title: Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport  Text with EEA relevance

text:
               6.8.2010

               EN

               Official Journal of the European Union

               L 207/1

         DIRECTIVE 2010/40/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 7 July 2010
   on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport
   (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 91 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having consulted the Committee of the Regions,
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               The increase in the volume of road transport in the Union associated with the growth of the European economy and mobility requirements of citizens is the primary cause of increasing congestion of road infrastructure and rising energy consumption, as well as a source of environmental and social problems.

               (2)

               The response to those major challenges cannot be limited to traditional measures, inter alia the expansion of the existing road transport infrastructure. Innovation will have a major role to play in finding appropriate solutions for the Union.

               (3)

               Intelligent Transport Systems (ITS) are advanced applications which without embodying intelligence as such aim to provide innovative services relating to different modes of transport and traffic management and enable various users to be better informed and make safer, more coordinated and ‘smarter’ use of transport networks.

               (4)

               ITS integrate telecommunications, electronics and information technologies with transport engineering in order to plan, design, operate, maintain and manage transport systems. The application of information and communication technologies to the road transport sector and its interfaces with other modes of transport will make a significant contribution to improving environmental performance, efficiency, including energy efficiency, safety and security of road transport, including the transport of dangerous goods, public security and passenger and freight mobility, whilst at the same time ensuring the functioning of the internal market as well as increased levels of competitiveness and employment. However, ITS applications should be without prejudice to matters concerning national security or which are necessary in the interest of defence.

               (5)

               Advances in the field of the application of information and communication technologies to other modes of transport should now be reflected in developments in the road transport sector, in particular with a view to ensuring higher levels of integration between road transport and other modes of transport.

               (6)

               In some Member States national applications of these technologies are already being deployed in the road transport sector. However, such deployment remains fragmented and uncoordinated and cannot provide geographical continuity of ITS services throughout the Union and at its external borders.

               (7)

               To ensure a coordinated and effective deployment of ITS within the Union as a whole, specifications, including, where appropriate, standards, defining further detailed provisions and procedures should be introduced. Before adopting any specifications, the Commission should assess their compliance with certain defined principles set out in Annex II. Priority should be given in the first instance to the four main areas of ITS development and deployment. Within those four areas, priority actions should be established for the development and use of specifications and standards. During further implementation of ITS the existing ITS infrastructure deployed by a particular Member State should be taken into account in terms of technological progress and financial efforts made.

               (8)

               When a legislative act is adopted as referred to in the second subparagraph of Article 6(2) of this Directive, the second sentence of Article 5(1) should be amended accordingly.

               (9)

               The specifications should, inter alia take into account and build upon the experience and results already obtained in the field of ITS, notably in the context of the eSafety initiative, launched by the Commission in April 2002. The eSafety Forum was established by the Commission under that initiative to promote and further implement recommendations to support the development, deployment and use of eSafety systems.

               (10)

               Vehicles which are operated mainly for their historical interest and were originally registered and/or type-approved and/or put into service before the entry into force of this Directive and of its implementing measures should not be affected by the rules and procedures laid down in this Directive.

               (11)

               ITS should build on interoperable systems which are based on open and public standards and available on a non-discriminatory basis to all application and service suppliers and users.

               (12)

               The deployment and use of ITS applications and services will entail the processing of personal data. Such processing should be carried out in accordance with Union law, as set out, in particular, in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) and in Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (4), inter alia, the principles of purpose limitation and data minimisation should be applied to ITS applications.

               (13)

               Anonymisation as one of the principles of enhancing individuals' privacy should be encouraged. As far as data protection and privacy related issues in the field of ITS applications and services deployment are concerned, the Commission should, as appropriate, further consult the European Data Protection Supervisor and request an opinion of the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC.

               (14)

               The deployment and use of ITS applications and services, and notably traffic and travel information services, will entail the processing and use of road, traffic and travel data forming part of documents held by public sector bodies of the Member States. Such processing and use should be carried out in accordance with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (5).

               (15)

               In appropriate cases, the specifications should include detailed provisions laying down the procedure governing assessment of conformity or suitability for use of constituents. Those provisions should be based on Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products (6), in particular concerning the modules for the various phases of the conformity assessment procedures. Directive 2007/46/EC of the European Parliament and of the Council (7) already establishes a framework for the type approval of motor vehicles and their parts or related equipment, and Directive 2002/24/EC of the European Parliament and of the Council (8) and Directive 2003/37/EC of the European Parliament and of the Council (9) lay down rules on the type approval of two or three-wheel motor vehicles, and agricultural or forestry tractors and their parts or related equipment. Therefore, it would be a duplication of work to provide for conformity assessment of equipment and applications falling within the scope of those Directives. At the same time, although those Directives apply to ITS-related equipment installed in vehicles, they do not apply to external road infrastructure ITS equipment and software. In such cases, the specifications could provide for conformity assessment procedures. Such procedures should be limited to what would be necessary in each separate case.

               (16)

               For ITS applications and services for which accurate and guaranteed timing and positioning services are required, satellite-based infrastructures or any technology providing an equivalent level of precisions should be used, such as those provided for in Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations (10) and Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo) (11).

               (17)

               Innovative technologies such as Radio Frequency Identification Devices (RFID) or EGNOS/Galileo should be used for the realisation of ITS applications, notably for the tracking and tracing of freight along its journey and across modes of transport.

               (18)

               Major stakeholders such as ITS service providers, associations of ITS users, transport and facilities operators, representatives of the manufacturing industry, social partners, professional associations and local authorities should have the possibility to advise the Commission on the commercial and technical aspects of the deployment of ITS within the Union. For this purpose the Commission, ensuring close cooperation with stakeholders and Member States, should set up an ITS advisory group. The work of the advisory group should be carried out in a transparent manner and the result should be made available to the Committee established by this Directive.

               (19)

               Uniform conditions of implementation should be ensured for the adoption of guidelines and non-binding measures to facilitate Member States cooperation in respect of priority areas on ITS as well as in respect of guidelines for reporting by the Member States and of a working programme.

               (20)

               According to Article 291 of the Treaty on the Functioning of the European Union (TFEU), rules and general principles concerning mechanisms for the control by Member States of the Commission's exercise of implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12) continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable.

               (21)

               The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the TFEU in respect of the adoption of specifications. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

               (22)

               In order to guarantee a coordinated approach, the Commission should ensure coherence between the activities of the Committee established by this Directive and those of the Committee established by Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community (13), the Committee established by Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (14), the Committee established by Directive 2007/46/EC and the Committee established by Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (15).

               (23)

               Since the objective of this Directive, namely to ensure the coordinated and coherent deployment of interoperable Intelligent Transport Systems throughout the Union cannot be sufficiently achieved by the Member States and/or the private sector and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (24)

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

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter and scope
   1.   This Directive establishes a framework in support of the coordinated and coherent deployment and use of Intelligent Transport Systems (ITS) within the Union, in particular across the borders between the Member States, and sets out the general conditions necessary for that purpose.
   2.   This Directive provides for the development of specifications for actions within the priority areas referred to in Article 2, as well as for the development, where appropriate, of necessary standards.
   3.   This Directive shall apply to ITS applications and services in the field of road transport and to their interfaces with other modes of transport without prejudice to matters concerning national security or necessary in the interest of defence.
   Article 2
   Priority areas
   1.   For the purpose of this Directive the following shall constitute priority areas for the development and use of specifications and standards:

               — I.

               Optimal use of road, traffic and travel data,

               — II.

               Continuity of traffic and freight management ITS services,

               — III.

               ITS road safety and security applications,

               — IV.

               Linking the vehicle with the transport infrastructure.

