title: Commission Directive 2007/16/EC of 19 March 2007 implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions (Text with EEA relevance )

text:
               20.3.2007

               EN

               Official Journal of the European Union

               L 79/11

         COMMISSION DIRECTIVE 2007/16/EC
   of 19 March 2007
   implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (1), and in particular point (a) of Article 53a thereof,
   Whereas:

               (1)

               Directive 85/611/EEC contains several definitions, sometimes interlinked, related to the assets which are eligible for investment by undertakings for collective investment in transferable securities, hereinafter ‘UCITS’, such as a definition of transferable securities and a definition of money market instruments.

               (2)

               Since the adoption of Directive 85/611/EEC, the variety of financial instruments traded on financial markets has increased considerably, leading to uncertainty in determining whether certain categories of financial instruments are encompassed by those definitions. Uncertainty in applying the definitions gives rise to divergent interpretations of the Directive.

               (3)

               In order to ensure a uniform application of Directive 85/611/EEC, to help Member States to develop a common understanding as to whether a given asset category is eligible for a UCITS and to ensure that the definitions are understood in a manner consistent with the principles underlying Directive 85/611/EEC, such as those governing risk-diversification and limits to exposure, the ability of the UCITS to redeem its units at the request of the unit-holders and to calculate its net asset value whenever units are issued or redeemed, it is necessary to provide competent authorities and market participants with more certainty in this respect. Greater certainty will also facilitate a better functioning of the notification procedure for the cross-border distribution of UCITS.

               (4)

               The clarifications provided by this Directive do not of themselves give rise to any new behavioural or operational obligations for competent authorities or market participants. Rather than establishing exhaustive lists of financial instruments and transactions, they elucidate basic criteria as an aid in assessing whether or not a class of financial instrument is covered by the various definitions.

               (5)

               The eligibility of an asset for a UCITS must be assessed not only with regard to whether it falls within the scope of the definitions as clarified by this text but also with regard to the other requirements of Directive 85/611/EEC. National competent authorities could work together through the Committee of European Securities Regulators (CESR) to develop common approaches on the practical, day-to-day application of those clarifications in the context of their supervisory duties, notably in connection with other requirements of Directive 85/611/EEC such as control or risk management procedures, and to ensure the smooth functioning of the product passport.

               (6)

               Directive 85/611/EEC defines transferable securities exclusively from a formal/legal point of view. Accordingly the definition of transferable securities is applicable to a wide range of financial products with differing features and different levels of liquidity. For each of those financial products, consistency between the definition of transferable securities and other provisions of the Directive should be ensured.

               (7)

               Closed end funds constitute an asset class which is not explicitly referred to as an eligible asset for a UCITS under Directive 85/611/EEC. However, the units of closed end funds are often treated as transferable securities and their admission to trading on a regulated market often gives grounds for such a treatment. It is therefore necessary to provide market participants and competent authorities with certainty as to whether units of closed end funds are covered by the definition of transferable securities. National competent authorities could work together through the CESR to develop common approaches as regards the practical, day-to-day application of the criteria applicable to closed end funds, notably in respect of minimum core standards in relation to corporate governance mechanisms.

               (8)

               Additional legal certainty is also necessary with regard to the categorisation, as transferable securities, of financial instruments which are linked to the performance of other assets, including assets which are not referred to by Directive 85/611/EEC itself, or which are backed by such assets. It should be made clear that if the linkage to the underlying or to another component of the instrument amounts to an element which has to be considered as an embedded derivative, the financial instrument falls in the subcategory of transferable securities embedding a derivative element. This has the consequence that the criteria for derivatives under Directive 85/611/EEC have to be applied in respect of that element.

               (9)

               In order to be covered by the definition of money market instruments in Directive 85/611/EEC, a financial instrument should fulfil certain criteria, notably it must normally be dealt in on the money market, it must be liquid and it must have a value which can be accurately determined at any time. It is necessary to ensure a uniform application of those criteria taking into account certain market practices. It is also necessary to clarify that the criteria have to be understood in coherence with other principles of Directive 85/611/EEC. The definition of money market instruments should extend to financial instruments which are not admitted to or dealt in on a regulated market and for which Directive 85/611/EEC sets out criteria in addition to the general criteria for money market instruments. It was therefore equally necessary to clarify those criteria in the light of investor protection requirements and taking into account principles of the Directive such as portfolio liquidity, as resulting from Article 37 thereof.

               (10)

               Under Directive 85/611/EEC financial derivative instruments are to be considered as liquid financial assets if they fulfil the criteria set out in that Directive. It is necessary to ensure a uniform application of those criteria and it is also necessary to make clear that the criteria have to be understood in a way which is consistent with other provisions of the Directive. It should also be made clear that if credit derivatives comply with those criteria, they are financial derivative instruments within the meaning of Directive 85/611/EEC and hence eligible for treatment as liquid financial assets.

               (11)

               The need for clarification is particularly pressing for derivatives on financial indices. There is currently a wide range of financial indices which function as the underlying for a derivative instrument. These indices may vary as regards their composition or the weighting of their components. In all cases it has to be ensured that the UCITS is able to fulfil its obligations as regards portfolio liquidity, as resulting from Article 37 of Directive 85/611/EEC, and the calculation of the net asset value and that those obligations are not negatively affected by the features of the underlying of a derivative. It should be clarified that derivatives on financial indices whose composition is sufficiently diversified, which represent an adequate benchmark to the market to which they refer and which are subject to appropriate information regarding the index composition and calculation fall under the category of derivatives as liquid financial assets. National competent authorities could work together through the CESR to develop common approaches as regards the practical, day-to-day application of those criteria in respect of indices based on assets which are not individually identified as eligible assets in the Directive.

               (12)

               Directive 85/611/EEC recognises as a sub-category of transferable securities and money market instruments those which embed a derivative element. Embedding a derivative element into a transferable security or money market instrument does not transform the whole financial instrument into a financial derivative instrument which would fall outside the definitions of transferable security or money market instrument. Therefore, it is necessary to make clear whether a financial derivative can be considered embedded in another instrument. In addition, embedding a derivative into a transferable security or money market instrument entails the risk that the rules for derivatives imposed by Directive 85/611/EEC are bypassed. For that reason, the Directive requires identification of the embedded derivative element and compliance with those rules. Given the level of financial innovation, the identification of an embedded derivative element is not always evident. In order to achieve more certainty in this respect, criteria for identifying such elements should be laid down.

               (13)

               Pursuant to Directive 85/611/EEC, techniques and instruments relating to transferable securities or money market instruments for the purpose of efficient portfolio management do not fall under the definitions of transferable securities and money market instruments. To clarify the boundaries of those definitions it is necessary to set out criteria to identify the transactions which would fall under those techniques and instruments. It is also necessary to recall that those techniques and instruments have to be understood in coherence with the other obligations of a UCITS, particularly as regards its risk profile. That is to say, they must be consistent with the rules laid down by Directive 85/611/EEC on risk management and on risk diversification, as well as with its restrictions on short sales and borrowing.

               (14)

               Directive 85/611/EEC sets out criteria to define UCITS which replicate bond or share indices. UCITS which comply with those criteria are subject to a more flexible treatment as regards issuer concentration limits. It is therefore necessary to develop a clear understanding of those criteria and to ensure their uniform application in all Member States. That entails giving further clarification as to whether a UCITS can be considered to be an index-replicating UCITS, and thus more certainty about the conditions which justify the preferential treatment of index-replicating UCITS.

               (15)

               The Committee of European Securities Regulators has been consulted for technical advice.

               (16)

               The measures provided for in this Directive are in accordance with the opinion of the European Securities Committee,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   This Directive lays down rules clarifying, for the purposes of their uniform application, the following terms:

               1.

               transferable securities, as defined in Article 1(8) of Directive 85/611/EEC;

               2.

               money market instruments, as defined in Article 1(9) of Directive 85/611/EEC;

               3.

               liquid financial assets, as referred to in the definition of UCITS laid down in Article 1(2) of Directive 85/611/EEC, with respect to financial derivative instruments;

               4.

               transferable securities and money market instruments embedding derivatives, as referred to in the fourth subparagraph of Article 21(3) of Directive 85/611/EEC;

               5.

               techniques and instruments for the purpose of efficient portfolio management, as referred to in Article 21(2) of Directive 85/611/EEC;

               6.

               index-replicating UCITS, as referred to in Article 22a(1) of Directive 85/611/EEC.

