title: Commission Directive 2006/51/EC of  6 June 2006  amending for the purposes of adapting to technical progress Annex I to Directive 2005/55/EC of the European Parliament and of the Council and Annexes IV and V to Directive 2005/78/EC as regards requirements for the emission control monitoring system for use in vehicles and exemptions for gas engines   (Text with EEA relevance)

text:
               7.6.2006

               EN

               Official Journal of the European Union

               L 152/11

      COMMISSION DIRECTIVE 2006/51/EC
   of 6 June 2006
   amending for the purposes of adapting to technical progress Annex I to Directive 2005/55/EC of the European Parliament and of the Council and Annexes IV and V to Directive 2005/78/EC as regards requirements for the emission control monitoring system for use in vehicles and exemptions for gas engines
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (1), and in particular the second indent of Article 13(2) thereof,
   Having regard to Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005, on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (2), and in particular Article 7 thereof,
   Whereas:

               (1)

               Directive 2005/55/EC is one of the separate directives in the context of the Community type approval procedure laid down by Directive 70/156/EEC.

               (2)

               Commission Directive 2005/78/EC of 14 November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV and VI thereto introduced amending and implementing measures in relation to the durability of emission control systems, in-use conformity over a defined useful period and on-board diagnostic (OBD) systems for new heavy duty vehicles and engines.

               (3)

               In view of the technical progress it is now appropriate to introduce improved requirements relating to the verification of the operational conditions, failures and demonstration of the emission control monitoring system at the moment of the type approval.

               (4)

               It is necessary to ensure that the functioning of the emission control monitoring system is not impaired by a defeat strategy.

               (5)

               Gas engines do not use the exhaust gas recirculation or selective catalytic reduction technologies in order to fulfil the current standards for NOx emissions. Therefore, it is considered that, at this stage, gas engines and vehicles fuelled with gas should be exempted from the requirements to ensure correct operation of NOx control measures. The exemption might be revoked when taking into consideration further emission stages.

               (6)

               It is appropriate to adjust the date of application of sections 6.5.3, 6.5.4 and 6.5.5 of Annex I to Directive 2005/55/EC in case of new type approvals.

               (7)

               The Commission intends to review the OBD threshold limit values in order to adapt them to the technological progress.

               (8)

               Directives 2005/55/EC and 2005/78/EC should therefore be amended accordingly.

               (9)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Article 13(1) of Directive 70/156/EEC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 2005/55/EC is amended in accordance with Annex I to this Directive.
   Article 2
   Annex IV to Directive 2005/78/EC is amended in accordance with Annex II to this Directive.
   Article 3
   1.   Member States shall adopt and publish, by 8 November 2006 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 9 November 2006. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 4
   This Directive shall enter into force on the third day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 6 June 2006.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission 2006/28/EC (OJ L 65, 7.3.2006, p. 27).

      (2)  OJ L 275, 20.10.2005, p. 1. Directive as amended by Commission Directive 2005/78/EC (OJ L 313, 29.11.2005, p. 1).

      ANNEX I
      AMENDMENTS TO DIRECTIVE 2005/55/EC
      Annex I is amended as follows:

                  1.

                  section 2.1 is amended as follows:

                              (a)

                              the definition of ‘defeat strategy’ is replaced by the following:
                              ‘“defeat strategy” means:

                                          —

                                          an AECS that reduces the effectiveness of the emission control relative to the BECS under conditions that may reasonably be expected to be encountered in normal vehicle operation and use,

                                          —

                                          a BECS that discriminates between operation on a standardised type-approval test and other operations and provides a lesser level of emission control under conditions not substantially included in the applicable type-approval test procedures, or

                                          —

                                          an OBD or an emission control monitoring strategy that discriminates between operation on a standardised type-approval test and other operations and provides a lower level of monitoring capability (timely and accurately) under conditions not substantially included in the applicable type-approval test procedures;’

                              (b)

                              in the definition of ‘permanent emission default mode’‘permanent emission default mode’ is replaced by ‘emission default mode’;

                              (c)

                              the following definition is added:
                              ‘“emission control monitoring system” means the system that ensures correct operation of the NOx control measures implemented in the engine system according to the requirements of section 6.5 of Annex I.’;

                  2.

                  in the second indent of section 6.1.5.6 ‘permanent emission default modes’ is replaced by ‘emission default modes’.

                  3.

