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31973L0044

Council Directive 73/44/EEC of 26 February 1973 on the approximation of the laws of the Member States relating to the quantitative analysis of ternary fibre mixtures

Official Journal L 083 , 30/03/1973 P. 0001 - 0019 Finnish special edition: Chapter 13 Volume 2 P. 0171  Greek special edition: Chapter 13 Volume 2 P. 0064  Swedish special edition: Chapter 13 Volume 2 P. 0171  Spanish special edition: Chapter 13 Volume 2 P. 0187  Portuguese special edition Chapter 13 Volume 2 P. 0187

COUNCIL DIRECTIVE  of 26 February 1973  on the approximation of the laws of the Member States relating to the quantitative analysis of ternary fibre mixtures  (73/44/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;  Whereas the Council Directive of 26 July 1971 (1) on the approximation of the laws of the Member States relating to textile names lays down provisions on labelling based on the fibre composition of textile products;  Whereas the methods used for official tests in the Member States to determine the fibre composition of textile products should be uniform, as regards both the pre-treatment of the sample and the quantitative analysis of the product;  Whereas Article 13 of the abovementioned Council Directive provides that the sampling and analytical methods to be used in all Member States for the purpose of determining the fibre composition of products will be specified in separate Directives ; whereas under these circumstances, the Council adopted in its Directive of 17 July 1972 (2) on the approximation of the laws of the Member States relating to certain methods for the quantitative analysis of binary fibre mixtures, provisions concerning the preparation of test samples and test specimens which are applicable to ternary fibre mixtures;  Whereas the object of this Directive is to lay down provisions governing the quantitative analysis of ternary fibre mixtures;  Whereas the particular methods relating to the analysis of certain binary mixtures are described in detail in the Directive of 17 July 1972 ; whereas present experience does not permit the specification of a single standard procedure as yet ; whereas several variants must be procedure for the selective dissolution of the components;  Whereas general rules valid for the analysis of all ternary mixtures must however be worked out ; whereas the object of these rules is to specify the various methods which could suitably be applied and the method of calculating the percentage composition for each variant;  Whereas technical specifications must be adapted rapidly to keep pace with technical progress ; whereas to this end the procedure laid down in Article 6 of the Directive of 17 July 1972 should be applied;  (1)OJ No L 185, 16.8.1971, p. 16. (2)OJ No L 173, 31.7.1972, p. 1.   HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive concerns the quantitative analysis of ternary fibre mixtures by the methods of manual separation, chemical separation or a combination of both.   Article 2 With regard to the preparation of test samples and test specimens, the provisions contained in Annex I to the Council Directive of 17 July 1972 on the approximation of the laws of the Member States relating to certain methods for the quantitative analysis of binary fibre mixures shall be applicable.   Article 3 The Member States shall take all necessary steps to ensure that the provisions laid down - both in Annex I to this Directive and in Annex I to the Directive referred to in Article 2 - be applied in official tests, to determine the composition of textile products composed of a ternary fibre mixture put on the market in accordance with the Council Directive of 26 July 1971 on the approximation of the laws of the Member States relating to textile names.   Article 4 Any laboratory responsible for the testing of ternary mixtures shall show in the test report all the factors mentioned in point V of Annex I.   Article 5 Any amendments to the specifications in Annexes I, II and III that are necessary to conform with technical progress shall be adopted in accordance with the procedure laid down in Article 6 of the Directive of 17 July 1972.   Article 6 1. Member States shall put into force the provisions necessary to comply with this Directive within a period of eighteen months of its notification and shall immediately inform the Commission thereof.  2. Member States shall ensure that the text of the main provisions of internal law adopted by them in the field governed by this Directive are communicated to the Commission.   Article 7 This Directive is addressed to the Member States.     Done at Brussels, 26 February 1973.  For the Council  The President  E. GLINNE     ANNEX I QUANTITATIVE ANALYSIS OF TERNARY FIBRE MIXTURES  GENERAL   Introduction  Methods for the quantitative analysis of fibre mixtures are based on two processes, the manual separation and the chemical separation of fibre types.  The method of manual separation should be used whenever possible since it generally gives more accurate results than the chemical method. It can be used for all textiles whose component fibres do not form an intimate mixture, as for example in the case of yarns composed of several elements each of which is made up of only one type of fibre or fabrics in which the warp is of a different type of fibre from the weft ; or knitted fabrics capable of being unravelled made up of yarns of different types.  In general, the methods of quantitative chemical analysis are based on the selective solution of the individual components. There are four possible variants of this method:    1. Using two different test specimens, a component (a) is dissolved from the first test specimen, and another component (b) from the second test specimen. The insoluble residues of each specimen are weighed and the percentage of each of the two soluble components is calculated from the respective losses in mass. The percentage of the third component (c) is calculated by difference.       2. Using two different test specimens, a component (a) is dissolved from the first test specimen and two components (a and b) from the second test specimen. The insoluble residue of the first test specimen is weighed and the percentage of the component (a) is calculated from the loss in mass. The insoluble residue of the second test specimen is weighed ; it corresponds to component (c). The percentage of the third component (b) is calculated by difference.       3. Using two different test specimens, two components (a and b) are dissolved from the first test specimen and two components (b and c) from the second test specimen. The insoluble residues correspond to the two components (c) and (a) respectively. The percentage of the third component (b) is calculated by difference.       4. Using only one test specimen, after removal of one of the components, the insoluble residue formed by the two other fibres is weighed and the percentage of the soluble component is calculated from the loss in mass. One of the two fibres of the residue is dissolved, the insoluble component is weighed and the percentage of the second soluble component is calculated from the loss in mass.         Where a choice is possible, it is advisable to use one of the first three variants.  Where chemical analysis is used, the expert responsible for the analysis must take care to select methods employing solvents which dissolve only the correct fibre(s), leaving the other fibre(s) intact.  By way of example, a table is given in Annex III which contains a certain number of ternary mixtures, together with methods for analysing binary mixtures which can, in principle, be used for analysing these ternary mixtures.   In order to reduce the possibility of error to a minimum, it is recommended that, whenever possible, chemical analysis using at least two of the four abovementioned variants should be made.  Mixtures of fibres used during processing and, to a lesser extent, in finished textiles may contain non-fibrous matter, such as fats, waxes or dressings, or water-soluble matter, either occurring naturally or added to facilitate processing. Non-fibrous matter must be removed before analysis. For this reason a method of pre-treatment for removing oils, fats, waxes and water-soluble matter is also given.  In addition, textiles may contain resins or other matter added to confer special properties. Such matter, including dyestuffs in exceptional cases, may interfere with the action of the reagent on the soluble components and/or it may be partially or completely removed by the reagents. This type of added matter may thus cause errors and should be removed before the sample is analysed. If it is impossible to remove such added matter the methods for quantitative chemical analysis given in Annex III attached are no longer applicable.  Dye in dyed fibres is considered to be an integral part of the fibre and is not removed.  Analyses are conducted on the basis of dry mass and a procedure is given for determining dry mass.  The result is obtained by applying to the dry mass of each fibre the recovery rates listed in Annex II to the Directive on the approximation of the laws of the Member States relating to textile names.  