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31976L0696

Commission Directive 76/696/EEC of 27 July 1976 adapting to technical progress Council Directive 73/360/EEC of 19 November 1973 on the approximation of the laws of the Member States relating to non-automatic weighing machines

Official Journal L 236 , 27/08/1976 P. 0026 - 0030 Greek special edition: Chapter 13 Volume 3 P. 0224  Spanish special edition: Chapter 13 Volume 5 P. 0035  Portuguese special edition Chapter 13 Volume 5 P. 0035

COMMISSION DIRECTIVE  of 27 July 1976  adapting to technical progress Council Directive 73/360/EEC of 19 November 1973 on the approximation of the laws of the Member States relating to non-automatic weighing machines  (76/696/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions both for measuring instruments and methods of metrological control (1), as amended by the Act of Accession (2), and in particular Articles 17, 18 and 19 thereof,  Having regard to Council Directive 73/360/EEC of 19 November 1973 on the approximation of the laws of the Member States relating to non-automatic weighing machines (3),  Whereas, since the preparation and adoption of Council Directive 73/360/EEC, new and more advanced weighing systems have been developed ; whereas new designs have appeared or are planned ; whereas the said Directive should therefore be amended to take account of technical progress;  Whereas under Article 4 (1) of Directive 73/360/EEC Ireland and the United Kingdom have five years in order to comply with it ; whereas this period should therefore be taken into account in this Directive;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee to Adjust to Technical Progress those Directives which Concern the Elimination of Technical Barriers to Trade in Measuring Instruments,  HAS ADOPTED THIS DIRECTIVE:    Article 1 In the Annex to Council Directive 73/360/EEC of 19 November 1973, the texts of items 2.2.2.2, 2.2.2.4, 3.2.1.2, 3.2.2.2, 3.2.2.2.2.2, 3.2.7, 4.3.4, 6.2.1.2, 8.2.2, 10.7.1, 10.7.3, 10.7.4, 10.7.5, 10.7.6, 10.13.2.1.3, 10.13.2.2.3, 11.5.2.2.1 and 11.5.2.2.3 are hereby amended in accordance with the Annex hereto. Items 2.2.2.8 and 2.2.2.9 are hereby added. Item 9.1 is hereby deleted.   Article 2 1. Member States shall adopt the laws, regulations and administrative provisions needed in order to comply with this Directive in such a manner that these provisions shall take effect one year after the date of notification of this Directive.  2. However, in the event of Ireland and the United Kingdom implementing the provisions of the Council Directive of 19 November 1973 at any time later than the date fixed in the preceding paragraph, the provisions of this Directive shall take effect simultaneously therewith.  3. Member States shall communicate the texts of the provisions of national law which they adopt in the field covered by this Directive to the Commission.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 27 July 1976.  For the Commission  Finn GUNDELACH  Member of the Commission  (1)OJ No L 202, 6.9.1971, p. 1. (2)OJ No L 73, 27.3.1972, p. 14. (3)OJ No L 335, 5.12.1973, p. 1.     ANNEX   2.2.2.2. Zero setting device  Device for setting the indication of the machine to zero when the load receptor is empty.    2.2.2.2.1. Non-automatic device  Device for setting the machine to zero by an operator.     2.2.2.2.2. Semi-automatic device  Device for setting the machine to zero automatically following a manual command.    2.2.2.2.3. Automatic device  Device for setting the machine to zero automatically without intervention by an operator.     2.2.2.2.4. Automatic zero correction device  Device for correcting automatically the deviations from zero on each weighing result.  2.2.2.4. Tare device  Device for resetting the indication of an instrument to zero when a load is placed on the load receptor:    - either balancing the tare without intruding on the weighing range of the machine (tare adding device),       - or subtracting the tare from the weighing result, thus reducing the weighing range of the machine (tare subtracting device).      2.2.2.4.1. Non-automatic device  Device for balancing the tare by an operator.  2.2.2.4.2. Semi-automatic device  Device for balancing the tare automatically following a single manual command.  2.2.2.4.3. Automatic device   Device for balancing the tare automatically without intervention by an operator.   2.2.2.8. Indication stabilizing device  Device for obtaining a stable indication against disturbances within a given range.   2.2.2.9. Oscillation integrating device  Device for obtaining a stable indication corresponding to the mean of the oscillations.  3.2.1.2.Graduated machines (1) and   3.2.2.2. Graduated machines (1)    footnote:  (1)For machines fitted with a device for interpolation of reading, or with an indicating device on which the last figure is clearly differentiated from the other figures, see items 3.2.6 and 3.2.7.    >PIC FILE= "T0009312">    4.3.4. Variation on returning to zero  Variation on returning to zero immediately after removal of a load which has remained on the machine for half an hour may not exceed half the verification scale interval.  The test must be carried out under practically stable conditions.   6.2.1.2. Discontinuous (digital) indication or printing  An extra load, equivalent to 1.4 of a discontinuous (digital) scale interval, placed gently on the machine at equilibrium, with any test load, must increase the initial indication. (In particular with any test load which is just greater than the load causing a change of indication).   