title: Directive 2009/114/EC of the European Parliament and of the Council of 16 September 2009 amending Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (Text with EEA relevance)

text:
               20.10.2009

               EN

               Official Journal of the European Union

               L 274/25

      DIRECTIVE 2009/114/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 16 September 2009
   amending Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community
   (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),
   Having consulted the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 87/372/EEC (3), complemented by Council Recommendation of 25 June 1987 on the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (4) and by Council Resolution of 14 December 1990 on the final stage of the coordinated introduction of pan-European land-based public digital mobile cellular communications in the Community (GSM) (5), recognised the need to use the resources offered by modern telecommunications networks to the full, in particular mobile radio, in the interests of the economic development of the Community. The unique opportunity offered by the move to the second generation cellular digital mobile communications system in order to establish truly pan-European mobile communications has also been recognised.

               (2)

               The 890-915 MHz and 935-960 MHz frequency bands were reserved for a public pan-European cellular digital mobile communications service to be provided in each Member State in accordance with a common specification, known as GSM. Subsequently the so-called extension band (880-890 MHz and 925-935 MHz) became available for GSM operation, and together these frequency bands are known as the 900 MHz band.

               (3)

               Since 1987, new digital radio technologies capable of providing innovative pan-European electronic communications have been developed, which can coexist with GSM in the 900 MHz band in a more technologically neutral regulatory context than before. The 900 MHz band has good propagation characteristics, covering greater distances than higher frequency bands and allowing modern voice, data and multimedia services to be extended to less populated and rural areas.

               (4)

               In order to contribute to the objectives of the internal market and of the Commission Communication of 1 June 2005 entitled ‘i2010 initiative — A European Information Society for growth and employment’, while maintaining the availability of GSM for users throughout Europe, and to maximise competition by offering users a wide choice of services and technologies, the use of the 900 MHz band should be available to other technologies for the provision of additional compatible and advanced pan-European services that would coexist with GSM.

               (5)

               The future use of the 900 MHz band and in particular the question of how long GSM will remain the reference technology for technical coexistence in this band is a question of strategic importance for the internal market. It should be examined together with other issues concerning the Community’s wireless access policy in the future radio spectrum policy programmes, to be adopted in accordance with Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (6). Those programmes will set out the policy orientations and objectives for the strategic planning of the use of radio spectrum, in close cooperation with the Radio Spectrum Policy Group (RSPG) established by Commission Decision 2002/622/EC (7).

               (6)

               The liberalisation of the use of the 900 MHz band could possibly result in competitive distortions. In particular, where certain mobile operators have not been assigned spectrum in the 900 MHz band, they could be put at a disadvantage in terms of cost and efficiency in comparison with operators that will be able to provide 3G services in that band. Under the regulatory framework on electronic communications, and in particular Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (8), Member States can amend and/or review rights of use of spectrum and thus have the tools to deal, where required, with such possible distortions.

               (7)

               Within six months of the entry into force of this Directive, Member States should transpose Directive 87/372/EEC as amended. While this does not in itself require Member States to modify existing rights of use or to initiate an authorisation procedure, Member States must comply with the requirements of Directive 2002/20/EC once the 900 MHz band has been made available in accordance with this Directive. In doing so, they should in particular examine whether the implementation of this Directive could distort competition in the mobile markets concerned. If they conclude that this is the case, they should consider whether it is objectively justified and proportionate to amend the rights of use of those operators that were granted rights of use of 900 MHz frequencies and, where proportionate, to review these rights of use and to redistribute such rights in order to address such distortions. Any decision to take such a course of action should be preceded by a public consultation.

               (8)

               Any spectrum made available under this Directive should be allocated in a transparent manner and in such a way as to ensure no distortion of competition in the relevant markets.

               (9)

               In order for other systems to coexist with GSM systems in the same band, harmful interference should be avoided by applying technical usage conditions applicable to technologies other than GSM using the 900 MHz band.

               (10)

               Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (9) allows the Commission to adopt technical implementing measures to ensure harmonised conditions for the availability and efficient use of radio spectrum.