Before proceeding with any analysis, all the fibres present in the mixture must be identified. In some chemical methods, the insoluble component of a mixture may be partially dissolved in the reagent used to dissolve the soluble component(s). Wherever possible, reagents have been chosen that have little or no effect on the insoluble fibres. If a loss in mass is known to occur during the analysis, the result should be corrected ; correction factors are given for this purpose. These factors have been determined in several laboratories by treating, with the appropriate reagent as specified in the method of analysis, fibres cleaned by the pre-treatment. These correction factors apply only to undergraded fibres and different correction factors may be necessary if the fibres have been degraded before or during processing. If the fourth variant, in which a textile fibre is subjected to the successive action of two different solvents, must be used, correction factors must be applied for possible losses in mass undergone by the fibre in the two treatments. At least two determinations should be made, both in the case of manual separation and in the case of chemical separation.  I. GENERAL INFORMATION ON METHODS FOR THE QUANTITATIVE CHEMICAL ANALYSIS OF TERNARY FIBRE MIXTURES    Information common to the methods given for the quantitative chemical analysis of ternary fibre mixtures.    I.1. Scope and field of application  The field of application of each method for analysing binary fibre mixtures specifies to which fibres the method is applicable. (See Annex II, Directive relating to certain methods for the quantitative analysis of binary fibre mixtures).       I.2. Principle  After the identification of the components of a mixture, the non-fibrous material is removed by suitable pre-treatment and then one or more of the four variants of the process of selective solution described in the introduction is applied. Except where this presents technical difficulties, it is preferable to dissolve the major fibre component so as to obtain the minor fibre component as final residue.        I.3. Apparatus and Reagents      I.3.1. Apparatus        I.3.1.1. Filter crucibles and weighing bottles large enough to contain such crucibles, or any other apparatus giving identical results.               I.3.1.2. Vacuum flask.               I.3.1.3. Desiccator containing self-indicating silica gel.               I.3.1.4. Ventilated oven for drying specimens at 105 ± 3 ºC.               I.3.1.5. Analytical balance, accurate to 0.0002 g.               I.3.1.6. Soxhlet extractor or other apparatus giving identical results.                          I.3.2. Reagents       I.3.2.1. Light petroleum, redistilled, boiling range 40 to 60 ºC.           I.3.2.2. Other reagents are specified in the appropriate parts of the text of the method. All reagents used should be chemically pure.           I.3.2.3. Distilled or deionized water.                 I.4. Conditioning and testing atmosphere  Because dry masses are determined, it is unnecessary to condition the specimens or to conduct analyses in a conditioned atmosphere.       I.5. Laboratory test sample  Take a laboratory test sample that is representative of the laboratory bulk sample and sufficient to provide all the specimens, each of at least 1 g, that are required.       I.6. Pre-treatment of the laboratory test sample  Where a substance not to be taken into account in the percentage calculations (See Article 12 (2) (d) of the Directive relating to textile names) is present, it should first be removed by a suitable method that does not affect any of the component fibres.  For this purpose, non-fibrous matter which can be extracted with light petroleum and water is removed by treating the air-dry test sample in a Soxhlet extract selector with light petroleum for one hour at a minimum rate of 6 cycles per hour. Allow the light petroleum to evaporate from the sample which is then directly extracted with water by soaking for one hour at room temperature followed by soaking at 65 ± 5 ºC for a further one hour, agitating the liquid from time to time, specimen/water ratio 1 : 100. Remove the excess water from the sample by squeezing, suction, or centrifuging and then allow the sample to become air-dry.  Where non-fibrous matter cannot be extracted with light petroleum and water, it should be removed by substituting for the water method described above a suitable method that does not substantially alter any of the fibre constituents. However for some unbleached natural vegetable fibres (eg jute, coir) it is to be noted that normal pre-treatment with light petroleum and water does not remove all the natural  non-fibrous substances ; nevertheless additional pre-treatment is not applied unless the sample contains finishes insoluble in both light petroleum and water.  Analytical reports should include full details of the methods of pre-treatment used.       I.7. Test procedure      I.7.1. General instructions        I.7.1.1. Drying  Conduct all drying operations for not less than 4 hours and not more than 16 hours at 105 ± 3 ºC in a ventilated oven with the oven door closed throughout. If the drying period is less than 14 hours, the specimen must be checkweighed to determine whether its mass is constant. The mass may be considered as constant if, after a further drying period of 60 minutes, its variation is less than 0.05 %.  Avoid handling crucibles and weighing bottles, specimens or residues with bare hands during the drying, cooling and weighing operations.  Dry specimens in a weighing bottle with its cover beside it. After drying, stopper the weighing bottle before removing it from the oven, and transfer it quickly to the desiccator.  Dry the filter crucible in a weighing bottle with its cover beside it in the oven. After drying, close the weighing bottle and transfer it quickly to the desiccator.  Where apparatus other than a filter crucible is used, drying operations should be conducted in the oven so as to determine the dry mass of the fibres without loss.               I.7.1.2. Cooling  Conduct all cooling operations in the desiccator, placed beside the balance, until the cooling of the weighing bottles is complete, and in any case for not less than 2 hours.               I.7.1.3. Weighing  After cooling, complete the weighing of the weighing bottle within 2 minutes of its removal from the desiccator ; weigh to an accuracy of 0.0002 g.           I.7.2. Procedure  Take from the pre-treated laboratory test sample a test specimen of at least 1 g (in mass). Cut yarn or cloth into lengths of about 10 mm, dissected as much as possible. Dry the specimen(s) in (a) weighing bottle(s) cool it (them) in the desiccator and weigh it (them). Transfer the specimen(s) to the glass vessel(s) specified in the appropriate section of the Community method, reweigh the weighing bottle(s) immediately and obtain the dry mass(es) of the specimen(s) by difference ; complete the test as specified in the appropriate section of the applicable method. Examine the residue(s) microscopically to check that the treatment has in fact completely removed the soluble fibre(s).       I.8. Calculation and expression of results  Express the mass of each component as a percentage of the total mass of fibre in the mixture. Calculate the results on the basis of dean dry mass, adjusted by (a) the conventional recovery rates and (b) the correction factors necessary to take account of loss of non-fibrous matter during pre-treatment and analysis.    I.8.1. Calculation of percentages of mass of clean dry fibres disregarding loss of fibre mass during pre-treatment.       I.8.1.1. - VARIANT 1 -  Formulae to be applied where a component of the mixture is removed from one specimen and another component from a second specimen: >PIC FILE= "T0005996">            I.8.1.2. - VARIANT 2 -  Formulae to be applied where a component (a) is removed from the first test specimen, leaving as residue the other two components (b + c), and two components (a + b) are removed from the second test specimen, leaving as residue the third component (c):  >PIC FILE= "T0005997">      >PIC FILE= "T9000533">            I.8.1.3. - VARIANT 3 -  Formulae to be applied where two components (a + b) are removed from a specimen, leaving as residue the third component (c), then two components (b + c) are removed from another specimen, leaving as residue the first component (a): >PIC FILE= "T0005998">     >PIC FILE= "T9000534">            I.8.1.4. - VARIANT 4 -  Formulae to be applied where two components are successively removed from the mixture using the same specimen:  >PIC FILE= "T0005999">        I.8.2. Calculation of the percentage of each component with adjustment by conventional recovery rates and, where appropriate, correction factors for losses in mass during pre-treatment operations:  >PIC FILE= "T0006000">      >PIC FILE= "T9000535">   Where a special pre-treatment is used the values b1, b2 and b3 should be determined, if possible, by submitting each of the pure fibre constituents to the pre-treatment applied in the analysis. Pure fibres are those free from all non-fibrous material except those which they normally contain (either naturally or because of the manufacturing process), in the state (unbleached, bleached) in which they are found in the material to be analysed.  Where no clean separate constituent fibres used in the manufacture of the material to be analysed are available, average values of b1, b2 and b3 as obtained from tests performed on clean fibres similar to those in the mixture under examination, must be used.  