                  section 6.5 is replaced by the following:
                  ‘6.5.   Requirements to ensure correct operation of NOx control measures
                  6.5.1.   General
                  6.5.1.1.   This section is applicable to compression-ignition engine systems irrespective of the technology used to comply with the emission limit values provided in the tables in section 6.2.1.
                  6.5.1.2.   Application dates
                  The requirements of sections 6.5.3, 6.5.4 and 6.5.5 shall apply from 9 November 2006 for new type approvals and from 1 October 2007 for all registrations of new vehicles.
                  6.5.1.3.   Any engine system covered by this section shall be designed, constructed and installed so as to be capable of meeting these requirements over the useful life of the engine.
                  6.5.1.4.   Information that fully describes the functional operational characteristics of an engine system covered by this section shall be provided by the manufacturer in Annex II.
                  6.5.1.5.   In its application for type-approval, if the engine system requires a reagent, the manufacturer shall specify the characteristics of all reagent(s) consumed by any exhaust aftertreatment system, e.g. type and concentrations, operational temperature conditions, reference to international standards etc.
                  6.5.1.6.   Subject to requirements set out in section 6.1, any engine system covered by this section shall retain its emission control function during all conditions regularly pertaining in the territory of the Community, especially at low ambient temperatures.
                  6.5.1.7.   For the purpose of type-approval, the manufacturer shall demonstrate to the Technical Service that for engine systems that require a reagent, any emission of ammonia does not exceed, over the applicable emissions test cycle, a mean value of 25 ppm.
                  6.5.1.8.   For engine systems requiring a reagent, each separate reagent tank installed on a vehicle shall include means for taking a sample of any fluid inside the tank. The sampling point shall be easily accessible without the use of any specialised tool or device.
                  6.5.2.   Maintenance requirements
                  6.5.2.1.   The manufacturer shall furnish or cause to be furnished to all owners of new heavy-duty vehicles or new heavy-duty engines written instructions that shall state that if the vehicle emission control system is not functioning correctly, the driver shall be informed of a problem by the malfunction indicator (MI) and the engine shall consequentially operate with a reduced performance.
                  6.5.2.2.   The instructions will indicate requirements for the proper use and maintenance of vehicles, including where relevant the use of consumable reagents.
                  6.5.2.3.   The instructions shall be written in clear and non-technical language and in the language of the country in which a new heavy-duty vehicle or new heavy-duty engine is sold or registered.
                  6.5.2.4.   The instructions shall specify if consumable reagents have to be refilled by the vehicle operator between normal maintenance intervals and shall indicate a likely rate of reagent consumption according to the type of new heavy-duty vehicle.
                  6.5.2.5.   The instructions shall specify that use of and refilling of a required reagent of the correct specifications when indicated is mandatory for the vehicle to comply with the certificate of conformity issued for that vehicle or engine type.
                  6.5.2.6.   The instructions shall state that it may be a criminal offence to use a vehicle that does not consume any reagent if it is required for the reduction of pollutant emissions and that, in consequence, any favourable conditions for the purchase or operation of the vehicle obtained in the country of registration or other country in which the vehicle is used may become invalid.
                  6.5.3.   Engine system NOx control
                  6.5.3.1.   Incorrect operation of the engine system with respect to NOx emissions control (for example due to lack of any required reagent, incorrect EGR flow or deactivation of EGR) shall be determined through monitoring of the NOx level by sensors positioned in the exhaust stream.
                  6.5.3.2.   Any deviation in NOx level more than 1,5 g/kWh above the applicable limit value given in table 1 of section 6.2.1 of Annex I, shall result in the driver being informed by activation of the MI as referred to in section 3.6.5 of Annex IV to Directive 2005/78/EC.
                  6.5.3.3.   In addition, a non-erasable fault code identifying the reason why NOx exceeds the levels specified in section 6.5.3.2 shall be stored in accordance with section 3.9.2 of Annex IV to Directive 2005/78/EC for at least 400 days or 9 600 hours of engine operation.
                  The reasons for the NOx exceedance shall, at a minimum, and where applicable, be identified in the cases of empty reagent tank, interruption of reagent dosing activity, insufficient reagent quality, too low reagent consumption, incorrect EGR flow or deactivation of the EGR. In all other cases, the manufacturer is permitted to refer to a non-erasable fault code “high NOx — root cause unknown”.
                  6.5.3.4.   If the NOx level exceeds the OBD threshold limit values given in the table in Article 4(3), a torque limiter shall reduce the performance of the engine according to the requirements of section 6.5.5 in a manner that is clearly perceived by the driver of the vehicle. When the torque limiter is activated the driver shall continue to be alerted according to the requirements of section 6.5.3.2 and a non-erasable fault code shall be stored in accordance with section 6.5.3.3.
                  6.5.3.5.   In the case of engine systems that rely on the use of EGR and no other aftertreatment system for NOx emissions control, the manufacturer may utilise an alternative method to the requirements of section 6.5.3.1 for the determination of the NOx level. At the time of type approval the manufacturer shall demonstrate that the alternative method is equally timely and accurate in determining the NOx level compared to the requirements of section 6.5.3.1 and that it triggers the same consequences as those referred to in sections 6.5.3.2, 6.5.3.3 and 6.5.3.4.
                  6.5.4.   Reagent control
                  6.5.4.1.   For vehicles that require the use of a reagent to fulfil the requirements of this section, the driver shall be informed of the level of reagent in the on-vehicle reagent storage tank through a specific mechanical or electronic indication on the vehicle’s dashboard. This shall include a warning when the level of reagent goes:

                              —

                              below 10 % of the tank or a higher percentage at the choice of the manufacturer, or

                              —

                              below the level corresponding to the driving distance possible with the fuel reserve level specified by the manufacturer.

                        The reagent indicator shall be placed in close proximity to the fuel level indicator.
                  6.5.4.2.   The driver shall be informed, according to the requirements of section 3.6.5 of Annex IV to Directive 2005/78/EC, if the reagent tank becomes empty.
                  6.5.4.3.   As soon as the reagent tank becomes empty, the requirements of section 6.5.5 shall apply in addition to the requirements of section 6.5.4.2.
                  6.5.4.4.   A manufacturer may choose to comply with the sections 6.5.4.5 to 6.5.4.12 as an alternative to complying with the requirements of section 6.5.3.
                  6.5.4.5.   Engine systems shall include a means of determining that a fluid corresponding to the reagent characteristics declared by the manufacturer and recorded in Annex II to this Directive is present on the vehicle.
                  6.5.4.6.   If the fluid in the reagent tank does not correspond to the minimum requirements declared by the manufacturer as recorded in Annex II to this Directive the additional requirements of section 6.5.4.12 shall apply.
                  6.5.4.7.   Engine systems shall include a means for determining reagent consumption and providing off-board access to consumption information.
                  6.5.4.8.   Average reagent consumption and average demanded reagent consumption by the engine system either over the previous complete 48 hour period of engine operation or the period needed for a demanded reagent consumption of at least 15 litres, whichever is longer, shall be available via the serial port of the standard diagnostic connector as referred to in section 6.8.3 of Annex IV to Directive 2005/78/EC.
                  6.5.4.9.   In order to monitor reagent consumption, at least the following parameters within the engine shall be monitored:

                              —

                              level of reagent in on-vehicle storage tank,

                              —

                              flow of reagent or injection of reagent as close as technically possible to the point of injection into an exhaust aftertreatment system.

                        6.5.4.10.   Any deviation more than 50 % in average reagent consumption and average demanded reagent consumption by the engine system over the period defined in section 6.5.4.8 shall result in application of the measures laid down in section 6.5.4.12.
                  6.5.4.11.   In the case of interruption in reagent dosing activity the measures laid down in section 6.5.4.12 shall apply. This is not required where such interruption is demanded by the engine ECU because engine operating conditions are such that the engine’s emission performance does not require reagent dosing, provided that the manufacturer has clearly informed the approval authority when such operating conditions apply.
                  6.5.4.12.   Any failure detected with respect to sections 6.5.4.6, 6.5.4.10 or 6.5.4.11 shall trigger the same consequences in the same order as those referred to in sections 6.5.3.2, 6.5.3.3 or 6.5.3.4.
                  6.5.5.   Measures to discourage tampering of exhaust aftertreatment systems
                  6.5.5.1.   Any engine system covered by this section shall include a torque limiter that will alert the driver that the engine system is operating incorrectly or the vehicle is being operated in an incorrect manner and thereby encourage the prompt rectification of any fault(s).
                  6.5.5.2.   The torque limiter shall be activated when the vehicle becomes stationary for the first time after the conditions of either sections 6.5.3.4, 6.5.4.3, 6.5.4.6, 6.5.4.10 or 6.5.4.11 have occurred.
                  6.5.5.3.   Where the torque limiter comes into effect, the engine torque shall not, in any case, exceed a constant value of:

                              —

                              60 % of the engine maximum torque for vehicles of category N3 > 16 tonnes, M1 > 7,5 tonnes, M3/III and M3/B > 7,5 tonnes,

                              —

                              75 % of the engine maximum torque for vehicles of category N1, N2, N3 ≤ 16 tons, 3,5 < M1 ≤ 7,5 tonnes, M2, M3/I, M3/II, M3/A and M3/B ≤ 7,5 tonnes.

