title: Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (Text with EEA relevance)

text:
               18.3.2010

               EN

               Official Journal of the European Union

               L 68/13

         COUNCIL DIRECTIVE 2010/18/EU
   of 8 March 2010
   implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC
   (Text with EEA relevance)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 155(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 153 of the Treaty on the Functioning of the European Union (the ‘TFEU’) enables the Union to support and complement the activities of the Member States, inter alia in the field of equality between men and women with regard to labour market opportunities and treatment at work.

               (2)

               Social dialogue at Union level may, in accordance with Article 155(1) of the TFEU, lead to contractual relations, including agreements, should management and labour (the ‘social partners’) so desire. The social partners may, in accordance with Article 155(2) of the TFEU, request jointly that agreements concluded by them at Union level in matters covered by Article 153 of the TFEU be implemented by a Council decision on a proposal from the Commission.

               (3)

               A Framework Agreement on parental leave was concluded by the European cross-industry social partner organisations (ETUC, UNICE and CEEP) on 14 December 1995 and was given legal effect by Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (1). That Directive was amended and extended to the United Kingdom of Great Britain and Northern Ireland by Council Directive 97/75/EC (2). Directive 96/34/EC contributed greatly to improving the opportunities available to working parents in the Member States to better reconcile their work and family responsibilities through leave arrangements.

               (4)

               In accordance with Article 138(2) and (3) of the Treaty establishing the European Community (the ‘EC Treaty’) (3), the Commission consulted the European social partners in 2006 and 2007 on ways of further improving the reconciliation of work, private and family life and, in particular, the existing Community legislation on maternity protection and parental leave, and on the possibility of introducing new types of family-related leave, such as paternity leave, adoption leave and leave to care for family members.

               (5)

               The three European general cross-industry social partner organisations (ETUC, CEEP and BUSINESSEUROPE, formerly named UNICE) and the European cross-industry social partner organisation representing a certain category of undertakings (UEAPME) informed the Commission on 11 September 2008 of their wish to enter into negotiations, in accordance with Article 138(4) and Article 139 of the EC Treaty (4), with a view to revising the Framework Agreement on parental leave concluded in 1995.

               (6)

               On 18 June 2009, those organisations signed the revised Framework Agreement on parental leave (the ‘revised Framework Agreement’) and addressed a joint request to the Commission to submit a proposal for a Council decision implementing that revised Framework Agreement.

               (7)

               In the course of their negotiations, the European social partners completely revised the 1995 Framework Agreement on parental leave. Therefore Directive 96/34/EC should be repealed and replaced by a new directive rather than being simply amended.

               (8)

               Since the objectives of the Directive, namely to improve the reconciliation of work, private and family life for working parents and equality between men and women with regard to labour market opportunities and treatment at work across the Union, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

               (9)

               When drafting its proposal for a Directive, the Commission took account of the representative status of the signatory parties to the revised Framework Agreement, their mandate and the legality of the clauses in that revised Framework Agreement and its compliance with the relevant provisions concerning small and medium-sized undertakings.

               (10)

               The Commission informed the European Parliament and the European Economic and Social Committee of its proposal.

               (11)

               Clause 1(1) of the revised Framework Agreement, in line with the general principles of Union law in the social policy area, states that the Agreement lays down minimum requirements.

               (12)

               Clause 8(1) of the revised Framework Agreement states that the Member States may apply or introduce more favourable provisions than those set out in the Agreement.

               (13)

               Clause 8(2) of the revised Framework Agreement states that the implementation of the provisions of the Agreement shall not constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by the Agreement.

               (14)

               Member States should provide for effective, proportionate and dissuasive penalties in the event of any breach of the obligations under this Directive.

               (15)

               Member States may entrust the social partners, at their joint request, with the implementation of this Directive, as long as such Member States take all the steps necessary to ensure that they can at all times guarantee the results imposed by this Directive.

               (16)

               In accordance with point 34 of the Interinstitutional agreement on better law-making (5), Member States are encouraged to draw up, for themselves and in the interests of the Union, their own tables which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   This Directive puts into effect the revised Framework Agreement on parental leave concluded on 18 June 2009 by the European cross-industry social partner organisations (BUSINESSEUROPE, UEAPME, CEEP and ETUC), as set out in the Annex.
   Article 2
   Member States shall determine what penalties are applicable when national provisions enacted pursuant to this Directive are infringed. The penalties shall be effective, proportionate and dissuasive.
   Article 3
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive or shall ensure that the social partners have introduced the necessary measures by agreement by 8 March 2012 at the latest. They shall forthwith inform the Commission thereof.
   When those provisions are adopted by Member States, 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.
   2.   Member States may have a maximum additional period of one year to comply with this Directive, if this is necessary to take account of particular difficulties or implementation by collective agreement. They shall inform the Commission thereof by 8 March 2012 at the latest, stating the reasons for which an additional period is required.
   3.   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 4
   Directive 96/34/EC shall be repealed with effect from 8 March 2012. References to Directive 96/34/EC shall be construed as references to this Directive.
   Article 5
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 8 March 2010.

            For the Council

            The President

         C. CORBACHO

      (1)  OJ L 145, 19.6.1996, p. 4.

      (2)  OJ L 10, 16.1.1998, p. 24

      (3)  Renumbered: Article 154(2) and (3) of the TFEU.

      (4)  Renumbered: Articles 154(4) and 155 of the TFEU.

      (5)  OJ C 321, 31.12.2003, p. 1.

      ANNEX

         FRAMEWORK AGREEMENT ON PARENTAL LEAVE (REVISED)

         18 June 2009

      This framework agreement between the European social partners, BUSINESSEUROPE, UEAPME, CEEP and ETUC (and the liaison committee Eurocadres/CEC) revises the framework agreement on parental leave, concluded on 14 December 1995, setting out the minimum requirements on parental leave, as an important means of reconciling professional and family responsibilities and promoting equal opportunities and treatment between men and women.
      The European social partners request the Commission to submit this framework agreement to the Council for a Council decision making these requirements binding in the Member States of the European Union.
      I.   General considerations

                  1.

                  Having regard to the EC Treaty and in particular Articles 138 and 139 thereof (1);

                  2.

                  Having regard to Articles 137(1)(c) and 141 of the EC Treaty (2) and the principle of equal treatment (Articles 2, 3 and 13 of the EC Treaty (3)) and the secondary legislation based on this, in particular Council Directive 75/117/EEC on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (4); Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (5); Council Directive 96/97/EC amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes (6); and Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (7);

                  3.

                  Having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 and Articles 23 and 33 thereof relating to equality between men and women and reconciliation of professional, private and family life;

                  4.

                  Having regard to the 2003 Report from the Commission on the Implementation of Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC;

                  5.

                  Having regard to the objective of the Lisbon strategy on growth and jobs of increasing overall employment rates to 70 %, women’s employment rates to 60 % and the employment rates of older workers to 50 %; to the Barcelona targets on the provision of childcare facilities; and to the contribution of policies to improve reconciliation of professional, private and family life in achieving these targets;

                  6.