If normal pre-treatment by extraction with light petroleum and water is applied, correction factors b1, b2 and b3 may generally be ignored, except in the case of unbleached cotton, unbleached flax and unbleached hemp where the loss due to pre-treatment is usually accepted as 4 % and in the case of polypropylene as 1 %.  In the case of other fibres, losses due to pre-treatment are usually disregarded in calculations.       I.8.3. Note  Calculation examples are given in Annex II to this Directive.  II. METHOD OF QUANTITATIVE ANALYSIS BY MANUAL SEPARATION OF TERNARY FIBRE MIXTURES       II.1. Scope  This method is applicable to textile fibres of all types provided they do not form an intimate mixture and that it is possible to separate them by hand.       II.2. Principle  After identification of the textile components, the non-fibrous matter is removed by a suitable pre-treatment and then the fibres are separated by hand, dried and weighed in order to calculate the proportion of each fibre in the mixture.        II.3. Apparatus      II.3.1. Weighing bottles or other apparatus giving identical results.           II.3.2. Desiccator containing self-indicating silica gel.           II.3.3. Ventilated oven for drying specimens at 105 ± 3 ºC.           II.3.4. Analytical balance accurate to 0.0002 g.           II.3.5. Soxhlet extractor, or other apparatus giving identical results.           II.3.6. Needle.           II.3.7. Twist tester or similar apparatus.                  II.4. Reagents      II.4.1. Light petroleum, redistilled, boiling range 40º-60 ºC.           II.4.2. Distilled or deionized water.                  II.5. Conditioning and testing atmosphere  See I.4.       II.6. Laboratory test sample  See I.5.       II.7. Pre-treatment of laboratory test samples  See I.6.       II.8. Procedure      II.8.1. Analysis of yarn  Take from the pre-treated laboratory test sample a specimen of mass not less than 1 g. For a very fine yarn, the analysis may be made on a minimum length of 30 m, whatever its mass.  Cut the yarn into pieces of a suitable length and separate the fibre types by means of a needle and, if necessary, a twist tester. The fibre types so obtained are placed in pre-weighed weighing bottles and dried at 105 ± 3 ºC to constant mass, as described in I.7.1 and I.7.2.           II.8.2. Analysis of cloth  Take from the pre-treated laboratory test sample a specimen of mass not less than 1 g, not including a selvedge with edges carefully trimmed to avoid fraying and running parallel with weft or warp yarns, or in the case of knitted fabrics in the line of the wales and courses. Separate the different types of fibres and collect them in pre-weighed weighing bottles and proceed as described in II.8.1.       II.9. Calculation and expression of results  Express the mass of each component fibre as a percentage of the total mass of the fibres in the mixture. Calculate the results on the basis of clean dry mass, adjusted by (a) the conventional recovery rates and (b) the correction factors necessary to take account of losses in mass during pre-treatment operations.       II.9.1. Calculation of percentage masses of clean dry fibre, disregarding loss in fibre mass during pre-treatment: >PIC FILE= "T0006001">            II.9.2. For calculation of the percentage of each component with adjustment by conventional recovery rates and, where appropriate, by correction factors for losses in mass during pre-treatment : see I.8.2.                   III. METHOD OF QUANTITATIVE ANALYSIS OF TERNARY FIBRE MIXTURES BY A COMBINATION OF MANUAL SEPARATION AND CHEMICAL SEPARATION    Wherever possible, manual separation should be used, taking account of the proportions of components separated before proceeding to any chemical treatment of each of the separate components.  IV. PRECISION OF THE METHODS    The precision indicated in each method of analysis of binary mixtures relates to the reproducibility (see Annex II of the Directive relating to certain methods for the quantitative analysis of binary textile fibre mixtures).  Reproducibility refers to the reliability, ie the closeness of agreement between experimental values obtained by operators in different laboratories or at different times using the same method and obtaining individual results on specimens of an identical homogeneous mixture.  Reproducibility is expressed by confidence limits of the results for a confidence level of 95 %.  By this is meant that the difference between two results in a series of analyses made in different laboratories would, given a normal and correct application of the method to an identical and homogeneous mixture, be exceeded only in 5 cases out of 100.  To determine the precision of the analysis of a ternary mixture the values indicated in the methods for the analysis of binary mixtures which have been used to analyse the ternary mixture are applied in the usual way.  Given that in the four variants of the quantitative chemical analysis of ternary mixtures, provision is made for two dissolutions (using two separate specimens for the first three variants and a single specimen for the fourth variant) and, assuming that E1 and E2  denote the precision of the two methods for analysing binary mixtures, the precision of the results for each component is shown in the following table: >PIC FILE= "T0006002">   If the fourth variant is used, the degree of precision may be found to be lower than that calculated by the method indicated above, owing to possible action of the first reagent on the residue consisting of components b and c, which would be difficult to evaluate.  V. TEST REPORT       V.1. Indicate the variant(s) used to carry out the analysis, the methods, reagents and correction factors.       V.2. Give details of any special pre-treatments (See I.6).       V.3. Give the individual results and the arithmetic mean, each to the 1st decimal place.       V.4. Wherever possible, state the precision of the method for each component, calculated according to the table in section IV.          ANNEX II EXAMPLES OF THE CALCULATION OF PERCENTAGES OF THE COMPONENTS OF CERTAIN TERNARY MIXTURES USING SOME OF THE VARIANTS DESCRIBED IN POINT I.8.1 OF ANNEX I  Consider the case of a fibre mixture which when qualitatively analysed gave the following components : 1. carded wool ; 2. nylon (polyamide) ; 3. unbleached cotton.  VARIANT No 1  Using this variant, that is using two different specimens and removing one component (a = wool) by dissolution from the first specimen and a second component (b = polyamide) from the second specimen the following results can be obtained:  >PIC FILE= "T9000536">   Treatment with alkaline sodium hypochlorite does not entail any loss in mass of polyamide, while unbleached cotton loses 3 %, therefore d1 = 1 70 and d2 = 1 703.  Treatment with formic acid does not entail any loss in mass of wool or unbleached cotton, therefore d3 and d4 = 1 70.  If the values obtained by chemical analysis and the correction factors are substituted in the formula under point I.8.1.1 of Annex I, the following result is obtained: >PIC FILE= "T0006003">   The percentages of the various clean dry fibres in the mixture are as follows:  >PIC FILE= "T9000537">   These percentages must be corrected according to the formulae under point I.8.2 of Annex I in order to take account also of the conventional recovery rates and of the correction factors for any losses in mass after pre-treatment.   As indicated in Annex II to the Directive relating to textile names, the conventional recovery rates are as follows : carded wool 17.0 %, polyamide 6.25 %, cotton 8.5 %, also, unbleached cotton shows a loss in mass of 4 % after pre-treatment with light petroleum and water. Thus: >PIC FILE= "T0006004">   The composition of the yarn is therefore as follows: >PIC FILE= "T0006005">   VARIANT 4  Consider the case of a fibre mixture which when qualitatively analysed gave the following components : carded wool, viscose, unbleached cotton.  Suppose that using variant 4, that is successively removing two components from the mixture of one single specimen, the following results are obtained:  >PIC FILE= "T9000538">   Treatment with alkaline sodium hypochlorite does not entail any loss of mass in viscose, while unbleached cotton loses 3 %, therefore d1 = 1 70 and d2 = 1 703.  As a result of treatment with zinc chloride/formic acid, the mass of cotton increases by 4 %, so that d3 = (1 703 × 0 796) = 0 79888 rounded to 0 799, (d3 being the correction factor for the respective loss or increase in mass of the third component in the first and second reagents).  If the values obtained by chemical analysis and the correction factors are substituted in the formulae given in point I.8.1.4 of Annex I the following result is obtained: >PIC FILE= "T0006006">    As has already been indicated for variant 1, these percentages must be corrected by the formulae indicated in point I.8.2 of Annex I. >PIC FILE= "T0006007">   The composition of the mixture is therefore: >PIC FILE= "T0006008">     ANNEX III TABLE OF TYPICAL TERNARY MIXTURES WHICH MAY BE ANALYSED USING COMMUNITY METHODES OF ANALYSIS OF BINARY MIXTURES  (for illustration purposes) >PIC FILE= "T0006009">    >PIC FILE= "T0006010">    >PIC FILE= "T0006011">