         2.   The scope of the priority areas is specified in Annex I.
   Article 3
   Priority actions
   Within the priority areas the following shall constitute priority actions for the development and use of specifications and standards, as set out in Annex I:

               (a)

               the provision of EU-wide multimodal travel information services;

               (b)

               the provision of EU-wide real-time traffic information services;

               (c)

               data and procedures for the provision, where possible, of road safety related minimum universal traffic information free of charge to users;

               (d)

               the harmonised provision for an interoperable EU-wide eCall;

               (e)

               the provision of information services for safe and secure parking places for trucks and commercial vehicles;

               (f)

               the provision of reservation services for safe and secure parking places for trucks and commercial vehicles.

         Article 4
   Definitions
   For the purposes of this Directive, the following definitions shall apply:

               (1)

               ‘Intelligent Transport Systems’ or ‘ITS’ means systems in which information and communication technologies are applied in the field of road transport, including infrastructure, vehicles and users, and in traffic management and mobility management, as well as for interfaces with other modes of transport;

               (2)

               ‘interoperability’ means the capacity of systems and the underlying business processes to exchange data and to share information and knowledge;

               (3)

               ‘ITS application’ means an operational instrument for the application of ITS;

               (4)

               ‘ITS service’ means the provision of an ITS application through a well-defined organisational and operational framework with the aim of contributing to user safety, efficiency, comfort and/or to facilitate or support transport and travel operations;

               (5)

               ‘ITS service provider’ means any provider of an ITS service, whether public or private;

               (6)

               ‘ITS user’ means any user of ITS applications or services including travellers, vulnerable road users, road transport infrastructure users and operators, fleet managers and operators of emergency services;

               (7)

               ‘vulnerable road users’ means non-motorised road users, such as pedestrians and cyclists as well as motor-cyclists and persons with disabilities or reduced mobility and orientation;

               (8)

               ‘nomadic device’ means a portable communication or information device that can be brought inside the vehicle to support the driving task and/or the transport operations;

               (9)

               ‘platform’ means an on-board or off-board unit enabling the deployment, provision, exploitation and integration of ITS applications and services;

               (10)

               ‘architecture’ means the conceptual design that defines the structure, behaviour and integration of a given system in its surrounding context;

               (11)

               ‘interface’ means a facility between systems which provides the media through which they can connect and interact;

               (12)

               ‘compatibility’ means the general ability of a device or system to work with another device or system without modification;

               (13)

               ‘continuity of services’ means the ability to ensure seamless services on transport networks across the Union;

               (14)

               ‘road data’ means data on road infrastructure characteristics, including fixed traffic signs or their regulatory safety attributes;

               (15)

               ‘traffic data’ means historic and real-time data on road traffic characteristics;

               (16)

               ‘travel data’ means basic data such as public transport timetables and tariffs, necessary to provide multi-modal travel information before and during the trip to facilitate travel planning, booking and adaptation;

               (17)

               ‘specification’ means a binding measure laying down provisions containing requirements, procedures or any other relevant rules;

               (18)

               ‘standard’ means standard as defined in Article 1(6) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (16).

         Article 5
   Deployment of ITS
   1.   Member States shall take the necessary measures to ensure that the specifications adopted by the Commission in accordance with Article 6 are applied to ITS applications and services, when these are deployed, in accordance with the principles in Annex II. This is without prejudice to the right of each Member State to decide on its deployment of such applications and services on its territory. This right is without prejudice to any legislative act adopted under the second subparagraph of Article 6(2).
   2.   Member States shall also make efforts to cooperate in respect of the priority areas, insofar as no specifications have been adopted.
   Article 6
   Specifications
   1.   The Commission shall first adopt the specifications necessary to ensure the compatibility, interoperability and continuity for the deployment and operational use of ITS for the priority actions.
   2.   The Commission shall aim at adopting specifications for one or more of the priority actions by 27 February 2013.
   At the latest 12 months after the adoption of the necessary specifications for a priority action, the Commission shall, where appropriate, after conducting an impact assessment including a cost-benefit analysis, present a proposal to the European Parliament and the Council in accordance with Article 294 of the TFEU on the deployment of that priority action.
   3.   Once the necessary specifications for the priority actions have been adopted, the Commission shall adopt specifications ensuring compatibility, interoperability and continuity for the deployment and operational use of ITS for other actions in the priority areas.
   4.   Where relevant, and depending on the area covered by the specification, the specification shall include one or more of the following types of provisions:

               (a)

               functional provisions that describe the roles of the various stakeholders and the information flow between them;

               (b)

               technical provisions that provide for the technical means to fulfil the functional provisions;

               (c)

               organisational provisions that describe the procedural obligations of the various stakeholders;

               (d)

               service provisions that describe the various levels of services and their content for ITS applications and services.

         5.   Without prejudice to the procedures under Directive 98/34/EC the specifications shall, where appropriate, stipulate the conditions in which Member States may, after notification to the Commission, establish additional rules for the provision of ITS services on all or part of their territory, provided that those rules do not hinder interoperability.
   6.   The specifications shall, where appropriate, be based on any standards referred to in Article 8.
   The specifications shall, as appropriate, provide for conformity assessment in accordance with Decision No 768/2008/EC.
   The specifications shall comply with the principles set out in Annex II.
   7.   The Commission shall conduct an impact assessment including a cost-benefit analysis prior to the adoption of the specifications.
   Article 7
   Delegated acts
   1.   The Commission may adopt delegated acts in accordance with Article 290 of the TFEU as regards specifications. When adopting such delegated acts the Commission shall act in accordance with the relevant provisions of this Directive, in particular Article 6 and Annex II.
   2.   A separate delegated act shall be adopted for each of the priority actions.
   3.   For the delegated acts referred to in this Article, the procedure set out in Articles 12, 13 and 14 shall apply.
   Article 8
   Standards
   1.   The necessary standards to provide for interoperability, compatibility and continuity for the deployment and operational use of ITS shall be developed in the priority areas and for the priority actions. To that effect, the Commission, after having consulted the Committee referred to in Article 15, shall request the relevant standardisation bodies in accordance with the procedure laid down in Directive 98/34/EC to make every necessary effort to adopt these standards rapidly.
   2.   When issuing a mandate to the standardisation bodies, the principles set out in Annex II shall be observed as well as any functional provision included in a specification adopted in accordance with Article 6.
   Article 9
   Non-binding measures
   The Commission may adopt guidelines and other non-binding measures to facilitate Member States' cooperation relating to the priority areas in accordance with the advisory procedure referred to in Article 15(2).
   Article 10
   Rules on privacy, security and re-use of information
   1.   Member States shall ensure that the processing of personal data in the context of the operation of ITS applications and services is carried out in accordance with Union rules protecting fundamental rights and freedoms of individuals, in particular Directive 95/46/EC and Directive 2002/58/EC.
   2.   In particular, Member States shall ensure that personal data are protected against misuse, including unlawful access, alteration or loss.
   3.   Without prejudice to paragraph 1, in order to ensure privacy, the use of anonymous data shall be encouraged, where appropriate, for the performance of the ITS applications and services.
   Without prejudice to Directive 95/46/EC personal data shall only be processed insofar as such processing is necessary for the performance of ITS applications and services.
   4.   With regard to the application of Directive 95/46/EC and in particular where special categories of personal data are involved, Member States shall also ensure that the provisions on consent to the processing of such personal data are respected.
   5.   Directive 2003/98/EC shall apply.
   Article 11
   Rules on liability
   Member States shall ensure that issues related to liability, concerning the deployment and use of ITS applications and services set out in specifications adopted in accordance with Article 6, are addressed in accordance with Union law, including in particular Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (17) as well as relevant national legislation.
   Article 12
   Exercise of the delegation
   1.   The power to adopt the delegated acts referred to in Article 7 shall be conferred on the Commission for a period of seven years following 27 August 2010. The Commission shall make a report in respect of the delegated powers no later than six months before the end of a five year period following 27 August 2010.
   2.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
   3.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 13 and 14.
   Article 13
   Revocation of the delegation
   1.   The delegation of powers referred to in Article 7 may be revoked by the European Parliament or by the Council.
   2.   The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.
   3.   The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
   Article 14
   Objections to delegated acts
   1.   The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.
   At the initiative of the European Parliament or the Council this period shall be extended by two months.
   2.   If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.
   The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
   3.   If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
   Article 15
   Committee procedure
   1.   The Commission shall be assisted by the European ITS Committee (EIC).
   2.   Where reference is made to this paragraph, Article 3 and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   Article 16
   European ITS Advisory Group
   The Commission shall establish a European ITS Advisory Group to advise it on business and technical aspects of the deployment and use of ITS in the Union. The group shall be composed of high level representatives from relevant ITS service providers, associations of users, transport and facilities operators, manufacturing industry, social partners, professional associations, local authorities and other relevant fora.
   Article 17
   Reporting
   1.   Member States shall submit to the Commission by 27 August 2011 a report on their national activities and projects regarding the priority areas.
   2.   Member States shall provide the Commission by 27 August 2012 with information on national ITS actions envisaged over the following five year period.
   Guidelines for reporting by the Member States shall be adopted in accordance with the advisory procedure referred to in Article 15(2).
   3.   Following the initial report, Member States shall report every three years on the progress made in the deployment of the actions referred to in paragraph 1.
   4.   The Commission shall submit a report every three years to the European Parliament and to the Council on the progress made for the implementation of this Directive. The report shall be accompanied by an analysis on the functioning and implementation, including the financial resources used and needed, of Articles 5 to 11 and Article 16, and shall assess the need to amend this Directive, where appropriate.
   5.   In accordance with the advisory procedure referred to in Article 15(2), the Commission shall adopt a working program by 27 February 2011. The working program shall include objectives and dates for its implementation every year and if necessary shall propose the necessary adaptations.
   Article 18
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 27 February 2012.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference, and its wording, 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 19
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 20
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 7 July 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 277, 17.11.2009, p. 85.

