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31997L0076

Council Directive 97/76/EC of 16 December 1997 amending Directive 77/99/EEC and Directive 72/462/EEC with regard to the rules applicable to minced meat, meat preparations and certain other products of animal origin

Official Journal L 010 , 16/01/1998 P. 0025 - 0027

COUNCIL DIRECTIVE 97/76/EC of 16 December 1997 amending Directive 77/99/EEC and Directive 72/462/EEC with regard to the rules applicable to minced meat, meat preparations and certain other products of animal originTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Having regard to the opinion of the Economic and Social Committee (2),Whereas Council Directive 77/99/EEC of 21 December 1976 on health problems affecting the production and marketing of meat products and certain other products of animal origin (3), updated by Directive 92/5/EEC (4) provides for the possibility of using meat as referred to in Article 2 of Directive 88/657/EEC in the preparation of meat products;Whereas Directive 88/657/EEC has been repealed with effect from 1 January 1996 and replaced by Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the production and placing on the market of minced meat and meat preparations (5); whereas, in order to ensure legal certainty, references to Directive 88/657/EEC should be amended accordingly;Whereas those provisions which, because of their temporary nature, are now out of date should be deleted from Directive 77/99/EEC;Whereas, furthermore, given the special production conditions for stomachs, bladders and intestines, arrangements other than those previously laid down by Directive 77/99/EEC should be applied to them; whereas a reasonable time limit should be laid down for the Member States to comply with these new arrangements both with regard to their national production and their imports from third countries,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 77/99/EEC is hereby amended as follows:1. In the fifth indent of Article 2(a)(ii) and 2(d), the reference to Directive 88/657/EEC shall be replaced by a reference to Directive 94/65/EC.2. In Article 3:(a) the second indent of point A.1 shall read '- in accordance with Article 9(1) . . .`;(b) the following subparagraph shall be added to point A.1:'or, which have been registered and inspected in accordance with Article 9(2)`;(c) point A.9 shall be amended as follows:- paragraph (a) shall be deleted,- the words '(b) from 1 July 1993` shall be deleted,- point (i) shall become point (a) and point (ii) shall become point (b).3. Article 9(2) shall be amended as follows:'2. Member States may extend the derogation provided for in paragraph 1 to the establishments referred to in Article 4, section A, point (a)(i), and sections C, D and E of Directive 64/433/EEC, on the understanding that the processing of products in those establishments must meet the other requirements of this Directive`.4. In Article 13(1)(c), the words 'until 1 July 1993, the health certificate provided for in Annex D` shall be deleted.5. In the final subparagraph of Article 13(1), the reference to Directive 88/657/EEC shall be replaced by a reference to Directive 94/65/EC.6. Article 21 shall be deleted.7. In the first and second indents of point 2 of Chapter III of Annex B, the reference to Directive 88/657/EEC shall be replaced by a reference to Directive 94/65/EC.8. The fifth indent of point 4 of Chapter V of Annex B shall be worded as follows:'- Where the legislation of a Member State authorises the use of starch or of proteins of animal or vegetable origin for other than technological purposes, a reference to such use in connection with the sales description`.9. Chapter III of Annex C shall be replaced by the text appearing in the Annex to this Directive.Article 2 In Article 21b of Directive 72/462/EEC (6), the date '31 December 1997` in the second subparagraph shall be replaced by '31 December 1998`.Article 3 On the basis of a Commission report, accompanied by any relevant proposals on which the Council will decide by a qualified majority, the Council shall, before 31 December 2001, re-examine the provisions laid down in the Annex, with a view to re-examining the conditions governing the establishments from which the intestines originally came.Article 4 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1999.They shall immediately inform the Commission thereof.When the measures referred to in the first paragraph are adopted by the Member States, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall forward to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 5 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 6 This Directive is addressed to the Member States.Done at Brussels, 16 December 1997.For the CouncilThe PresidentF. BODEN(1) OJ C 341, 5. 12. 1994, p. 206.(2) OJ C 397, 31. 12. 1994, p. 37.(3) OJ L 26, 31. 1. 1997. Directive as last amended by Directive 95/68/EC (OJ L 332, 30. 12. 1995, p. 10).(4) OJ L 57, 2. 3. 1992, p. 1.(5) OJ L 368, 31. 12. 1994, p. 10.(6) OJ L 302, 31. 12. 1972, p. 28. Directive as last amended by Directive 96/91/EC (OJ L 13, 16. 1. 1997, p. 26).ANNEX 'CHAPTER IIIConditions governing the production, placing on the market and import of cleaned, salted or dried and/or heated stomachs, bladders and intestinesIn addition to the conditions in Annex A and Chapter II of Annex B, establishments treating stomachs, bladders and intestines must comply with the following conditions:1. raw materials must come from animals which, following ante-mortem and post-mortem inspection have been judged suitable for human consumption;2. products which cannot be kept at ambient temperature must be stored until their dispatch in premises intended for that purpose. In particular, products which are not salted or dried must be kept at a temperature of less than 3 °C;3. raw materials must be transported from the slaughterhouse of origin to the establishment under satisfactory hygiene conditions and, where appropriate in the light of the period between slaughter and the collection of the raw materials, refrigerated. Vehicles and containers for transporting such materials must have smooth internal surfaces that are easy to wash, clean and disinfect. Vehicles for refrigerated transport must be designed in such a way that the required temperature can be maintained throughout the period of transport;4. premises must be provided for the storage of wrapping and packaging materials;5. wrapping and packaging must take place under hygienic conditions in a room or in a place intended for that purpose;6. the use of wood is forbidden; however, the use of wooden pallets is authorised for the transport of the containers of the products concerned.`


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31997L0044

Eighth Directive 97/44/EC of the European Parliament and of the Council of 22 July 1997 on summer-time arrangements

Official Journal L 206 , 01/08/1997 P. 0062 - 0063

EIGHTH DIRECTIVE 97/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 July 1997 on summer-time arrangementsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure referred to in Article 189b of the Treaty (3),Whereas Seventh Directive 94/21/EC of the European Parliament and of the Council of 30 May 1994 on summer-time arrangements (4) introduced a common date and time throughout the Community for the beginning of summertime in 1995, 1996 and 1997; whereas the Seventh Directive retained two different dates for the end of summertime in 1995, one for Member States other than Ireland and the United Kingdom and one for Ireland and the United Kingdom, but nonetheless introduced a common date and time for the end of summertime in 1996 and 1997;Whereas, given that the Member States apply summer-time arrangements, it is important for the functioning of the internal market that a common date and time for the beginning and end of the summer-time period be fixed throughout the Community;Whereas, with regard to the principle of subsidiarity, Community action is necessary to ensure complete harmonization of the timetable with a view to facilitating transport and communications;Whereas the date considered most appropriate by Member States for the end of the summer-time period is the end of October; whereas this date should therefore be maintained;Whereas Article 4 of the Seventh Directive lays down that the European Parliament and the Council must adopt by 1 January 1997 the arrangements to apply from 1998 onwards;Whereas, for geographical reasons, common summer-time arrangements should not apply to the overseas territories of the Member States;Whereas, for reasons of timetabling, particularly in the transport and communications sectors, the timing of summer-time arrangements should be set for a sufficiently long period; whereas provisions should accordingly be adopted for 1998, 1999, 2000 and 2001,HAVE ADOPTED THIS DIRECTIVE:Article 1 For the purposes of this Directive, 'summer-time period` shall mean the period of the year during which clocks are put forward by 60 minutes compared with the rest of the year.Article 2 In each Member State the summer-time period for 1998, 1999, 2000 and 2001 shall begin at 1 a.m. Greenwich Mean Time (GMT) on the last Sunday in March, i.e.:- in 1998: on 29 March,- in 1999: on 28 March,- in 2000: on 26 March,- in 2001: on 25 March.Article 3 In each Member State the summer-time period for 1998, 1999, 2000 and 2001 shall end at 1 a.m. Greenwich Mean Time on the last Sunday in October, i.e.:- in 1998: on 25 October,- in 1999: on 31 October,- in 2000: on 29 October,- in 2001: on 28 October.Article 4 The arrangements to apply from 2002 onwards shall be adopted by 1 January 2001 on a proposal from the Commission to be submitted before 1 January 2000.Article 5 This Directive shall not apply to the overseas territories of the Member States.Article 6 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1997 at the latest. 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 the Member States.Article 7 This Directive is addressed to the Member States.Done at Brussels, 22 July 1997.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentJ. POOS(1) OJ No C 342, 14. 11. 1996, p. 5.(2) OJ No C 30, 30. 1. 1997, p. 20.(3) Opinion of the European Parliament of 28 November 1996 (OJ No C 380, 16. 12. 1996, p. 20), Council Common Position of 14 April 1997 (OJ No C 157, 24. 5. 1997, p. 8) and Decision of the European Parliament of 11 June 1997 (not yet published in the Official Journal). Council Decision of 17 June 1997.(4) OJ No L 164, 30. 6. 1994, p. 1.


