title: Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011 amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection  Text with EEA relevance

text:
               19.5.2011

               EN

               Official Journal of the European Union

               L 132/1

         DIRECTIVE 2011/51/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 11 May 2011
   amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a) and (b) thereof,
   Having regard to the proposal from the European Commission,
   Acting in accordance with the ordinary legislative procedure (1),
   Whereas:

               (1)

               Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (2) does not apply to beneficiaries of international protection as defined in Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (3).

               (2)

               The prospect of obtaining long-term resident status in a Member State after a certain time is an important element for the full integration of beneficiaries of international protection in the Member State of residence.

               (3)

               Long-term resident status for beneficiaries of international protection is also important in promoting economic and social cohesion, which is a fundamental objective of the Union as stated in the Treaty on the Functioning of the European Union.

               (4)

               Beneficiaries of international protection should therefore be able to obtain long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.

               (5)

               In view of the right of beneficiaries of international protection to reside in Member States other than the one which granted them international protection, it is necessary to ensure that those other Member States are informed of the protection background of the persons concerned to enable them to comply with their obligations regarding the principle of non-refoulement.

               (6)

               Beneficiaries of international protection who are long-term residents should, under certain conditions, enjoy equality of treatment with citizens of the Member State of residence in a wide range of economic and social matters so that long-term resident status constitutes a genuine instrument for the integration of long-term residents into the society in which they live.

               (7)

               The equality of treatment of beneficiaries of international protection in the Member State which granted them international protection should be without prejudice to the rights and benefits guaranteed under Directive 2004/83/EC and under the Convention Relating to the Status of Refugees of 28 July 1951, as amended by the Protocol signed in New York on 31 January 1967 (‘the Geneva Convention’).

               (8)

               The conditions set out in Directive 2003/109/EC concerning the right of a long-term resident to reside in another Member State and obtain long-term resident status there should apply in the same way to all third-country nationals who have obtained long-term resident status.

               (9)

               Transfer of responsibility for protection of beneficiaries of international protection is outside the scope of this Directive.

               (10)

               Where a Member State intends to expel, on a ground provided for in Directive 2003/109/EC, a beneficiary of international protection who has acquired long-term resident status in that Member State, that person should enjoy the protection against refoulement guaranteed under Directive 2004/83/EC and under Article 33 of the Geneva Convention. For that purpose, where the person enjoys international protection in a Member State other than the one in which that person is currently residing as a long-term resident, it is necessary to provide, unless refoulement is permitted under Directive 2004/83/EC, that that person may be expelled only to the Member State which granted international protection and that that Member State is obliged to readmit that person. The same safeguards should apply to a beneficiary of international protection who has taken up residence but has not yet obtained long-term resident status in a second Member State.

               (11)

               Where the expulsion of a beneficiary of international protection outside the territory of the Union is permitted under Directive 2004/83/EC, Member States should be obliged to ensure that all information is obtained from relevant sources, including, where appropriate, from the Member State that granted international protection, and that it is thoroughly assessed with a view to guaranteeing that the decision to expel that beneficiary is in accordance with Article 4 and Article 19(2) of the Charter of Fundamental Rights of the European Union.

               (12)

               This Directive respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and by the Charter of Fundamental Rights of the European Union, and in particular in Article 7 thereof.

               (13)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (4), Member States are encouraged to draw up, for themselves and in the interest of the Union, their own tables, illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

               (14)

               In accordance with Articles 1 and 2 of the Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.

               (15)

               In accordance with Articles 1 and 2 of the Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2003/109/EC is amended as follows:

               (1)

               in Article 2, point (f) is replaced by the following:

                           ‘(f)

                           “international protection” means international protection as defined in Article 2(a) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (5);

               (2)

               Article 3 is amended as follows:

                           (a)

                           in paragraph 2, points (c) and (d) are replaced by the following:

                                       ‘(c)

                                       are authorised to reside in a Member State on the basis of a form of protection other than international protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status;

                                       (d)

                                       have applied for international protection and whose application has not yet given rise to a final decision;’;

                           (b)

                           in paragraph 3, point (c) is replaced by the following:

                                       ‘(c)

                                       the European Convention on Establishment of 13 December 1955, the European Social Charter of 18 October 1961, the amended European Social Charter of 3 May 1987, the European Convention on the Legal Status of Migrant Workers of 24 November 1977, paragraph 11 of the Schedule to the Convention Relating to the Status of Refugees of 28 July 1951, as amended by the Protocol signed in New York on 31 January 1967, and the European Agreement on Transfer of Responsibility for Refugees of 16 October 1980.’;

               (3)

               Article 4 is amended as follows:

                           (a)

                           the following paragraph is inserted:
                           ‘1a.   Member States shall not grant long-term resident status on the basis of international protection in the event of the revocation of, ending of or refusal to renew international protection as laid down in Articles 14(3) and 19(3) of Directive 2004/83/EC.’;

                           (b)

                           in paragraph 2, the following subparagraph is added:
                           ‘Regarding persons to whom international protection has been granted, at least half of the period between the date of the lodging of the application for international protection on the basis of which that international protection was granted and the date of the grant of the residence permit referred to in Article 24 of Directive 2004/83/EC, or the whole of that period if it exceeds 18 months, shall be taken into account in the calculation of the period referred to in paragraph 1.’;

               (4)

               in Article 8, the following paragraphs are added:
               ‘4.   Where a Member State issues a long-term resident’s EU residence permit to a third-country national to whom it granted international protection, it shall enter the following remark in that long-term resident’s EU residence permit, under the heading “Remarks”: “International protection granted by [name of the Member State] on [date]”.
               5.   Where a long-term resident’s EU residence permit is issued by a second Member State to a third-country national who already has a long-term resident’s EU residence permit issued by another Member State which contains the remark referred to in paragraph 4, the second Member State shall enter the same remark in the long-term resident’s EU residence permit.
               Before the second Member State enters the remark referred to in paragraph 4, it shall request the Member State mentioned in that remark to provide information as to whether the long-term resident is still a beneficiary of international protection. The Member State mentioned in the remark shall reply no later than 1 month after receiving the request for information. Where international protection has been withdrawn by a final decision, the second Member State shall not enter that remark.
               6.   Where, in accordance with the relevant international instruments or national law, responsibility for the international protection of the long-term resident was transferred to the second Member State after the long-term resident’s EU residence permit referred to in paragraph 5 was issued, the second Member State shall amend accordingly the remark referred to in paragraph 4 no later than 3 months after the transfer.’;

               (5)

               in Article 9, the following paragraph is inserted:
               ‘3a.   Member States may withdraw the long-term resident status in the event of the revocation of, ending of or refusal to renew international protection as laid down in Articles 14(3) and 19(3) of Directive 2004/83/EC if the long-term resident status was obtained on the basis of international protection.’;

               (6)

               in Article 11, the following paragraph is inserted:
               ‘4a.   As far as the Member State which granted international protection is concerned, paragraphs 3 and 4 shall be without prejudice to Directive 2004/83/EC.’;

               (7)

               Article 12 is amended as follows:

                           (a)

                           the following paragraphs are inserted:
                           ‘3a.   Where a Member State decides to expel a long-term resident whose long-term resident’s EU residence permit contains the remark referred to in Article 8(4), it shall request the Member State mentioned in that remark to confirm whether the person concerned is still a beneficiary of international protection in that Member State. The Member State mentioned in the remark shall reply no later than 1 month after receiving the request for information.
                           3b.   If the long-term resident is still a beneficiary of international protection in the Member State mentioned in the remark, that person shall be expelled to that Member State, which shall, without prejudice to the applicable Union or national law and to the principle of family unity, immediately readmit, without formalities, that beneficiary and his/her family members.
                           3c.   By way of derogation from paragraph 3b, the Member State which adopted the expulsion decision shall retain the right to remove, in accordance with its international obligations, the long-term resident to a country other than the Member State which granted international protection where that person fulfils the conditions specified in Article 21(2) of Directive 2004/83/EC.’;

                           (b)