8.2.2. Special temperature limits  Machines for which special ranges of working temperature are specified in the descriptive markings must satisfy within these ranges the provisions in sections 4, 5 and 6.  These ranges must be equal to at least:  1º C for machines of special accuracy with a verification scale interval of less than 0.1 mg,  5º C for other machines of special accuracy, (x)  15º C for machines of high accuracy,  30º C for machines of medium or ordinary accuracy.   9.1. General  Item to be deleted from the Annex to Council Directive 73/360/EEC of 19 November 1973.  10.7.1. Zero-setting device  The machines may be provided with one or more zero setting devices and or an automatic zero correction device.   10.7.3. Accuracy in zero-setting and automatic zero correction  Zero-setting and automatic zero correction shall be carried out to within one-quarter of the smallest verification scale interval of the machine.   10.7.4. Control of the zero-setting device  Control of the zero-setting device must be separate from that of the tare device if the machine is provided with both these devices.   10.7.5. Zero indicating device on machines with discontinuous (digital) indication or printing  Machines with discontinuous (digital) indication or printing, which are not fitted with a continuous (analogue) indication or on which the continuous (analogue) scale interval is greater than the discontinuous (digital) scale interval of the machine, shall be provided with an additional zero checking device.  This device shall indicate clearly any deviation from zero exceeding one quarter of the discontinuous (digital) scale interval of the machine.  If this device is continuous (analogue), its scale interval shall not exceed the discontinuous (digital) scale interval of the machine.  This device shall not be obligatory for machines fitted with an automatic zero-setting device or an automatic zero-correction device.   10.7.6. Automatic zero-setting device and automatic zero-correction device  Operation of an automatic zero setting device or an automatic zero-correction device shall be impossible when:    - the tare adding device or the device for extending the range of self-indication or printing is not at zero,       - the machine is not in stable equilibrium.           10.13.2.1.3. Scale intervals of unit prices  The scale intervals of unit prices must permit the choice of any of the unit prices required by the use of the machine.   10.13.2.2.3. Scale intervals of price-to-pay  The national regulations shall apply.   11.5.2.2.1. Zero-setting devices  The operation of non-automatic and semi-automatic zero-setting devices shall be carried out by means of a tool and shall be clearly visible from both sides of the machine.  It must be impossible for the tool to be left in the operating position.   11.5.2.2.3. Tare devices  Tare devices on weighing machines with two platforms are prohibited.  Tare devices are allowed on machines with a single platform on the condition that they allow the public to see:    - whether they are in use (see item 12.6.3), and       - whether their setting is altered.      11.5.2.2.3.1. Non automatic tare devices  The progressive effect of these devices shall not exceed:        - one scale interval of the machine when one point of the circumference of the rotating control moves 5 mm,               - one scale interval of the machine when the linear control moves 5 mm,               - one scale interval of the machine if a tare device with a discontinuous control is fitted to a machine with discontinuous indication,               - one scale interval of the machine if a tare device with a discontinuous control is fitted to a machine with continuous indication, having a scale interval not exceeding 2 g,               - one half scale interval of the machine if the tare device with discontinuous control is fitted to a machine with continuous indication, having a scale interval equal to or greater than 5 g.         In the case of price-indicating machines using electric energy, and fitted with a tare device with a continuous control the indication of the price to pay shall be blanked out if the taring operation is not completed.     11.5.2.2.3.2. Semi-automatic tare devices  These devices are authorized on the condition that:        - they can only be operated when the machine is in stable equilibrium,               - the action of the tare devices does not permit a reduction of the value of the tare,               - their effect can only be cancelled when there is no load on the load receptor.  In addition, the machines shall comply with one of the following two requirements:         1. the indication of the value of the tare appears on both sides of the machine for the duration of the weighing;               2. the removal of the load from the load receptor, after operation of the tare device, has one of the following effects:          - the indication returns to zero and the effect of the tare device is cancelled,                   - the value of the tare with a "minus" sign is indicated,                   - all indications are blanked until the effect of the tare device is cancelled.                                     11.5.2.2.3.3. Automatic tare device  These devices are prohibited.