                  Having regard to the European social partners’ Framework of Actions on Gender Equality of 22 March 2005 in which supporting work-life balance is addressed as a priority area for action, while recognising that, in order to continue to make progress on the issue of reconciliation, a balanced, integrated and coherent policy mix must be put in place, comprising of leave arrangements, working arrangements and care infrastructures;

                  7.

                  Whereas measures to improve reconciliation are part of a broader policy agenda to address the needs of employers and workers and improve adaptability and employability, as part of a flexicurity approach;

                  8.

                  Whereas family policies should contribute to the achievement of gender equality and be looked at in the context of demographic changes, the effects of an ageing population, closing the generation gap, promoting women’s participation in the labour force and the sharing of care responsibilities between women and men;

                  9.

                  Whereas the Commission has consulted the European social partners in 2006 and 2007 in a first and second stage consultation on reconciliation of professional, private and family life, and, among other things, has addressed the issue of updating the regulatory framework at Community level, and has encouraged the European social partners to assess the provisions of their framework agreement on parental leave with a view to its review;

                  10.

                  Whereas the Framework agreement of the European social partners of 1995 on parental leave has been a catalyst for positive change, ensured common ground on work life balance in the Member States and played a significant role in helping working parents in Europe to achieve better reconciliation; however, on the basis of a joint evaluation, the European social partners consider that certain elements of the agreement need to be adapted or revised in order to better achieve its aims;

                  11.

                  Whereas certain aspects need to be adapted, taking into account the growing diversity of the labour force and societal developments including the increasing diversity of family structures, while respecting national law, collective agreements and/or practice;

                  12.

                  Whereas in many Member States encouraging men to assume an equal share of family responsibilities has not led to sufficient results; therefore, more effective measures should be taken to encourage a more equal sharing of family responsibilities between men and women;

                  13.

                  Whereas many Member States already have a wide variety of policy measures and practices relating to leave facilities, childcare and flexible working arrangements, tailored to the needs of workers and employers and aiming to support parents in reconciling their professional, private and family life; these should be taken into account when implementing this agreement;

                  14.

                  Whereas this framework agreement provides one element of European social partners’ actions in the field of reconciliation;

                  15.

                  Whereas this agreement is a framework agreement setting out minimum requirements and provisions for parental leave, distinct from maternity leave, and for time off from work on grounds of force majeure, and refers back to Member States and social partners for the establishment of conditions for access and modalities of application in order to take account of the situation in each Member State;

                  16.

                  Whereas the right of parental leave in this agreement is an individual right and in principle non-transferable, and Member States are allowed to make it transferable. Experience shows that making the leave non-transferable can act as a positive incentive for the take up by fathers, the European social partners therefore agree to make a part of the leave non-transferable;

                  17.

                  Whereas it is important to take into account the special needs of parents with children with disabilities or long term illness;

                  18.

                  Whereas Member States should provide for the maintenance of entitlements to benefits in kind under sickness insurance during the minimum period of parental leave;

                  19.

                  Whereas Member States should also, where appropriate under national conditions and taking into account the budgetary situation, consider the maintenance of entitlements to relevant social security benefits as they stand during the minimum period of parental leave as well as the role of income among other factors in the take-up of parental leave when implementing this agreement;

                  20.

                  Whereas experiences in Member States have shown that the level of income during parental leave is one factor that influences the take up by parents, especially fathers;

                  21.

                  Whereas the access to flexible working arrangements makes it easier for parents to combine work and parental responsibilities and facilitates the reintegration into work, especially after returning from parental leave;

                  22.

                  Whereas parental leave arrangements are meant to support working parents during a specific period of time, aimed at maintaining and promoting their continued labour market participation; therefore, greater attention should be paid to keeping in contact with the employer during the leave or by making arrangements for return to work;

                  23.

                  Whereas this agreement takes into consideration the need to improve social policy requirements, to enhance the competitiveness of the European Union economy and to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium sized undertakings;

                  24.

                  Whereas the social partners are best placed to find solutions that correspond to the needs of both employers and workers and shall therefore play a special role in the implementation, application, monitoring and evaluation of this agreement, in the broader context of other measures to improve the reconciliation of professional and family responsibilities and to promote equal opportunities and treatment between men and women.

            THE SIGNATORY PARTIES HAVE AGREED THE FOLLOWING:
      II.   Content

         Clause 1:   Purpose and scope

                  1.

                  This agreement lays down minimum requirements designed to facilitate the reconciliation of parental and professional responsibilities for working parents, taking into account the increasing diversity of family structures while respecting national law, collective agreements and/or practice.

                  2.

                  This agreement applies to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State.

                  3.

                  Member States and/or social partners shall not exclude from the scope and application of this agreement workers, contracts of employment or employment relationships solely because they relate to part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency.

         Clause 2:   Parental leave

                  1.

                  This agreement entitles men and women workers to an individual right to parental leave on the grounds of the birth or adoption of a child to take care of that child until a given age up to eight years to be defined by Member States and/or social partners.

                  2.

                  The leave shall be granted for at least a period of four months and, to promote equal opportunities and equal treatment between men and women, should, in principle, be provided on a non-transferable basis. To encourage a more equal take-up of leave by both parents, at least one of the four months shall be provided on a non-transferable basis. The modalities of application of the non-transferable period shall be set down at national level through legislation and/or collective agreements taking into account existing leave arrangements in the Member States.

         Clause 3:   Modalities of application

                  1.

                  The conditions of access and detailed rules for applying parental leave shall be defined by law and/or collective agreements in the Member States, as long as the minimum requirements of this agreement are respected. Member States and/or social partners may, in particular:

                              (a)

                              decide whether parental leave is granted on a full-time or part-time basis, in a piecemeal way or in the form of a time-credit system, taking into account the needs of both employers and workers;

                              (b)

                              make entitlement to parental leave subject to a period of work qualification and/or a length of service qualification which shall not exceed one year; Member States and/or social partners shall ensure, when making use of this provision, that in case of successive fixed term contracts, as defined in Council Directive 1999/70/EC on fixed-term work, with the same employer the sum of these contracts shall be taken into account for the purpose of calculating the qualifying period;

                              (c)

                              define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, is allowed to postpone the granting of parental leave for justifiable reasons related to the operation of the organisation. Any problem arising from the application of this provision should be dealt with in accordance with national law, collective agreements and/or practice;

                              (d)

                              in addition to (c), authorise special arrangements to meet the operational and organisational requirements of small undertakings.

                  2.

                  Member States and/or social partners shall establish notice periods to be given by the worker to the employer when exercising the right to parental leave, specifying the beginning and the end of the period of leave. Member States and/or social partners shall have regard to the interests of workers and of employers in specifying the length of such notice periods.

                  3.

                  Member States and/or social partners should assess the need to adjust the conditions for access and modalities of application of parental leave to the needs of parents of children with a disability or a long-term illness.

         Clause 4:   Adoption

                  1.

                  Member States and/or social partners shall assess the need for additional measures to address the specific needs of adoptive parents.

         Clause 5:   Employment rights and non-discrimination

                  1.

                  At the end of parental leave, workers shall have the right to return to the same job or, if that is not possible, to an equivalent or similar job consistent with their employment contract or employment relationship.