               (11)

               As requested by the Commission, the European Conference of Postal and Telecommunications Administrations (CEPT) has produced technical reports demonstrating that UMTS systems (Universal Mobile Telecommunications System) could coexist with GSM systems in the 900 MHz band. The 900 MHz band should therefore be opened to UMTS, a system that can coexist with GSM systems, as well as to other systems as soon as it can be demonstrated that they can coexist with GSM systems in accordance with the procedure laid down in the Radio Spectrum Decision for the adoption of harmonised conditions for the availability and efficient use of radio spectrum. Where a Member State decides to assign rights of use for systems using the UMTS 900 specification, the application of the Radio Spectrum Decision, and the provisions of Directive 2002/21/EC, will ensure that such systems are protected from harmful interference from other systems in operation.

               (12)

               Appropriate protection should be ensured between users of the bands covered by this Directive and for existing users in adjacent bands. Furthermore, prospective systems for aviation communications above 960 MHz, which help fulfil Community policy objectives in this sector, should be taken into account. CEPT has produced technical advice in this respect.

               (13)

               Flexibility in spectrum management and access to spectrum should be increased in order to contribute to the objectives of the internal market in electronic communications. The 900 MHz band should therefore be open to other systems for the provision of other pan-European services as soon as it can be demonstrated that those systems can coexist with GSM systems.

               (14)

               In order to allow new digital technologies to be deployed in the 900 MHz band in coexistence with GSM systems, Directive 87/372/EEC should be amended and the exclusive reservation of this band for GSM should be removed,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments to Directive 87/372/EEC
   Directive 87/372/EEC is hereby amended as follows:

               1.

               Article 1 shall be replaced by the following:
               ‘Article 1
               1.   Member States shall make the 880-915 MHz and 925-960 MHz frequency bands (the 900 MHz band) available for GSM and UMTS systems, as well as for other terrestrial systems capable of providing electronic communications services that can coexist with GSM systems, in accordance with technical implementing measures adopted pursuant to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (10);
               2.   Member States shall, when implementing this Directive, examine whether the existing assignment of the 900 MHz band to the competing mobile operators in their territory is likely to distort competition in the mobile markets concerned and, where justified and proportionate, they shall address such distortions in accordance with Article 14 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (11).

               2.

               Article 2 shall be replaced by the following:
               ‘Article 2
               For the purposes of this Directive, the following definitions shall apply:

                           (a)

                           “GSM system” shall mean an electronic communications network that complies with the GSM standards, as published by ETSI, in particular EN 301 502 and EN 301 511;

                           (b)

                           “UMTS system” shall mean an electronic communications network that complies with the UMTS standards as published by ETSI, in particular EN 301 908-1, EN 301 908-2, EN 301 908-3 and EN 301 908-11.’;

               3.

               Article 3 shall be replaced by the following:
               ‘Article 3
               1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 May 2010. They shall forthwith communicate to the Commission the text of those measures and a correlation table between those measures and this Directive.
               When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States;
               2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.’;

               4.

               Article 4 shall be deleted.

         Article 2
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 3
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 16 September 2009.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         C. MALMSTRÖM

      (1)  Opinion of 25 February 2009 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 6 May 2009 (not yet published in the Official Journal) and Council Decision of 27 July 2009.

      (3)  OJ L 196, 17.7.1987, p. 85.

      (4)  OJ L 196, 17.7.1987, p. 81.

      (5)  OJ C 329, 31.12.1990, p. 25.

      (6)  OJ L 108, 24.4.2002, p. 33.

      (7)  OJ L 198, 27.7.2002, p. 49.

      (8)  OJ L 108, 24.4.2002, p. 21.

      (9)  OJ L 108, 24.4.2002, p. 1.

      (10)  OJ L 108, 24.4.2002, p. 1.