                        6.5.5.4.   Requirements for documentation and the torque limiter are set out in sections 6.5.5.5 to 6.5.5.8.
                  6.5.5.5.   Detailed written information fully describing the functional operation characteristics of the emission control monitoring system and the torque limiter shall be specified according to the documentation requirements of section 6.1.7.1.(b). Specifically, the manufacturer shall provide information on the algorithms used by the ECU for relating the NOx concentration to the specific NOx emission (in g/kWh) on the ETC in accordance with section 6.5.6.5.
                  6.5.5.6.   The torque limiter shall be deactivated when the engine speed is at idle if the conditions for its activation have ceased to exist. The torque limiter shall not be automatically deactivated without the reason for its activation being remedied.
                  6.5.5.7.   Deactivation of the torque limiter shall not be feasible by means of a switch or a maintenance tool.
                  6.5.5.8.   The torque limiter shall not apply to engines or vehicles for use by the armed services, by rescue services and by fire-services and ambulances. Permanent deactivation shall only be done by the engine or vehicle manufacturer, and a special engine type within the engine family shall be designated for proper identification.
                  6.5.6.   Operating conditions of the emission control monitoring system
                  6.5.6.1.   The emission control monitoring system shall be operational,

                              —

                              at all ambient temperatures between 266 K and 308 K (– 7 °C and 35 °C),

                              —

                              at all altitudes below 1 600 m,

                              —

                              at engine coolant temperatures above 343 K (70 °C).

                        This section does not apply in the case of monitoring for reagent level in the storage tank where monitoring shall be conducted under all conditions of use.
                  6.5.6.2.   The emission control monitoring system may be deactivated when a limp-home strategy is active and which results in a torque reduction greater than the levels indicated in section 6.5.5.3 for the appropriate vehicle category.
                  6.5.6.3.   If an emission default mode is active, the emission control monitoring system shall remain operational and comply with the provisions of section 6.5.
                  6.5.6.4.   The incorrect operation of NOx control measures shall be detected within four OBD test cycles as referred to in the definition given in section 6.1 of Appendix 1 of Annex IV to Directive 2005/78/EC.
                  6.5.6.5.   Algorithms used by the ECU for relating the actual NOx concentration to the specific NOx emission (in g/kWh) on the ETC shall not be considered to be a defeat strategy.
                  6.5.6.6.   If an AECS that has been approved by the type-approval authority in accordance with section 6.1.5. becomes operational, any increase in NOx due to the operation of the AECS may be applied to the appropriate NOx level referred to in section 6.5.3.2. In all such cases, the influence of the AECS on the NOx threshold shall be described in accordance with section 6.5.5.5.
                  6.5.7.   Failure of the emission control monitoring system
                  6.5.7.1.   The emission control monitoring system shall be monitored for electrical failures and for removal or deactivation of any sensor that prevents it from diagnosing an emission increase as required by sections 6.5.3.2 and 6.5.3.4.
                  Examples of sensors that affect the diagnostic capability are those directly measuring NOx concentration, urea quality sensors, and sensors used for monitoring reagent dosing activity, reagent level, reagent consumption or EGR rate.
                  6.5.7.2.   If a failure of the emission control monitoring system is confirmed, the driver shall be immediately alerted by the activation of the warning signal according to section 3.6.5 of Annex IV to Directive 2005/78/EC.
                  6.5.7.3.   The torque limiter shall be activated in accordance with section 6.5.5 if the failure is not remedied within 50 hours of engine operation.
                  The period laid down in the first subparagraph shall be reduced to 36 hours from the dates specified in Article 2(7) and 2(8).
                  6.5.7.4.   When the emission control monitoring system has determined the failure has ceased to exist, the fault code(s) associated with that failure may be cleared from the system memory, except in the cases referred to in section 6.5.7.5, and the torque limiter, if applicable, shall be deactivated according to section 6.5.5.6.
                  Fault code(s) associated with a failure of the emission control monitoring system shall not be capable of being cleared from the system memory by any scan tool.
                  6.5.7.5.   In the case of the removal or deactivation of elements of the emission control monitoring system, in accordance with section 6.5.7.1, a non-erasable fault code shall be stored in accordance with section 3.9.2 of Annex IV to Directive 2005/78/EC for a minimum of 400 days or 9 600 hours of engine operation.
                  6.5.8.   Demonstration of the emission control monitoring system
                  6.5.8.1.   As part of the application for type-approval provided for in section 3, the manufacturer shall demonstrate the conformity of the provisions of this section by tests on an engine dynamometer in accordance with sections 6.5.8.2 to 6.5.8.7.
                  6.5.8.2.   The compliance of an engine family or an OBD engine family to the requirements of this section may be demonstrated by testing the emission control monitoring system of one of the members of the family (the parent engine), provided the manufacturer demonstrates to the type approval authority that the emission control monitoring systems are similar within the family.
                  This demonstration may be performed by presenting to the type-approval authorities such elements as algorithms, functional analyses, etc.
                  The parent engine is selected by the manufacturer in agreement with the type approval authority.
                  6.5.8.3.   The testing of the emission control monitoring system consists of the following three phases:

                                 Selection:

                              An incorrect operation of the NOx control measures or a failure of the emission control monitoring system is selected by the authority within a list of incorrect operations provided by the manufacturer.

                                 Qualification:

                              The influence of the incorrect operation is validated by measuring the NOx level over the ETC on an engine test bed.

                                 Demonstration:

                              The reaction of the system (torque reduction, warning signal, etc.) shall be demonstrated by running the engine on four OBD test cycles.