                  2.

                  Rights acquired or in the process of being acquired by the worker on the date on which parental leave starts shall be maintained as they stand until the end of parental leave. At the end of parental leave, these rights, including any changes arising from national law, collective agreements and/or practice, shall apply.

                  3.

                  Member States and/or social partners shall define the status of the employment contract or employment relationship for the period of parental leave.

                  4.

                  In order to ensure that workers can exercise their right to parental leave, Member States and/or social partners shall take the necessary measures to protect workers against less favourable treatment or dismissal on the grounds of an application for, or the taking of, parental leave in accordance with national law, collective agreements and/or practice.

                  5.

                  All matters regarding social security in relation to this agreement are for consideration and determination by Member States and/or social partners according to national law and/or collective agreements, taking into account the importance of the continuity of the entitlements to social security cover under the different schemes, in particular health care.
                  All matters regarding income in relation to this agreement are for consideration and determination by Member States and/or social partners according to national law, collective agreements and/or practice, taking into account the role of income – among other factors – in the take-up of parental leave.

         Clause 6:   Return to work

                  1.

                  In order to promote better reconciliation, Member States and/or social partners shall take the necessary measures to ensure that workers, when returning from parental leave, may request changes to their working hours and/or patterns for a set period of time. Employers shall consider and respond to such requests, taking into account both employers’ and workers’ needs.
                  The modalities of this paragraph shall be determined in accordance with national law, collective agreements and/or practice.

                  2.

                  In order to facilitate the return to work following parental leave, workers and employers are encouraged to maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and/or practice.

         Clause 7:   Time off from work on grounds of force majeure

                  1.

                  Member States and/or social partners shall take the necessary measures to entitle workers to time off from work, in accordance with national legislation, collective agreements and/or practice, on grounds of force majeure for urgent family reasons in cases of sickness or accident making the immediate presence of the worker indispensable.

                  2.

                  Member States and/or social partners may specify the conditions of access and detailed rules for applying clause 7.1 and limit this entitlement to a certain amount of time per year and/or per case.

         Clause 8:   Final provisions

                  1.

                  Member States may apply or introduce more favourable provisions than those set out in this agreement.

                  2.

                  Implementation of the provisions of this agreement shall not constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this agreement. This shall not prejudice the right of Member States and/or social partners to develop different legislative, regulatory or contractual provisions, in the light of changing circumstances (including the introduction of non-transferability), as long as the minimum requirements provided for in the present agreement are complied with.

                  3.

                  This agreement shall not prejudice the right of social partners to conclude, at the appropriate level including European level, agreements adapting and/or complementing the provisions of this agreement in order to take into account particular circumstances.

                  4.

                  Member States shall adopt the laws, regulations and administrative provisions necessary to comply with the Council decision within a period of two years from its adoption or shall ensure that social partners introduce the necessary measures by way of agreement by the end of this period. Member States may, if necessary to take account of particular difficulties or implementation by collective agreements, have up to a maximum of one additional year to comply with this decision.

                  5.

                  The prevention and settlement of disputes and grievances arising from the application of this agreement shall be dealt with in accordance with national law, collective agreements and/or practice.

                  6.

                  Without prejudice to the respective role of the Commission, national courts and the European Court of Justice, any matter relating to the interpretation of this agreement at European level should, in the first instance, be referred by the Commission to the signatory parties who will give an opinion.

                  7.

                  The signatory parties shall review the application of this agreement five years after the date of the Council decision if requested by one of the parties to this agreement.

         Done at Brussels, 18 June 2009.

            For ETUC
            John Monks
            General Secretary
            On behalf of the trade union delegation

            For BUSINESSEUROPE
            Philippe de Buck
            Director General

            For UEAPME
            Andrea Benassi
            Secretary General

            For CEEP
            Ralf Resch
            General Secretary

         (1)  Renumbered: Articles 154 and 155 of the TFEU.

         (2)  Renumbered: Articles 153(1)c and 157 of the TFEU.

         (3)  Article 2 of the EC Treaty is repealed and replaced, in substance, by Article 3 of the Treaty on the European Union. Article 3(1) of the EC Treaty is repealed and replaced, in substance, by Articles 3 to 6 of the TFEU. Article 3(2) of the EC Treaty is renumbered as Article 8 of the TFEU. Article 13 of the EC Treaty is renumbered as Article 19 of the TFEU.

         (4)  OJ L 45, 19.2.1975, p. 19–20.

         (5)  OJ L 348, 28.11.1992, p. 1–8.

         (6)  OJ L 46, 17.2.1997, p. 20–24.

         (7)  OJ L 204, 26.7.2006, p. 23–36.


title: Commission Directive 2011/28/EU of 4 March 2011 amending Council Directive 91/414/EEC to include indolylbutyric acid as active substance and amending Commission Decision 2008/941/EC  Text with EEA relevance

text:
               5.3.2011

               EN

               Official Journal of the European Union

               L 60/17

         COMMISSION DIRECTIVE 2011/28/EU
   of 4 March 2011
   amending Council Directive 91/414/EEC to include indolylbutyric acid as active substance and amending Commission Decision 2008/941/EC
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulations (EC) No 1112/2002 (2) and (EC) No 2229/2004 (3) lay down the detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list included indolylbutyric acid.

               (2)

               In accordance with Article 24e of Regulation (EC) No 2229/2004 the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from receipt of the draft assessment report. Consequently, Commission Decision 2008/941/EC of 8 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (4) was adopted on the non-inclusion of indolylbutyric acid.

               (3)

               Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the application of the accelerated procedure provided for in Articles 14 to 19 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (5).

               (4)

               The application was submitted to France, which had been designated rapporteur Member State by Regulation (EC) No 2229/2004. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/941/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

               (5)

               France evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 26 January 2010. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on indolylbutyric acid to the Commission on 3 September 2010 (6). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 28 January 2011 in the format of the Commission review report for indolylbutyric acid.

               (6)

               It has appeared from the various examinations made that plant protection products containing indolylbutyric acid may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which have been examined and detailed in the Commission review report. It is therefore appropriate to include indolylbutyric acid in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.

               (7)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the applicant submit further information confirming: the absence of clastogenicity potential of indolylbutyric acid, the vapour pressure of indolylbutyric acid and, consequently, an inhalation toxicity study, and the natural background concentration of indolylbutyric acid in the soil.

               (8)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

               (9)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of 6 months after inclusion to review existing authorisations of plant protection products containing indolylbutyric acid to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

               (10)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (7) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I.

               (11)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (12)

               Decision 2008/941/EC provides for the non-inclusion of indolylbutyric acid and the withdrawal of authorisation of plant protection products containing that substance by 31 December 2011. It is necessary to delete the line concerning indolylbutyric acid in the Annex to that Decision.

               (13)

               It is therefore appropriate to amend Decision 2008/941/EC accordingly.