      (2)  Position of the European Parliament of 23 April 2009 (not yet published in the Official Journal), position of the Council of 10 May 2010 (not yet published in the Official Journal), position of the European Parliament of 6 July 2010 (not yet published in the Official Journal).

      (3)  OJ L 281, 23.11.1995, p. 31.

      (4)  OJ L 201, 31.7.2002, p. 37.

      (5)  OJ L 345, 31.12.2003, p. 90.

      (6)  OJ L 218, 13.8.2008, p. 82.

      (7)  OJ L 263, 9.10.2007, p. 1.

      (8)  OJ L 124, 9.5.2002, p. 1.

      (9)  OJ L 171, 9.7.2003, p. 1.

      (10)  OJ L 3, 5.1.2005, p. 1.

      (11)  OJ L 196, 24.7.2008, p. 1.

      (12)  OJ L 184, 17.7.1999, p. 23.

      (13)  OJ L 166, 30.4.2004, p. 124.

      (14)  OJ L 370, 31.12.1985, p. 8.

      (15)  OJ L 108, 25.4.2007, p. 1.

      (16)  OJ L 204, 21.7.1998, p. 37.

      (17)  OJ L 210, 7.8.1985, p. 29.

      ANNEX I

         PRIORITY AREAS AND ACTIONS

      (as referred to in Articles 2 and 3)
      —   Priority area I: Optimal use of road, traffic and travel data

      The specifications and standards for an optimal use of road, traffic and travel data shall include the following:
      1.   Specifications for priority action (a)
      The definition of the necessary requirements to make EU-wide multimodal travel information services accurate and available across borders to ITS users, based on:

                  —

                  the availability and accessibility of existing and accurate road and real-time traffic data used for multimodal travel information to ITS service providers without prejudice to safety and transport management constraints,

                  —

                  the facilitation of the electronic data exchange between the relevant public authorities and stakeholders and the relevant ITS service providers, across borders,

                  —

                  the timely updating of available road and traffic data used for multimodal travel information by the relevant public authorities and stakeholders,

                  —

                  the timely updating of multimodal travel information by the ITS service providers.

            2.   Specifications for priority action (b)
      The definition of the necessary requirements to make EU-wide real-time traffic information services accurate and available across borders to ITS users, based on:

                  —

                  the availability and accessibility of existing and accurate road and real-time traffic data used for real-time traffic information to ITS service providers without prejudice to safety and transport management constraints,

                  —

                  the facilitation of the electronic data exchange between the relevant public authorities and stakeholders and the relevant ITS service providers, across borders,

                  —

                  the timely updating of available road and traffic data used for real-time traffic information by the relevant public authorities and stakeholders,

                  —

                  the timely updating of real-time traffic information by the ITS service providers.

            3.   Specifications for priority actions (a) and (b)

                  3.1.

                  The definition of the necessary requirements for the collection by relevant public authorities and/or, where relevant, by the private sector of road and traffic data (i.e. traffic circulation plans, traffic regulations and recommended routes, notably for heavy goods vehicles) and for their provisioning to ITS service providers, based on:

                              —

                              the availability, to ITS service providers, of existing road and traffic data (i.e. traffic circulation plans, traffic regulations and recommended routes) collected by the relevant public authorities and/or the private sector,

                              —

                              the facilitation of the electronic data exchange between the relevant public authorities and the ITS service providers,

                              —

                              the timely updating, by the relevant public authorities and/or, where relevant, the private sector, of road and traffic data (i.e. traffic circulation plans, traffic regulations and recommended routes),

                              —

                              the timely updating, by the ITS service providers, of the ITS services and applications using these road and traffic data.

                  3.2.

                  The definition of the necessary requirements to make road, traffic and transport services data used for digital maps accurate and available, where possible, to digital map producers and service providers, based on:

                              —

                              the availability of existing road and traffic data used for digital maps to digital map producers and service providers,

                              —

                              the facilitation of the electronic data exchange between the relevant public authorities and stakeholders and the private digital map producers and service providers,

                              —

                              the timely updating of road and traffic data for digital maps by the relevant public authorities and stakeholders,

                              —

                              the timely updating of the digital maps by the digital map producers and service providers.

            4.   Specifications for priority action (c)
      The definition of minimum requirements, for road safety related ‘universal traffic information’ provided, where possible, free of charge to all users, as well as their minimum content, based on:

                  —

                  the identification and use of a standardised list of safety related traffic events (‘universal traffic messages’) which should be communicated to ITS users free of charge,

                  —

                  The compatibility and the integration of ‘universal traffic messages’ into ITS services for real-time traffic and multimodal travel information.

            —   Priority area II: Continuity of traffic and freight management ITS services

      The specifications and standards for the continuity and interoperability of traffic and freight management services, in particular on the TEN-T network, shall include the following:
      1.   Specifications for other actions

                  1.1.

                  The definition of the necessary measures to develop an EU ITS Framework Architecture, addressing specifically ITS-related interoperability, continuity of services and multi-modality aspects, including for example multimodal interoperable ticketing, within which Member States and their competent authorities in cooperation with the private sector can develop their own ITS architecture for mobility at national, regional or local level.

                  1.2.

                  The definition of the minimum necessary requirements for the continuity of ITS services, in particular for cross-border services, for the management of passenger transport across different modes of transport, based on:

                              —

                              the facilitation of the electronic exchange for traffic data and information across borders, and where appropriate, regions, or between urban and inter-urban areas between the relevant traffic information/control centres and different stakeholders,

                              —

                              the use of standardised information flows or traffic interfaces between the relevant traffic information/control centres and different stakeholders.

                  1.3.