      (11)  OJ L 108, 24.4.2002, p. 21.’;


Avis juridique important

|

31993L0059

Council Directive 93/59/EEC of 28 June 1993 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles

Official Journal L 186 , 28/07/1993 P. 0021 - 0027 Finnish special edition: Chapter 13 Volume 24 P. 0143  Swedish special edition: Chapter 13 Volume 24 P. 0143

COUNCIL DIRECTIVE 93/59/EEC of 28 June 1993 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehiclesTHE COUNCIL OF THE  EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission(1) ,   In cooperation with the European Parliament(2) ,  Having regard to the opinion of the Economic and Social Committee(3) ,  Whereas it is important to adopt measures within the context of the internal market; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;  Whereas the first programme of action of the European Communities on protection of the environment, approved on 22 November 1973(4) , called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases  emitted from motor vehicles and for directives adopted previously to be amended accordingly; whereas the third programme of action, approved on 7 February 1983(5) , provides for additional efforts to be made to reduce substantially the present level of  emissions of pollutants from motor vehicles;  Whereas Directive 70/220/EEC(6)  is one of the separate directives of the EEC type-approval procedure which has been established by 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(7) ;  Whereas Directive 70/220/EEC lays down the limit values for carbon monoxide and unburnt hydrocarbon emissions from the engines of such vehicles; whereas these limit values were first reduced by Directive 74/290/EEC(8)  and supplemented, in accordance  with Directive 77/102/EEC(9)  by limit values for permissible emissions of nitrogen oxides; whereas the limit values for these three types of pollution were successively reduced by Directives 78/665/EEC(10) , 83/351/EEC(11)  and 88/76/EEC(12) , limit  values for particulate pollutant emissions from diesel engines were introduced by Directive 88/436/EEC(13)  and more stringent European standards for the emissions of gaseous pollutants of cars below 1 400 cm3 by Directive 89/458/EEC(14) ; whereas these  standards have been extended to all cars independently of their engine capacity on the basis of an improved European test procedure including an extra-urban driving cycle and requirements relating to the evaporative emissions and to the durability of  emission-related vehicle components as well as more stringent particulate pollutant standards for cars equipped with diesel engines which were introduced by Directive 91/441/EEC;  Whereas the stringent European standards apply only to passenger cars designed to carry no more than six occupants and having a maximum mass of not more than 2 500 kg; whereas the transitional provisions relating to the other vehicle categories covered  by Directive 70/220/EEC, in particular to light commercial vehicles, provide for less stringent standards;  Whereas the environmental impact of the more stringent standards would be greatly increased and speeded up if the Member States were to grant tax incentives for the purchase of new vehicles which comply in advance with the standards set out in this  Directive;  Whereas it is generally agreed that future transport developments in the Community will be accompanied by an increase in pollution of the environment; whereas hitherto official forecasts of increases in traffic density have been exceeded by actual  developments; whereas, therefore, very stringent exhaust emission standards must be laid down for all motor vehicles;  Whereas a special R  &   D effort to reduce air pollution from motor vehicles may be a decisive factor in improving the competitiveness of the European motor industry;  Whereas the Commission has the task of regularly evaluating the latest scientific progress enabling the permitted limit values for air pollution from motor vehicles to be lowered and allowing the appropriate reduction measures to be