Avis juridique important

|

31979L0693

Council Directive 79/693/EEC of 24 July 1979 on the approximation of the laws of the Member States relating to fruit jams, jellies and marmalades and chestnut purée

Official Journal L 205 , 13/08/1979 P. 0005 - 0016 Finnish special edition: Chapter 13 Volume 10 P. 0043  Greek special edition: Chapter 13 Volume 8 P. 0184  Swedish special edition: Chapter 13 Volume 10 P. 0043  Spanish special edition: Chapter 13 Volume 10 P. 0140  Portuguese special edition Chapter 13 Volume 10 P. 0140

COUNCIL DIRECTIVE of 24 July 1979 on the approximation of the laws of the Member States relating to fruit jams, jellies and marmalades and chestnut purée (79/693/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament [1],[1] OJ No C 7, 12.1.1976, p. 38.Having regard to the opinion of the Economic and Social Committee [2],[2] OJ No C 131, 12.6.1976, p. 23.Whereas the legislation and administrative provisions in force in the Member States define the composition and characteristics of the manufacture of fruit jams, jellies and marmalades and chestnut purée, reserve such designations for the products that meet these standards and lay down the rules regarding labelling and presentation;Whereas the differences in national legislation are likely to impede the free movement of these products and lead to conditions of unfair competition;Whereas it is consequently necessary to establish common rules, the observance of which will make it possible to market the products in question freely throughout the Community;Whereas the labelling of fruit jams, jellies and marmalades and chestnut purée is subject to the general rules laid down by Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs [3] ; whereas the present Directive may therefore merely set out the additions and derogations which should be made with regard to those general rules;[3] OJ No L 33, 8.2.1979, p. 1.Whereas a new type of product with a low sugar content has recently appeared on some markets but its industrial development is not yet complete ; whereas as a consequence in the initial stage it is advisable to allow Member States the possibility of including such products under the designation fruit jams, jellies and marmalades and chestnut purée ; whereas Community arrangements applicable to these products will have to be worked out subsequently;Whereas, with the aim of simplifying and speeding up the procedure, the adoption of technical implementing measures should be entrusted to the Commission;Whereas, in all cases where the Council delegates powers to the Commission to implement rules established in respect of foodstuffs, it is advisable to make provision for a procedure ensuring close cooperation between the Member States and the Commission through the Standing Committee for Foodstuffs set up by Decision 69/414/EEC [4];[4] OJ No L 291, 29.11.1969, p. 9.Whereas the implementation of certain rules provided for in this Directive cannot be envisaged at present because of the technical difficulties this would entail;Whereas recourse must consequently be had to national laws, but the situation should be reviewed at a later stage in order gradually to eliminate the differences which still exist,HAS ADOPTED THIS DIRECTIVE:Article 1This Directive shall apply to:1. extra jam;2. jam;3. extra jelly;4. jelly;5. marmalade;6. chestnut purée;as these products are defined in Annex I.Article 2Member States shall take all the necessary steps to ensure that the products defined in Annex I may be marketed only if they conform to the definitions and rules laid down in this Directive.Article 31. The names listed in Annex I shall be used exclusively to denote the products defined therein and in so far as their soluble dry matter content is not less than 60 % as determined by refractometer.2. Member States may also allow the use in their territory of the names listed in Annex I for products with a soluble dry matter content of less than 60 % which comply with the other provisions of this Directive with the exception of those prescribed in Annex III (B).Not later than five years after notification of this Directive, the Council, acting on a proposal from the Commission, shall decide on the Community arrangements applicable to the products referred to in the first subparagraph.3. The names listed in Annex I (A) (2) and (4) may also be used to designate the products defined in paragraphs 1 and 3 of that section.4. This Article shall not affect the provisions by which the name "jelly" may, in accordance with custom, also be used to designate other products which cannot be confused with those defined in Annex I.Article 4Only raw materials corresponding to the definitions given in Annex II may be used in the manufacture of the products defined in Annex I.Article 5Only the substances listed in Annex III may be added, and only in the manner prescribed therein, to the products defined in Annex I.Article 61. Products defined in Annex I may not contain any substance in such quantity as to endanger human health.2. Products defined in Annex I may not, in particular, contain sulphur dioxide in amounts exceeding the limits fixed in Annex IV.Article 71. (a) The name under which a product defined in Annex I is sold shall be the same as that used by virtue of Article 3.(b) This name shall be supplemented by:(i) an indication of the type or types of fruit used in descending order of importance by weight of the raw materials used ; however, for products made from three or more types of fruit, the indication of the types of fruit used may be replaced by the words "mixed fruit" or by an indication of the number of types of fruit used;(ii) an indication of the ingredients given in Annex III (A) (2).2.(a) Where apricots intended for the manufacture of the product defined in Annex I (A) (2) have been dried by a process other than freeze-drying, the words "dried apricots" shall appear on the list of ingredients.(b) Where red beetroot juice has been added to the products defined in Annex I (A) (2) and (4) which have been obtained from one or more of the following : strawberries, raspberries, gooseberries, redcurrants or plums, the words "red beetroot juice to reinforce the colour" shall appear in the list of ingredients.(c) In the case of products made from three or more types of fruit, Member States may allow the naming in the list of ingredients of the types of fruit used to be replaced by the single word "fruit".(d) Where the residual sulphur dioxide content is more than 10 mg/kg, Member States may require that the words "residual sulphur dioxide" appear in the list of ingredients. Five years after the notification of this Directive, the Commission shall review this derogation and propose any necessary changes to the Council.3. The labelling of the products defined in Annex I shall also bear the following obligatory information: (a) the words "prepared with ... g of fruit per 100 g", the figure shown representing the quantities per 100 g of finished product for which the following have been used:- pulp, purée, juice and aqueous extracts in the manufacture of the products defined in Annex I (A) (1), (2), (3), (4) and (6), if applicable, after deduction of the weight of water used in preparing the aqueous extracts,- citrus fruit used in the manufacture of the product defined in Annex I (A) (5);(b) the words "total sugar content : ... g per 100 g", the figure shown representing the value determined by refractometer at 20 ºC for the finished product, subject to a tolerance of ± 3 % between the actual refractometric value and the value shown;(c) for products having a soluble dry matter content of less than 63 % the words "keep in a cool place once opened" ; this indication shall not, however, be compulsory for products in small containers, the content of which is normally consumed at one time and for products to which preservatives have been added;(d) in the case of the product defined in Annex I (A) (5):- containing peel, an indication of the style of cut of that peel,- not containing peel, an indication of the absence of peel.4. The particulars referred to in paragraph 3 must appear within the same field of vision as those referred to in Article 11 (3) (a) of Directive 79/112/EEC.5. The addition of L-ascorbic acid by virtue of Article 5 and Annex III (B) shall not authorize reference to be made to vitamin C.Article 8Without prejudice to the provisions to be adopted by the Community in this field, Member States shall be free to determine the rules governing the labelling of the products which are defined in Annex I and which are not intended for supply as such to the final consumer.Article 91. Member States may not prohibit trade in products defined in Annex I which comply with the definitions and rules laid down in this Directive, in particular by the application of non-harmonized national provisions governing the composition, manufacturing specifications, packaging or labelling of these products or of foodstuffs in general.2. Paragraph 1 shall not apply to non-harmonized national provisions justified on grounds of: - protection of public health,- prevention of fraud, unless such provisions are liable to impede the application of the definitions and rules laid down by this Directive,- protection of industrial and commercial property rights, indications of source, registered designation of origin and prevention of unfair competition.Article 101. Where a Member State, as a result of new information or of a re-assessment of existing information made since this Directive was adopted, has detailed grounds for establishing that the use, in the products defined in Annex I, of one of the substances listed in Annex III (A) (2) (b), second indent, (2) (c) and (B) and Annex IV or where the maximum level which may be employed endangers human health although it complies with this Directive, that Member State may temporarily suspend or restrict application of the provisions in question in its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision.2. The Commission shall examine as soon as possible the grounds given by the Member State concerned, and consult the Member States within the Standing Committee for Foodstuffs, and shall then deliver its opinion forthwith and take the appropriate measures.3. If the Commission considers that amendments to this Directive are necessary in order to resolve the difficulties mentioned in paragraph 1 and to ensure the protection of human health, it shall initiate the procedure laid down in Article 13, with a view to adopting these amendments ; the Member State which has adopted safeguard measures may in that event retain them until the amendments enter into force.Article 11The Council, acting unanimously on a proposal from the Commission, shall determine, as far as is necessary, the identity and purity criteria for the products and substances given in Annexes II and III.Article 12Detailed rules concerning methods of sampling and analysis to check the composition of and manufacturing specifications for products defined in Annex I shall be determined in accordance with the procedure laid down in Article 13.Article 131. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Standing Committee for Foodstuffs (hereinafter called "the Committee") by its chairman, either on his own initiative or at the request of a representative of a Member State.2. The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall give its opinion on that draft within a time limit set by the chairman having regard to the urgency of the matter. Opinions shall be delivered by a majority of 41 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.3. (a) Where the measures envisaged are in accordance with the opinion of the Committee, the Commission shall adopt them.(b) Where 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 on the measures to be taken. The Council shall act by a qualified majority.(c) If the Council has not acted within three months of the proposal being submitted to it, the proposed measures shall be adopted by the Commission.Article 14Article 13 shall apply for 18 months from the date on which the matter was first referred to the Committee pursuant to Article 13 (1).Article 151. This Directive shall not affect national provisions whereby the following may be authorized for the manufacture of the products defined in Annex I:(a) the addition of the following substances:(i) malic acid and its sodium and calcium salts according to proper manufacturing practice;(ii) - calcium carbonate, calcium chloride and calcium gluconate, used either separately or in combination at not more than 200 mg/kg expressed as calcium,- sodium carbonate, sodium bicarbonate and sodium hydroxide,- phosphoric acid;(iii) - preservatives, where the soluble dry matter content is less than 65 %,- colouring matters ; in the case of the products defined in Annex I (A) (1) and (3) this authorization may however be given only where the products are manufactured from one or more of the following types : strawberries, raspberries, gooseberries, redcurrants and plums,- alginate and carrageenan at not more than 10 g/kg (separately or in combination) and carob meal at not more than 20 g/kg,- dimethylpolysiloxane at not more than 10 mg/kg,- sorbitan monolaurate at not more than 25 mg/kg in the product referred to in the third subparagraph of Annex I (A) (5);(b) the total or partial replacement of the sugars given in Annex II (A) (6) by honey, cane molasses or brown sugar.2. The derogation provided for:(i) in paragraph 1 (a) (i) shall cease to apply at a date to be fixed by the Council by 1 July 1984 according to the procedure provided for in Article 100 of the Treaty, and in any event on implementation of Community rules on the use of alimentary acids in foodstuffs;(ii) in paragraph 1 (a) (ii) shall cease to apply at a date to be fixed by the Council by 1 July 1984 according to the procedure provided for in Article 100 of the Treaty.3. Before 1 July 1984 the Commission shall re-examine the derogations provided for in paragraph 1 (a) (iii) and shall propose any necessary amendments to the Council.Article 16This Directive:(a) shall not apply to products intended for export to countries outside the Community;(b) shall not affect national provisions relating to dietetic products, without prejudice to any Community provisions on the matter;(c) shall not apply to products intended for the manufacture of fine bakers' wares, pastries and biscuits.Article 171. Member States shall make such amendments to their laws as may be necessary to comply with this Directive and shall forthwith inform the Commission thereof. The amended legislation shall:- permit trade in products complying with this Directive not later than two years after its notification,- prohibit trade in products not complying with this Directive three years after its notification.2. By way of derogation from the second indent of paragraph 1, the period after which trade in products which are not labelled in accordance with Article 7 is forbidden shall be that referred to in the second indent of Article 22 (1) of Directive 79/112/EEC.3. This Article shall not affect application of Article 22 (2) (b) and (c) and the first indent of Article 23 (1) (b) of Directive 79/112/EEC.Article 18This Directive is addressed to the Member States.Done at Brussels, 24 July 1979.For the CouncilThe PresidentJ. GIBBONSANNEX IFINISHED PRODUCTS - DEFINITIONSA. For the purpose of this Directive the following definitions shall apply:1. Extra jam:a mixture, brought to a suitable gelled consistency, of sugars and the pulp of:- one type of fruit, or- two or more types of fruit, excluding apples, pears, clingstone plums, melons, water-melons, grapes, pumpkins, cucumbers and tomatoes.The quantity of fruit pulp used for the manufacture of 1 000 g of finished product shall not be less than:- 450 g as a general rule,- 350 g for blackcurrants, rosehips, quinces,- 250 g for ginger,- 230 g for cashew apples,- 80 g for passion fruit.2. Jam:a mixture, brought to a suitable gelled consistency, of sugars and the pulp and/or purée of:- one type of fruit, or- two or more types of fruit.The quantity of fruit pulp and/or purée used for the manufacture of 1 000 g of finished product shall not be less than:- 350 g as a general rule,- 250 g for blackcurrants, rosehips, quinces,- 150 g for ginger,- 160 g for cashew apples,- 60 g for passion fruit.However, for a period of five years from notification of this Directive, Member States may make provision for a quantity of 300 g in 1 000 g of finished product in the case of raspberries and gooseberries.3. Extra jelly:an appropriately gelled mixture of sugars and the juice and/or aqueous extracts of:- one type of fruit, or- two or more types of fruit, excluding apples, pears, clingstone plums, melons, water-melons, grapes, pumpkins, cucumbers and tomatoes.The quantity of juice and/or aqueous extracts used in the manufacture of 1 000 g of finished product shall not be less than:- 450 g as a general rule,- 350 g for blackcurrants, rosehips, quinces,- 250 g for ginger,- 230 g for cashew apples,- 80 g for passion fruit.These quantities are calculated after deduction of the weight of water used in preparing the aqueous extracts.4. Jelly:an appropriately gelled mixture of sugars and the juice and/or aqueous extracts of:- one type of fruit, or- two or more types of fruit.The quantity of juice and/or aqueous extracts used in the manufacture of 1 000 g of finished product shall not be less than:- 350 g as a general rule,- 250 g for blackcurrants, rosehips, quinces,- 150 g for ginger,- 160 g for cashew apples,- 60 g for passion fruit.These quantities are calculated after deduction of the weight of water used in preparing the aqueous extracts.5. Marmalade:a mixture, brought to a suitable gelled consistency, of sugars and one or more of the following products obtained from citrus fruit : pulp, purée, juice, aqueous extracts and peel.The quantity of citrus fruit used in the preparation of 1 000 g of finished product shall not be less than 200 g of which 75 g or more shall be obtained from the endocarp.Member States may authorize in their own territory the name "jelly marmalade" where the product contains no insoluble matter with the exception, optionally, of small quantities of finely sliced peel.6. Chestnut purée:a mixture, brought to a suitable consistency of sugars and puréed chestnuts.The quantity of puréed chestnuts used in the manufacture of 1 000 g of finished product shall not be less than 380 g.B. In the case of mixtures, the minimum content of a given fruit as laid down in section A shall be reduced in proportion to the percentage of such fruit used.ANNEX IIA. RAW MATERIALS - DEFINITIONS1. Fruit:- fresh, sound fruit, free from deterioration, containing all its essential constituents and sufficiently ripe for use in the manufacture of products as defined in Annex I, after cleaning, removal of blemishes, topping and tailing,- for the purposes of this Directive, tomatoes and the edible parts of rhubarb stalks are considered as fruit,- the term "chestnut" means the fruit of the sweet chestnut tree (Castanea sativa),- "ginger" means the edible root of the ginger plant preserved in syrup after being drained and peeled.2. Fruit pulp (pulp):the edible part of the whole fruit - if appropriate, less the peel, skin, seeds, pips and the like - which may have been sliced or crushed but which has not been reduced to a purée.3. Fruit purée (purée):the edible part of the whole fruit - less the peel, skin, seeds, pips and the like - which has been reduced to a purée by sieving or a similar process.4. Fruit juice (juice):a product which, subject to treatment in accordance with section B, conforms to the definitions of Council Directive 75/726/EEC of 17 November 1975 on the approximation of the laws of the Member States concerning fruit juices and certain similar products [5], as amended by Directive 79/168/EEC [6].[5] OJ No L 311, 1.12.1975, p. 40.[6] OJ No L 37, 13.2.1979, p. 27.5. Aqueous extracts of fruit (aqueous extracts):the aqueous extracts of fruit which, subject to the losses necessarily occurring in proper manufacturing, contain all the water-soluble constituents of the fruit used.6. Sugars:any of the following:- semi-white sugar,- sugar (white sugar),- extra white sugar,- sugar solution,- invert sugar solution,- invert sugar syrup,- dextrose monohydrate,- dextrose anhydrous,- glucose syrup,- dried glucose syrup,- fructose,- the aqueous solution of sucrose with the following characteristics:>PIC FILE= "T0015061">B. RAW MATERIALS - AUTHORIZED TREATMENT1. The products defined in section A (1) to (5) may, in all cases, be treated in the following ways:- heated, chilled or frozen,- freeze-dried,- concentrated, to the extent that it is technically possible.2. If the abovementioned products are intended for the manufacture of products defined in Annex I (A) (2), (4) and (5), sulphur dioxide (E 220) or the salts thereof (E 221, E 222, E 223, E 224, E 226, E 227) may be added to them.3. Apricots for the manufacture of the product defined in Annex I (A) (2) may be treated by other dehydration processes apart from freeze-drying.4. Chestnuts for use in the manufacture of the product defined in Annex I (A) (6) may be soaked beforehand for a short time in an aqueous solution of sulphur dioxide (E 220).ANNEX IIISUBSTANCES WHICH MAY BE ADDED TO THE PRODUCTS DEFINED IN ANNEX IA. EDIBLE INGREDIENTS, AROMATICS AND AROMATIC SUBSTANCES1. Ingredients which need not be specified in the sales description of the finished products>PIC FILE= "T0015062">2. Ingredients which must be specified in the sales description of the finished products>PIC FILE= "T0015063">B. ADDITIVES>PIC FILE= "T9001083">ANNEX IVMAXIMUM SULPHUR DIOXIDE CONTENT OF PRODUCTS DEFINED IN ANNEX IThe sulphur dioxide content of the products defined must not exceed the following values:1. 10 mg/kg for products defined in Annex I (A) (1), (3) and (6);2. 50 mg/kg for all other products defined in Annex I;3. however, for the products defined in Annex I (A) (2) and (5), Member States may retain any national laws permitting a sulphur dioxide content greater than 50 mg/kg but less than 100 mg/kg.At the end of a period of five years from the notification of this Directive, the Commission will re-examine this derogation and will propose to the Council, if appropriate, the amendment or abolition of this provision.