Avis juridique important

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31975L0409

Council Directive 75/409/EEC of 24 June 1975 amending for the fifth time Directive No 67/548/EEC concerning the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

Official Journal L 183 , 14/07/1975 P. 0022 - 0024 Finnish special edition: Chapter 13 Volume 4 P. 0131  Greek special edition: Chapter 13 Volume 3 P. 0100  Swedish special edition: Chapter 13 Volume 4 P. 0131  Spanish special edition: Chapter 13 Volume 4 P. 0127  Portuguese special edition Chapter 13 Volume 4 P. 0127

COUNCIL DIRECTIVE  of 24 June 1975  amending for the fifth time Directive No 67/548/EEC concerning the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances  (75/409/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas it is necessary to amend Council Directive No 67/548/EEC (3) of 27 June 1967 concerning the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, as last amended by Directive No 73/146/EEC (4) ; whereas some of the provisions on the labelling and packaging of dangerous substances should be clarified and amplified ; whereas these provisions should in any case be harmonized with those of Council Directive No 73/173/EEC (5) of 4 June 1973 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (solvents);  Whereas the dimensions of the label should be established in proportion to the capacity of the package;  Whereas it is also necessary to adopt rules defining the relationship between markings for transport and markings for marketing and handling, in order to avoid double marking with different symbols;  Whereas dangerous substances, although complying with the requirements of Directive No 67/548/EEC, could prove a hazard to health or safety ; whereas provision should therefore be made for a procedure to offset this hazard;  Whereas it is necessary to make certain amendments to the wording of the German, English and Italian versions of the Directive,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive No 67/548/EEC shall be amended in accordance with the following Articles.   Article 2 1. Article 6 (2), first clause, shall be replaced by the following text:  "Every package must clearly and indelibly show the following:"  2. The following sentence shall be added to Article 6 (2) (d):  "For packages of harmful, irritant, highly flammable, flammable and oxidizing substances, indication need not be given of special risks where the package contains no more than 125 ml."   Article 3 Article 7 shall be replaced by the following text:  "1. Where the particulars laid down by Article 6 appear on a label, that label must be placed on one or more surfaces of the package so that it  (1)OJ No C 2, 9.1.1974, p. 59. (2)OJ No C 109, 19.9.1974, p. 19. (3)OJ No 196, 16.8.1967, p. 1. (4)OJ No L 167, 25.6.1973, p. 1. (5)OJ No L 189, 11.7.1973, p. 7.   can be read horizontally when the package is set down normally. The dimensions of the label must be as follows: >PIC FILE= "T0007639">   Each symbol must cover at least one-tenth of the surface of the label and be at least 1 cm2. The entire area of the label must adhere to the package immediately containing the substance.  2. A label is not required where the particulars are clearly shown on the immediate package, as specified in paragraph 1.  3. The colour and presentation of the label - or in the case of paragraph 2, of the package - must be such that the danger symbol stands out clearly from the background.  4. Member States may make the placing on the market of dangerous substances in their territories subject to the use of the national language or languages in respect of the labelling thereof.  5. For the purposes of this Directive, labelling requirements shall be deemed to be satisfied:    (a) in the case of an outer package containing one or more inner packages, where the outer package is labelled in accordance with international rules on the transport of dangerous substances and the inner package or packages are labelled in accordance with this Directive;       (b) in the case of a single package, where such a package is labelled in accordance with international rules on the transport of dangerous substances and with Article 6 (2) (a), (b) and (d).         In the case of dangerous substances, which do not leave the sovereign territory of a Member State, labelling may be permitted which complies with national rules instead of with international rules on the transport of dangerous substances."   Article 4 Article 8 (a) shall be replaced by the following text:  "(a) permit the labelling required by Article 6 to be applied in some other appropriate manner on packages which are either too small or otherwise unsuitable to allow labelling in accordance with Article 7 (1) or (2);"   Article 5 The following Articles shall be added after Article 8c:  "Article 8d  Member States shall not prohibit, restrict or impede on the grounds of classification, packaging or labelling as defined in this Directive, the placing on the market of dangerous substances which satisfy the requirements of this Directive and the Annexes thereto.  Article 8e  1. Where a Member State has detailed grounds for establishing that a dangerous substance, although satisfying the requirements of this Directive, constitutes a hazard to health or safety, it may provisionally prohibit the sale of that substance or subject it to special conditions ruling in its territory. It shall immediately inform the Commission and the other Member States thereof and give reasons for its decision.  2. The Commission shall, within six weeks, consult with the Member States concerned, express its Opinion without delay and take the appropriate steps.   3. Where the Commission is of the opinion that technical adaptations to this Directive are necessary, such adaptations shall be adopted by either the Commission or the Council under the procedure laid down in Article 8c. In this event, the Member State having adopted safeguard measures may maintain them until such adaptations enter into force."     Article 6 The German text shall be amended as follows:    1. "brennbaren" shall be replaced by "entzündlichen" in Article 2 (2) (b);       2. "brennbar" shall be replaced by "entzündlich" in Article 2 (2) (d) and Annex III under R 21;       3. "Gift" shall be replaced by "giftig" and "Reizstoff" by "reizend" in Article 6 (2) (c) and in Annex II.          Article 7 The English text shall be amended as follows:    1. the term "highly" shall replace:      - "easily" in Article 2 (2) (c),           - "very" in Article 6 (2) (c),           - "easily" in Annex II,           - "very" in Annex III, R 22 and R 25;                  2. in Annex III, R 23 and R 26, "extremely" shall replace "highly".          Article 8 The Italian text shall be amended as follows : the word "molto" in Annex III, R 22 and R 25, shall be replaced by the word "facilmente".   Article 9 1. The Member States shall introduce the provisions necessary to comply with this Directive by 1 June 1976 at the latest and shall inform the Commission immediately thereof.  2. The Member States shall ensure that the text of internal legal provisions to be adopted in the field covered by this Directive are sent to the Commission.   Article 10 This Directive is addressed to the Member States.     Done at Luxembourg, 24 June 1975.  For the Council  The President  G. FITZGERALD