                  The definition of the minimum necessary requirements for the continuity of ITS services for the management of freight along transport corridors and across different modes of transport, based on:

                              —

                              the facilitation of the electronic exchange for traffic data and information across borders, and where appropriate, regions, or between urban and inter-urban areas between the relevant traffic information/control centres and different stakeholders,

                              —

                              the use of standardised information flows or traffic interfaces between the relevant traffic information/control centres and different stakeholders.

                  1.4.

                  The definition of the necessary measures in the realisation of ITS applications (notably the tracking and tracing of freight along its journey and across modes of transport) for freight transport logistics (eFreight), based on:

                              —

                              the availability of relevant ITS technologies to and their use by ITS application developers,

                              —

                              the integration of positioning results in the traffic management tools and centres.

                  1.5.

                  The definition of the necessary interfaces to ensure interoperability and compatibility between the urban ITS architecture and the European ITS architecture based on:

                              —

                              the availability of public transport, travel planning, transport demand, traffic data and parking data to urban control centres and service providers,

                              —

                              the facilitation of the electronic data exchange between the different urban control centres and service providers for public or private transport and through all possible modes of transport,

                              —

                              the integration of all relevant data and information in a single architecture.

            —   Priority area III: ITS road safety and security applications

      The specifications and standards for ITS road safety and security applications shall include the following:

                  1.

                  Specifications for priority action (d)
                  The definition of the necessary measures for the harmonised provision of an interoperable EU-wide eCall, including:

                              —

                              the availability of the required in-vehicle ITS data to be exchanged,

                              —

                              the availability of the necessary equipment in the emergency call response centres receiving the data emitted from the vehicles,

                              —

                              the facilitation of the electronic data exchange between the vehicles and the emergency call response centres.

                  2.

                  Specifications for priority action (e)
                  The definition of the necessary measures to provide ITS based information services for safe and secure parking places for trucks and commercial vehicles, in particular in service and rest areas on roads, based on:

                              —

                              the availability of the road parking information to users,

                              —

                              the facilitation of the electronic data exchange between road parking sites, centres and vehicles.

                  3.

                  Specifications for priority action (f)
                  The definition of the necessary measures to provide ITS based reservation services for safe and secure parking places for trucks and commercial vehicles based on:

                              —

                              the availability of the road parking information to users,

                              —

                              the facilitation of the electronic data exchange between road parking sites, centres and vehicles,

                              —

                              the integration of relevant ITS technologies in both vehicles and road parking facilities to update the information on available parking space for reservation purposes.

                  4.

                  Specifications for other actions

                              4.1.

                              The definition of the necessary measures to support the safety of road users with respect to their on-board Human-Machine-Interface and the use of nomadic devices to support the driving task and/or the transport operation, as well as the security of the in-vehicle communications.

                              4.2.

                              The definition of the necessary measures to improve the safety and comfort of vulnerable road users for all relevant ITS applications.

                              4.3.

                              The definition of necessary measures to integrate advanced driver support information systems into vehicles and road infrastructure which fall outside the scope of Directives 2007/46/EC, 2002/24/EC and 2003/37/EC.

            —   Priority area IV: Linking the vehicle with the transport infrastructure

      The specifications and standards for linking vehicles with the transport infrastructure shall include the following:

                  1.

                  Specifications for other actions

                              1.1.

                              The definition of necessary measures to integrate different ITS applications on an open in-vehicle platform, based on:

                                          —

                                          the identification of functional requirements of existing or planned ITS applications,

                                          —

                                          the definition of an open-system architecture which defines the functionalities and interfaces necessary for the interoperability/interconnection with infrastructure systems and facilities,

                                          —

                                          the integration of future new or upgraded ITS applications in a ‘plug and play’ manner into an open in-vehicle platform,

                                          —

                                          the use of a standardisation process for the adoption of the architecture, and the open in-vehicle specifications.

                              1.2.

                              The definition of necessary measures to further progress the development and implementation of cooperative (vehicle-vehicle, vehicle-infrastructure, infrastructure-infrastructure) systems, based on:

                                          —

                                          the facilitation of the exchange of data or information between vehicles, infrastructures and between vehicle and infrastructure,

                                          —

                                          the availability of the relevant data or information to be exchanged to the respective vehicle or road infrastructure parties,

                                          —

                                          the use of a standardised message format for the exchange of data or information between the vehicle and the infrastructure,

                                          —

                                          the definition of a communication infrastructure for data or information exchange between vehicles, infrastructures and between vehicle and infrastructure,

                                          —

                                          the use of standardisation processes to adopt the respective architectures.

      ANNEX II
      PRINCIPLES FOR SPECIFICATIONS AND DEPLOYMENT OF ITS
      (as referred to in Articles 5, 6 and 8)
      The adoption of specifications, the issuing of mandates for standards and the selection and deployment of ITS applications and services shall be based upon an evaluation of needs involving all relevant stakeholders, and shall comply with the following principles. These measures shall:
      (a)   Be effective– make a tangible contribution towards solving the key challenges affecting road transportation in Europe (e.g. reducing congestion, lowering of emissions, improving energy efficiency, attaining higher levels of safety and security including vulnerable road users);
      (b)   Be cost-efficient– optimise the ratio of costs in relation to output with regard to meeting objectives;
      (c)   Be proportionate– provide, where appropriate, for different levels of achievable service quality and deployment, taking into account the local, regional, national and European specificities;
      (d)   Support continuity of services– ensure seamless services across the Union, in particular on the trans-European network, and where possible at its external borders, when ITS services are deployed. Continuity of services should be ensured at a level adapted to the characteristics of the transport networks linking countries with countries, and where appropriate, regions with regions and cities with rural areas;
      (e)   Deliver interoperability– ensure that systems and the underlying business processes have the capacity to exchange data and to share information and knowledge to enable effective ITS service delivery;
      (f)   Support backward compatibility– ensure, where appropriate, the capability for ITS systems to work with existing systems that share a common purpose, without hindering the development of new technologies;
      (g)   Respect existing national infrastructure and network characteristics– take into account the inherent differences in the transport network characteristics, in particular in the sizes of the traffic volumes and in road weather conditions;
      (h)   Promote equality of access– do not impede or discriminate against access to ITS applications and services by vulnerable road users;
      (i)   Support maturity– demonstrate, after appropriate risk assessment, the robustness of innovative ITS systems, through a sufficient level of technical development and operational exploitation;
      (j)   Deliver quality of timing and positioning– use of satellite-based infrastructures, or any technology providing equivalent levels of precision for the purposes of ITS applications and services that require global, continuous, accurate and guaranteed timing and positioning services;
      (k)   Facilitate inter-modality– take into account the coordination of various modes of transport, where appropriate, when deploying ITS;
      (l)   Respect coherence– take into account existing Union rules, policies and activities which are relevant in the field of ITS, in particular in the field of standardisation.