                        6.5.8.3.1.   For the selection phase, the manufacturer shall provide the type approval authority with a description of the monitoring strategies used to determine potential incorrect operation of any NOx control measure and potential failures in the emission control monitoring system that would lead either to activation of the torque limiter or to activation of the warning signal only.
                  Typical examples of incorrect operations for this list are an empty reagent tank, an incorrect operation leading to an interruption of reagent dosing activity, an insufficient reagent quality, an incorrect operation leading to low reagent consumption, an incorrect EGR flow or a deactivation of the EGR.
                  A minimum of two and a maximum of three incorrect operations of the NOx control system or failures of the emission control monitoring system shall be selected by the type approval authority from this list.
                  6.5.8.3.2.   For the qualification phase, the NOx emissions shall be measured over the ETC test cycle, according to the provisions of Appendix 2 to Annex III. The result of the ETC test shall be used to determine in which way the NOx control monitoring system is expected to react during the demonstration process (torque reduction and/or warning signal). The failure shall be simulated in a way that the NOx level does not exceed by more than 1 g/kWh any of the threshold levels given in sections 6.5.3.2 or 6.5.3.4.
                  Emissions qualification is not required in case of an empty reagent tank or for demonstrating a failure of the emission control monitoring system.
                  The torque limiter shall be deactivated during the qualification phase.
                  6.5.8.3.3.   For the demonstration phase, the engine shall be run over a maximum of four OBD test cycles.
                  No failure other than the ones which are being considered for demonstration purposes shall be present.
                  6.5.8.3.4.   Prior to starting the test sequence of section 6.5.8.3.3, the emission control monitoring system shall be set to a “no failure” status.
                  6.5.8.3.5.   Depending on the NOx level selected, the system shall activate a warning signal and in addition, if applicable, the torque limiter at any time before the end of the detection sequence. The detection sequence may be stopped once the NOx control monitoring system has properly reacted.
                  6.5.8.4.   In the case of an emission control monitoring system principally based on monitoring the NOx level by sensors positioned in the exhaust stream, the manufacturer may choose to directly monitor certain system functionalities (e.g. interruption of dosing activity, closed EGR valve) for the determination of compliance. In that case, the selected system functionality shall be demonstrated.
                  6.5.8.5.   The level of torque reduction required in section 6.5.5.3 by the torque limiter shall be approved together with the general engine performance approval in accordance with Directive 80/1269/EC. For the demonstration process, the manufacturer shall demonstrate to the type-approval authority the inclusion of the correct torque limiter into the engine ECU. Separate torque measurement during the demonstration is not required.
                  6.5.8.6.   As an alternative to sections 6.5.8.3.3 to 6.5.8.3.5, the demonstration of the emission control monitoring system and the torque limiter may be performed by testing a vehicle. The vehicle shall be driven on the road or on a test track with the selected incorrect operations or failures of the emission control monitoring system to demonstrate that the warning signal and activation of the torque limiter will operate in accordance with the requirements of section 6.5, and, in particular, those in sections 6.5.5.2. and 6.5.5.3.
                  6.5.8.7.   If the storage in the computer memory of a non-erasable fault code is required for complying with the requirements of section 6.5, the following three conditions shall be met by the end of demonstration sequence:

                              —

                              that it is possible to confirm via the OBD scan tool the presence in the OBD computer memory of the appropriate non-erasable fault code described in section 6.5.3.3 and that it can be shown to the satisfaction of the type approval authority that the scan tool cannot erase it, and,

                              —

                              that it is possible to confirm the time spent during the detection sequence with the warning signal activated by reading the non-erasable counter referred to in section 3.9.2 of Annex IV to Directive 2005/78/EC, and that it can be shown to the satisfaction of the type approval authority that the scan tool cannot erase it, and,

                              —

                              that the type-approval authority has approved the elements of design showing that this non-erasable information is stored in accordance with section 3.9.2 of Annex IV to Directive 2005/78/EC for a minimum of 400 days or 9 600 hours of engine operation.’

      ANNEX II
      AMENDMENTS TO DIRECTIVE 2005/78/EC

                  1.

                  Annex IV is amended as follows:

                              (a)

                              in section 3.6.4 ‘permanent emission default mode’ is replaced by ‘emission default mode’;

                              (b)

                              in the second paragraph of section 3.7 ‘permanent emission default mode’ is replaced by ‘emission default mode’;

                              (c)

                              section 3.8.3. is replaced by the following:

                                          ‘3.8.3.

                                          In the case of MI activation due to incorrect operation of the engine system with respect to NOx control measures, or incorrect reagent consumption and dosing activity, the MI may be switched back to the previous state of activation if the conditions given in section 6.5.3., 6.5.4 and 6.5.7. of Annex I to Directive 2005/55/EC no longer apply.’;

                              (d)

                              section 3.9.2. is replaced by the following:

                                          ‘3.9.2.

                                          From 9 November 2006 for new type approvals and from 1 October 2007 for all registrations, in the case of a non-erasable fault code being generated according to sections 6.5.3 or 6.5.4 of Annex I to Directive 2005/55/EC, the OBD system shall retain a record of the fault code and the hours run by the engine during the MI activation for at least 400 days or 9 600 hours of engine operation.
                                          Any such fault code and the corresponding hours run by the engine during MI activation shall not be erased through use of any external diagnostic or other tool as referred to in section 6.8.3 of this Annex.’

                  2.

                  Annex V is amended as follows:

                              (a)

                              point 2 is replaced by the following:

                                          ‘2.

                                          Example of applying requirements set out in this Directive and Directive 2005/55/EC for the third approval (with, as yet, no extension) corresponding to application date B1 with OBD stage I, issued by the United Kingdom:
                                          e11*2005/55*2005/78B*0003*00’;

                              (b)

                              point 3 is replaced by the following:

                                          ‘3.

                                          Example of applying requirements set out in Directives 2005/55/EC and amending Directive 2006/51/EC for the second extension to the fourth approval corresponding to application date B2, with OBD stage II, issued by Germany:
                                          e1*2005/55*2006/51F*0004*02’;

                              (c)

                              the following point 4 is added:

                                          ‘4.

                                          Table showing the characters to be used in accordance with the different implementation dates set out in Directive 2005/55/EC:

                                                      Character

                                                      Row (1)

                                                      OBD Stage I (2)

                                                      OBD Stage II

                                                      Durability and in-use

                                                      NOx control (3)

                                                      A

                                                      A

                                                      —

                                                      —

                                                      —

                                                      —

                                                      B

                                                      B1(2005)

                                                      YES

                                                      —

                                                      YES

                                                      —

                                                      C

                                                      B1(2005)

                                                      YES

                                                      —

                                                      YES

                                                      YES

                                                      D

                                                      B2(2008)

                                                      YES

                                                      —

                                                      YES

                                                      —

                                                      E

                                                      B2(2008)

                                                      YES

                                                      —

                                                      YES

                                                      YES

                                                      F

                                                      B2(2008)

                                                      —

                                                      YES

                                                      YES

                                                      —

                                                      G

                                                      B2(2008)

                                                      —

                                                      YES

                                                      YES

                                                      YES

                                                      H

                                                      C

                                                      YES

                                                      —

                                                      YES

                                                      —

                                                      I

                                                      C

                                                      YES

                                                      —

                                                      YES

                                                      YES

                                                      J

                                                      C

                                                      —

                                                      YES

                                                      YES

                                                      —

                                                      K

                                                      C

                                                      —

                                                      YES

                                                      YES

                                                      YES

         (1)  In accordance with table I, section 6 of Annex I to Directive 2005/55/EC.

         (2)  In accordance with Article 4 of Directive 2005/55/EC, gas engines are excluded from OBD stage I.