               (14)

               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 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   The line concerning indolylbutyric acid in the Annex to Decision 2008/941/EC is deleted.
   Article 3
   Member States shall adopt and publish by 30 November 2011 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 December 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 4
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing indolylbutyric acid as an active substance by 30 November 2011.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to indolylbutyric acid are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing indolylbutyric acid as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning indolylbutyric acid. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing indolylbutyric acid as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or

               (b)

               in the case of a product containing indolylbutyric acid as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 5
   This Directive shall enter into force on 1 June 2011.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 4 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 168, 27.6.2002, p. 14.

      (3)  OJ L 379, 24.12.2004, p. 13.

      (4)  OJ L 335, 13.12.2008, p. 91.

      (5)  OJ L 15, 18.1.2008, p. 5.

      (6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance indolylbutyric acid. EFSA Journal 2010;8(9):1720. [42 pp.] doi:10.2903/j.efsa.2010.1720. Available online: www.efsa.europa.eu/efsajournal.htm

      (7)  OJ L 366, 15.12.1992, p. 10.

      ANNEX
      The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

                     No

                     Common name, Identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘333

                     Indolylbutyric acid
                     CAS No 133-32-4
                     CIPAC No 830

                        4-(1H-indol-3-yl)butyric acid

                     ≥ 994 g/kg

                     1 June 2011

                     31 May 2021

                     PART A
                     Only uses as plant growth regulator in ornamentals may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on indolylbutyric acid, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 28 January 2011 shall be taken into account.
                     In this overall assessment Member States shall pay particular attention to the operators and workers safety. Conditions of authorisation shall include the application of adequate personal protective equipment and risk mitigation measures to reduce the exposure.
                     The Member States concerned shall request the submission of further information to confirm:

                                 (a)

                                 the absence of clastogenicity potential of indolylbutyric acid;

                                 (b)

                                 the vapour pressure of indolylbutyric acid and, consequently, an inhalation toxicity study;

                                 (c)

                                 the natural background concentration of indolylbutyric acid in the soil.

                           The Member States concerned shall ensure that the applicant submits such confirmatory information to the Commission by 31 May 2013.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


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32001L0057

Commission Directive 2001/57/EC of 25 July 2001 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively (Text with EEA relevance)

Official Journal L 208 , 01/08/2001 P. 0036 - 0043

Commission Directive 2001/57/ECof 25 July 2001amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals(1), as last amended by Commission Directive 2001/48/EC(2), and in particular Article 10 thereof,Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin(3), as last amended by Commission Directive 2001/39/EC(4), and in particular Article 10 thereof,Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin including fruit and vegetables(5), as last amended by Directive 2001/48/EC, and in particular Article 7 thereof,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(6), as last amended by Commission Directive 2001/49/EC(7), and in particular Article 4(1)(f) thereof,Whereas:(1) The existing active substance, fluroxypyr, was included in Annex I to Directive 91/414/EEC by Commission Directive 2000/10/EC(8). No harmonised maximum residue levels for this active substance have yet been set by the Commission. The harmonisation of maximum residue levels is desirable both from the public health and from the trade point of view.(2) Following inclusion of the substance in Annex I, Member States authorised a number of plant protection products containing it in accordance with Article 4 of Directive 91/414/EEC, and established provisional maximum residue levels as required by Article 4(1)(f) thereof. These authorisations concern uses as a herbicide in orchards or as a post emergence herbicide on apples, olives, onions, cereals, meadows and pastures. As required by that Directive, those levels, and the information on which they were based, have been notified to the Commission. This information together with data available from other sources has been reviewed and is sufficient to provisionally fix certain maximum residue levels.(3) Article 5 of Directive 86/363/EEC requires that provisional maximum residue levels for animal products established pursuant to Article 4(1)(f) of Directive 91/414/EEC be indicated in Annex II to Directive 86/363/EEC.(4) At the inclusion in Annex I to Directive 91/414/EEC the technical and scientific evaluation of fluroxypyr was finalised on 30 November 1999 in the format of the Commission review report for fluroxypyr. In this review report the acceptable daily intake (ADI) for fluroxypyr was set at 0,8 mg/kg bw/day. The lifetime exposure of consumers of food products treated with fluroxypyr has been assessed and evaluated in accordance with the procedures and practices used within the European Community, taking account of guidelines published by the World Health Organisation(9) and it has been calculated that the maximum residue levels fixed in this Directive do not give rise to an exceeding of this ADI.(5) Acute toxic effects requiring the setting of an acute reference dose were not noted during the evaluation and discussion that preceded the inclusion of fluroxypyr in Annex I to Directive 91/414/EEC.(6) To ensure that the consumer is adequately protected from exposure to residues in or on products for which no authorisations have been granted, it is prudent to set maximum residue levels at the lower limit of analytical determination for all such products covered by Directives 86/362/EEC, 86/363/EEC and 90/642/EEC. The setting at Community level of provisional maximum residue levels does not prevent Member States from establishing provisional maximum residue levels for fluroxypyr in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI thereto.(7) Four years is considered a sufficient period of time during which to establish most further uses of fluroxypyr. After that period, provisional maximum residue levels should become definitive.(8) The Community's trading partners have been consulted about the levels set out in this Directive through the World Trade Organisation and their comments on these levels have been considered. No CODEX maximum residue levels are defined for fluroxypyr. The possibility of fixing maximum residue levels for specific pesticide/crop combinations other than those listed herein will be examined by the Commission on the basis of the submission of acceptable data.(9) The opinions of the Scientific Committee for Plants, in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides, have been taken into account.(10) This Directive is in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1In part A of Annex II to Directive 86/362/EEC, the following rows are added: ">TABLE>"Article 2The following row shall be added to part B of Annex II to Directive 86/363/EEC: ">TABLE>"Article 3In Annex II to Directive 90/642/EEC the column headed "Fluroxypyr including its esters expressed as fluroxypyr", set out in the Annex to this Directive, is added.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 28 February 2002 at the latest. They shall forthwith inform the Commission thereof.They shall apply these provisions as of 1 March 2002.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.Article 5This Directive is addressed to the Member States.Done at Brussels, 25 July 2001.For the CommissionDavid ByrneMember of the Commission(1) OJ L 221, 7.8.1986, p. 37.(2) OJ L 180, 3.7.2001, p. 26.(3) OJ L 221, 7.8.1986, p. 43.(4) OJ L 148, 1.6.2001, p. 70.(5) OJ L 350, 14.12.1990, p. 71.(6) OJ L 230, 19.8.1991, p. 1.(7) OJ L 176, 29.6.2001, p. 61.(8) OJ L 57, 2.3.2000, p. 28.(9) Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).ANNEX>TABLE>


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31982L0859

Commission Directive 82/859/EEC of 2 December 1982 amending Annex II to Council Directive 69/208/EEC on the marketing of seed of oil and fibre plants

Official Journal L 357 , 18/12/1982 P. 0031 - 0031 Spanish special edition: Chapter 03 Volume 26 P. 0173  Portuguese special edition Chapter 03 Volume 26 P. 0173  Finnish special edition: Chapter 3 Volume 15 P. 0202  Swedish special edition: Chapter 3 Volume 15 P. 0202

