title: Commission Directive 2005/49/EC of 25 July 2005 amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles and Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers Text with EEA relevance

text:
               26.7.2005

               EN

               Official Journal of the European Union

               L 194/12

      COMMISSION DIRECTIVE 2005/49/EC
   of 25 July 2005
   amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles and Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), and in particular Article 13(2) thereof,
   Having regard to Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles (2), and in particular Article 4 thereof,
   Whereas:

               (1)

               Directive 72/245/EEC is one of the separate directives under the type-approval procedure established by Directive 70/156/EEC.

               (2)

               In order to improve safety of vehicles by encouraging development and deployment of technologies utilising automotive short-range radar equipment, the Commission has harmonised by Commission Decision 2004/545/EC of 8 July 2004 on the harmonisation of radio spectrum in the 79 GHz range for the use of automotive short-range radar equipment in the Community (3) and by Commission Decision 2005/50/EC of 17 January 2005 on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community (4), the use of two radio spectrum frequency bands.

               (3)

               The 79 GHz range radio spectrum band has been identified as the most suitable band for long-term development and deployment of automotive short-range radar. Accordingly Decision 2004/545/EC designated and made available for automotive short-range radar equipment the 79 GHz range radio spectrum band on a non-interference and non-protected basis. However, the technology in the 79 GHz range radio spectrum band is still under development and is not immediately available on a cost-effective basis.

               (4)

               The time-limited use of the 24 GHz range radio spectrum band for automotive short-range radars equipment has been permitted by Decision 2005/50/EC. The technology using this frequency band is available in the short-term at a reasonable cost, which will make it possible to quickly evaluate the effectiveness of the deployment of automotive short-range radar equipment as regards road safety. However, the use of radars of that technology has to be limited to avoid interference with other applications that use the 24 GHz range radio spectrum band.

               (5)

               Decision 2005/50/EC permits the use of 24 GHz radar equipment only when originally installed in new vehicles or when replacing one so installed and for a period ending 30 June 2013 at the latest. However, according to Article 5 of Decision 2005/50/EC, that date may be advanced.

               (6)

               In accordance with Decision 2005/50/EC, Member States have to set up a monitoring system aiming to quantify the number of vehicles equipped with 24 GHz short-range radars equipment registered in their territory. It is therefore necessary to provide Member States with the appropriate means to carry out this monitoring.

               (7)

               Directive 72/245/EEC should therefore be amended accordingly.

               (8)

               The amendments to Directive 72/245/EEC have an impact on Directive 70/156/EEC. It is therefore necessary to amend that directive accordingly.

               (9)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Amendment to Directive 72/245/EEC
   Directive 72/245/EEC is amended as follows:

               1.

               In Annex I, the following points are inserted after point 2.1.12.2:

                           ‘2.1.13.

                           “24 GHz short-range radar equipment” means a radar as defined in Article 2(2) of Commission Decision 2005/50/EC (5), and satisfying the performance requirements of Article 4 of that Decision.

                           2.1.14.

                           “79 GHz short-range radar equipment” means a radar as defined in Article 2(b) of Commission Decision 2004/545/EC (6), and satisfying the performance requirements of Article 3 of that Decision.

               2.

               In Annex II A, the following points are inserted after point 12.2.7:

                           ‘12.7.1.

                           vehicle equipped with a 24 GHz short-range radar equipment: Yes/No (strike out which is not applicable)

                           12.7.2.

                           vehicle equipped with a 79 GHz short-range radar equipment: Yes/No (strike out which is not applicable)’.

               3.

               In the appendix to Annex III A the following points are inserted after point 1.3:

                           ‘1.3.1.

                           vehicle equipped with a 24 GHz short-range radar equipment: Yes/No (strike out which is not applicable)

                           1.3.2.

                           vehicle equipped with a 79 GHz short-range radar equipment: Yes/No (strike out which is not applicable)’.

         Article 2
   Amendment to Directive 70/156/EEC
   Directive 70/156/EEC is amended as follows.

               1.

               In Annexes I and III, the following points are inserted after point 12.6.4:

                           ‘12.7.1.

                           vehicle equipped with a 24 GHz short-range radar equipment: Yes/No (strike out which is not applicable)

                           12.7.2.

                           vehicle equipped with a 79 GHz short-range radar equipment: Yes/No (strike out which is not applicable)’.

               2.

               In Annex IX on Side 2 of all models of the Certificate of conformity (COC), item 50 is replaced by the following:
               ‘50.   Remarks

                           50.1.

                           vehicle equipped with a 24 GHz short-range radar equipment: Yes/No (strike out which is not applicable)

                           50.2.

                           vehicle equipped with a 79 GHz short-range radar equipment: Yes/No (strike out which is not applicable)

                           50.3.

                           Other remarks … ’.

         Article 3
   Transitional provisions
   1.   With effect from 1 July 2006, if the provisions laid down in Directive 72/245/EEC, as amended by this Directive, are not fulfilled, Member States, on grounds related to electromagnetic compatibility:

               (a)

               shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive;

               (b)

               may refuse the registration, sale or entry into service of new vehicles.

         Existing approvals for vehicles not fitted with 24 GHz or 79 GHz short-range radar equipment remain unchanged.
   2.   With effect from 1 July 2013, Member States shall prohibit the registration, sale or entry into service of vehicles equipped with 24 GHz short-range radar equipment.
   3.   In case the reference date in Article 2(5) of Decision 2005/50/EC is modified in accordance with Article 5 of that Decision, Member States shall prohibit the registration, sale or entry into service of vehicles equipped with 24 GHz short-range radar equipment after the modified reference date.
   Article 4
   Transposition
   1.   Member States shall adopt and publish, by 30 June 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 July 2006.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such 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 texts of the main provisions of national law, which they adopt in the field governed by this Directive.
   Article 5
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 6
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 25 July 2005.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 42, 23.2.1970, p 1. Directive as last amended by Commission Directive 2004/104/EC (OJ L 337, 13.11.2004, p. 13).