         Article 2

      Article 1(8) of Directive 85/611/EEC

   Transferable securities
   1.   The reference in Article 1(8) of Directive 85/611/EEC to transferable securities shall be understood as a reference to financial instruments which fulfil the following criteria:

               (a)

               the potential loss which the UCITS may incur with respect to holding those instruments is limited to the amount paid for them;

               (b)

               their liquidity does not compromise the ability of the UCITS to comply with Article 37 of Directive 85/611/EEC;

               (c)

               reliable valuation is available for them as follows:

                           (i)

                           in the case of securities admitted to or dealt in on a regulated market as referred to in points (a) to (d) of Article 19(1) of Directive 85/611/EEC, in the form of accurate, reliable and regular prices which are either market prices or prices made available by valuation systems independent from issuers;

                           (ii)

                           in the case of other securities as referred to in Article 19(2) of Directive 85/611/EEC, in the form of a valuation on a periodic basis which is derived from information from the issuer of the security or from competent investment research;

               (d)

               appropriate information is available for them as follows:

                           (i)

                           in the case of securities admitted to or dealt in on a regulated market as referred to in points (a) to (d) of Article 19(1) of Directive 85/611/EEC, in the form of regular, accurate and comprehensive information to the market on the security or, where relevant, on the portfolio of the security;

                           (ii)

                           in the case of other securities as referred to in Article 19(2) of Directive 85/611/EEC, in the form of regular and accurate information to the UCITS on the security or, where relevant, on the portfolio of the security;

               (e)

               they are negotiable;

               (f)

               their acquisition is consistent with the investment objectives or the investment policy, or both, of the UCITS pursuant to Directive 85/611/EEC;

               (g)

               their risks are adequately captured by the risk management process of the UCITS.

         For the purposes of points (b) and (e) of the first subparagraph, and unless there is information available to the UCITS that would lead to a different determination, financial instruments which are admitted or dealt in on a regulated market in accordance with points (a), (b) or (c) of Article 19(1) of Directive 85/611/EEC shall be presumed not to compromise the ability of the UCITS to comply with Article 37 of Directive 85/611/EEC and shall also be presumed to be negotiable.
   2.   Transferable securities as referred to in Article 1(8) of Directive 85/611/EEC shall be taken to include the following:

               (a)

               units in closed end funds constituted as investment companies or as unit trusts which fulfil the following criteria:

                           (i)

                           they fulfil the criteria set out in paragraph 1;

                           (ii)

                           they are subject to corporate governance mechanisms applied to companies;

                           (iii)

                           where asset management activity is carried out by another entity on behalf of the closed end fund, that entity is subject to national regulation for the purpose of investor protection;

               (b)

               units in closed end funds constituted under the law of contract which fulfil the following criteria:

                           (i)

                           they fulfil the criteria set out in paragraph 1;

                           (ii)

                           they are subject to corporate governance mechanisms equivalent to those applied to companies as referred to in point (a)(ii);

                           (iii)

                           they are managed by an entity which is subject to national regulation for the purpose of investor protection;

               (c)

               financial instruments which fulfil the following criteria:

                           (i)

                           they fulfil the criteria set out in paragraph 1;

                           (ii)

                           they are backed by, or linked to the performance of, other assets, which may differ from those referred to in Article 19(1) of Directive 85/611/EEC.

         3.   Where a financial instrument covered by point (c) of paragraph 2 contains an embedded derivative component as referred to in Article 10 of this Directive, the requirements of Article 21 of Directive 85/611/EEC shall apply to that component.
   Article 3

      Article 1(9) of Directive 85/611/EEC

   Instruments normally dealt in on the money market
   1.   The reference in Article 1(9) of Directive 85/611/EEC to money market instruments as instruments shall be understood as a reference to the following:

               (a)

               financial instruments which are admitted to trading or dealt in on a regulated market in accordance with points (a), (b) and (c) of Article 19(1) of Directive 85/611/EEC;

               (b)

               financial instruments which are not admitted to trading.

         2.   The reference in Article 1(9) of Directive 85/611/EEC to money market instruments as instruments normally dealt in on the money market shall be understood as a reference to financial instruments which fulfil one of the following criteria:

               (a)

               they have a maturity at issuance of up to and including 397 days;

               (b)

               they have a residual maturity of up to and including 397 days;

               (c)

               they undergo regular yield adjustments in line with money market conditions at least every 397 days;

               (d)

               their risk profile, including credit and interest rate risks, corresponds to that of financial instruments which have a maturity as referred to in points (a) or (b), or are subject to a yield adjustment as referred to in point (c).

         Article 4

      Article 1(9) of Directive 85/611/EEC

   Liquid instruments with a value which can be accurately determined at any time
   1.   The reference in Article 1(9) of Directive 85/611/EEC to money market instruments as instruments which are liquid shall be understood as a reference to financial instruments which can be sold at limited cost in an adequately short time frame, taking into account the obligation of the UCITS to repurchase or redeem its units at the request of any unit holder.
   2.   The reference in Article 1(9) of Directive 85/611/EEC to money market instruments as instruments which have a value which can be accurately determined at any time shall be understood as a reference to financial instruments for which accurate and reliable valuations systems, which fulfil the following criteria, are available:

               (a)

               they enable the UCITS to calculate a net asset value in accordance with the value at which the financial instrument held in the portfolio could be exchanged between knowledgeable willing parties in an arm’s length transaction;

               (b)

               they are based either on market data or on valuation models including systems based on amortised costs.

         3.   The criteria referred to in paragraphs 1 and 2 shall be presumed to be fulfilled in the case of financial instruments which are normally dealt in on the money market for the purposes of Article 1(9) of Directive 85/611/EEC and which are admitted to, or dealt in on, a regulated market in accordance with points (a), (b) or (c) of Article 19(1) thereof, unless there is information available to the UCITS that would lead to a different determination.
   Article 5

      Article 19(1)(h) of Directive 85/611/EEC

   Instruments of which the issue or issuer is regulated for the purpose of protecting investors and savings
   1.   The reference in Article 19(1)(h) of Directive 85/611/EEC to money market instruments, other than those dealt in on a regulated market, of which the issue or the issuer is itself regulated for the purpose of protecting investors and savings, shall be understood as a reference to financial instruments which fulfil the following criteria:

               (a)

               they fulfil one of the criteria set out in Article 3(2) and all the criteria set out in Article 4(1) and (2);

               (b)

               appropriate information is available for them, including information which allows an appropriate assessment of the credit risks related to the investment in such instruments, taking into account paragraphs 2, 3 and 4 of this Article;

               (c)

               they are freely transferable.

         2.   For money market instruments covered by the second and the fourth indents of Article 19(1)(h) of Directive 85/611/EEC, or for those which are issued by a local or regional authority of a Member State or by a public international body but are not guaranteed by a Member State or, in the case of a federal State which is a Member State, by one of the members making up the federation, appropriate information as referred to in point (b) of paragraph 1 of this Article shall consist in the following:

               (a)

               information on both the issue or the issuance programme and the legal and financial situation of the issuer prior to the issue of the money market instrument;

               (b)

               updates of the information referred to in point (a) on a regular basis and whenever a significant event occurs;

               (c)

               the information referred to in point (a), verified by appropriately qualified third parties not subject to instructions from the issuer;

               (d)

               available and reliable statistics on the issue or the issuance programme.

         3.   For money market instruments covered by the third indent of Article 19(1)(h) of Directive 85/611/EEC, appropriate information as referred to in point (b) of paragraph 1 of this Article shall consist in the following:

               (a)

               information on the issue or the issuance programme or on the legal and financial situation of the issuer prior to the issue of the money market instrument;

               (b)

               updates of the information referred to in point (a) on a regular basis and whenever a significant event occurs;

               (c)

               available and reliable statistics on the issue or the issuance programme or other data enabling an appropriate assessment of the credit risks related to the investment in such instruments.