                           the following paragraph is added:
                           ‘6.   This Article shall be without prejudice to Article 21(1) of Directive 2004/83/EC.’;

               (8)

               the following Article is inserted:
               ‘Article 19a
               Amendments of long-term resident’s EU residence permits
               1.   Where a long-term resident’s EU residence permit contains the remark referred to in Article 8(4), and where, in accordance with the relevant international instruments or national law, responsibility for the international protection of the long-term resident is transferred to a second Member State before that Member State issues the long-term resident’s EU residence permit referred to in Article 8(5), the second Member State shall ask the Member State which has issued the long-term resident’s EU residence permit to amend that remark accordingly.
               2.   Where a long-term resident is granted international protection in the second Member State before that Member State issued the long-term resident’s EU residence permit referred to in Article 8(5), that Member State shall ask the Member State which has issued the long-term resident’s EU residence permit to amend it in order to enter the remark referred to in Article 8(4).
               3.   Following the request referred to in paragraphs 1 and 2, the Member State which has issued the long-term resident’s EU residence permit shall issue the amended long-term resident’s EU residence permit no later than 3 months after receiving the request from the second Member State.’;

               (9)

               in Article 22, the following paragraph is inserted:
               ‘3a.   Unless, in the meantime, the international protection has been withdrawn or the person falls within one of the categories specified in Article 21(2) of Directive 2004/83/EC, paragraph 3 of this Article shall not apply to third-country nationals whose long-term resident’s EU residence permit issued by the first Member State contains the remark referred to in Article 8(4) of this Directive.
               This paragraph shall be without prejudice to Article 21(1) of Directive 2004/83/EC.’;

               (10)

               in Article 25, the first paragraph is replaced by the following:
               ‘Member States shall appoint contact points who will be responsible for receiving and transmitting the information and documentation referred to in Articles 8, 12, 19, 19a, 22 and 23.’.

         Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 20 May 2013. They shall forthwith inform the Commission thereof.
   When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States in accordance with the Treaties.

      Done at Strasbourg, 11 May 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         GYŐRI E.

      (1)  Position of the European Parliament of 14 December 2010 (not yet published in the Official Journal) and decision of the Council of 11 April 2011.

      (2)  OJ L 16, 23.1.2004, p. 44.

      (3)  OJ L 304, 30.9.2004, p. 12.

      (4)  OJ C 321, 31.12.2003, p. 1.

      (5)  OJ L 304, 30.9.2004, p. 12.’;


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31969L0335

Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital

Official Journal L 249 , 03/10/1969 P. 0025 - 0029 Danish special edition: Series I Chapter 1969(II) P. 0405  English special edition: Series I Chapter 1969(II) P. 0412  Greek special edition: Chapter 09 Volume 1 P. 0020  Spanish special edition: Chapter 09 Volume 1 P. 0022  Portuguese special edition Chapter 09 Volume 1 P. 0022