         (3)  In accordance with section 6.5 of Annex I to Directive 2005/55/EC.’


Avis juridique important

|

31992L0099

Commission Directive 92/99/EEC of 17 November 1992 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 350 , 01/12/1992 P. 0083 - 0084 Finnish special edition: Chapter 3 Volume 46 P. 0049  Swedish special edition: Chapter 3 Volume 46 P. 0049

COMMISSION DIRECTIVE 92/99/EEC  of 17 November 1992  amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 92/64/EEC (2), and in particular Article 7 thereof,  Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes were consolidated by Commission Directive 91/248/EEC (3);  Whereas the investigation of various additives currently listed in Annex II and therefore authorizable at national Level has not yet been completed; whereas, therefore, the period of authorization of these substances should be extended for a specific  period;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex II to Directive 70/524/EEC is hereby amended as set out in the Annex hereto.  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  Article 3  This Directive is addressed to the Member States. Done at Brussels, 17 November 1992. For the Commission  Ray MAC SHARRY  Member of the Commission   (1) OJ No L 270, 14. 12. 1970, p. 1. (2) OJ No L 221, 6. 8. 1992, p. 51. (3) OJ No L 124, 18. 5. 1991, p. 1.     ANNEX    /* Tables: see OJ */


title: Directive 2008/18/EC of the European Parliament and of the Council of 11 March 2008 amending Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), as regards the implementing powers conferred on the Commission

text:
               19.3.2008

               EN

               Official Journal of the European Union

               L 76/42

      DIRECTIVE 2008/18/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2008
   amending Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), as regards the implementing powers conferred on the Commission
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof,
   Having regard to the proposal of the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 85/611/EEC (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

               (2)

               Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

               (3)

               In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

               (4)

               The Commission should be empowered to adopt the measures necessary for the implementation of Directive 85/611/EEC by adopting technical amendments clarifying the definitions so as to ensure the uniform application of that Directive throughout the Community, and aligning terminology and framing definitions in accordance with subsequent acts on UCITS and related matters. Since those measures are of general scope and are designed to amend non-essential elements of Directive 85/611/EEC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (5)

               Directive 85/611/EEC should therefore be amended accordingly.

               (6)

               Since the amendments made to Directive 85/611/EEC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   Articles 53a and 53b of Directive 85/611/EEC shall be replaced by the following:

      ‘Article 53a
      The Commission shall adopt technical amendments to this Directive in the following areas:

                  (a)

                  clarification of the definitions in order to ensure uniform application of this Directive throughout the Community;

                  (b)

                  alignment of terminology and the framing of definitions in accordance with subsequent acts on UCITS and related matters.

            Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 53b(2).
      Article 53b
      1.   The Commission shall be assisted by the European Securities Committee instituted by Commission Decision 2001/528/EC (6).
      2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

   Article 2
   Entry into force
   This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 3
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 161, 13.7.2007, p. 45.

      (2)  Opinion of the European Parliament of 10 July 2007 (not yet published in the Official Journal) and Council Decision of 3 March 2008.

      (3)  OJ L 375, 31.12.1985, p. 3. Directive as last amended by Directive 2005/1/EC of the European Parliament and of the Council (OJ L 79, 24.3.2005, p. 9).

      (4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (5)  OJ C 255, 21.10.2006, p. 1.

      (6)  OJ L 191, 13.7.2001, p. 45. Decision as amended by Decision 2004/8/EC (OJ L 3, 7.1.2004, p. 33).’


title: Commission Directive 2007/56/EC of 17 September 2007 amending certain Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for azoxystrobin, chlorothalonil, deltamethrin, hexachlorobenzene, ioxynil, oxamyl and quinoxyfen (Text with EEA relevance )

text:
               18.9.2007

               EN

               Official Journal of the European Union

               L 243/50

      COMMISSION DIRECTIVE 2007/56/EC
   of 17 September 2007
   amending certain Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for azoxystrobin, chlorothalonil, deltamethrin, hexachlorobenzene, ioxynil, oxamyl and quinoxyfen
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), and in particular Article 10 thereof,
   Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (2), and in particular Article 10 thereof,
   Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (3), and in particular Article 7 thereof,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (4), and in particular Article 4(1)(f) thereof,
   Whereas:

               (1)

               In accordance with Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States. Such authorisations have to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops.

               (2)

               Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake.

               (3)

               MRLs for pesticides covered by Directive 90/642/EEC are to be kept under review and may be modified to take account of new or changed uses. Information about new or changed uses has been communicated to the Commission which should lead to changes in the residue levels of azoxystrobin, chlorothalonil, ioxynil and quinoxyfen.

               (4)

               For hexachlorobenzene information has been communicated to the Commission that this pesticide, due to environmental contamination, can occur in pumpkin seed, a commodity that is consumed as a food in several Member States, at levels higher than the limit of analytical determination. The insertion of ‘pumpkin seed’ in Annex I to Directive 90/642/EEC and setting of MRLs for pumpkin seed are therefore necessary to protect consumers from excess hexachlorobenzene residues.

               (5)

               For oxamyl temporary MRLs have been set in Directive 90/642/EEC by Commission Directive 2006/59/EC (5), pending submission of trial data. Trial data for oxamyl have been consequently submitted and evaluated. As a result, the temporary MRLs for oxamyl can be confirmed.

               (6)

               For deltamethrin also temporary MRLs have been set in Directives 86/362/EEC, 86/363/EEC and 90/642/EEC by Directive 2006/59/EC, pending review of the Annex III dossier under Directive 91/414/EEC and re-registration of deltamethrin formulations at Member State level. Upon further examination, it appeared that more time should be allowed to ensure proper consideration of the uses of deltamethrin authorised at Member State level. It is therefore appropriate to prolong the validity of the temporary MRLs for deltamethrin.

               (7)

               The lifetime exposure of consumers to those pesticides via food products that may contain residues of those pesticides has been assessed and evaluated in accordance with the procedures and practices used within the Community, taking account of guidelines published by the World Health Organisation (6). Based on those assessments and evaluations, the MRLs for those pesticides should be set so as to ensure that the acceptable daily intake is not exceeded.

               (8)

               In the case of chlorothalonil and ioxynil, for which an acute reference dose (ARfD) exists, the acute exposure of consumers via each of the food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices currently used within the Community, taking account of guidelines published by the World Health Organisation. The opinions of the Scientific Committee on Plants (SCP), in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides (7), have been taken into account. Based on the dietary intake assessment, the MRLs for those pesticides should be fixed so as to ensure that the ARfD will not be exceeded. In the case of the other substances, an assessment of the available information has shown that no ARfD is required and that therefore a short-term assessment is not needed.

               (9)

               Where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data, MRLs should be fixed at the lower limit of analytical determination.