      (2)  OJ L 152, 6.7.1972, p. 15. Directive as last amended by Directive 2004/104/EC.

      (3)  OJ L 241, 13.7.2004, p. 66.

      (4)  OJ L 21, 25.1.2005, p. 15.

      (5)  OJ L 21, 25.1.2005, p. 15.

      (6)  OJ L 241, 13.7.2004, p. 66.’


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31984L0442

Commission Directive 84/442/EEC of 26 July 1984 fixing standard rates of yield for certain inward processing operations and laying down certain rules for the calculation of import duties

Official Journal L 245 , 14/09/1984 P. 0001 - 0020 Spanish special edition: Chapter 02 Volume 11 P. 0074  Portuguese special edition Chapter 02 Volume 11 P. 0074

COMMISSION DIRECTIVE of 26 July 1984 fixing standard rates of yield for certain inward processing operations and laying down certain rules for the calculation of import duties (84/442/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 69/73/EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing (1), as last amended by Directive 83/89/EEC (2), and in particular Articles 12, 17 and 28 thereof,  Whereas Commission Directive 79/608/EEC (3), as last amended by Directive 83/579/EEC (4), fixes standard rates of yield for certain inward processing operations;  Whereas it is necessary to supplement the standard rates of yield previously fixed by specifying those of other compensating products obtained from different inward processing operations ; whereas it is also appropriate to amend certain of those rates, to fix standard rates of yield for other operations and to delete certain of those rates referring to operations which are no longer carried out;  Whereas the fixing of standard rates of yield implies also that losses possibly resulting from the processing or working of the goods should also be taken into account, that is that part of the goods to be processed which is destroyed and disappears during the process of manufacture ; whereas account must be taken of these losses at the time of calculating import duties in the case of entry for free circulation of compensating or intermediate products;  Whereas for reasons of clarity it is desirable to publish the provisions of Directive 79/608/EEC and all its amendments in a single text;  Whereas since there are, with the exception of cocoa, no longer provisions in force in the Member States corresponding to those contained in this Directive, Article 35 of Directive 69/73/EEC therefore becomes devoid of object as regards its reference to Article 12 of that Directive;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Customs Processing Arrangements,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive fixes, in column 5 of the Annex, the standard rates of yield which the competent authorities of each Member State must apply when inward processing operations concern goods listed in column 1 and result in the production of compensating products referred to in columns 3 and 4, on condition that the imported goods are of sound, genuine and merchantable quality and correspond to the standard quality where such quality has been fixed by Community rules.  (1) OJ No L 58, 8.3.1969, p. 1. (2) OJ No L 59, 5.3.1983, p. 1. (3) OJ No L 170, 9.7.1979, p. 5. (4) OJ No L 334, 29.11.1983, p. 23.   2. For the purposes of this Directive:    - "import duties" means not only customs dutiesand charges having equivalent effect but alsoagricultural levies and other import chargesprovided for under the common agriculturalpolicy or under specific arrangements applicableto certain goods resulting from the processingof agricultural products,       - "losses" means that part of the imported goodswhich was destroyed and has disappeared in theprocess of manufacture, notably by evaporation,desiccation, escape in the form of gas or dispersalin rinsing water.         3. The quantity of losses shall be the difference between the figure 100 and the sum of the quantities indicated in column 5 of the Annex.   Article 2 1. Where, at the time of application of the standard rates of yield provided for in Article 1, a Member State considers that, in specific cases, the conditions provided for in Article 12 of Directive 69/73/EEC, hereinafter referred to as the "basic Directive", are not satisfied, the Member State shall inform the Commission, which shall notify the Committee for Customs Processing Arrangements without delay.  2. Each Member State shall communicate to the Commission the cases where the standard rates of yield provided for in this Directive could not be applied because, although the processing operations concerned goods listed in column 1 of the Annex, they resulted in the production of compensating products other than those referred to in columns 3 and 4 resulting from the same stage of manufacture.  These cases shall be examined by the Committee provided for in paragraph 1.   Article 3 Where entry for free circulation of part of the compensating products or intermediate products is authorized and the import duties are calculated in accordance with Article 17 (a) or the first indent of Article 17 (b) of the basic Directive, such duties shall be collected also on the basis of losses calculated for the products entered for free circulation. However, when the entry for free circulation concerns intermediate or compensating products which benefit from the taxation provided for in Article 18 of the basic Directive, that part of the losses corresponding to those products shall not be taken into account for the collection of import duties.   Article 4 Directive 79/608/EEC is hereby repealed.   Article 5 The Member States shall take the measures necessary to comply with this Directive by 1 October 1984.  They shall immediately inform the Commission, which shall communicate this information to the other Member States.   Article 6 This Directive is addressed to the Member States.     Done at Brussels, 26 July 1984.  For the Commission  Karl-Heinz NARJES  Member of the Commission     ANNEX >PIC FILE= "T0026160""PIC FILE= "T0026161">    >PIC FILE= "T0026162">    >PIC FILE= "T0026163">    >PIC FILE= "T0026164">    >PIC FILE= "T0026165">    >PIC FILE= "T0026166">    >PIC FILE= "T0026167">    >PIC FILE= "T0026168">    >PIC FILE= "T0026169">    >PIC FILE= "T0026170">    >PIC FILE= "T0026171">    >PIC FILE= "T0026172">    >PIC FILE= "T0026173">    >PIC FILE= "T0026174">    >PIC FILE= "T0026175">    >PIC FILE= "T0026176">    >PIC FILE= "T0026177">