COUNCIL DIRECTIVE  of 17 July 1969  concerning indirect taxes on the raising of capital  (69/335/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament (1); Having regard to the Opinion of the Economic and Social Committee (2); Whereas the objective of the Treaty is to create an economic union whose characteristics are similar to those of a domestic market and whereas one of the essential conditions for achieving this is the promotion of the free movement of capital; Whereas the indirect taxes on the raising of capital, in force in the Member States at the present time, namely the duty chargeable on contribution of capital to companies and firms and the stamp duty on securities, give rise to discrimination, double taxation and disparities which interfere with the free movement of capital and which, consequently, must be eliminated by harmonisation; Whereas the harmonisation of such taxes on the raising of capital must be arranged in such a way as to minimise the budgetary repercussions for Member States; Whereas the charging of stamp duty by a Member State on securities from other Member States introduced into or issued within its territory is contrary to the concept of a common market whose characteristics are those of a domestic market ; whereas, in addition, it has become evident that the retention of stamp duty on the issue of securities in respect of internal loans and on the introduction or issue on the market of a Member State of foreign securities is both undesirable from the economic point of view and inconsistent with current developments in the tax laws of the Member States in this field; Whereas, in these circumstances, it is advisable to abolish the stamp duty on securities, regardless of the origin of such securities, and regardless of whether they represent a company's own capital or its loan capital; Whereas it is inherent in the concept of a common market whose characteristics are those of a domestic market that duty on the raising of capital within the common market by a company or firm should be charged only once and that the level of this duty should be the same in all Member States so as not to interfere with the movement of capital; Whereas, therefore, this duty should be harmonised, with regard both to its structures and to its rates; Whereas the retention of other indirect taxes with the same characteristics as the capital duty or the stamp duty on securities might frustrate the purpose of the measures provided for in this Directive and those taxes should therefore be abolished; HAS ADOPTED THIS DIRECTIVE:       Article 1  Member States shall charge on contributions of capital to capital companies a duty harmonised in accordance with the provisions of Articles 2 to 9 and hereinafter called "capital duty".     Article 2  1. Transactions subject to capital duty shall only be taxable in the Member State in whose territory the effective centre of management of a capital company is situated at the time when such transactions take place.  (1) OJ No 119, 3.7.1965, p. 2057/65. (2) OJ No 134, 23.7.1965, p. 2227/65.    2. When the effective centre of management of a capital company is situated in a third country and its registered office is situated in a Member State, transactions subject to capital duty shall be taxable in the Member State where the registered office is situated.   3. When the registered office and the effective centre of management of a capital company are situated in a third country, the supplying of fixed or working capital to a branch situated in a Member State may be taxed in the Member State in whose territory the branch is situated.     Article 3  1. For the purposes of this Directive the expression "capital company" means: (a) companies under Belgian, German, French, Italian, Luxembourg and Netherlands law (*) known respectively as: - société anonyme/naamloze vennootschap, Aktiengesellschaft, société anonyme, società per azioni, société anonyme, naamloze vennootschap; - société en commandite par actions/commanditaire vennootschap op aandelen, Kommanditgesellschaft auf Aktien, société en commandite par actions, società in accomandita per azioni, société en commandite par actions, commanditaire vennootschap op aandelen; - société de personnes à responsabilité limitée/ personenvennootschap met beperkte aansprakelijkheid, Gesellschaft mit beschränkter Haftung, société à responsabilité limitée, società a responsabilità limitata, société à responsabilité limitée; (b) any company, firm, association or legal person the shares in whose capital or assets can be dealt in on a stock exchange; (c) any company, firm, association or legal person operating for profit, whose members have the right to dispose of their shares to third parties without prior authorisation and are only responsible for the debts of the company, firm, association or legal person to the extent of their shares.   2. For the purposes of the application of this Directive, any other company, firm, association or legal person operating for profit shall be deemed to be a capital company. However, a Member State shall have the right not to consider it as such for the purpose of charging capital duty.     Article 4  1. The following transactions shall be subject to capital duty: (a) the formation of a capital company; (b) the conversion into a capital company of a company, firm, association or legal person which is not a capital company; (c) an increase in the capital of a capital company by contribution of assets of any kind; (d) an increase in the assets of a capital company by contribution of assets of any kind, in consideration, not of shares in the capital or assets of the company, but of rights of the same kind as those of members, such as voting rights, a share in the profits or a share in the surplus upon liquidation; (e) the transfer from a third country to a Member State of the effective centre of management of a company, firm, association or legal person, whose registered office is in a third country and which is considered in that Member State, for the purposes of charging capital duty, as a capital company; (f) the transfer from a third country to a Member State of the registered office of a company, firm, association or legal person, whose effective centre of management is in a third country and which is considered in that Member State, for the purposes of charging capital duty, as a capital company; (g) the transfer from a Member State to another Member State of the effective centre of management of a company, firm, association or legal person which is considered in the latter Member State, for the purposes of charging capital duty, as a capital company, but is not so considered in the other Member State;   (h) the transfer from a Member State to another Member State of the registered office of a  (*) The technical adaptation work has resulted in the following being presented by the Commission to the Council In Article 3 (1)(a)   - substitute a comma for the word "and" - add after the word "Netherlands" : "United Kingdom, Irish, Danish and Norwegian" - in the first indented paragraph, add after the words : "naamloze vennootschap": "companies incorporated with limited liability, companies with limited liabilty which are formed and registered under the Companies Acts or the Joint Stock Companies Acts or which are incorporated by charter or private Act of Parliament, Aktieselskab, Aksjeselskap." - in the second indented paragraph, add after the words "commanditaire vennootschap op aandelen": "Kommandit-aktieselskab, Kommandittaksjeselskap".       company, firm, association or legal person, whose effective centre of management is in a third country and which is considered in the latter Member State, for the purposes of charging capital duty, as a capital company, but is not so considered in the other Member State.    2. The following transactions may be subject to capital duty: (a) an increase in the capital of a capital company by capitalisation of profits or of permanent or temporary reserves; (b) an increase in the assets of a capital company through the provision of services by a member which do not entail an increase in the company's capital, but which do result in variation in the rights in the company or which may increase the value of the company's shares; (c) a loan taken up by a capital company, if the creditor is entitled to a share in the profits of the company; (d) a loan taken up by a capital company with a member or a member's spouse or child, or a loan taken up with a third party, if it is guaranteed by a member, on condition that such loans have the same function as an increase in the company's capital.   3. Formation, within the meaning of paragraph 1 (a), shall not include any alteration of the constituent instrument or regulations of a capital company, and in particular: (a) the conversion of a capital company into a different type of capital company; (b) the transfer from a Member State to another Member State of the effective centre of management or of the registered office of a company, firm, association or legal person which is considered in both Member States, for the purposes of charging capital duty, as a capital company; (c) a change in the objects of a capital company; (d) the extension of the period of existence of a capital company.     Article 5  1. The duty shall be charged: (a) in the case of formation of a capital company or of an increase in its capital or assets, as referred to in Article 4 (1) (a), (c) and (d) : on the actual value of assets of any kind contributed or to be contributed by the members, after the deduction of liabilities assumed and of expenses borne by the company as a result of each contribution. Member States may postpone the charging of capital duty until the contributions have been effected; (b) in the case of conversion into a capital company or of the transfer of the effective centre of management or of the registered office of a capital company, as referred to in Article 4 (1) (b), (e), (f), (g) and (h) ; on the actual value of the assets of any kind belonging to the company at the time of the conversion or transfer, after the deduction of liabilities and expenses for which the company is responsible at that time; (c) in the case of an increase in the capital by capitalisation of profits reserves, or provisions, as referred to in Article 4 (2) (a) : on the nominal amount of such increase; (d) in the case of an increase in the assets, as referred to in Article 4 (2) (b) : on the actual value of the services provided, after deduction of the liabilities assumed and the expenses borne by the company as a result of the provision of such services; (e) in the case of loans referred to in Article 4 (2) (c) and (d) : on the nominal amount of the loan taken up.   2. In the cases referred to in paragraph 1 (a), (b) and (c), the amount on which the duty is charged shall not, however, be less than the actual value of the shares in the company allotted or belonging to each member or the nominal amount of such shares if the latter exceeds their actual value.   3. The amount on which the duty is charged in the case of an increase in capital shall not include: - the amount of the assets belonging to the capital company which are allocated to the increase in capital and which have already been subjected to capital duty; - the amount of the loans taken up by the capital company which are converted into shares in the company and which have already been subjected to capital duty.     Article 6  1. Each Member State may exclude from the basis of assessment, as determined in accordance with Article 5, the amount of the capital contributed by a member with unlimited liability for the obligations of a capital company as well as the share of such a member in the company's assets.   2. Where a Member State exercises the power provided for in paragraph 1, the following shall be subject to capital duty:  - the transfer of the effective centre of management of a capital company to another Member State which does not exercise that power; - the transfer of the registered office of a capital company whose effective centre of management is in a third country to another Member State which does not exercise that power; - any transaction as a result of which the liability of a member is limited to his share in the company's capital, in particular when the limitation of liability results from the conversion of a capital company into a different type of capital company. Capital duty shall be charged in all such cases on the value of the share in the company's assets belonging to members with unlimited liability for the company's obligations.     Article 7  1. Until the entry into force of the provisions to be adopted by the Council in accordance with paragraph 2: (a) the rate of capital duty may not exceed 2 % or be less than 1 %; (b) this rate shall be reduced by 50 % or more when one or more capital companies transfer all their assets and liabilities, or one or more parts of their business to one or more capital companies which are in the process of being formed or which are already in existence. This reduction shall be subject to the condition that: - the consideration for the contributions shall consist exclusively of the allocation of shares in the company or companies, although Member States shall have the right to extend application of the reduction to cases in which the consideration for contributions consists of the allocation of shares in the company or companies together with a payment in cash not exceeding 10 % of the nominal value of the shares; - the companies taking part in the transaction have their effective centre of management or their registered office within the territory of a Member State; (c) the rate of capital duty may be reduced to 0.5 % until 1 January 1973 and to 1 % from that date in the case of formation of, or increase in, the capital of holding or investment companies whose sole object is the holding of shares in other undertakings and the management and turning to profitable account of such shares, subject to the condition that such companies do not engage in industry or commerce on their own account and do not operate a commercial establishment open to the public.   2. In order to enable the Council to determine the common rates for capital duty before the end of the transitional period, the Commission shall submit a proposal to the Council on this subject before 1 January 1971.   3. In the case of an increase in a company's capital in accordance with Article 4 (1) (c), following a reduction in the company's capital as a result of losses sustained, the rate may be reduced for that part of the increase which corresponds to the reduction in capital, if this increase occurs within four years of the reduction in capital.   4. Where a Member State exercises the power provided for in Article 4 (2), capital duty may be charged at a reduced rate.     Article 8  A Member State may partially or totally exempt from capital duty the transactions referred to in Article 4 (1) and (2) relating to: - capital companies which supply public services, such as public transport undertakings, port authorities or undertakings supplying water, gas or electricity, in cases where the State or regional or local authorities own at least half of the company's capital; - capital companies which, in accordance with their regulations and in fact, pursue exclusively and directly cultural, charitable, relief or educational objectives.     Article 9  Certain types of transactions or of capital companies may be the subject of exemptions, reductions or increases in rates in order to achieve fairness in taxation, or for social considerations, or to enable a Member State to deal with special situations. The Member State which proposes to take such a measure shall refer the matter to the Commission in good time, having regard to the application of Article 102 of the Treaty.     Article 10  Apart from capital duty, Member States shall not charge, with regard to companies, firms, associations  or legal persons operating for profit, any taxes whatsoever: (a) in respect of the transactions referred to in Article 4; (b) in respect of contributions, loans or the provision of services, occurring as part of the transactions referred to in Article 4; (c) in respect of registration or any other formality required before the commencement of business to which a company, firm, association or legal person operating for profit may be subject by reason of its legal form.     Article 11  Member States shall not subject to any form of taxation whatsoever: (a) the creation, issue, admission to quotation on a stock exchange, making available on the market or dealing in stocks, shares or other securities of the same type, or of the certificates representing such securities, by whomsoever issued; (b) loans, including government bonds, raised by the issue of debentures or other negotiable securities, by whomsoever issued, or any formalities relating thereto, or the creation, issue, admission to quotation on a stock exchange, making available on the market or dealing in such debentures or other negotiable securities.     Article 12  1. Notwithstanding Articles 10 and 11, Member States may charge: (a) duties on the transfer of securities, whether charged at a flat rate or not; (b) transfer duties, including land registration taxes, on the transfer, to a company, firm, association or legal person operating for profit, of businesses or immovable property situated within their territory; (c) transfer duties on assets of any kind transferred to a company, firm, association or legal person operating for profit, in so far as such property is transferred for a consideration other than shares in the company; (d) duties on the creation, registration or discharge of mortgages or other charges on land or other property; (e) duties paid by way of fees or dues; (f) value added tax.   2. The duties and taxes referred to in paragraph 1 (b), (c), (d) and (e) shall be the same, whether the effective centre of management or the registered office of the company, firm, association or legal person operating for profit is situated within the territory of the Member State charging the duties or taxes or not ; nor may these duties and taxes exceed those which are applicable to like transactions in the Member State charging them.     Article 13  Member States shall bring into force by 1 January 1972 such provisions by way of law, regulation or administrative action as may be necessary to comply with the provisions of this Directive and shall forthwith inform the Commission thereof.     Article 14  Member States shall ensure that the texts of the main provisions of internal law which they subsequently adopt in the field covered by this Directive are forwarded to the Commission.     Article 15  This Directive is addressed to the Member States.Done at Brussels, 17 July 1969. For the Council The President H.J. WITTEVEEN