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31987L0372

Council Directive 87/372/EEC of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community

Official Journal L 196 , 17/07/1987 P. 0085 - 0086 Finnish special edition: Chapter 13 Volume 16 P. 0151  Swedish special edition: Chapter 13 Volume 16 P. 0151

*****COUNCIL  DIRECTIVE  of 25 June 1987  on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community  (87/372/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),  Whereas recommendation 84/549/EEC (3) calls for the introduction of services on the basis of a common harmonized approach in the field of telecommunications;  Whereas the resources offered by modern telecommunications networks should be utilized to the full for the economic development of the Community;  Whereas mobile radio services are the only means of contacting users on the move and the most efficient means for those users to be connected to public telecommunications networks;  Whereas mobile communications depend on the allocation and availability of frequency bands in order to transmit and receive between fixed-base stations and mobile stations;  Whereas the frequencies and land-based mobile communications systems currently in use in the Community vary widely and do not allow all users on the move in vehicles, boats, trains, or on foot throughout the Community, including on inland or coastal waters, to reap the benefits of European-wide services and European-wide markets;  Whereas the change-over to the second generation cellular digital mobile communications system will provide a unique opportunity of establishing truly pan-European mobile communications;  Whereas the European Conference of Postal and Telecommunications Administrations (CEPT) has recommended that frequencies 890-915 and 935-690 MHz be allocated to such a system, in accordance with the International Telecommunications Union (ITU) Radio Regulations allocating such frequencies to mobile radio services use as well;  Whereas parts of these frequency bands are being used or are intended for use by certain Member States for interim systems and other radio services;  Whereas the progressive availability of the full range of the frequency bands set out above will be indispensable for the establishment of truly pan-European mobile communications;  Whereas the implementation of Council recommendation 87/371/EEC of 25 June 1987 on the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (4), aiming at starting a pan-European system by 1991 at the latest, will allow the speedy specification of the radio transmission path;  Whereas on the basis of present technological and market trends it would appear to be realistic to envisage the exclusive occupation of the 890-915 and 935-960 MHz frequency bands by the pan-European system within 10 years of 1 January 1991;  Whereas Council Directive 86/361/EEC of 24 July 1986 on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment (5) will allow the rapid establishment of common conformity specifications for the pan-European cellular digital mobile communications system;  Whereas the report on public mobile communications drawn up by the Analysis and Forecasting Group (GAP) for the Senior Officials Group on Telecommunications (SOG-T) has drawn attention to the necessity for the availability of adequate frequencies as a vital pre-condition for pan-European cellular digital mobile comunications;  Whereas favourable opinions on this report have been delivered by the telecommunications administrations, by the European Conference of Postal and Telecommunications Administrations (CEPT) and the telecommunications equipment manufacturers in the Member States,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. Member States shall ensure that the 905-914 and 950-959 MHz frequency bands or equivalent parts of the bands mentioned in paragraph 2 are reserved exclusively (1) for a public pan-European cellular digital mobile communications service by 1 January 1991.  2. Member States shall ensure that the necessary plans are prepared for the public pan-European cellular digital mobile communications service to be able to occupy the whole of the 890-915 and 935-960 Mhz bands according to commerical demand as quickly as possible.  Article 2  The Commission shall report to the Council on the implementation of the Directive not later than the end of 1996.  Article 3  For the purposes of this Directive, a public pan-European cellular digital land-based mobile communications service shall mean a public cellular radio service provided in each of the Member States to a common specification, which includes the feature that all voice signals are encoded into binary digits prior to radio transmission, and where users provided with a service in one Member State can also gain access to the service in any other Member State.  Article 4  1. Member States shall bring into force the provisions necessary to comply with this Directive within 18 months of its notification (2). They shall forthwith inform the Commission threof.  2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.  Article 5  This Directive is addressed to the Member States.  Done at Luxembourg, 25 June 1987.  For the Council  The President  H. DE CROO  (1) OJ No C 69, 17. 3. 1987, p. 9.  (2) OJ No C 125, 11. 5. 1987, p. 159.  (3) OJ No L 298, 16. 11. 1984, p. 49.  (4) See page 81 of this Official Journal.  (5) OJ No L 217, 5. 8. 1986, p. 21.  (1) With the exception of the use of these frequencies for point-to-point connections existing when the Directive enters into force provided they do not interfere with the public pan-European cellular digital mobile communications service and do not prevent its establishment or extension.  (2) This Directive was notified to the Member States on 26 June 1987.