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31989L0684

Council Directive 89/684/EEC of 21 December 1989 on vocational training for certain drivers of vehicles carrying dangerous goods by road

Official Journal L 398 , 30/12/1989 P. 0033 - 0036 Finnish special edition: Chapter 7 Volume 3 P. 0200  Swedish special edition: Chapter 7 Volume 3 P. 0200

COUNCIL DIRECTIVEof 21 December  1989on vocational training for certain drivers of vehicles carrying dangerous goods by  road(89/684/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  75 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, over the years, both national and international services carrying dangerous goods by road  have been growing, adding to the risk of accidents; Whereas it is in the public interest to reduce as far as possible the risk of such accidents with  their potential for causing perhaps irreversible damage to the environment and seriously injuring  the vehicle crew or anyone else coming into contact with the goods; Whereas the origin of many accidents involving vehicles carrying dangerous goods, and in particular  the seriousness of such accidents, can be traced to an insufficient knowledge of the risks inherent  in the carriage of such goods on the part of the vehicle crews and every effort must therefore be  made to improve the professional qualifications of such crews; Whereas the European Agreement concerning the International Carriage of Dangerous Goods by Road  (ADR), to which nearly all the Member States are Contracting Parties, stipulates that international  carriage by road of dangerous goods in tanks, batteries or receptables or tank containers with a  total capacity of more than 3 000 litres per transport unit must be carried out by drivers who have  been specially trained; whereas a recent amendment to the ADR states that, as from 1 January 1996,  such training must have been given in respect of the carriage of goods on vehicles of a maximum  permissible weight exceeding 3,5 tonnes, provided the quantities of packaged goods exceed the  minimum laid down in marginal 10011 of the ADR; whereas it is desirable not only that such measures  should be implemented throughout the Community but also that they should be strengthened and their  scope extended to national traffic; Whereas the obligation to guarantee satisfactory vocational training for all those engaged in  the carriage of dangerous goods calls for, in view of the introduction of the single transport  market, all necessary measures to be taken to ensure better risk prevention not only for  international but also national services carrying such goods; Whereas with a view, inter alia, to promoting Community-wide harmonized systems for training  drivers of vehicles carrying dangerous goods, standardized training programmes should be introduced  for such drivers, using modern methods generally geared to active learning by the participants; Whereas provision should be made for the issue of a certificate corresponding to certain minimum  vocational training requirements; whereas the certificate thus issued must be recognized throughout  the Community; Whereas Portugal has implemented a programme for training drivers of vehicles carrying dangerous  goods, which runs until 31 December 1995; whereas Portugal is unable for organizational reasons to  reduce this period and that State should accordingly be granted an additional period of one year  for the training of certain of these drivers, HAS ADOPTED THIS DIRECTIVE: Article 1ObjectiveThe objective of this Directive is to require drivers who,  by way of national or international road transport, carry dangerous goods using: - vehicles with a maximum permissible weight exceeding 3,5 tonnes and carrying such goods in  quantities higher than the thresholds laid down in marginal 10011 of the ADR. However, in the case  of explosive substances and articles, vehicles shall be taken into account whatever their maximum  permissible weight may be, - tank vehicles or transport units comprising tanks or tank containers with a capacity exceeding 3  000 litres and/or a maximum permissible weight exceeding 3,5 tonnes, where such vehicles or such  transport units carry dangerous goods or carry out a road transport operationwhen the dangerous  goods have been unloaded but the tanks have not been cleaned and/or degasified, to hold a vocational-training certificate issued by the authority or body designated for this  purpose by each Member State and conforming that they have successfully completed appropriate  training in the carriage of dangerous goods by road. This Directive shall not apply to vehicles belonging to, or coming under, the responsibility of a  Member State's armed forces. Article 2DefinitionsFor the purposes of this Directive: 1.  'ADR' shall mean the European Agreement concerning the International Carriage of Dangerous  Goods by Road (ADR), concluded in Geneva on 30 September 1957, as amended on the date on which this  Directive is adopted; 2.  'carriage by road' shall mean any journey made on roads open to the public by a vehicle used  for the carriage of dangerous goods; 3.  'driver' shall mean any person who is given responsibility for driving the vehicle, even for a  short period; 4.  'tank vehicle', 'transport unit', 'tank' shall be those referred to in marginal 10014 of the  ADR; 5.  'dangerous goods' shall mean the substances and articles referred to in the ADR; 6.  'vocational training' certificate shall mean the certificate provided for in Appendix B.6 to  the ADR; 7.  'provisional vocational training certificate' shall mean the certificate provided for in  Appendix B.6 to the ADR with the legend 'Application of Article 4 (2) of Directive 89/684/EEC and  valid only for carriage performed within the Member State which issued this certificate.'Article  3Member States may, after agreement with the Commission, exempt from all or part of this  Directive, and for a renewable period of two years, drivers of vehicles exclusively engaged in the  national carriage of goods posing little danger or pollution hazard because of their special  characteristics or of the small quantities carried. Reasons must be given for all decisions taken by the competent authorities in the Member States  under the previous paragraph, and such decisions must be communicated to the Commission, which  shall notify the other Member States thereof. Article 4Vocational training1.  The training which the drivers referred to in Article 1 require  in order to obtain a vocational training certificate shall be given in the form of a theoretical  course accompanied by practical exercises and approved by the competent authority. The essential objectives of this training shall be to make those concerned aware of the risks  inherent in the carriage of dangerous goods and impart the basic knowledge needed to minimize the  chance of an incident occurring and, if one does occur, to take the measures necessary to safeguard  themselves and the environment and to limit the effects. This training must cover at least the subjects listed in the Annex. To obtain a vocational training certificate, candidates must pass an examination approved by the  competent authority, which shall ensure that examiners are independent. 2.  Member States may grant the provisional vocational training certificate to drivers who request  it for the first time within the six months preceding the dates when this Directive is implemented  without having followed the course and having sat the examination laid down in paragraph 1, on  condition that such drivers provide proof that they have been engaged in the occupation of drivers  of vehicles carrying dangerous goods for the five years preceding the date of implementation of  this Directive. Seasonal lay-offs, holidays and breaks between employment of up to six months in any 12-month  period or totalling up to 18 months in the period as a whole shall be allowed. The certificate referred to in the first subparagraph shall be valid only for the carriage of goods  within the Member State which issued it. Its validity shall expire on 31 December 1996. 3.  A Member State may require drivers engaged in the carriage of dangerous goods in vehicles  registered in that Member State to undergo more extensive vocational training than provided for in  the Annex. This may take the form of training already available in the Member State or of training  which the Member State decides to introduce. 4.  Certificates issued by Member States before the implementation date of this Directive on the  basis of existing national provisions which the Commission has confirmed correspond at least to the  requirements of this Directive shall be recognized as training certificates within the meaning of  this Directive until the end of their period of validity, but not for a period exceeding five  years. Article 51.  The vocational training certificate referred to in Article 1 shall be valid for five  years. 2.  The validity of the certificate may be extended for periods of five years where the holder: (a)  has, in the year before his certificate expires, completed a refresher course approved by the  competent authority and has passed a test approved by that competent authority; or(b)  can prove  to the competent authority or body that he has been engaged in the occupation without interruption  since his certificate was issued or last renewed. Seasonal lay-offs, holidays and breaks between  employment of up to six months in any 12-month period shall be allowed. 3.  A Member State may provide for a shorter period of validity for the vocational training  certificates of drivers who carry dangerous goods in vehicles registered in that Member State. Article 6Without prejudice to Article 4 (2), all Community Member States shall recognize the  vocational training certificates referred to in Article 1 issued by any other Member State. Article 71.  The procedure provided for in paragraph 2 shall apply to the amendment of this  Directive for the purposes of: - taking account of future amendments to the ADR, - adapting it to scientific and technical progress in the fields covered by this Directive. 2.  The Commission shall be assisted by a committee composed of the representatives of the Member  States and chaired by the representative of the Commission. The representative of the Commission shall submit to the committee a draft of the measures to be  taken. The committee shall deliver its opinion on the draft within a time limit which the chairman  may lay down according to the urgency of the matter. The opinion shall be delivered by the majority  laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required  to adopt on a proposal from the Commission. The votes of the representatives of the Member States  within the committee shall be weighted in the manner set out in that Article. The chairman shall  not vote. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the  committee. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion  is delivered, the Commission shall without delay submit to the Council a proposal relating to the  measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of three months from the date of referral to the Council, the Council  has not acted, the proposed measures shall be adopted by the Commission. Article 8ImplementationDrivers of vehicles carrying dangerous goods must be in possession of a  vocational training certificate: (a)  as from 1 July 1992- for the carriage of dangerous goods in tanks, using tank vehicles or  transport units comprising tanks or tank containers with a capacity exceeding 3 000 litres, - for the carriage of explosive substances; (b)  as from 1 January 1995 for all other types of carriage of dangerous goods as referred to in  Article 1. However, for drivers of vehicles registered in Portugal, 1 January 1995 shall be replaced by 1 January 1996. A Member State may, for drivers engaged in the carriage of dangerous goods on vehicles registered  in that Member State, fix deadlines prior to those laid down in the first paragraph. Article 91.  After consulting the Commission, Member States shall adopt the laws, regulations and  administrative provisions necessary to comply with this Directive. 2.  Member States shall communicate to the Commission the texts of the main provisions of national  law which they adopt in the field governed by this Directive. 3.  The Commission shall submit to the Council before 1 September 1990 a report on the application  of this Directive by each Member State, if necessary accompanied by proposals for amendments. Article 10This Directive is addressed to the Member States. Done at Brussels, 21 December 1989. For the CouncilThe PresidentE. CRESSON(1) OJ N° C 322, 15. 12. 1988, p. 11. (2) OJ N° C 47, 27. 2. 1989, p. 182. (3) OJ N° C 56, 6. 3. 1989, p. 27.  ANNEX LIST OF SUBJECTS COVERED BY ARTICLE 4 The knowledge required in order to qualify  for a vocational training certificate must cover at least the following subjects: (a)  general requirements concerning the transport of dangerous goods; (b)main types of hazard; (c)preventive and safety measures appropriate to the various types of hazard; (d)what to do after an accident (first aid, road safety, basic knowledge about the use of  protective equipment, etc.); (e)labelling and marking to indicate danger; (f)what a vehicle driver should and should not do during the carriage of dangerous goods; (g)the purpose and method of operation of technical equipment on vehicles used for the carriage of  dangerous goods; (h)prohibitions on mixed loading in the same vehicle or container; (i)precautions to be taken during loading and unloading of dangerous goods; for drivers of vehicles carrying goods in packages, the knowledge required in order to qualify for  a training certificate must also cover: (j)handling and stowage of packages; for drivers of vehicles carrying goods in tanks, the knowledge required in order to qualify for a  training certificate must also cover: (k)the behaviour of vehicles carrying tanks and tank-containers on road, including movement of  load.