proposed after  consultation with the Motor Vehicle Emissions Group;  Whereas in the next stage to reduce limit values for light commercial vehicles, and subject to appropriate technical evaluation, vehicle categories II and III could be amalgamated and specific limit values applying to the control of production  conformity should be deleted;  Whereas the work undertaken by the Commission in this field has shown that Community industry has available, or is currently perfecting, technologies which allow thevehicles concerned by this Directive to comply with standards which are as severe as  those for passenger cars taking into account the specific conditions of such vehicles; whereas the proposed standard should be implemented as soon as possible in order to ensure the consistency of the measures taken by the Community against air  pollution by road traffic,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Annexes I, III, IV, V and IX to Directive 70/220/EEC are hereby amended in accordance with the Annex to this Directive.   Article 2  1.  As from 1 October 1993 no Member State may, on grounds relating to air pollution by their emissions:  - refuse to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval for a type of motor vehicle, or - prohibit the initial entry into service of motor vehicles,  if emissions from that type of motor vehicle or from such vehicles meet the provisions of Directive 70/220/EEC, as amended by this Directive.  2.  From 1 October 1993 Member States:  - may no longer grant EEC type-approval or issue the document provided for in the last indent of Article 10 (1) of Directive 70/156/EEC for a type of motor vehicle,  - must refuse national type-approval for a type of motor vehicle,  the emissions from which do not meet the requirements of the Annexes to Directive 70/220/EEC, as amended by this Directive.  3.  From 1 October 1994 Member States shall prohibit the initial entry into service of vehicles the emissions from which do not meet the requirements of the Annexes to Directive 70/220/EEC, as amended by this Directive.   Article 3  Member States may make provision for tax incentives only in respect of motor vehicles which comply with this Directive. Such incentives must comply with the provisions of the Treaty and, in addition, must meet the following conditions:  - they must apply all new vehicles which are offered for sale on the market of a Member State and which meet, in advance, the requirements of this Directive,  - they shall cease upon the dates set in Article 2 (3) for the compulsory entry into force of the emission values for new vehicles,  - they shall be of a value, for each type of vehicle, substantially lower than the actual cost of the equipment fitted to meet the values set and of its fitting on the vehicle.  The Commission shall be informed of any plans to introduce or amend the tax incentives referred to in the first subparagraph in sufficient time of allow it to submit comments.   Article 4  The Council, acting under the conditions laid down in the Treaty, shall decide before 31 December 1994, on a proposal which the Commission will submit before 31 December 1993 on a further reduction in limit values.  The reduced limit values shall not apply until 1 January 1996 for new type-approvals of vehicles of category I and not until 1 January 1997 for vehicles of categories II and III as specified in the table in item 5.3.1.4 of Annex I to Directive  70/220/EEC, as amended by this Directive; they may serve as a basis for tax incentives as from the adoption of the new Directive.  The increased limit values for control of production (as specified in the table under item 7.1.1 of Annex I) shall cease to apply from the dates of application of the reduced limit values laid down in the second paragraph.   Article 5  1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 September 1993. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  2.  Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.   Article 6  This Directive is addressed to the Member States.  