to Annex I is inserted:  'GENERAL REQUIREMENTS, SPECIAL REQUIREMENTS, USE OF CHAINS, APPLICATION FOR EEC TYPE-APPROVAL, GRANTING OF EEC TYPE-APPROVAL, AMENDMENTS TO APPROVALS, CONFORMITY OF PRODUCTION' (b) Item 2.1 is replaced by the following:  '2.1 The wheel guards shall meet the following requirements when the vehicle is in running order (see item 2.6 of Annex II) and carrying one passenger in the front seat and the wheels are in the straight ahead position:' (c) Item 2.1.1 is replaced by the following:  '2.1.1. In the part formed by radial planes at an angle of 30 to the front and 50 to the rear of the centre of the wheels (see Figure 1), the overal width (q) of the wheel guards shall be at least sufficient to cover the total type width (b) taking into  account the extremes of tyre/wheel combination as specified by the manufacturer and as indicated in item 1.3 of the Appendix to Annex III. In the case of twin wheels, the total width over the two tyres (t) shall be taken into account.' (d) Item 3.1 is replaced by the following:  '3.1. In the case of vehicles where only two wheels are driven, the manufacturer shall certify that the vehicle is so designed that at least one type of snow chain can be used on at least one of the types of wheel and tyre approved for the drive wheels  of that type of vehicle. One chain/tyre/wheel combination that is suitable for the vehicle shall be specified by the manufacturer and indicated in item 1.2 of the Appendix to Annex III.' (e) The following new items 3.2 and 3.3 shall be added to point 3:  '3.2. In the case of vehicles where four wheels are driven, including vehicles where one drive axle may be disengaged manually or automatically, the manufacturer shall certify that the vehicle is so designed that at least one type of snow chain can be  used on at least one of the types of wheel and tyre approved for at least one drive axle, which cannot be disengaged, of that type of vehicle. One chain/tyre/wheel combination that is situable for the vehicle and the drive wheels to which these chains  may be fitted shall be specified by the manufacturer and indicated in item 1.2 of the Appendix to Annex III.  3.3. Instructions regarding the type or types of chains that may be used must accompany each vehicle falling within the series conforming to the EEC type-approval vehicle.' (f) Item 4.1 is replaced by the following:  '4.1. The application for EEC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a vehicle type with regard to wheel guards shall be submitted by the manufacturer.' (g) Item 4.2 is replaced by the following:  '4.2. A model for the information document is given in Annex II.' (h) Items 4.2.1 and 4.2.2 are deleted.  (i) The following items 5, 6 and 7 are added:  '5. GRANTING OF EEC TYPE-APPROVAL 5.1. If the relevant requirements are satisfied, EEC type-approval pursuant to Article 4 (3) of Directive 70/156/EEC shall be granted.  5.2. A model for the EEC type-approval certificate is given in Annex III.  5.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of vehicle approved. The same Member State shall not assign the same number to another type of vehicle.  6. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS 6.1. In the case of modifications of the vehicle type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.  7. CONFORMITY OF PRODUCTION 7.1. Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.' 3. Annex II is replaced by the following:  'ANNEX II Information document No . . . . . .  pursuant to Annex I of Council Directive 70/156/EEC relating to EEC type-approval of a vehicle with respect to the wheel guards, Directive 78/549/EEC, as last amended by Directive . . . . . ./. . . . . ./EEC.  The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show  sufficient detail.  If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.  0 GENERAL 0.1. Make (trade name of manufacturer):  0.2. Type and general commercial description(s):  0.3. Means of identification of type, if marked, on the vehicle (1)():  0.3.1 Location of that marking:  0.4. Category of vehicle (2)():  0.5. Name and address of manufacturer:  0.8. Address(es) of assembly plant(s):  1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE 1.1. Photographs and/or drawings of a representative vehicle.  