         4.   For all money market instruments covered by the first indent of Article 19(1)(h) of Directive 85/611/EEC except those referred to in paragraph 2 of this Article and those issued by the European Central Bank or by a central bank from a Member State, appropriate information as referred to in point (b) of paragraph 1 of this Article shall consist in information on the issue or the issuance programme or on the legal and financial situation of the issuer prior to the issue of the money market instrument.
   Article 6

      Article 19(1)(h) of Directive 85/611/EEC

   Establishment which is subject to and complies with prudential rules considered by the competent authorities to be at least as stringent as those laid down by Community law
   The reference in the third indent of Article 19(1)(h) of Directive 85/611/EEC to an establishment which is subject to and complies with prudential rules considered by the competent authorities to be at least as stringent as those laid down by Community law shall be understood as a reference to an issuer which is subject to and complies with prudential rules and fulfils one of the following criteria:

               1.

               it is located in the European Economic Area;

               2.

               it is located in the OECD countries belonging to the Group of Ten;

               3.

               it has at least investment grade rating;

               4.

               it can be demonstrated on the basis of an in-depth analysis of the issuer that the prudential rules applicable to that issuer are at least as stringent as those laid down by Community law.

         Article 7

      Article 19(1)(h) of Directive 85/611/EEC

   Securitisation vehicles which benefit from a banking liquidity line
   1.   The reference in the fourth indent of Article 19(1)(h) of Directive 85/611/EEC to securitisation vehicles shall be understood as a reference to structures, whether in corporate, trust or contractual form, set up for the purpose of securitisation operations.
   2.   The reference in the fourth indent of Article 19(1)(h) of Directive 85/611/EEC to banking liquidity lines shall be understood as a reference to banking facilities secured by a financial institution which itself complies with the third indent of Article 19(1)(h) of Directive 85/611/EEC.
   Article 8

      Articles 1(2) and 19(1)(g) of Directive 85/611/EEC

   Liquid financial assets with respect to financial derivative instruments
   1.   The reference in Article 1(2) of Directive 85/611/EEC to liquid financial assets shall be understood, with respect to financial derivative instruments, as a reference to financial derivative instruments which fulfil the following criteria:

               (a)

               their underlyings consist in one or more of the following:

                           (i)

                           assets as listed in Article 19(1) of Directive 85/611/EEC including financial instruments having one or several characteristics of those assets;

                           (ii)

                           interest rates;

                           (iii)

                           foreign exchange rates or currencies;

                           (iv)

                           financial indices;

               (b)

               in the case of OTC derivatives, they comply with the conditions set out in the second and third indents of Article 19(1)(g) of Directive 85/611/EEC.

         2.   Financial derivative instruments as referred to in Article 19(1)(g) of Directive 85/611/EEC shall be taken to include instruments which fulfil the following criteria:

               (a)

               they allow the transfer of the credit risk of an asset as referred to in point (a) of paragraph 1 of this Article independently from the other risks associated with that asset;

               (b)

               they do not result in the delivery or in the transfer, including in the form of cash, of assets other than those referred to in Article 19(1) and (2) of Directive 85/611/EEC;

               (c)

               they comply with the criteria for OTC-derivatives laid down in the second and third indents of Article 19(1)(g) of Directive 85/611/EEC and in paragraphs 3 and 4 of this Article;

               (d)

               their risks are adequately captured by the risk management process of the UCITS, and by its internal control mechanisms in the case of risks of asymmetry of information between the UCITS and the counterparty to the credit derivative resulting from potential access of the counterparty to non-public information on firms the assets of which are used as underlyings by credit derivatives.

         3.   For the purposes of the third indent of Article 19(1)(g) of Directive 85/611/EEC, the reference to fair value shall be understood as a reference to the amount for which an asset could be exchanged, or a liability settled, between knowledgeable, willing parties in an arm’s length transaction.
   4.   For the purposes of the third indent of Article 19(1)(g) of Directive 85/611/EEC, the reference to reliable and verifiable valuation shall be understood as a reference to a valuation, by the UCITS, corresponding to the fair value as referred to in paragraph 3 of this Article, which does not rely only on market quotations by the counterparty and which fulfils the following criteria:

               (a)

               the basis for the valuation is either a reliable up-to-date market value of the instrument, or, if such a value is not available, a pricing model using an adequate recognised methodology;

               (b)

               verification of the valuation is carried out by one of the following:

                           (i)

                           an appropriate third party which is independent from the counterparty of the OTC-derivative, at an adequate frequency and in such a way that the UCITS is able to check it;

                           (ii)

                           a unit within the UCITS which is independent from the department in charge of managing the assets and which is adequately equipped for such purpose.

         5.   The reference in Articles 1(2) and 19(1)(g) of Directive 85/611/EEC to liquid financial assets shall be understood as excluding derivatives on commodities.
   Article 9

      Article 19(1)(g) of Directive 85/611/EEC

   Financial indices
   1.   The reference in point (g) of Article 19(1) of Directive 85/611/EEC to financial indices shall be understood as a reference to indices which fulfil the following criteria:

               (a)

               they are sufficiently diversified, in that the following criteria are fulfilled:

                           (i)

                           the index is composed in such a way that price movements or trading activities regarding one component do not unduly influence the performance of the whole index;

                           (ii)

                           where the index is composed of assets referred to in Article 19(1) of Directive 85/611/EEC, its composition is at least diversified in accordance with Article 22a of that Directive;

                           (iii)

                           where the index is composed of assets other than those referred to in Article 19(1) of Directive 85/611/EEC, it is diversified in a way which is equivalent to that provided for in Article 22a of that Directive;

               (b)

               they represent an adequate benchmark for the market to which they refer, in that the following criteria are fulfilled:

                           (i)

                           the index measures the performance of a representative group of underlyings in a relevant and appropriate way;

                           (ii)

                           the index is revised or rebalanced periodically to ensure that it continues to reflect the markets to which it refers following criteria which are publicly available;

                           (iii)

                           the underlyings are sufficiently liquid, which allows users to replicate the index, if necessary;

               (c)

               they are published in an appropriate manner, in that the following criteria are fulfilled:

                           (i)

                           their publication process relies on sound procedures to collect prices and to calculate and to subsequently publish the index value, including pricing procedures for components where a market price is not available;

                           (ii)

                           material information on matters such as index calculation, rebalancing methodologies, index changes or any operational difficulties in providing timely or accurate information is provided on a wide and timely basis.

         2.   Where the composition of assets which are used as underlyings by financial derivatives in accordance with Article 19(1) of Directive 85/611/EEC does not fulfil the criteria set out in paragraph 1 of this Article, those financial derivatives shall, where they comply with the criteria set out in Article 8(1) of this Directive, be regarded as financial derivatives on a combination of the assets referred to in points (i), (ii) and (iii) of Article 8(1)(a).
   Article 10

      Article 21(3) of Directive 85/611/EEC, fourth subparagraph

   Transferable securities and money market instruments embedding derivatives
   1.   The reference in the fourth subparagraph of Article 21(3) of Directive 85/611/EEC to transferable securities embedding a derivative shall be understood as a reference to financial instruments which fulfil the criteria set out in Article 2(1) of this Directive and which contain a component which fulfils the following criteria:

               (a)

               by virtue of that component some or all of the cash flows that otherwise would be required by the transferable security which functions as host contract can be modified according to a specified interest rate, financial instrument price, foreign exchange rate, index of prices or rates, credit rating or credit index, or other variable, and therefore vary in a way similar to a stand-alone derivative;

               (b)

               its economic characteristics and risks are not closely related to the economic characteristics and risks of the host contract;

               (c)

               it has a significant impact on the risk profile and pricing of the transferable security.