title: Directive 2008/2/EC of the European Parliament and of the Council of 15 January 2008 on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors (Codified version) (Text with EEA relevance)

text:
               29.1.2008

               EN

               Official Journal of the European Union

               L 24/30

      DIRECTIVE 2008/2/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 15 January 2008
   on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors
   (Codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 74/347/EEC of 25 June 1974 on the approximation of the laws of the Member States relating to the field of vision and windscreen wipers for wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Directive 74/347/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units (5), and lays down technical prescriptions concerning the design and construction of wheeled agricultural or forestry tractors as regards the field of vision and windscreen wipers. These technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure, provided for in Directive 2003/37/EC, to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

               (3)

               This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives as set out in Annex II, Part B,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   1.   ‘Agricultural or forestry tractor’ means any motor vehicle, fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.
   2.   This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.
   Article 2
   No Member State may refuse to grant EC type-approval or national type-approval of a tractor on grounds relating to windscreen wipers if these satisfy the requirements set out in Annex I.
   Article 3
   No Member State may refuse the registration or prohibit the sale, entry into service or use of tractors on grounds relating to windscreen wipers, if these satisfy the requirements set out in Annex I.
   Article 4
   The amendments necessary to adapt the requirements of Annex I to technical progress shall be adopted in accordance with the procedure referred to in Article 20(2) of Directive 2003/37/EC.
   Article 5
   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 6
   Directive 74/347/EEC, as amended by the Directives listed in Annex II, Part A, is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives as set out in Annex II, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
   Article 7
   This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 May 2008.
   Article 8
   This Directive is addressed to the Member States.

      Done at Strasbourg, 15 January 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 161, 13.7.2007, p. 35.

      (2)  Opinion of the European Parliament of 19 June 2007 (not yet published in the Official Journal) and Council Decision of 17 December 2007.

      (3)  OJ L 191, 15.7.1974, p. 5. Directive as last amended by Directive 97/54/EC of the European Parliament and of the Council (OJ L 277, 10.10.1997, p. 24).

      (4)  See Annex II, Part A.

      (5)  OJ L 171, 9.7.2003, p. 1. Directive as last amended by Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).