1.3. Number of axles and wheels:  1.3.1. Number and position of axles with double wheels.  2. MASSES AND DIMENSIONS (3)() (in kg and mm) (refer to drawing where applicable) 2.4. Range of vehicle dimensions (overall) 2.4.1. For chassis without bodywork The item numbers and footnotes used in this Information document correspond to those set out in Annex I to Directive 70/156/EEC.  Items not relevant for the purpose of this Directive are omitted.  2.4.1.3 Height (unladen) (4)() (For suspension adjustable for height, indicate normal running position):  2.4.2. For chassis with bodywork 2.4.2.3. Height (unladen) (5)() (For suspension adjustable for height, indicate normal running position):  2.6. Mass of the vehicle with bodywork in running order, or mass of the chassis with cab if the manufacturer does not fit the bodywork (including coolant, oils, fuel, tools, spare wheel and driver) (6)() (maximum and minimum for each version):  6 SUSPENSION 6.6. Tyres and wheels 6.6.1. Tyre/wheel combination(s) (For tyres indicate size designation, minimum load capacity index, minimum speed category symbol; for wheels indicate rim size(s) and off-set(s)) 6.6.1.1. Axles 6.6.1.1.1. Axle 1:  6.6.1.1.2. Axle 2:  6.6.1.1.3. Axle 3:  6.6.1.1.4. Axle 4:  6.6.4. Chain/tyre/wheel combination on the front and/or rear axle that is suitable for the type of vehicle, as recommended by the manufacturer.  9. BODYWORK 9.16. Wheel guards 9.16.1. Brief description of the vehicle with regard to its wheel guards:  9.16.2. Detailed drawings of the wheel guards and their position on the vehicle showing the dimension specified in Figure 1 of Annex I to Directive 78/549/EEC and taking account of the extremes of tyre/wheel combinations.' 4. The following Annex III is added:  'ANNEX III MODEL [maximum format: A4 (210 × 297 mm)] EEC TYPE-APPROVAL CERTIFICATE Communication concerning the - type-approval (7) - extension of type-approval (8) - refusal of type-approval (9) - withdrawal of type-approval (10) of a type of a vehicle/component/separate technical unit (11) with regard to Directive . . . . . ./. . . . . ./EEC, as last amended by Directive . . . . . ./. . . . . ./EEC.  Type-approval number:  Reason for extension:  Stamp of Administration Section I 0.2. Make (trade name of manufacturer):  0.2. Type and general commercial description(s):  0.3. Means of identification of type, if marked on the vehicle/component/separate technical unit (12) (13) 0.3.1. Location of that marking:  0.4. Category of vehicle. (14) 0.5. Name and address of manufacturer.  0.7. In the case of components and separate technical units, location and method of affixing of the EEC approval mark:  0.8. Name(s) and address(es) of assembly plant(s):  Section II 1 Additional information (where applicable): see Appendix 2 Technical service responsible for carrying out the tests:  3 Date of test report:  4 Number of test report:  5 Remarks (if any): see Appendix 6 Place:  7 Date:  8 Signature:  9 The index to the information package lodged with the approval authority, which may be obtained on request, is attached.  Appendix to EEC approval certificate No. . . . . . .  concerning the type-approval of a vehicle with regard to Directive 78/549/EEC as last amended by Directive . . . . . ./. . . . . ./EEC 1. Additional information 1.1. Brief description of the vehicle with regard to the wheel guards:  1.2. Chain/tyre/wheel size combination on the front and/or rear axle specified by the manufacturer:  1.3. Tyre/wheel combination(s) including off-sets specified by the manufacturer:  5. Remarks.'  (1) Delete where not applicable.(2) Delete where not applicable.(3) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this type-approval  certificate such characters shall be represented in the documentation by the symbol: '?' (e.g. ABC??123??)(4) As defined in Annex II A to Directive 70/156/EEC.