         2.   Money market instruments which fulfil one of the criteria set out in Article 3(2) and all the criteria set out in Article 4(1) and (2) thereof and which contain a component which fulfils the criteria set out in paragraph 1 of this Article shall be regarded as money market instruments embedding a derivative.
   3.   A transferable security or a money market instrument shall not be regarded as embedding a derivative where it contains a component which is contractually transferable independently of the transferable security or the money market instrument. Such a component shall be deemed to be a separate financial instrument.
   Article 11

      Article 21(2) of Directive 85/611/EEC

   Techniques and instruments for the purpose of efficient portfolio management
   1.   The reference in Article 21(2) of Directive 85/611/EEC to techniques and instruments which relate to transferable securities and which are used for the purpose of efficient portfolio management shall be understood as a reference to techniques and instruments which fulfil the following criteria:

               (a)

               they are economically appropriate in that they are realised in a cost-effective way;

               (b)

               they are entered into for one or more of the following specific aims:

                           (i)

                           reduction of risk;

                           (ii)

                           reduction of cost;

                           (iii)

                           generation of additional capital or income for the UCITS with a level of risk which is consistent with the risk profile of the UCITS and the risk diversification rules laid down in Article 22 of Directive 85/611/EEC;

               (c)

               their risks are adequately captured by the risk management process of the UCITS.

         2.   Techniques and instruments which comply with the criteria set out in paragraph 1 and which relate to money market instruments shall be regarded as techniques and instruments relating to money market instruments for the purpose of efficient portfolio management as referred to in Article 21(2) of Directive 85/611/EEC.
   Article 12

      Article 22a(1) of Directive 85/611/EEC

   Index replicating UCITS
   1.   The reference in Article 22a(1) of Directive 85/611/EEC to replicating the composition of a stock or debt securities index shall be understood as a reference to replication of the composition of the underlying assets of the index, including the use of derivatives or other techniques and instruments as referred to in Article 21(2) of Directive 85/611/EEC and Article 11 of this Directive.
   2.   The reference in the first indent of Article 22a(1) of Directive 85/611/EEC to an index whose composition is sufficiently diversified shall be understood as a reference to an index which complies with the risk diversification rules of Article 22a of that Directive.
   3.   The reference in the second indent of Article 22a(1) of Directive 85/611/EEC to an index which represents an adequate benchmark shall be understood as a reference to an index whose provider uses a recognised methodology which generally does not result in the exclusion of a major issuer of the market to which it refers.
   4.   The reference in the third indent of Article 22a(1) of Directive 85/611/EEC to an index which is published in an appropriate manner shall be understood as a reference to an index which fulfils the following criteria:

               (a)

               it is accessible to the public;

               (b)

               the index provider is independent from the index-replicating UCITS.

         Point (b) shall not preclude index providers and the UCITS forming part of the same economic group, provided that effective arrangements for the management of conflicts of interest are in place.
   Article 13
   Transposition
   1.   Member States shall adopt and publish, by 23 March 2008 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 23 July 2008.
   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 14
   Entry into force
   This Directive shall enter into force on the third day following its publication in the Official Journal of the European Union.
   Article 15
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 19 March 2007.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

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


title: Commission Directive 2009/94/EC of 31 July 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include boric acid as an active substance in Annex I thereto (Text with EEA relevance)

text:
               1.8.2009

               EN

               Official Journal of the European Union

               L 201/50

      COMMISSION DIRECTIVE 2009/94/EC
   of 31 July 2009
   amending Directive 98/8/EC of the European Parliament and of the Council to include boric acid as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes boric acid.

               (2)

               Pursuant to Regulation (EC) No 1451/2007, boric acid has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.

               (3)

               The Netherlands was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 7 July 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 20 February 2009, in an assessment report.

               (5)

               It appears from the examinations made that biocidal products used as wood preservatives and containing boric acid may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include boric acid in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing boric acid can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (6)

               However, unacceptable risks were identified for the in situ treatment of wood outdoors and for treated wood exposed to weathering. Therefore, authorisations for these uses should not be granted unless data have been submitted in order to demonstrate that the products can be used without unacceptable risks to the environment.

               (7)

               Not all potential uses have been evaluated at the Community level. It is therefore appropriate that Member States assess those risks to the compartments and populations that have not been representatively addressed in the Community level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks to acceptable levels.

               (8)

               In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing boric acid and used as wood preservatives. In particular, appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks to these compartments have been identified during the evaluation. Products should also be used with appropriate protective equipment if the risk identified for professional and industrial users cannot be reduced by other means.

               (9)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance boric acid and also to facilitate the proper operation of the biocidal products market in general.

               (10)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (11)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 8 containing boric acid to ensure that they comply with Directive 98/8/EC.

               (12)

               Directive 98/8/EC should therefore be amended accordingly.

               (13)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 31 August 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 September 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 31 July 2009.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1.

      (2)  OJ L 325, 11.12.2007, p. 3.

      ANNEX
      The following entry ‘No 22’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3)
                     (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘22

                     boric acid

                     boric acid
                     EC No: 233-139-2
                     CAS No: 10043-35-3

                     990 g/kg

                     1 September 2011

                     31 August 2013

                     31 August 2021

                     8

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, when relevant for the particular product, the populations that may be exposed to the product and the use or exposure scenarios that have not been representatively addressed at the Community level risk assessment.
                     When granting product authorisation, Member States shall assess the risks and subsequently ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks.
                     Product authorisation can only be granted where the application demonstrates that risks can be reduced to acceptable levels.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 1.

                                 Products authorised for industrial and professional use must be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial and/or professional users can be reduced to an acceptable level by other means.

                                 2.

                                 In view of the risks identified for the soil and aquatic compartments, products shall not be authorised for the in situ treatment of wood outdoors or for wood that will be exposed to weathering, unless data is submitted to demonstrate that the product will meet the requirements of Article 5 and Annex VI, if necessary by the application of appropriate risk mitigation measures. In particular, labels and/or safety-data sheets of products authorised for industrial use shall indicate that freshly treated timber must be stored after treatment under shelter and/or on impermeable hard standing to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm


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31997L0034

Commission Directive 97/34/EC of 6 June 1997 amending Council Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (Text with EEA relevance)

Official Journal L 158 , 17/06/1997 P. 0040 - 0040

COMMISSION DIRECTIVE 97/26/EC of 6 June 1997 amending Council Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (1), as last amended by Commission Directive 96/39/EC (2), and in particular Article 11 thereof,Whereas, for the purposes of Directive 93/75/EEC, Article 2 (f) specifies that the International Maritime Dangerous Goods Code (IMDG code) applicable for the purposes of the Directive is as in force on 1 January 1996;Whereas the IMDG code has been further amended by the Maritime Safety Committee at its 66th session; whereas the amendment No 28-1996 to the IMDG code entered into force on the 1 January 1997;Whereas it is appropriate to apply the said amendment for the purposes of the Directive;Whereas the provisions of this Directive are in line with the opinion of the Committee referred to in Article 12 of Directive 93/75/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 93/75/EEC is amended as follows:The expression 'in force on 1 January 1996` in Article 2 (f) shall be replaced by 'in force on 1 January 1997`.Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 September 1997. They shall immediately inform the Commission thereof.When these provisions are adopted by Member States, they shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. The procedure for making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.Article 3 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 6 June 1997.For the CommissionNeil KINNOCKMember of the Commission(1) OJ No L 247, 5. 10. 1993, p. 19.(2) OJ No L 196, 7. 8. 1996, p. 7.


