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32002L0035

Commission Directive 2002/35/EC of 25 April 2002 amending Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (Text with EEA relevance)

Official Journal L 112 , 27/04/2002 P. 0021 - 0033

Commission Directive 2002/35/ECof 25 April 2002amending Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for vessels of 24 metres in length and over(1), as amended by Commission Directive 1999/19/EC(2), and in particular Article 8 thereof,Whereas:(1) The Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, hereinafter referred to as the "Torremolinos Protocol" was adopted on 2 April 1993.(2) Directive 97/70/EC establishes a harmonised safety regime for certain fishing vessels, applying the Torremolinos Protocol to them.(3) In order to ensure consistency in the application of the provisions of the Annex to the Torremolinos Protocol for the application of Article 3(1) of Directive 97/70/EC, it appears necessary to harmonise the interpretations left to the discretion of the administrations of the Member States of certain of those provisions. These harmonised interpretations should apply only to fishing vessels constructed on or after 1 January 2003 as they imply important changes in the construction of fishing vessels.(4) Directive 97/70/EC should therefore be amended accordingly.(5) The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 12 of Council Directive 93/75/EEC(3), as last amended by Commission Directive 98/74/EC(4),HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 97/70/EC is hereby replaced by the text in the Annex to this Directive.Article 21. Member States shall adopt and publish, before 1 January 2003 the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply those provisions from 1 January 2003.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 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 addressed to the Member States.Done at Brussels, 25 April 2002.For the CommissionLoyola De PalacioVice-President(1) OJ L 34, 9.2.1998, p. 1.(2) OJ L 83, 27.3.1999, p. 48.(3) OJ L 247, 5.10.1993, p. 19.(4) OJ L 276, 13.10.1998, p. 7.ANNEX"ANNEX IAdaptation of provisions of the Annex to the Torremolinos Protocol for application of Article 3(1) of Directive 97/70/ECFor the purpose of this Annex:1. "New fishing vessel built on or after 1 January 2003" means a new fishing vessel for which:(a) on or after 1 January 2003 the building or major conversion contract is placed; or(b) the building or major conversion contract has been placed before 1 January 2003, and which is delivered three years or more after that date; or(c) in the absence of a building contract, on or after 1 January 2003:- the keel is laid, or- construction identifiable with a specific ship begins, or- assembly has commenced comprising at least 50 tonnes or 1 % of the estimated mass of all structural material, whichever is less.PART AAdaptations applicable to all fishing vessels to which the Directive applies, except to new fishing vessels built on or after 1 January 2003CHAPTER I: GENERAL PROVISIONSRegulation 2: DefinitionsParagraph (1) "New vessel" has to be replaced by the definition of "new fishing vessel" contained in Article 2 to this Directive.CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTINGRegulation 2: DefinitionsParagraph (2) "standard fire test" to be read with the following changes at the end with regard to the standard temperature curve: "... The standard time-temperature curve is defined by a smooth curve drawn through the following internal furnace temperature points:>TABLE>"CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTSRegulation 1: ApplicationParagraph (2) to be read as follows: "Regulations 13 and 14 shall also apply to existing vessels of 45 metres in length and over, provided that the administration may defer the implementation of the requirements of these regulations until 1 February 1999."Regulation 13: Radio life-saving appliancesParagraph (2) to be read as follows: "Two-way VHF radiotelephone apparatus provided on board existing vessels and not complying with the performance standards adopted by the organisation may be accepted by the administration until 1 February 1999, provided that the administration is satisfied that they are compatible with approved two-way VHF radiotelephone apparatus."CHAPTER IX: RADIO COMMUNICATIONSRegulation 1: ApplicationParagraph (1), second sentence, to be read as follows: "However, for existing vessels, the administration may defer the implementation of the requirements until 1 February 1999."Regulation 3: ExemptionsParagraph (2)(c) to be read as follows: "when the vessel will be taken permanently out of service before 1 February 2001."PART BAdaptation applicable to new fishing vessels built on or after 1 January 2003The existing text of the following regulations shall be read as follows:CHAPTER I: GENERAL PROVISIONSRegulation 2: DefinitionsSubparagraph (22)(a)(ii)The bulkhead shall be located at a distance from the forward perpendicular: not less than 0,05L and not more than 0,05L plus 1,35 m for vessels of less than 45 m in length.Regulation 6: SurveysSubparagraph (1)(c)In addition to the periodical survey required in subparagraph (b)(i), intermediate surveys with regard to the structure and machinery of the vessel at intervals of two years plus/minus three months for vessels constructed of material other than wood and at intervals specified by the Administration for vessels constructed of wood. The surveys shall also be such as to ensure that alterations, which would adversely affect the safety of the vessel or the crew, have not been made.CHAPTER II: CONSTRUCTION, WATERTIGHT INTEGRITY AND EQUIPMENTRegulation 1: ConstructionParagraph (1)Strength and construction of hull, superstructures, deckhouses, machinery casings, companionways and any other structures and vessel's equipment shall be sufficient to withstand all foreseeable conditions of the intended service and shall be in accordance with the rules of a recognised organisation.Regulation 2: Watertight doorsParagraph (1)The number of openings in watertight bulkheads, as required by regulation 1(3), shall be reduced to the minimum compatible with the general arrangements and operational needs of the vessel; openings shall be fitted with watertight closing appliances complying with the rules of a recognised organisation. Watertight doors shall be of an equivalent strength to the adjacent unpierced structure.Regulation 2: Watertight doorsSubparagraph (3)(a)In vessels of 45 m in length and over, watertight doors shall be of the sliding type in:spaces where it is intended to open them at sea and if located with their sills below the deepest operating waterline, unless the Administration considers it to be impracticable or unnecessary taking into account the type and operation of the vessel.Exemptions from this regulation allowed by a Member State shall be subject to the procedure of Article 4 of this Directive.Regulation 5: HatchwaysParagraph (3)Arrangements for securing wood hatchway covers weathertight shall be provided in accordance with the standards as given in regulations 14 and 15 of Annex I to the International Convention on Load Lines 1966(1).Regulation 9: VentilatorsParagraph (1)In vessels of 45 m in length and over, the height above deck of ventilator coamings, other than machinery space ventilator coamings, shall be at least 900 mm on the working deck and at least 760 mm on the superstructure deck. In vessels of less than 45 m in length the height of these coamings shall be 760 mm and 450 mm respectively. The height above deck of machinery space ventilator openings, necessary to continuously supply the machinery space and, on demand, immediately supply the generator room, in general shall be in compliance with regulation II/9(3). However, where due to the ships size and arrangements this is not practicable, lesser heights, but in all cases not less than 900 mm above the working deck and the superstructure deck, may be accepted with the provision of weathertight closing appliances in accordance with regulation II/9(2) in combination with other suitable arrangements to ensure an uninterrupted adequate supply of ventilation to the spaces.Regulation 12: Side scuttlesParagraph (6)The Administration may accept side scuttles and windows without deadlights in side and aft bulkheads of deckhouses located on or above the working deck if satisfied that the safety of the vessel will not be impaired, taking into account the rules of recognised organisations based upon the relevant ISO standards.Regulation 15: Anchor equipmentAnchor equipment designed for quick and safe operation shall be provided, which shall consist of anchoring equipment, anchor chains or wire ropes, stoppers and a windlass or other arrangements for dropping and hoisting the anchor and for holding the vessel at anchor in all foreseeable service conditions. Vessels shall also be provided with adequate mooring equipment for safe mooring in all operating conditions. Anchor and mooring equipment shall be in accordance with the rules of a recognised organisation.CHAPTER III: STABILITY AND ASSOCIATED SEAWORTHINESSRegulation 1: GeneralVessels shall be so designed and constructed that the requirements of this chapter will be satisfied in the operating conditions referred to in regulation 7. Calculations of the righting lever curves shall be carried out in accordance with the IMO Code on Intact Stability for All Types of Ships(2).Regulation 2: Stability criteriaParagraph (1)The following minimum stability criteria shall be met unless the Administration is satisfied that operating experience justifies departures therefrom. Any departure from the required minimum stability criteria, allowed by a Member State, shall be subject to the procedure of Article 4 of this Directive(3).Subparagraph (1)(d)The initial metacentric height GM shall not be less than 350 mm for single deck vessels. In vessels with complete superstructure the metacentric height may be reduced to the satisfaction of the Administration but in no case shall be less than 150 mm. Reduction of the required metacentric height, allowed by a Member State, shall be subject to the procedure of Article 4 of this Directive.Paragraph (3)Where ballast is provided to ensure compliance with paragraph (1), its nature and arrangements shall be to the satisfaction of the Administration. In vessels with a length of less than 45 m, such ballast shall be permanent. Where ballast is permanent, it shall be solid and fixed securely in the vessel. The Administration may accept liquid ballast, stored in completely filled tanks which are not connected to any pumping system of the vessel. If liquid ballast is used as permanent ballast to ensure compliance with paragraph (1), details shall be included in the Certificate of Compliance and in the stability booklet.Permanent ballast shall not be removed from the ship or relocated without the approval of the Administration.Regulation 4: Particular fishing methodsVessels engaged in particular fishing methods where additional external forces are imposed on the vessel during fishing operations, shall meet the stability criteria of regulation 2(1) increased, if necessary, to the satisfaction of the Administration. Vessels engaged in beam trawling shall comply with the following increased stability criteria:(a) the criteria for the area's under the righting lever and for the righting levers as given in regulation 2(1)(a) and (b) shall be increased by 20 %;(b) the metacentric height shall not be less than 500 mm;(c) the criteria as given under (a) shall be applicable only to vessels with an installed propulsion power not exceeding the value in kilowatts as given in the following formulas:- N = 0,6 Ls2 for vessels with a length of 35 m or less, and- N = 0,7 Ls2 for vessels with a length of 37 m and over,- at intermediate length of the vessel the coefficient for Ls has to be obtained by interpolation in between 0,6 and 0,7,- Ls is the overall length according to the Tonnage Certificate.If the installed propulsion power exceeds the values for the standard propulsion power as given in the above formulas the criteria as mentioned under (a) shall be increased directly proportional to the higher propulsion power.The Administration shall be satisfied that the above increased stability criteria for beam trawlers are met in the operating conditions mentioned under regulation 7(1) of this chapter.For the calculation of the stability, the beams shall be assumed to be hoisted up to an angle of 45 degrees with the horizontal.Regulation 5: Severe wind and rollingVessels shall be able to withstand the effect of severe wind and rolling in associated sea conditions taking account of the seasonal weather conditions, the sea states in which the vessel will operate, the type of vessel and its mode of operation. The relevant calculations shall be carried out in accordance with the IMO Code on Intact Stability for all Types of Ships.Regulation 8: Ice accretionThis regulation applies except where the modification of the icing allowance, left to the discretion of the Administration by recommendation 2(4) is not allowed.Regulation 9: Inclining testParagraph (2)Where alterations are made to a vessel affecting its light ship condition and/or the position of the centre of gravity, the vessel shall, if the Administration considers this necessary taking into account the vessels stability margins, be reinclined and the stability information revised. However, if the lightweight variation exceeds 2 % from the original lightweight and it cannot be demonstrated by calculation that the vessel continues to comply with the stability criteria, the vessel shall be re-inclined.Regulation 12: Bow heightThe bow height shall be sufficient, to prevent the excessive shipping of water.For vessels operating in restricted areas not more than 10 miles from the coast, the minimum bow height shall be to the satisfaction of the Administration and be determined taking into account the seasonal weather conditions, the sea states in which the vessel will operate, the type of the vessel and its mode of operation.For vessels operating in all other areas:1. where, during the fishing operations, the catch has to be stowed into the fish holds via hatchways, which are situated on a exposed working deck forward of the deckhouse or superstructure, the minimum bow height shall be calculated in accordance with the method of calculation, contained in recommendation 4 of attachment 3 to the Final Act of the Torremolinos conference;2. where the catch has to be stowed into the fish holds via a hatchway, which is situated on an exposed working deck, protected by a deckhouse or superstructure, the minimum bow height shall be in accordance with regulation 39 of Annex I to the International Load Line Convention 1966, but shall not be less than 2000 mm. In this respect the maximum permissible operating draught is to be regarded in place of the assigned summer freeboard.Regulation 14: Subdivision and damage stabilityVessels of 100 m in length and over, where the total number of persons carried is 100 or more, shall be capable, of remaining afloat with positive stability, after flooding of any compartment assumed damaged, having regard to the type of vessel, the intended service and area of operation(5). Calculations to be carried out in accordance with the guidance as mentioned in the footnote.CHAPTER IV: MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACESRegulation 3: GeneralParagraph (1)Main propulsion, control, steam pipe, fuel oil, compressed air, electrical and refrigeration systems; auxiliary machinery; boilers and other pressure vessels; piping and pumping arrangements; steering equipment and gears, shafts and couplings for power transmission shall be designed, constructed, tested, installed and serviced in accordance with the rules of a recognised organisation. This machinery and equipment, as well as lifting gear, winches, fish handling and fish processing equipment shall be protected so as to reduce to a minimum any danger to persons on board. Special attention shall be paid to moving parts, hot surfaces and other dangers.Paragraph (7)The Administration shall be satisfied that regulations 16 to 18 are uniformly implemented and applied in accordance with the rules of a recognised organisation(6).Paragraph (9)Measures shall be taken to the satisfaction of the Administration to ensure that all equipment is functioning in a reliable manner in all operating conditions, including manoeuvring, and that arrangements in accordance with the rules of a recognised organisation are made for regular inspections and routine tests to ensure continuous reliable operation.Paragraph (10)Vessels shall be provided with documentary evidence, complying with the rules of a recognised organisation, of their fitness to operate with periodically unattended machinery spaces.Regulation 6: Steam boilers, feed systems and steam piping arrangementsParagraph (1)Every steam boiler and every unfired steam generator shall be provided with not less than two safety valves of adequate capacity. However, the Administration may, having regard to the output or any other features of any steam boiler or unfired steam generator, permit only one safety valve to be fitted if satisfied that adequate protection against overpressure is thereby provided in accordance with the rules of a recognised organisation.Regulation 8: Wheelhouse controlSubparagraph (1)(b)Where remote control of propulsion machinery is provided from the wheelhouse, the following shall apply: the remote control referred to in subparagraph (a) shall be performed by means of a control device complying with the rules of a recognised organisation with, where necessary, means of preventing overload of the propulsion machinery.Regulation 10: Arrangements for fuel oil, lubricating oil and other flammable oilsParagraph (4)Fuel oil pipes which, if damaged, would allow oil escape from a storage, settling or daily service tank situated above the double bottom, shall be fitted with a cock or valve on the tank capable of being closed from a safe position outside the space concerned in the event of a fire arising in the space in which such tanks are situated. In the special case of deep tanks situated in any shaft or pipe tunnel or similar space, valves on the tank shall be fitted but control in the event of fire may be effected by means of an additional valve on the pipe or pipes outside the tunnel or similar space. If such additional valve is fitted in the machinery space, it shall be capable of being operated outside this space.Paragraph (7)(a)Fuel oil pipes and their valves and fittings shall be steel or other equivalent material, provided that a minimum of flexible pipes may be used. Such flexible pipes and end attachments shall be of adequate strength and shall be constructed of approved fire resistant material or have fire-resistant coatings in accordance with the rules of a recognised organisation. Fitting of those flexible pipes shall be in accordance with the IMO MSC. Circ. 647 "Guidelines to minimise leakages from flammable liquid systems".Paragraph (10)The arrangements for the storage, distribution and use of oil employed in pressure lubrication systems shall be in accordance with the rules of a recognised organisation. Such arrangements in machinery spaces of category A and, wherever practicable, in other machinery spaces shall at least comply with the provisions of paragraphs (1), (3), (6) and (7) and in so far as necessary, in accordance with the rules of a recognised organisation, with paragraphs (2) and (4). This does not preclude the use of sight flow glasses in lubrication systems provided they are shown by test to have a suitable degree of fire resistance.Paragraph (11)The arrangements for the storage, distribution and use of flammable oils employed under pressure in power transmission systems other than oil referred to in paragraph (10) in control and activating systems and heating systems shall be in accordance with the rules of a recognised organisation. In locations where means of ignition are present such arrangements shall at least comply with the provisions of paragraphs (2) and (6) and with the provisions of paragraphs (3) and (7) in respect of strength and construction.Regulation 12: Protection against noiseMeasures shall be taken to reduce the effects of noise upon personnel in machinery spaces to levels as given in the IMO Code on Noise Levels on Board Ships(7).Regulation 13: Steering gearParagraph (1)Vessels shall be provided with a main steering gear and an auxiliary means of actuating the rudder in compliance with the rules of a recognised organisation. The main steering gear and the auxiliary means of actuating the rudder shall be arranged so that so far as is reasonable and practicable a single failure in one of them will not render the other one inoperative.Regulation 16: Main source of electrical powerSubparagraph (1)(a)Where electrical power constitutes the only means of maintaining auxiliary services essential for the propulsion and the safety of the vessel, a main source of electrical power shall be provided which shall include at least two generating sets, one of which may be driven by the main engine. In accordance with the rules of a recognised organisation other arrangements having equivalent electrical capability may be accepted.CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTINGRegulation 1: GeneralSubparagraph (c)Method IIIF: The fitting of an automatic