Avis juridique important

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31993L0029

Council Directive 93/29/EEC of 14 June 1993 on the identification of controls, tell-tales and indicators for two-or three-wheel motor vehicles

Official Journal L 188 , 29/07/1993 P. 0001 - 0010 Finnish special edition: Chapter 7 Volume 4 P. 0207  Swedish special edition: Chapter 7 Volume 4 P. 0207

COUNCIL DIRECTIVE 93/29/EEC of 14 June 1993 on the identification of controls, tell-tales and indicators for two- or three-wheel motor vehiclesTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 100a thereof,  Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles (1),  Having regard to the proposal from the Commission (2),  In cooperation with the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas the measures required for that purpose need to be adopted;  Whereas, with regard to their controls, tell-tales and indicators, in each Member State two- or three-wheel motor vehicles must display certain technical characteristics laid down by mandatory provisions which differ from one Member State to another;  whereas, as a result of their differences, such provisions constitute a barrier to trade within the Community;  Whereas these obstacles to the operation of the internal market may be removed if the same requirements are adopted by all Member States in place of their national rules;  Whereas it is necessary to draw up harmonized requirements concerning the identification of controls, tell-tales and indicators for two- or three-wheel motor vehicles in order to enable the type-approval and component type-approval procedures laid down  in Directive 92/61/EEC to be applied for each type of such vehicle;  Whereas, given the scale and impact of the action proposed in the sector in question, the Community measures covered by this Directive are necessary, indeed essential, to achieve the aim in view, which is to establish Community vehicle type-approval;  whereas that aim cannot be adequately achieved by the Member States individually;  Whereas in order to facilitate access to the markets of non-Community countries it would seem necessary to establish equivalence between the requirements of this Directive and those of Regulation No 60 of the United Nations Economic Commission for  Europe,  HAS ADOPTED THIS DIRECTIVE:  Article 1  This Directive applies to the identification of controls, tell-tales and indicators for all types of vehicle as defined in Article 1 of Directive 92/61/EEC.  Article 2  The procedure for the granting of component type-approval in respect of the identification of controls, telltales and indicators for a type of two- or three-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as  laid down in Chapters II and III of Directive 92/61/EEC.  Article 3  In accordance with the provisions of Article 11 of Directive 92/61/EEC, equivalence between the requirements laid down in this Directive and those laid down in UN/ECE Regulation No 60 (E/ECE/TRANS/505 - Add. 59) is hereby acknowledged.  The authorities of the Member States which grant component type-approval shall accept approvals granted in accordance with the requirements of the abovementioned Regulation No 60 as well as component type-approval marks as an alternative to the  corresponding approvals granted in accordance with the requirements of this Directive.  Article 4  This Directive may be amended in accordance with Article 13 of Directive 70/156/EEC (5) in order to:  - take into account any amendments to the ECE Regulation referred to in Article 3,  - adapt the Annex to technical progress.  Article 5  1. Member States shall adopt and publish the provisions necessary to comply with this Directive not later than 14 December 1994. They shall forthwith inform the Commission thereof.  When the Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the  Member States.  From the date mentioned in the first subparagraph Member States may not, for reasons connected with the identification of controls, tell-tales and indicators, prohibit the initial entry into service of vehicles which conform to this Directive.  They shall apply the provisions referred to in the first subparagraph as from 14 June 1995.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.  Article 6  This Directive is addressed to the Member States.  Done at Luxembourg, 14 June 1993.  For the Council The President J. TROEJBORG (1) OJ No L 225, 10. 8. 1992, p. 72.(2) OJ No C 293, 9. 11. 1992, p. 5.(3) OJ No C 21, 25. 1. 1993, p. 96 and OJ No C 150, 31. 5. 1993.(4) OJ No C 73, 15. 3. 1993, p. 22.(5) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by Directive  92/53/EEC (OJ No L 225, 10. 8. 1992, p. 1).   ANNEX I  REQUIREMENTS CONCERNING THE COMPONENT TYPE-APPROVAL OF TWO- OR THREE-WHEEL VEHICLES IN RESPECT OF THE IDENTIFICATION OF THEIR CONTROLS, TELL-TALES AND INDICATORS  1. DEFINITIONS For the purposes of this Directive:  1.1. 'control' means any part of the vehicle or component directly actuated by the driver which causes a change in the state or operation of the vehicle or one of the parts thereof;  1.2. 'telltale' means a signal indicating the triggering of a device, an operation or a suspect or faulty state or an absence of operation;  1.3. 'indicator' means a device providing information on the proper functioning or state of a system or part of a system such as the level of a fluid;  1.4. 'symbol' means an outline enabling a control, telltale or indicator to be identified.  2. REQUIREMENTS 2.1. Identification The controls, tell-tales and indicators referred to in section 2.1.5 shall be identified in accordance with the following requirements when they are fitted to a vehicle.  2.1.1. These symbols shall stand out clearly against the background, either bright against dark or dark against bright.  2.1.2. The symbols shall be placed on the control or control telltale to be identified or in immediate proximity thereof. Where this is not possible the symbol and control, or telltale, shall be joined by a continuous dash that is as short as possible.   2.1.3. Main-beam headlights shall be represented by parallel horizontal rays of light and dipped-beam headlamps by parallel rays of light angled downwards.  2.1.4. When used for optical tell-tales the following colours listed below have the meanings indicated:  - red: danger,  - amber: caution,  - green: safety.  Blue shall be reserved exclusively for the main beam headlamp tell-tales.  2.1.5. Designation and identification of symbols Notes:  (1) The inside of the symbol may be entirely in a dark colour. (2) The dark part of this symbol may be replaced by its silhouette; the white part in this diagram may then be entirely in a dark colour. (3) If a single control is used for the front and  rear fog lamps the symbol used should be that for 'front fog lamp'.  Appendix  Structure of the model base for the symbols referred to in section 2.1.5 The model base consists of:  1. a base 50 mm square, this dimension being equal to nominal dimension 'a' in the original;  2. a base circle 56 mm in diameter having approximately the same area as the base square (1);  3. a second 50 mm-diameter circle is drawn within the base square (1);  4. a second square the tips of which lie on the base circle (2) the sides of which are parallel to those of the base square (1);  5. and 6. two rectangles having the same area as the base square (1) their sides being at right angles to each other and each of them devised so as to divide the opposite sides of the base square into symmetrical points;  7. a third square the sides of which pass through the points of intersection of the base square (1) and the base circle (2) and are inclined at 45°, thus providing the greatest horizontal and vertical dimensions of the model base;  8. an irregular octagon formed by lines inclined at 30° to the sides of the square (7).  The base model is laid upon a grid the lower side of which measures 12,5 mm and coincides with the base square (1).   ANNEX II  Appendix 1  Information document in respect of the identification of controls, tell-tales and indicators for a type of two- or three-wheel motor vehicle (to be attached to the application for component type-approval if this is submitted separately from the application for a vehicle type-approval) Order No (assigned by the applicant):.  The application for a component type-approval in respect of the identification of controls, tell-tales and indicators of a type of two- or three-wheel motor vehicle shall contain the information set out under the following points in Annex II to Council  Directive 92/61/EEC, Part A, sections:  - 0.1 - 0.2 - 0.4 to 0.6.  Brief description of the vehicle in respect of the identification of controls actuated by the driver, tell-tales and indicators.  Appendix 2  Name of administration Component type-approval certificate in respect of the identification of controls, tell-tales and indicators for a type of two- or three-wheel motor vehicle MODEL Report No . by technical service . date .  Component type-approval No: . Extension No: .  1. Make of vehicle: .  2. Type of vehicle and any versions and variants: .  3. Manufacturer's name and address: .  .  4. Name and address of manufacturer's representative (if any): .  .  5. Date vehicle submitted for test: .  6. Component type-approval granted/refused (1):  7. Place: .  8. Date: .  9. Signature: .  (1) Delete as appropriate.