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31990L0628

Commission Directive 90/628/EEC of 30 October 1990 adapting to technical progress Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles

Official Journal L 341 , 06/12/1990 P. 0001 - 0013 Finnish special edition: Chapter 13 Volume 20 P. 0003  Swedish special edition: Chapter 13 Volume 20 P. 0003

COMMISSION DIRECTIVEof 30  October 1990adapting to technical progress Council Directive 77/541/EEC on the approximation of  the laws of the Member States relating to safety belts and restraint systems of motor  vehicles(90/628/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of  the Member States relating to safety belts and restraint systems of motor vehicles (1), as last  amended by the Act of Accession of Spain and Portugal, and in particular Article 10 thereof, Whereas a comprehensive evaluation of Directive 77/541/EEC has shown that it is possible to improve  road safety further by applying practical experience and technological development and taking into  account the progress made in the Economic Community for Europe of the United Nations, notably in  Regulation No 16, by- inserting requirements for type-approval of 'harness belts` for special  vehicle types, - inserting requirements for type-approval of safety belts with preloaders, - specifying installation of appropriate safety belts for all seating positions in all motor  vehicle categories with minimal exemptions as necessary, - introducing a model for a document certifying the actual installation of safety belts in a  specific vehicle type to be approved, - introducing test requirements for height adjustment devices for belts, and- introducing more stringent requirements on the conformity of production; Whereas that experience shows that some existing definitions and requirements have to be adjusted  slightly; Whereas the protection of passengers, especially of passengers in buses and coaches, against  ejection in case of an accident must be improved and further modifications to the Directive should  be introduced for this purpose; Whereas everything should be done in order that these modifications can be applied by 31 December  1991 at the latest; Whereas the adoption of a Directive on the mandatory wearing of safety belts for all occupants of  vehicles of less then 3,5 tonnes should be linked to a further modification of the Directive aiming  to render mandatory the installation of three-point belts with retractors also for the rear  outboard seats of such vehicles; Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the  Adaptation to Technical Progress of the Directives on the removal of technical barriers to trade in  motor vehicles, HAS ADOPTED THIS DIRECTIVE: Article 1The Annexes to Directive 77/541/EEC are hereby amended in accordance  with the Annex to this Directive. Article 21.  With effect from 1 May 1991 no Member State may(a)  on grounds relating to safety  belts or restraint systems: - refuse, in respect of a type of vehicle, to grant EEC type-approval, or to issue the copy of the  certificate provided for in the last indent of Article 10 (1) of Council Directive 70/156/EEC (1),  or to grant national type-approval, or- prohibit the entry into service of vehiclesif the safety  belts or restraint systems of this type of vehicle or of these vehicles have been approved in  accordance with Directive 77/541/EEC, as amended by this Directive; (b)- refuse to grant EEC component type-approval in respect of a type of safety belt or restraint  system, intended for installation in a vehicle, which complies with the requirements of Directive  77/541/EEC, as amended by this Directive, - prohibit the placing on the market of such safety belts and restraint systems which bear the EEC  component type-approval marks prescribed in this Directive. 2.  With effect from 1 July 1992 Member States: (a)- shall no longer issue the copy of the certificate provided for in the last indent of Article  10 (1) of Directive 70/156/EEC in respect of a type of vehicle, - may refuse to grant national type-approval in respect of a type of vehicle, of which the safety belts or restraint systems have not been approved in accordance with Directive  77/541/EEC, as amended by this Directive; (b)- may refuse to grant EEC component type-approval in respect of a type of safety belt or  restraint system, intended for installation in a vehicle, which doesnot comply with the  requirements of Directive 77/541/EEC, as amended by this Directive. 3.  With effect from 1 July 1997 Member States: - may prohibit the entry into service of vehicles of which the safety belts or restraint system  have not been approved in accordance with Directive 77/541/EEC, as amended by this Directive, - may prohibit the placing on the market of safety belts and restraint systems, intended for  installation in a vehicle, which do not bear the EEC component type-approval marks prescribed in  the Directive. Article 3Member States shall implement the provisions necessary to comply with this Directive  before 1 May 1991. They shall forthwith inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by Member States. Article 4This Directive is addressed to the Member States. Done at Brussels, 30 October 1990. For the CommissionMartin BANGEMANNVice-President(1) OJ N° L 220, 29. 8.  1977, p. 95. (1) OJ N° L 42, 23. 2. 1970, p. 1.  ANNEX Annex I is amended as follows: 1.4. Item 1.4: add at the end: '. . . adjusting device, except in the case of a harness belt buckle`. Add the following new item 1.8.6: '1.8.6. "Belt adjustment device for height'` means a device enabling the position in height of the upper  loop of a belt to be adjusted according to the requirements of the individual wearer and the  position of the seat. Such a device may be considered as a part of the belt or a part of the  anchorage of the belt'. After item 1.12, a new item 1.12.1 is added: '1.12.1. A "front passenger seat'` means any seat where the "foremost H-point'' of the seat in question is  in or in front of the vertical transverse plane through the drivers R-point'. Add the following new item 1.22: '1.22. "Preloading device'` means an additional or integrated device which tightens the strap in order to  reduce the slack of the belt during a crash sequence'. Item 2.1.2.1: modify the first sentence as follows: '. . . drawings and, - in the case of retractors, installation instructions for the sensing device shall be provided. - for pre-loading devices or systems, a full technical description of the construction and function  including the sensing device, if any, describing the method of activation and any necessary method  to avoid inadvertent activation shall be provided. The drawings must show . . .`Add to item 2.1.2.1: 'If the belt is designed to be fixed to the vehicle structure through a belt adjustment device for  height, the technical description shall specify whether or not this device is considered as a part  of the belt;`Add a new item 2.1.4 to read as follows: 2.1.4. 'The competent authority shall verify the existence of satisfactory arrangements for ensuring  effective checks on conformity of production before type-approval is granted.`2.4.2.1. Item 2.4.2.1, modify the last sentence as follows: 'The parts of the buckle likely to contact the body of the wearer shall present a section of not  less than 20 cm$ and at least 46 mm in width, measured in a plane situated at a maximum distance of  2,5 mm from the contact surface. In the case of harness belt buckles, the latter requirement shall be regarded as satisfied if the  contact area of the buckle with the wearer`s body is comprised between 20 and 40 cm$.'Add at the  end of item 2.4.2.3, as amended by Directive 82/319/EEC, the following new sentence (1): 'In the case of harness belt buckles, this test may be carried out without all the tongues being  introduced.`Modify item 2.4.4 as follows: '2.4.4. Attachments and belt adjustment devices for heightThe attachments shall be tested for strength as  prescribed in items 2.7.6.1 and 2.7.6.2. The actual belt adjustment devices for height shall be  tested for strength as prescribed in item 2.7.6.2 of the present Directive where they have not been  tested on the vehicle in application of amended Directive 76/115/EEC relating to anchorages for  safety belts. These parts must not break or become detached under the tension set up by the  prescribed load.`Add the following new item 2.4.6: '2.4.6. Pre-loading device2.4.6.1. After being submitted to corrosion testing in accordance with item 2.7.2, the pre-loading device  (including the impact sensor connected to the device by the original plugs but without any current  passing through them) shall operate normally. 2.4.6.2. It shall be verified that inadvertent operation of the device does not involve any risk of bodily  injury for the wearer. 2.4.6.3. In the case of pyrotechnic pre-loading devices: 2.4.6.3.1. After being submitted to conditioning in accordance with item 2.7.10.2, operation of the  pre-loading device must not have been activated by temperature and the device shall operate  normally. 2.4.6.3.2. Precautions shall be taken to prevent the hot gases expelled from igniting adjacent flammable  materials.`2.6.1.2. Item 2.6.1.2, add at the end: 'In the case of safety belts with retractors, the retractor shall have been subjected to the dust  resistance test laid down in item 2.7.7.3; in addition, in the case of safety belts or restraint  system equipped with a pre-loading device comprising pyrotechnic means, the device shall have been  subjected to the conditioning specified in item 2.7.10.2.`Add the following new item 2.6.1.2.3: '2.6.1.2.3. In the case of a belt intended for use with a belt adjustment device for height, as defined in item  1.8.6 above, the test shall be carried out with the device adjusted in the most unfavourable  position(s) chosen by the technical service responsible for testing. However if the adjustment  device for height consists of the anchorage itself, as permitted by Directive 76/115/EEC, the  technical service responsible for the tests can, if it so wishes, apply the provisions of item  2.7.8.1 hereafter.`Add the following new item 2.6.1.2.4: '2.6.1.2.4. In the case of a safety belt with pre-loading device, one of the dynamic tests shall be carried out  with the device in operation and the other with the device not in use. In the first case: 2.6.1.2.4.1. During the test the minimum displacements specified in item 2.6.1.3.2. above, may be reduced by  half. 2.6.1.2.4.2. After the test, the force measured as indicated in item 2.7.10.1 shall not exceed 100  daN.`2.6.1.3.2. Item 2.6.1.3.2, add after the first sentence: 'In case of a harness belt the minimum displacement specified for the pelvis may be reduced by  half.