fire alarm and detection system in all spaces in which a fire might be expected to originate, generally with no restriction on the type of internal divisional bulkheads, except that in no case shall the area of any accommodation space or spaces bounded by an "A" or "B" class division exceed 50 m2. However, the Administration may increase this area for public spaces up to 75 m2.Regulation 2: DefinitionsParagraph (1)"Non-combustible material" means a material which neither burns nor gives off flammable vapours in sufficient quantity for self-ignition when heated to approximately 750 °C, this being determined in accordance with the IMO Fire Test Procedures Code(8). Any other material is a combustible material.Paragraph (2) "standard fire test" to be read as follows:"A standard fire test" is one in which the specimens of the relevant bulkheads or decks are exposed in a test furnace to temperatures corresponding approximately to the standard temperature curve. The test methods shall be in accordance with the IMO Fire Test Procedures Code.Paragraph (3) (last sentence)The Administration shall require a test of a prototype bulkhead or deck to ensure that it meets the above requirements for integrity and temperature rise in accordance with the IMO Fire Test Procedures Code.Paragraph (4) (last sentence)The Administration shall require a test of a prototype division to ensure that it meets the above requirements for integrity and temperature rise in accordance with the IMO Fire Test Procedures Code.Paragraph (6) (last sentence)The Administration shall require a test of a prototype division to ensure that it meets the above requirement for integrity and temperature rise in accordance with the IMO Fire Test Procedures Code.Paragraph (9)Low flame spread means that the surface thus described will adequately restrict the spread of flame, this being determined in accordance with the IMO Fire Test Procedures Code.Regulation 4: Bulkheads within the accommodation and service spacesParagraph (4)Method IIIF: There shall be no restriction on the construction of bulkheads not required by this or other regulations of this part to be "A" or "B" class divisions. In no case shall the area of any accommodation space or spaces bounded by a continuous "A" or "B" class division exceed 50 m2, except in individual cases where "C" class bulkheads are required in accordance with table 1 in regulation 7. However, the Administration may increase this area for public spaces up to 75 m2.Regulation 7: Fire integrity of bulkheads and decksLast note to tables(*) Where an asterisk appears in the tables the division is required to be of steel or equivalent material but is not required to be of "A" class standard.Where a deck is penetrated for the passage of electrical cables, pipes and vent ducts, such penetrations shall be made tight to prevent the passage of flame and smoke.Regulation 8: Details of constructionParagraph (3), Methods IF, IIF and IIIF(a) Except in cargo spaces or refrigerated compartments of service spaces insulating materials shall be non-combustible. Vapour barriers and adhesives used in conjunction with insulation, as well as the insulation of pipe fittings for cold service systems need not be of non-combustible material, but they shall be kept to the minimum quantity practicable and their exposed surfaces shall have low flame characteristics, this being determined in accordance with the IMO Fire Test Procedures Code. In spaces where penetration of oil products is possible, the surface of insulation shall be impervious to oil or oil vapour.Regulation 9: Ventilation systemsSubparagraph (1)(a)Ventilation ducts shall be of non-combustible material. Short ducts, however, not generally exceeding 2 m in length and with a cross section not exceeding 0,02 m2 need not be non-combustible, subject to the following conditions:(i) these ducts shall be of a material which has low flame spread characteristics, this being determined in accordance with the IMO Fire Test Procedures Code.Regulation 11: Miscellaneous itemsParagraph (2)Paints, varnishes and other finishes used on exposed interior surfaces shall not be capable of producing excessive quantities of smoke or toxic gases or vapours, to be determined in accordance with the IMO Fire Test Procedures Code.Regulation 12: Storage of gas cylinders and dangerous materialsParagraph (4)Except as necessary for service within the space, electrical wiring and fittings shall not be permitted within compartments used for the storage of highly flammable liquids or liquefied gases. Where such electrical fittings are installed, they shall be of a certified safe type and comply with the relevant provisions of the International Standard IEC Publication 79 "Electrical apparatus for explosive gas atmospheres". Sources of heat shall be kept clear of such spaces and "No smoking" and "No naked light" notices shall be displayed in a prominent position.Regulation 13: Means of escapeParagraph (1)Stairways and ladders leading to and from all accommodation spaces and in spaces in which the crew is normally employed, other than machinery spaces, shall be so arranged as to provide ready means of escape to the open deck and thence to the survival craft. In particular in relation to these spaces:(e) the continuity of the means of escape shall be to the satisfaction of the Administration. Stairways and corridors used as means for escape shall be not less than 700 mm in clear width and shall have a handrail on at least one side. Doorways which give access to a stairway shall be not less than 700 mm in clear width.Paragraph (2)Two means of escape shall be provided from every machinery space of category A by one of the following means:(a) two sets of steel ladders as widely separated as possible leading to doors in the upper part of the space similarly separated and from which access is provided to the open deck. In general, one of these ladders shall provide continuous fire shelter from the lower part of the space to a safe position outside the space. However, the Administration may not require such shelter if, due to special arrangements or dimensions of the machinery space, a safe escape route from the lower part of this space is provided. This shelter shall be of steel, insulated to "A-60" class standard and be provided with a "A-60" class self-closing steel door at the lower end; orRegulation 14: Automatic sprinkler and fire alarm and fire detection systems (Method IIF)Paragraph (11)Spare sprinkler heads shall be provided for each section of sprinklers.Spare sprinkler heads shall include all types and ratings installed in the vessel and shall be provided as follows:- less than 100 sprinkler heads: 3 spare heads,- less than 300 sprinkler heads: 6 spare heads,- 300 to 1000 sprinkler heads: 12 spare heads.Regulation 15: Automatic fire alarm and fire detection systems (Method IIIF)Paragraph (4)The system shall be operated by an abnormal air temperature, by an abnormal concentration of smoke or other factors indicative of incipient fire in any one of the spaces to be protected. Systems which are sensitive to air temperature shall not operate at less than 54 °C and shall operate at a temperature not greater than 78 °C when the temperature increase to those levels is not more than 1 °C per minute. At the discretion of the Administration the permissible temperature of operation may be increased to 30 °C above the maximum deckhead temperature in drying rooms and similar places of normally high ambient temperature. Systems which are sensitive to smoke concentration shall operate on the reduction of the intensity of a transmitted light beam. Smoke detectors shall be certified to operate before the smoke density exceeds 12,5 % obscuration per metre, but not until the smoke density exceeds 2 % obscuration per metre. Other equally effective methods of operation may be accepted at the discretion of the Administration. The detection system shall not be used for any purpose other than fire detection.Regulation 17: Fire pumpsParagraph (2)If a fire in any one compartment could put all the fire pumps out of action, there shall be an alternative means of providing water for fire fighting. In vessels of 75 m in length and over this alternative means shall be a fixed emergency fire pump independently driven. This emergency fire pump shall be capable of supplying two jets of water at a minimum pressure of 0,25 N/mm2.Regulation 20: Fire extinguishersParagraph (2)1. For each type of fire extinguisher carried, capable of being recharged on board, 100 % spare charges for the first 10 extinguishers shall be provided and 50 % for the remaining extinguishers but not more than 60.2. For fire extinguishers which cannot be recharged on board, at least 50 % additional fire extinguishers of same type and capacity shall be provided in lieu of spare charges.3. Instructions for recharging should be carried on board. Only refills approved for the fire extinguishers in question may be used for recharging.Paragraph (4)Fire extinguishers shall be examined annually by a competent person, authorised by the Administration. Each extinguisher shall be provided with a sign indicating that it has been examined. All containers of permanently pressurised fire extinguishers and propellant bottles of non-pressurised extinguishers shall be hydraulic pressure tested every 10 years.Regulation 21: Portable fire extinguishers in control stations and accommodations and service spacesParagraph (2)1. For fire extinguishers, capable of being recharged on board, 100 % spare charges for the first 10 extinguishers shall be provided and 50 % for the remaining extinguishers but not more than 60.2. For fire extinguishers which cannot be recharged on board at least 50 % additional fire extinguishers of same type and capacity shall be provided in lieu of spare charges.3. Instructions for recharging should be carried on board. Only refills approved for the fire extinguishers in question may be used for recharging.Regulation 24: Firefighter's outfitsParagraph (1)At least two firefighter's outfits shall be carried. The firefighter's outfits shall be in accordance with the IMO Fire Safety Systems Code, Chapter III, regulations 2.1, 2.1.1 and 2.1.2. Two spare charges shall be provided for each required breathing apparatus.Regulation 25: Firecontrol planThere shall be a permanently exhibited fire control plan. The contents of such a plan shall be in accordance with IMO Resolution A.654(16) "Graphical symbols for fire control plans" and IMO Resolution A.756(18) "Guidelines on the information to be provided with fire control plans".Regulation 28: Structural fire protectionSubparagraph (2)(a)In vessels, the hull of which is constructed of non-combustible materials, the decks and bulkheads separating machinery spaces