Avis juridique important

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31998L0096

Council Directive 98/96/EC of 14 December 1998 amending, inter alia, as regards unofficial field inspections under Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species

Official Journal L 025 , 01/02/1999 P. 0027 - 0033

COUNCIL DIRECTIVE 98/96/EC of 14 December 1998 amending, inter alia, as regards unofficial field inspections under Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant speciesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas, for the reasons given below, the following Directives on the marketing of seed and propagating material should be amended:- Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (4),- Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (5),- Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (6),- Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes (7),- Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (8),- Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species (9), and- Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (10);Whereas Commission Decision 89/540/EEC of 22 September 1989 on the organisation of a temporary experiment on the marketing of seeds and propagating material (11), organised a temporary experiment under specified conditions, with the aim of assessing whether unofficial field inspections could ensure simplification of the procedures for official seed certification required under Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC without a significant decrease in the quality of the seed;Whereas the results of the experiment have shown that, for certain purposes, there could be a simplification of the procedures for official seed certification of 'certified seed` of all categories, if inspections were allowed to be carried out by inspectors other than those charged with official examination by the seed certification authority;Whereas administrative developments have taken place in the Member States;Whereas Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC should be amended accordingly;Whereas Directives 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC provide for amendments to be made to the lists of species referred to therein in the light of the development of scientific or technical knowledge concerning the names and hybrids resulting from the crossing of species covered by those Directives, in accordance with the Standing Committee procedure;Whereas it is desirable to facilitate the addition of new species to the list of species in the said directives;Whereas those directives should be amended accordingly;Whereas Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC provide for the organisation of temporary experiments for the purpose of seeking improved alternatives to certain elements of the certification schemes adopted thereunder;Whereas, in the light of experience, it is desirable to extend the scope of the organization of such experiments for the purpose of seeking improved alternatives to certain provisions set out in the said directives;Whereas it is desirable to provide a legal base in Directive 66/403/EEC for the organization of temporary experiments for the purpose of seeking improved alternatives to certain provisions set out in that directive;Whereas it is desirable to provide in Directives 70/457/EEC and 70/458/EEC for rules in relation to the suitability of varietal denominations,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 66/400/EEC is hereby amended as follows:1. Article 2(1)(C)(d) shall be replaced by the following:'(d) (i) which has been found by official examination to satisfy the above mentioned conditions, or(ii) 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.`;2. in Article 2 the following paragraphs shall be added:'3. When the examination under official supervision referred to in paragraph 1(C)(d)(ii) above is carried out, the following requirements shall be complied with:(i) the inspectors, shall:(a) have the necessary technical qualifications;(b) derive no private gain in connection with the carrying out of the inspections;(c) 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;(d) carry out inspections under official supervision in accordance with the rules applicable to official inspections;(ii) the seed crop to be inspected shall be grown from seed which has undergone official post-control, the results of which have been satisfactory;(iii) 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 provide for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;(iv) a proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post-control and, where appropriate, for official laboratory seed testing in respect of varietal identity and purity;(v) the Member States shall determine the penalties applicable to infringements of the rules 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 paragraph (3)(i)(c) 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 laid down in Article 21.Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC shall be adhered to.`;3. the first paragraph of Article 13a shall be replaced by the following:'For 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 laid down in Article 21.`;4. point 3 of Annex I(A) shall be replaced by the following:'3. 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.`Article 2Directive 66/401/EEC is hereby amended as follows:1. Article 2(1)(C)(d) shall be replaced by the following:'(d) (i) which has been found by official examination to satisfy the abovementioned conditions, or(ii) in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision`;2. Article 2(1a) shall be replaced by the following:'1a. Amendments to be made to the list of species referred to in paragraph 1(A) shall be adopted in accordance with the procedure laid down in Article 21.`;3. in Article 2 the following paragraphs shall be added:'3. When the examination under official supervision referred to in paragraph 1(C)(d)(ii) above is carried out, the following requirements shall be complied with:(i) the inspectors shall:(a) have the necessary technical qualifications;(b) derive no private gain in connection with the carrying out of the inspections;(c) 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;(d) carry out inspections under official supervision in accordance with the rules applicable to official inspections;(ii) the seed crop to be inspected shall be grown from seed which has undergone official post-control, the results of which have been satisfactory;(iii) a proportion of the seed 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 provide for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;(iv) a proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post-control and, where appropriate, for official laboratory seed testing in respect of varietal identity and purity;(v) the Member States shall determine the penalties applicable to infringements of the rules 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 paragraph (3)(i)(c) 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 laid down in Article 21.Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC shall be adhered to.`;4. the first paragraph of Article 13a shall be replaced by the following:'For 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 laid down in Article 21.`;5. the first sentence of point 6 of Annex I shall be replaced by the following:'6. The satisfaction of the abovementioned standards or other conditions shall, in the case of basic seed, be examined in official field inspections and, in the case of certified seed, be examined either in official field inspections or in inspections carried out under official supervision.`Article 3Directive 66/402/EEC is hereby amended as follows:1. Article 2(1)(E)(d) shall be replaced by the following:'(d) (i) which has been found by official examination to satisfy the abovementioned conditions, or(ii) in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision.`;2. Article 2(1)(F)(d) shall be replaced by the following:'(d) (i) which has been found by official examination to satisfy the abovementioned conditions, or(ii) in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision.`;3. Article 2(1)(G)(d) shall be replaced by the following:'(d) (i) which has been found by official examination to satisfy the abovementioned conditions, or(ii) in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision.`;4. Article 2(1a) shall be replaced by the following:'1a. Amendments to be made to the list of species referred to in paragraph 1(A) shall be adopted in accordance with the procedure laid down in Article 21.