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31996L0062

Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management

Official Journal L 296 , 21/11/1996 P. 0055 - 0063

COUNCIL DIRECTIVE 96/62/EC of 27 September 1996 on ambient air quality assessment and management THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),Whereas the fifth action programme of 1992 on the environment, the general approach of which was endorsed by the Council and the Representatives of the Governments of the Member States, meeting within the Council, in their resolution 93/C 138/01 of 1 February 1993 (4), envisages amendments to existing legislation on air pollutants; whereas the said programme recommends the establishment of long-term air quality objectives;Whereas, in order to protect the environment as a whole and human health, concentrations of harmful air pollutants should be avoided, prevented or reduced and limit values and/or alert thresholds set for ambient air pollution levels;Whereas, in order to take into account the specific formation mechanisms of ozone, these limit values and alert thresholds may need to be complemented or replaced by target values;Whereas the numerical values for limit values, alert thresholds and, as regards ozone, target values and/or limit values and alert thresholds are to be based on the findings of work carried out by international scientific groups active in the field;Whereas the Commission is to carry out studies to analyse the effects of the combined action of various pollutants or sources of pollution and the effect of climate on the activity of the various pollutants examined in the context of this Directive;Whereas the ambient air quality needs to be assessed against limit values and/or alert thresholds, and, as regards ozone, target values and/or limit values taking into account the size of populations and ecosystems exposed to air pollution, as well as the environment;Whereas, in order for assessment of ambient air quality based on measurements made in Member States to be comparable, the location and number of sampling points and reference methods of measurement used should be specified when values are set for alert thresholds, limit values and target values;Whereas, to allow for the use of other techniques of estimation of ambient air quality besides direct measurement, it is necessary to define the criteria for use and required accuracy of these techniques;Whereas the general measures set up under this Directive have to be supplemented by others specific to individual substances covered;Whereas these specific measures need to be adopted as soon as possible in order to fulfil the overall objectives of this Directive;Whereas preliminary representative data on the levels of pollutants should be collected;Whereas, in order to protect the environment as a whole and human health, it is necessary that Member States take action when limit values are exceeded in order to comply with these values within the time fixed;Whereas the measures taken by Member States must take into account the requirements set by regulations concerning the operation of industrial installations in conformity with Community legislation in the field of integrated prevention and reduction of pollution when this legislation applies;Whereas, because these actions require time to be implemented and become effective, temporary margins of tolerance of the limit value may need to be set;Whereas areas may exist in Member States where pollution levels are greater than the limit value but within the allowed margin of tolerance; whereas the limit value must be complied with within the time specified;Whereas Member States must consult with one another if the level of a pollutant exceeds, or is likely to exceed, the limit value plus the margin of tolerance or, as the case may be, the alert threshold, following significant pollution originating in another Member State;Whereas the setting of alert thresholds at which precautionary measures should be taken will make it possible to limit the impact of pollution episodes on human health;Whereas, in zones and agglomerations where the levels of pollutants are below the limit values, Member States must endeavour to preserve the best ambient air quality compatible with sustainable development;Whereas, in order to facilitate the handling and comparison of data received, such data should be provided to the Commission in standardized form;Whereas the implementation of a wide and comprehensive policy of ambient air quality assessment and management needs to be based on strong technical and scientific grounds and permanent exchange of views between the Member States;Whereas there is a need to avoid increasing unnecessarily the amount of information to be transmitted by Member States; whereas the information gathered by the Commission pursuant to the implementation of this Directive is useful to the European Environment Agency (EEA) and may therefore be transmitted to it by the Commission;Whereas the adaptation of criteria and techniques used for the assessment of the ambient air quality to scientific and technical progress and the arrangements needed to exchange the information to be provided pursuant to this Directive may be desirable; whereas, in order to facilitate implementation of the work necessary to this end, a procedure should be set up to establish close cooperation between the Member States and the Commission within a committee;Whereas, in order to promote the reciprocal exchange of information between Member States and the EEA, the Commission, with the assistance of the EEA, is to publish a report on ambient air quality in the Community every three years;Whereas the substances already covered by Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates (5), Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air (6), Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide (7) and Council Directive 92/72/EEC of 21 September 1992 on air pollution by ozone (8) should be dealt with first,HAS ADOPTED THIS DIRECTIVE:Article 1 Objectives The general aim of this Directive is to define the basic principles of a common strategy to:- define and establish objectives for ambient air quality in the Community designed to avoid, prevent or reduce harmful effects on human health and the environment as a whole,- assess the ambient air quality in Member States on the basis of common methods and criteria,- obtain adequate information on ambient air quality and ensure that it is made available to the public, inter alia by means of alert thresholds,- maintain ambient air quality where it is good and improve it in other cases.Article 2 Definitions For the purposes of this Directive:1. 'ambient air` shall mean outdoor air in the troposphere, excluding work places;2. 'pollutant` shall mean any substance introduced directly or indirectly by man into the ambient air and likely to have harmful effects on human health and/or the environment as a whole;3. 