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32002L0054

Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed

Official Journal L 193 , 20/07/2002 P. 0012 - 0032

Council Directive 2002/54/ECof 13 June 2002on the marketing of beet seedTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament(1),Having consulted the Economic and Social Committee,Whereas:(1) Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed(2) has been frequently and substantially amended(3). For reasons of clarity and rationality the said Directive should be codified.(2) The production of sugar beet and fodder beet (hereinafter called "beet") occupies an important place in the agriculture of the Community.(3) Satisfactory results in beet cultivation depend to a large extent on the use of appropriate seed.(4) Greater productivity will be achieved in Community beet cultivation if for the choice of varieties permitted to be marketed the Member States apply uniform rules which are as strict as possible. A common catalogue of varieties of agricultural plant species is therefore provided for in Council Directive 2002/53/EC(4).(5) It is desirable to establish a uniform certification scheme for the Community based on the experience gained in the application of schemes in the Member States and those of the Organisation for Economic Cooperation and Development. In the context of the consolidation of the internal market, the Community scheme should offer no possibilities for Member States to derogate unilaterally from the scheme in a way that would hinder the free movement of seeds within the Community.(6) As a general rule, beet seed should be allowed to be marketed only if it has been officially examined and certified, in accordance with the rules for certification, as basic seed or certified seed. The choice of the technical terms "basic seed" and "certified seed" is based on already existing international terminology. It should be possible under specified conditions to place on the market bred seed of generations prior to basic seed and seed as grown.(7) Community rules should not apply to seed shown to be intended for export to third countries.(8) In order to improve the quality of Community beet seed, certain requirements must be laid down as to, amongst others, polyploidy, monogermity, segmentation, analytical purity, germination and moisture content.(9) In order to ensure identity of the seed, Community rules on packaging, sampling, sealing and marking must be established. To this end the labels should give the particulars needed both for official verification and for the information of the farmer and should clearly show the Community nature of the certification.(10) Rules for the marketing of chemically treated seed, seeds suitable for organic growing as well as the conservation by use, in situ, of varieties threatened with genetic erosion should be introduced.(11) Derogations should be permitted under certain conditions, without prejudice to the provisions of Article 14 of the Treaty. Member States making use of derogations should assist each other administratively as regards inspection.(12) In order to ensure that both the requirements as to the quality of seed and the provisions for ensuring its identity are complied with during marketing, Member States should make provision for appropriate control arrangements.(13) Seed satisfying these requirements should, without prejudice to Article 30 of the Treaty, be subject to no marketing restrictions other than those provided for in Community rules.(14) Subject to certain conditions, seed multiplied in another country from basic seed certified in a Member State should be certified as seed multiplied in that Member State.(15) Provision should be made for authorising the marketing within the Community of beet seed harvested in third countries only if such seed affords the same assurances as seed officially certified within the Community and complying with Community rules.(16) During periods in which there are difficulties in obtaining supplies of certified seed of the various categories, seeds of a category subject to less stringent requirements, as well as seeds of varieties not included in the Common Catalogue of Varieties or in the national Catalogue of Varieties, should temporarily be permitted to be marketed.(17) In order to harmonise the technical methods of certification used in the Member States and to enable comparisons to be made between seed certified within the Community and that coming from third countries, Community comparative tests should be established in Member States to permit annual post-control of seed of the category "certified seed".(18) It is desirable to organise temporary experiments for the purpose of seeking improved alternatives to certain elements of the certification schemes adopted under this Directive.(19) The measures necessary for the implementation of this Directive should 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(5).(20) This Directive should not affect the obligations of the Member States concerning the deadlines for transposition of the Directives set out in Annex V, part B,HAS ADOPTED THIS DIRECTIVE:Article 1This Directive shall apply to the production with a view to marketing, and to the marketing of beet seed within the Community.It shall not apply to beet seed shown to be intended for export to third countries.Article 21. For the purpose of this Directive:(a) "marketing": shall mean the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer aimed at commercial exploitation of seed to third parties, whether or not for consideration.Trade in seed not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded as marketing:- the supply of seed to official testing and inspection bodies,- the supply of seed to providers of services for processing or packaging, provided the provider of services does not acquire title to seed thus supplied.The supply of seed under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose, shall no be regarded as marketing, provided the provider of services does not acquire title to either the seed thus supplied or the product of the harvest. The supplier of seed shall provide the certification authority with a copy of the relevant parts of the contract made with the provider of services and this shall include the standards and conditions currently met by the seed provided.The conditions for the application of this provision shall be determined in accordance with the procedure referred to in Article 28(2).(b) "beet": means sugar and fodder beet of the species Beta vulgaris L.;(c) "basic seed": means seed(i) which has been produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety;(ii) which is intended for the production of seed of the category "certified seed";(iii) which, subject to the provisions of Article 5, satisfies the conditions laid down in Annex I for basic seed; and(iv) which has been found by official examination to satisfy the abovementioned conditions;(d) "certified seed": means seed(i) which is of direct descent from basic seed;(ii) which is intended for the production of beet;(iii) which, subject to the provisions of point (b) of Article 5, satisfies the conditions laid down in Annex I for certified seed; and(iv) - which has been found by official examination to satisfy the abovementioned conditions, or- in the case of the conditions laid down in Annex I(A), has been found to satisfy those conditions either by official examination or by examination carried out under official supervision.(e) "monogerm seed": means genetically monogerm seed;(f) "precision seed": means seed designed for use in precision drills which, as required under Annex I, part B(3)(b)(bb) and (cc), gives single seedlings;(g) "official measures": means measures taken(i) by State authorities; or(ii) by any legal person whether governed by public or by private law, acting under the responsibility of the State; or(iii) in the case of ancillary activities which are also under State control, by any natural person duly sworn for that purpose;provided that the persons mentioned under (ii) and (iii) derive no private gain from such measures.(h) "small EC packages": means packages containing the following certified seeds:(i) monogerm or precision seed: not exceeding 100000 clusters or grains or a net weight of 2,5 kg excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives;(ii) seed other than monogerm or precision seed: not exceeding a net weight of 10 kg, excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives.2. The different types of varieties, including the components, eligible for certification under the provisions of this Directive, may be specified and defined in accordance with the procedure laid down in Article 28(2).3. When the examination under official supervision referred to in the second indent of paragraph 1(d)(iv) above is carried out, the following requirements shall be complied with:(a) the inspectors, shall:(i) have the necessary technical qualifications;(ii) derive no private gain in connection with the carrying out of the inspections;(iii) have been officially licensed by the seed certification authority of the Member State concerned and this licensing shall include either the swearing-in of inspectors or the signature by inspectors of a written statement of commitment to the rules governing official examinations;(iv) carry out inspections under official supervision in accordance with the rules applicable to official inspections;(b) the seed crop to be inspected shall be grown from seed which has undergone official post-control, the results of which have been satisfactory;(c) a proportion of the seed crops shall be checked by official inspectors. That proportion shall be 10 % for self-pollinated crops and 20 % for cross-pollinated crops or, for those species for which Member States provided for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;(d) a proportion of samples from the seed lots harvested from the seed crops shall be drawn for official postcontrol and, where appropriate, for official laboratory seed testing in respect of varietal identity and purity.The Member States shall determine the penalties applicable to infringements of the rules in the first subparagraph, governing examination under official supervision. The penalties they provide for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the recognition referred to in to first subparagraph, point (a)(iii), from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. Any certification of the seed examined shall be annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.4. Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure referred to in Article 28(2).Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC(6) shall be adhered to.Article 31. Member States shall provide that beet seed may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed".2. Member States shall ensure that the official examinations of seed are carried out in accordance with current international methods, in so far as such methods exist.Article 4Notwithstanding Article 3(1), Member States shall provide that- bred seed of generations prior to basic seed, and- seed as grown, marketed for processing, provided that the identity of the seed is ensured, may be placed on the market.Article 5Member States may, by way of derogation from the provisions of Article 3,(a) authorise the official certification and marketing of basic seed which does not satisfy the conditions laid down in Annex I in respect of germination; to this end all necessary measures shall be taken to ensure that the supplier guarantees a specific germination which he shall state for marketing purposes on a special label bearing his name and address and the reference number of the seed lot;(b) in order to make seed rapidly available, notwithstanding the fact that the official examination to check compliance with the conditions laid down in Annex I in respect of germination has not been concluded, authorise the official certification and the marketing as far as the first buyer by way of trade of seed of the categories "basic seed" or "certified seed". Certification shall be granted only on presentation of a provisional analytical report on the seed and provided that the name and address of the first recipient are indicated; all necessary measures shall be taken to ensure that the supplier guarantees the germination ascertained at the provisional analysis; this germination shall be stated for marketing purposes on a special label bearing the name and address of the supplier and the reference number of the lot.These provisions shall not apply to seed imported from third countries, save as otherwise provided in Article 22 in respect of multiplication outside the Community.Member States making use of the derogation provided for in either subparagraph (a) or (b) shall assist