      ANNEX I
      FIELD OF VISION
      DEFINITIONS AND REQUIREMENTS
      1.   DEFINITIONS
      1.1.   Field of vision
      ‘Field of vision’ means all forward and lateral directions in which the driver of the tractor can see.
      1.2.   Reference point
      ‘Reference point’ means the position, fixed by convention, of the tractor driver's eyes notionally located at a single point. The reference point is situated in the plane parallel to the longitudinal median plane of the tractor and passing through the centre of the seat, 700 mm vertically above the line of intersection of that plane and the surface of the seat and 270 mm in the direction of the pelvic support from the vertical plane passing through the front edge of the surface of the seat and perpendicular to the longitudinal median plane of the tractor (Figure 1). The reference point thus determined relates to the seat when unoccupied and fitted in the central position specified by the tractor manufacturer.
      1.3.   Semi-circle of vision
      ‘Semi-circle of vision’ means the semi-circle described by a radius of 12 m about a point situated in the horizontal plane of the road vertically below the reference point, in such a way that, when facing the direction of motion, the arc of the semi-circle lies in front of the tractor, while the diameter bounding the semi-circle is at right angles to the longitudinal axis of the tractor (Figure 2).
      1.4.   Masking effect
      ‘Masking effect’ means the chords of the sectors of the semi-circle of vision which cannot be seen owing to structural components such as roof-pillars, air intakes or exhaust stacks and the frame of the windscreen.
      1.5.   Sector of vision
      ‘Sector of vision’ means that part of the field of vision bounded:

                  1.5.1.

                  at the top,
                  by a horizontal plane passing through the reference point;

                  1.5.2.

                  in the plane of the road,
                  by the zone lying outside the semi-circle of vision, and forming the continuation of the sector of the semi-circle of vision, the chord of which is 9,5 m long, perpendicular to the plane parallel to the longitudinal median plane of the tractor passing through the centre of the driver's seat and bisected by that plane.

            1.6.   Swept area of the windscreen wipers
      ‘Swept area of the windscreen wipers’ means the area of the outer surface of the windscreen swept by the windscreen wipers.
      2.   REQUIREMENTS
      2.1.   General
      The tractor shall be constructed and equipped in such a way that, in road traffic and in farm and forest use, the driver has an adequate field of vision, under all the usual conditions pertaining to highway use and to work undertaken in fields and forests. The field of vision is considered adequate when the driver has, as far as possible, a view of part of each front wheel and when the following requirements are fulfilled.
      2.2.   Checking of the field of vision
      2.2.1.   Procedure for determining masking effects
      2.2.1.1.   The tractor must be placed on a horizontal surface as shown in Figure 2. On a horizontal support level with the reference point, there must be mounted two point sources of light, e.g. 2 × 150 W, 12 V, 65 mm apart and symmetrically located with respect to the reference point. The support must be rotatable at its centre point about a vertical axis passing through the reference point. For the purpose of measuring the masking effects, the support must be so aligned that the line joining the two light sources is perpendicular to the line joining the masking component and the reference point.
      The silhouette (deepest shadow) overlaps projected on to the semi-circle of vision by the masking component when the light sources are switched on simultaneously or alternately must be measured in accordance with point 1.4 (Figure 3).
      2.2.1.2.   Masking effects must not exceed 700 mm.
      2.2.1.3.   Masking effects due to adjacent structural components over 80 mm in width must be so configured that there is an interval of not less than 2 200 mm — measured as a chord of the semi-circle of vision — between the centres of two masking effects.
      2.2.1.4.   There may be no more than six masking effects in the semi-circle of vision and no more than two inside the sector of vision defined in point 1.5.
      2.2.1.5.   Outside the sector of vision, masking effects exceeding 700 mm but not exceeding 1 500 mm are, however, permissible if the components causing them cannot be redesigned or relocated: on each side there may be a total of either two such masking effects, one not exceeding 700 mm and the other not exceeding 1 500 mm, or two such masking effects, neither exceeding 1 200 mm.
      2.2.1.6.   Blind spots caused by type-approved rear-view mirrors may be disregarded if the design of these mirrors is such that they cannot be installed in any other way.
      2.2.2.   Mathematical determination of masking effects for binocular vision:
      2.2.2.1.   as an alternative to the procedure set out in point 2.2.1, the acceptability of individual masking effects can be determined mathematically. The requirements of points 2.2.1.2 to 2.2.1.6 shall apply in respect of the size, distribution and number of the masking effects;
      2.2.2.2.   for binocular vision with an inter-ocular distance of 65 mm, the masking effect expressed in mm is given by the formula:

      in which:

                  a

                  is the distance in millimetres between the component obstructing vision and the reference point measured along the visual radius joining the reference point, the centre of the component and the perimeter of the semi-circle of vision; and

                  b

                  is the width in millimetres of the component obstructing vision measured horizontally and perpendicular to the visual radius.

            2.3.   The test methods referred to under point 2.2 may be replaced by others if the latter can be shown to be equivalent.
      2.4.   Transparent area of the windscreen
      For the purpose of determining the masking effects in the sector of vision, the masking effects due to the frame of the windscreen and to any other obstacle may, in accordance with the provisions of point 2.2.1.4, be considered as a single effect, provided that the distance between the outermost points of this masking effect does not exceed 700 mm.
      2.5.   Windscreen wipers
      2.5.1.   Tractors fitted with windscreens must also be equipped with motor-driven windscreen wipers. The area swept by these wipers must ensure an unobstructed forward view corresponding to a chord of the semi-circle of vision at least 8 m long within the sector of vision.
      2.5.2.   The rate of operation of the windscreen wipers must be at least 20 cycles per minute.

      ANNEX II
      PART A
      Repealed Directive with its successive amendments (referred to in Article 6)

                  Council Directive 74/347/EEC
                  (OJ L 191, 15.7.1974, p. 5)

                  Commission Directive 79/1073/EEC
                  (OJ L 331, 27.12.1979, p. 20)

                  Council Directive 82/890/EEC
                  (OJ L 378, 31.12.1982, p. 45)

                  Only as regards the references to Directive 74/347/EEC in Article 1(1)

                  Directive 97/54/EC of the European Parliament and of the Council
                  (OJ L 277, 10.10.1997, p. 24)

                  Only as regards the references to Directive 74/347/EEC in the first indent of Article 1

      PART B
      List of time-limits for transposition into national law and application (referred to in Article 6)

                  Directive

                  Time-limit for transposition

                  Date of application

                  74/347/EEC

                  2 January 1976 (1)

                  79/1073/EEC

                  30 April 1980

                  82/890/EEC

                  22 June 1984

                  97/54/EC

                  22 September 1998

                  23 September 1998

         (1)  In compliance with Article 3a, inserted by point 2 of Article 1 of Directive 79/1073/EEC:

         ‘1.   With effect from 1 May 1980 no Member State may, on grounds relating to the field of vision of tractors:

                     —

                     refuse, in respect of a type of tractor, to grant EEC type-approval, to issue the document referred to in the last indent of Article 10(1) of Directive 74/150/EEC, or to grant national type-approval,

                     —

                     or prohibit the entry into service of tractors,

               if the field of vision of this type of tractor or of these tractors complies with the provisions of this Directive.
         2.   With effect from 1 October 1980 Member States:

                     —

                     may no longer issue the document referred to in the last indent of Article 10(1) of Directive 74/150/EEC in respect of a type of tractor in which the field of vision does not comply with the provisions of this Directive,

                     —

                     may refuse to grant national type-approval in respect of a type of tractor whose field of vision does not comply with the provisions of this Directive.

               3.   With effect from 1 January 1983, Member States may prohibit the entry into service of any tractor whose field of vision does not comply with the provisions of this Directive.’