'level` shall mean the concentration of a pollutant in ambient air or the deposition thereof on surfaces in a given time;4. 'assessment` shall mean any method used to measure, calculate, predict or estimate the level of a pollutant in the ambient air;5. 'limit value` shall mean a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health and/or the environment as a whole, to be attained within a given period and not to be exceeded once attained;6. 'target value` shall mean a level fixed with the aim of avoiding more long-term harmful effects on human health and/or the environment as a whole, to be attained where possible over a given period;7. 'alert threshold` shall mean a level beyond which there is a risk to human health from brief exposure and at which immediate steps shall be taken by the Member States as laid down in this Directive;8. 'margin of tolerance` shall mean the percentage of the limit value by which this value may be exceeded subject to the conditions laid down in this Directive;9. 'zone` shall mean part of their territory delimited by the Member States;10. 'agglomeration` shall mean a zone with a population concentration in excess of 250 000 inhabitants or, where the population concentration is 250 000 inhabitants or less, a population density per km² which for the Member States justifies the need for ambient air quality to be assessed and managed.Article 3 Implementation and responsibilities For the implementation of this Directive, the Member States shall designate at the appropriate levels the competent authorities and bodies responsible for:- implementation of this Directive,- assessment of ambient air quality,- approval of the measuring devices (methods, equipment, networks, laboratories),- ensuring accuracy of measurement by measuring devices and checking the maintenance of such accuracy by those devices, in particular by internal quality controls carried out in accordance, inter alia, with the requirements of European quality assurance standards,- analysis of assessment methods,- coordination on their territory of Community-wide quality assurance programmes organized by the Commission.When they supply it to the Commission, the Member States shall make the information referred to in the first subparagraph available to the public.Article 4 Setting of the limit values and alert thresholds for ambient air 1. For those pollutants listed in Annex I, the Commission shall submit to the Council proposals for the setting of limit values and, as appropriate, alert thresholds according to the following timetable:- no later than 31 December 1996 for pollutants 1 to 5,- in accordance with Article 8 of Directive 92/72/EEC for ozone,- no later than 31 December 1997 for pollutants 7 and 8,- as soon as possible, and no later than 31 December 1999, for pollutants 9 to 13.In fixing the limit values and, as appropriate, alert thresholds, account shall be taken, by way of example, of the factors laid down in Annex II.Regarding ozone, these proposals will take account of the specific formation mechanisms of this pollutant and, to this end, provision may be made for target values and/or limit values.If a target value fixed for ozone is exceeded, Member States shall inform the Commission of the measures taken in order to attain that value. On the basis of this information the Commission shall evaluate whether additional measures are necessary at Community level and, should the need arise, shall submit proposals to the Council.For other pollutants, the Commission shall submit to the Council proposals for fixing limit values and, as appropriate, alert thresholds if, on the basis of scientific progress and taking into account the criteria laid down in Annex III, it appears necessary to avoid, prevent or reduce the harmful effects of such pollutants on human health and/or the environment as a whole within the Community.2. The Commission shall be responsible, taking account of the most recent scientific-research data in the epidemiological and environmental fields concerned and of the most recent advances in metrology, for re-examining the elements on which the limit values and alert thresholds referred to in paragraph 1 are based.3. When limit values and alert thresholds are set, criteria and techniques shall be established for:(a) the measurement to be used in implementing the legislation referred to in paragraph 1:- the location of the sampling points,- the minimum number of sampling points,- the reference measurement and sampling techniques;(b) the use of other techniques for assessing ambient air quality, particularly modelling:- spatial resolution for modelling and objective assessment methods,- reference modelling techniques.These criteria and techniques shall be established in respect of each pollutant according to the size of agglomerations or to the levels of pollutants in the zones examined.4. To take into account the actual levels of a given pollutant when setting limit values and the time needed to implement measures for improving the ambient air quality, the Council may also set a temporary margin of tolerance for the limit value.This margin shall be reduced according to procedures to be defined for each pollutant in order to attain the level of the limit value at the latest at the end of a period to be determined for each pollutant when that value is set.5. In accordance with the Treaty, the Council shall adopt the legislation provided for in paragraph 1 and the provisions laid down in paragraphs 3 and 4.6. When a Member State takes more stringent measures than those laid down in the provisions referred to in paragraph 5, it shall inform the Commission thereof.7. When a Member State intends to set limit values or alert thresholds for pollutants not referred to in Annex I and not covered by Community provisions concerning ambient air quality in the Community, it shall inform the Commission thereof in sufficient time. The Commission shall be required to supply, in sufficient time, an answer to the question of the need to act at Community level following the criteria laid down in Annex III.Article 5 Preliminary assessment of ambient air quality Member States which do not have representative measurements of the levels of pollutants for all zones and agglomerations shall undertake series of representative measurements, surveys or assessments in order to have the data available in time for implementation of the legislation referred to in Article 4 (1).Article 6 Assessment of ambient air quality 1. Once limit values and alert thresholds have been set, ambient air quality shall be assessed throughout the territory of the Member States, in accordance with this Article.2. In accordance with the criteria referred to in Article 4 (3), and in respect of the relevant pollutants under Article 4 (3), measurement