of category A from accommodation spaces, service spaces or control stations shall be constructed to "A-60" class standard where the machinery space of category A is not provided with a fixed fire extinguishing system and to "A-30" class standard where such a system is fitted. Decks and bulkheads separating other machinery spaces from accommodation, service spaces and control stations shall be constructed to "A-0" class standard.Decks and bulkheads separating control stations from accommodation and service spaces shall be constructed to "A" class standard in accordance with the tables 1 and 2 of regulation 7 of this chapter, except that the Administration may permit the fitting of "B-15" class divisions for separating such spaces as skipper's cabin from the wheelhouse, where such spaces are considered to be a part of the wheelhouse.Regulation 31: Miscellaneous itemsParagraph (1)Exposed surfaces within accommodation spaces, service spaces, control stations, corridor and stairway enclosures and the concealed surfaces behind bulkheads, ceilings, panellings and linings in accommodation spaces, service spaces and control stations shall have low flame spread characteristics, as determined in accordance with the IMO Fire Test Procedures Code.Paragraph (3)Paints, varnishes and other finishes used on exposed interior surfaces shall not be capable of producing excessive quantities of smoke or toxic gases or vapours, this being determined in accordance with the IMO Fire Test Procedures Code.Regulation 32: Storage of gas cylinders and dangerous materialsParagraph (4)Except as necessary for service within the space, electrical wiring and fittings shall not be permitted within compartments used for the storage of highly flammable liquids or liquefied gases. Where such electrical fittings are installed, they shall be of a certified safe type and comply with the relevant provisions of the International Standard IEC Publication 79 "Electrical apparatus for explosive gas atmospheres". Sources of heat shall be kept clear of such spaces and "No smoking" and "No naked light" notices shall be displayed in a prominent position.Regulation 38: Fire extinguishersParagraph (2)1. Except in the cases mentioned under 2 (below) for each type of fire extinguishers carried, capable of being recharged on board, 100 % spare charges for the first 10 extinguishers shall be provided and 50 % for the remaining extinguishers, but not more than 60.2. For vessels with a length of less than 45 m and for fire extinguishers which cannot be recharged on board, at least 50 % additional fire extinguishers of same type and capacity shall be provided in lieu of spare charges.3. Instructions for recharging shall be carried on board. Only refills approved for the fire extinguishers in question may be used for recharging.Paragraph (4)Fire extinguishers shall be examined annually by a competent person, authorised by the Administration. Each extinguisher shall be provided with a sign indicating that it has been examined. All containers of permanently pressurised fire extinguishers and propellant bottles of non-pressurised extinguishers shall be hydraulic pressure tested every 10 years.Regulation 39: Portable fire extinguishers in control stations and accommodations and service spacesParagraph (2)1. Except in the cases mentioned under 2 (below) for each type of fire extinguisher carried, capable of being recharged on board, at least 100 % spare charges for the first 10 extinguishers shall be provided and 50 % for the remaining extinguishers but not more than 60.2. For vessels with a length of less than 45 m and for fire extinguishers, which cannot be recharged on board, at least 50 % additional fire extinguishers of same type and capacity shall be provided in lieu of spare charges.3. Instructions for recharging should be carried on board. Only refills approved for the extinguishers in question may be used for recharging.Regulation 41: Firefighters outfitsFor vessels with a length of 45 m and over at least two fire-fighter' outfits shall be carried and stored in readily accessible and widely separated positions, which are not likely to be cut off in the event of fire. The firefighter's outfits shall be in accordance with the IMO Fire Safety Systems Code, Chapter III, regulations 2.1, 2.1.1 and 2.1.2.At least two spare charges shall be provided for each required breathing apparatus.Regulation 42: Fire control planThere shall be a permanently exhibited fire control plan.The contents of such a plan shall be in accordance with IMO Resolution A.654(16) "Graphical symbols for fire control plans" and IMO Resolution A.756(18) "Guidelines on the information to be provided with fire control plans".In vessels with a length of less than 45 m, the Administration may dispense with this requirement.CHAPTER VI: PROTECTION OF THE CREWRegulation 3: Bulwarks, rails and guardsParagraph (2)The minimum vertical distance from the deepest operating waterline to the lowest point of the top of the bulwark, or to the edge of the working deck if guard rails are fitted shall ensure adequate protection of the crew from water shipped on deck, taking into account the sea states and the weather conditions in which the vessel may operate, the areas of operation, type of vessel and its method of fishing. The freeboard measured amidships from the edge of the working deck from which fishing is undertaken, shall not be less than 300 mm or not less than the freeboard corresponding with the maximum permissible draught, whichever is the greater. For vessels with sheltered working decks, which are so arranged that water will not enter the sheltered working spaces no minimum freeboard other than the one corresponding with the maximum permissible draught is required.Regulation 4: Stairways and laddersFor the safety of the crew, stairways and ladders of adequate size and strength with handrails and non-slip treads shall be provided and constructed in accordance with the relevant ISO standards.CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTSRegulation 3: Evaluation, testing and approval of life-saving appliances and arrangementsParagraph (2)Before giving approval to life-saving appliances and arrangements, the Administration shall ensure that such life-saving appliances and arrangements are tested, to confirm that they comply with the requirements of this chapter, in accordance with the requirements of Council Directive 96/98/EC(9) on marine equipment which includes the IMO Recommendations on Testing of Life-Saving Appliances.Paragraph (6)Life-saving appliances required by this chapter for which detailed specifications are not included in part C shall be to the satisfaction of the Administration, taking into consideration the detailed specifications as given for those appliances in Chapter III of Solas 1974, as amended, and in the IMO International Life-Saving Appliance Code.Regulation 6: Availability and stowage of survival craft and rescue boatsSubparagraph (4)(a)Each survival craft shall be stowed:- so that neither the survival craft nor its stowage arrangements will interfere with the operation of any other survival craft or rescue boat at any other launching location,- as near to the water surface as is safe and practicable and, in the case of a survival craft other than a liferaft intended for throw over board launching, in such a position that the survival craft in the embarkation position is not less than 2 m above the waterline with the vessel in fully loaded condition under unfavourable conditions of trim of up to 10 ° and listed up to 20 ° either way, or to the angle at which the ship's weatherdeck edge becomes submerged, whichever is less,- in a state of continuous readiness so that the crew members can carry out preparations for embarkation and launching in less than 5 min.,- fully equipped as required by this chapter.Regulation 23: Rescue boatsSubparagraph (1)(b)Rescue boats may be either of rigid or inflated construction or combination of both and shall:(i) be not less than 3,8 m and not more than 8,5 m in length, except for vessels with a length of less than 45 m where, owing to the size of the vessel, or for other reasons where the carriage of such boats is considered unreasonable or impracticable, the Administration may accept a rescue boat of a lesser length but not less than 3,3 m;(ii) be capable of carrying at least five seated persons and one person lying down or for vessels with a length of less than 45 m, in the case of a rescue boat less than 3,8 m, be capable of carrying at least four persons seated and one person laying down.Subparagraph (1)(c)The number of persons which a boat shall be permitted to accommodate shall be determined by the Administration by means of a seating test. The minimum carrying capacity shall be as given in regulation 23(1)(b)(ii). Seating, except for the helmsman, may be provided on the floor. No part of a seating position shall be on the gunwale, transom, or on inflated buoyancy at the sides of the boat.(1) The International Convention on Load Lines 1966, as established by the International Conference on Load Lines on 5 April 1966 and adopted by the International Maritime Organisation by its Resolution A.133(V) on 25 October 1967.(2) The Code on Intact Stability for All Types of Ships Covered by IMO Instruments adopted by the International Maritime Organisation by resolution A.749(18) on 4 November 1993, as amended by resolution MSC.75(69).(3) The stability criteria for offshore supply vessels in paragraph 4.5.6.2.1 to 4.5.6.2.4 in the IMO Code on Intact Stability for All Types of Ships) may be considered as equivalent to the stability criteria in regulation 2(1)(a) to (c). This equivalence can only be applied, subject to satisfaction of the Administration, for fishing vessels with a hull form which is similar to that of offshore supply vessels.(4) For sea areas where ice accretion may occur and modifications of the icing allowance are suggested, see Guidance relating to Ice Accretion contained in recommendation 2 of attachment 3 to the final Act of the Torremolinos Conference.(5) See the guidance on subdivision and damage stability calculations contained in recommendation 5 of attachment 3 to the Final Act of the Torremolinos Conference.(6) See also the recommendation, published by the International Electrotechnical Commission and, in particular, Publication 92, "Electric installations in ships".(7) The Code on Noise Levels on Board Ships as adopted by the International Maritime Organisation by its resolution A.468(XII) on 19 November 1981.(8) The International Code for Application of Fire Test Procedures (FTP Code), as adopted by the Maritime Safety Committee of the International Maritime Organisation by resolution MSC. 61(67).(9) OJ L 46, 17.2.1997, p. 25."