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31989L0429

Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste-incineration plants

Official Journal L 203 , 15/07/1989 P. 0050 - 0054 Finnish special edition: Chapter 15 Volume 9 P. 0081  Swedish special edition: Chapter 15 Volume 9 P. 0081

*****COUNCIL  DIRECTIVE  of 21 June 1989  on the reduction of air pollution from existing municipal waste-incineration plants  (89/429/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the 1973 (4), 1977 (5), 1983 (6) and 1987 (7) European Community action programmes on the environment stress the importance of the prevention and reduction of air pollution;  Whereas the Council resolution of 19 October 1987 on the action programme on the environment for 1987 to 1992 (7) states that it is important for Community action to concentrate, inter alia, on implementation of appropriate standards in order to ensure a high level of public health and environmental protection;  Whereas Council Directive 75/442/EEC of 15 July 1975 on waste (8) provides that waste must be disposed of without endangering human health and without harming the environment; whereas, to this end, the same Directive stipulates that any installation or undertaking treating waste must obtain a permit from the competent authority relating, inter alia, to the precautions to be taken;  Whereas Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants (9) provides that Member States shall apply policies and strategies, including appropriate measures, for the gradual adaptation of existing plants to the best available technology not entailing excessive costs; whereas these provisions apply, inter alia, with regard to existing municipal waste-incineration plants;  Whereas Directive 84/360/EEC stipulates that the Council, acting unanimously on a proposal from the Commission, shall, if necessary, fix emission limit values based on the best available technology not entailing excessive costs and suitable measurement techniques and mehtods;  Whereas incineration of municipal waste gives rise to emissions of substances which can cause air pollution and thereby harm public health and the environment; whereas in some cases this pollution may have transboundary features;  Whereas the techniques for reducing emissions of certain pollutants from municipal waste-incineration plants are well established; whereas they can be implemented in existing incineration plants on a gradual basis bearing in mind the technical features of the plants and the advisability of not entailing excessive costs; whereas they provide a means of attaining concentrations of pollutants in the combustion gases not exceeding certain limit values;  Whereas all the Member States have laws, regulations and administrative provisions concerning the combating of air pollution from stationary plants and whereas several Member States have specific provisions on municipal wast-incineration plants;  Whereas the Community, by fixing emission limit values and other pollution prevention requirements, helps to increase the effectiveness of the action taken by the Member States to combat air pollution from municipal waste-incineration plants;  Whereas, in order rapidly to ensure an effective protection of the environment, appropriate time limits should be laid down for adapting existing incineration plants to the best available technology not entailing excessive costs; whereas it is appropriate that in the end all existing municipal waste-incineration plants should comply with the same conditions as those which apply, according to their respective category, to new plants;  Whereas the requirements to be imposed on existing plants must include the obligation to comply with both the limit values for the emission of the most significant pollutants and appropriate combustion conditions; whereas, in fixing these combustion conditions, account must be taken of any major technical difficulties which might arise; whereas provision must be made for appropriate measurements and verifications at the incineration plants and whereas the public must be informed of the results obtaines;  Whereas account should be taken of the problem posed by the emission of dioxins and furans;  Whereas, as well as establishing emission limit values, it is important to encourage the development and dissemination of knowledge and use of clean technology as part of the preventive efforts to combat environmental pollution in the Community especially regarding waste disposal;  Whereas, in accordance with Article 130t of the Treaty, the adoption of such Community provisions does not prevent any Member State from maintaining or introducing more stringent measures for the protection of the environment compatible with the Treaty,  HAS ADOPTED THIS DIRECTIVE:  Article 1  For the purposes of this Directive:  1. 'Air pollution' shall mean the introduction by man, directly or indirectly, of substances or energy into the air resulting in deleterious effects of such a nature as to endanger human health, harm living resources and ecosystems and material property and impair or interfere with amenities and other legitimate uses of the environment.  2. 'Emission limit value' shall mean the concentration and/or mass of polluting sustances which is not to be exceeded in emissions from plants during a specified period.  3. 'Municipal waste' shall mean domestic refuse, as well as commercial or trade refuse and other waste which, because of its nature or composition, is similar to domestic refuse.  4. 'Municipal waste-incineration plant' shall mean any technical equipment used for the treatment of municipal waste by incineration, with or without recovery of the combustion heat generated, but excluding plants used specifically for the incineration of sewage sludge, chemical, toxic and dangerous waste, medical waste from hospitals or other types of special waste, on land or at sea, even if these plants may burn municipal waste as well.  This definition covers the site and the entire installation comprising the incinerator, its waste, fuel and air-supply systems and the devices and systems for checking incineration operations and continuously recording and monitoring incineration conditions.  5. 'Existing municipal waste-incineration plant' shall mean a municipal waste-incineration plant for which the first authorization to operate is granted before 1 December 1990.  6. 'Nominal capacity of the incineration plant' shall mean the sum of the incineration capacities of the furnaces of which the plant is composed, as specified by the constructor and confirmed by the operator, with due account being taken, in particular, of the calorific value of the waste, expressed as the quantity of waste incinerated per hour.  Article 2  In accordance with Article 13 of Directive 84/360/EEC, Member States shall take appropriate measures to ensure that the operation of existing municipal waste-incineration plants are subject:  (a) in the case of plants with a nominal capacity equal to or more than 6 tonnes of waste per hour: by 1 December 1996, to the same conditions as those imposed on new incineration plants of the same capacity under the terms of Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste-incineration plants (1), except with regard to the provisions of Article 4, which shall be replaced by those of Article 4 of this Directive;  (b) in the case of other plants:  (i) by 1 December 1995, to the conditions laid down by Articles 3 to 7 of this Directive;  (ii) by 1 December 2000, to the same conditions as those imposed on new incineration plants of the same capacity under the terms of Directive 89/369/EEC, except with regard to the provisions of Article 4, which shall be replaced by those of Article 4 of this Directive.  The competent authorities shall see to it that any adaptation of existing plants, as decided upon on the basis of their remaining life span and of the time limits and conditions laid down by this Directive, is carried out as soon as possible.  Article 3  1. By 1 December 1995, the following emission limit values, standardized at the following conditions: temperature 273 K, pressure 101,3 kPa, 11 % oxygen or 9 % CO2 and dry gas, shall apply to existing municipal waste incineration plants:  (a) plants whose nominal capacity is less than 6 tonnes of waste per hour but at least one tonne per hour:  - total dust 100 mg/nm3;  (b) plants whose nominal capacity is less than one tonne of waste per hour:  - total dust 600 mg/nm3.  2. In regard to plants with a capacity of less than one tonne per hour, the emission limit values may refer to an oxygen level of 17 %. In this case, the concentration values may not exceed those laid down in paragraph 1, divided by 2,5.  