Done at Luxembourg, 28 June 1993.  For the Council The President S. AUKEN    (1) OJ No C 100, 22. 4. 1992, p. 7.  (2) OJ No C 305, 23. 11. 1992, p. 120 and OJ No No C 176, 28. 6. 1993.  (3) OJ No C 313, 30. 11. 1992, p. 11.  (4) OJ No C 112, 20. 12. 1973, p. 1.  (5) OJ No C 46, 17. 2. 1983, p. 1.  (6) OJ No L 76, 6. 4. 1970, p. 1. Directive as last amended by Directive 91/441/EEC (OJ No L 242, 30. 8. 1991, p. 1).  (7) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by Directive 92/53/EEC (OJ No L 225, 10. 8. 1992, p. 1).  (8) OJ No L 159, 15. 6. 1974, p. 61.  (9) OJ No L 32, 3. 2. 1977, p. 32.  (10) OJ No L 223, 14. 8. 1978, p. 48.  (11) OJ No L 197, 20. 7. 1983, p. 1.  (12) OJ No L 36, 9. 2. 1988, p. 1.  (13) OJ No L 214, 6. 8. 1988, p. 1.  (14) OJ No L 226, 3. 8. 1989, p. 1.      ANNEX   AMENDMENTS TO THE ANNEXES TO DIRECTIVE 70/220/EEC   ANNEX I   1. Item 5.2.1 is replaced by the following:  '5.2.1. Positive ignition engined vehicles must be subject to the following tests:  - Type I: (simulating the average tailpipe emissions after a cold start) - Type II: (carbon monoxide emission at idling speed) - Type III: (emission of crankcase gases) - Type IV: (evaporation emissions) - Type V: (durability of anti-pollution devices).'  2. Item 5.2.2 is deleted.   3. Item 5.2.3 reads as follows:  '5.2.3. Compression ignition engined vehicles must be subject to the following tests:  - Type I: (simulating the average tailpipe emissions after a cold start) - Type V: (durability of anti-pollution devices).'  4. Item 5.2.4 is deleted.   5. Figure 1.5.2 is replaced by the following new figure:  'Figure 1.5.2 Different routes for type-approval and extensions Type-approval testPositive-ignition engined vehicles of categories M and NCompression ignition engined vehicles of categories M1 and N1Type IYes (mass & le; 3,5 t)Yes (mass & le; 3,5 t)Type IIYes (mass > 3,5 t) - Type IIIYes - Type IVYes (mass & le; 3,5 t) - Type VYes (mass & le; 3,5 t)Yes (mass & le; 3,5 t)Extension conditionsSection 6-Section 6 - M2 and N2 with reference mass not more than 2 840 kg' 6. Item 5.3.1.2.1 reads:  '5.3.1.2.1. A test lasting a total of ...' (remainder of paragraph unchanged).   7. Item 5.3.1.2.4 is deleted.   8. Item 5.3.1.4:  - The second sentence reads as follows:  'The results are multiplied by ...' (remainder unchanged);  - The table is replaced by the following:  Category of vehicle Reference mass 'Limit values Mass of carbon monoxideCombined mass of hydrocarbons and oxides of nitrogenMass of particulates (1)RW (kg)L1 (g/km)L2 (g/km)L3 (g/km) M (2)all2,720,970,14N1 (3)Category IRW & le; 1 2502,720,970,14Category II1 250 < RW & le; 1 7005,171,4 0,19Category III1 700 < RW6,9 1,7 0,25(1) For compression ignition engines.  (2) Except:  - vehicles designed to carry more than six occupants including the driver,  - vehicles whose maximum mass exceeds 2 500 kg.  (3) And those category M vehicles which are specified in note 2.'  9. Item 5.3.2.1 reads as follows:  '5.3.2.1. This test is carried out on vehicles powered by a positive-ignition engine to which the test specified in 5.3.1 does not apply.' 10. Item 5.3.2.2 reads as follows:  '5.3.2.2. When tested in accordance with Annex IV, the carbon monoxide content by volume of the exhaust gases emitted with the engine idling must not exceed 3,5 % at the setting specified by the manufacturer and must not exceed 4,5 % within the range of  adjustments specified in that Annex.' 11. Item 5.3.4.1 reads as follows:  '5.3.4.1. This test must be carried out on all vehicles referred to in Section 1 except those vehicles having a compression-ignition engine.' 12. Item 5.3.5.1, the first sentence reads as follows:  '5.3.5.1. This test must be carried out on all vehicles referred to in Section 1 to which the test specified in 5.3.1 applies' (remainder unchanged).  13. Item 6.1.1 reads as follows:  '6.1.1. Vehicle types of different reference masses.  