`;5. in Article 2 the following paragraphs shall be added:'3. When the examination under official supervision referred to in paragraphs 1(E)(d)(ii), 1(F)(d)(ii) and 1(G)(d)(ii) above is carried out, the following requirements shall be complied with:(i) the inspectors shall:(a) have the necessary technical qualifications;(b) derive no private gain in connection with the carrying out of the inspections;(c) 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;(d) carry out inspections under official supervision in accordance with the rules applicable to official inspections;(ii) the seed crop to be inspected shall be grown from seed which has undergone official post-control, the results of which have been satisfactory;(iii) a proportion of the seed 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 provide for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;(iv) a proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post-control and, where appropriate, for official laboratory seed testing in respect of varietal identity and purity;(v) the Member States shall determine the penalties applicable to infringements of the rules 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 paragraph (3)(i)(c) 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 laid down in Article 21.Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC shall be adhered to.`;6. in Article 13a the first paragraph shall be replaced by the following:'For 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 laid down in Article 21.`;7. the first sentence of point 5 of Annex I shall be replaced by the following:'5. The satisfaction of the abovementioned standards or other conditions shall, in the case of basic seed, be examined in official field inspections and, in the case of certified seed, be examined either in official field inspections or in inspections carried out under official supervision.`Article 4Directive 66/403/EEC is hereby amended as follows:The following Article shall be added after Article 13:'Article 13aFor the purpose of seeking improved alternatives to certain provisions set out in this Directive, other than those relating to plant health, it may be decided to organise temporary experiments under specified conditions at Community level in accordance with the provisions laid down in Article 19.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 5Directive 69/208/EEC is hereby amended as follows:1. Article 2(1)(C)(d) shall be replaced by the following:'(d) (i) which has been found by official examination to satisfy the abovementioned conditions, or(ii) in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision.`;2. Article 2(1)(D)(d) shall be replaced by the following:'(d) (i) which has been found by official examination to satisfy the abovementioned conditions, or(iii) in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision.`;3. Article 2(1)(E)(d) shall be replaced by the following:'(d) (i) which has been found by official examination to satisfy the abovementioned conditions, or(ii) in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision.`;4. Article 2(1)(Ea)(d) shall be replaced by the following:'(d) (i) which has been found by official examination to satisfy the abovementioned conditions, or(ii) in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision.`;5. Article 2(1)(F)(d) shall be replaced by the following:'(d) (i) which has been found by official examination to satisfy the abovementioned conditions, or(ii) in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision.`;6. Article 2(1a) shall be replaced by the following:'1a. Amendments to be made to the list of species referred to in paragraph 1(A) shall be adopted in accordance with the procedure laid down in Article 20.`;7. In Article 2 the following paragraphs shall be added:'3. When the examination under official supervision referred to in paragraphs 1(C)(d)(ii), 1(D)(d)(ii), 1(E)(d)(ii), 1(Ea)(d)(ii) and 1(F)(d)(ii) above is carried out, the following requirements shall be complied with:(i) the inspectors shall:(a) have the necessary technical qualifications;(b) derive no private gain in connection with the carrying out of the inspections;(c) 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;(d) carry out inspections under official supervision in accordance with the rules applicable to official inspections;(ii) the seed crop to be inspected shall be grown from seed which has undergone official post-control, the results of which have been satisfactory;(iii) a proportion of the seed 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 provide for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;(iv) a proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post-control and, where appropriate, for official laboratory seed testing in respect of varietal identity and purity;(v) the Member States shall determine the penalties applicable to infringements of the rules 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 paragraph (3)(i)(c) 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 laid down in Article 21.Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC shall be adhered to.`;8. in Article 12a the first paragraph shall be replaced by the following:'For 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 laid down in Article 21.`;9. in Annex I the first sentence of point 5 shall be replaced by the following:'5. The satisfaction of the abovementioned standards or other conditions shall, in the case of basic seed, be examined in official field inspections and, in the case of certified seed, be examined either in official field inspections or in inspections carried out under official supervision.`.Article 6Directive 70/457/EEC is hereby amended as follows:In Article 9 the following paragraph shall be added:'5. So far as the suitability of the denomination of a variety is concerned, Article 63 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (*) shall apply.Detailed implementing rules as to the suitability of denominations of varieties may be adopted in accordance with the procedure provided for in Article 23.(*) OJ L 227, 1.9.1994, p. 1. Regulation as amended by Regulation (EC) No 2506/95 (OJ L 258, 28.10.1995, p. 3).`Article 7Directive 70/458/EEC is hereby amended as follows:1. Article 2(1a) shall be replaced by the following:'1a. Amendments to be made to the lists of species referred to in paragraph 1(A) shall be adopted in accordance with the procedure laid down in Article 40.`;2. the first paragraph of Article 29a shall be replaced by the following:'For 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 laid down in Article 40.`;3. in Article 10 the following paragraph shall be added:'5. So far as the suitability of the denomination of a variety is concerned, Article 63 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (*) shall apply.Detailed implementing rules as to the suitability of denominations of varieties may be adopted in accordance with the procedure provided for in Article 40.(*) OJ L 227, 1.9.1994, p. 1. Regulation as amended by Regulation (EC) No 2506/95 (OJ L 258, 28.10.1995, p. 3).`Article 81. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive before 1 February 2000. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The procedure for such reference shall be adopted by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive.Article 9No later than five years after the date of the entry into force of this Directive, the Commission shall submit a detailed evaluation of the simplifications of the certification procedures introduced thereby. This evaluation shall focus in particular on the possible effects on the quality of the seed.Article 10This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 11This Directive is addressed to the Member States.Done at Brussels, 14 December 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ C 289, 24.9.1997, p. 6.(2) OJ C 167, 29.6.1998, p. 302.(3) OJ C 73, 9.3.1998, p. 45.(4) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by Directive 98/95/EC (See page 1 of this Official Journal).(5) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 98/95/EC.(6) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by Directive 98/95/EC.(7) OJ 125, 11.7.1966, p. 2320/66. Directive as last amended by Directive 98/95/EC.(8) OJ L 169, 10.7.1969, p. 3. Directive as last amended by Directive 98/95/EC.(9) OJ L 225, 12.10.1970, p. 1. Directive as last amended by Directive 98/95/EC.(10) OJ L 225, 12.10.1970, p. 7. Directive as last amended by Directive 98/95/EC.(11) OJ L 286, 4.10.1989, p. 24. Decision as last amended by Commission Decision 96/336/EC (OJ L 128, 29.5.1996, p. 23).