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31989L0100

Commission Directive 89/100/EEC of 20 January 1989 amending Annex II to Council Directive 66/401/EEC on the marketing of fodder plant seed

Official Journal L 038 , 10/02/1989 P. 0036 - 0036 Finnish special edition: Chapter 3 Volume 28 P. 0139  Swedish special edition: Chapter 3 Volume 28 P. 0139

*****COMMISSION  DIRECTIVE  of 20 January 1989  amending Annex II to Council Directive 66/401/EEC on the marketing of fodder plant seed  (89/100/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), as last amended by Directive 88/380/EEC (2), and in particular Article 21a thereof,  Whereas, by reason of the conditions of its cultivation and its morphological characteristics, seed of meadow foxtail (Alopecurus pratensis) contains a relatively high proportion of seed of poa species;  Whereas, for seed of meadow foxtail, it is accordingly difficult to obtain, in relation to seed of poa species, the 1 % maximum content by weight of seeds or a single other plant species laid down in Annex II to Directive 66/401/EEC;  Whereas for seed of tall oatgrass (Arrhenatherum elatius) and golden oatgrass (Trisetum flavescens), which display similar morphological characteristics, this 1 % maximum does not apply to seed of poa species;  Whereas, in the light of the development of technical knowledge, it is therefore appropriate to amend Annex II to Directive 66/401/EEC in order to make the same provision for seed of meadow foxtail;  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  In Annex II to Directive 66/401/EEC, part I, section 2 (A) ('Table'), column 6 ('Analytical purity - Maximum content of seeds of other plant species (% by weight) - A single species'), after '1,0' given for Alopecurus pratensis, '(f)' is added.  Article 2  Member States shall take the measures necessary to comply with this Directive not later than 1 January 1990. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 20 January 1989.  For the Commission  Ray MAC SHARRY  Member of the Commission  (1) OJ No 125, 11. 7. 1966, p. 2298/66.  (2) OJ No L 187, 16. 7. 1988, p. 31.