      ANNEX III
      CORRELATION TABLE

                  Directive 74/347/EEC

                  This Directive

                  Articles 1 to 3

                  Articles 1 to 3

                  Article 3a

                  Table note (*), Annex II

                  Article 4

                  Article 4

                  Article 5(1)

                  —

                  Article 5(2)

                  Article 5

                  —

                  Articles 6 and 7

                  Article 6

                  Article 8

                  Annex

                  Annex I

                  Annex, points 1 to 2.3

                  Annex I, points 1 to 2.3

                  Annex, point 2.4

                  —

                  Annex, point 2.5

                  Annex I, point 2.4

                  Annex, point 2.6

                  Annex I, point 2.5

                  Annex, figures 1, 2 and 3

                  Annex I, figures 1, 2 and 3

                  —

                  Annex II

                  —

                  Annex III


title: Commission Directive 2010/46/EU of 2 July 2010 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directives 2002/53/EC and 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species  (Text with EEA relevance )

text:
               3.7.2010

               EN

               Official Journal of the European Union

               L 169/7

         COMMISSION DIRECTIVE 2010/46/EU
   of 2 July 2010
   amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directives 2002/53/EC and 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular Article 7(2)(a) and (b) thereof,
   Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2), and in particular Article 7(2)(a) and (b) thereof,
   Whereas:

               (1)

               Commission Directives 2003/90/EC (3) and 2003/91/EC (4) were adopted to ensure that the varieties the Member States include in their national catalogues comply with the guidelines established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination of the various species and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties those Directives provide that guidelines of the International Union for Protection of new Varieties of Plants (UPOV) are to apply.

               (2)

               The CPVO and UPOV have since established further guidelines for a number of other species, and have updated existing ones.

               (3)

               Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly.

               (4)

               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
   Annexes I and II to Directive 2003/90/EC are replaced by the text in part A of the Annex to this Directive.
   Article 2
   The Annexes to Directive 2003/91/EC are replaced by the text in part B of the Annex to this Directive.
   Article 3
   For examinations started before 1 January 2011 Member States may apply Directives 2003/90/EC and 2003/91/EC in the version applying before their amendment by this Directive.
   Article 4
   Member States shall adopt and publish, by 31 December 2010 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 January 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 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, 2 July 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 193, 20.7.2002, p. 1.

      (2)  OJ L 193, 20.7.2002, p. 33.

      (3)  OJ L 254, 8.10.2003, p. 7.

      (4)  OJ L 254, 8.10.2003, p. 11.

      ANNEX

         PART A

      ‘
            ANNEX I

               List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols

                        Scientific name

                        Common name

                        CPVO protocol

                           Pisum sativum L.

                        Field pea

                        TP 7/2 of 11.3.2010

                           Brassica napus L.

                        Swede rape

                        TP 36/1 of 25.3.2004

                           Helianthus annuus L.

                        Sunflower

                        TP 81/1 of 31.10.2002

                           Linum usitatissimum L.

                        Flax/Linseed

                        TP 57/1 of 21.3.2007

                           Avena nuda L.

                        Small naked oat, Hulless oat

                        TP 20/1 of 6.11.2003

                           Avena sativa L. (includes A. byzantina K. Koch)

                        Oats and Red oat

                        TP 20/1 of 6.11.2003

                           Hordeum vulgare L.

                        Barley

                        TP 19/2rev. of 11.3.2010

                           Oryza sativa L.

                        Rice

                        TP 16/1 of 18.11.2004

                           Secale cereale L.

                        Rye

                        TP 58/1 of 31.10.2002

                           Triticosecale Wittm. ex A. Camus

                        Hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale

                        TP 121/2 of 22.1.2007

                           Triticum aestivum L.

                        Wheat

                        TP 3/4rev. of 28.10.2009

                           Triticum durum Desf.

                        Durum wheat

                        TP 120/2 of 6.11.2003

                           Zea mays L.

                        Maize

                        TP 2/3 of 11.3.2010

                           Solanum tuberosum L.

                        Potato

                        TP 23/2 of 1.12.2005

                  The text of these protocols can be found on the CPVO website (www.cpvo.europa.eu).

            ANNEX II

               List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines

                        Scientific name

                        Common name

                        UPOV guideline

                           Beta vulgaris L.

                        Fodder beet

                        TG/150/3 of 4.11.1994

                           Agrostis canina L.

                        Velvet bent

                        TG/30/6 of 12.10.1990

                           Agrostis gigantea Roth.

                        Red top

                        TG/30/6 of 12.10.1990

                           Agrostis stolonifera L.

                        Creeping bent

                        TG/30/6 of 12.10.1990

                           Agrostis capillaris L.

                        Brown top

                        TG/30/6 of 12.10.1990

                           Bromus catharticus Vahl

                        Rescue grass

                        TG/180/3 of 4.4.2001

                           Bromus sitchensis Trin.

                        Alaska brome grass

                        TG/180/3 of 4.4.2001

                           Dactylis glomerata L.

                        Cocksfoot

                        TG/31/8 of 17.4.2002

                           Festuca arundinacea Schreber

                        Tall fescue

                        TG/39/8 of 17.4.2002

                           Festuca filiformis Pourr.

                        Fine-leaved sheep’s fescue

                        TG/67/5 of 5.4.2006

                           Festuca ovina L.

                        Sheep’s fescue

                        TG/67/5 of 5.4.2006

                           Festuca pratensis Huds.

                        Meadow fescue

                        TG/39/8 of 17.4.2002

                           Festuca rubra L.

                        Red fescue

                        TG/67/5 of 5.4.2006

                           Festuca trachyphylla (Hack.) Krajina

                        Hard fescue

                        TG/67/5 of 5.4.2006

                           Lolium multiflorum Lam.

                        Italian ryegrass

                        TG/4/8 of 5.4.2006

                           Lolium perenne L.

                        Perennial ryegrass

                        TG/4/8 of 5.4.2006

                           Lolium x boucheanum Kunth

                        Hybrid ryegrass

                        TG/4/8 of 5.4.2006

                           Phleum nodosum L.

                        Small timothy

                        TG/34/6 of 7.11.1984

                           Phleum pratense L.

                        Timothy

                        TG/34/6 of 7.11.1984

                           Poa pratensis L.

                        Smooth-stalked meadow grass

                        TG/33/6 of 12.10.1990

                           Lupinus albus L.

                        White lupin

                        TG/66/4 of 31.3.2004

                           Lupinus angustifolius L.

                        Narrow-leaved lupin

                        TG/66/4 of 31.3.2004

                           Lupinus luteus L.

                        Yellow lupin

                        TG/66/4 of 31.3.2004

                           Medicago sativa L.

                        Lucerne

                        TG/6/5 of 6.4.2005

                           Medicago x varia T. Martyn

                        Sand lucerne

                        TG/6/5 of 6.4.2005

                           Trifolium pratense L.

                        Red clover

                        TG/5/7 of 4.4.2001

                           Trifolium repens L.

                        White clover

                        TG/38/7 of 9.4.2003

                           Vicia faba L.

                        Field bean

                        TG/8/6 of 17.4.2002

                           Vicia sativa L.

                        Common vetch

                        TG/32/6 of 21.10.1988

                           Brassica napus L. var. napobrassica (L.) Rchb.

                        Swede

                        TG/89/6rev. of 4.4.2001 + 1.4.2009

                           Raphanus sativus L. var. oleiformis Pers.

                        Fodder radish

                        TG/178/3 of 4.4.2001

                           Arachis hypogea L.