` (remainder unchanged). Item 2.7.6.1. After the first sentence of item 2.7.6.1., as amended by Directive 82/319/EEC, add a new sentence  to read: 'In the case of harness belts, the buckle shall be connected to the testing apparatus by the straps  which are attached to the buckle and the tongue or two tongues located in an approximately  symmetrical way to the geometric centre of the buckle.`The rest of the paragraph is unchanged. Item 2.7.6.2, amend to read: '2.7.6.2. The attachments and any belt adjustment devices for height shall be tested in the manner . . . with  the strap completely unwound from the reel.`Item 2.7.7.2.2, amend the second sentence as follows: 'The design of any such test apparatus shall ensure that the required acceleration is achieved  before the webbing is drawn out of the retractor by more than 5 mm and that the withdrawal takes  place at an average rate of increase of acceleration of at least 25 g/s and not more than 150  g/s.`Item 2.7.8.1, add at the end the following new sentences: 'In that case, when the dynamic test has been carried out for a type of vehicle it need not be  repeated for other types of vehicle where each anchorage point is less than 50 mm distant from the  corresponding anchorage point of the tested belt. Alternatively, manufacturers may determine  hypothetical anchorage position for testing in order to enclose the maximum number of real  anchorage points. If the belt is equipped with a belt adjustment device for height such as defined  in 1.8.6 above, the position of the device and the means of securing it shall be the same as those  of the vehicle design.`Correct the fifth line of the existing item 2.7.8.1 (English text) to  read: ' . . .or with the data supplied by the manufacturer . . .`Modify item 2.7.8.1.1 to add the  following two sentences at the beginning: 'In the case of a safety belt or restraint system with pre-loading devices relying on component  parts other than those incorporated in the belt assembly itself, the belt assembly shall be mounted  in conjunction with the necessary additional vehicle parts on the test trolley in the manner  prescribed in items 2.7.8.1.2 to 2.7.8.1.6. Alternatively, in the case where those devices cannot be tested on the test trolley, the  manufacturer may demonstrate by a conventional frontal impact test at 50 km/h in conformity with  ISO procedure 3560 (1975/11/01 - Road vehicles - Frontal fixed barrier collision test method) that  the device complies with the requirements of the Directive.`Item 2.7.9.2. Amend the second  sentence of item 2.7.9.2, as amended by Directive 82/319/EEC, to read: 'A load shall be applied to the buckle by direct traction via the straps tied to it so that all the  straps are subjected to the force of 60/n daN; "n'` is the number of straps linked to the buckle  when it is in a locked position, its minimum is deemed to be 2.'Add the following new item  2.7.10: '2.7.10. Additional tests on safety belts with pre-loading devices2.7.10.1. The pre-loading force shall be measured in less than four seconds after the impact as close as  possible to the contact point with the manikin on the free length of the strap between the manikin  and the pre-loading device or sash guide, if any, the manikin having been replaced in its  originally seated position if necessary. 2.7.10.2. ConditioningThe pre-loading device may be separated from the safety belt to be tested and kept for  24 hours at a temperature of 60 p 5 gC. The temperature shall then raised to 100 p 5 gC for two  hours. Subsequently it shall be kept for 24 hours at a temperature of  30 p 5 gC. After being  removed from conditioning, the device shall warm up to ambient temperature. If it has been  separated it shall be fitted again to the safety belt.`Renumber item 2.8 to read: '2.8. Conformity of production2.8.1. Any safety belt or restraint system approved under this Directive shall be so manufactured as to  conform to the type approved by meeting the requirements set forth in 2.3, 2.4, 2.5, 2.6 and 2.7  above. 2.8.2. In order to verify that the requirements of item 2.8.1 are met, suitable controls of the production  shall be carried out. 2.8.3. The holder of the approval shall in particular: 2.8.3.1. Ensure existence of procedures for the effective control of the quality of products; 2.8.3.2. Have access to the control equipment necessary for checking the conformity of each approved type; 2.8.3.3. Ensure that data of test results are recorded and that annexed documents remain available for a  period to be determined in accordance with the administrative service; 2.8.3.4. Analyse the results of each type of test, in order to verify and ensure the stability of the safety  belt or restraint system characteristics, making allowance for variation of an industrial  production; 2.8.3.5. Ensure that, for each type of safety belt or restraint system, at least the tests prescribed in  Annex XVI are carried out; 2.8.3.6. Ensure that any samples or test pieces giving evidence of non-conformity with the type of test  considered shall give rise to another sampling and another test. All the necessary steps shall be  taken to re-establish the conformity of the corresponding production. 2.8.4. The competent authority which has granted type-approval may at any time verify the conformity  control methods applicable to each production unit. 2.8.4.1. In every inspection, the test books and production survey records shall be presented to the  visiting inspector. 2.8.4.2. The inspector may take samples at random which will be tested in the manufacturer`s laboratory. The  minimum number of samples may be determined according to the results of the manufacturer's own  verification. 2.8.4.3. When the quality level appears unsatisfactory, or when it seems necessary to verify the validity of  the tests carried out in application of item 2.8.4.2, the inspector shall select samples to be sent  to the technical service which has conducted the type-approval tests. 2.8.4.4. The competent authority may carry out any test prescribed in this Directive. 2.8.4.5. The normal frequency of inspections authorized by the competent authority shall be two per year. In  the case where negative results are recorded during one of these inspections, the competent  authority shall ensure that all necessary steps are taken to re-establish the conformity of  production as rapidly as possible.'Items 3.1 to 3.1.5 are replaced by the following: '3.1. Vehicle equipment (1)3.1.1. Any vehicle covered by Article 9, in categories M and N (except those vehicles which include places  specially designed for standing passengers in categories M2 over 3,5 t and M3 must be equipped with  safety belts or restraint systems which satisfy the requirements of this Directive. 3.1.2. The types of safety belts or restraint systems for each seating position where installation is  required shall be those specified in Annex XV (with which neither non-locking retractors (1.8.1)  nor manually unlocking retractors (1.8.2) can be used). For all seating positions where lap belts  type B are specified in Annex XV lap belts type Br3 are permitted except in the case that, in use,  they retract to such an extent as to reduce comfort in a notable way after normal buckling up. 3.1.3. However, for outboard seating positions, other than front, of vehicles of the category M1 shown in  Annex XV and marked with the symbol o, the installation of a lap belt of the type B, Br3 or Br4m is  allowed, where there exists a passage between a seat and the nearest side wall of the vehicle  intended to permit access of passengers to other parts of the vehicle. A space between a seat and  the side wall is considered as a passage, if the distance between that side wall, with all doors  closed, and a vertical longitudinal plane passing throw the centreline of the seat concerned -  measured at the R-point position and perpendicularly to the median longitudinal plane of the  vehicle - is more than 500 mm. 3.1.4. Where no safety belts are required any type of safety belt or restraint system conforming to this  Directive may be provided at the choice of the manufacturer. A-type belts of the types permitted in  Annex XV may be provided as an alternative to lap belts for those seating positions where lap belts  are specified in Annex XV. 3.1.5. On three point belts fitted with retractors, one retractor must operate at least on the diagonal  strap. 3.1.6. Except for vehicles of category M1 an emergency locking retractor of type 4N (1.8.5) may be  permitted instead of a retractor of type 4 (1.8.4) where it has been shown to the satisfaction of  the services responsible for the tests that the fitting of a type 4 retractor would not be  practical. 3.1.7. For the front outboard and front centre seating positions shown in Annex XV and marked with the  symbol *, lap belts of the type specified on that Annex shall be considered adequate where the  windscreen is located outside the reference zone defined in Annex II to Directive 74/60/EEC. As regards safety belts, the windscreen is considered as part of the reference zone when it is  capable of entering into static contact with the test apparatus according to the method described  in Annex II to Directive 74/60/EEC. 3.1.8. For all seating positions in Annex XV marked with the symbol ll=, lap belts of the types specified  in Annex XV must be provided where an "exposed seating position'` as defined in 3.1.9 exists. 3.1.9. An "exposed seating position'' is one where there is no "protective screen'' in front of the seat  within the following defined space: - between two horizontal planes, one through the H-point and the other 400 mm above it, - between two vertical longitudinal planes which are symmetrical in relation to the H-point and are  400 mm apart, - behind a transverse vertical plane 1,30 m from the H-point. For the purpose of this requirement "protective screen'' means a surface of suitable strength and  showing no discontinuities such that, if a sphere of 165 mm diameter is geometrically projected in  a longitudinal horizontal direction through any point of the space defined above and through the  centre of the sphere, nowhere in the protective screen is there any aperture through which the  geometrical projection of the sphere could be passed. A seat is considered to be an "exposed seating position'', if the protective screens within the  space defined above have a combined surface area of less than 800 cm$.'After item 3.2.2.3, a new  item 3.2.2.4 is added: '3.2.2.4. The design and installation of every safety belt provided for each seating position shall be such  as to be readily available for use. Furthermore, where the complete seat or the seat cushion and/or  the seat back can be folded to permit access to the rear of the vehicle or to carry goods or  luggage, after folding and restoring those seats to the seating position, the safety belts provided  for those seats shall be accessible for use or can be easily recovered from under or behind the  seat by one person, according to instructions in the vehicle users handbook, without the need for  that person to have training or practice.