title: Council Directive 85/571/EEC of 19 December 1985 amending Directive 64/432/EEC as regards the arrangements in relation to enzootic bovine leukosis as laid down by Directive 80/1102/EEC

text:
 No L 372 / 12                                 Official Journal of the European Communities                                    31 . 12.85
                                                                         II
                                                  (Acts whose publication is not obligatory)
                                                             COUNCIL
                                                         COUNCIL DIRECTIVE
                                                            of 19 December 1985
               amending Directive 64/43 2/EEC as regards the arrangements in relation to enzootic bovine
                                             leukosis as laid down by Directive 80/ 1102 /EEC
                                                                ( 85 / 571 /EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                     Whereas Article 3 of Directive 80 / 1102/EEC requires
                                                                             that proposals be made concerning the definitive
                                                                             arrangements relating to enzootic bovine leukosis ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 43 and
100 thereof,                                                                 Whereas the said arrangements have functioned satis
                                                                             factorily during the abovementioned transitional period ;
                                                                             whereas it nevertheless appears necessary to carry out
Having regard to the proposal from the Commission ('),                       further research on the possibility of inclusion of new
                                                                             screening tests in Community legislation ; whereas the
                                                                             arrangements applied during the transitional period
Having regard to the opinion of the European Parlia                         should therefore be extended for a further period of two
ment (2),
                                                                             years ,
Having regard to the opinion of the Economic and
Social Committee (3),
                                                                             HAS ADOPTED THIS DIRECTIVE :
Whereas      Council      Directive      80 / 1102 / EEC    of     11
November 1980 amending Directive 64/432 /EEC with                                                      Article 1
regard to enzootic bovine leukosis (4), as last amended
by Directive 84/644/EEC (5), lays down common health                         Article 3 of Directive 80/ 1102 /EEC shall be replaced by
guarantees regarding enzootic bovine leukosis as                             the following :
applicable to bovine animals intended for intra
Community trade ;
                                                                                Article 3
Whereas Article 1 of Directive 80 / 1102 / EEC included
protective measures against enzootic bovine leukosis in                          Article 1 shall apply until 31 December 1987 .
Directive 64/432 /EEC for a transitional period ending
on 31 December 1985 ;
                                                                                The Council, acting under the conditions laid down
                                                                                in the Treaty, on a proposal from the Commission to
                                                                                be submitted by 30 June 1987, shall take a decision
o OJ No C 297, 20 . 11 . 1985, p. 6.                                             concerning :
(2) OJ No C 352, 31 . 12 . 1985 .
                                                                                — the continuation of Community measures for the
(3) Opinion delivered on 18 December 1985 (not yet published                         eradication of bovine leukosis,
    in the Official Journal).
(4) OJ No L 325 , 1 . 12. 1980, p. 18 .                                          — new screening and routine checking tests for
C) OJ No L 339, 27 . 12 . 1984 , p. 30 .                                             enzootic bovine leukosis,
 ---pagebreak--- 31 . 12.85                               Official Journal of the European Communities                           No L 372 / 13
     — further rules designed to govern trade and in                Done at Brussels, 19 December 1985 .
        particular the criteria for all or part of a Member
        State's territory to be declared free of enzootic
        bovine leukosis and to maintain that status.'                                                   For the Council
                           Article 2                                                                     The President
This Directive is addressed to the Member States .                                                     M. FISCHBACH


title: Council Directive 70/360/EEC of 13 July 1970 extending the period set in Article 7 (1) (C) of the Council Directive of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine

text:
  438                                Official Journal of the European Communities
  No L 157/40                        Official Journal of the European Communities                                18.7.70
                                                COUNCIL DIRECTIVE
                                                     of 13 July 1970
              extending the period set in Article 7 ( 1 ) (C) of the Council Directive of 26 June 1964
              on animal health problems affecting intra-Community trade in bovine animals and
                                                           swine
                                                       (70/360/ EEC)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS DIRECTIVE :
                                                                                Article 1
 Having regard to the Treaty establishing the
 European Economic Community ;                                   The following shall be substituted for the second
                                                                 subparagraph of Article 7 ( 1 ) ( C) of the Council
  Having regard to the proposal from the Com                    Directive of 26 June 1964, as amended by the
 mission ;                                                       Directive of 25 October 1966 :
 Having regard to the Opinion of the European                        'This provision shall apply until 31 December
 Parliament;                                                         1971 unless its validity is extended by decision of
                                                                     the Council on a proposal from the Commission .'
 Having regard to the Opinion of the Economic and
 Social Committee ;                                                                      Article 2
 Whereas Article 7 ( 1 ) of the Council Directive of 26          The Member States shall bring into force the laws,
 June 19641 on animal health problems affecting                  regulations or administrative provisions necessary to
 intra-Community trade in bovine animals and swine,              comply with this Directive within fifteen days
 as amended by the Council Directive of 25 October               following its notification and shall forthwith inform
 1966,2 makes provision for countries of destination to          the Commission thereof.
grant general , or restricted authorisations for the
introduction of certain animals into their territory ;
                                                                                Article 3
"Whereas, in respect of bovine animals for production            This Directive is addressed to the Member States .
under thirty months old it follows from ( C) of the
above provision that such authorisations may only be
granted within a period of five years following the              Done at Brussels, 13 July 1970.
entry into force of the Directive of 26 June 1964 ;                                                 For the Council
                                                                                The President
Whereas that period should be extended until 31
December 1971 ;                                                                                J. ERTL
1 OJ No 121 , 29.7.1964, p. 1977/64.
2 OJ No 192, 27.10.1966, p. 3294/66.