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31998L0071

Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs

Official Journal L 289 , 28/10/1998 P. 0028 - 0035

DIRECTIVE 98/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 October 1998 on the legal protection of designsTHE 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 by 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), in the light of the joint text approved by the Conciliation Committee on 29 July 1998,(1) Whereas the objectives of the Community, as laid down in the Treaty, include laying the foundations of an ever closer union among the peoples of Europe, fostering closer relations between Member States of the Community, and ensuring the economic and social progress of the Community countries by common action to eliminate the barriers which divide Europe; whereas to that end the Treaty provides for the establishment of an internal market characterised by the abolition of obstacles to the free movement of goods and also for the institution of a system ensuring that competition in the internal market is not distorted; whereas an approximation of the laws of the Member States on the legal protection of designs would further those objectives;(2) Whereas the differences in the legal protection of designs offered by the legislation of the Member States directly affect the establishment and functioning of the internal market as regards goods embodying designs; whereas such differences can distort competition within the internal market;(3) Whereas it is therefore necessary for the smooth functioning of the internal market to approximate the design protection laws of the Member States;(4) Whereas, in doing so, it is important to take into consideration the solutions and the advantages with which the Community design system will provide undertakings wishing to acquire design rights;(5) Whereas it is unnecessary to undertake a full-scale approximation of the design laws of the Member States, and it will be sufficient if approximation is limited to those national provisions of law which most directly affect the functioning of the internal market; whereas provisions on sanctions, remedies and enforcement should be left to national law; whereas the objectives of this limited approximation cannot be sufficiently achieved by the Member States acting alone;(6) Whereas Member States should accordingly remain free to fix the procedural provisions concerning registration, renewal and invalidation of design rights and provisions concerning the effects of such invalidity;(7) Whereas this Directive does not exclude the application to designs of national or Community legislation providing for protection other than that conferred by registration or publication as design, such as legislation relating to unregistered design rights, trade marks, patents and utility models, unfair competition or civil liability;(8) Whereas, in the absence of harmonisation of copyright law, it is important to establish the principle of cumulation of protection under specific registered design protection law and under copyright law, whilst leaving Member States free to establish the extent of copyright protection and the conditions under which such protection is conferred;(9) Whereas the attainment of the objectives of the internal market requires that the conditions for obtaining a registered design right be identical in all the Member States; whereas to that end it is necessary to give a unitary definition of the notion of design and of the requirements as to novelty and individual character with which registered design rights must comply;(10) Whereas it is essential, in order to facilitate the free movement of goods, to ensure in principle that registered design rights confer upon the right holder equivalent protection in all Member States;(11) Whereas protection is conferred by way of registration upon the right holder for those design features of a product, in whole or in part, which are shown visibly in an application and made available to the public by way of publication or consultation of the relevant file;(12) Whereas protection should not be extended to those component parts which are not visible during normal use of a product, or to those features of such part which are not visible when the part is mounted, or which would not, in themselves, fulfil the requirements as to novelty and individual character; whereas features of design which are excluded from protection for these reasons should not be taken into consideration for the purpose of assessing whether other features of the design fulfil the requirements for protection;(13) Whereas the assessment as to whether a design has individual character should be based on whether the overall impression produced on an informed user viewing the design clearly differs from that produced on him by the existing design corpus, taking into consideration the nature of the product to which the design is applied or in which it is incorporated, and in particular the industrial sector to which it belongs and the degree of freedom of the designer in developing the design;(14) Whereas technological innovation should not be hampered by granting design protection to features dictated solely by a technical function; whereas it is understood that this does not entail that a design must have an aesthetic quality; whereas, likewise, the interoperability of products of different makes should not be hindered by extending protection to the design of mechanical fittings; whereas features of a design which are excluded from protection for these reasons should not be taken into consideration for the purpose of assessing whether other features of the design fulfil the requirements for protection;(15) Whereas the mechanical fittings of modular products may nevertheless constitute an important element of the innovative characteristics of modular products and present a major marketing asset and therefore should be eligible for protection;(16) Whereas a design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality; whereas this Directive does not constitute a harmonisation of national concepts of public policy or accepted principles of morality;(17) Whereas it is fundamental for the smooth functioning of the internal market to unify the term of protection afforded by registered design rights;(18) Whereas the provisions of this Directive are without prejudice to the application of the competition rules under Articles 85 and 86 of the Treaty;(19) Whereas the rapid adoption of this Directive has become a matter of urgency for a number of industrial sectors; whereas full-scale approximation of the laws of the Member States on the use of protected designs for the purpose of permitting the repair of a complex product so as to restore its original appearance, where the product incorporating the design or to which the design is applied constitutes a component part of a complex product upon whose appearance the protected design is dependent, cannot be introduced at the present stage; whereas the lack of full-scale approximation of the laws of the Member States on the use of protected designs for such repair of a complex product should not constitute an obstacle to the approximation of those other national provisions of design law which most directly affect the functioning of the internal market; whereas for this reason Member States should in the meantime maintain in force any provisions in conformity with the Treaty relating to the use of the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance, or, if they introduce any new provisions relating to such use, the purpose of these provisions should be only to liberalise the market in such parts; whereas those Member States which, on the date of entry into force of this Directive, do not provide for protection for designs of component parts are not required to introduce registration of designs for such parts; whereas three years after the implementation date the Commission should submit an analysis of the consequences of the provisions of this Directive for Community industry, for consumers, for competition and for the functioning of the internal market; whereas, in respect of component parts of complex products, the analysis should, in particular, consider harmonisation on the basis of possible options, including a remuneration system and a limited term of exclusivity; whereas, at the latest one year after the submission of its analysis, the Commission should, after consultation with the parties most affected, propose to the European Parliament and the Council any changes to this Directive needed to complete the internal market in respect of component parts of complex products, and any other changes which it considers necessary;(20) Whereas the transitional provision in Article 14 concerning the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance is in no case to be construed as constituting an obstacle to the free movement of a product which constitutes such a component part;(21) Whereas the substantive grounds for refusal of registration in those Member States which provide for substantive examination of applications prior to registration, and the substantive grounds for the invalidation of registered design rights in all the Member States, must be exhaustively enumerated,HAVE ADOPTED THIS DIRECTIVE:Article 1 Definitions For the purpose of this Directive:(a) 'design` means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation;(b) 'product` means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs;(c) 'complex product` means a product which is composed of multiple components which can be replaced permitting disassembly and reassembly of the product.Article 2 Scope of application 1. This Directive shall apply to:(a) design rights registered with the central industrial property offices of the Member States;(b) design rights registered at the Benelux Design Office;(c) design rights registered under international arrangements which have effect in a Member State;(d) applications for design rights referred to under (a), (b) and (c).2. For the purpose of this Directive, design registration shall also comprise the publication following filing of the design with the industrial property office of a Member State in which such publication has the effect of bringing a design right into existence.Article 3 Protection requirements 1. Member States shall protect designs by registration, and shall confer exclusive rights upon their holders in accordance with the provisions of this Directive.2. A design shall be protected by a design right to the extent that it is new and has individual character.3. A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character:(a) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter, and(b) to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and individual character.4. 'Normal use` within the meaning of paragraph (3)(a) shall mean use by the end user, excluding maintenance, servicing or repair work.Article 4 Novelty A design shall be considered new if no identical design has been made available to the public before the date of filing of the application for registration or, if priority is claimed, the date of priority. Designs shall be deemed to be identical if their features differ only in immaterial details.Article 5 Individual character 1. A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the date of filing of the application for registration or, if priority is claimed, the date of priority.2. In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.Article 6 Disclosure 1. For the purpose of applying Articles 4 and 5, a design shall be deemed to have been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the Community, before the date of filing of the application for registration or, if priority is claimed, the date of priority. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.2. A disclosure shall not be taken into consideration for the purpose of applying Articles 4 and 5 if a design for which protection is claimed under a registered design right of a Member State has been made available to the public:(a) by the designer, his successor in title, or a third person as a result of information provided or action taken by the designer, or his successor in title; and(b) during the 12-month period preceding the date of filing of the application or, if priority is claimed, the date of priority.3. Paragraph 2 shall also apply if the design has been made available to the public as a consequence of an abuse in relation to the designer or his successor in title.Article 7 Designs dictated by their technical function and designs of interconnections 1. A design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.2. A design right shall not subsist in features of appearance of a product which must necessarily be reproduced in their exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to or placed in, around or against another product so that either product may perform its function.3. Notwithstanding paragraph 2, a design right shall, under the conditions set out in Articles 4 and 5, subsist in a design serving the purpose of allowing multiple assembly or connection of mutually interchangeable products within a modular system.Article 8 Designs contrary to public policy or morality A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality.Article 9 Scope of protection 1. The scope of the protection conferred by a design right shall include any design which does not produce on the informed user a different overall impression.2. In assessing the scope of protection, the degree of freedom of the designer in developing his design shall be taken into consideration.Article 10 Term of protection Upon registration, a design which meets the requirements of Article 3(2) shall be protected by a design right for one or more periods of five years from the date of filing of the application. The right holder may have the term of protection renewed for one or more periods of five years each, up to a total term of 25 years from the date of filing.Article 11 Invalidity or refusal of registration 1. A design shall be refused registration, or, if the design has been registered, the design right shall be declared invalid:(a) if the design is not a design within the meaning of Article 1(a); or(b) if it does not fulfil the requirements of Articles 3 to 8; or(c) if the applicant for or the holder of the design right is not entitled to it under the law of the Member State concerned; or(d) if the design is in conflict with a prior design which has been made available to the public after the date of filing of the application or, if priority is claimed, the date of priority, and which is protected from a date prior to the said date by a registered Community design or an application for a registered Community design or by a design right of the Member State concerned, or by an application for such a right.2. Any Member State may provide that a design shall be refused registration, or, if the design has been registered, that the design right shall be declared invalid:(a) if a distinctive sign is used in a subsequent design, and Community law or the law of the Member State concerned governing that sign confers on the right holder of the sign the right to prohibit such use; or(b) if the design constitutes an unauthorised use of a work protected under the copyright law of the Member State concerned; or(c) if the design constitutes an improper use of any of the items listed in Article 6b of the Paris Convention for the Protection of Industrial Property, or of badges, emblems and escutcheons other than those covered by Article 6b of the said Convention which are of particular public interest in the Member State concerned.3. The ground provided for in paragraph 1(c) may be invoked solely by the person who is entitled to the design right under the law of the Member State concerned.4. The grounds provided for in paragraph 1(d) and in paragraph 2(a) and (b) may be invoked solely by the applicant for or the holder of the conflicting right.5. The ground provided for in paragraph 2(c) may be invoked solely by the person or entity concerned by the use.6. Paragraphs 4 and 5 shall be without prejudice to the freedom of Member States to provide that the grounds provided for in paragraphs 1(d) and 2(c) may also be invoked by the appropriate authority of the Member State in question on its own initiative.7. When a design has been refused registration or a design right has been declared invalid pursuant to paragraph 1(b) or to paragraph 2, the design may be registered or the design right maintained in an amended form, if in that form it complies with the requirements for protection and the identity of the design is retained. Registration or maintenance in an amended form may include registration accompanied by a partial disclaimer by the holder of the design right or entry in the design Register of a court decision declaring the partial invalidity of the design right.8. Any Member State may provide that, by way of derogation from paragraphs 1 to 7, the grounds for refusal of registration or for invalidation in force in that State prior to the date on which the provisions necessary to comply with this Directive enter into force shall apply to design applications which have been made prior to that date and to resulting registrations.9. A design right may be declared invalid even after it has lapsed or has been surrendered.Article 12 Rights conferred by the design right 1. The registration of a design shall confer on its holder the exclusive right to use it and to prevent any third party not having his consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.2. Where, under the law of a Member State, acts referred to in paragraph 1 could not be prevented before the date on which the provisions necessary to comply with this Directive entered into force, the rights conferred by the design right may not be invoked to prevent continuation of such acts by any person who had begun such acts prior to that date.Article 13 Limitation of the rights conferred by the design right 1. The rights conferred by a design right upon registration shall not be exercised in respect of:(a) acts done privately and for non-commercial purposes;(b) acts done for experimental purposes;(c) acts of reproduction for the purposes of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of the source.2. In addition, the rights conferred by a design right upon registration shall not be exercised in respect of:(a) the equipment on ships and aircraft registered in another country when these temporarily enter the territory of the Member State concerned;(b) the importation in the Member State concerned of spare parts and accessories for the purpose of repairing such craft;(c) the execution of repairs on such craft.Article 14 Transitional provision Until such time as amendments to this Directive are adopted on a proposal from the Commission in accordance with the provisions of Article 18, Member States shall maintain in force their existing legal provisions relating to the use of the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance and shall introduce changes to those provisions only if the purpose is to liberalise the market for such parts.Article 15 Exhaustion of rights The rights conferred by a design right upon registration shall not extend to acts relating to a product in which a design included within the scope of protection of the design right is incorporated or to which it is applied, when the product has been put on the market in the Community by the holder of the design right or with his consent.Article 16 Relationship to other forms of protection The provisions of this Directive shall be without prejudice to any provisions of Community law or of the law of the Member State concerned relating to unregistered design rights, trade marks or other distinctive signs, patents and utility models, typefaces, civil liability or unfair competition.Article 17 Relationship to copyright A design protected by a design right registered in or in respect of a Member State in accordance with this Directive shall also be eligible for protection under the law of copyright of that State as from the date on which the design was created or fixed in any form. The extent to which, and the conditions under which, such a protection is conferred, including the level of originality required, shall be determined by each Member State.Article 18 Revision Three years after the implementation date specified in Article 19, the Commission shall submit an analysis of the consequences of the provisions of this Directive for Community industry, in particular the industrial sectors which are most affected, particularly manufacturers of complex products and component parts, for consumers, for competition and for the functioning of the internal market. At the latest one year later the Commission shall propose to the European Parliament and the Council any changes to this Directive needed to complete the internal market in respect of component parts of complex products and any other changes which it considers necessary in light of its consultations with the parties most affected.Article 19 Implementation 1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 28 October 2001.When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive.Article 20 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 21 Addressees This Directive is addressed to the Member States.Done at Luxembourg, 13 October 1998.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentC. EINEM(1) OJ C 345, 23. 12. 1993, p. 14 and OJ C 142, 14. 5. 1996, p. 7.(2) OJ C 388, 31. 12. 1994, p. 9 and OJ C 110, 2. 5. 1995, p. 12.(3) Opinion of the European Parliament of 12 October 1995 (OJ C 287, 30. 10. 1995, p. 157), common position of the Council of 17 June 1997 (OJ C 237, 4. 8. 1997, p. 1), Decision of the European Parliament of 22 October 1997 (OJ C 339, 10. 11. 1997, p. 52). Decision of the European Parliament of 15 September 1998. Decision of the Council of 24 September 1998.Statement by the Commission The Commission shares the European Parliament's concern about combating counterfeiting.The Commission's intention is to present before the end of the year a Green Paper regarding piracy and counterfeiting in the internal market.The Commission will include in this Green Paper Parliament's idea of creating an obligation for counterfeiters to provide holders of design rights with information on their illegal acts.Statement by the Commission regarding Article 18 Immediately following the date of adoption of the Directive, and without prejudice to Article 18, the Commission proposes to launch a consultation exercise involving manufacturers of complex products and of component parts in the motor vehicles sector. The aim of this consultation will be to arrive at a voluntary agreement between the parties involved on the protection of designs in cases where the product incorporating the design or to which the design is applied constitutes a component part of a complex product upon whose appearance the protected design is dependent.The Commission will coordinate the consultation exercise and will report regularly to the Parliament and the Council on its progress. The consulted parties will be invited by the Commission to consider a range of possible options on which to base a voluntary agreement, including a remuneration system and a system based on a limited period of design protection.