Avis juridique important

|

31982L0443

Council Directive 82/443/EEC of 29 June 1982 amending Directives 69/169/EEC and 77/800/EEC as regards the rules governing turnover tax and excise duty applicable in international travel

Official Journal L 206 , 14/07/1982 P. 0035 - 0036 Finnish special edition: Chapter 9 Volume 1 P. 0094  Spanish special edition: Chapter 09 Volume 1 P. 0132  Swedish special edition: Chapter 9 Volume 1 P. 0094  Portuguese special edition Chapter 09 Volume 1 P. 0132

*****COUNCIL  DIRECTIVE  of 29 June 1982  amending Directives 69/169/EEC and 77/800/EEC as regards the rules governing turnover tax and excise duty applicable in international travel  (82/443/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 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 intra-Community tax-free allowances contribute to the interpenetration of Member States' economies;  Whereas, in order to achieve this objective and in the interests of the population of the Member States, the value of the exemptions laid down by Article 2 of Council Directive 69/169/EEC of 28 May 1969 on the harmonization of provisions laid down by law, regulation or administrative action relating to exemption from turnover tax and excise duty on imports in international travel (4), as last amended by Directive 81/933/EEC (5), should be increased;  Whereas for expressions of alcoholic strength it is necessary to take account of Council Directive 76/766/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to alcohol tables (6), and accordingly to amend Articles 4 and 5 of Directive 69/169/EEC and Article 1 of Council Directive 77/800/EEC of 19 December 1977 on a derogation accorded to the Kingdom of Denmark relating to the rules governing turnover tax and excise duty applicable in international travel (7);  Whereas on the grounds of the present economic situation a further period of time should be granted to the Kingdom of Denmark in which to apply the increase in value of the allowance for persons travelling from other Member States of the Community,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Articles 1 and 2 of Directive 69/169/EEC shall be amended as follows:  1. In Article 1 (3), '40 European units of account' shall be replaced by 'the amount set out in paragraph 1'.  2. In Article 2 (1), '180 European units of account' shall be replaced by '210 ECU'.  3. In Article 2 (2), '50 European units of account' shall be replaced by '60 ECU'.  4. In Article 2 (3), '180 European units of account' shall be replaced by 'the amount set out in paragraph 1'.  Article 2  In Articles 4 and 5 of Directive 69/169/EEC and Article 1 of Directive 77/800/EEC, '22°' shall be replaced by '22 % vol'.  Article 3  1. Member States shall bring into force the measures necessary to comply with this Directive with effect from 1 January 1983.  However, the Kingdom of Denmark shall put into force the necessary measures to comply with Article 1 (2) not later than 1 January 1984.  2. Member States shall inform the Commission of the provisions which they adopt to implement this Directive.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 29 June 1982.  For the Council  The President  P. de KEERSMAEKER  (1) OJ No C 318, 19. 12. 1979, p. 5.  (2) OJ No C 117, 12. 5. 1980, p. 83.  (3) OJ No C 113, 7. 5. 1980, p. 34.  (4) OJ No L 133, 4. 6. 1969, p. 6.  (5) OJ No L 338, 25. 11. 1981, p. 24.  (6) OJ No L 262, 27. 9. 1976, p. 149.  (7) OJ No L 336, 27. 12. 1977, p. 21.


Avis juridique important

|

31978L0117

Twenty-First Commission Directive 78/117/EEC of 23 December 1977 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 040 , 10/02/1978 P. 0019 - 0020 Greek special edition: Chapter 03 Volume 20 P. 0083

****( 1 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .    TWENTY-FIRST COMMISSION DIRECTIVE   OF 23 DECEMBER 1977   AMENDING THE ANNEXES TO COUNCIL DIRECTIVE 70/524/EEC CONCERNING ADDITIVES IN FEEDINGSTUFFS  ( 78/117/EEC )   THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DIRECTIVE 70/524/EEC OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS ( 1 ), AS LAST AMENDED BY THE TWENTIETH COMMISSION DIRECTIVE , AND IN PARTICULAR ARTICLE 6 THEREOF ,   WHEREAS THE ABOVEMENTIONED DIRECTIVE PROVIDES FOR THE CONTENT OF THE ANNEXES TO BE SUBJECT TO CONSTANT REVISION IN THE LIGHT OF THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;   WHEREAS FOR SOME COCCIDIOSTATS PERMITTED AT NATIONAL LEVEL , FURTHER EXAMINATION IS REQUIRED BEFORE A DECISION CAN BE MADE TO PERMIT OR CANCEL THEIR USE AT COMMUNITY LEVEL ; WHEREAS IT IS THEREFORE DESIRABLE TO EXTEND , UNDER CERTAIN CONDITIONS , THEIR PERIOD OF AUTHORIZATION AT NATIONAL LEVEL ;   WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   IN ANNEX II TO COUNCIL DIRECTIVE 70/524/EEC , UNDER PART B  ' COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES '  ITEM NOS 2 , 8 AND 12 ARE HEREBY AMENDED AS FOLLOWS :    //   //  //  //  //  //  //  MINIMUM CONTENT //  MAXIMUM CONTENT //   // NO  //  ADDITIVES  //  CHEMICAL NAME , DESCRIPTION  //  ANIMAL SPECIES  //  MAXIMUM AGE  //  PPM OF COMPLETE FEEDINGSTUFF //  OTHER PROVISIONS  //  PERIOD OF AUTHORIZATION //   // 2 //  DIMETRI- DAZOLE //  1,2-DIMETHYL-5- NITROIMIDAZOLE //  SWINE //  4 MONTHS //  100 //  200 //  USE PROHIBITED AT LEAST FOUR WEEKS BEFORE SLAUGHTER // 8 //  SULPHAQUIN- OXALINE //  2-P-AMINO- BEZENESULPHON- AMIDOQUIN- OXALINE //  POULTRY , EXCLUDING DUCKS , GEESE , LAYING HENS //   -  //  //  125 //  USE PROHIBITED AT LEAST SEVEN DAYS BEFORE SLAUGHTER //  //  //  //  RABBITS //   -  //  //  250 //  //  30 JUNE 1978 // 12 //  RONIDAZOLE //  ( 1-METHYL-5-NITRO- IMIDAZOL-2-YL)- METHYL- CARBAMATE //  TURKEYS //   -  //   60 //   90 //  USE PROHIBITED AT LEAST SIX DAYS BEFORE SLAUGHTER //  //  //  //  PIGS //  4 MONTHS //   60 //   60 //  USE PROHIBITED AT LEAST FOUR WEEKS BEFORE SLAUGHTER //   ARTICLE 2   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 23 DECEMBER 1977 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT


title: Commission Directive 2009/159/EU of 16 December 2009 amending, for the purpose of adaptation to technical progress, Annex III to Council Directive 76/768/EEC concerning cosmetic products (Text with EEA relevance)

text:
               18.12.2009

               EN

               Official Journal of the European Union

               L 336/29

      COMMISSION DIRECTIVE 2009/159/EU
   of 16 December 2009
   amending, for the purpose of adaptation to technical progress, Annex III to Council Directive 76/768/EEC concerning cosmetic products
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), and in particular Article 8(2) thereof,
   After consulting the Scientific Committee on Consumer Safety,
   Whereas:

               (1)

               According to the safety assessment strategy for hair dye substances, it was agreed with the Member States and stakeholders that the date of 31 December 2007 would be appropriate for the submission to the Scientific Committee on Consumer Safety (hereinafter ‘SCCS’) of the scientific data on the reaction products formed by oxidative hair dye substances on the scalp and their safety for the consumer.

               (2)

               Presently, there are 31 hair dye substances which are provisionally allowed for use in cosmetic products until 31 December 2009 under the restrictions and conditions laid down in Part 2 of Annex III to Directive 76/768/EEC. The requested scientific data on the safety of reaction products formed by oxidative hair dye substances were submitted by the cosmetics industry to the SCCS before the agreed deadline of 31 December 2007.

               (3)

               The submitted safety data were evaluated by the SCCS. In January 2009, the SCCS concluded in its opinion that it is not in the position to finally assess the risk of reaction products of oxidative hair dyes due to the incompleteness of the dossier submitted by the industry. The cosmetics industry provided the missing data by the end of September 2009.

               (4)

               In view of the above, the risk assessment of the submitted additional data and the final opinion given by the SCCS on the safety of the reaction products will still require a period of time exceeding the provisional deadline of 31 December 2009 for the substances listed in Part 2 of Annex III.

               (5)

               Therefore, the definitive regulation of 31 hair dye substances listed in Part 2 of Annex III, on the basis of risk assessment of their reaction products, and its implementation into the laws of Member States will not take place before the provisional deadline. Consequently, their provisional use in cosmetic products under the current restrictions and conditions laid down in Part 2 of Annex III should be extended. The new prolonged deadline of 31 December 2010 is considered sufficient for the definitive regulation of these substances.

               (6)

               Directive 76/768/EEC should therefore be amended accordingly.

               (7)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Amendment to Directive 76/768/EEC
   In reference numbers 3, 4, 5, 6, 10, 11, 12, 16, 19, 20, 21, 22, 25, 26, 27, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 44, 48, 49, 50, 55, and 56 of column g in Part 2 of Annex III to Directive 76/768/EEC, the date ‘31.12.2009’ is replaced by ‘31.12.2010’.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 31 December 2009 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.
   They shall apply those provisions from 1 January 2010.
   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 third day following its publication in the Official Journal of the European Union.
   Article 4
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 16 December 2009.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 262, 27.9.1976, p. 169.


Avis juridique important

|

32003L0107

Directive 2003/107/EC of the European Parliament and of the Council of 5 December 2003 amending Council Directive 96/16/EC on statistical surveys of milk and milk products

Official Journal L 007 , 13/01/2004 P. 0040 - 0040

Directive 2003/107/EC of the European Parliament and of the Councilof 5 December 2003amending Council Directive 96/16/EC on statistical surveys of milk and milk productsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,Having regard to the proposal from the Commission,Acting in accordance with the procedure referred to in Article 251 of the Treaty(1),Whereas:(1) The purpose of Council Directive 96/16/EC(2) is to provide reliable and comparable data on milk production and use and reliable, regular, short-term information on milk deliveries to undertakings which treat or process milk and on the production of milk products in the Member States.(2) In view of the growing economic importance of the protein content of milk, it is becoming increasingly necessary to have statistical information on the protein content of the main milk products.(3) Specialisation in agriculture is increasing in general, and the milk sector, in particular, is currently undergoing regional specialisation which gives rise to enormous differences between the regions of a single Member State, requiring detailed information at regional level.(4) To guarantee comparability of results, methodological reports need to be compiled according to a standard format,HAVE ADOPTED THIS DIRECTIVE:Article 1Council Directive 96/16/EC shall be amended as follows:1. Article 4 shall be amended as follows:(a) the following shall be added to paragraph 1(b):"(iv) the protein content of the main milk products, based on the measuring or estimating method most likely to guarantee reliable data;(v) the quantity of cows' milk produced by agricultural holdings on a regional basis (territorial unit NUTS 2) according to the most appropriate measuring or estimating method for guaranteeing the reliability of the data."(b) paragraph 2 shall be deleted;2. the last sentence of Article 5(2) shall be replaced by the following:"Member States shall notify the Commission annually of the methodological information relating to the information referred to in Article 4(1), using a standard questionnaire drawn up by the Commission in accordance with the procedure laid down in Article 7.";3. Article 6(3) shall be amended as follows:(a) in point (b), the second indent shall be deleted;(b) point (c) shall be replaced by the following:"(c) in September of the year following the year of the reference date, the results referred to in point 2 of Article 1 and in points (b)(v) and (c) of Article 4(1)."Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 2004. 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 reference shall be laid down by Member States.Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 5 December 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentP. Lunardi(1) Opinion of the European Parliament of 2 September 2003 (not yet published in the Official Journal), and Council Decision of 17 November 2003.(2) OJ L 78, 28.3.1996, p. 27.


Avis juridique important

|

31962L0302

EAEC Council: Directive on freedom to take skilled employment in the field of nuclear energy

Official Journal 057 , 09/07/1962 P. 1650 - 1652 Finnish special edition: Chapter 5 Volume 1 P. 0024  Swedish special edition: Chapter 5 Volume 1 P. 0024  Danish special edition: Series I Chapter 1959-1962 P. 0217  English special edition: Series I Chapter 1959-1962 P. 0245