               (10)

               The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for ioxynil and quinoxyfen in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI to that Directive. It is considered that a period of four years is sufficient to permit further uses of these substances. The provisional Community MRLs should then become definitive.

               (11)

               It is therefore necessary to modify the MRLs set out in Directives 86/362/EEC, 86/363/EEC and 90/642/EEC, to allow proper surveillance and control of the uses of the plant protection products concerned and to protect the consumer. Where MRLs have already been defined in the Annexes to those Directives, it is appropriate to amend them. Where MRLs have not yet been defined, it is appropriate to set them for the first time.

               (12)

               Directives 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.

               (13)

               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
   Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
   Article 2
   Directive 86/363/EEC is amended in accordance with Annex II to this Directive.
   Article 3
   Directive 90/642/EEC is amended as follows:

               1.

               in Annex I, in group ‘4 Oilseeds’, the entry ‘Pumpkin seed’ is added.

               2.

               Annex II is amended in accordance with Annex III to this Directive.

         Article 4
   Member States shall adopt and publish, by 18 December 2007 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 19 December 2007.
   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 5
   This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 17 September 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2007/27/EC (OJ L 128, 16.5.2007, p. 31).

      (2)  OJ L 221, 7.8.1986, p. 43. Directive as last amended by Commission Directive 2007/28/EC (OJ L 135, 26.5.2007, p. 6).

      (3)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2007/39/EC (OJ L 165, 27.6.2007, p. 25).

      (4)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/52/EC (OJ L 214, 17.8.2007, p. 3).

      (5)  OJ L 175, 29.6.2006, p. 61.

      (6)  Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).

      (7)  Opinion regarding questions relating to amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the SCP on 14 July 1998); Opinion regarding variable pesticide residues in fruit and vegetables (Opinion expressed by the SCP on 14 July 1998) http://europa.eu.int/comm/food/fs/sc/scp/outcome_ppp_en.html

      ANNEX I
      In Part A of Annex II to Directive 86/362/EEC, the line for ‘Deltamethrin’ is replaced by the following:

                     Pesticide residues

                     Maximum levels in mg/kg

                     ‘Deltamethrin (cis-deltamethrin) (1)

                     2
                     CEREALS

         (1)  Temporary MRLs valid until 1 November 2008, pending review of the Annex III dossier under Directive 91/414/EEC and re-registration of deltamethrin formulations at Member State level.’

      ANNEX II
      In Part A of Annex II to Directive 86/363/EEC, the line for ‘Deltamethrin (cis-deltamethrin)’ is replaced by the following:

                     Maximum levels in mg/kg

                     Pesticide residues

                     of fat contained in meat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex 0201, 0202, 0203, 0204, 0205, 0206, 0207, ex 0208, 0209, 0210, 1601 and 1602
                     (1) (4)

                     for cow's milk and whole cream cow's milk listed in Annex I under heading No 0401; for other foodstuffs in headings Nos 0401, 0402, 0405 00 and 0406 in accordance with
                     (2) (4)

                     of shelled fresh eggs, for bird's eggs and egg yolks listed in Annex I under headings Nos 0407 and 0408
                     (3) (4)

                     ‘Deltamethrin (cis-deltametrin) (2)

                     liver and kidney 0,03 (1), poultry and poultry products 0,1, others 0,5

                     0,05

                     0,05 (1)

         (1)  indicates lower limit of analytical determination.

         (2)  Temporary MRL valid until 1 November 2008, pending review of the Annex III dossier under 91/414/EEC and the re-registration of deltamethrin formulations at member state level.’

      ANNEX III
      In part A of Annex II to Directive 90/642/EEC, the columns for azoxystrobin, ‘chlorothalonil, deltamethrin, hexachlorobenzene, ioxynil, oxamyl and quinoxyfen’ are replaced by the following:

                     ‘Pesticide residue and maximum residue level (mg/kg)

                     Groups and examples of individual products to which the MRLs apply

                     Azoxystrobin

                     Chlorothalonil

                     Deltamethrin (cis-deltamethrin) (2)

                     Hexachlorobenzene

                     Ioxynil including its esters expressed as Ioxynil

                     Oxamyl

                     Quinoxyfen

                                 1.

                                 Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts

                     0,01 (1)

                     0,05 (1)
                         (3)

                                 (i)

                                 CITRUS FRUIT

                     1

                     0,01 (1)

                     0,05 (1)

                     0,02 (1)
                         (3)

                     Grapefruit

                     Lemons

                     Limes

                     Mandarins (including clementines and other hybrids)

                     0,02 (1)
                         (3)

                     Oranges

                     Pomelos

                     Others

                     0,01 (1)
                         (3)

                                 (ii)

                                 TREE NUTS (shelled or unshelled)

                     0,1 (1)

                     0,01 (1)

                     0,05 (1)

                     0,01 (1)
                         (3)

                     0,02 (1)
                         (3)

                     Almonds

                     Brazil nuts

                     Cashew nuts

                     Chestnuts

                     Coconuts

                     Hazelnuts

                     Macadamia

                     Pecans

                     Pine nuts

                     Pistachios

                     Walnuts

                     Others

                                 (iii)

                                 POME FRUIT

                     0,05 (1)

                     1

                     0,01 (1)
                         (3)

                     Apples

                     0,2

                     0,05 (3)

                     Pears

                     Quinces

                     Others

                     0,1

                     0,02 (1)
                         (3)

                                 (iv)

                                 STONE FRUIT

                     0,05 (1)

                     0,01 (1)
                         (3)

                     Apricots

                     1

                     0,05 (3)

                     Cherries

                     0,2

                     0,3 (3)

                     Peaches (including nectarines and similar hybrids)

                     1

                     0,05 (3)

                     Plums

                     Others

                     0,01 (1)

                     0,1

                     0,02 (1)
                         (3)

                                 (v)

                                 BERRIES AND SMALL FRUIT

                     0,01 (1)
                         (3)

                                 (a)

                                 Table and wine grapes

                     2

                     0,2

                     1 (3)

                     Table grapes

                     1

                     Wine grapes

                     3

                                 (b)

                                 Strawberries (other than wild)

                     2

                     3

                     0,2

                     0,3 (3)

                                 (c)

                                 Cane fruit (other than wild)

                     0,01 (1)

                     0,02 (1)
                         (3)

                     Blackberries

                     3

                     0,5

                     Dewberries

                     Loganberries

                     Raspberries

                     3

                     Others

                     0,05 (1)

                     0,05 (1)

                                 (d)

                                 Other small fruit and berries (other than wild)

                     0,05 (1)

                     2 (3)

                     Bilberries

                     Cranberries

                     2

                     Currants (red, black and white)

                     10

                     0,5

                     Gooseberries

                     10

                     0,2

                     Others

                     0,01 (1)

                     0,05 (1)

                                 (e)

                                 Wild berries and wild fruit

                     0,05 (1)

                     0,01 (1)

                     0,05 (1)

                     0,02 (1)
                         (3)

                                 (vi)

                                 MISCELLANEOUS

                     0,01 (1)
                         (3)

                     0,02 (1)
                         (3)

                     Avocados

                     Bananas

                     2

                     0,2

                     Dates

                     Figs

                     Kiwi

                     0,2

                     Kumquats

                     Litchis

                     Mangoes

                     0,2

                     Olives (table consumption)

                     1

                     Olives (oil extraction)

                     1

                     Papaya

                     0,2

                     20

                     Passion fruit

                     Pineapples

                     Pomegranate

                     Others

                     0,05 (1)

                     0,01 (1)

                     0,05 (1)

                                 2.