is mandatory in the following zones:- agglomerations as defined in Article 2 (10),- zones in which levels are between the limit values and the levels provided for in paragraph 3, and- other zones where levels exceed the limit values.The measures provided for may be supplemented by modelling techniques to provide an adequate level of information on ambient air quality.3. A combination of measurements and modelling techniques may be used to assess ambient air quality where the levels over a representative period are below a level lower than the limit value, to be determined according to the provisions referred to in Article 4 (5).4. Where the levels are below a level to be determined according to the provisions referred to in Article 4 (5), the sole use of modelling or objective estimation techniques for assessing levels shall be possible. This provision shall not apply to agglomerations in the case of pollutants for which alert thresholds have been fixed according to the provisions referred to in Article 4 (5).5. Where pollutants have to be measured, the measurements shall be taken at fixed sites either continuously or by random sampling; the number of measurements shall be sufficiently large to enable the levels observed to be determined.Article 7 Improvement of ambient air quality General requirements 1. Member States shall take the necessary measures to ensure compliance with the limit values.2. Measures taken in order to achieve the aims of this Directive shall:(a) take into account an integrated approach to the protection of air, water and soil;(b) not contravene Community legislation on the protection of safety and health of workers at work;(c) have no significant negative effects on the environment in the other Member States.3. Member States shall draw up action plans indicating the measures to be taken in the short term where there is a risk of the limit values and/or alert thresholds being exceeded, in order to reduce that risk and to limit the duration of such an occurrence. Such plans may, depending on the individual case, provide for measures to control and, where necessary, suspend activities, including motor-vehicle traffic, which contribute to the limit values being exceeded.Article 8 Measures applicable in zones where levels are higher than the limit value 1. Member States shall draw up a list of zones and agglomerations in which the levels of one or more pollutants are higher than the limit value plus the margin of tolerance.Where no margin of tolerance has been fixed for a specific pollutant, zones and agglomerations in which the level of that pollutant exceeds the limit value shall be treated in the same way as the zones and agglomerations referred to in the first subparagraph, and paragraphs 3, 4 and 5 shall apply to them.2. Member States shall draw up a list of zones and agglomerations in which the levels of one or more pollutants are between the limit value and the limit value plus the margin of tolerance.3. In the zones and agglomerations referred to in paragraph 1, Member States shall take measures to ensure that a plan or programme is prepared or implemented for attaining the limit value within the specific time limit.The said plan or programme, which must be made available to the public, shall incorporate at least the information listed in Annex IV.4. In the zones and agglomerations referred to in paragraph 1, where the level of more than one pollutant is higher than the limit values, Member States shall provide an integrated plan covering all the pollutants concerned.5. The Commission shall regularly check the implementation of the plans or programmes submitted under paragraph 3 by examining their progress and the trends in air pollution.6. When the level of a pollutant exceeds, or is likely to exceed, the limit value plus the margin of tolerance or, as the case may be, the alert threshold following significant pollution originating in another Member State, the Member States concerned shall consult with one another with a view to finding a solution. The Commission may be present at such consultations.Article 9 Requirements in zones where the levels are lower than the limit value Member States shall draw up a list of zones and agglomerations in which the levels of pollutants are below the limit values.Member States shall maintain the levels of pollutants in these zones and agglomerations below the limit values and shall endeavour to preserve the best ambient air quality, compatible with sustainable development.Article 10 Measures applicable in the event of the alert thresholds being exceeded When the alert thresholds are exceeded, Member States shall undertake to ensure that the necessary steps are taken to inform the public (e.g. by means of radio, television and the press). Member States shall also forward to the Commission on a provisional basis information concerning the levels recorded and the duration of the episode(s) of pollution no later than three months following their occurrence. A list of minimum details to be supplied to the public shall be drawn up together with the alert thresholds.Article 11 Transmission of information and reports After adoption by the Council of the first proposal referred to in the first indent of Article 4 (1):1. Member States shall notify to the Commission the competent authorities, laboratories and bodies referred to in Article 3 and(a) in the zones referred to in Article 8 (1) shall:(i) inform the Commission of the occurrence of levels exceeding the limit value plus the margin of tolerance, of the dates or periods when such levels were observed and the values recorded in the nine-month period after the end of each year.When no margin of tolerance has been fixed for a given pollutant, the zones and agglomerations where the level of such pollutant exceeds the limit value shall be treated in the same way as the zones and agglomerations referred to in the first subparagraph;(ii) inform the Commission of the reasons for each recorded instance, in the nine-month period after the end of each year;(iii) send to the Commission the plans or programmes referred to in Article 8 (3) no later than two years after the end of the year during which the levels were observed;(iv) inform the Commission every three years of the progress of the plan or programme;(b) shall forward to the Commission annually, and no later than nine months after the end of each year, the list of zones and agglomerations referred to in Article 8 (1) and (2) and in Article 9;(c) shall forward fo the Commission every three years within the framework of the sectoral report referred to in Article 4 of Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the environment (9), and no later than nine months after the end of each three-year period, information reviewing the levels observed or assessed, as appropriate, in the zones and agglomerations referred to in Article 