3. The competent authorities shall lay down emission limit values for pollutants other than those mentioned in paragraph 1 when they consider this to be appropriate because of the composition of the waste to be incinerated and of the characteristics of the incineration plant. For the purposes of laying down these emission limit values, the authorities shall take account of the potential harmful effects of the pollutants in question on human health and the environment and of the best available technology not entailing excessive costs. In particular, the competent authorities may fix emission limit values for dioxins and furans.  Article 4  1. (a) By 1 December 1996, existing municipal waste-incineration plants with a capacity of a least 6 tonnes per hour must comply with the following combustion conditions: the gases resulting from the combustion of the waste must be raised, after the last injection of combustion air and even under the most unfavourable conditions, to a temperature of a least 850 °C for at least two seconds in the presence of at least 6 % oxygen. However, in the event of major technical difficulties, the provisions concerning the two-second period shall be implemented at the latest when the furnaces are replaced.  (b) By 1 December 1995, other existing municipal waste-incineration plants must comply with the following combustion conditions: the gases resulting from the combustion of the waste must be raised, after the last injection of combustion air and even under the most unfavourable conditions, to a temperature of at least 850 °C, in the presence of at least 6 % oxygen, for a sufficient period of time to be determined by the competent authorities.  2. Within the time limits laid down in paragraph 1 for each category of plant respectively, all existing municipal waste-incineration plants shall observe a limit value of 100 mg/nm3 for the carbon monoxide (CO) concentration in the combustion gases while in operation.  This limit value shall be standardized at the following conditions: temperature 273 K, pressure 101,3kPa, 11 % oxygen or 9 % CO2 and dry gas.  3. Conditions different from those laid down in paragraph 1 may be authorized if appropriate techniques are used in the incineration furnaces or combustion-gas treatment equipment, provided that the levels of polychlorinated dibenzodioxins (PCDDs) and of polychlorinated dibenzofurans (PCDFs) emitted are equivalent to, or lower than, those obtained with the technical conditions laid down in paragraph 1.  Decisions taken under this paragraph shall be communicated to the Commission by the competent authorities designated for this purpose by the Member States.  Article 5  1. The temperature and oxygen content laid down in Article 4 (1) are minimum values to be observed at all times when the plant is in operation.  2. The carbon monoxide (CO) concentration laid down in Article 4 (2) is:  (a) in the case of plants of a nominal capacity of 6 tonnes per hour or more, the limit value for the hourly average. In addition, at least 90 % of all measurements taken in any 24-hour period must be below 150 mg/nm3;  (b) in the case of plants of a nominal capacity of less than 6 tonnes per hour at least 1 tonne per hour, the limit value for the hourly average;  (c) in the case of plants of a nominal capacity of less than 1 tonne per hour the limit value for the daily average. The above averages shall be calculated by taking into account only the hours in which the plant is actually in operation, including the start-up and shut-off periods.  3. In the case of dust to be continuously monitored under Article 6:  (a) none of the moving seven-day averages of the concentration values measured for these substances may exceed the corresponding limit values;  (b) none of the daily averages of the concentration values measured for these substances may exceed the corresponding limit value by more than 30 %.  For the purposes of calculating the abovementioned average values, only the periods in which the plant is actually in operation shall be taken into account, including the start-up and shut-off periods.  4. In the case of total dust, wherever periodic measurements are required under Article 6, the concentration values measured in accordance with the rules laid down by the competent authorities under Article 6 (3), (4) and (5) must not exceed the limit value.  Article 6  1. By 1 December 1995, the following measurements shall be required for the existing plants referred to in Article 2 (b):  (a) concentrations of certain substances in the combustion gases:  (i) concentrations of total dust, CO and oxygen shall be continuously measured and recorded in the case of plants of a nominal capacity of 1 tonne per hour or more;  (ii) the following shall be measured periodically:  - at existing plants with a nominal capacity of less than 1 tonne of waste per hour, the concentration of total dust, oxygen and CO;  (b) operating parameters:  (i) the temperature of the gases in the area where the conditions imposed by Article 4 (1) are satisfied shall be continuously measured and recorded;  (ii) the reference time of the combustion gases at the minimum temperature of 850 °C specified in Article 4 (1), under the most unfavourable operating conditions envisaged for the plant, must be the subject of appropriate verifications at least once after any adaptation of the plant and, in any event, before 1 December 1995.  2. The results of the measurements referred to in paragraph 1 shall be standardized at the following conditions:  - temperature 273 K, pressure 101,3 kPa, 11 % oxygen or 9 % Co2, dry gas.  Where Article 3 (2) is applied, however, they may be standardized at the following conditions:  - temperature 273 K, pressure 101,3 kPa, 17 % oxygen, dry gas.  3. All the measurement results shall be recorded, processed and presented in an appropriate fashion so that the competent authorities can verify compliance with the conditions laid down, in accordance with procedures to be decided upon by those authorities.  4. The sampling and measurement procedures, methods and equipment used to satify the obligations imposed by paragraph 1 and the location of the sampling or measurement points shall require the prior approval of the competent authorities.  5. For the periodic measurements, the competent authorities shall lay down appropriate measurement programmes to ensure that the results are representative of the normal level of emissions of the substances concerned.  The results obtained must be suitable for verifying that the limit values applicable have been observed.  Article 7  1. Should the measurements taken show that the limit values laid down in this Directive have been exceeded, the competent authority shall be informed as soon as possible. It shall ensure that the plant concerned does not continue to operate while failing to comply with emission standards and shall take the necessary measures to ensure it is modified or no longer operated.  2. The competent authorities shall lay down the maximum permissible period of any technically unavoidable stoppages of the purification devices during which the concentrations in the discharges into the air of the substances which these devices are intended to reduce exceed the limit values laid down. In case of a breakdown the operator shall reduce or close down operations as soon as practicable and until normal operations can be restored. Under no circumstances may the plant continue to operate more than 16 hours uninterrupted; moreover the cumulative duration over a year of operation in such conditions shall be less than 200 hours.  The dust content of the discharges shall under no circumstances exceed 600 mg/nm3 during the periods referred to in the preceding subparagraqph and all the other conditions, in particular the combustion conditions, shall be complied with. Article 8  In accordance with appropriate procedures and in the form decided upon by the competent authorities, information on the obligations imposed in respect of existing incineration plants pursuant to this Directive and on the results of the controls provided for in Articles 5 and 6 shall be made available to the public, subject to respect of provisions applicable in respect of commercial secrecy.  Article 9  Member States shall take the necessary measures to ensure that compliance with the conditions imposed on existing incineration plants pursuant to this Directive is verified by the competent authorities.  Article 10  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 December 1990. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.  Article 11  This Directive is addressed to the Member States.  Done at Luxembourg, 21 June 1989.  For the Council  The President  C. ARANZADI  (1) OJ No C 75, 23. 3. 1988, p. 8.  (2) OJ No C 69, 20. 3. 1989, p. 223.  (3) OJ No C 318, 12. 12. 1988, p. 3.  (4) OJ No C 112, 20. 12. 1973, p. 1.  (5) OJ No C 139, 13. 6. 1977, p. 1.  (6) OJ No C 46, 17. 2. 1983, p. 1.  (7) OJ No C 328, 7. 12. 1987, p. 1.  (8) OJ No L 194, 25. 7. 1975, p. 47.  (9) OJ No L 188, 16. 7. 1984, p. 20.  (1) OJ No L 163, 14. 6. 1989, p. 32.