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31993L0079

Commission Directive 93/79/EEC 93/79/EEC of 21 September 1993 setting out additional implementing provisions for lists of varieties of fruit plant propagating material and fruit plants, as kept by suppliers under Council Directive 92/34/EEC

Official Journal L 256 , 14/10/1993 P. 0025 - 0031 Finnish special edition: Chapter 3 Volume 53 P. 0017  Swedish special edition: Chapter 3 Volume 53 P. 0017

COMMISSION DIRECTIVE 93/79/EEC of 21 September 1993 setting out additional implementing provisions for lists of varieties of fruit plant propagating material and fruit plants, as kept by suppliers under Council Directive 92/34/EECTHE  COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (1), as amended by Commission Decision 93/401/EEC (2), and in particular Article 9 (6)  thereof,  Whereas a system of description of varieties already exists at an international level; whereas the International Union for the Protection of New Varieties of Plants (UPOV) has developed such a system;  Whereas it is desirable to base the Community system on the experience gained at international level;  Whereas suppliers whose activity is confined to the placing on the market of fruit plant propagating material and fruit plants should be subject to less onerous requirements;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Propagating Material and Plants of Fruit Genera and Species,  HAS ADOPTED THIS DIRECTIVE:   Article 1  This Directive establishes additional implementing provisions for lists of varieties of fruit plant propagating material and fruit plants as kept by suppliers pursuant to Article 9 (2) (ii) of Directive 92/34/EEC.   Article 2  1. The lists kept by suppliers shall include the following:  (i) the name of the variety, together with its commonly known synonyms, where appropriate;  (ii) indications as to the maintenance of the variety and propagation system applied;  (iii) description of the variety at least on the basis of the characteristics and their expressions as specified in the Annex hereto;  (iv) if possible, indications as to how the variety differs from the other varieties most closely resembling it.  2. Subparagraphs (ii) and (iv) of paragraph 1 shall not apply to any supplier whose activity is confined to the placing on the market of fruit plant propagating material or fruit plants.   Article 3  1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 30 June 1994. They shall forthwith inform the Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.  2. Member States shall communicate to the Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive.   Article 4  This Directive is addressed to the Member States.  Done at Brussels, 21 September 1993.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 157, 10. 6. 1992, p. 10.  (2) OJ No L 177, 21. 7. 1993, p. 28.      ANNEX   CHARACTERISTICS OF THE VARIETIES AND STATES OF EXPRESSION  Citrus sp.  Young shoot: anthocyanin colouration of tip (10 to 15 cm from tip) absent present Fruit: shape of distal end depressed truncate rounded slightly nippled prominently nippled Fruit: colour of surface green green to yellow yellow yellow to orange orange orange to red pink red purple Time of maturity of fruit very early early medium late very late Corylus avellana L.  Time of leaf bud burst (when two leaves appear out of the bud) very early very early to early early early to medium medium medium to late late late to very late very late Time of male flowering very early very early to early early early to medium medium medium to late late late to very late very late Time of female flowering very early very early to early early early to medium medium medium to late late late to very late very late Involucre: length compared to fruit length short equal longer Involucre: indentation weak medium strong Involucre: serration of indentations weak medium strong Fruit: size very small small medium large very large Fruit: shape globular conical ovoid short subcylindrical long subcylindrical Time of ripening very early very early to early early early to medium medium medium to late late late to very late very late Fruit: percentage of kernel (by weight) very low low medium high very high Cydonia Mill.  Plant: habit erect semi-erect spreading Leaf blade: shape elliptic obovate ovate rounded Fruit: general shape globose ovate pyriform waisted irregular oblong Fragaria x. ananassa Duch.  Inflorescence: position relative to foliage beneath level with above Fruit: size very small small medium large very large Fruit: predominant shape kidney shape oblate round conical bi-conical almost cylindrical wedged ovoid cordate Fruit: colour whitish yellow light orange orange orange red red purple dark purple Time of ripening (50 % of plants with ripe fruits) very early early medium late very late Type of bearing not remontant partially remontant fully remontant Juglans regia L.  Time of bud burst very early very early to early early to early medium medium medium to late late late to very late very late Tree: type of female inflorescence single compound Tree: type of branching of female flowering branches indeterminate determinate Time of maturity early early to medium medium medium to late late Malus Mill.  Tree: vigour weak medium strong Fruit: shape globose globose conical short globose conical flat flat globose (oblate) conical long conical truncate conical ellipsoid ellipsoid conical (ovate) oblong oblong conical oblong waisted Fruit: over colour of skin orange red purple brownish Time of beginning of flowering (10 % open flowers) very early early medium late very late Rootstock varieties Tree: vigour (in stool bed) weak medium strong Tree: number of basal shoots (in stool bed)very few few medium many very many Olea europe L.  Fruit: shape elongated elliptic globose Fruit: mucron absent present Fruit: shape of base rounded truncate depressed Fruit: width of stalk cavity narrow medium broad Prunus amygdalus Batsch.  Time of beginning of flowering very early very early to early early early to medium medium medium to late late late to very late very late Flower: colour of petals white pink white pink dark pink Time of maturity very early early medium late very late Dry fruit: shape of apex flat rounded pointed Kernel: shape narrow elliptic elliptic broad elliptic very broad elliptic Prunus armeniaca L.  Fruit size small medium large Fruit: depth of pedicel cavity shallow medium deep Fruit: ground colour of skin white cream to yellow light orange orange dark orange Fruit: colour of flesh white cream light orange orange dark orange Time of beginning of flowering (when tree presents some fully opened flowers) early medium late Time of maturity very early early medium late very late Prunus avium L. and Prunus cerasus L.  Time of flowering very early early medium late very late Fruit: size very small small medium large very large Fruit: colour of skin yellow orange red vermilion on a pale yellow ground colour vermilion mahogany black Fruit: time of maturity very early early medium late very late Prunus domestica L.  Fruit: size (on physiologically ripe fruits) very small small medium large very large Fruit: general shape in profile (on physiologically ripe fruit) rounded flattened rounded oblong elongated Fruit: ground colour of skin (including its bloom; on physiologically ripe fruit) whitish (transparent) green yellowish green yellow orange yellow red purple violet blue Fruit: colour of flesh (on physiologically ripe fruit) whitish yellow yellowish green green orange red Stone: adherence to the flesh (on physiologically ripe fruit) non-adherent semi-adherent adherent Stone: size relative to fruit (on physiologically ripe fruit) small medium large Season of ripening very early early medium late very late Prunus persica (L.) Batsch.  Tree: type normal spur Flowering shoot: anthocyanin coloration absent present Time of beginning of flowering very early early medium late very late Flower: shape rosaceous companulate Petal: size very small small medium large very large Petiole: nectaries absent present Petiole: shape of nectaries round kidney-shaped Fruit: pubescence absent present Fruit: ground of flesh white yellow to orange yellow red Stone: adherence to flesh absent present Time of maturity very early early medium late very late Prunus Salicina L.  Fruit: size very small small medium large very large Fruit: ground colour of skin whitish (transparent) green yellowish green yellow orange to yellow red purple violet blue dark blue Fruit: colour of flesh whitish yellow yellowish to green green orange red Time of flowering very early early medium late very late Time of ripening very early early medium late very late Pyrus communis L.  Time of flowering (date of full flower) very early early medium late very late Fruit: size very small small medium large very large Fruit: shape in profile (in longitudinal section) concave straight convex Fruit: length relative to maximum diameter very short shortintermediate elongate very elongate Fruit: ground colour of skin (at maturity) green yellow green yellow red Fruit: length of stalk short medium long Season of maturity for picking very early early medium late very late Ribes silvestre Mert et Koch,  Ribes niveum Lindl. (red and white currant); Ribes sylvestre) Time of fruit ripening very early early medium late very late Fruit truss: length including stalk very short short medium long very long Berry: size very small small medium large very large Berry: colour white whitish yellow pink red Ribes uva crispa L. (gooseberry) Plant: shape obovoid globose transverse ellipsoid Fruit: size very small small medium large very large Fruit: shape globose ellipsoid pyriform Fruit: colour yellow yellow green green with white tinge green red Time of fruit ripening very early early medium late very late Ribes nigrum L. (blackcurrant) Plant: ratio height/diameter low medium high Fruit: size very small small medium large very large Time of fruit ripening very early early medium late very late Rubus subgenus Eubatus Sect. Moriferi and Ursini (blackberry) and hybrids Plant: growth habit erect erect to semi-erect semi-erect semi-erect to rambling rambling Dormant cane: prickles absent present Fruit: size very small small medium large very large Time of beginning of ripening very early early medium late very late Rubus idaeus L. (raspberry) Plant: number of young shoots very few few medium many very many Only varieties whose main fruiting is on the previous year's cane in summer Dormant cane: colour greyish brown greyish brown to brown brown brown to purple brown purple brown Fruit: colour yellow pale red medium red dark red orange purple black Fruit: size very small small medium large very large Fruit: ratio length/width as long as broad longer than broad much longer than broad Main fruiting:  on previous year's cane in summer on current year's cane in autumn Time of ripening on previous year's canes very early early medium late very late


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31983L0466

Forty-third Commission Directive 83/466/EEC of 28 July 1983 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 255 , 15/09/1983 P. 0028 - 0030