8 and Article 9;(d) shall inform the Commission of the methods used for the preliminary assessment of air quality provided for in Article 5.2. the Commission shall publish:(a) annually, a list of the zones and agglomerations referred to in Article 8 (1);(b) every three years, a report on the ambient air quality in the Community. This report shall show in summary form the information received through a mechanism for the exchange of information between the Commission and the Member States.3. the Commission will call upon as necessary the expertise available in the European Environment Agency in drafting the report referred to in paragraph 2 (b).Article 12 Committee and its functions 1. The amendments necessary to adapt the criteria and techniques referred to in Article 4 (2) to scientific and technical progress, and the detailed arrangements for forwarding the information to be provided under Article 11, and other tasks specified in the provisions referred to in Article 4 (3), shall be adopted in accordance with the procedure laid down in paragraph 2 of this Article.Such adaptation must not have the effect of modifying the limit values or the alert thresholds either directly or indirectly.2. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 13 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 18 months after it comes into force with regard to the provisions relating to Articles 1 to 4 and 12 and Annexes I, II, III and IV, and at the latest on the date on which the provisions referred to in Article 4 (5) apply, with regard to the provisions relating to the other Articles.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. The procedures for such a reference shall be adopted by Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 14 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 15 This Directive is addressed to the Member States.Done at Brussels, 27 September 1996.For the CouncilThe PresidentM. LOWRY(1) OJ No C 216, 6. 8. 1994, p. 4.(2) OJ No C 110, 2. 5. 1995, p. 5.(3) Opinion of the European Parliament of 16 June 1995 (OJ No C 166, 3. 7. 1995, p. 173), Council common position of 30 November 1995 (OJ No C 59, 28. 2. 1996, p. 24) and decision of the European Parliament of 22 May 1996 (OJ No C 166, 10. 6. 1996, p. 63).(4) OJ No C 138, 17. 5. 1993, p. 1.(5) OJ No L 229, 30. 8. 1980, p. 30. Directive as last amended by Directive 91/692/EEC (OJ No L 377, 31. 12. 1991, p. 48).(6) OJ No L 378, 31. 12. 1982, p. 15. Directive as last amended by Directive 91/692/EEC.(7) OJ No L 87, 27. 3. 1985, p. 1. Directive as last amended by Directive 91/692/EEC.(8) OJ No L 297, 13. 10. 1992, p. 1.(9) OJ No L 377, 31. 12. 1991, p. 48.ANNEX I LIST OF ATMOSPHERIC POLLUTANTS TO BE TAKEN INTO CONSIDERATION IN THE ASSESSMENT AND MANAGEMENT OF AMBIENT AIR QUALITY I. Pollutants to be studied at an initial stage, including pollutants governed by existing ambient air quality directives 1. Sulphur dioxide2. Nitrogen dioxide3. Fine particulate matter such as soot (including mw 10)4. Suspended particulate matter5. Lead6. OzoneII. Other air pollutants 7. Benzene8. Carbon monoxide9. Poly-aromatic hydrocarbons10. Cadmium11. Arsenic12. Nickel13. MercuryANNEX II FACTORS TO BE TAKEN INTO ACCOUNT WHEN SETTING LIMIT VALUES AND ALERT THRESHOLDS When setting the limit value and, as appropriate, alert threshold, the following factors may, by way of example, be taken into account:- degree of exposure of sectors of the population, and in particular sensitive sub-groups,- climatic conditions,- sensitivity of flora and fauna and their habitats,- historic heritage exposed to pollutants,- economic and technical feasibility,- long-range transmission of pollutants, of which secondary pollutants, including ozone.ANNEX III GUIDELINES FOR SELECTING AIR POLLUTANTS FOR CONSIDERATION 1. Possibility, severity and frequency of effects; with regard to human health and the environment as a whole, the irreversible effects must be of special concern.2. Ubiquity and high concentration of the pollutant in the atmosphere.3. Environmental transformations or metabolic alterations, as these alterations may lead to the production of chemicals with greater toxicity.4. Persistence in the environment, particularly if the pollutant is not biodegradable and can accumulate in humans, the environment or food chains.5. Impact of the pollutant:- size of exposed population, living resources or ecosystems,- existence of particularly sensitive targets in the zone concerned.6. Risk-assessment methods may also be used.The pertinent danger criteria established under Directive 67/548/EEC (1) and its successive adaptations must be taken into account in the selection of the pollutants.(1) OJ No 196, 16. 8. 1967, p. 1/670. Directive as last amended by Commission Directive 91/632/EEC (OJ No L 338, 10. 12. 1991, p. 23)ANNEX IV INFORMATION TO BE INCLUDED IN THE LOCAL, REGIONAL OR NATIONAL PROGRAMMES FOR IMPROVEMENT IN THE AMBIENT AIR QUALITY Information to be provided under Article 8 (3) 1. Localization of excess pollution- region- city (map)- measuring station (map, geographical coordinates).2. General information- type of zone (city, industrial or rural area)- estimate of the polluted area (km²) and of the population exposed to the pollution- useful climatic data- relevant data on topography- sufficient information on the type of targets requiring protection in the zone.3. Responsible authoritiesNames and addresses of persons responsible for the development and implementation of improvement plans.4. Nature and assessment of pollution- concentrations observed over previous years (before the implementation of the improvement measures)- concentrations measured since the beginning of the project- techniques used for the assessment.5. Origin of pollution- list of the main emission sources responsible for pollution (map)- total quantity of emissions from these sources (tonnes/year)- information on pollution imported from other regions.6. Analysis of the situation- details of those factors responsible for the excess (transport, including cross-border transport, formation)- details of possible measures for improvement of air quality.7. Details of those measures or projects for improvement which existed prior to the entry into force of this Directive i.e.- local, regional, national, international measures- observed effects of these measures.8. Details of those measures or projects adopted with a view to reducing pollution following the entry into force of this Directive- listing and description of all the measures set out in the project- timetable for implementation- estimate of the improvement of air quality planned and of the expected time required to attain these objectives.9. Details of the measures or projects planned or being researched for the long term.10. List of the publications, documents, work, etc., used to supplement information requested in this Annex.