*****COMMISSION  DIRECTIVE  of 2 December 1982  amending Annex II to Council Directive 69/208/EEC on the marketing of seed of oil and fibre plants  (82/859/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (1), as last amended by Commission Directive 82/287/EEC (2), and in particular Article 20a thereof,  Whereas the conditions to be satisfied by the crop, including the varietal purity standards, should be defined so as to conform with the schemes for the varietal certification of seed intended for international trade laid down by the Organization for Economic Cooperation and Development (OECD);  Whereas some standards introduced by Directive 82/287/EEC are pointless, taking into account that, in the case of certain species, more generations of seeds of the category 'certified seed' are not allowed;  Whereas, in the light of the development of scientific and technical knowledge, Annex II to Directive 69/208/EEC should accordingly be amended;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The table in paragraph 1 of Section 1 of Annex II to Directive 69/208/EEC is hereby amended as follows:  1. In the left-hand column, the words 'to be used solely' are inserted in the second item after the words 'Brassica napus ssp. oleifera, other than varieties'; after the words 'Brassica rapa, other than varieties'; in the third item after the words 'Brassica napus ssp. oleifera, varieties' and after the words 'Brassica rapa, varieties' respectively.  2. In the left-hand column, in the second indent of the third item, the words '1st generation' are deleted.  3. The third indent of the third item is deleted.  Article 2  1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 July 1983.  2. Member States shall ensure that seed is subject to no marketing restrictions due to different dates of implementation of this Directive in accordance with paragraph 1.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 2 December 1982.  For the Commission  Poul DALSAGER  Member of the Commission  (1) OJ No L 169, 10. 7. 1969, p. 3.  (2) OJ No L 131, 13. 5. 1982, p. 24.


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31978L0318

Council Directive 78/318/EEC of 21 December 1977 on the approximation of the laws of the Member States relating to the wiper and washer systems of motor vehicles

Official Journal L 081 , 28/03/1978 P. 0049 - 0071 Finnish special edition: Chapter 13 Volume 8 P. 0104  Greek special edition: Chapter 13 Volume 7 P. 0089  Swedish special edition: Chapter 13 Volume 8 P. 0104  Spanish special edition: Chapter 13 Volume 8 P. 0151  Portuguese special edition Chapter 13 Volume 8 P. 0151