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31973L0150

Council Directive 73/150/EEC of 5 June 1973 amending the Council Directive of 26 June 1964 on intra-Community trade in bovine animals and swine

Official Journal L 172 , 28/06/1973 P. 0018 - 0018 Finnish special edition: Chapter 3 Volume 5 P. 0157  Greek special edition: Chapter 03 Volume 9 P. 0206  Swedish special edition: Chapter 3 Volume 5 P. 0157  Spanish special edition: Chapter 03 Volume 7 P. 0052  Portuguese special edition Chapter 03 Volume 7 P. 0052

COUNCIL DIRECTIVE  of 5 June 1973  amending the Council Directive of 26 June 1964 on intra-Community trade in bovine animals and swine  (73/150/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament;  Whereas the Council Directive (1) of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine, as last amended by the Council Directive (2) of 28 December 1972 and by the Act of Accession (3) includes, in paragraph 9 of Annex C, the list of official institutes made responsible for the testing of antigens ; whereas this list should be amended in the case of the Irish institute;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Paragraph 9 (h) of Annex C to the abovementioned Directive of 26 June 1964 shall be replaced by the following:  "(h) Ireland : The Veterinary Research Laboratory, Department of Agriculture and Fisheries, Thorndale, Beaumont Road, Dublin 9".   Article 2 This Directive is addressed to Member States.     Done at Luxembourg, 5 June 1973.  For the Council  The President  A. LAVENS  (1)OJ No 121, 29.7.1964, p. 1977/64. (2)OJ No L 298, 31.12.1972, p. 49. (3)OJ No L 73, 27.3.1972, p. 14.


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31991L0499

Council Directive 91/499/EEC of 26 June 1991 amending Directive 64/432/EEC as regards the diagnosis of bovine brucellosis and enzootic bovine leukosis (

Official Journal L 268 , 24/09/1991 P. 0107 - 0109 Finnish special edition: Chapter 3 Volume 39 P. 0093  Swedish special edition: Chapter 3 Volume 39 P. 0093