`Item 3.3.2, the fourth sentence is amended as follows: 'In the case of safety belts or restraint systems for front outboard seating positions, except if  these are harness belts, the buckle shall also be capable of being locked in the same manner.`The  last sentence of item 3.3.2 is replaced by the following: 'A check shall be made to ensure that if the buckle is in contact with the wearer, the contact  surface satisfies the requirements of 2.4.2.1 of this Annex.`Annex II, item 1, add: . . ./device for height adjustment of the upper loop In Annex II after the type approval  certificate the following model document shall be added: Appendix 1MODEL DOCUMENTINSTALLATION OF SEAT BELTS AND RESTRAINT SYSTEMS(Maximum format A  4)Name of Administration issuing notification . Notification concerning an evaluation of the installation of seat belts or restraint systems in a  vehicle in accordance with item 3 to Annex I to Directive 77/541/EEC, as amended by Directives  81/576/EEC, 82/319/EEC and 90/628/EEC. This notification is a summary of the main features of the installation and states whether the  administration considered it to be satisfactory, unsatisfactory or no longer satisfactory. Notification reference number .  1. Trade name or mark of the motor vehicle .  2. Vehicle type and category .  3. Name and address of manufacturer . .  4. If applicable, name and address of his representative . .  5. Description on the seat belts or restraint systems. This shall include the following:  5.1.Seat beltsMake . Basic approval number . Position on vehicle .  5.2. Seat belt anchoragesBasic approval number .  5.3. Seats and their anchoragesBasic approval number .  6. Vehicle submitted for evaluation on .  7. Technical service conducting the inspection . .  8. Date of report issued by that service .  9. Number of report issued by that service . 10. The installation is considered to be satisfactory/unsatisfactory/no longer satisfactory (1) in  terms of 3.1 to 3.3.4 of Annex I11. Place . 12. Date . 13. The following documents, relating to this notification, can be obtained if specially requested:  approval reports, photographs and/or sketches for the item listed at 5.1, 5.2 and 5.3. 14. Signature: . Annex III is amended as follows: Item 1.1.1: - add: '9  for Spain21for Portugal`- replace the letters 'GR` by 'EL`. Add a new item 1.1.3.2.3 as follows: '1.1.3.2.3. the letter ''p'` in the case of a safety belt with a pre-loading device'. Annex VII is amended as follows: Item 3: add to the first paragraph the following new sentence: 'The tolerance on the position of the anchorage points is such that each anchorage point shall be  situated at most at 50 mm from corresponding A, B and K indicated in figure 1, or A1, B1 and K, as  the casemay be.`Add the following item 3.1: '3.1.  In the case of a belt equipped with a belt adjustment device for height as defined in 1.8.6  of this Directive, this device shall be secured either to a rigid frame, or to a part of the  vehicle on which it is normally mounted which shall be securely fixed on the test trolley.`Figure  1 is replaced by the following figure: >START OF GRAPHIC><?aa8K>Figure 1<?aeFN6><?aa8N>TROLLEY, SEAT, ANCHORAGE<?aePD8><?aeJA-2><?aeAD>C  1CC 2725CC 1CC 2125125<?aeAE><?aa8N>Stainless steel plate(without  painting)Dimensions in mmTolerances ± 5 mm>END OF GRAPHIC>*oell=Annex X is amended as  follows: Modify item 2 (g) to add at the end: '. . . or, when a seat belt is equipped with a pre-loading  device, when the latter has been activated`. Add the following new Annexes XV and XVIANNEX XVSAFETY BELT INSTALLATION SHOWING THE BELT TYPES  AND RETRACTOR TYPES>TABLE>ANNEX XVICONTROL OF CONFORMITY OF PRODUCTION1. TESTSSafety belts shall be required to demonstrate compliance with the requirements on which the  following tests are based: 1.1. Verification of the locking threshold and durability of emergency locking retractorsAccording to  the provisions of item 2.7.7.2, in the most unfavourable direction as appropriate after having  undergone the durability testing detailed in items 2.7.2, 2.7.7.1 and 2.7.7.3, as a requirement of  item 2.4.5.2.5. 1.2. Verification of the durability of automatically locking retractorsAccording to the provisions of  item 2.7.7.1, supplemented by the tests in items 2.7.2 and 2.7.7.3, as a requirement of 2.4.5.1.3. 1.3. Test for strength of straps after conditioningAccording to the procedure described in item 2.7.5,  after conditioning according to the requirements of items 2.7.3.1 to 2.7.3.5. 1.3.1. Test for strength of straps after abrasionAccording to the procedure described in item 2.7.5,  after conditioning according to the requirements described in item 2.7.3.6. 1.4. Microslip testAccording to the procedure described in item 2.7.4. 1.5. Test of the rigid partsAccording to the procedure described in item 2.7.6. 1.6. Verification of the performance requirements of the safety belt or restraint system when subjected  to the dynamic test1.6.1. Tests with conditioning1.6.1.1. Belts or restraint systems fitted with an emergency locking retractor: according to the provisions  set out in items 2.7.8 and 2.7.9, using a belt which was previously been subjected to 45 000 cycles  of the endurance test of the retractor prescribed in item 2.7.7.1 and to the tests defined in items  2.4.2.3, 2.7.2 and 2.7.7.3. 1.6.1.2. Belts or restraint systems fitted with an automatically-locking retractor: according to the  provisions set out in items 2.7.8 and 2.7.9, using a belt which has previously been subjected to 10  000 cycles of the endurance test of the retractor prescribed in item 2.7.7.1 and also to the tests  prescribed in items 2.4.2.3, 2.7.2 and 2.7.7.3. 1.6.1.3. Static belt: according to the provisions set out in items 2.7.8 and 2.7.9, on a safety belt which  has been subjected to the test prescribed in items 2.4.2.3 and 2.7.2. 1.6.2. Test without any conditioningAccording to the provisions set out in items 2.7.8 and 2.7.9. 2. TEST FREQUENCY AND RESULTS2.1. The frequency of testing to the requirements of items 1.1 to 1.5 shall be on a statistically  controlled and random basis in accordance with one of the regular quality assurance procedures. 2.1.1. Furthermore, in the case of emergency locking retractors, all assemblies shall be checked: 2.1.1.1. either according to the provisions set out in items 2.7.7.2.1 and 2.7.7.2.2, in the most  unfavourable direction, as specified in item 2.7.7.2.1.2. Test results shall meet the requirements  of items 2.4.5.2.1.1 and 2.4.5.2.3. 2.1.1.2. or according to the provisions set out in item 2.7.7.2.3, in the most unfavourable direction.  Nevertheless, the speed of inclination can be more than the prescribed speed in so far as it does  not affect the test results. Test results shall meet the requirements of item 2.4.5.2.1.4. 2.2. In the case of verification of compliance with the dynamic test according to item 1.6 of this  Annex, this shall be carried out with a minimum frequency of: 2.2.1. Tests with conditioning2.2.1.1. In the case of belts fitted with an emergency locking retractor, - where the daily production is greater than 1 000 belts: one in 100 000 belts produced, with a  minimum frequency of one every two weeks, - where the daily production is smaller than or equal to 1 000 belts: one in 10 000 belts produced,  with a minimum frequency on one per year, per sort of locking mechanism (1), shall be subjected to the test prescribed in item 1.6.1.1 of  this Annex. 2.2.1.2. In the case of belts fitted with an automatically-locking retractor and of static belts, - where the daily production is greater than 1 000 belts: one in 100 000 belts produced, with a  minimum frequency of one every two weeks, - where the daily production is smaller than or equal to 1 000 belts: one in 10 000 belts produced,  with a minimum frequency of one per year, shall be subjected to the test prescribed in item 1.6.1.2 or 1.6.1.3 of this Annex respectively. 2.2.2. Tests without conditioning2.2.2.1. In the case of belts fitted with an emergency locking retractor, the following number of samples  shall be subjected to the test prescribed in item 1.6.2 of this Annex: 2.2.2.1.1. for a production of not less than 5 000 belts per day, two belts per 25 000 produced with a minimum  frequency of one per day, per sort of locking mechanism; 2.2.2.1.2. for a production of less than 5 000 belts per day, one belt per 5 000 produced with a minimum  frequency of one per year, per sort of locking mechanism. 2.2.2.2. In the case of belts fitted with an automatically locking retractor and of static belts, the  following number of samples shall be subjected to the test prescribed in item 1.6.2 of this Annex: 2.2.2.2.1. for a production of not less than 5 000 belts per day, two belts per 25 000 produced with a minimum  frequency of one per day, per approved type, 2.2.2.2.2. for a production of less than 5 000 belts per day, one belt per 5 000 produced with a minimum  frequency of one per year, per approved type. 2.2.3. ResultsTest results shall meet the requirements set out in item 2.6.1.3.1 of Annex I. The forward displacement of the manikin may be controlled with regard to item 2.6.1.3.2 of Annex I  (or item 2.6.1.4 where applicable) during a test performed with conditioning according to item  1.6.1 of this Annex by means of a simplified adapted method. 2.3. Where a test sample fails a particular test to which it has been subjected, a further test to the  same requirements shall be carried out on at least three other samples. In the case of dynamic  tests if one of the latter fails the test, the holder of the approval or his duly accredited  representative shall notify the competent authority which has granted type approval indicating what  steps have been taken to re-establish the conformity of production.'(1) OJ N° L 139,  19. 5. 1982, p. 17. (1) In addition to the requirements of 3.1, Member States may, under national law, accept other  types of safety belts or restraint systems covered by this Directive for certain vehicle types. (1). (1) Strike out what does not apply. (1) For the purposes of this Annex "sort of locking mechanism'' means all emergency locking  retractors whose mechanisms differ only in the lead angle(s) of the sensing device to the vehicle's  reference axis system.