DIRECTIVE on freedom to take skilled employment in the field of nuclear energy  THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 96 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the Economic and Social Committee;  After consulting the European Parliament;  Whereas the ensuring of freedom to take skilled employment in the field of nuclear energy is an essential condition for the attainment of the objectives of the European Atomic Energy Community;  Whereas pursuit of such employment requires knowledge specifically related to nuclear energy ; whereas the special training for such employment is still in the organisational phase ; whereas knowledge which is specifically nuclear is often acquired only through practical work;  Whereas the rules applicable to the right to take skilled employment in the field of nuclear energy should be brought into line with those governing freedom of movement for workers within the European Economic Community;  Whereas the measures taken in pursuance of Articles 48 and 49 of the Treaty establishing the European Economic Community provide for the automatic granting of the necessary authorisations to workers who are personally named in offers of certain categories of employment;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall, in accordance with this Directive, take the measures necessary to abolish all restrictions based on nationality affecting the right of nationals of any Member State to take skilled employment in the field of nuclear energy.   Article 2 For the purposes of this Directive, "skilled employment" means employment in the field of nuclear energy which requires specifically nuclear knowledge the acquisition of which calls for special training or at least five months' practical work and which relates to:    (a) nuclear energy research in the fields listed in Annex I to the Treaty;       (b) supervision, maintenance, repair or technical operation of installations and equipment for:      - production, separation or any use of ores, source materials or special fissile materials or for the reprocessing of irradiated nuclear fuels;           - isotope separation;           - production of the special materials needed in the nuclear field, such as moderators and structural, cladding and shielding materials specially devised for nuclear purposes;           - production of nuclear energy;           - disposal of nuclear waste and radioactive impurities;           - transport or storage of radioactive materials;           - production, preparation or use of radioactive isotopes;                  (c) planning, designing or construction of installations or equipment or constituent parts of the installations or equipment used in the fields listed in subparagraphs (a) and (b);       (d) protection against radiation.           Article 3 The employments listed in the Annex to this Directive shall in every case be recognised as coming within the definition of skilled employment given in Article 2.   Article 4 Member States shall adopt all necessary measures for the automatic granting of authorisations required for the pursuit of any employment referred to in Articles 2 and 3. Conditions for granting such authorisations shall in no instance be less liberal than the conditions in respect of offers to named persons as laid down by the measures taken in pursuance of Articles 48 and 49 of the Treaty establishing the European Economic Community.   Article 5 With regard to any matter not covered by this Directive, Member States shall apply the measures taken in pursuance of the Treaty establishing the European Economic Community which relate to freedom of movement for workers.  This Directive shall not adversely affect the measures taken in implementation of the Treaty establishing the European Coal and Steel Community which relate to workers who have recognised qualifications in a coal-mining or steel-making occupation.   Article 6 This Directive is addressed to the Member States.     Done at Brussels, 5 March 1962.  For the Council  The President  M. COUVE de MURVILLE    ANNEX First list of types of skilled employment within the meaning of Article 2 of this Directive  Employment requiring knowledge equivalent to that of a nuclear engineer or nuclear technician  Employment requiring knowledge in one of the following fields:    - Working conditions peculiar to the nuclear field and designing of nuclear equipment (nuclear engineer and nuclear technician).       - Special mechanical problems in the nuclear field and designing of auxiliary equipment (mechanical engineer and technician).       - Action of radiation on matter, and nuclear properties of the various substances used as fuels, moderators and structural materials for nuclear equipment ; preparation of nuclear substances, reprocessing of irradiated fuels, disposal of radioactive waste or decontamination (chemical engineer and technician).       - Properties of ceramics used in the field of nuclear energy (uranium and thorium oxides, uranium carbide, etc.) (ceramics engineer and technician).       - Properties of structural materials for nuclear reactors, cladding materials for fuels and for metallic fuels ; behaviour of such materials during irradiation and in the presence of the substances used in reactors or in reprocessing facilities (metallurgical engineer and technician).       - Control of nuclear reactors, measurement of radioactivity (electronics engineer and technician).       - Neutron physics of nuclear reactors and essential requirements arising therefrom (thermodynamics engineer and technician).       - Special features and operational supervision of a reactor, and measures necessary in the event of a major breakdown (operating engineer and technician).       - Assessment and checking of the technical safety of the reactor and of the experimental nuclear plant (safety engineer and technician).          Prospector  Employment involving detection with the aid of special instruments (Geiger-Muller counters, etc.) of traces of radioactivity, however slight, in locations indicated by geologists ; interpretation of the information obtained in order to guide later research.  Test driller in uranium mines  Employment requiring skill in directing operations relating to test borings in order to determine the nature of the land and to detect the presence of radioactive materials, and interpretation of the information obtained in order to direct later operations.  Mine superintendent in uranium mines  Employment involving the direction, supervision and/or control of one or more or of all underground sections or activities of a uranium mine, or the carrying out of technical research or complicated measurements and supervision of compliance with safety measures necessitated by the special nature of such mines.  Laboratory technician  Employment involving the study of radioactive ores and the carrying out, in co-operation with analysts, of chemical and physical analyses of samples in order to determine the intensity of radiation of the samples, their chemical composition and other characteristics.  Operative (preparation of fuel elements)  Employment involving the carrying out of operations involved in the fabrication, by forging, of fuel elements, their inspection and testing ; the preparation and acceptance of metallic clads for fuels.  Reactor superintendent  Employment involving the operation of a reactor and requiring knowledge of fundamentals of electronics and reactor dynamics and also ability to interpret diagrams and to locate and repair minor breakdowns.  Reactor operations supervisor  Employment involving the operation of a reactor and requiring good general knowledge plus a thorough knowledge of all the distinctive features of the reactor ; ability to give orders and to take decisions.  Operative in charge of loading, unloading and cooling of nuclear fuels  Employment requiring ability to handle, in accordance with instructions, devices for loading, unloading and cooling nuclear fuels.  Laboratory technician (hot laboratory)  Employment requiring ability to interpret diagrams and to carry out the necessary assembly and adjustment, to undertake a test single-handed in accordance with detailed instructions and to express the results in quantitative terms ; knowledge of the dangers arising from radiation and ability to use remote-control apparatus.  Engineering draughtsman (specialising in the nuclear field)  Employment requiring ability to prepare a simple design from written data and to illustrate it with rapidly executed drawings or sketches, giving visual representation of the subject of the design as defined, and to apply the radiation protection regulations in force.   Operative (particle accelerator)  Employment involving the operation and handling of high-voltage apparatus for electrostatic accelerators ; the construction, use and handling of ion sources ; the handling and the operation of apparatus to detect and measure radioactivity, etc.  Radiation protection officer  Employment involving supervision of the safety of staff operating reactors or of staff in uranium mines or other nuclear installations, and requiring sound knowledge of the dangers arising from radiation and of protection against radiation.  Decontamination officer  Employment requiring ability to carry out, in the event of contamination, the necessary measures and certain special decontamination operations and, if necessary, to take practical measures.


Avis juridique important

|

31987L0416

Council Directive 87/416/EEC of 21 July 1987 amending Directive 85/210/EEC on the approximation of the laws of the Member States concerning the lead content of petrol

Official Journal L 225 , 13/08/1987 P. 0033 - 0034 Finnish special edition: Chapter 15 Volume 8 P. 0008  Swedish special edition: Chapter 15 Volume 8 P. 0008

*****COUNCIL  DIRECTIVE  of 21 July 1987  amending Directive 85/210/EEC on the approximation of the laws of the Member States concerning the lead content of petrol  (87/416/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130 S thereof,  Having regard to the proposal from the Commission (1),  Having regard to the proposal from the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Directive 85/210/EEC (4), as amended by Directive 85/581/EEC (5), obliges Member States to take the necessary measures to ensure the availability and balanced distribution within their territories of unleaded petrol from 1 October 1989;  Whereas serious damage to public health and to the environment has been observed and attributed to lead; whereas, since leaded petrol is a major source of pollution, Member States should be allowed to prohibit the marketing of regular leaded petrol;  Whereas the Community is committed to reducing the use of leaded petrol and whereas this is to be considered as part of a sustained effort to limit further the exposure of the population to lead in the environment;  Whereas the co-existence on the market of too many different types of petrol inhibits increased use of unleaded petrol to the detriment of environmental improvement;  Whereas the withdrawal of regular leaded petrol from the market would entail the use of products which substitute for it;  Whereas vehicles currently running on regular leaded petrol are technically capable of running either on premium leaded petrol or on unleaded petrol;  Whereas it is to be expected that there will be a switch to the use of unleaded petrol where this does not entail excessive costs for the consumer;  Whereas the banning of regular leaded petrol from the market of a Member State should therefore lead to an improvement in the level of environmental and human health protection;  Whereas at least six months' notice should be given to the public before regular leaded petrol is banned from national markets,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Article 2 of Directive 85/210/EEC is hereby replaced by the following:  'Article 2  1. As from the entry into force of this Directive, and subject to paragraphs 2 and 4, Member States shall continue to ensure the availability and balanced distribution of leaded petrol within their territories.  2. If, as the result of a sudden change in the supply of crude oil or petroleum products, it becomes difficult for a Member State to apply the limit on the maximum lead content of leaded petrol, that Member State may, after having informed the Commission, authorize a higher limit within its territory for a period of four months. The Council, acting by a qualified majority on a proposal from the Commission, may extend this period.  3. Member States shall, as soon as they consider it appropriate, reduce to 0,15 g Pb/litre the permitted lead-compound content, calculated in terms of lead, of leaded petrol put on their markets.  4. Member States may prohibit the marketing in their territory of leaded petrol having a motor octane number (MON) lower than 85 at the pump and a research octane number (RON) lower than 95 at the pump if such a measure is justified on grounds of the protection of human health and the environment and promotes the availability and balanced distribution of unleaded petrol within their territory in accordance with Article 3 (1).  5. If a Member State introduces into its rules the prohibition referred to in paragraph 4, it shall give at least six months' notice to the Commission and to the public. The Commission shall immediately inform the other Member States. Within three months of the date on which it receives notification from the Member State, the Commission shall examine the measures envisaged to ensure that they comply with this Directive and with other provisions of Community law.'  Article 2  Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive.  Article 3  This Directive shall enter into force on the day following its notification.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 21 July 1987.  For the Council  The President  Ch. CHRISTENSEN  (1) OJ No C 90, 4. 4. 1987, p. 3.  (2) OJ No C 190, 20. 7. 1987, p. 180.  (3) OJ No C 180, 8. 7. 1987, p. 16.  (4) OJ No L 96, 3. 4. 1985, p. 25.  (5) OJ No L 372, 31. 12. 1985, p. 37.