                                 Vegetables, fresh or uncooked, frozen or dry

                     0,01 (1)

                                 (i)

                                 ROOT AND TUBER VEGETABLES

                     0,05 (1)

                     0,01 (1)
                         (3)

                     0,02 (1)
                         (3)

                     Beetroot

                     Carrots

                     0,2

                     1

                     0,2 (3)

                     Cassava

                     Celeriac

                     0,3

                     1

                     Horseradish

                     0,2

                     Jerusalem artichokes

                     Parsnips

                     0,2

                     0,2 (3)

                     Parsley root

                     0,2

                     Radishes

                     0,2

                     Salsify

                     0,2

                     Sweet potatoes

                     Swedes

                     Turnips

                     Yam

                     Others

                     0,05 (1)

                     0,01 (1)

                     0,05 (1)
                         (3)

                                 (ii)

                                 BULB VEGETABLES

                     0,01 (1)
                         (3)

                     0,02 (1)
                         (3)

                     Garlic

                     0,5

                     0,1

                     0,2 (3)

                     Onions

                     0,5

                     0,1

                     0,2 (3)

                     Shallots

                     0,5

                     0,1

                     0,2 (3)

                     Spring onions

                     2

                     5

                     0,1

                     3 (3)

                     Others

                     0,05 (1)

                     0,01 (1)

                     0,05 (1)

                     0,05 (1)
                         (3)

                                 (iii)

                                 FRUITING VEGETABLES

                     0,05 (1)
                         (3)

                                 (a)

                                 Solanacea

                     2

                     2

                     0,02 (1)
                         (3)

                     Tomatoes

                     0,3

                     0,02 (3)

                     Peppers

                     0,02 (3)

                     Aubergines

                     0,3

                     0,02 (3)

                     Okra

                     0,3

                     Others

                     0,2

                     0,01 (1)
                         (3)

                                 (b)

                                 Cucurbits — edible peel

                     1

                     0,2

                     0,02 (1)
                         (3)

                     Cucumbers

                     1

                     0,02 (3)

                     Gherkins

                     5

                     0,02 (3)

                     Courgettes

                     0,03 (3)

                     Others

                     0,01 (1)

                     0,01 (1)
                         (3)

                                 (c)

                                 Cucurbits — inedible peel

                     0,5

                     1

                     0,2

                     0,01 (1)
                         (3)

                     0,05 (3)

                     Melons

                     Squashes

                     Watermelons

                     Others

                                 (d)

                                 Sweet corn

                     0,05 (1)

                     0,01 (1)

                     0,05 (1)

                     0,01 (1)
                         (3)

                     0,02 (1)
                         (3)

                                 (iv)

                                 BRASSICA VEGETABLES

                     0,05 (1)
                         (3)

                     0,01 (1)
                         (3)

                     0,02 (1)
                         (3)

                                 (a)

                                 Flowering brassica

                     0,5

                     3

                     0,1

                     Broccoli (including Calabrese)

                     Cauliflower

                     Others

                                 (b)

                                 Head brassica

                     0,3

                     0,1

                     Brussels sprouts

                     3

                     Head cabbage

                     3

                     Others

                     0,01 (1)

                                 (c)

                                 Leafy brassica

                     5

                     0,01 (1)

                     0,5

                     Chinese cabbage

                     Kale

                     Others

                                 (d)

                                 Kohlrabi

                     0,2

                     0,01 (1)

                     0,05 (1)

                                 (v)

                                 LEAF VEGETABLES AND FRESH HERBS

                     0,05 (1)
                         (3)

                     0,01 (1)
                         (3)

                     0,02 (1)
                         (3)

                                 (a)

                                 Lettuce and similar

                     3

                     0,01 (1)

                     0,5

                     Cress

                     Lamb's lettuce

                     Lettuce

                     Scarole (broad-leaf endive)

                     Ruccola

                     Leaves and stems of brassica, including turnip greens

                     Others

                                 (b)

                                 Spinach and similar

                     0,05 (1)

                     0,01 (1)

                     0,5

                     Spinach

                     Beet leaves (chard)

                     Others

                                 (c)

                                 Water cress

                     0,05 (1)

                     0,01 (1)

                     0,05 (1)

                                 (d)

                                 Witloof

                     0,2

                     0,01 (1)

                     0,05 (1)

                                 (e)

                                 Herbs

                     3

                     5

                     0,5

                     Chervil

                     Chives

                     Parsley

                     Celery leaves

                     Others

                                 (vi)

                                 LEGUME VEGETABLES (fresh)

                     0,2

                     0,05 (1)
                         (3)

                     0,01 (1)
                         (3)

                     0,02 (1)
                         (3)

                     Beans (with pods)

                     1

                     5

                     Beans (without pods)

                     0,2

                     2

                     Peas (with pods)

                     0,5

                     2

                     Peas (without pods)

                     0,2

                     0,3

                     Others

                     0,05 (1)

                     0,01 (1)

                                 (vii)

                                 STEM VEGETABLES (fresh)

                     0,01 (1)
                         (3)

                     Asparagus

                     Cardoons

                     Celery

                     5

                     10

                     Fennel

                     5

                     Globe artichokes

                     1

                     0,1

                     0,3 (3)

                     Leeks

                     2

                     10

                     0,2

                     3 (3)

                     Rhubarb

                     Others

                     0,05 (1)

                     0,01 (1)

                     0,05 (1)

                     0,05 (1)
                         (3)

                     0,02 (1)
                         (3)

                                 (viii)

                                 FUNGI

                     0,05 (1)

                     0,05

                     0,05 (1)
                         (3)

                     0,01 (1)
                         (3)

                     0,02 (1)
                         (3)

                                 (a)

                                 Cultivated mushrooms

                     2

                                 (b)

                                 Wild mushrooms

                     0,01 (1)

                                 3.