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31988L0366

Commission Directive 88/366/EEC of 17 May 1988 on the adaptation to technical progress of Council Directive 77/649/EEC on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers

Official Journal L 181 , 12/07/1988 P. 0040 - 0044 Finnish special edition: Chapter 13 Volume 17 P. 0072  Swedish special edition: Chapter 13 Volume 17 P. 0072

*****COMMISSION  DIRECTIVE  of 17 May 1988  on the adaptation to technical progress of Council Directive 77/649/EEC on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers  (88/366/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (1), as last amended by Directive 87/403/EEC (2), and in particular Article 11 thereof,  Having regard to Council Regulation (EEC) No 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers (3), as amended by Directive 81/643/EEC (4), and in particular Article 5 thereof,  Whereas vehicle design has developed, in particular as a result of the influence of aerodynamic research intended to save fuel, which has often caused windscreen posts to be quite considerably raked; whereas the current requirements relating to the binocular obstruction due to windscreen posts should be amended in order to alleviate the difficulties encountered by manufacturers in producing vehicles having optimum drag coefficients (Cd);  Whereas practical experience has demonstrated the need also to amend certain requirements relating 'to radio aerials' and 'defrosting/demisting' conductors which are integral with the windscreen in order to enable optimum quality and performance to be obtained which are compatible with highest-performance radio installations, and to permit an increase in the performance and efficiency of windscreen defrosting and demisting while maintaining good optical quality and without obstructing the field of vision;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives aimed at the Removal of Technical Barriers to Trade in the Motor Vehicles Sector,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The list of Annexes and Annexes I and IV to Directive 77/649/EEC are amended in accordance with the Annex to this Directive.  Article 2  Member States shall bring into force the provisions necessary in order to comply with this Directive not later than 1 October 1988 and shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 17 May 1988.  For the Commission  COCKFIELD  Vice-President  (1) OJ No L 42, 23. 2. 1970, p. 1.  (2) OJ No L 220, 8. 8. 1987, p. 44.  (3) OJ No L 267, 19. 10. 1977, p. 1.  (4) OJ No L 231, 15. 8. 1981, p. 41.  ANNEX  The list of Annexes is amended as follows:  'Appendix: Figures 1 and 2' is added after Annex III,  'Appendix: Figures 1 to 7' is added after Annex IV.  Annex I is amended as follows:  Points 5.1.2 to 5.1.2.1.2 are replaced by the following points:  1.2 // '5.1.2.   // The angle of bosdtruction for each "A" pillar, as described in point 5.1.2.1, shall not exceed 6° (cf. Annex IV, Appendix, Figure 3).   //   // The angle of obstruction of the "A" pillar on the passenger side, as described in point 5.1.2.1.2, need not be determined if the two pillars are located symmetrically in relation to the median longitudinal vertical plane of the vehicle.   // 5.1.2.1.  // The angle of obstruction of each "A" pillar shall be measured by superimposing in a plane the following two horizontal sections:   //   // Section 1: Starting from the Pm point situated at the location defined in point 5.3.1.1, draw a plane forming an angle of 2° upwards in relation to the horizontal plane passing forward through Pm. Determine the horizontal section of the "A" pillar starting from the foremost point of the intersection of the "A" pillar and the inclined plane (cf. Annex IV, Appendix, Figure 2).  //  // Section 2: Repeat the same procedure, taking a plane declining at an angle of 5° downwards in relation to the horizontal plane passing forward through Pm (cf. Annex IV, Appendix, Figure 2).  // 5.1.2.1.1.   // The angle of obstruction of the "A" pillar on the driver's side is the angle formed on the plane view by a parallel, starting from E2, to the tangent joining E1 with the outer edge of Section S2 and the tangent joining E2 with the inner edge of Section S1 (cf. Annex IV, Appendix, Figure 3).  // 5.1.2.1.2.   // The angle of obstruction of the "A" pillar on the passenger side is the angle formed on the plane view by the tangent joining E3 to the inner edge of Section S1 and a parallel, starting from E3, to the tangent joining E4 to the outer edge of Section S2 (cf. Annex IV, Appendix, Figure 3)'.  Point 5.1.3 is replaced by the following:  1.2 // '5.1.3.   // Other than the obstructions created by the "A" pillars, the fixed or movable vent or side window division bars, outside radio aerials, rear-view mirrors and windscreen wipers, there should be no obstruction in the driver's 180° forward direct field of vision below a horizontal plane passing through V1, and above three planes through V2, one being perpendicular to the plane X - Z and declining forward 4° below the horizontal, and the other two being perpendicular to the plane Y - Z and declining 4° below the horizontal (see Annex IV, Figure 4).   //   // The following are not considered to be obstructions to the field of vision:  //   // - embedded or printed "radio aerial" conductors no wider than the following:   //   // - embedded conductors: 0,5 millimetres,   //   // - printed conductors: 1,0 millimetres.  //   // These "radio aerial" conductors shall not cross zone A, as defined in Directive 78/318/EEC, relating to the wiper and washer systems of motor vehicles (1). However, three "radio aerial" conductors may cross zone A if their width does not  (1) OJ No L 81, 28. 3. 1978, p. 49.   //  // - within zone A "defrosting/demisting" conductors normally in "zigzag" or sinusoidal form having the following dimensions:   //   // - maximum visible width: 0,030 millimetres,   //   // - maximum conductor density:   //   // - if the conductors are vertical: 8/cm,   //   // - if the conductors are horizontal: 5/cm.'  Point 5.3.1.1 is replaced by the following:  1.2 // '5.3.1.1.   // Table II sets out the base coordinates for a design seat-back angle of 25°. The positive direction of the coordinates is set out in Annex IV, Appendix, Figure 1.  //   // The Pm point is the point of intersection between the straight line P1, P2 and the longitudinal vertical plane passing through the R point.  TABLE II  1.2.3.4.5 //  //  //  //  //  //  // Point P   // X   // Y  // Z   //    //   //   //   //   //   // P1   // 35 mm   // 20 mm   // 627 mm   //    //   //   //   //   //   // P2  // 63 mm   // 47 mm   // 627 mm   //    //   //   //   //  //   // Pm   // 43,36 mm   // 0 mm   // 627 mm'   //    //  //   //   //  Point 5.5.2 is replaced by the following:  1.2 // '5.5.2.   // The straight line joining E1 and E2 is rotated about P1 until the tangent joining E1 to the outer edge of Section 2 of the A-pillar on the driver's side is normal to the straight line E1 - E2 (cf. Annex IV, Appendix, Figure 3).'  Points 5.5.2.1 and 5.5.2.2 are deleted.  Point 5.5.4 is replaced by the following:  1.2 // '5.5.4.   // The straight line E3 - E4 is rotated about P2 until the tangent joining E4 to the outer edge of Section 2 of the A-pillar on the passenger's side is normal to the straight line E3 - E4 (cf. Annex IV, Appendix, Figure 3)'.  Point 6.1.4 is replaced by the following:  1.2 // '6.1.4.   // The angle of obstruction (see 5.1.2) shall be measured in the inclined planes as indicated in Annex IV, Appendix, Figure 2. The relationship between P1 and P2, which are connected to E1 and E2, and E3 and E4, respectively, is shown in Annex IV, Appendix, Figure 5.'  Point 6.1.4.1 and 6.1.4.2 are replaced by the following:  1.2 // '6.1.4.1.   // Straight line E1 - E2 shall be set as described in 5.5.2. The angle of obstruction of the A-pillar on the driver's side shall then be measured as specified in point 5.1.2.1.1.   // 6.1.4.2.   // Straight line E3 - E4 shall be set as described in 5.5.4. The angle of obstruction of the A-pillar on the passenger side shall then be measured as specified in point 5.1.2.1.2.'  The new point 6.1.5 as follows is added:  1.2 // '6.1.5.   // The manufacturer may measure the angle of obstruction either on the vehicle or in the drawings. In case of doubt the technical services may require the tests to be carried out on the vehicle.'  Annex IV is amended as follows:  Insert 'Appendix' before the figures.  Figure 2 shall be replaced by the following Figure 2:  "Figure 2  " The following new Figure 3 is added after Figure 2:  "Figure 3  parallel to -  Angle of obstruction  of the A-pillar on the  passenger side  Angle of obstruction of the A-pillar  on the driver's side.  parallel to -  "  Figures 3, 4, 5 and 6 become, respectively, Figures 4, 5, 6 and 7. exceed 0,5 millimetres


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31984L0538

Council Directive 84/538/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers

Official Journal L 300 , 19/11/1984 P. 0171 - 0178 Spanish special edition: Chapter 15 Volume 5 P. 0114  Portuguese special edition Chapter 15 Volume 5 P. 0114  Finnish special edition: Chapter 15 Volume 6 P. 0192  Swedish special edition: Chapter 15 Volume 6 P. 0192