Avis juridique important

|

31997L0046

Commission Directive 97/46/EC of 25 July 1997 amending Directive 95/44/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections

Official Journal L 204 , 31/07/1997 P. 0043 - 0046

COMMISSION DIRECTIVE 97/46/EC of 25 July 1997 amending Directive 95/44/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selectionsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to 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 (1), as last amended by Commission Directive 97/14/EC (2), and in particular Articles 3 (7) (e), 4 (5), 5 (5) and 12 (3c) thereof,Whereas pursuant to the provisions of Directive 77/93/EEC, harmful organisms listed in its Annexes I and II, whether singly or associated with the relevant plants or plant products listed in Annex II to the said Directive, may not be introduced into and spread by movement within the Community or certain protected zones thereof;Whereas pursuant to Directive 77/93/EC, plants, plant products and other objects listed in its Annex III, may not be introduced into the Community or into certain protected zones thereof;Whereas, also, plants, plant products and other objects listed in Annex IV to the said Directive, may not be introduced into or moved within the Community or certain protected zones thereof unless the relevant special requirements indicated in the said Annex are met;Whereas plants, plant products and other objects listed in Annex V Part B to the Directive 77/93/EC coming from third countries may not be introduced into the Community unless they comply with the standards and requirements laid down in the said Directive and are accompanied by an official phytosanitary certificate, ensuring such compliance, and are moreover inspected on an official basis for compliance with these provisions;Whereas, however, Articles 3 (7) (e), 4 (5), 5 (5) and 12 (3c) of the said Directive provide for those rules not to apply to the introduction and movement of such harmful organisms, plants, plant products and other objects, for trial or scientific purposes and for work on varietal selections, subject to certain conditions which shall be determined at Community level;Whereas Commission Directive 95/44/EC (3) laid down the conditions which must be satisfied in cases of such introductions or movements, in order to ensure that there is no risk of harmful organisms spreading;Whereas in the Member States there is a need to import plants of stolon- or tuber-forming species of Solanum L. or their hybrids, intended for planting, for work on varietal selection, or for gene conservation or scientific research purposes;Whereas Commission Decision 80/862/EEC (4), as last amended by Decision 96/713/EC (5), laid down the conditions which must be satisfied in the case of introductions or movements of the said plants, in order to ensure that there is no risk of harmful organism spreading;Whereas Decision 80/862/EEC, as amended, expires on 31 December 1997 and it is therefore appropriate to incorporate the conditions laid down in that Decision into this Directive;Whereas it is necessary to determine the conditions which must be satisfied in the case of introductions or movements of the said plants, in order to ensure that there is no risk of harmful organism spreading;Whereas these conditions have to take into account new developments in the testing methods for diseases of potato and new information on organisms harmful to potato, for which a test is necessary in order to detect their presence;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 95/44/EC is hereby amended as follows:(1) Article 1 (1) is replaced by the following:'1. Member States shall ensure that for any activity for trial or scientific purposes and for work on varietal selections, hereinafter referred to as "the activities", which would involve the use of harmful organisms, plants, plant products and other objects pursuant to Article 3 (7) (e), 4 (5), 5 (5) or 12 (3c) of Directive 77/93/EEC, hereinafter referred to as "the material", an application shall be submitted to the responsible official bodies prior to the introduction into, or movement within, any Member State or relevant protected zones thereof, of any such material.`;(2) in Annex III, Part A the following text shall be added:'Section IV: Plants of stolon- or tuber-forming species of Solanum L. or their hybrids, intended for planting1. The plant material, as appropriate, shall be subjected to the therapy procedures as laid down in FAO/IPGRI Technical Guidelines.2. Each unit of the plant material, following the therapy procedures carried out in point 1, shall be subjected to indexing procedures. All plant material, including indexing plants, shall be held at the approved facilities under the quarantine containment conditions laid down in Annex I. Plant material intended for approval for official release shall be held under conditions conducive to a normal cycle of vegetative growth and be subjected to visual inspection for signs and symptoms of harmful organisms including all relevant harmful organisms listed in Directive 77/93/EEC and potato yellow vein disease, on arrival and subsequently, at regular intervals until senescence, during the period of the indexing procedures.3. The indexing procedures referred to in point 2 shall follow the technical provisions set out in point 5, in order to detect at least the following harmful organisms:- Bacteria(a) Clavibacter michiganensis (Smith) Davis et al ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al;(b) Pseudomonas solanacearum (Smith) Smith.- Viruses and virus-like organisms(a) Andean potato latent virus,(b) Potato black ringspot virus,(c) Potato spindle tuber viroid,(d) Potato yellowing alfamovirus,(e) Potato virus T,(f) Andean potato mottle virus,(g) Common potato viruses A, M, S, V, X and Y (including Y°, Yn and Yc) and potato leaf roll virusHowever, in the case of true seed of potato, the indexing procedures shall be carried out in order to detect at least the viruses and virus-like organisms listed above at (a) to (e).4. The plant material subjected to the visual inspections referred to in point 2 and on which signs and symptoms of harmful organisms have been observed, shall be subjected to an investigation including testing where necessary, to determine as far as possible, the identity of the harmful organisms causing the signs and symptoms.5. The technical provisions referred to in point 3 shall be as follows:-Bacteria1. For tubers, test the heel end of each tuber. The standard sample size shall be 200 tubers. However, the procedure can be applied conveniently for samples with less than 200 tubers.2. For young plants and cuttings, including micro-plants, test the lower sections of the stem and, where appropriate, the roots, for each unit of the plant material.3. The testing of progeny tubers, or of stem bases for non-tuber forming species, one normal cycle of vegetative growth after the testing referred to in point 1 and 2, is recommended.4. For the material referred to in point 1, the testing method for Clavibacter michiganensis (Smith) Davis et al ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al shall be the Community method set out in Annex I to Council Directive 93/85/EEC (1)(1) OJ No L 259, 18. 10. 1993, p. 1.. For the material referred to in point 2, this testing method could be applied.5. For the material referred to in point 1, the testing method for Pseudomonas solanacearum (Smith) Smith shall be the interim test scheme set out in the Annex to the Commission decision to be taken in order to replace the quarantine procedure No 26 for Pseudomonas solanacearum (Smith) Smith as established by the European and Mediterranean Plant Protection Organization (EPPO). For the material referred to in point 2, this testing method could be applied.- Viruses and virus-like organisms, other than potato spindle tuber viroid1. The minimum testing for vegetative material (tubers, young plants and cuttings, including micro-plants) shall include a serological test done at or near flowering for each of the specified list of harmful organisms other than potato spindle tuber viroid, and followed by a biological test of material testing negative in the serological test. For potato leaf roll virus, two serological tests shall be done.2. The minimum testing for true seed shall be a serological test or a biological test if no serological test is available. Retesting of a proportion of negative samples and testing of borderline results by another method is highly recommended.3. The serological and biological testings referred to in points 1 and 2 shall be done on glasshouse grown plants, sampled from at least two positions on every stem, including a young fully expanded leaflet at the top of each stem and an older leaflet from a midway position; each stem shall be sampled because of possible non-systemic infection. In the case of the serological testing, no bulking of leaflets from separate plants shall be done, unless the bulking rate has been validated for the method of use; leaflets from each stem may however be bulked to make up the sample from each plant. In the case of the biological testing, the maximum bulking is up to five plants with inoculation of a minimum of duplicate indicator plants.4. The appropriate indicator plants to be used for the biological testing referred to in points 1 and 2 shall be those listed by the European and Mediterranean Plant Protection Organization (EPPO), or other officially approved indicator plants, which have been shown to detect the viruses.5. Only material which has been directly tested shall be released from quarantine. Where eye indexing has been done, only the progeny of the tested eye may be released. The tuber should not be released because of possible problems with non-systemic infection.- Potato spindle tuber viroid1. For all material, glasshouse grown plants shall be tested, as soon as they are well established but prior to flowering and pollen production. Testing on tuber sprouts/in vitro plants/small seedlings shall only be regarded as a preliminary test.2. Samples shall be taken from a fully expanded leaflet at the top of each stem of the plant.3. All material for testing shall be grown at temperatures not less than 18 °C (preferably at temperatures higher than 20 °C) and with at least a 16-hour photo-period.4. Testing shall be by radioactive or non-radioactive labeled cDNA or RNA-probes, return-PAGE (with silver staining) or RT-PCR.5. The maximum bulking rate for probes and return-PAGE is 5. Use of this or higher bulking rates must be validated.`Article 2 1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive on 1 January 1998. They shall immediately 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.2. Member States shall immediately communicate to the Commission all provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.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, 25 July 1997.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 26, 31. 1. 1977, p. 20.(2) OJ No L 87, 2. 4. 1997, p. 17.(3) OJ No L 184, 3. 8. 1995, p. 34.(4) OJ No L 248, 19. 9. 1980, p. 25.(5) OJ No L 326, 17. 12. 1996, p. 70.