                        Groundnut/Peanut

                        TG/93/3 of 13.11.1985

                           Brassica rapa L. var. silvestris (Lam.) Briggs

                        Turnip rape

                        TG/185/3 of 17.4.2002

                           Carthamus tinctorius L.

                        Safflower

                        TG/134/3 of 12.10.1990

                           Gossypium spp.

                        Cotton

                        TG/88/6 of 4.4.2001

                           Papaver somniferum L.

                        Poppy

                        TG/166/3 of 24.3.1999

                           Sinapis alba L.

                        White mustard

                        TG/179/3 of 4.4.2001

                           Glycine max (L.) Merrill

                        Soya bean

                        TG/80/6 of 1.4.1998

                           Sorghum bicolor (L.) Moench

                        Sorghum

                        TG/122/3 of 6.10.1989

                  The text of these guidelines can be found on the UPOV website (www.upov.int).
         ’

         PART B

      ‘
            ANNEX I

               List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols

                        Scientific name

                        Common name

                        CPVO protocol

                           Allium cepa L. (Cepa group)

                        Onion and Echalion

                        TP 46/2 of 1.4.2009

                           Allium cepa L. (Aggregatum group)

                        Shallot

                        TP 46/2 of 1.4.2009

                           Allium fistulosum L.

                        Japanese bunching onion or Welsh onion

                        TP 161/1 of 11.3.2010

                           Allium porrum L.

                        Leek

                        TP 85/2 of 1.4.2009

                           Allium sativum L.

                        Garlic

                        TP 162/1 of 25.3.2004

                           Allium schoenoprasum L.

                        Chives

                        TP 198/1 of 1.4.2009

                           Apium graveolens L.

                        Celery

                        TP 82/1 of 13.3.2008

                           Apium graveolens L.

                        Celeriac

                        TP 74/1 of 13.3.2008

                           Asparagus officinalis L.

                        Asparagus

                        TP 130/1 of 27.3.2002

                           Beta vulgaris L.

                        Beetroot including Cheltenham beet

                        TP 60/1 of 1.4.2009

                           Brassica oleracea L.

                        Cauliflower

                        TP 45/2 of 11.3.2010

                           Brassica oleracea L.

                        Sprouting broccoli or Calabrese

                        TP 151/2 of 21.3.2007

                           Brassica oleracea L.

                        Brussels sprouts

                        TP 54/2 of 1.12.2005

                           Brassica oleracea L.

                        Kohlrabi

                        TP 65/1 of 25.3.2004

                           Brassica oleracea L.

                        Savoy cabbage, White cabbage and Red cabbage

                        TP 48/2 of 1.12.2005

                           Brassica rapa L.

                        Chinese cabbage

                        TP 105/1 of 13.3.2008

                           Capsicum annuum L.

                        Chilli or Pepper

                        TP 76/2 of 21.3.2007

                           Cichorium endivia L.

                        Curled-leaved endive and Plain-leaved endive

                        TP 118/2 of 1.12.2005

                           Cichorium intybus L.

                        Industrial chicory

                        TP 172/2 of 1.12.2005

                           Cichorium intybus L.

                        Witloof chicory

                        TP 173/1 of 25.3.2004

                           Citrullus lanatus (Thumb.) Matsum. et Nakai

                        Watermelon

                        TP 142/1 of 21.3.2007

                           Cucumis melo L.

                        Melon

                        TP 104/2 of 21.3.2007

                           Cucumis sativus L.

                        Cucumber and Gherkin

                        TP 61/2 of 13.3.2008

                           Cucurbita pepo L.

                        Marrow or Courgette

                        TP 119/1 of 25.3.2004

                           Cynara cardunculus L.

                        Globe artichoke and Cardoon

                        TP 184/1 of 25.3.2004

                           Daucus carota L.

                        Carrot and Fodder carrot

                        TP 49/3 of 13.3.2008

                           Foeniculum vulgare Mill.

                        Fennel

                        TP 183/1 of 25.3.2004

                           Lactuca sativa L.

                        Lettuce

                        TP 13/4 of 1.4.2009

                           Lycopersicon esculentum Mill.

                        Tomato

                        TP 44/3 of 21.3.2007

                           Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                        Parsley

                        TP 136/1 of 21.3.2007

                           Phaseolus coccineus L.

                        Runner bean

                        TP 9/1 of 21.3.2007

                           Phaseolus vulgaris L.

                        Dwarf French bean and Climbing French bean

                        TP 12/3 of 1.4.2009

                           Pisum sativum L. (partim)

                        Wrinkled pea, Round pea and Sugar pea

                        TP 7/2 of 11.3.2010

                           Raphanus sativus L.

                        Radish

                        TP 64/1 of 27.3.2002

                           Solanum melongena L.

                        Aubergine or Egg plant

                        TP 117/1 of 13.3.2008

                           Spinacia oleracea L.

                        Spinach

                        TP 55/3 of 11.3.2010

                           Valerianella locusta (L.) Laterr.

                        Corn salad or Lamb’s lettuce

                        TP 75/2 of 21.3.2007

                           Vicia faba L. (partim)

                        Broad bean

                        TP Broadbean/1 of 25.3.2004

                           Zea mays L. (partim)

                        Sweet corn and Pop corn

                        TP 2/3 of 11.3.2010

                  The text of these protocols can be found on the CPVO website (www.cpvo.europa.eu).

            ANNEX II

               List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines

                        Scientific name

                        Common name

                        UPOV guideline

                           Beta vulgaris L.

                        Spinach beet or Chard

                        TG/106/4 of 31.3.2004

                           Brassica oleracea L.

                        Curly kale

                        TG/90/6 of 31.3.2004

                           Brassica rapa L.

                        Turnip

                        TG/37/10 of 4.4.2001

                           Cichorium intybus L.

                        Large-leaved chicory or Italian chicory

                        TG/154/3 of 18.10.1996

                           Cucurbita maxima Duchesne

                        Gourd

                        TG/155/4rev. of 28.3.2007 + 1.4.2009

                           Raphanus sativus L.

                        Black radish

                        TG/63/6 of 24.3.1999

                           Rheum rhabarbarum L.

                        Rhubarb

                        TG/62/6 of 24.3.1999

                           Scorzonera hispanica L.

                        Scorzonera or Black salsify

                        TG/116/4 of 24.3.2010

                  The text of these guidelines can be found on the UPOV website (www.upov.int).
         ’


Avis juridique important

|

31995L0063

Council Directive 95/63/EC of 5 December 1995 amending Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Official Journal L 335 , 30/12/1995 P. 0028 - 0036