Avis juridique important

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31995L0047

Directive 95/47/EC of the European Parliament and of the Council of 24 October 1995 on the use of standards for the transmission of television signals

Official Journal L 281 , 23/11/1995 P. 0051 - 0054

DIRECTIVE 95/47/EC OF THE  EUROPEAN PARLIAMENT AND OF THE COUNCILof 24 October 1995on the use of standards for the  transmission of television signalsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 57 (2),  66 and 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 189b of the Treaty (3), Whereas, in Council Decisions 89/337/EEC (4) and 89/630/EEC (5), the Community recognized the  strategic importance of advanced television and of High Definition Television (HDTV) services for  the European consumer electronics industry and for the European television and film industries and  established the strategy framework for the introduction of advanced television and HDTV services in  Europe; Whereas the objectives of the strategy for the introduction of HDTV in Europe are an integral part  of the Community audiovisual policy, in respect of which the importance of Council Directive  89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation  or administrative action in Member States concerning the pursuit of television broadcasting  activities (6) should be reaffirmed, and whereas they must take into account other objectives of  this policy within the perspective of the development of Europe's audiovisual capacity, which  comprise structural objectives such as the development of production in countries or regions with  more limited audiovisual capacity; Whereas Council Directive 92/38/EEC of 11 May 1992 on the adoption of standards for satellite  broadcasting of television signals (7) set a regulatory framework of standards for advanced  television broadcasting services for television programmes based on the HD-MAC standard (8) for  European satellite and cable transmission for non-fully digital HDTV and the D2-MAC (9) standard  for other not completely digital satellite and cable transmission in the wide-screen 16:9 aspect  ratio format; Whereas Council Decision 93/424/EEC of 22 July 1993 on an action plan for the introduction of  advanced television services in Europe (10) aims at promoting the wide-screen 16:9 format (625 or  1250 lines), irrespective of the European television standard used and irrespective of the  broadcasting mode (terrestrial, satellite or cable); Whereas Article 7 of Directive 92/38/EEC called on the Commission to report on the effects of the  application of that Directive, on the evolution of the market, in particular on market penetration  measured by objective criteria, and the use of the Community funding, and to make proposals to the  Council to adapt that Directive to these developments if necessary; Whereas, in order to attain the Community's goals as set out in the abovementioned Decisions and to  contribute to the proper functioning of the internal market, as provided for in Article 7a of the  Treaty, in the broadcasting of television signals, it is necessary to take steps to adopt a common  format for wide-screen transmissions; Whereas the wide-screen 16:9 aspect ratio has been adopted at world level by the International  Telecommunication Union (ITU) (11) for HDTV and it is desirable and possible to develop the market  for advanced television services and products having the same wide-screen 16:9 aspect ratio; Whereas, for the purposes of this Directive, a wide-screen television service must meet the minimum  requirements that it uses a transmission system delivering sufficient information to allow a  dedicated receiver to display a full frame picture with full vertical resolution and whereas, for  the same purposes, a television service using letterbox transmission in 4:3 frame which does not  meet the abovementioned minimum criterion should not be considered as a wide-screen television  service; Whereas television services are currently delivered to the home by terrestrial systems, by  satellite systems and by cable systems and it is essential that advanced wide-screen services  should be made available to the largest possible number of viewers; Whereas cable TV networks and their technical capabilities as defined by the Member States are an  important feature in the television infrastructure of many Member States and will be crucial to the  future of advanced television services; Whereas master antenna systems as defined by Member States are not affected by this Directive; Whereas it is essential to establish common standards for the digital transmission of television  signals whether by cable or by satellite or by terrestrial means as an enabling element for  effective free-market competition and this is best achieved by mandating a recognized European  standardization body taking account, as appropriate, of the outcome of the consensus processes  under way among market parties; Whereas such standards should be drawn up in good time, before the introduction to the market of  services linked to digital television; Whereas conditional access is an important matter for the consumers and providers of pay television  services and for the rights holders of