Avis juridique important

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31985L0409

Commission Directive 85/409/EEC of 11 July 1985 adapting to technical progress Council Directive 84/537/EEC on the approximation of the laws of the Member States relating to the permissible sound power level of powered hand-held concrete-breakers and picks

Official Journal L 233 , 30/08/1985 P. 0020 - 0021 Spanish special edition: Chapter 15 Volume 6 P. 0082  Portuguese special edition Chapter 15 Volume 6 P. 0082  Finnish special edition: Chapter 15 Volume 7 P. 0059  Swedish special edition: Chapter 15 Volume 7 P. 0059

COMMISSION DIRECTIVEof 11 July 1985adapting to technical progress Council Directive 84/537/EEC on  the approximation of the laws of the Member States relating to the permissible sound power level of  powered hand-held concrete-breakers and picks(85/409/EEC)THE COMMISSION OF THE  EUROPEANCOMMUNITIES,Having regard to the Treaty establishing the European Economic  Community,Having regard to Council Directive 84/537/EEC of 17 September 1984 on the approximation  of the laws of the Member States relating to the permissible sound power level of powered hand-held  concrete-breakers and picks (1) and in particular Article 6 thereof,Whereas, in view of experience  gained and of the state of the art, it is now necessary to match the requirements of Annex I of  Directive 84/537/EEC to the actual test conditions;Whereas the measures provided for in this  Directive are in accordance with the opinion of the Committee on the Adaptation to Technical  Progress of the Directive on the Determination of the Noise Emission of Construction Plant and  Equipment, HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 84/537/EEC is hereby  amended in accordance with the Annex to this Directive.Article 2The Member States shall, by 26  March 1986, adopt and publish the provisions required to comply with this Directive and shall  forthwith inform the Commission thereof.Article 3This Directive is addressed to the Member  States.Done at Brussels, 11 July 1985.For the CommissionStanley CLINTON  DAVISMember of the Commission(1) OJ N° L 300, 19. 11. 1984, p. 156.  ANNEXAMENDMENTS TO ANNEX I TO THE DIRECTIVE 84/537/EEC6.1.4.Composition of the  concretePoint 6.1.4 shall be reworded as follows:For one 50-kilogram sack of pure Portland cement,  category 400 or equivalent:65 litres of ungraded, non-calcareous sand with grain size of 0,1 to 5  mm,115 litres of non-calcareous alluvial gravel with grain size of 5 to 25 mm,15 litres water,with  possible adding of hardener.The cube shall be reinforced by 8-mm-diameter steel rods without ties,  each rod being independent of the others; the design concept is illustrated in Figure  1.6.3.Measuring sitePoint 6.3 shall be reworded as follows:The measuring site must be flat and  horizontal. This site, shall be of concrete or non-porous asphalt and shall be a minimum of 4 m in  radius.6.4.1.Measuring surface, measuring distancePoint 6.4.1 shall be reworded as follows:The  measuring surface to be used for the test shall be a hemisphere. The radius is given in the  following table: >TABLE>Point 6.4.1 shall be followed by a new point 6.4.2.1 worded as  follows:6.4.2.1.GeneralFor the measurements there shall be six measuring points, i.e. points 2, 4,  6, 8, 10 and 12, arranged as defined in section 6.4.2.2 of Annex I to Directive 79/113/EEC, with  the variations in the value of z of points 2, 4, 6 and 8 as shown in the previous table.For testing  the appliances, the geometric centre of the appliance shall be positioned vertically above the  centre of the hemisphere.6.4.2.2.Measuring points6.4.2.2.is deleted.FIGURE 1   TEST BLOCKThe  composition to be reworded as given in point 6.1.4 above.


title: Commission Directive 2010/60/EU of 30 August 2010 providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment  Text with EEA relevance

text:
               31.8.2010

               EN

               Official Journal of the European Union

               L 228/10

         COMMISSION DIRECTIVE 2010/60/EU
   of 30 August 2010
   providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular the fourth subparagraph of Article 13(1) thereof,
   Whereas:

               (1)

               The questions of biodiversity and the conservation of plant genetic resources have grown in importance in recent years, as shown by different developments at international and EU level. Examples include Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on Biological Diversity (2), Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (3), Council Regulation (EC) No 870/2004 of 26 April 2004 establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and repealing Regulation (EC) No 1467/94 (4) and Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (5). Specific conditions should be established under the EU legislation governing the marketing of fodder plant seed mixtures, namely Directive 66/401/EEC, in order to take account of these issues.

               (2)

               To allow the marketing of fodder plant seed mixtures which are intended for use in the preservation of the natural environment in the context of the conservation of genetic resources (hereinafter preservation mixtures), even where the components of those mixtures do not comply with some of the general requirements for marketing provided for in Directive 66/401/EEC, it is necessary to provide for certain derogations.

               (3)

               To ensure that mixtures marketed as preservation mixtures fulfil the requirements of those derogations, it is necessary to provide that marketing of such mixtures is subject to authorisation. Authorisation should be granted on application.

               (4)

               As regards preservation mixtures containing conservation varieties within the meaning of Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (6), this Directive should, however, be without prejudice to Directive 2008/62/EC.

               (5)

               Special areas of conservation designated by the Member States in accordance with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (7) host natural and semi-natural habitats worthy of conservation. Such areas should be considered as source areas for preservation mixtures. Member States should also have the possibility to designate other areas contributing to the conservation of plant genetic resources if they comply with comparable rules.

               (6)

               It should be provided that the components of the preservation mixture are indicated as species and, where relevant, subspecies in the authorisation and on the label. The specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive should also be provided. As regards these requirements, for directly harvested preservation mixtures it is necessary to take into account the harvesting method.

               (7)

               It is necessary to provide for derogations concerning the examination of the preservation mixture by the Member States before it is authorised for marketing. The manner in which these mixtures are examined should in certain cases also allow for the differences between the harvesting methods of crop-grown and of directly harvested preservation mixtures.

               (8)

               To ensure that the marketing of preservation mixtures takes place in the context of the conservation of genetic resources, restrictions should be provided for, in particular, regarding the region of origin and the source area.

               (9)

               A maximum quantity should be fixed for the marketing of preservation mixtures. To make sure that this maximum quantity is respected, Member States should require producers to notify the quantities of preservation mixtures for which they intend to apply for authorisation, and Member States should allocate the quantities to producers if necessary.

               (10)

               The traceability of preservation mixtures should be ensured through appropriate sealing and labelling requirements.

               (11)

               To ensure that the rules laid down in this Directive are correctly applied, official monitoring should be carried out.

               (12)

               After an appropriate period the Commission should assess whether the measures provided for in this Directive are effective.

               (13)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Definitions
   For the purposes of this Directive the following definitions apply:

               (a)

               ‘source area’ means:

                           (i)

                           an area designated by a Member State as a special area of conservation in accordance with Article 4(4) of Directive 92/43/EEC; or

                           (ii)

                           an area contributing to the conservation of plant genetic resources and which is designated by a Member State in accordance with a national procedure based on criteria comparable to those provided for in Article 4(4) of Directive 92/43/EEC in conjunction with Article 1(k) and (l) of that Directive, and which is managed, protected and under surveillance in a manner equivalent to Article 6 and Article 11 of that Directive;

               (b)

               ‘collection site’ means a part of the source area, where the seed has been collected;

               (c)

               ‘directly harvested mixture’ means a seed mixture marketed as collected at the collection site, with or without cleaning;

               (d)

               ‘crop-grown mixture’ means a seed mixture produced in accordance with the following process:

                           (i)

                           seed of individual species is taken at the collection site;

                           (ii)

                           the seed referred to in point (i) is multiplied outside the collection site as single species;

                           (iii)

                           the seeds of those species are then mixed to create a mixture which is composed of those genera, species and, where relevant, subspecies which are typical for the habitat type of the collection site.

         Article 2
   Preservation mixtures
   1.   By way of derogation from Article 3(1) and (2) of Directive 66/401/EEC, Member States may authorise marketing of mixtures of various genera, species and, where relevant, subspecies, intended for use in the preservation of the natural environment in the context of the conservation of genetic resources referred to in Article 22a(1)(b) of that Directive.
   Such mixtures may contain seed of fodder plants covered by Directive 66/401/EEC and, in addition, seed of plants which are not fodder plants within the meaning of that Directive.
   Such mixtures are hereinafter referred to as ‘preservation mixtures’.
   2.   Where a preservation mixture contains a conservation variety, Directive 2008/62/EC shall apply.
   3.   Unless otherwise provided in this Directive, Directive 66/401/EEC shall apply.
   Article 3
   Region of origin
   When a Member State authorises the marketing of a preservation mixture, it shall define the region with which that mixture is naturally associated, hereinafter referred to as ‘region of origin’. It shall take into account information from plant genetic resource authorities or organisations recognised for this purpose by the Member States. Where the region of origin is located in more than one Member State, it shall be identified by all Member States concerned by common accord.
   Article 4
   Authorisation
   1.   Member States may authorise preservation mixtures for marketing in their region of origin provided those mixtures fulfil the requirements in Article 5 in the case of directly harvested preservation mixtures or the requirements in Article 6 in the case of crop-grown preservation mixtures.
   2.   The authorisation shall include the following:

               (a)

               name and address of the producer;

               (b)

               harvesting method: whether directly harvested or crop-grown;

               (c)

               percentage by weight of the components as species and, where relevant, subspecies;

               (d)

               in the case of crop-grown preservation mixtures, a specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive;

               (e)

               quantity of the mixture to which the authorisation is to apply;

               (f)

               region of origin;

               (g)

               restriction to marketing in the region of origin;

               (h)

               source area;

               (i)

               collection site, and in the case of a crop-grown preservation mixture, in addition, the multiplication site;

               (j)

               habitat type of the collection site; and

               (k)

               year of collection.