COUNCIL DIRECTIVE of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers (84/538/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the technical requirements with which lawnmowers must comply under the terms of the national laws concern, inter alia, their noise emission ; whereas these requirements differ from one Member State to another whereas, through their disparities, they hamper trade within the European Community;  Whereas these obstacles to the establishment and operation of the common market can be reduced or even removed if the same requirements are adopted by all the Member States in place of their existing laws;  Whereas the main objective of the provisions of this Directive is to ensure protection against nuisances due to noise by reducing the inconvenience caused by the noises emitted by lawnmowers;  Whereas it is therefore necessary to determine at Community level the permissible upper limits for noise emissions from lawnmowers and a common method for measuring such emissions;  Whereas it is desirable to bring to the attention of the consumer the acoustic quality of lawnmowers ; whereas an effective method of informing the consumer is to require that each lawnmower should be marked with the level of its acoustic force ; whereas it is, however, pointless to require this mark on lawnmowers which are not noisy by construction, such as electric lawnmowers with a small cutting-width;  Whereas the conformity of lawnmowers with this Directive may be presumed by virtue of the certificate of conformity issued by the manufacturer, or by the importer resident in the Community ; whereas the Member States must recognize such certificates as conclusive evidence, thus ensuring the free movement of lawnmowers throughout the Community;  Whereas, without prejudice to Articles 169 and 170 of the Treaty, it is advisable, within the framework of cooperation between the competent authorities of the Member States, to lay down provisions to help resolve disputes of a technical nature regarding the conformity of production models with the requirements of this Directive;  Whereas it should be expressly confirmed that those concerned must have available to them appropriate legal remedies in respect of decisions taken by the appropriate national authorities for purposes of implementing this Directive;  Whereas technical progress requires prompt adjustment of the technical requirements specified in this Directive ; whereas, in order to facilitate implementation of the measures required for this purpose, a procedure should be prescribed for establishing dose cooperation between the Member States and the Commission within the committee established by Article 5 of Council Directive 79/113/EEC of 19 December 1978 on the approximation of the laws of the Member States relating to the determination of the noise emission of construction plant and equipment (4), as amended by Directive 81/1051/EEC (5),  (1) OJ No C 86, 2.4.1979, p. 9. (2) OJ No C 127, 21.5.1979, p. 80. (3) OJ No C 247, 11.10.1979, p. 19. (4) OJ No L 33, 8.2.1979, p. 15. (5) OJ No L 376, 30.12.1981, p. 42.   HAS ADOPTED THIS DIRECTIVE:    Article 1 1. The purpose of this Directive is to restrict the permissible sound power level of lawnmowers by specifying upper limits and the methods for measuring such level.  2. "Lawnmower" means all motorized equipment appropriate for the upkeep by cutting, by whatever method, of areas under grass used for recreational, decorative or similar purposes.  3. This Directive applies to mowers as referred to in paragraph 2, except for the following:    - motorized cylinder mowers,       - agricultural and forestry equipment,       - non-independent devices (e.g. drawn cylinders), with cutting devices actuated by the wheels or by an integrated drawing or carrier component,       - multi-purpose devices the main motorized components of which have an installed power of over 20 kW.          Article 2 Member States shall take all appropriate measures to ensure that lawnmowers as defined in Article 1 may not be placed on the market unless their sound power levels, as measured under the conditions specified in Annex I, do not exceed the permissible level for the cutting width of the mower as shown in the following table: >PIC FILE= "T0026439">    Article 3 A lawnmower's conformity with the requirements of this Directive shall be attested by the manufacturer, or by the importer domiciled in the Community, on his own responsibility, in a certificate (see model in Annex II) which shall accompany the machine and which shall be based on the report on the tests carried out on each type of lawnmower by one of the laboratories included in a list to be drawn up by each Member State and notified to the other Member States. This certificate may be reproduced on the directions for use or on the guarantee certificate.   Article 4 Prior to being placed on the market, lawnmowers shall, in a clearly visible and durable fashion either directly or on a plate (such as a riveted or self-adhesive plate) permanently attached to them, bear marks identifying the manufacturer, describing the type and indicating the maximum sound power level expressed in dB(A)/1 pW, guaranteed by the manufacturer.  The model for these indications is set out in Annex III.   Article 5 1. Subject to the provisions in paragraph 2, no Member State may refuse, prohibit or restrict the sale, putting into service or use of lawnmowers on grounds relating to their sound power levels if they satisfy the requirements of this Directive and are accompanied by the certificate of conformity referred to in Article 3 and bear the indications referred to in Article 4.  2. Member States may take measures to regulate the use of lawnmowers in areas which they consider sensitive.   Article 6 Member States shall take all the necessary measures to verify that lawnmowers conform to the requirements of this Directive. Such verification shall be carried out in accordance with the technical specifications laid down in Annex IV.   Article 7 1. If a Member State in which the lawnmower is manufactured finds that the latter does not conform to the provisions of this Directive or if it is notified to this effect by another Member State, it shall take the necessary measures to ensure that the further production of like models conforms to the approved type.  The Member State in question shall inform the other Member States and the Commission of the measures taken within one month, stating the grounds for such action.   2. If a Member State disputes the failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.   Article 8 Any amendments necessary in order to adapt the Annexes to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 5 of Council Directive 79/113/EEC.   Article 9 The provisions of this Directive shall not affect the Member States' entitlement to limit, with due observance of the Treaty, and in particular Articles 30 to 36 thereof, the level of noise at the operator's position for lawnmowers for professional use with a cutting width of more than 120 cm provided that this does not involve an obligation to adapt lawnmowers which comply with this Directive to different emission standards within the meaning of Annex I to the Directive.   Article 10 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 1987 and shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.   Article 11 This Directive is addressed to the Member States.     Done at Brussels, 17 September 1984.  For the Council  The President  P. BARRY     ANNEX I  METHOD OF MEASURING AIRBORNE NOISE EMITTED BY LAWNMOWERS SCOPE  This measuring method applies to lawnmowers. It specifies the procedures for determining their sound power level so that their conformity with requirements may be attested.  These technical procedures comply with the requirements set out in Annex I to Directive 79/113/EEC.  The provisions of Annex I to Directive 79/113/EEC shall apply to lawnmowers, with the following amendments:  4. CRITERIA TO BE USED FOR EXPRESSING RESULTS  4.1. Acoustic criteria for the environment.  The acoustic criterion for the environment of a lawnmower shall be expressed by the sound power level.  6. MEASURING CONDITIONS  6.1. Purpose of the measurement.  6.1.1. Lawnmowers designed to be equipped with a device for collecting the grass shall be tested under normal conditions of use with that device fitted.  6.1.2. The cutting device shall be adjusted to its minimum height, but shall not, however, be less than 3 cm from the ground. The grass in the test area shall be mown with this cutting device setting before any sound measurement is taken.  For the sound measurement, all grass shall be removed from the lawnmower and the grass collector shall be empty.  6.2. Operation of the sound source during measurement.  Before each sound measurement is taken, the lawnmower shall be warmed up in accordance with the manufacturer's instructions.  The sound power level of lawnmowers shall, in principle, be measured when the lawnmower is stationary without its operator being present and the cutting device and the motor are operating at maximum speed.  If the cutting device cannot be separated from the driving wheels of the lawnmower, the mower shall be tested while moving and driven by an operator under the following conditions:  - direct-drive lawnmower:  in this case, it shall be moving at a speed such that the cutting device is operating at the maximum speed laid down by the manufacturer,   - variable-drive lawnmower:  in this case, the highest gear shall be selected. The lawnmower shall be moving at a speed such that the cutting device is operating at the maximum speed laid down by the manufacturer.      (a) Lawnmowers with combustion engines:  The engine oil used for operating the mower during measurement shall be as specified by the manufacturer. The fuel tank shall not be more than half full.       (b) Lawnmowers with electric motors:  If the lawnmower is powered by battery, the battery shall be fully charged. If the lawnmower is powered by a generating unit or from the mains, the frequency of the supply current specified for the motor shall be stable at ± 1 Hz.  6.3. Measuring site.  The test area shall be flat and horizontal. The area, including the microphone placements, shall be covered in turf which is not wet.  6.4. Measuring surface, measuring distance, location and number of measuring points.  6.4.1. Measuring surface.  The measuring surface to be used for the test shall be a hemisphere. The radius of the hemisphere shall be determined by the width of cut of the lawnmower.  The radius shall be:      - 4 m, where the width of cut of the lawnmower to be tested is no more than 1,2 m,           - 10 m, where the width of cut of the lawnmower to be tested exceeds 1,2 m.             6.4.2. Location and number of measuring points.  6.4.2.1. General.  For the purpose of measuring the noise emitted by lawnmowers when stationary and in motion, six measuring points shall be used, i.e. points 2, 4, 6, 8, 10 and 12, arranged in accordance with section 6.4.2.2 of Annex I to Directive 79/113/EEC. When measurements are taken for stationary mowers, the centre of the hemisphere shall coincide with the projection of the geometric centre of the lawnmower to the ground, pointing from measuring point 1 towards point 5. For moving measurements, the displacement axis shall pass through the positions of measuring points 1 and 5.  7. MEASUREMENTS  7.1.1. Extraneous noise.  The measurement of the level of parasitic noise shall not be taken into consideration (7.1.1 (b)).  7.1.5. Presence of obstacles.  A visual check in a circular area of a radius equal to three times that of the measurement hemisphere, the centre of which coincides with that of the hemisphere, shall be adequate to ensure that the provisions of the third paragraph of section 6.3 of Annex I to Directive 79/113/EEC have been complied with.  7.2. Measurement of the sound pressure level LpA.  The sound pressure LpA shall be measured in accordance with the first paragraph of section 7.2 of Annex I to Directive 79/113/EEC. When the mower is in motion, the measuring time shall be the time which it takes to cover the distance AB (figure) at constant speed.  The sound pressure levels LpA of a lawnmower shall be measured at least three times. If the sound power levels obtained from these measurements differ by more than 1 dB, further measurements shall be taken until two power levels are obtained which do not differ by more than 1 dB and the higher of which shall be the sound power level of the lawnmower.   Note : Where a sound level meter is used for measurements with the mower in motion, in most cases LpA shall be equal to the level measured when the mower passes the centre of the hemisphere.  8. USE OF RESULTS  8.6.2. Acoustic properties of test area.  For these measurements, the constant C determined in accordance with section 8.6.2 of Annex I to Directive 79/113/EEC shall be between 0,5 and 2 dB with K2 = 0.  9. DATA TO BE RECORDED  9.1. Sound source under test:  (f) width of cut;  (g) speed of rotation of the cutting device.  9.4. Acoustic data  (b) delete "area S of measuring surface in m2";    (c) place, date and time of measurements.    Appendix >PIC FILE= "T0026440">     ANNEX II  MODEL CERTIFICATE OF CONFORMITY ISSUED BY THE MANUFACTURER >PIC FILE= "T0026441">     ANNEX III  MODEL FOR MARK FOR SOUND POWER LEVEL >PIC FILE= "T0026442">    ANNEX IV  TECHNICAL PROCEDURES FOR CHECKING THAT MOWERS CONFORM TO THE  REQUIREMENTS OF THE DIRECTIVE Where possible, the conformity of mowers to the requirements of this Directive shall be verified by means of spot checks.