                                 Pulses

                     0,1

                     0,01 (1)

                     1

                     0,01 (1)

                     0,05 (1)
                         (3)

                     0,01 (1)
                         (3)

                     0,02 (1)
                         (3)

                     Beans

                     Lentils

                     Peas

                     Lupines

                     Others

                                 4.

                                 Oilseeds

                     0,1 (1)
                         (3)

                     0,02 (1)
                         (3)

                     0,05 (1)
                         (3)

                     Linseed

                     Peanuts

                     0,05

                     Poppy seed

                     Sesame seed

                     Sunflower seed

                     Rapeseed

                     0,5

                     0,1

                     Soya bean

                     0,5

                     Mustard seed

                     0,1

                     Cotton seed

                     Hemp seed

                     Pumpkin seed

                     0,05

                     Others

                     0,05 (1)

                     0,01 (1)

                     0,05 (1)

                     0,02 (1)

                                 5.

                                 Potatoes

                     0,05 (1)

                     0,01 (1)

                     0,05 (1)

                     0,01

                     0,05 (1)
                         (3)

                     0,01 (1)
                         (3)

                     0,02 (1)

                     Early potatoes

                     Ware potatoes

                                 6.

                                 Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis)

                     0,1 (1)

                     0,1 (1)

                     5

                     0,02 (1)

                     0,1 (1)
                         (3)

                     0,02 (1)
                         (3)

                     0,05 (1)
                         (3)

                                 7.

                                 Hops (dried), including hop pellets and unconcentrated powder

                     20

                     50

                     5

                     0,02 (1)

                     0,1 (1)
                         (3)

                     0,02 (1)
                         (3)

                     0,5 (3)

         (1)  Indicates lower limit of analytical determination.

         (2)  Temporary MRLs valid until 1 November 2008, pending review of the Annex III dossier under Directive 91/414/EEC and re-registration of deltamethrin formulations at Member State level.

         (3)  Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.’


Avis juridique important

|

31984L0169

Council Directive 84/169/EEC of 28 February 1984 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (United Kingdom)

Official Journal L 082 , 26/03/1984 P. 0067 - 0112

COUNCIL DIRECTIVE of 28 February 1984 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (United Kingdom) (84/169/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), as last amended by Directive 82/786/EEC (2), and in particular Article 2 (2) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (3),  Whereas Directive 75/276/EEC (4) indicates which areas in the United Kingdom are included in the Community list of less-favoured areas within the meaning of Article 3 (4) of Directive 75/268/EEC;  Whereas, pursuant to Article 2 (1) of Directive 75/268/EEC, the Government of the United Kingdom has requested an extension, via a redefinition, of its less-favoured areas ; whereas Directive 75/276/EEC should therefore be replaced by this Directive;  Whereas, pursuant to Article 2 (1) of Directive 75/268/EEC, the Government of the United Kingdom has informed the Commission that it wishes six areas to be included in the Community list of less-favoured farming areas and has supplied information concerning the characteristics of the areas in question;  Whereas the following criteria of the presence of infertile land as referred to in Article 3 (4) (a) of Directive 75/268/EEC were used to determine each of the zones in question : grassland accounting for more than 70 % of the total utilized agricultural area, a stocking rate of less than one livestock unit per forage hectare and farm rents not exceeding 65 % of the national average;  Whereas the concept of economic results of farming appreciably below average, as referred to in Article 3 (4) (b) of Directive 75/268/EEC, was adopted in terms of a labour income per man-work unit not exceeding 80 % of the national average;  Whereas low population density, as referred to in Article 3 (4) (c) of Directive 75/268/EEC, was defined as not more than 55 inhabitants per square kilometre, excluding the population of urban and industrial centres (the national and Community averages being 229 and 163 inhabitants per square kilometre respectively) ; whereas, excluding the urban and industrial centres, the minimum percentage of the total working population engaged in agriculture is 30 %;  Whereas for defining the areas affected by specific handicaps that may be classified as less-favoured areas as referred to in Article 3 (5) of Directive 75/268/EEC, the criterion was the existence of both adverse natural production conditions (steep slopes, very strong winds, poor drainage) and handicaps resulting from the geographical situation (island location) ; whereas, moreover, the extent of the less-favoured areas in question does not exceed 2,5 % of the Member State's area;  Whereas the type and level of the abovementioned criteria used by the Government of the United Kingdom to determine the areas communicated to the Commission comply with the characteristics of less-favoured farming areas referred to in Article 3 (4) and (5) of Directive 75/268/EEC,  (1) OJ No L 128, 19.5.1975, p. 1. (2) OJ No L 327, 24.11.1982, p. 19. (3) OJ No C 307, 14.11.1983, p. 103. (4) OJ No L 128, 19.5.1975, p. 231.   HAS ADOPTED THIS DIRECTIVE:    Article 1 The areas of the territory of the United Kingdom listed in the Annex shall be included in the Community list of less-favoured farming areas within the meaning of Article 3 (4) and (5) of Directive 75/268/EEC.   Article 2 Directive 75/276/EEC is hereby repealed.   Article 3 This Directive is addressed to the United Kingdom.     Done at Brussels, 28 February 1984.  For the Council  The President  M. ROCARD  ANNEX  >PIC FILE= "T0025627">    >PIC FILE= "T0025628">    >PIC FILE= "T0025629">    >PIC FILE= "T0025630">    >PIC FILE= "T0025631">    >PIC FILE= "T0025632">    >PIC FILE= "T0025633">    >PIC FILE= "T0025634">    >PIC FILE= "T0025635">    >PIC FILE= "T0025636">    >PIC FILE= "T0025637">    >PIC FILE= "T0025638">    >PIC FILE= "T0025639">    >PIC FILE= "T0025640">    >PIC FILE= "T0025641">    >PIC FILE= "T0025642">    >PIC FILE= "T0025643">    >PIC FILE= "T0025644">    >PIC FILE= "T0025645">    >PIC FILE= "T0025646">    >PIC FILE= "T0025647">    >PIC FILE= "T0025648">    >PIC FILE= "T0025649">    >PIC FILE= "T0025650">    >PIC FILE= "T0025651">    >PIC FILE= "T0025652">    >PIC FILE= "T0025653">    >PIC FILE= "T0025654">    >PIC FILE= "T0025655">    >PIC FILE= "T0025656">    >PIC FILE= "T0025657">    >PIC FILE= "T0025658">    >PIC FILE= "T0025659">    >PIC FILE= "T0025660">    >PIC FILE= "T0025661">    >PIC FILE= "T0025662">    >PIC FILE= "T0025663">    >PIC FILE= "T0025664">    >PIC FILE= "T0025665">    >PIC FILE= "T0025666">    >PIC FILE= "T0025667">    >PIC FILE= "T0025668">    >PIC FILE= "T0025669">    >PIC FILE= "T0025670">