programmes; Whereas a widely based consultation process involving the relevant economic actors in the European  market has resulted in agreements on a number of issues concerning conditional access to digital  pay-television services; Whereas the operators of conditional access services should be entitled to earn a return on their  investments and for the provision of services to broadcasters as an incentive to continue to  invest; Whereas it is necessary to make compulsory the inclusion of the common European scrambling  algorithm in appropriate consumer equipment in the Community in order to ensure that all  pay-television service providers can, in principle, provide all digital pay-television consumers in  the European Community with their programmes; Whereas it is appropriate, furthermore, to make provision for transcontrol of conditional access at  cable television network head-ends and for the licensing of conditional access technology to  manufacturers; Whereas in the European audiovisual digital environment, the scope for piracy will increase, with  negative consequences for operators and programme providers, and whereas the introduction and  enforcement of efficient anti-piracy legislation at European level will become increasingly  necessary; Whereas it is appropriate to repeal Directive 92/38/EEC and to issue a new Directive in the light  of these developments in the market and technology; Whereas technologies for advanced television services are developing rapidly and a common approach  to their development is necessary; whereas separate and multiple action by the Member States could  lead to undesirable fragmentation of the market for products and services and to duplication of  effort; whereas consequently such action could be better achieved at Community level; Whereas the Presidency's conclusions at the G7 Conference on the Information Society held in  Brussels on 25 to 26 February 1995 highlighted the need for a regulatory framework ensuring open  access networks and respect for competition rules, HAVE ADOPTED THIS DIRECTIVE: Article 1 Member States shall take appropriate measures to promote the  accelerated development of advanced television services including wide-screen television services,  high definition television services and television services using fully digital transmission  systems. Member States shall see to it that the transfer of wide-screen television services already in  operation to digital transmission networks open to the public is made easier, in particular  pursuant to Directive 92/38/EEC and Decision 93/424/EEC, in order to protect the interests of  operators and television viewers who have invested to produce or receive such services. Article 2 All television services transmitted to viewers in the Community whether by cable,  satellite or terrestrial means shall: (a) if they are in wide-screen format and 625 lines, and are not fully digital, use the 16:9 D2-MAC  transmission system, or a 16:9 transmission system which is fully compatible with PAL or SECAM. A wide-screen television service consists of programmes produced and edited to be displayed on a  wide-screen format. The 16:9 format is the reference format for wide-format television services; (b) if they are in high definition, and are not fully digital, use the HD-MAC transmission system; (c) if they are fully digital, use a transmission system which has been standardized by a  recognized European standardization body. In this context, a transmission system comprises the  following elements: formation of programme signals (source coding of audio signals, source coding  of video signals, multiplexing of signals) and adaptation for transmission media (channel coding,  modulation and, if appropriate, energy dispersal). Fully digital transmission networks open to the public for the distribution of television services  must be capable of distributing wide-format services. Article 3 Any television set with an integral viewing screen of visible diagonal greater than 42  cm which is put on the market for sale or rent in the Community shall be fitted with at least one  open interface socket (as standardized by a recognized European standardization body) permitting  simple connection of peripherals, especially additional decoders and digital receivers. Article 4 In relation to conditional access to digital television services broadcast to viewers  in the Community, irrespective of the means of transmission, the following conditions shall apply: (a) all consumer equipment, for sale or rent or otherwise made available in the Community, capable  of descrambling digital television signals, shall possess the capability: - to allow the descrambling of such signals according to the common European scrambling algorithm  as administered by a recognized European standardization body, - to display signals that have been transmitted in clear provided that, in the event that such  equipment is rented, the rentee is in compliance with the relevant rental agreement; (b) conditional access systems operated on the market in the Community shall have the necessary  technical capability for cost-effective transcontrol at cable head-ends allowing the possibility  for full control by cable television operators at local or regional