title: Commission Directive 2011/29/EU of 7 March 2011 amending Council Directive 91/414/EEC to include etridiazole as active substance and amending Commission Decision 2008/934/EC  Text with EEA relevance

text:
               8.3.2011

               EN

               Official Journal of the European Union

               L 61/9

         COMMISSION DIRECTIVE 2011/29/EU
   of 7 March 2011
   amending Council Directive 91/414/EEC to include etridiazole as active substance and amending Commission Decision 2008/934/EC
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

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

               (2)

               In accordance with Article 11e of Regulation (EC) No 1490/2002 the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from receipt of the draft assessment report. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (4) was adopted on the non-inclusion of etridiazole.

               (3)

               Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (5).

               (4)

               The application was submitted to the Netherlands, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

               (5)

               The Netherlands evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 2 December 2009. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on etridiazole to the Commission on 24 September 2010 (6). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 28 January 2011 in the format of the Commission review report for etridiazole.

               (6)

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

               (7)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, in assessing applications to authorise plant protection products containing etridiazole for uses other than on ornamental plants, Member States shall ensure that any necessary information is provided before such an authorisation is granted. Moreover, it is appropriate to require that the applicant submit further information confirming: the specification of the technical material as commercially manufactured by appropriate analytical data, the relevance of the impurities, the equivalence between the specifications of the technical material, as commercially manufactured, and those of the test material used in the ecotoxicity dossiers, the relevance of the plant metabolites 5-hydroxy-ethoxyetridiazole acid and 3-hydroxymethyletridiazole, the indirect exposure of groundwater and soil-dwelling organisms to etridiazole and to its soil metabolites dichloro-etridiazole and etridiazole acid, and the long-range and short-range transport through the atmosphere of etridiazole acid.

               (8)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

               (9)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of 6 months after inclusion to review existing authorisations of plant protection products containing etridiazole to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (10)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (7) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (11)

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

               (12)

               Decision 2008/934/EC provides for the non-inclusion of etridiazole and the withdrawal of authorisations for plant protection products containing that substance by 31 December 2011. It is necessary to delete the line concerning etridiazole in the Annex to that Decision.

               (13)

               It is therefore appropriate to amend Decision 2008/934/EC accordingly.

               (14)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   The line concerning etridiazole in the Annex to Decision 2008/934/EC is deleted.
   Article 3
   Member States shall adopt and publish by 30 November 2011 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 December 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 4
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing etridiazole as an active substance by 30 November 2011.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to etridiazole are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing etridiazole as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning etridiazole. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing etridiazole as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or

               (b)

               in the case of a product containing etridiazole as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 5
   This Directive shall enter into force on 1 June 2011.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 7 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 55, 29.2.2000, p. 25.

      (3)  OJ L 224, 21.8.2002, p. 23.

      (4)  OJ L 333, 11.12.2008, p. 11.

      (5)  OJ L 15, 18.1.2008, p. 5.

      (6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance etridiazole. EFSA Journal 2010;8(10):1823. [66 pp.]. doi:10.2903/j.efsa.2010.1823. Available online: www.efsa.europa.eu/efsajournal.htm

      (7)  OJ L 366, 15.12.1992, p. 10.

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

                     No

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘332

                     Etridiazole
                     CAS No: 2593-15-9

                     CIPAC No: 518

                        ethyl-3-trichloromethyl-1,2,4-thiadiazol-5-yl ether

                     ≥ 970 g/kg

                     1 June 2011

                     31 May 2021

                     PART A
                     Only uses as fungicide in non-soil bound systems in greenhouse may be authorised.
                     PART B
                     In assessing applications to authorise plant protection products containing etridiazole for uses other than on ornamental plants, Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary information is provided before such an authorisation is granted.
                     For the implementation of the uniform principles of Annex VI the conclusions of the review report on etridiazole, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 28 January 2011, shall be taken into account.
                     In this overall assessment Member States shall:

                                 1.

                                 pay particular attention to the risk to operators and workers and ensure that conditions of use include the application of appropriate risk mitigation measures;

                                 2.

                                 ensure that appropriate waste management practices are applied as regards waste water from irrigation of non-soil bound growing systems; Member States permitting the release of waste water into the sewage system or into natural water bodies, shall ensure that an appropriate risk assessment is carried out;

                                 3.

                                 pay particular attention to the risk to aquatic organisms and ensure that conditions of use include the application of appropriate risk mitigation measures.

                           The Member States concerned shall request the submission of confirmatory information as regards:

                                 1.

                                 the specification of the technical material, as commercially manufactured, by appropriate analytical data;

                                 2.

                                 the relevance of the impurities;

                                 3.

                                 the equivalence between the specifications of the technical material, as commercially manufactured, and those of the test material used in the ecotoxicity dossiers;

                                 4.

                                 the relevance of the plant metabolites 5-hydroxy-ethoxyetridiazole acid and 3-hydroxymethyletridiazole;

                                 5.

                                 indirect exposure of groundwater and soil-dwelling organisms to etridiazole and to its soil metabolites dichloro-etridiazole and etridiazole acid;

                                 6.

                                 long-range and short-range transport through the atmosphere of etridiazole acid.

                           The Member States concerned shall ensure that the applicant submits to the Commission the information set out in points 1, 2 and 3 by 1 December 2011 and the information set out in points 4, 5 and 6 by 31 May 2013.’

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