COUNCIL DIRECTIVE 95/63/ECof 5 December 1995amending Directive 89/655/EEC concerning the minimum  safety and health requirements for the use of work equipment by workers at work (second individual  Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)THE COUNCIL  OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 118a  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189c (3), Whereas Article 118a of the Treaty provides that the Council shall adopt by means of directives,  minimum requirements for encouraging improvements, especially in the working environment, as  regards the health and safety of workers; Whereas, pursuant to the said Article, such Directives must avoid imposing administrative,  financial and legal constraints in a way which would hold back the creation and development of  small and medium-sized undertakings; Whereas compliance with the minimum requirements designed to guarantee a better standard of safety  and health in the use of work equipment is essential to ensure the safety and health of workers; Whereas, therefore, Member States must take measures to facilitate implementation of the provisions  of this Directive by undertakings, in particular small and medium-sized undertakings; whereas such  measures may include training and information activities adapted to the specific requirements of  the various sectors of the economy; Whereas provisions adopted pursuant to Article 118a of the Treaty do not prevent each Member State  from establishing and maintaining more stringent protective measures, compatible with this Treaty,  governing conditions of work; Whereas Article 9 (1) o Directive 89/655/EEC (4) provides for the addition to the Annex of the  supplementary minimum requirements applicable to work equipment referred to in point 3 of the  Annex, in accordance with the procedure provided for in Article 118a of the Treaty; Whereas this Directive must confine itself to defining the objectives to be achieved and the  principles to be respected leaving Member States free to decide how national legislation will be  complied with and improved upon; Whereas the Member States shall, after consultation with both sides of industry, and with due  allowance for national legislation and/or practice, establish procedures whereby a level of safety  may be attained corresponding to the objectives indicated by Annex II to this Directive; Whereas this Directive constitutes a practical element in realizing the social dimension of the  internal market, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 89/655/EEC is hereby amended as follows: 1. Article 4 shall be amended as follows: (a) in paragraph 1 (a) (ii) and (b), 'in the Annex' shall be replaced by 'in Annex I'; (b) the following point is inserted in paragraph 1: '(c) without prejudice to point (a) (i), and notwithstanding point (a) (ii) and point (b), specific  work equipment subject to the requirements of point 3 of Annex I, which, if already provided to  workers in the undertaking and/or establishment by 5 December 1998, complies with the minimum  requirements laid down in Annex I, no later than four years after that date'; (c) the following paragraph shall be added: '3. Member States shall, after consultation with both sides of industry, and with due allowance for  national legislation and/or practice, establish procedures whereby a level of safety may be  attained corresponding to the objectives indicated by the provisions of Annex II.'2. The following  Article shall be inserted: 'Article 4aInspection of work equipment1. The employer shall ensure that where the safety of work  equipment depends on the installation conditions, it shall be subject to an initial inspection  (after installation and before first being put into service) and an inspection after assembly at a  new site or in a new location by competent persons within the meaning of national laws and/or  practices, to ensure that the work equipment has been installed correctly and is operating  properly. 2. The employer shall ensure that work equipment exposed to conditions causing deterioration which  is liable to result in dangerous situations is subject to: - periodic inspections and, where appropriate, testing by competent persons within the meaning of  national laws and/or practices, - special inspections by competent persons within the meaning of national laws and/or practices  each time that exceptional circumstances which are liable to jeopardize the safety of the work  equipment have occurred, such as modification work, accidents, natural phenomena or prolonged  periods of inactivity, to ensure that health and safety conditions are maintained and that the deterioration can be  detected and remedied in good time. 3. The results of inspections must be recorded and kept at the disposal of the authorities  concerned. They must be kept for a suitable period of time. When work equipment is used outside the undertaking it must be accompanied by physical evidence  that the last inspection has been carried out. 4. Member States shall determine the conditions under which such inspections are made.'; 3. the following Article shall be inserted: 'Article 5aErgonomics and occupational healthThe working posture and position of workers while  using work equipment and ergonomic principles must be taken fully into account by the employer when  applying minimum health and safety requirements.'; 4. the following subparagraph shall be added at the end of Article 6 (2): 'Workers must be made aware of dangers relevant to them, work equipment present in the work area or  site, and any changes affecting them, in as much as they affect work equipment situated in their  immediate work area or site, even if they do not use such equipment directly.'; 5. in Article 8, 'the Annex' is replaced by 'the Annexes'; 6. Article 9 shall be amended as follows: - in the title to the Article, 'of the Annex' shall be replaced by 'of the Annexes', - in paragraph 1, 'the Annex' where it appears twice in the text shall be replaced by 'Annex I', - in paragraph 2, 'the Annex' shall be replaced by 'the Annexes'; 7. the Annex, which becomes Annex I, shall be amended in conformity with Annex I to this  Directive; 8. an Annex II shall be added, the text of which is 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 this Directive before 5 December 1995. They shall forthwith  inform the Commission thereof. When Member States adopt these provisions, 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 shall communicate to the Commission the provisions of national law which they have  already adopted or which they adopt in the field governed by this Directive. 3. The Commission shall periodically present a report on the implementation of this Directive to  the European Parliament, the Council and the Economic and Social Committee. Article 3 This Directive is addressed to the Member States. Done at Brussels, 5 December 1995. For the CouncilThe PresidentJ. A. GRIÑÁN(1) OJ No C 104, 12. 4. 1994, p. 4;  and OJ No C 246, 22. 9. 1995, p. 3. (2) OJ No C 397, 31. 12. 1994, p. 13. (3) Opinion of the European Parliament of 17 February 1995 (OJ No C 56, 6. 3. 1995, p. 175),  Council common position of 24 July 1995 (OJ No C 281, 25. 10. 1995, p. 41) and Decision of the  European Parliament of 17 November 1995 (OJ No C 323, 4. 12. 1995). (4) OJ No L 393, 30. 12. 1989, p. 13.  ANNEX I The Annex (which becomes Annex I) to Directive 89/655/EEC is amended as follows: 1. the following paragraph shall be added to the general comment: 'The following minimum requirements, in as much as they apply to work equipment in use, do not  necessarily call for the same measures as the essential requirements concerning new work  equipment.'; 2. in point 2.1, the last paragraph is replaced by the following text: 'Control systems must be safe and must be chosen making due allowance for the failures, faults and  constraints to be expected in the planned circumstances of use.'; 3. Point 3 is replaced by the following text: '3. Additional minimum requirements applicable to specific types of work equipment3.1. Minimum  requirements for mobile work equipment, whether or not self-propelled3.1.1. Work equipment with  ride-on workers must be fitted out in such a way as to reduce the risks for workers during the  journey. Those risks must include the risks of contact with or trapping by wheels or tracks. 3.1.2. Where an inadvertent seizure of the drive unit between an item of mobile work equipment and  its accessories and/or anything towed might create a specific risk, such work equipment must be  equipped or adapted to prevent blockages of the drive units. Where such seizure cannot be avoided, every possible measure must be taken to avoid any adverse  effects on workers. 3.1.3. Where drive shafts for the transmission of energy between mobile items of work equipment can  become soiled or damaged by trailing on the ground, facilities must be available for fixing them. 3.1.4. Mobile work equipment with ride-on workers must be designed to restrict, under actual  conditions of use, the risks arising from work equipment rollover: - either by a protection structure to ensure that the equipment does not tilt by more than a  quarter turn, or- a structure giving sufficient clearance around the ride-on workers if the  tilting movement can continue beyond a quarter turn, or- by some other device of equivalent  effect. These protection structures may be an integral part of the work equipment. These protection structures are not required when the work equipment is stabilized during operation  or where the design makes roll over impossible. Where there is a risk of a ride-on worker being crushed between parts of the work equipment and the  ground, should the equipment roll over, a restraining system for the ride-on workers must be  installed. 