each other administratively as regards control.Article 61. Notwithstanding Article 3(1), Member States may authorise producers in their own territory to place on the market:(a) small quantities of seed for scientific purposes or selection work;(b) appropriate quantities of seed for other test or trial purposes, provided it belongs to varieties for which an application for entry in the catalogue has been submitted in the Member State in question.In the case of genetically modified material, such authorisation may be granted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment. For the environmental risk assessment to be carried out in this respect, the provisions of Article 7(4) of Directive 2002/53/EC shall apply accordingly.2. The purposes for which the authorisations referred to in paragraph 1(b) may be given, the provisions relating to the marking of packages, and the quantities and the conditions under which Member States may grant such authorisation shall be determined in accordance with the procedure referred to in Article 28(2).3. Authorisations granted before 14 December 1998 by Member States to producers in their own territory for the purposes set out in paragraph 1 shall remain in force pending determination of the provisions referred to in paragraph 2. Thereafter, all such authorisations shall respect the provisions established in accordance with paragraph 2.Article 7Member States may, as regards the conditions laid down in Annex I, impose additional or more stringent requirements for the certification of seed produced in their own territory.Article 8The Member States shall provide that the description of the genealogical components which may be required is, if the breeder so requests, treated as confidential.Article 91. Member States shall require that, for the checking of varieties and for the examination of seed for certification, samples are drawn officially in accordance with appropriate methods.2. For the examination of seed for certification, samples shall be drawn from homogeneous lots; the maximum weight of a lot and the minimum weight of a sample are given in Annex II.Article 101. Member States require that basic seed and certified seed be marketed only in sufficiently homogeneous lots and in sealed packages bearing, as prescribed in Articles 11, 12 or 13, whichever is appropriate, a sealing system and markings.2. Member States may, for the marketing of small quantities to the final consumer, provide for derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking.Article 111. Member States shall require that packages of basic seed and certified seed, except where seed of the latter category takes the form of small EC packages, be sealed officially or under official supervision in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on either the official label provided for in Article 12 or the package.In order to ensure sealing, the sealing system shall comprise at least either the official label or the affixing of an official seal.The measures provided for in the second subparagraph shall not be necessary where a non-reusable sealing system is used.In accordance with the procedure referred to in Article 28(2), it may be established whether a particular sealing system fulfils the provisions of this paragraph.2. Member States shall require that, except in the case of small EC packages, packages shall not be resealed on one or more occasions unless this is done officially or under official supervision. If packages are resealed, the fact of resealing, the date of resealing and the authority responsible therefore shall be stated on the label required under Article 12.3. Member States shall require that small EC packages be sealed in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on the label or package. In accordance with the procedure referred to in Article 28(2), it may be established whether a particular sealing system complies with the provisions of this paragraph. Packages shall not be resealed on one or more occasions except under official supervision.Article 12Member States shall require that packages of basic seed and certified seed, except where seed of the latter category takes the form of small EC packages:(a) be labelled on the outside with an official label which has not previously been used, which satisfies the conditions laid down in Annex III, part A, and on which the information is given in one of the official languages of the Community. The colour of the label shall be white for basic seed and blue for certified seed. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. If, in cases under point (a) of Article 5, the basic seed does not satisfy the conditions laid down in Annex I in respect of germination, this fact shall be stated on the label. The use of official adhesive labels shall be authorised. In accordance with the procedure referred to in Article 28(2) the indelible printing under official supervision of the prescribed information on the package according to the label's model may be authorised;(b) contain an official document, in the same colour as the label, giving at least the information required under Annex III, part A(I)(3), (5), (6), (11) and (12). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a). This document is not necessary if the information is printed indelibly on the package or if, in accordance with the provisions under (a), an adhesive label or a label of non-tear material is used.Article 131. Member States shall require that small EC packages:(a) bear on the outside, in accordance with Annex III, part B, a supplier's label, a printed notice or stamp in one of the official languages of the Community; in the case of transparent packages this label may be placed inside, provided it can be read through the package; the label shall be white in colour for basic seed and blue in colour for certified seed.(b) bear on the outside or on the supplier's label provided for in point (a) an officially assigned serial number; should an official adhesive label be used, the label shall be white in colour for basic seed and blue in colour for certified seed; the methods of attaching the said serial number may be fixed in accordance with the procedure referred to in Article 28(2).2. Member States may require that an official adhesive label containing all or part of the information laid down in Annex III, part B, be used for marking small EC packages packed in their territory; insofar as the information is given on such label, the marking provided for in point (a) of paragraph 1 shall not be required.Article 14Member States may provide that, on request, small EC packages of certified seed are sealed and marked officially or under official supervision pursuant to Article 11(1) and Article 12.Article 15Member States shall take all measures necessary to ensure that, in the case of small packages of seed, the identity of the seed can be checked in particular at the time when seed lots are divided up. To this end, they may require that small packages divided up in their territory be sealed officially or under official supervision.Article 161. In accordance with the procedure referred to in Article 28(2), it may be provided that, in cases other than those already provided for in this Directive, packages of basic or certified seed of any kind shall bear a supplier's label (which may either be a label separate from the official label or take the form of suppliers' information printed on the package itself). The particulars to be provided on any such label shall also be established in accordance with the procedure referred to in Article 28(2).2. The label referred to in paragraph 1 shall be drawn up in such a manner that it cannot be confused with the official label referred to in Article 12.Article 17In the case of seed of a variety which has been genetically modified, any label or document, official or otherwise, which is affixed to or accompanies the seed lot, under the provisions of this Directive, shall clearly indicate that the variety has been genetically modified.Article 18Member States shall require that any chemical treatment of basic seed or certified seed be noted either on the official label or on the supplier's label and on the package or inside it.Article 19For the purpose of seeking improved alternatives to certain provisions set out in this Directive, it may be decided to organise temporary experiments under specified conditions at Community level in accordance with the provisions referred to in Article 28(2).In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.Article 20Member States shall ensure that seed which is placed on the market under the provisions of this Directive, whether mandatory or discretionary, is not subject to any marketing restrictions as regards its characteristics, examination requirements, marking and sealing other than those laid down in this or any other Directive.Article 21The conditions under which bred seed of generations prior to basic seed may be placed on the market under the first indent of Article 4 shall be as follows:(a) it must have been officially inspected by the competent certification authority in accordance with the provisions applicable to the certification of basic seed;(b) it must be packed in accordance with this Directive, and(c) the packages must bear an official label giving at least the following particulars:- certification authority and Member State or their distinguishing abbreviation,- lot reference number,- month and year of sealing, or- month and year of the last official sampling for the purposes of certification,- species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authors' names, or under its common name, or both; indication whether sugar beet or fodder beet,- variety, indicated at least in roman characters,- the description "pre-basic seed",- number of generations preceding seed of the category "certified seed".The label shall be white with a diagonal violet line.Article 221. Member States shall provide that beet seed- which has been produced directly from basic seed officially certified in one or more Member States or in a third country which has been granted equivalence under Article 23(1)(b), and- which has been harvested in another Member State,shall, on request and without prejudice to the provisions of Directive 2002/53/EC, be officially certified as certified seed in any Member State if that seed has undergone field inspection satisfying the conditions laid down in Annex I, part A, for the relevant category and if official examination has shown that the conditions laid down in Annex I, part B, for the same category are satisfied.Where in such cases the seed has been produced directly from officially certified seed of generations prior to basic seed, Member States may also authorise official certification as basic seed, of the conditions laid down for that category are satisfied.2. Beet seed which has been harvested in the Community and which is intended for certification in accordance with paragraph 1 shall:- be packed and labelled with an official label satisfying the conditions laid down in Annex IV(A) and (B), in accordance with Article 11(1), and- be accompanied by an official document satisfying the conditions laid down in Annex IV(C).The provisions in the first subparagraph on packing and labelling may be waived if the authorities responsible for field inspection, those drawing up the documents for the certification of seeds which have not been definitively certified and those responsible for certification are the same, or if they agree on exemption.3. Member States shall also provide that beet seed- which has been produced directly from basic seed officially certified in one or more Member States or in a third country which has been granted equivalence under Article 23(1)(b), and- which has been harvested in a third country,shall, on request, be officially certified as certified seed in any of those Member States where the basic seed was either produced or officially certified, if the seed has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 23(1)(a) for the relevant category, and if official examination has shown that the conditions laid down in Annex I, part B for the same category are satisfied. Other Member States may also authorise official certification of such seed.Article 231. The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether:(a) in the case provided for in Article 22, the field inspections in the third country satisfy the conditions laid down in Annex I, part A;(b) beet seed harvested in a third country and affording the same assurances as regards its characteristics and the arrangements for its examination, for ensuring its identity, for marking and for control is equivalent in these respects to basic seed or certified seed harvested within the Community and complying with the provisions of this