title: Commission Directive 2005/4/EC of 19 January 2005 amending Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffsText with EEA relevance

text:
               21.1.2005

               EN

               Official Journal of the European Union

               L 19/50

      COMMISSION DIRECTIVE 2005/4/EC
   of 19 January 2005
   amending Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (1), and in particular Article 1 thereof,
   Whereas:

               (1)

               Commission Directive 2001/22/EC of 8 March 2001 lays down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs (2).

               (2)

               It is necessary to include updated standard information for contaminants in food, in particular to take into account the measurement uncertainty for analysis.

               (3)

               It is of major importance that analytical results are reported and interpreted in a uniform way in order to ensure a harmonised enforcement approach across the European Union.

               (4)

               Directive 2001/22/EC should therefore be amended accordingly.

               (5)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 2001/22/EC is amended as set out in Annex I to this Directive.
   Annex II to Directive 2001/22/EC is amended as set out in Annex II to this Directive
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive within twelve months after entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall 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 texts 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 twentieth day following that of its publication in the Official Journal of the European Union.
   This Directive is addressed to the Member States.

      Done at Brussels, 19 January 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 372, 31.12.1985, p. 50.

      (2)  OJ L 77, 16.3.2001, p. 14.

      ANNEX I
      In Annex I to Directive 2001/22/EC, point 5 is replaced by the following:

         ‘5.   COMPLIANCE OF THE LOT OR SUBLOT WITH THE SPECIFICATION
         The control laboratory shall analyse the laboratory sample for enforcement at least in two independent analyses, and calculate the mean of the results.
         The lot is accepted if the mean does not exceed the respective maximum level as laid down in Regulation (EC) No 466/2001, taking into account the expanded measurement uncertainty and correction for recovery (1).
         The lot is rejected if the mean exceeds the respective maximum level beyond reasonable doubt, taking into account the expanded measurement uncertainty and correction for recovery.
         The present interpretation rules are of application for the analytical result obtained on the sample for official control. In case of analysis for defence or referee purposes, the national rules apply.’

      ANNEX II
      Annex II to Directive 2001/22/EC is amended as follows:

                  1.

                  In point 3. ‘Method of analysis to be used by the laboratory and laboratory control requirements’, the following point 3.3.3. is inserted after Table 4:
                  ‘3.3.3.   Performance Criteria — Uncertainty Function Approach
                  However, an uncertainty approach may also be used to assess the suitability of the method of analysis to be used by the laboratory. The laboratory may use a method which will produce results within a maximum standard uncertainty. The maximum standard uncertainty can be calculated using the following formula:

                  where:

                     Uf is the maximum standard uncertainty
                  LOD is the limit of detection of the method
                  C is the concentration of interest
                  α is a numeric factor to be used depending on the value of C. The values to be used are given in the table below:

                              C (μg/kg)

                              α

                              ≤ 50

                              0,2

                              51-500

                              0,18

                              501-1 000

                              0,15

                              1 001-10 000

                              0,12

                              ≥ 10 000

                              0,1

                        and U is the expanded uncertainty, using a coverage factor of 2 which gives a level of confidence of approximately 95 %.
                  If an analytical method provides results with uncertainty measurements less than the maximum standard uncertainty the method will be equally suitable to one which meets the performance characteristics given above.’

                  2.

                  Point 3.4. is replaced by the following:
                  ‘3.4.   Estimation of the analytical trueness, recovery calculations and reporting of results
                  Wherever possible the trueness of analysis shall be estimated by including suitable certified reference materials in the analysis.
                  The analytical result is to be reported corrected or uncorrected for recovery. The manner of reporting and the level of recovery must be reported.
                  The analyst should note the “European Commission Report on the relationship between analytical results, the measurement of uncertainty, recovery factors and the provisions in EU food legislation”(1).
                  The analytical result has to be reported as x +/– U whereby x is the analytical result and U is the measurement uncertainty.
                  REFERENCES

                              (1)

                              European Commission Report on the relationship between analytical results, the measurement of uncertainty, recovery factors and the provisions in EU food legislation, 2004
                              (http://europa.eu.int/comm/food/food/chemicalsafety/contaminants/sampling_en.htm).’


Avis juridique important

|

31986L0246

Council Directive 86/246/EEC of 16 June 1986 amending Directive 72/464/EEC on taxes other than turnover taxes which affect the consumption of manufactured tobacco

Official Journal L 164 , 20/06/1986 P. 0026 - 0026 Finnish special edition: Chapter 9 Volume 1 P. 0129  Swedish special edition: Chapter 9 Volume 1 P. 0129

*****COUNCIL  DIRECTIVE  of 16 June 1986  amending Directive 72/464/EEC on taxes other than turnover taxes which affect the consumption of manufactured tobacco  (86/246/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Articles 99 and 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 under Directive 72/464/EEC (3), as last amended by Directive 84/217/EEC (4), the transition from one stage of harmonization to the next is to be decided on by the Council on a proposal from the Commission;  Whereas the second stage of harmonization, introduced on 1 July 1978 by Directive 77/805/EEC (5) expired on 31 December 1985;  Whereas the special criteria applicable during the third stage are dealt with in a proposal for a Directive submitted by the Commission (6); whereas the Council has not yet acted on that proposal;  Whereas, in these circumstances, an additional extension of the second stage is necessary; whereas no specific time limit should be placed on this extension,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Article 10a (1) of Directive 72/464/EEC is hereby replaced by the following text:  '1. The second stage of harmonization of the structures of the excise duty on manufactured tobacco shall run from 1 July 1978.'  Article 2  This Directive shall apply as from 1 January 1986.  Article 3  This Directive is addressed to the Member States.  Done at Luxembourg, 16 June 1986.  For the Council  The President  H. RUDING  (1) OJ No C 88, 14. 4. 1986, p. 114.  (2) OJ No C 75, 3. 4. 1986, p. 11.  (3) OJ No L 303, 31. 12. 1972, p. 1.  (4) OJ No L 104, 17. 4. 1984, p. 18.  (5) OJ No L 338, 20. 12. 1977, p. 22.  (6) OJ No C 264, 11. 10. 1980, p. 6.