         3.   As regards paragraph 2(c), for directly harvested preservation mixtures it shall suffice to give those components as species and, where relevant, subspecies which are typical for the habitat type of the collection site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources.
   Article 5
   Authorisation requirements for directly harvested preservation mixtures
   1.   A directly harvested preservation mixture shall have been collected in its source area at a collection site which has not been sown in the 40 years previous to the date of the application by the producer, referred to in Article 7(1). The source area shall be located in the region of origin.
   2.   The percentage of the components of the directly harvested preservation mixture that are species and, where relevant, subspecies which are typical for the habitat type of the collection site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of conservation of genetic resources, shall be adequate for the purpose of recreating the habitat type of the collection site.
   3.   The germination rate of the components referred to in paragraph 2 shall be sufficient for the purpose of recreating the habitat type of the collection site.
   4.   The maximum content of species and, where relevant, subspecies which do not comply with paragraph 2 shall not exceed 1 % by weight. The directly harvested preservation mixture shall not contain Avena fatua, Avena sterilis and Cuscuta spp. The maximum content of Rumex spp. other than Rumex acetosella and Rumex maritimus shall not exceed 0,05 % by weight.
   Article 6
   Authorisation requirements for crop-grown preservation mixtures
   1.   As regards crop-grown preservation mixtures, the collected seed from which the crop-grown seed mixture is produced shall have been collected in its source area at a collection site which has not been sown in the 40 years previous to the date of the application by the producer, referred to in Article 7(1). The source area shall be located in the region of origin.
   2.   The seed of the crop-grown preservation mixture shall be of species and, where relevant, subspecies which are typical for the habitat type of the collection site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of conservation of genetic resources.
   3.   Components of a crop-grown preservation mixture which are seeds of fodder plants within the meaning of Directive 66/401/EEC shall, before mixing, comply with the requirements for commercial seed set out in Section III of Annex II to Directive 66/401/EEC as regards analytical purity, as set out in columns 4 to 11 of the table in Section I(2)A of that Annex, as regards maximum content of other plant species in a sample of the weight specified in column 4 of Annex III thereof (total per column), as set out in columns 12, 13 and 14 of the table in Section I(2)A of Annex II thereof, and as regards conditions concerning Lupin seeds, as set out in column 15 of the table in Section I(2)A of that Annex.
   4.   Multiplication may take place for five generations.
   Article 7
   Procedural requirements
   1.   Authorisation shall be granted on application by the producer.
   The application shall be accompanied by the information necessary to verify compliance with Articles 4 and 5 in the case of directly harvested preservation mixtures or with Articles 4 and 6 in the case of crop-grown preservation mixtures.
   2.   As regards directly harvested preservation mixtures, the Member State in which the collection site is located shall carry out visual inspections.
   Those visual inspections shall be carried out on the collection site during the period of growth at intervals appropriate to ensure that the mixture complies, at least, with the authorisation requirements provided for in Article 5(2) and (4).
   The Member State that carried out the visual inspections shall document the results thereof.
   3.   As regards crop-grown preservation mixtures, when a Member State examines an application, it shall carry out tests or tests shall be carried out under official supervision of the Member State to check that the preservation mixture complies, at least, with the authorisation requirements provided for in Article 6(2) and (3).
   Such tests shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.
   For those tests the Member State concerned shall ensure that samples are drawn from homogenous lots. It shall ensure that the rules on lot weight and sample weight provided for in Article 7(2) of Directive 66/401/EEC are applied.
   Article 8
   Quantitative restriction
   Each Member State shall ensure that the total quantity of seed of preservation mixtures marketed each year does not exceed 5 % of the total weight of all fodder plant seed mixtures covered by Directive 66/401/EEC and marketed in the respective year in the Member State concerned.
   Article 9
   Application of quantitative restrictions
   1.   In the case of directly harvested preservation mixtures, Member States shall ensure that producers notify before the beginning of each production season the quantity of seed of preservation mixtures for which they intend to apply for authorisation together with size and location of the intended collection site or sites.
   In the case of crop-grown preservation mixtures, Member States shall ensure that producers notify before the beginning of each production season the quantity of seed of preservation mixtures for which they intend to apply for authorisation together with both, size and location of the intended collection site or sites and size and location of the intended multiplication site or sites.
   2.   If, based on the notifications referred to in paragraph 1, the quantities laid down in Article 8 are likely to be exceeded, Member States shall allocate to each producer concerned the quantity it is allowed to market in the respective production season.
   Article 10
   Sealing of packages and containers
   1.   Member States shall ensure that preservation mixtures may be marketed only in closed packages and containers bearing a sealing device.
   2.   In order to ensure sealing, the sealing system shall comprise at least the label or the affixing of a seal.
   3.   The packages and containers referred to in paragraph 1 shall be sealed in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on the producer’s label, or on the package or container.
   Article 11
   Labelling
   1.   Member States shall ensure that packages and containers of preservation mixtures bear a producer’s label or a printed or stamped notice including at least the following information:

               (a)

               the words ‘EU rules and standards’;

               (b)

               name and address of the person responsible for affixing the labels or his identification mark;

               (c)

               harvesting method: whether directly harvested or crop-grown;

               (d)

               year of the sealing expressed as: ‘sealed …’ (year);

               (e)

               region of origin;

               (f)

               source area;

               (g)

               collection site;

               (h)

               habitat type of the collection site;

               (i)

               the words ‘preservation fodder plant seed mixture, intended for use in an area of the same habitat type as the collection site, not considering the biotic conditions’;

               (j)

               reference number of the lot given by the person responsible for affixing the labels;

               (k)

               the percentage by weight of the components as species and, where relevant, subspecies;

               (l)

               declared net or gross weight;

               (m)

               where 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 shall be indicated; and

               (n)

               in the case of crop-grown preservation mixtures, a specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive.

         2.   As regards paragraph 1(k), it shall suffice to indicate the components of directly harvested preservation mixtures as provided for Article 4(3).
   3.   As regards paragraph 1(n), it shall suffice to indicate an average of these required specific germination rates in case the number of required specific germination rates is more than five.
   Article 12
   Monitoring
   Member States shall ensure by official monitoring that this Directive is complied with.
   Article 13
   Reporting
   Member States shall ensure that producers operating in their territory report for each production season the amount of preservation mixtures marketed.
   The Member States shall report on request to the Commission and to the other Member States the amount of preservation mixtures marketed in their territory.
   Article 14
   Notification of the recognised organisations of plant genetic resources
   Member States shall notify on request to the Commission the plant genetic resource authorities or organisations recognised for this purpose by the Member States.
   Article 15
   Evaluation
   The Commission shall evaluate the implementation of this Directive by 31 December 2014.
   Article 16
   Transposition
   1.   Member States shall bring into force, by 30 November 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 17
   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 18
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 30 August 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ 125, 11.7.1966, p. 2298/66.

      (2)  OJ L 309, 13.12.1993, p. 1.

      (3)  OJ L 378, 23.12.2004, p. 1.

      (4)  OJ L 162, 30.4.2004, p. 18.

      (5)  OJ L 277, 21.10.2005, p. 1.

      (6)  OJ L 162, 21.6.2008, p. 13.

      (7)  OJ L 206, 22.7.1992, p. 7.