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31993L0019

Council Directive 93/19/EEC of 19 April 1993 amending Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, and Directive 91/683/EEC

Official Journal L 096 , 22/04/1993 P. 0033 - 0034 Finnish special edition: Chapter 3 Volume 49 P. 0115  Swedish special edition: Chapter 3 Volume 49 P. 0115

COUNCIL DIRECTIVE 93/19/EEC of 19 April 1993 amending Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, and  Directive 91/683/EECTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic 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 Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (4), established, in particular by  the amendments made to it by Directive 91/683/EEC (5), the plant health regime applicable in the Community as an area without internal frontiers;  Whereas some of its provisions should have been brought into force on 1 January 1993; whereas, according to Article 3 of Directive 91/683/EEC, other provisions should be brought into force six months after the revision of Annexes I to V;  Whereas it is essential to provide for appropriate legal security and to ensure that all the provisions are implemented at the earliest possible date, without prejudice to the coming into force of those ensuring on area without internal frontiers,  within the meaning of Article 8a of the Treaty;  Whereas a single date of implementation should be fixed,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The dates referred to in Articles 1 (5), 3 (4), 4 (2) (a) and (4), 5 (2) and (4), 6 (4), (5) and (9), 10 (1), (2) (a), (2) (b) and (5) and 12 (6), (7) and (8) of Directive 77/93/EEC are hereby replaced by 1 June 1993.  Article 2  The first sentence of Article 3 (1) of Directive 91/683/EEC shall be replaced by the following:  'Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 June 1993.' Article 3  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 June 1993. 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 methods of making such a reference shall be laid down by the Member  States.  2. Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.  Article 4  This Directive is addressed to the Member States.  Done at Luxembourg, 19 April 1993.  For the Council The President M. JELVED (1) OJ No C 15, 21. 1. 1993, p. 3.  (2) Opinion delivered on 12 March 1993 (not yet published in the Official Journal).  (3) Opinion delivered on 24 February 1993 (not yet published in the Official Journal).  (4) OJ No L 26, 31. 1. 1977, p. 20. Directive as last amended by Directive 92/103/EEC (OJ No L 363, 11. 12. 1992, p. 1).  (5) OJ No L 376, 31. 12. 1991, p. 26.


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32000L0022

Commission Directive 2000/22/EC of 28 April 2000 adapting to technical progress Council Directive 87/402/EEC on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (Text with EEA relevance)

Official Journal L 107 , 04/05/2000 P. 0026 - 0027

Commission Directive 2000/22/ECof 28 April 2000adapting to technical progress Council Directive 87/402/EEC on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors(1), as last amended by Commission Directive 2000/2/EC(2), and in particular Article 11 thereof,Having regard to Council Directive 87/402/EEC of 25 June 1987 on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 11 thereof,Whereas:(1) In order to improve safety, it is necessary to clarify the methods for testing protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors taking account of the wide range of equipment.(2) The methods for testing these structures should be harmonised with those laid down in Code 6 of the Organisation for Economic Cooperation and Development (OECD) on official tests of protection structures for agricultural tractors.(3) Directive 87/402/EEC should be amended accordingly.(4) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Article 12 of Directive 74/150/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Annexes I to V and VII to Directive 87/402/EEC are hereby amended in accordance with the Annex to this Directive.Article 21. From 1 July 2001, Member States may not:- refuse, for a type of tractor, to grant EC type-approval or issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC, or to grant national type-approval, or- prohibit the first entry into service of tractors,if those tractors comply with the requirements of Directive 87/402/EEC, as amended by this Directive.2. From 1 January 2002, Member States:- may no longer issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC for a type of tractor if it does not comply with the requirements of Directive 87/402/EEC, as amended by this Directive,- may refuse to grant national type-approval for a type of tractor if it does not comply with the requirements of Directive 87/402/EEC, as amended by this Directive.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2001 at the latest. They shall forthwith inform the Commission thereof.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 main provisions of national law that they adopt in the field covered by this Directive.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 28 April 2000.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 84, 28.3.1974, p. 10.(2) OJ L 21, 26.1.2000, p. 23.(3) OJ L 220, 8.8.1987, p. 1.ANNEXAnnexes I to V and VII to Directive 87/402/EEC are hereby amended as follows:1. In Annex I, point 1 is replaced by the following:"1. The requirements of point 1 of Code 6 of the OECD (Decision C(87) 53 final of 24 November 1987, as last amended on 3 March 1999), with the exception of point 1.1 shall be applied."2. Annex II is replaced by the following: "ANNEX IITECHNICAL REQUIREMENTSThe technical requirements for the EC component type-approval of roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural or forestry tractors shall be those set out in point 3 of Code 6 of the OECD (Decision C(87) 53 final of 24 November 1987, as last amended on 3 March 1999). These technical requirements shall not apply to the chapters of point 3 relating to the test bulletin, minor modifications and identifications."3. Annexes III, IV and V are deleted.4. In Annex VII, the first indent is replaced by the following: "- a rectangle surrounding the lower case letter "e" followed by the distinguishing number of the Member State which has granted the component type-approval:1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 5 for Sweden, 6 for Belgium, 9 for Spain, 11 for the United Kingdom, 12 for Austria, 13 for Luxembourg, 17 for Finland, 18 for Denmark, 21 for Portugal, 23 for Greece, 24 for Ireland,".