Avis juridique important

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31978L0315

Council Directive 78/315/EEC of 21 December 1977 amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type- approval of motor vehicles and their trailers

Official Journal L 081 , 28/03/1978 P. 0001 - 0002 Finnish special edition: Chapter 13 Volume 8 P. 0056  Greek special edition: Chapter 13 Volume 7 P. 0041  Swedish special edition: Chapter 13 Volume 8 P. 0056  Spanish special edition: Chapter 13 Volume 8 P. 0103  Portuguese special edition Chapter 13 Volume 8 P. 0103

COUNCIL DIRECTIVE  of 21 December 1977  amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers  (78/315/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas certain systems or parts of vehicles which form a separate technical unit are already marketed both separately and after being fitted to a vehicle ; whereas, if it is possible to check such systems or parts before they are fitted to a vehicle, their free movement may be facilitated by the introduction of EEC type-approval also for these separate technical units;  Whereas it is therefore desirable that Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3) should be supplemented without delay by provisions introducing such type-approval, without prejudice to other amendments to that Directive, in particular those contained in the Commission's proposal of 5 January 1977;  Whereas the EEC type-approval of separate technical units to be fitted to vehicles simplifies the motor vehicle type-approval procedure by avoiding the repetition of certain checks during type-approval ; whereas it must be possible, when granting EEC type-approval for separate technical units, to lay down restrictions for their use and/or conditions for their fitting;  Whereas it must always remain possible to adapt the separate Directives to technical progress in the production of separate technical units ; whereas the procedure laid down in Article 13 of Directive 70/156/EEC is appropriate for this purpose,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The following Article 9a shall be added after Article 9:  "Article 9a  1. Where the separate Directives make express provision for so doing, EEC type-approval may also  (1)OJ No C 118, 16.5.1977, p. 29. (2)OJ No C 114, 11.5.1977, p. 1. (3)OJ No L 42, 23.2.1970, p. 1.    be granted to types of systems or parts of vehicles which form a separate technical unit.   2. Where the separate technical unit to be approved fulfils its function or offers a specific feature only in conjunction with other components of the vehicle and for this reason compliance with one or more requirements can be verified only when the separate technical unit to be approved operates in conjunction with other vehicle components, whether real or simulated, the scope of the EEC type-approval of the separate technical unit must be restricted accordingly. The EEC type-approval certificate for a separate technical unit shall then include any restrictions on its use and shall indicate any conditions for fitting it. Observance of these restrictions and conditions shall be verified at the time of EEC type-approval of the vehicle.   3. Articles 3 to 9 and 14 shall apply by analogy.  However, the holder of EEC type-approval for a separate technical unit granted in accordance with this Article shall be obliged not only to complete the certificate provided for in Article 5 (2) but also to affix to each unit manufactured in conformity with the approved type the trade name or mark, the type and, if the separate Directive so provides, the type-approval number."   Article 2 The following paragraph shall be added to Article 11:  "This procedure shall also apply for the purpose of introducing provisions relating to EEC type-approval for separate technical units into the separate Directives."   Article 3 1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 21 December 1977.  For the Council  The President  J. CHABERT


title: Directive 2011/72/EU of the European Parliament and of the Council of 14 September 2011 amending Directive 2000/25/EC as regards the provisions for tractors placed on the market under the flexibility scheme  Text with EEA relevance

text:
               23.9.2011

               EN

               Official Journal of the European Union

               L 246/1

         DIRECTIVE 2011/72/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 14 September 2011
   amending Directive 2000/25/EC as regards the provisions for tractors placed on the market under the flexibility scheme
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               Directive 2000/25/EC of the European Parliament and of the Council of 22 May 2000 on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors (3) regulates exhaust emissions from engines installed in agricultural and forestry tractors with a view to further safeguarding human health and the environment. Directive 2000/25/EC provided that the emission limits applicable in 2010 for type approval of the majority of compression ignition engines, referred to as Stage III A, were to be replaced by the more stringent Stage III B limits, entering into force progressively as from 1 January 2011 with regard to the placing on the market, and from 1 January 2010 as regards the type-approval for those engines. Stage IV, providing for emission limits more stringent than Stage III B, will enter into force progressively as of 1 January 2013 as regards the type-approval for those engines and as of 1 January 2014 with regard to the placing on the market.

               (2)

               The transition to Stage III B involves a step change in technology requiring significant implementation costs for re-designing the engines and for developing advanced technical solutions. However, the current global financial and economic crisis or any economic downturn should not lead to a lowering of environmental standards. This revision of Directive 2000/25/EC should therefore be considered to be exceptional. Furthermore, investments in environmentally friendly technologies are important for the promotion of future growth, jobs and health security.

               (3)

               Directive 2000/25/EC provides for a flexibility scheme to allow tractor manufacturers to purchase, during a given stage, a limited number of engines that do not comply with emission limits applicable during that stage, but which are approved in accordance with the requirements of the stage immediately preceding the applicable one.

               (4)

               Since 2005, Directive 2000/25/EC has provided for the evaluation of the possible need for additional flexibilities in relation to Stages III B and IV emission limits. In order to provide temporary relief to the industry when moving to the next stage, it is necessary to adapt the conditions for applying the flexibility scheme.

               (5)

               During Stage III B, the number of tractors that are placed on the market and that enter into service should, in each engine category, not exceed 40 % of the number of tractors placed on the market by the tractor manufacturer in that engine category. The alternative option of allowing a fixed number of tractors to be placed on the market and to enter into service under the flexibility scheme should be adapted accordingly.

               (6)

               Manufacturers of tractors falling within the scope of this Directive should benefit from European financial support programmes or any relevant support programmes provided by Member States. Those support programmes may favour projects employing the best available technologies with the highest emission standards.

               (7)

               Directive 2000/25/EC should therefore be amended accordingly.

               (8)

               The measures provided for in this Directive reflect a temporary difficulty faced by the industry. As such, the application of those measures should be restricted to the duration of Stage III B.

               (9)

               Current emission limits should be made more stringent, including with respect to ultrafine black carbon particles notably by introducing particulate number limits in future legislation if this is justified by relevant impact assessments,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments to Directive 2000/25/EC
   Directive 2000/25/EC is hereby amended as follows:

               (1)

               in Article 1, the following indents are added:

                           ‘—

                           “flexibility scheme” means the exemption procedure by means of which a Member State permits the placing on the market and entry into service of a limited number of tractors in accordance with the requirements laid down by Article 3a,

                           —

                           “engine category” means the classification of engines which combines the power range with the stage of exhaust emission limits,

                           —

                           “making available on the market” means any supply of a tractor or engine for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge,

                           —

                           “placing on the market” means the first making available on the market of a tractor or engine,

                           —

                           “entry into service” means the first use, for its intended purpose, in the Union of a tractor or engine. The date on which it is registered, if applicable, or placed on the market shall be considered the date of entry into service.’;

               (2)

               Article 3a is replaced by the following:
               ‘Article 3a
               Flexibility scheme
               By way of derogation from Article 3(1) and (2), Member States shall provide that, at the request of the tractor manufacturer, and on condition that the approval authority has granted the relevant permit for placing on the market in accordance with the procedures laid down in Annex IV, a limited number of tractors fitted with engines approved in accordance with the requirements of the emission limits stage immediately preceding the applicable one may enter into service.
               The flexibility scheme shall begin when a given stage becomes applicable and shall have the same duration as the stage itself. The flexibility scheme set out in section 1.2 of Annex IV shall, however, be restricted to the duration of Stage III B or to three years where no subsequent stage exists.’;

               (3)

               Annex IV is replaced by the text appearing in the Annex to this Directive.