COUNCIL DIRECTIVE of 26 June 1991 amending Directive 64/432/EEC as regards the diagnosis of bovine brucellosis and enzootic bovine leukosis (91/499/EECTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic 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 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (3), as last amended by Directive 90/422/EEC (4), lays down the methods for maintaining the status of officially  brucellosis free herds and enzootic bovine leukosis free herds;  Whereas, due to new scientific knowledge and technical developments in the diagnosis and control of bovine brucellosis and enzootic bovine leukosis, an adjustment of existing Community measures in this field has proved necessary,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annexes to Directive 64/432/EEC are hereby amended in accordance with the Annex to this Directive.  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1992. 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 at the time of their official publication. The methods of making such a reference shall be laid down by the Member  States.  Article 3  This Directive is addressed to the Member States.  Done at Luxembourg, 26 June 1991.  For the Council The President R. STEICHEN (1) OJ No C 48, 25. 2. 1991, p. 214.(2) OJ No C 60, 8. 3. 1991, p. 43.(3) OJ No 121, 29. 7. 1964, p. 1977/64.(4) OJ No L 224, 18. 8. 1990, p. 9.   ANNEX   Amendment to the Annexes to Directive 64/432/EEC  1.  In Annex A, II.A.1.(c), point (ii) shall be replaced by the following:  '(ii)  are checked annually to establish that brucellosis is not present by three ring tests or three milk Elisa carried out at intervals of at least three months or two ring tests or two milk Elisa carried out at an interval of at least three months  and one serological test (sero-agglutination test or buffered brucella antigen test or plasma agglutination test or plasma ring test or micro-agglutination test or individual blood Elisa) carried out at not less than six weeks after the second ring test  or second milk Elisa. If ring tests or milk Elisa are not carried out, two serological tests (sero-agglutination test or buffered brucella antigen test or plasma agglutination test or plasma ring test or micro-agglutination test or individual blood  Elisa) shall be carried out each year at intervals of at least three months and not more than six months.  Where, in a Member State or region thereof in which all bovine herds are subject to official operations to combat brucellosis, not more than 1 % of bovine herds are infected, it shall be sufficient to carry out each year two ring tests or two milk Elisa  at an interval of at least three months, or one serological test (sero-agglutination test or buffered brucella antigen test or plasma-agglutination test or plasma-ring test or micro-agglutination tests or individual blood Elisa).  Where ring tests are carried out on bulk tanks, the number of those tests referred to in the preceding subparagraphs shall be doubled and the intervals between the tests shall be halved.'.  2.  The following point shall be added to Annex C:  'H.  The Elisa for detecting bovine brucellosis as described under Annex G'.  3.  In Annex G, chapter II:  (a)  The following words shall be added to the title:  'and bovine brucellosis';  (b) Point C shall be replaced by the following:  'C.  Enzyme-linked immunosorbent assay (Elisa) for detecting enzootic bovine leukosis and bovine brucellosis.  1.  For the Elisa method, the material and reagents to be used are as follows:  (a)  solid phase microplates, cuvettes or any other solid phase;  (b) the antigen is fixed to the solid phase with or without the aid of polyclonal or monoclonal catching antibodies. If antigen is coated directly to the solid phase, all test samples giving positive reactions have to be retested against control antigen in  the case of EBL. The control antigen should be identical to the antigen except for the BLV antigens. If catching antibodies are coated to the solid phase the antibodies must not react to antigens other than BLV antigens;  (c) the biological fluid to be tested;  (d) a corresponding positive and negative control;  (e) conjugate;  (f) a substrate adapted to the enzyme used;  (g) a stopping solution, if necessary;  (h) solutions for the dilution of the test samples for preparations of the reagents and for washing;  (i) a reading system appropriate to the substrate used.  2.  Standardization and sensitivity of test:  (a) For enzootic bovine leukosis: the sensitivity of the Elisa assay must be of such a level that E4 serum is scored positive when diluted 10 times (serum samples) or 250 times (milk samples) more than the dilution obtained of individual samples when these  are included in pools. In assays where samples (serum and milk) are tested individually E4 serum diluted 1 to 10 (in negative serum) or 1 to 250 (in negative milk) must be scored positive when tested in the same assay dilution as used for the individual test samples. The official institutes indicated in point A.2 will be responsible for checking the quality of the  Elisa method, and in particular to determine, for each production batch, the number of samples to be pooled on the basis of the count obtained for the E4 serum.  The E4 serum will be supplied by the National Veterinary Laboratory, Copenhagen.  (b) For brucellosis:  1.  bulk milk samples are classified negative if they give a reaction less than 50 % of that given by a 1 in 10 000 dilution of the second international brucellosis standard serum made up in negative milk;  2.  individual serum samples are classified negative if they give a reaction less than 10 % of that given by a 1 in 200 dilution of the second international brucellosis standard serum made up in saline solution or in any other recognized dilution, in  accordance with the procedure laid down in Article 12 after receiving the opinion of the Scientific Veterinary Committee.  The brucellosis Elisa standards shall be as specified in Annex C, A.1 and A.2 (to be used at the dilutions indicated on the label).  3.  Conditions for use of the Elisa test for EBL and bovine brucellosis The Elisa method may be used on a sample of milk or whey taken from the milk collected from a farm with at least 30 % of dairy cows in milk.  If use is made of one of these abovementioned possibilities, measures must be taken to ensure that the samples taken can be identified with the animals from which the milk or sera examined were taken.  If one of the samples scores positive, the provisions laid down in Annex A, chapter II.A.1.(c) (i) with regard to bovine brucellosis and in chapter I.A.(1) of this Annex with regard to EBL shall apply.'.


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31973L0146

Council Directive 73/146/EEC of 21 May 1973 amending the Directive of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

Official Journal L 167 , 25/06/1973 P. 0001 - 0128 Finnish special edition: Chapter 13 Volume 3 P. 0003  Greek special edition: Chapter 13 Volume 2 P. 0084  Swedish special edition: Chapter 13 Volume 3 P. 0003  Spanish special edition: Chapter 13 Volume 2 P. 0208  Portuguese special edition Chapter 13 Volume 2 P. 0208