Directive.2. Paragraph 1 shall also apply in respect of any new Member State from the date of its accession to the date on which it is to bring into force the laws, regulations or administrative provisions necessary to comply with this Directive.Article 241. In order to remove any temporary difficulties in the general supply of basic or certified seed that occur in the Community and cannot be otherwise overcome, it may be decided in accordance with the procedure referred to in Article 28(2) that Member States shall permit, for a specified period, the marketing throughout the Community in quantities necessary to resolve the supply difficulties of seed of a category subject to less stringent requirements, or of seed of a variety not included in the "Common Catalogue of Varieties of Agricultural Plant Species" or in the national catalogues of varieties of the Member States.2. For a category of seed of any given variety, the official label shall be that provided for the corresponding category; for seed of varieties not included in the abovementioned catalogues the colour of the official label shall be brown. The label shall always state that the seed in question is of a category satisfying less stringent requirements.3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure referred to in Article 28(2).Article 251. Member States shall ensure that official inspections are carried out in relation to the marketing of beet seed, at least by random checks, to verify compliance with the requirements and conditions of this Directive.2. Without prejudice to the free movement of seed within the Community, Member States shall take all necessary measures to ensure that they are supplied with the following particulars during the marketing of quantities exceeding two kilograms of seed imported from third countries:(a) species;(b) variety;(c) category;(d) country of production and official inspection authority;(e) country of dispatch;(f) importer;(g) quantity of seed.The manner in which these particulars are to be presented may be determined in accordance with the procedure referred to in Article 28(2).Article 261. Community comparative tests shall be carried out within the Community for the post-control of samples of certified beet seed taken during sampling. Satisfaction of the conditions with which the seed must comply may be checked during the post-control tests. The arrangements for holding the tests and their results shall be submitted to the committee referred to in Article 28(1).2. These comparative tests shall be used to harmonise the technical methods of certification so as to obtain results which are equivalent. As soon as this aim is achieved, annual progress reports shall be made on the comparative tests and sent in confidence to the Member States and to the Commission. The Commission shall, in accordance with the procedure referred to in Article 28(2), set the date for the first report.3. The Commission, acting in accordance with the procedure referred to in Article 28(2), shall make the necessary arrangements for the comparative tests to be carried out. Beet seed harvested in third countries may be included in the comparative tests.Article 27Amendments to be made to the content of the annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure referred to in Article 28(2).Article 281. The Commission shall be assisted by the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry set up by Article 1 of Council Decision 66/399/EEC(7).2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The committee shall adopt its rules of procedure.Article 29This Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.Article 301. Specific conditions may be established in accordance with the procedure referred to in Article 28(2) to take account of developments in the areas of:(a) conditions under which chemically treated seed may be marketed;(b) conditions under which seed may be marketed in relation to the conservation in situ and the sustainable use of plant genetic resources, including seed mixtures of species which also include species listed in Article 1 of Directive 2002/53/EC, and are associated with specific natural and semi-natural habitats and are threatened by genetic erosion;(c) conditions under which seed suitable for organic production may be marketed.2. The specific conditions referred to in paragraph 1, point (b) shall include in particular the following points:(a) the seed of these species shall be of a known provenance approved by the appropriate authority in each Member State for marketing the seed in defined areas;(b) appropriate quantitative restrictions.Article 31Member States shall submit to the Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive.The Commission shall inform the other Member States thereof.Article 32No later than 1 February 2004, the Commission shall submit a detailed evaluation of the simplification of the certification procedures introduced by Article 1 of Directive 98/96/EC. This evaluation shall focus in particular on the possible effects on the quantity of the seed.Article 331. Directive 66/400/EEC as amended by Directives listed in Annex V, part A, is hereby repealed without prejudice to the obligations of the Member States concerning the deadlines for transposition, of the said Directives set out in Annex V, part B.2. References to the Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VI.Article 34This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 35This Directive is addressed to the Member States.Done at Luxembourg, 13 June 2002.For the CouncilThe PresidentM. Rajoy Brey(1) Opinion delivered on 9 April 2002 (not yet published in the Official Journal).(2) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27).(3) See Annex V, part A.(4) See page 1 of this Official Journal.(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 286, 4.10.1989, p. 24. Decision as last amended by Decision 96/336/EC (OJ L 128, 29.5.1996, p. 23).(7) OJ 125, 11.7.1966, p. 2289/66.ANNEX ICONDITIONS FOR CERTIFICATIONA. Crop1. The previous cropping of the field shall not have been incompatible with the production of seeds of Beta vulgaris of the variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous cropping.2. The crop shall have sufficient identity and purity of variety.3. The seed producer shall submit all the multiplications of a given variety of seed for examination by the certification authority.4. In the case of certified seed of all categories there shall be at least one field inspection, either official or under official supervision, and in the case of basic seed at least two official field inspections, one of stecklings and one of the seed-producing plants.5. The cultural condition of the field and the stage of development of the crops shall be such as to permit identity and varietal purity to be adequately checked.6. The minimum distances from neighbouring pollen sources shall be:>TABLE>The above distances can be disregarded if there is sufficient protection from any undesirable foreign pollinator. No isolation is necessary between seed crops using the same pollinator.The ploidy of both seed-bearing and pollen-shedding components of seed-producing crops is to be established by reference to the common catalogue of varieties of agricultural plant species compiled under Directive 2002/53/EC, or the national catalogues of varieties established under that Directive. If this information is not included for any variety, the ploidy is to be regarded as unknown, and thus a minimum isolation distance of 600 metres is required.B. Seed1. The seed shall have sufficient identity and purity of variety.2. Diseases which reduce the usefulness of the seed shall be at the lowest possible level.3. The seed shall also satisfy the following conditions:(a)>TABLE>(b) special conditions for monogerm seed and for precision seed:(aa) monogerm seed:at least 90 % of the germinated clusters shall give single seedlings.The percentage of clusters giving three or more seedlings shall not exceed five, calculated on the germinated clusters;(bb) precision seed of sugar beet:At least 70 % of the germinated clusters shall give single seedlings. The percentage of clusters giving three or more seedlings shall not exceed 5 %, calculated on the germinated clusters;(cc) precision seed of fodder-beet:In the case of varieties with a percentage of diploids exceeding 85, at least 58 % of the germinated clusters shall give single seedlings. In the case of all other seeds, at least 63 % of the germinated clusters shall give single seedlings. The percentage of clusters giving three or more seedlings shall not exceed 5 %, calculated on the germinated clusters;(dd) in the case of seed of the category "basic seed", the percentage by weight of inert matter shall not exceed 1,0. In the case of seed of the category "certified seed", the percentage by weight of inert matter shall not exceed 0,5. In the case of pelleted seed of both categories, the satisfaction of the relevant conditions shall be examined on samples drawn, pursuant to Article 9(1), from processed seed which has undergone partial decortication (rubbing or grinding) but has not yet been pelleted, without prejudice to the official examination of the minimum analytical purity of the pelleted seed;(c) other special conditions:Member States shall ensure that beet seed may not be introduced into areas recognised as "rhizomania-free zones" under appropriate Community procedures, unless the percentage by weight of inert matter does not exceed 0,5.ANNEX IIMaximum weight of a seed lot: 20 metric tonsMinimum weight of a sample: 500 grammesThe maximum lot weight shall not be exceeded by more than 5 %.ANNEX IIIMARKINGA. Official labelI. Information required1. "EC rules and standards".2. Certification authority and Member State or their initials.3. Reference number of lot.4. Month and year of sealing expressed thus: "sealed ... (month and year)" ormonth and year of the last official sampling for the purposes of certification expressed thus: "sampled ... (month and year)".5. Species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authors' names, or under its common name, or both; indication whether sugar beet or fodder beet.6. Variety indicated at least in roman characters.7. Category.8. Country of production.9. Declared net or gross weight or declared number of clusters or pure seeds.10. Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight.11. For monogerm seed: the word "monogerm".12. For precision seed: the word "precision".13. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.II. Minimum dimensions110 × 67 mm.B. Supplier's label or information on the packing (small EC package)Information required1. "Small EC package".2. Name and address of the supplier responsible for marking or his identification mark.3. Officially assigned serial number.4. Service which assigned the serial number and name of Member State or their initials.5. Reference number if the official serial number does not enable the lot to be identified.6. Species, indicated at least in roman characters; indication whether sugar beet or fodder beet.7. Variety indicated at least in roman characters.8. "Category".9. Net or gross weight or number of clusters or pure seeds.10. Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight.11. For monogerm seed: the word "monogerm".12. For precision seed: the word "precision".ANNEX IVLABEL AND DOCUMENT PROVIDED IN THE CASE OF SEED NOT FINALLY CERTIFIED, HARVESTED IN ANOTHER MEMBER STATEA. Information required for the label- authority responsible for field inspection and Member State or their initials,- species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authors' names, or under its common name, or both; indication whether sugar beet or fodder beet,- variety, indicated at least in roman characters,- category,- field or lot reference number,- declared net or gross weight,- the words "seed not finally certified".B. Colour of the labelThe label shall be grey.C. Information required for the document- authority issuing the document,- species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authors' names, or under its common name, or both; indication whether sugar beet or fodder beet,- variety, indicated at least in roman characters,- category,- reference number of the seed used to sow the field and name of the country or countries which certified that seed,- field or lot reference number,- area cultivated for the production of the lot covered by the document,- quantity of seed harvested and number of packages,- attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled,- where appropriate, results of a preliminary seed analysis.ANNEX VPART AREPEALED DIRECTIVE AND ITS SUCCESSIVE AMENDMENTS(referred to by Article 33)>TABLE>PART BDEADLINES FOR TRANSPOSITION INTO NATIONAL LAW(referred to by Article 33)>TABLE>ANNEX VICORRELATION TABLE>TABLE>