         Article 2
   Transposition
   1.   Member States shall adopt and publish, by 24 September 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   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
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 14 September 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ C 107, 6.4.2011, p. 26.

      (2)  Position of the European Parliament of 23 June 2011 (not yet published in the Official Journal) and decision of the Council of 19 July 2011.

      (3)  OJ L 173, 12.7.2000, p. 1.

      ANNEX

            ‘ANNEX IV

               PROVISIONS FOR TRACTORS AND ENGINES PLACED ON THE MARKET UNDER THE FLEXIBILITY SCHEME LAID DOWN IN ARTICLE 3a

            1.   ACTIONS BY THE TRACTOR MANUFACTURERS

                        1.1.

                        Except during Stage III B, a tractor manufacturer who wishes to make use of the flexibility scheme shall request permission from the approval authority to place tractors on the market in accordance with the relevant provisions set out in this Annex. The number of tractors shall not exceed the ceilings set out in sections 1.1.1 and 1.1.2. The engines shall meet the requirements referred to in Article 3a.

                        1.1.1.

                        The number of tractors placed on the market under the flexibility scheme shall, in each engine category, not exceed 20 % of the annual number of tractors placed on the market by the tractor manufacturer with engines in that engine category (calculated as the average of the last five years’ sales on the Union market). Where a tractor manufacturer has marketed tractors in the Union for a period of less than five years the average will be calculated based on the actual period for which the tractor manufacturer has marketed tractors in the Union.

                        1.1.2.

                        As an alternative option to section 1.1.1, the number of tractors placed on the market under the flexibility scheme shall, in each power range, not exceed the following ceilings:

                                    Engine power range
                                    P (kW)

                                    Number of tractors

                                    19 ≤ P < 37

                                    200

                                    37 ≤ P < 75

                                    150

                                    75 ≤ P < 130

                                    100

                                    130 ≤ P ≤ 560

                                    50

                        1.2.

                        During Stage III B, a tractor manufacturer who wishes to make use of the flexibility scheme shall request permission from the approval authority to place tractors on the market in accordance with the relevant provisions set out in this Annex. The number of tractors shall not exceed the ceilings set out in sections 1.2.1 and 1.2.2. The engines shall meet the requirements referred to in Article 3a.

                        1.2.1.

                        The number of tractors placed on the market under the flexibility scheme shall, in each engine category, not exceed 40 % of the annual number of tractors placed on the market by the tractor manufacturer with engines in that engine category (calculated as the average of the last five years’ sales on the Union market). Where a tractor manufacturer has marketed tractors in the Union for a period of less than five years the average will be calculated based on the actual period for which the tractor manufacturer has marketed tractors in the Union.

                        1.2.2.

                        As an alternative option to section 1.2.1, the number of tractors placed on the market under the flexibility scheme shall, in each power range, not exceed the following ceilings:

                                    Engine power range
                                    P (kW)

                                    Number of tractors

                                    37 ≤ P < 56

                                    200

                                    56 ≤ P < 75

                                    175

                                    75 ≤ P < 130

                                    250

                                    130 ≤ P ≤ 560

                                    125

                        1.3.

                        The tractor manufacturer shall include in his application to the approval authority the following information:

                                    (a)

                                    a sample of the labels to be affixed to each tractor in which an engine placed on the market under the flexibility scheme will be installed. The labels shall bear the following text: "TRACTOR NO … (sequence of tractors) OF … (total number of tractors in respective power range) WITH ENGINE NO … WITH TYPE-APPROVAL (Directive 2000/25/EC) NO …"; and

                                    (b)

                                    a sample of the supplementary label to be affixed on the engine bearing the text referred to in section 2.2.

                        1.4.

                        The tractor manufacturer shall provide the approval authority with any necessary information connected with the implementation of the flexibility scheme that the approval authority may request in order to make a decision.

                        1.5.

                        The tractor manufacturer shall file a report every six months to the approval authorities of each Member State where the tractor is placed on the market on the implementation of the flexibility schemes he is using. The report shall include cumulative data on the number of tractors placed on the market under the flexibility scheme, engine and tractor serial numbers, and the Member States where the tractor has been entered into service. This procedure shall be continued as long as a flexibility scheme is still in progress, without any exceptions.

                  2.   ACTIONS BY THE ENGINE MANUFACTURER

                        2.1.

                        An engine manufacturer may place on the market engines under the flexibility scheme approved in accordance with sections 1 and 3 of this Annex.

                        2.2.

                        The engine manufacturer shall label those engines with the following text: "Engine placed on the market under the flexibility scheme" in accordance with the requirements referred to in section 5 of Annex I.

                  3.   ACTIONS BY THE APPROVAL AUTHORITY
            The approval authority shall evaluate the content of the flexibility scheme request and the enclosed documents. As a consequence it will inform the tractor manufacturer of its decision as to whether or not to allow use of the flexibility scheme as requested.’.