COUNCIL DIRECTIVE  of 21 May 1973  amending the Directive of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances  (73/146/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament;  Having regard to the Opinion of the Economic and Social Committee;  Whereas Article 2 of the Council Directive of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), as last amended by the Directive of 22 March 1971 (2), classifies flammable liquids by their flash point ; whereas in the current absence of specification of the methods used for determining the flash point, it appears advisable to adopt the same methods of analysis as those already laid down in the international agreements on the transport of dangerous goods;  Whereas technical progress necessitates a rapid adaptation of the technical requirements laid down by the Directives on dangerous substances and preparations ; whereas, to facilitate the introduction of the necessary measures, a system should be set up providing for close collaboration between the Member States and the Commission by means of a Committee for the adaptation, in the light of technical progress, of the Directives on the removal of technical barriers to trade in dangerous substances and preparations;  Whereas Annex I of the Council Directive of 27 June 1967 contains a list of dangerous substances classified by the atomic number of the element most characteristic of their properties, and the methods for labelling each substance in the form of a reference to Annexes II, III and IV;  Whereas examination of the list of dangerous substances has revealed that adaptation is necessary in the light of the latest scientific and technical knowledge ; whereas it has been pointed out furthermore that the chemical formula or designation of several of the dangerous substances is not set down accurately ; whereas this list should therefore be rectified;  Whereas it would appear necessary to annex a descriptive list of the particular risks involved;  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Council Directive of 27 June 1967 shall be amended according to the Articles below.  (1)OJ No 196, 16.8.1967, p. 1. (2)OJ No L 74, 29.3.1971, p. 15.    Article 2 In the Italian text, the words "punto di scintilla" shall be replaced by the words "punto di infiammabilitá".   Article 3 Article 2 shall be supplemented by the following subparagraph:  "3. The flash point of the flammable liquid substances and preparations mentioned in subparagraph 2 (c) and (d) shall be determined according to the methods and with the apparatus laid down in Annex V."   Article 4 Article 6 shall be supplemented by the following subparagraph:  "4. However, for a period of three years from the notification of this Directive and by way of derogation from the provisions of this Article, Denmark, Ireland and the United Kingdom may allow the marketing on their territory of dangerous substances of which the packaging and labelling are in accordance with the conditions in force on their territory at the date of accession."   Article 5 The Articles below shall be added to Article 8:  Article 8a  The amendments necessary to adapt the Annexes to technical progress shall be adapted in accordance with the procedure laid down in Article 8 (c).  Article 8b 1. A Committee shall be established for the adaptation to technical progress of Directives for removing technical barriers to trade in the sector of dangerous substances and preparations, hereinafter called "Committee", which shall consist of representatives of the Member States under the Chairmanship of a representative of the Commission.  2. The Committee shall establish its internal regulations.  Article 8c 1. In the event that reference is made to the procedure laid down in this Article, the matter shall be referred to the Committee by the Chairman, either on his initiative, or at the request of the representative of a Member State.  2. The representative from the Commission shall submit a draft of the measures to be taken to the Committee. The Committee shall express its Opinion on this draft within a period specified by the Chairman in the light of the urgency of the matter in question. A majority of 41 votes shall suffice for a Decision, the votes of the Member States being weighted as laid down in Article 148 subparagraph 2 of the Treaty. The Chairman shall not vote.  3. (a) The Commission shall adopt the measures envisaged when they are in accordance with the Opinion of the Committee.  (b) When the measures envisaged have not been agreed on by the Committee, or in the absence of an Opinion, the Commission shall submit to the Council without delay a proposal on the measures to be taken. The Council shall give judgement by the qualified majority.  (c) If, after the matter has been before the Council for a period of three months, there has been no Decision by the Council, the proposed measures shall be adopted by the Commission."   Article 6 Annexes I to IV shall be replaced by the new Annexes I to IV as annexed to this Directive.   Article 7 An Annex V shall be inserted, as annexed to this Directive.  The norms and methods to which this Annex shall refer shall be those in force on the date of notification of this Directive to the Member States.   Article 8 1. The Member States shall introduce the provisions necessary to comply with this Directive within six months from its communication and shall inform the Commission immediately of this.  2. The Member States shall ensure that the internal legal provisions to be adopted in the field covered by this Directive are sent to the Commission.   Article 9 This Directive is addressed to the Member States.     Done at Brussels, 21 May 1973.  