level of the services using  such conditional access systems; (c) Member States shall take all the necessary measures to ensure that the operators of conditional  access services, irrespective of the means of transmission, who produce and market access services  to digital television services: - offer to all broadcasters, on a fair, reasonable and non-discriminatory basis, technical services  enabling the broadcasters' digitally-transmitted services to be received by viewers authorized by  means of decoders administered by the service operators, and comply with Community competition law,  in particular if a dominant position appears, - keep separate financial accounts regarding their activity as conditional access providers. Broadcasters shall publish a list of tariffs for the viewer which takes into account whether  associated equipment is supplied or not. A digital television service may take advantage of these provisions only if the services offered  comply with the European legislation in force; (d) when granting licences to manufacturers of consumer equipment, holders of industrial property  rights to conditional access products and systems shall ensure that this is done on fair,  reasonable and non-discriminatory terms. Taking into account technical and commercial factors,  holders of rights shall not subject the granting of licences to conditions prohibiting, deterring  or discouraging the inclusion in the same product of: - a common interface allowing connection with several other access systems, or- means specific to  another access system, provided that the licensee complies with the relevant and reasonable  conditions ensuring, as far as he is concerned, the security of transactions of conditional access  system operators. Where television sets contain an integrated digital decoder such sets must allow for the option of  fitting at least one standardized socket permitting connection of conditional access and other  elements of a digital television system of the digital decoder; (e) without prejudice to any action that the Commission or any Member State may take pursuant to  the Treaty, Member States shall ensure that any party having an unresolved dispute concerning the  application of the provisions established in this Article shall have easy, and in principle  inexpensive, access to appropriate dispute resolution procedures with the objective of resolving  such disputes in a fair, timely and transparent manner. This procedure shall not preclude action for damages from either side. If the Commission is asked  to give its opinion on the application of the Treaty, it shall do so at the earliest opportunity. Article 5 Wide-screen 16:9 television services, within the meaning of Article 2, which are  received by, and redistributed on, cable television systems shall be redistributed on such systems  at least in the wide-screen 16:9 format. Article 6 Before 1 July 1997, and every two years thereafter, the Commission shall examine the  implementation of this Directive and the development of the market for digital television services  throughout the European Union and submit a report to the European Parliament, to the Council and to  the Economic and Social Committee. This report shall cover market developments, in particular  relating to developments in digital technology and services and also to technical and commercial  market developments on conditional access to digital television services. If necessary the Commission shall make a proposal to the Council to adapt this Directive to these  developments. Article 7 Directive 92/38/EEC is hereby repealed with effect nine months after the date of the  entry into force of this Directive. Article 8 1. Member States shall bring into force the laws, regulations and administrative  provisions necessary for them to comply with this Directive within nine months of its entry into  force. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall  be accompanied by such reference on the occasion of their official publication. The methods of  making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the provisions of national law  which they adopt in the field governed by this Directive. Article 9 This Directive shall enter into force on the date of ist publication in the Official  Journal of the European Communities. Article 10 This Directive is addressed to the Member States. Done at Luxembourg, 24 October 1995. For the European ParliamentThe PresidentK. HAENSCHFor the CouncilThe PresidentL. ATIENZA  SERNA(1) OJ No C 341, 18. 12. 1993, p. 18 and OJ No C 321, 18. 11. 1994, p.  4. (2) OJ No C 148, 30. 5. 1994, p. 1. (3) Opinion of the European Parliament of 19 April 1994 (OJ No C 128, 9. 5. 1994, p. 54), common  position of the Council of 22 December 1994 (OJ No C 384, 31. 12. 1994, p. 36) and decision of the  European Parliament of 13 June 1995 (OJ No C 166, 3. 7. 1995). (4) OJ No L 142, 25. 5. 1989, p. 1. (5) OJ No L 363, 13. 12. 1989, p. 30. (6) OJ No L 298, 17. 10. 1989, p. 23. (7) OJ No L 137, 20. 5. 1992, p. 17. (8) ETSI standard reference : ETS 300 352. (9) ETSI standard reference : ETS 300 250. (10) OJ No L 196, 5. 8. 1993, p. 48. (11) ITU-R recommendation 709 defines 'picture characteristics' including the wide-screen 16:9  aspect ratio.