COUNCIL DIRECTIVE  of 21 December 1977  on the approximation of the laws of the Member States relating to the wiper and washer systems of motor vehicles  (78/318/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 the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to their wipers and washers;  Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure which was the subject of 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), as amended by Directive 78/315/EEC (4), to be introduced in respect of each type of vehicle;  Whereas it is desirable to draft the technical requirements so that they have the same aim as the work being carried out on the subject in the UN Economic Commission for Europe;  Whereas these requirements apply to motor vehicles in category M1 (the international classification of motor vehicles is given in Annex I to Directive 70/156/EEC);  Whereas the approximation of the national laws relating to motor vehicles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements;  Whereas windscreen-washer systems are already marketed both separately and after being fitted to a vehicle ; whereas if it is possible to check them before they are fitted to a vehicle, their free movement may be facilitated by the introduction of EEC type-approval for such systems, which are regarded as separate technical units within the meaning of Article 9a of Directive 70/156/EEC,  HAS ADOPTED THIS DIRECTIVE:    Article 1 For the purposes of this Directive, "vehicle" means any motor vehicle in category M1 (as defined in Annex I to Directive 70/156/EEC) intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.   Article 2 No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle with regard to the windscreen-washer and windscreen-wiper systems, or of a windscreen-washer system, if:    - such a vehicle satisfies the requirements of Annexes I to V relating to the windscreen-washer and windscreen-wiper systems,       - such a windscreen-washer system regarded as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC satisfies the relevant requirements laid down in Annex I,       - such a vehicle is fitted with a windscreen-washer system which has been granted type-approval as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC and has been installed in accordance with the requirements laid down in 6.2.5 of Annex I.          Article 3 1. No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to:  (1)OJ No C 118, 16.5.1977, p. 33. (2)OJ No C 114, 11.5.1977, p. 8. (3)OJ No L 42, 23.2.1970, p. 1. (4)See page 1 of this Official Journal.      - its windscreen-wiper and windscreen-washer systems, if these satisfy the requirements laid down in Annexes I to V,       - its windscreen-washer system if this has been granted type-approval as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC and has been installed in accordance with the requirements laid down in 6.2.5 of Annex I.         2. No Member State may prohibit the placing on the market of any windscreen-washer system regarded as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC if it conforms to a type which has been granted type-approval within the meaning of the second indent of Article 2.   Article 4 The Member State which has granted type-approval shall take the measures required to ensure that it is informed of any modification of a part or characteristic referred to in 2.2 of Annex I. The competent authorities of that Member State shall determine whether it is necessary to carry out further tests on the modified vehicle type and to prepare a new report. If these tests show that the requirements of this Directive have not been complied with, the modification shall not be authorized.   Article 5 Any amendments necessary to adapt the requirements of Annexes I to VII to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.  However, this procedure shall not apply to amendments introducing requirements for wiper and washer systems other than for the windscreen.   Article 6 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 7 This Directive is addressed to the Member States.     Done at Brussels, 21 December 1977.  For the Council  The President  J. CHABERT       LIST OF ANNEXES  >PIC FILE= "T9001038"> ANNEX I SCOPE, DEFINITIONS, APPLICATION FOR EEC TYPE-APPROVAL, EEC TYPE-APPROVAL, SPECIFICATIONS, TEST PROCEDURE    1. SCOPE      1.1. This Directive applies to the 180º forward field of vision of the drivers of vehicles in category M1.        1.1.1. Its purpose is to ensure good visibility under adverse weather conditions by specifying the requirements for the windscreen-wiper and windscreen-washer systems of category M1 vehicles.               1.1.2. The requirements of this Directive are so worded as to apply to category M1 vehicles in which the driver is on the left. In category M1 vehicles in which the driver is on the right, these requirements shall be applied by reversing the criteria where appropriate.                                 2. DEFINITIONS  (2.1.)      2.2.  Vehicle type with regard to its windscreen-wiper and windscreen-washer systems  "Vehicle type with regard to its windscreen-wiper and windscreen-washer systems" means vehicles which do not differ in such essential respects as:      2.2.1. the external and internal forms and arrangements within the area specified in Section 1 which may affect visibility;           2.2.2. the shape, dimensions and characteristics of the windscreen and its mounting;           2.2.3. the characteristics of the windscreen-wiper and windscreen-washer systems.     2.3.  Three-dimensional reference grid  "Three-dimensional reference grid" means a reference system which consists of a vertical longitudinal plane X-Z, a horizontal plane X-Y and a vertical transverse plane Y-Z (see figure 2 of Annex III). The grid is used to determine the dimensional relationships between the positions of design points on drawings and their position on the actual vehicle. The procedure for situating the vehicle relative to the grid is specified in Annex III ; all coordinates referred to ground zero shall be based on a vehicle in running order (as defined in 2.6 of Annex I to Directive 70/156/EEC) plus one front-seat passenger, the mass of the passenger being 75 kg ± 1 %.        2.3.1. Vehicles fitted with suspension enabling their ground clearance to be adjusted shall be tested under the normal conditions of use specified by the manufacturer.     2.4.  Primary reference marks  "Primary reference marks" means holes, surfaces, marks and identification signs on the vehicle body. The type of reference mark used and the position of each mark relative to X, Y and Z coordinates of the three-dimensional reference grid and to a design ground plane shall be specified by the vehicle manufacturer. These marks may be the control points used for body assembly purposes.     2.5.  Seat-back angle  (See Annex II).      2.6.   Actual seat-back angle  (See Annex II).     2.7.   Design seat-back angle  (See Annex II).     2.8.   V points  "V points" means points whose position in the passenger compartment is determined by vertical longitudinal planes passing through the centres of the outermost designated seating positions on the front seat and in relation to the R point and the design angle of the seat back, which points are used for verifying compliance with the field of vision requirements (see Annex IV).     2.9.   R point or seating reference point  (See Annex II).     2.10.   H point  (See Annex II).     2.11.   Windscreen datum points  "Windscreen datum points" means points situated at the intersection with the windscreen of lines radiating forward from the V points to the outer surface of the windscreen.     2.12.   Transparent area of a windscreen  "Transparent area of a windscreen" means that area of a vehicle windscreen or other glazed surface whose light transmittance, measured at right angles to the surface, is not less than 70 %.     2.13.   Horizontal seat-adjustment range  "Horizontal seat-adjustment range" means the range of normal driving positions designated by the vehicle manufacturer for the adjustment of the driver's seat in the direction of the X axis (see 2.3).     2.14.   Extended seat-adjustment range  "Extended seat-adjustment range" means the range designated by the vehicle manufacturer for the adjustment of the seat in the direction of the X axis (see 2.3) beyond the range of normal driving positions specified in 2.13 and used for converting seats into beds or facilitating entry into the vehicle.     2.15.   Windscreen-wiper system  "Windscreen-wiper system" means the system consisting of a device for wiping the outer face of the windscreen, together with the accessories and controls necessary for starting and stopping the device.     2.16.  Windscreen-wiper field  "Windscreen-wiper field" means the area of the outer face of a wet windscreen that is swept by the windscreen wiper.     2.17.  Windscreen-washer system  "Windscreen-washer system" means the system consisting of a device for storing a fluid and applying it to the outer face of the windscreen, together with the controls necessary for starting and stopping the device.     2.18.  Windscreen-washer control  "Windscreen-washer control" means a device or accessory for starting and stopping the windscreen-washer system. Starting and stopping may be coordinated with the operation of the windscreen wiper or be totally independent of it.     2.19.  Windscreen-washer pump  "Windscreen-washer pump" means a device for transferring the windscreen-washer fluid from the reservoir to the outer face of the windscreen.      2.20.  Nozzle  "Nozzle" means a device the orientation of which is adjustable and which serves to direct the windscreen-washer fluid on to the windscreen.     2.21.  Performance of a windscreen-washer system  "Performance of a windscreen-washer system" means the ability of a windscreen-washer system to apply fluid to the target area of the windscreen without leakage or disconnection of a tube of the washer system occurring when the system is used normally.                      