6.1.1.1. Approval granted to a vehicle type may be extended only to vehicle types of a reference mass requiring the use of the next higher equivalent inertia or any lower equivalent inertia.' '6.1.1.2. In the case of vehicles of category N1 and vehicles of category M referred to in note 2 of Section 5.3.1.4, if the reference mass of the vehicle type for which extension of the approval is requested requires the use of a flywheel of equivalent  inertia lower than that used for the vehicle type already approved, extension of the approval is granted if the masses of the pollutants obtained from the vehicle already approved are within the limits prescribed for the vehicle for which extension of  the approval is requested'.  14. Item 7.1.1, the table is replaced by the following:  Category of vehicleReference mass'Limit valuesMass of carbon monoxideCombined mass of hydrocarbons and oxydes of nitrogen Mass of particulates (1)RW (kg)L1 (g/km)L2 (g/km)L3 (g/km)M (2)all3,161,130,18N1 (3)RW & le; 1 2503,161,130,181 250 < RW& le; 1 7006,0 1,6 0,221 700 < RW8,0 2,0 0,29(1) For compression ignition engines.  (2) See note 2 of Section 5.3.1.4.  (3) See note 3 of Section 5.3.1.4.'  15. Item 8:  - Section 8.1 is deleted;  - In Section 8.2 the second indent reads as follows:  - 'the provisions laid down for category M1 (2) vehicles fitted with positive-ignition engines of a capacity of more than 2 litres, in Annex I to Directive 70/220/EEC as amended by Directive 88/76/EEC';  - Section 8.3 reads as follows:  'For vehicles of category M1 (2) up to 1 July 1994 for type-approval and up to 31 December 1994 for the initial entry into service, and for vehicles of category N1 (3) up to 1 October 1994 for type-approval and up to 1 October 1995 for the initial entry into service,  the limit values for the combined mass of hydrocarbons and nitrogen oxides and for the mass of particulates of vehicles fitted with compression ignition engines of the direct-injection type are those obtained by multiplying the values L2 and L3 in the  tables in 5.3.1.4 (type-approval) and 7.1.1.1 (conformity check) by a factor of 1,4.  (2) See note (2) of Section 5.3.1.4.  (3) See note (3) of Section 5.3.1.4.'  ANNEX III  16. Point 2.3.1:  - The second paragraph is replaced by the following three paragraphs:  'For vehicles of category M (2) with a maximum engine power of no more than 30 kw and a maximum speed not exceeding 130 km/h, the maximum speed of the extra-urban cycle (Part Two) is limited to 90 km/h until 1 July 1994.  For vehicles of category N1 (3) with a power-to-weight ratio of no more than 30 kw/t (4) and a maximum speed not exceeding 130 km/h, the maximum speed of the extra-urban cycle (Part Two) is limited to 90 km/h until 1 January 1996 for vehicles of  category I and until 1 January 1997 for vehicles of categories II and III.  After these dates, vehicles which do not attain the acceleration and maximum speed values required in the operating cycle must be operated with the accelerator control fully depressed until they once again reach the required operating curve. Deviations  from the operating cycle must be recorded in the test report.  (2) See note 2 of Section 5.3.1.4 of Annex I.  (3) See note 3 of Section 5.3.1.4 of Annex I.  (4) Technically permissible laden mass as stated by the manufacturer.' 17. Item 7.1 reads as follows:  '7.1. Sampling Sampling begins at the start of the first elementary urban cycle as defined in 6.2.2 and ends on conclusion of the final idling period in the extra-urban cycle (Part Two).'  ANNEX IV  18. Item 2.2 reads as follows:  '2.2. During the test, the environmental temperature must be between 293 and 303 K (20 and 30 gC).  The engine shall be warmed up until all temperatures of cooling and lubrication means and the pressure of lubrication means have reached equilibrium.' 19. Item 2.5.2.1 reads as follows:  '2.5.2.1. A measurement at the setting in accordance with the conditions fixed by the manufacturer is performed first.'  ANNEX V  20. Item 2.1 reads as follows:  '2.1. The type III test is carried out on the vehicle with a positive-ignition engine which has been subjected to the type I or type III test as applicable.'  ANNEX IX  21. PART II Item 1.5 is deleted.