Avis juridique important

|

31970L0189

Council Directive 70/189/EEC of 6 March 1970 amending the Directives of 27 June 1967 and 13 March 1969 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

Official Journal L 059 , 14/03/1970 P. 0033 - 0033 Finnish special edition: Chapter 13 Volume 1 P. 0134  Danish special edition: Series I Chapter 1970(I) P. 0128  Swedish special edition: Chapter 13 Volume 1 P. 0134  English special edition: Series I Chapter 1970(I) P. 0147  Greek special edition: Chapter 13 Volume 1 P. 0067  Spanish special edition: Chapter 13 Volume 1 P. 0194  Portuguese special edition Chapter 13 Volume 1 P. 0194

COUNCIL DIRECTIVE  of 6 March 1970  amending the Directives of 27 June 1967 and 13 March 1969 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances  (70/189/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Whereas Article 10 of the Council Directive of 27 June 1967 (1) on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, and Article 2 of the Council Directive of 13 March 1969 (2) amending that Directive, lay down that Member States should adopt the measures needed in order to comply with those Directives and apply them by 1 January 1970;  Whereas unexpected difficulties have arisen in the course of the work in connection with the implementation of those Directives ; whereas, therefore, it is advisable to extend the above time limit;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The time limit laid down in the first paragraph of Article 10 of the Council Directive of 27 June 1967 and in the first paragraph of Article 2 of the Council Directive of 13 March 1969 shall be extended to 1 January 1971.   Article 2 This Directive is addressed to the Member States.     Done at Brussels, 6 March 1970.  For the Council  The President  P. HARMEL  (1)OJ No 196, 16.8.1967, p. 1. (2)OJ No L 68, 19.3.1969, p. 1.


title: Commission Directive 2005/27/EC of 29 March 2005 amending, for the purposes of its adaptation to technical progress, Directive 2003/97/EC of the European Parliament and of the Council, concerning the approximation of the laws of the Member States relating to the type-approval of devices for indirect vision and of vehicles equipped with these devicesText with EEA relevance

text:
               30.3.2005

               EN

               Official Journal of the European Union

               L 81/44

         COMMISSION DIRECTIVE 2005/27/EC
   of 29 March 2005
   amending, for the purposes of its adaptation to technical progress, Directive 2003/97/EC of the European Parliament and of the Council, concerning the approximation of the laws of the Member States relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices
   (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 Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the approximation of the laws of the Member States relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices, amending Directive 70/156/EEC and repealing Directive 71/127/EEC (2) and in particular Article 2 thereof,
   Whereas:

               (1)

               Directive 2003/97/EC is one of the separate Directives in the context of the Community type-approval procedure under Directive 70/156/EEC. The provisions of Directive 70/156/EEC relating to systems, components and separate technical units for vehicles therefore apply to Directive 2003/97/EC.

               (2)

               In order to reduce the blind spot of N2 vehicles of mass not exceeding 7,5 tonnes, it is necessary to modify certain requirements laid down in Directive 2003/97/EC.

               (3)

               Since 2003, technical progress with regard to rear view mirrors has advanced considerably. It is now possible to install wide-angle rear-view mirrors on some N2 vehicles of mass not exceeding 7,5 tonnes. It is therefore appropriate to amend Directive 2003/97/EC by extending the obligation to fit Class IV wide-angle mirrors to those vehicles of category N2 having a cabin similar to that of N3 vehicles. The appropriate criterion for distinguishing the two types of N2 vehicles should be whether a class V close-proximity mirror can be fitted.

               (4)

               Vehicles having seats with a fixed seat-back angle would not be able to fulfil the standard requirements. A correction factor for such vehicles should therefore be introduced.

               (5)

               It is also appropriate to amend the administrative provisions for type-approval by introducing the distinguishing numbers of the Member States which acceded to the Community on 1 May 2004.

               (6)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes I and III to Directive 2003/97/EC are amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 October 2005 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the 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 twentieth 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, 29 March 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 25, 29.1.2004, p. 1.

      ANNEX
      Annexes I and III to Directive 2003/97/EC are amended as follows:

                  1.

                  In Annex I, item 1.1.1.12, after the first sentence, the following new sentence is inserted:
                  ‘In the case of a seat with fixed seat-back angle, the location of the ocular points shall be adjusted in accordance with the provisions of Appendix 7 to this Annex.’

                  2.

                  In Appendix 5 to Annex I, the following is added to the enumeration of distinguishing numbers in point 1.1:
                  ‘“8 for the Czech Republic,”, “29 for Estonia,”, “49 for Cyprus, 32 for Latvia, 36 for Lithuania,”, “7 for Hungary, 50 for Malta,”, “20 for Poland,”, “26 for Slovenia, 27 for Slovakia”’.

                  3.

                  In Annex I, the following Appendix 7 is added:

                     ‘Appendix 7
                     Determination of the ocular points for a seat with a fixed seat-back angle

                                 1.

                                 The position of the ocular points in relation to the R point shall be adjusted as indicated in the table below by X coordinates from the three-dimensional reference grid. The table indicates the basic coordinates for a fixed seat-back angle of 25 degrees. The three-dimensional reference grid for the coordinates is as defined in point 2.3 of Annex I to Directive 77/649/EEC as amended.

                                             Seat back angle

                                             Horizontal coordinates

                                                (in degrees)

                                             ΔX

                                             25

                                             68 mm

                                 2.

                                 Further correction for fixed seat-back angles other than 25
                                 The table below indicates the further corrections, from the ocular position with a fixed seat-back angle of 25 degrees, to be made to the X and Z coordinates of the ocular points when the design seat-back angle is not 25 degrees.

                                             Seat-back angle

                                             Horizontal coordinates

                                             Vertical coordinates

                                                (in degrees)

                                             ΔX

                                             ΔZ

                                             5

                                             – 186 mm

                                             28 mm

                                             6

                                             – 177 mm

                                             27 mm

                                             7

                                             – 167 mm

                                             27 mm

                                             8

                                             – 157 mm

                                             27 mm

                                             9

                                             – 147 mm

                                             26 mm

                                             10

                                             – 137 mm

                                             25 mm

                                             11

                                             – 128 mm

                                             24 mm

                                             12

                                             – 118 mm

                                             23 mm

                                             13

                                             – 109 mm

                                             22 mm

                                             14

                                             – 99 mm

                                             21 mm

                                             15

                                             – 90 mm

                                             20 mm

                                             16

                                             – 81 mm

                                             18 mm

                                             17

                                             – 72 mm

                                             17 mm

                                             18

                                             – 62 mm

                                             15 mm

                                             19

                                             – 53 mm

                                             13 mm

                                             20

                                             – 44 mm

                                             11 mm

                                             21

                                             – 35 mm

                                             9 mm

                                             22

                                             – 26 mm

                                             7 mm

                                             23

                                             – 18 mm

                                             5 mm

                                             24

                                             – 9 mm

                                             3 mm

                                             25

                                             0 mm

                                             0 mm

                                             26

                                             9 mm

                                             – 3 mm

                                             27

                                             17 mm

                                             – 5 mm

                                             28

                                             26 mm

                                             – 8 mm

                                             29

                                             34 mm

                                             – 11 mm

                                             30

                                             43 mm

                                             – 14 mm

                                             31

                                             51 mm

                                             – 18 mm

                                             32

                                             59 mm

                                             – 21 mm

                                             33

                                             67 mm

                                             – 24 mm

                                             34

                                             76 mm

                                             – 28 mm

                                             35

                                             84 mm

                                             – 32 mm

                                             36

                                             92 mm

                                             – 35 mm

                                             37

                                             100 mm

                                             – 39 mm

                                             38

                                             108 mm

                                             – 43 mm

                                             39

                                             115 mm

                                             – 48 mm

                                             40

                                             123 mm

                                             – 52 mm’

                  4.

                  In the table in Annex III and in the cell for Class IV wide-angle mirrors for motor vehicles of category N2 ≤ 7,5 t, the text is replaced by the following:
                  ‘Compulsory
                  For both sides if a Class V mirror can be fitted
                  Optional
                  For both sides together if not’;

                  5.

                  In the table in Annex III and in the cell for Class V close-proximity mirrors for motor vehicles of category N2 ≤ 7,5 t, the text is replaced by the following:
                  ‘Compulsory, see Annex III items 3.7 and 5.5.5
                  One on the passenger’s side
                  Optional
                  One on the driver’s side
                  (both must be fitted at least 2 m above the ground)
                  A tolerance of + 10 cm may be applied’.