3. APPLICATIONS FOR EEC TYPE-APPROVAL      3.1. Application for EEC type-approval for a vehicle type in respect of its windscreen-wiper and windscreen-washer systems        3.1.1. The application for EEC type-approval of a vehicle type with regard to its windscreen-wiper and windscreen-washer systems must be submitted by the vehicle manufacturer or by his authorized representative.               3.1.2. It must be accompanied by the following documents in triplicate containing the information specified below:          3.1.2.1. a description of the vehicle referring to the criteria mentioned in 2.2, together with dimensional drawings and either a photograph or an exploded view of the passenger compartment. The numbers and/or symbols identifying the vehicle type must be specified;                   3.1.2.2. particulars of the primary reference marks in sufficient detail to enable them to be readily identified and the position of each in relation to the others and to the R point to be verified;                   3.1.2.3. a technical description of the windscreen-wiper and windscreen-washer systems together with relevant data in sufficient detail.                   3.1.2.4. A vehicle representative of the vehicle type to be approved must be submitted to the technical service conducting the type-approval tests.                                             3.2. Application for EEC type-approval for a type of windscreen-washer system as a separate technical unit        3.2.1. The application for EEC type-approval for a type of windscreen-washer system as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC must be submitted by the vehicle manufacturer or by the manufacturer of the windscreen-washer system, or by the authorized representative of either manufacturer.               3.2.2. For each type of windscreen-washer system the application shall be accompanied by:          3.2.2.1. three copies of documents giving a description of the system and of its technical characteristics;                   3.2.2.2. one specimen of the type of the system. The competent authorities may, if they deem it necessary, request a further specimen. The specimens must bear in a clearly legible and indelible manner the applicant's trade name or mark and an identification of the type.                                                    4. EEC TYPE-APPROVAL  (4.1.)      (4.2.)       4.3.  A certificate conforming to the model specified in 4.3.1 and 4.3.2 shall be attached to the EEC type-approval certificate:      4.3.1. Annex VI for applications referred to in 3.1;           4.3.2. Annex VII for applications referred to in 3.2.     (4.4.)       (4.5.)        (4.6.)       (4.7.)       (4.8.)                    5. SPECIFICATIONS      5.1. Windscreen-wiper system        5.1.1. Every vehicle must be equipped with at least one automatic windscreen-wiper system, i.e. a system which when the vehicle's engine is running is able to function without any action by the driver other than that needed for starting and stopping the windscreen wiper.               5.1.2. The windscreen wiper field must cover not less than 80 % of vision area B as defined in 2.3 of Annex IV.          5.1.2.1. In addition the windscreen wiper field must cover not less than 98 % of vision area A as defined in 2.2 of Annex IV.                                  5.1.3. The windscreen wiper must have at least two sweep frequencies:          5.1.3.1. one of not less than 45 cycles/minute (a cycle being the forward and return movement of the windscreen wiper);                   5.1.3.2. one of not less than 10 and not more than 55 cycles/minute.                   5.1.3.3. The difference between the highest and at least one of the lower sweep frequencies must be at least 15 cycles/minute.                                  5.1.4. The sweep frequences prescribed in 5.1.3 must be achieved as indicated in 6.1.1 to 6.1.6, 6.1.8 and 6.1.9.               5.1.5. Intermittent operation windscreen-wiper systems may be used for the purposes of complying with the requirements of 5.1.3, provided that one of the frequencies complies with the requirements of 5.1.3.1 and that one of the other frequencies obtained when the main frequency is interrupted is not less than 10 cycles/minute.               5.1.6. When the windscreen-wiper system is stopped by the use of the windscreen-wiper control, the blades must return automatically to their position of rest.               5.1.7. The system must be capable of withstanding stalling for 15 seconds. The test procedure and conditions are set out in 6.1.7.               5.1.8. The windscreen wiper field must meet the minimum requirements of 5.1.2 when the wipers are tested at a sweep frequency conforming to the provisions of 5.1.3.2 under the conditions set out in 6.1.10.               5.1.9. The aerodynamic effects associated with the windscreen's size and shape, and the efficiency of the windscreen-wiper system, must be determined under the following conditions:          5.1.9.1. when subjected to a relative air speed equal to 80 % of the vehicle's maximum speed but not exceeding 160 km/h, the windscreen-wiper systems, operating at maximum frequency, must continue to sweep a field as specified in 5.1.2.1, with the same efficiency.                                  5.1.10. The wiper-arm mounting must enable the wiper arm to be displaced from its position on the windscreen so as to allow the windscreen to be manually cleaned.               5.1.11. The windscreen-wiper system must be capable of operating for two minutes on a dry windscreen with the outside temperature at - 18 ± 3 ºC under the conditions specified in 6.1.11.                           5.2. Windscreen-washer system        5.2.1. Every vehicle must be fitted with a windscreen-washer system which is capable of withstanding the loads produced when the nozzles are plugged and the system is actuated in accordance with the procedure set out in 6.2.1 and 6.2.2.               5.2.2. The performance of the windscreen-washer and windscreen-wiper systems must not be adversely affected by exposure to the temperature cycles prescribed in 6.2.3 and 6.2.4.               5.2.3. The windscreen-washer system must be capable of delivering sufficient liquid to clear 60 % of the area defined in 2.2 of Annex IV under the conditions described in 6.2.5 of this Annex.               5.2.4. The capacity of the reservoir containing the liquid must not be less than one litre.                                 6. TEST PROCEDURE      6.1. Windscreen-wiper system        6.1.1. The tests described below must be carried out under the following conditions, unless otherwise specified:               6.1.2. the ambient temperature must not be less than 10 ºC or more than 40 ºC;               6.1.3. the windscreen must be kept constantly wet;               6.1.4. in the case of an electric windscreen-wiper system the following additional conditions must be met:          6.1.4.1. the battery must be fully charged;                   6.1.4.2. the engine must be running at 30 % of the speed at which it develops maximum power;                   6.1.4.3. the dipped-beam headlamps must be switched on;                   6.1.4.4. the heating and/or ventilation systems, if fitted, must be operating at maximum electrical consumption;                   6.1.4.5. the defrosting and demisting systems, if fitted, must be operating at maximum electrical consumption.                                  6.1.5. Compressed air operated or vacuum operated windscreen-wiper systems must be able to function continuously at the prescribed sweep frequencies whatever the engine speed or engine load.               6.1.6. The sweep frequencies of windscreen-wiper systems must comply with the requirements of 5.1.3 after a preliminary operating time of 20 minutes on a wet surface.               6.1.7. The requirements of 5.1.7 shall be satisfied when the wiper arms are restrained in their vertical position for a period of 15 seconds with the windscreen-wiper control set at the maximum sweep frequency.               6.1.8. The outer face of the windscreen shall be thoroughly degreased by means of methylated spirit or an equivalent degreasing agent. After drying, a solution of ammonia of not less than 3 % and not more than 10 % shall be applied. The surface shall be allowed to dry again and shall then be wiped with a dry cotton cloth.               6.1.9. A coating of the test mixture (see Annex V) shall be applied uniformly to the outer surface of the windscreen and allowed to dry.               6.1.10. For the purpose of measuring the field of the windscreen-wiper system, prescribed in 5.1.2 and 5.1.2.1, the outer face of the windscreen shall be treated as indicated in 6.1.8 and 6.1.9 or by some other equivalent method.          6.1.10.1. A trace of the windscreen-wiper field shall be made and compared with a trace of the vision areas specified in 5.1.2 and 5.1.2.1 in order to verify that the requirements are met.                                  6.1.11. The requirements of 5.1.11 shall be met after the vehicle has been in an ambient temperature of - 18 ± 3 ºC for a minimum of four hours. The windscreen-wiper system is to be set to operate under the conditions set out in 6.1.4 with the control at the position of maximum frequency. There are no requirements regarding the field swept.                           6.2. Windscreen-washer system  Test conditions        6.2.1. Test No 1          6.2.1.1. The windscreen-washer system shall be filled with water, fully primed, and placed in an ambient temperature of 20 ± 2 ºC for a minimum of four hours. All the nozzles shall be plugged and the windscreen-washer control actuated six times in one minute, each time for at least three seconds. If the system is powered by the muscular energy of the driver, the force applied shall be that shown in the following table: >PIC FILE= "T0013026">                    6.2.1.2. For electric pumps, the test voltage must be no less than the rated voltage without exceeding it by more than two volts.                   6.2.1.3. The performance of the windscreen-washer system at the end of the test must be as defined in 2.21.                                  