+++++( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 2 ) OJ NO L 147 , 16 . 6 . 1983 , P . 18 .  FORTY-THIRD COMMISSION DIRECTIVE OF 28 JULY 1983 AMENDING THE ANNEXES TO COUNCIL DIRECTIVE 70/524/EEC CONCERNING ADDITIVES IN FEEDINGSTUFFS ( 83/466/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 FORTY-SECOND COMMISSION DIRECTIVE 83/266/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 CERTAIN COCCIDIOSTATS AND PRESERVATIVES , HITHERTO AUTHORIZED FOR CERTAIN USES AT NATIONAL LEVEL , HAVE BEEN WIDELY TESTED ; WHEREAS THE STUDIES CARRIED OUT AND THE EXPERIENCE GAINED INDICATE THAT THESE ADDITIVES MAY BE AUTHORIZED THROUGHOUT THE COMMUNITY FOR THE USES SPECIFIED ;  WHEREAS NEW USES OF THE ANTIBIOTIC " AVOPARCIN " HAVE BEEN SUCCESSFULLY TESTED IN CERTAIN MEMBER STATES ; WHEREAS THESE NEW USES SHOULD BE PROVISIONALLY AUTHORIZED , AT LEAST AT NATIONAL LEVEL , UNTIL SUCH TIME AS THEY ARE PERMITTED AT COMMUNITY LEVEL ;  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 D " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " :  ( AA ) AGAINST ITEM NO E 755 " METICLORPINDOL " , THE ENTRY " THREE DAYS " RELATING TO CHICKENS FOR FATTENING AND GUINEA FOWL IN THE COLUMN HEADED " OTHER PROVISIONS " IS REPLACED BY THE ENTRY " FIVE DAYS " ;  ( BB ) ITEM NO E 757 " MONENSIN SODIUM " IS SUPPLEMENTED AS FOLLOWS : ( SEE OJ )  ( BB ) THE DATE " 30 NOVEMBER 1983 " IN THE COLUMN HEADED " PERIOD OF AUTHORIZATION " SHALL BE REPLACED BY " 30 NOVEMBER 1984 " FOR ITEM NO 25 " NOSIHEPTIDE " ;  ( B ) IN PART B " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " :  ( AA ) THE DATE " 30 NOVEMBER 1983 " IN THE COLUMN HEADED " PERIOD OF AUTHORIZATION " IS REPLACED BY " 30 NOVEMBER 1984 " FOR THE FOLLOWING ITEMS :  NO 6 NICARBAZINE ,  NO 19 NIFURSOL ,  NO 22 HALOFUGINONE ;  ( BB ) THE DATE " 30 NOVEMBER 1983 " IN THE COLUMN HEADED " PERIOD OF AUTHORIZATION " IS REPLACED BY " 30 JUNE 1984 " FOR THE FOLLOWING ITEMS :  NO 20 AMPROLIUM/SULFAQUINOXALINE/ETHOPABATE ( MIXTURE OF 18 PARTS OF ( A ) , 10,8 PARTS OF ( B ) AND 0,9 PARTS OF ( C ) ) ,  NO 21 AMPROLIUM/SULFAQUINOXALINE/ETHOPABATE/PYRIMETHAMINE ( MIXTURE OF 20 PARTS OF ( A ) , 12 PARTS OF ( B ) , ONE PART OF ( C ) AND ONE PART OF ( D ) ) ;  ( C ) IN PART D " PRESERVATIVES " :  ( AA ) ITEM NO 5 IS REPLACED BY THE FOLLOWING : ( SEE OJ )  ( BB ) THE DATE " 30 NOVEMBER 1983 " IN THE COLUMN HEADED " PERIOD OF AUTHORIZATION " IS REPLACED BY " 30 NOVEMBER 1984 " FOR THE FOLLOWING ITEMS :  NO 16 SODIUM NITRITE ( E 250 ) ,  NO 19 PROPAN-1,2-DIOL ;  ( D ) IN PART G " BINDERS , ANTI-CAKING AGENTS AND COAGULANTS " , THE DATE " 30 NOVEMBER 1983 " IN THE COLUMN HEADED " PERIOD OF AUTHORIZATION " IS REPLACED BY " 30 NOVEMBER 1984 " FOR THE FOLLOWING ITEMS :  NO 1 BENTONITE AND MONTMORILLONITE ,  NO 2 VERMICULITE ,  NO 3 KAOLINITIC CLAYS , FREE OF ASBESTOS ,  NO 4 NATURAL MIXTURES OF STEATITE AND CHLORITE , FREE OF ASBESTOS , OTHER THAN MIXTURE E 554 .  ARTICLE 2  THE MEMBER STATES SHALL , BY 1 DECEMBER 1983 AT THE LATEST , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH ARTICLE 1 ( 1 ) . THEY SHALL IMMEDIATELY INFORM THE COMMISSION THEREOF .  ARTICLE 3  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 28 JULY 1983 .  FOR THE COMMISSION  POUL DALSAGER  MEMBER OF THE COMMISSION


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32002L0029

Commission Directive 2002/29/EC of 19 March 2002 amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the Community

Official Journal L 077 , 20/03/2002 P. 0026 - 0028

Commission Directive 2002/29/ECof 19 March 2002amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the CommunityTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2001/33/EC(2), and in particular the first subparagraph of Article 2(1)(h) thereof,Having regard to Commission Directive 2001/32/EC of 8 May 2001 recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EEC(3) and in particular Article 2 thereof,Whereas:(1) Under Directive 2001/32/EC, Ireland, Italy (Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Lombardia; Trentino-Alto Adige: autonomous province of Bolzano; Veneto), and Austria (Burgenland, Kärnten, Niederösterreich, Osttirol, Steiermark, Wien), were provisionally recognised as "protected zones" in respect of Erwinia amylovora (Burr.) Winsl. et al. for a period expiring on 31 March 2002.(2) Under Directive 2001/32/EC, the United Kingdom was provisionally recognised as a protected zone for beet necrotic yellow vein virus for a period expiring on 31 March 2002.(3) From information supplied by Austria, Ireland and Italy it appears that the provisional recognition of the protected zones for those countries in respect of Erwinia amylovora (Burr.) Winsl. et al. should exceptionally be extended for a further period to enable the responsible official bodies of those countries to complete the information on the distribution of Erwinia amylovora (Burr.) Winsl. et al. and to complete efforts for the eradication of this harmful organism in the areas concerned.(4) From information supplied by Italy it appears that the protected zone of Apulia should no longer be recognised as a permanent protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al. but should now be provisionally recognised as a protected zone as regards Erwinia amylovora (Burr.) Winsl. et al. for a limited period expiring on 31 March 2003 to enable the responsible official bodies to complete the information on the distribution of Erwinia amylovora (Burr.) Winsl. et al. and to complete efforts for the eradication of this harmful organism within this protected zone.(5) From information supplied by Italy it appears that some parts of the province of Veneto should no longer be recognised as protected zones in respect of Erwinia amylovora (Burr.) Winsl. et al. because it appears to be widespread within those zones whilst the provisional recognition as protected zones for other zones in respect of Erwinia amylovora (Burr.) Winsl. et al. should be extended exceptionally for a further limited period.(6) From information supplied by the United Kingdom on the presence of beet necrotic yellow vein virus it appears that it is no longer appropriate to maintain the protected zone for the whole of the United Kingdom in respect of beet necrotic yellow vein virus but should be restricted to Northern Ireland only.(7) Under Directive 2001/32/EC Sweden was recognised as a protected zone on a permanent basis in respect of beet necrotic yellow vein virus. From information supplied by Sweden on the presence of beet necrotic yellow vein virus it appears that Sweden should now be provisionally recognised as a protected zone as regards beet necrotic yellow vein virus for a limited period expiring on 31 March 2003 to enable the responsible official bodies to complete the information on the distribution of beet necrotic yellow vein virus and to complete efforts for the eradication of this harmful organism.(8) The definition of the plants for which protected zones were recognised as regards Citrus tristeza virus should be modified.(9) From information supplied by the United Kingdom based on updated surveys it appears that the protected zone recognised for Dendroctonus micans Kugelan in the United Kingdom should be modified.(10) From information supplied by France based on updated surveys it appears that the protected zone recognised for Matsucoccus feytaudi Duc. in France should no longer be maintained.(11) Directive 2001/32/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 Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 2001/32/EC is hereby amended as follows:1. Article 1 is amended as follows:(a) the second paragraph is replaced by: "In the case of point (b)(2), for Ireland, for Italy (Puglia, Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Lombardia; Trentino-Alto Adige: autonomous province of Bolzano; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes of Palù, Roverchiara, Legnago (the portion of the communal territory situated to the north east of the Transpolesana national road), Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), and for Austria (Burgenland, Kärnten, Niederösterreich, Tirol (administrative district Lienz), Steiermark, Wien), the said zones are recognised until 31 March 2003';"(b) the third paragraph is replaced by: "In the case of point (d)(1), the said zone in Sweden is recognised until 31 March 2003";2. the Annex is amended in accordance with the Annex to this Directive.Article 2Member States shall adopt and publish by 31 March 2002 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 April 2002.When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such a reference is to be made.Article 3This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 19 March 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 10.7.2000, p. 1.(2) OJ L 127, 9.5.2001, p. 42.(3) OJ L 127, 9.5.2001, p. 38.ANNEX1. Under heading (a), in point 4, the entry in the right hand column is replaced by the following: >TABLE>;2. Under heading (a), point 14 is deleted.3. Under heading (b), in point 2, the entry in the right hand column is replaced by the following: >TABLE>;4. Under heading (d), in point 1, in the right hand column, "United Kingdom" is replaced by: "United Kingdom (Northern Ireland)".5. Under heading (d), in point 3, in the left-hand column, "harmful to fruit of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, with leaves and peduncles" is deleted.