3.1.5. Fork-lift trucks carrying one or more workers must be adapted or equipped to limit the risk  of the fork-lift truck overturning, e. g.: - by the installation of an enclosure for the driver, or- by a structure preventing the fork-lift  truck from overturning, or- by a structure ensuring that, if the fork-lift truck overturns,  sufficient clearance remains between the ground and certain parts of the fork-lift truck for the  workers carried, or- by a structure restraining the workers on the driving seat so as to prevent  them from being crushed by parts of the fork-lift truck which overturns. 3.1.6. Self-propelled work equipment which may, in motion, engender risks for persons must fulfil  the following conditions: (a) the equipment must have facilities for preventing unauthorized start-up; (b) it must have appropriate facilities for minimizing the consequences of a collision where there  is more than one item of track-mounted work equipment in motion at the same time; (c) there must be a device for braking and stopping equipment. Where safety constraints so require,  emergency facilities operated by readily accessible controls or automatic systems must be available  for braking and stopping equipment in the event of failure of the main facility; (d) where the driver's direct field of vision is inadequate to ensure safety, adequate auxiliary  devices must be installed to improve visibility; (e) work equipment designed for use at night or in dark places must be equipped with lighting  appropriate to the work to be carried out and must ensure sufficient safety for workers; (f) work equipment which constitutes a fire hazard, either on its own or in respect of whatever it  is towing and/or carrying and which is liable to endanger workers, must be equipped with  appropriate fire-fighting appliances where such appliances are not available sufficiently nearby at  the place of use; (g) remote-controlled work equipment must stop automatically once it leaves the control range; (h) remote-controlled work equipment which may in normal conditions engender a crushing or impact  hazard must have facilities to guard against this risk, unless other appropriate devices are  present to control the impact risk. 3.2. Minimum requirements for work equipment for lifting loads3.2.1. When work equipment for  lifting loads is installed permanently, its strength and stability during use must be assured,  having regard, in particular, to the loads to be lifted and the stress induced at the mounting or  fixing point of the structures. 3.2.2. Machinery for lifting loads must be clearly marked to indicate its nominal load, and where  appropriate a load plate giving the nominal load for each configuration of the machinery. Accessories for lifting must be marked in such a way that it is possible to identify the  characteristics essential for safe use. Work equipment which is not designed for lifting persons but which might be so used in error must  be appropriately and clearly marked to this effect. 3.2.3. Permanently installed work equipment must be installed in such a way as to reduce the risk  of the load: (a) striking workers; (b) drifting dangerously or falling freely; (c) being released unintentionally. 3.2.4. Work equipment for lifting or moving workers must be such as to: (a) prevent the risk of the car falling, where one exists, by suitable devices; (b) prevent the risk of the user himself falling from the car, where one exists; (c) prevent the risk of the user being crushed, trapped or struck, in particular through  inadvertent contact with objects; (d) ensure that persons trapped in the car in the event of an incident are not exposed to danger  and can be freed. If, for reasons inherent in the site and height differences, the risks referred to in point (a)  cannot be avoided by any safety measures, an enhanced safety coefficient suspension rope must be  installed and checked every working day.' ANNEX II 'ANNEX IIPROVISIONS CONCERNING THE USE OF WORK EQUIPMENT REFERRED TO IN ARTICLE  4 (3)0. General commentThe obligations laid down in this Annex apply having regard to the  provisions of this Directive and where the corresponding risk exists for the work equipment in  question. 1. General provisions for all work equipment1.1. Work equipment must be installed, located and  used in such a way as to reduce risks to users of the work equipment and for other workers, for  example by ensuring that there is sufficient space between the moving parts of work equipment and  fixed or moving parts in its environment and that all forms of energy and substances used or  produced can be supplied and/or removed in a safe manner. 1.2. Work equipment must be erected or dismantled under safe conditions, in particular observing  any instructions which may have been furnished by the manufacturer. 1.3. Work equipment which may be struck by lightning while being used must be protected by devices  or appropriate means against the effects of lightning. 2. Provisions concerning the use of mobile equipment, whether or not self-propelled2.1.  Self-propelled work equipment shall be driven only by workers who have been appropriately trained  in the safe driving of such equipment. 2.2. If work equipment is moving around in a work area, appropriate traffic rules must be drawn up  and followed. 2.3. Organizational measures must be taken to prevent workers on foot coming within the area of  operation of self-propelled work equipment. If work can be done properly only if workers on foot are present, appropriate measures must be  taken to prevent them from being injured by the equipment. 2.4. The transport of workers on mechanically driven mobile work equipment is authorized only where  safe facilities are provided to this effect. If work must be carried out during the journey, speeds  must be adjusted as necessary. 2.5. Mobile work equipment with a combustion engine may not be used in working areas unless  sufficient quantities of air presenting no health or safety risk to workers can be guaranteed. 3. Provisions concerning the use of work equipment for lifting loads3.1. General  considerations3.1.1. Work equipment which is mobile or can be dismantled and which is designed for  lifting loads must be used in such a way as to ensure the stability of the work equipment during  use under all foreseeable conditions, taking into account the nature of the ground. 3.1.2. Persons may be lifted only by means of work equipment and accessories provided for this  purpose. Without prejudice to Article 5 of Directive 89/391/EEC, exceptionally, work equipment which is not  specifically designed for the purpose of lifting persons may be used to this effect, provided  appropriate action has been taken to ensure safety in accordance with national legislation and/or  practice laying down appropriate supervision. While workers are on work equipment designed for lifting loads the control position must be manned  at all times. Persons being lifted must have reliable means of communication. In the event of  danger, there must be reliable means of evacuating them. 3.1.3. Unless required for the effective operation of the work, measures must be taken to ensure  that workers are not present under suspended loads. Loads may not be moved above unprotected workplaces usually occupied by workers. Where that is the case, if work cannot be carried out properly any other way, appropriate  procedures must be laid down and applied. 3.1.4. Lifting accessories must be selected as a function of the loads to be handled, gripping  points, attachment tackle and the atmospheric conditions having regard to the mode and  configuration of slinging. Lifting accessory tackle must be clearly marked so that users are aware  of its characteristics where such tackle is not dismantled after use. 3.1.5. Lifting accessories must be stored in a way that ensures that they will not be damaged or  degraded. 3.2. Work equipment for lifting non-guided loads3.2.1. When two or more items of work equipment  used for lifting non-guided loads are installed or erected on a site in such a way that their  working radii overlap, appropriate measures must be taken to avoid collision between loads and/or  the work equipment parts themselves. 3.2.2. When using mobile work equipment for lifting non-guided loads, measures must be taken to  prevent the equipment from tilting, overturning or, if necessary, moving or slipping. Checks must  be made to ensure that these measures are executed properly. 3.2.3. If the operator of work equipment designed for lifting non-guided loads cannot observe the  full path of the load either directly or by means of auxiliary equipment providing the necessary  information, a competent person must be in communication with the operator to guide him and  organizational measures must be taken to prevent collisions of the load which could endanger  workers. 3.2.4. Work must be organized in such a way that when a worker is attaching or detaching a load by  hand, it can be done safely, in particular through the worker retaining direct or indirect control  of the work equipment. 3.2.5. All lifting operations must be properly planned, appropriately supervised and carried out to  protect the safety of workers. In particular, if a load has to be lifted by two or more pieces of work equipment for lifting  non-guided loads simultaneously, a procedure must be established and applied to ensure good  coordination on the part of the operators. 3.2.6. If work equipment designed for lifting non-guided loads cannot maintain its hold on the load  in the event of a complete or partial power failure, appropriate measures must be taken to avoid  exposing workers to any resultant risks. Suspended loads must not be left without surveillance unless access to the danger zone is prevented  and the load has been safely suspended and is safely held. 3.2.7. Open-air use of work equipment designed for lifting non-guided loads must be halted when  meteorological conditions deteriorate to the point of jeopardizing the safe use of the equipment  and exposing workers to risks. Adequate protection measures, in particular, to avoid work equipment  turning over must be taken to avoid any risks to workers.'