6.2.2. Test No 2  The windscreen-washer system shall be filled with water, fully primed, and placed in an ambient temperature of - 18 ± 3 ºC for a minimum of four hours. The windscreen-washer control shall be actuated six times in one minute, each time for at least three seconds, using the force prescribed in 6.2.1. The system shall than be placed in an ambient temperature of 20 ± 2 ºC until the ice has completely thawed. The performance of the windscreen-washer system shall then be verified by actuating it as prescribed in 6.2.1.               6.2.3. Test No 3 (Low-temperature exposure test)          6.2.3.1. The windscreen-washer system shall be filled with water, fully primed, and placed in an ambient temperature of - 18 ± 3 ºC for a minimum of four hours so that the total mass of the water in the washer system is frozen. The system shall then be placed in an ambient temperature of 20 ± 2 ºC until the ice has completely thawed. This freeze/thaw cycle shall be repeated six times. The performance of the windscreen-washer system shall then be verified by actuating it as prescribed in 6.2.1.                   6.2.3.2. The windscreen-washer system shall be filled and fully primed with a low-temperature windscreen-washer fluid consisting of a 50 % solution of methanol, or alternatively isopropyl alcohol, in water of a hardness not greater than 205 g/tonne.            6.2.3.2.1. The system shall be placed in an ambient temperature of - 18 ± 3 ºC for a minimum of four hours. The performance of the windscreen-washer system shall be verified by actuating it as prescribed in 6.2.1.                                                         6.2.4. Test No 4 (High-temperature exposure test)          6.2.4.1. The windscreen-washer system shall be filled with water, fully primed, and placed in an ambient temperature of 80 ± 3 ºC for a minimum of eight hours and then in an ambient temperature of 20 ± 2 ºC. When the temperature has stabilized, the performance of the windscreen-washer system shall be verified by actuating it as prescribed in 6.2.1.                   6.2.4.2. If part of the windscreen-washer system is situated in the engine compartment, the system shall be filled with water, fully primed, and placed in an ambient temperature of 80 ± 3 ºC for a minimum of eight hours. The performance of the windscreen-washer system shall be verified by actuating it as prescribed in 6.2.1.                   6.2.4.3. If no part of the windscreen-washer system is situated in the engine compartment, the system shall be filled with water, fully primed, and placed in an ambient temperature of 60 ± 3 ºC for a minimum of eight hours. The performance of the windscreen-washer system shall be verified by actuating it as prescribed in 6.2.1.                                   6.2.5. Test No 5 (Windscreen-washer system capability test prescribed in 5.2.3)          6.2.5.1. The windscreen-washer system shall be filled with water and fully primed. With the vehicle stationary and no significant wind effect, the washer nozzle or nozzles shall be adjusted towards the target area of the outer face of the windscreen. If the system is powered by the muscular energy of the driver the force required to do this shall not exceed that specified in 6.2.1.1. If the system is powered by an electric pump the requirements of 6.1.4 shall apply.                   6.2.5.2. The outer face of the windscreen shall be treated as prescribed in 6.1.8 and 6.1.9.                   6.2.5.3. The windscreen-washer system shall then be actuated in the manner indicated by the manufacturer for 10 cycles of automatic operation of the windscreen-wiper system at maximum frequency and the proportion of the vision area defined in 2.2 of Annex IV that is cleaned shall then be measured.                                             6.3. All the windscreen-washer tests described in 6.2.1 to 6.2.4 shall be carried out on one and the same windscreen-washer system, either attached to a vehicle of a type for which EEC type-approval has been sought, or not attached to a vehicle, in the case of a system for which EEC type-approval as a separate technical unit has been requested.              (7.)         (8.)         (9.)         (10.)         (11.)         (12.)              ANNEX II PROCEDURE FOR DETERMINING THE H POINT AND THE ACTUAL SEAT-BACK ANGLE AND FOR VERIFYING THE RELATIVE POSITIONS OF THE R AND H POINTS AND THE RELATIONSHIP BETWEEN THE DESIGN SEAT-BACK ANGLE AND THE ACTUAL SEAT-BACK ANGLE  Annex III to Council Directive 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers (1) shall be applicable.   ANNEX III METHOD FOR DETERMINING THE DIMENSIONAL RELATIONSHIPS BETWEEN THE VEHICLE'S PRIMARY REFERENCE MARKS AND THE THREE-DIMENSIONAL REFERENCE GRID    1. RELATIONSHIP BETWEEN REFERENCE GRID AND VEHICLE'S PRIMARY REFERENCE MARKS  To verify specific dimensions on or within a vehicle submitted for type-approval in accordance with this Directive, the relationship between the coordinates of the three-dimensional reference grid defined in 2.3 of Annex I, which have been laid out at the initial vehicle-design stage, and the positions of the primary reference marks defined in 2.4 of Annex I, must be established accurately so that specific points on the vehicle manufacturer's drawings can be located on an actual vehicle produced from those drawings.       2. METHOD FOR ESTABLISHING RELATIONSHIP OF REFERENCE GRID TO REFERENCE MARKS  For this purpose, a ground reference plane shall be constructed, which is marked with the X-X measurement and the Y-Y measurement. The method of achieving this is set out in figure 3 of this Annex, the reference plane being a hard, flat, level surface on which the vehicle stands, and which has two measuring scales firmly fixed to its surface ; these shall be graduated in millimetres, the X-X scale being not less than 8 m long, and the Y-Y scale not less than 4 m long. The two scales must be set at right angles to each other as shown in figure 3 of this Annex. The intersection of the scales is ground zero.       3. EXAMINATION OF THE REFERENCE PLANE  In order to provide for minor variations in the level of the reference plane or test area, it is necessary to measure the deviations from ground zero along both the X and Y scales at intervals of 250 mm and to record the readings obtained so that corrections can be made when checking the vehicle.       4. ACTUAL TEST ATTITUDE  In order to provide for minor changes in suspension height, etc., it is necessary to have available a means of bringing the primary reference marks to the correct coordinate positions relative to the  (1)OJ No L 267, 19.10.1977, p. 1.   design attitude before further measurements are taken. In addition, it must be possible to make minor lateral and/or longitudinal adjustments to the vehicle's position so as to place it correctly in relation to the reference grid.       5. RESULTS  The vehicle having been correctly placed relative to the reference grid and in its design attitude, the site of the necessary points for studying the forward visibility requirements can be readily determined. Test methods to determine these requirements may include the use of theodolites, light sources or shadow devices, or any other method which can be shown to give equivalent results.         >PIC FILE= "T0013027">     >PIC FILE= "T0013028">     >PIC FILE= "T0013029">      ANNEX IV PROCEDURE FOR DETERMINING VISION AREAS ON WINDSCREENS OF CATEGORY M1 VEHICLES IN RELATION TO THE V POINTS    1. POSITIONS OF THE V POINTS      1.1. The positions of the V points in relation to the R point, as indicated by XYZ coordinates from the three-dimensional reference grid, are as shown in Tables I and II.           1.2. Table I indicates the basic coordinates for a design seat-back angle of 25º. The positive direction for the coordinates is indicated in figure 1 of Annex III.  TABLE I >PIC FILE= "T0013030">            1.3. Correction for design seat-back angles other than 25º        1.3.1. Table II shows the further corrections to be made to the X and Z coordinates of each V point when the design seat-back angle is not 25º. The positive direction for the coordinates is shown in figure 1 of Annex III.  TABLE II >PIC FILE= "T0013054">                                 2. VISION AREAS      2.1. Two vision areas shall be determined from the V points.           2.2. Vision area A is the area on the outer surface of the windscreen bounded by the following four planes extending forward from the V point (see figure 1):         - a vertical plane passing through V1 and V2 and at an angle of 13º to the left of the X axis;               - a plane parallel to the Y axis, passing through V1 and at an upward angle of 3º from the X axis;               - a plane parallel to the Y axis, passing through V2 and at a downward angle of 1º from the X axis;               - a vertical plane passing through V1 and V2 and at an angle of 20º to the right of the X axis.                          2.3. Vision area B is the area of the outer surface of the windscreen which is more than 25 mm from the outer edge of the transparent area and is bounded by the intersection of the following four planes with the outer surface of the windscreen (see figure 2):        - a plane parallel to the Y axis, passing through V1 and at an upward angle of 7º from the X axis;               - a plane parallel to the Y axis, passing through V2 and at a downward angle of 5º from the X axis;               - a vertical plane passing through V1 and V2 and at an angle of 17º to the left of the X axis;               - a plane symmetrical to the former plane in relation to the median longitudinal plane of the vehicle.                                  >PIC FILE= "T0013031">    >PIC FILE= "T0013032">      ANNEX V TEST-MIXTURE SPECIFICATION FOR WINDSCREEN-WIPER SYSTEM AND WINDSCREEN-WASHER SYSTEM TESTS  The test mixture referred to in 6.1.9. of Annex I shall consist of the following (by volume) : 92 75 % water (with a hardness of less than 205 g/tonne after evaporation), 5 % aqueous saturated salt (sodium chloride) solution and 2 75 % dust constituted in accordance with Tables I and II.  TABLE I Analysis of test dust >PIC FILE= "T0013033">   TABLE II Particle-size distribution of coarse-grade dust >PIC FILE= "T0013034">     ANNEX VI MODEL (Maximum format : A4 (210 × 297 mm)) >PIC FILE= "T0013035">   >PIC FILE= "T0013036">     ANNEX VII MODEL (Maximum format : A4 (210 × 297 mm)) >PIC FILE= "T0013037">