Avis juridique important

|

31985L0591

Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption

Official Journal L 372 , 31/12/1985 P. 0050 - 0052 Finnish special edition: Chapter 13 Volume 15 P. 0015  Spanish special edition: Chapter 13 Volume 19 P. 0054  Swedish special edition: Chapter 13 Volume 15 P. 0015  Portuguese special edition Chapter 13 Volume 19 P. 0054

COUNCIL DIRECTIVE of 20 December 1985 concerning the introduction of Community  methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption  (85/591/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  (1), Having regard to the opinion of the European Parliament   (2), Having regard to the opinion of the Economic and Social Committee  (3), Whereas the  production, manufacture, marketing and use of foodstuffs intended for human consumption are of  considerable importance in the European Economic Community; Whereas the methods of sampling and  analysis used for this purpose can have direct repercussions on the establishment and functioning  of the common market; whereas they should, therefore, be harmonized; Whereas the laying down of  these methods of sampling and analysis constitutes a measure of a purely scientific and technical  nature; whereas a rapid procedure for developing, improving and supplementing such methods is  necessary; whereas, in order to facilitate the adoption of such measures, a procedure should be  introduced for close cooperation between the Member States and the Commission within the Standing  Committee for Foodstuffs, HAS ADOPTED THIS DIRECTIVE:Article 11.    Where it is  necessary to introduce Community methods of sampling or analysis for the purpose of determining the  composition, conditions of manufacture, packaging or labelling of a foodstuff, such methods shall  be adopted by the Commission or by the Council as appropriate in accordance with the procedure laid  down in Article 4.2.    Paragraph 1 shall be without prejudice to any specific provisions currently  in force or hereafter adopted in the context of special Community rules. 3.    For the purposes of  determining whether it is necessary to introduce the measures provided for in paragraph 1, the  following criteria in particular will be taken into consideration:(a)  the need to ensure that  Community law is uniformly applied;(b)the existence of barriers to intra-Community trade;(c)the  permanent or recurrent nature of the criteria referred to in (a) or (b). Article 21.    The  Directives provided for in Article 1 shall take account of the state of scientific and technical  knowledge, in particular of proven methods of sampling and analysis. 2.    Such Directives shall  specify appropriate time limits for Member States to implement them. 3.    The introduction of the  measures provided for in Article 1 (1) shall not preclude Member States from using other tested and  scientifically valid methods provided that this does not hinder the free movement of products  recognized as complying with the rules by virtue of Community methods. However, in the event of  differences in the interpretation of results, those obtained by the use of Community methods shall  be determinant. 4.    The methods of analysis introduced shall comply with the criteria set out in  the Annex. 5.    Without prejudice to Article 3, the necesaary amendments to existing Directives in  so far as appropriate in view of the advanced state of scientific and technological knowledge may,  at the request of a Member State, be adopted by means of the procedure provided for in Article 4.  Article 31.    Where a Member State has detailed evidence that a measure adopted in accordance  with Article 1 is inappropriate in a particular case for technical reasons or because it is  insufficiently conclusive for the examination of an important health question, that Member State  may      temporarily suspend the measure in question in its territory but only for that particular  case. It shall immediately inform the other Member States and the Commission thereof and give  reasons for its decision. 2.    The Commission shall examine as soon as possible the evidence given  by the Member State and then consult the Member States within the Standing Committee for Foodstuffs  referred to in Article 4, after which it shall deliver its opinion forthwith and take the  appropriate measures. 3.    If the Commission considers that amendments to the measure adopted in  accordance with Article 1 are necessary in order to resolve the difficulties mentioned in paragraph  1, it shall initiate the procedure laid down in Article 4. The member State which has suspended the  Community measure may, in that event, continue to do so until the amendments enter into force.  Article 41.    Where the procedure defined in this Article is invoked, the matter shall be  referred to the Standing Committee for Foodstuffs set up by Decision 69/414/EEC  (1) (hereinafter  called 'the Committee') by its chairman, either on his own initiative or at the request of a  representative of a Member State. 2.    The representative of the Commission shall submit to the  Committee a draft of the measures to be taken. The Committee shall deliver its own opinion on that  draft within a time limit set by the chairman having regard to the urgency of the matter. Opinions  shall be delivered by a majority of 45 votes, the votes of the Member States being weighted as  provided for in Article 148 (2) of the Treaty. The chairman shall not vote. 3.  (a)  Where the  measures envisaged are in accordance with the opinion of the Committee, the Commission shall adopt  them;(b)Where the measures envisaged are not in accordance with the opinion of the Committee, or if  no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the  measures to be taken. The Council shall act by a qualified majority;(c)If the Council has not acted  within three months after submission of the proposal, the proposed measures shall be adopted by the  Commission. Article 5Member States shall, within a period of two years following notification  thereof  (2), bring into force by law, regulation or administrative action any provisions necessary  to comply with this Directive. They shall forthwith inform the Commission thereof. Article 6This  Directive is addressed to the Member States. Done at Brussels, 20 December 1985.  For the Council The President R. STEICHEN    (1)  OJ No C 53, 24. 2. 1984, p.  9. (2)  OJ No C 46, 18. 2. 1985, p. 95. (3)  OJ No C 44, 15. 2. 1985, p. 1. (1)  OJ No L 291, 19. 11. 1969, p. 9. (2)  This Directive was notified to the Member States on 23 December 1985.