For the Council  The President  E. GLINNE     BILAG I Liste over farlige stoffer klassificeret efter atomtallet for den bestanddel, der er mest karakteristisk for stoffernes egenskaber ANLAGE I Liste der gefährlichen Stoffe, geordnet nach der Ordnungszahl des Elements, das für ihre Eigenschaften charakteristisch ist ANNEX I List of dangerous substances classified in the order of the atomic number of the element most characteristic of their properties ANNEXE I Liste des substances dangereuses classées en fonction du numéro atomique de l'élément le plus caractéristique de leurs propriétés ALLEGATO I Elenco delle sostanze pericolose classificate in base al numero atomico dell'elemento più caratteristico delle loro proprietà BIJLAGE I Lijst van gevaarlijke stoffen gerangschikt volgens het atoomnummer van het element dat het meest karakteristiek is voor de eigenschappen van de stof  >PIC FILE= "T0008436">    >PIC FILE= "T0008437">    >PIC FILE= "T0008438">    >PIC FILE= "T0008439">    >PIC FILE= "T0008440">    >PIC FILE= "T0008441">    >PIC FILE= "T0008442">    >PIC FILE= "T0008443">    >PIC FILE= "T0008444">    >PIC FILE= "T0008445">    >PIC FILE= "T0008446">    >PIC FILE= "T0008447">    >PIC FILE= "T0008448">    >PIC FILE= "T0008449">    >PIC FILE= "T0008450">    >PIC FILE= "T0008451">    >PIC FILE= "T0008452">    >PIC FILE= "T0008453">    >PIC FILE= "T0008454">    >PIC FILE= "T0008455">    >PIC FILE= "T0008456">    >PIC FILE= "T0008457">    >PIC FILE= "T0008458">    >PIC FILE= "T0008459">    >PIC FILE= "T0008460">    >PIC FILE= "T0008461">    >PIC FILE= "T0008462">    >PIC FILE= "T0008463">    >PIC FILE= "T0008464">    >PIC FILE= "T0008465">    >PIC FILE= "T0008466">    >PIC FILE= "T0008467">    >PIC FILE= "T0008468">    >PIC FILE= "T0008469">    >PIC FILE= "T0008470">    >PIC FILE= "T0008471">    >PIC FILE= "T0008472">    >PIC FILE= "T0008473">    >PIC FILE= "T0008474">    >PIC FILE= "T0008475">    >PIC FILE= "T0008476">    >PIC FILE= "T0008477">    >PIC FILE= "T0008478">    >PIC FILE= "T0008479">    >PIC FILE= "T0008480">    >PIC FILE= "T0008481">    >PIC FILE= "T0008482">    >PIC FILE= "T0008483">    >PIC FILE= "T0008484">    >PIC FILE= "T0008485">    >PIC FILE= "T0008486">    >PIC FILE= "T0008487">    >PIC FILE= "T0008488">    >PIC FILE= "T0008489">    >PIC FILE= "T0008490">    >PIC FILE= "T0008491">    >PIC FILE= "T0008492">    >PIC FILE= "T0008493">    >PIC FILE= "T0008494">    >PIC FILE= "T0008495">    >PIC FILE= "T0008496">    >PIC FILE= "T0008497">    >PIC FILE= "T0008498">    >PIC FILE= "T0008499">    >PIC FILE= "T0008500">    >PIC FILE= "T0008501">    >PIC FILE= "T0008502">    >PIC FILE= "T0008503">    >PIC FILE= "T0008504">    >PIC FILE= "T0008505">    >PIC FILE= "T0008506">    >PIC FILE= "T0008507">    >PIC FILE= "T0008508">    >PIC FILE= "T0008509">    >PIC FILE= "T0008510">    >PIC FILE= "T0008511">    >PIC FILE= "T0008512">    >PIC FILE= "T0008513">    >PIC FILE= "T0008514">    >PIC FILE= "T0008515">    >PIC FILE= "T0008516">    >PIC FILE= "T0008517">    >PIC FILE= "T0008518">    >PIC FILE= "T0008519">    >PIC FILE= "T0008520">    >PIC FILE= "T0008521">    >PIC FILE= "T0008522">    >PIC FILE= "T0008523">    >PIC FILE= "T0008524">    >PIC FILE= "T0008525">    >PIC FILE= "T0008526">    >PIC FILE= "T0008527">    >PIC FILE= "T0008528">    >PIC FILE= "T0008529">    >PIC FILE= "T0008530">    >PIC FILE= "T0008531">    >PIC FILE= "T0008532">    >PIC FILE= "T0008533">    >PIC FILE= "T0008534">    >PIC FILE= "T0008535">    >PIC FILE= "T0008536">     BILAG II - ANLAGE II - ANNEX II - ANNEXE II - ALLEGATO II - BIJLAGE II >PIC FILE= "T0008537"> BILAG III Arten af de særlige risici, der er forbundet med de farlige stoffer ANLAGE III Bezeichnungen der besonderen Gefahren bei gefährlichen Stoffen ANNEX III Nature of the special risks attaching to dangerous substances ANNEXE III Nature des risques particuliers attribués aux substances dangereuses ALLEGATO III Natura dei rischi specifici attribuiti alle sostanze pericolose BIJLAGE III Aard der bijzondere gevaren toegeschreven aan gevaarlijke stoffen   >PIC FILE= "T9000751">  >PIC FILE= "T9000752">  >PIC FILE= "T9000753">  >PIC FILE= "T9000754"> >PIC FILE= "T9000755">  >PIC FILE= "T9000756">  >PIC FILE= "T9000757">       BILAG IV Forsigtighedsregler med hensyn til farlige stoffer ANLAGE IV Sicherheitsratschläge für gefährliche Stoffe ANNEX IV Safety advice concerning dangerous chemical substances ANNEXE IV Conseils de prudence concernant les substances dangereuses ALLEGATO IV Consigli di prudenza riguardanti le sostanze pericolose BIJLAGE IV Veiligheidsaanbevelingen met betrekking tot de gevaarlijke stoffen  >PIC FILE= "T9000758"> >PIC FILE= "T9000759">  >PIC FILE= "T9000760">  >PIC FILE= "T9000761">  >PIC FILE= "T9000762">  >PIC FILE= "T9000763">  >PIC FILE= "T9000764">  >PIC FILE= "T9000765">  >PIC FILE= "T9000766">  >PIC FILE= "T9000767">  >PIC FILE= "T9000768">  >PIC FILE= "T9000769">  >PIC FILE= "T9000770">    ANNEX V Apparatus and methods for determining the flash point of liquid substances and preparations    1. The flash point shall be determined by using one of the following sets of apparatus:      (a) for use at temperatures not exceeding 50º C : Abel apparatus, Abel-Pensky apparatus, Luchaire-Finances apparatus, Tag apparatus;           (b) for use at temperatures above 50º C : Pensky-Martens apparatus, Luchaire-Finances apparatus;           (c) in the absence of the above, any closed-cup apparatus able to give a result which does not differ by more than 2º C from the result one of the above sets of apparatus would give.                  2. For the determination of the flash point of paints, glues or other products of similar viscosity containing solvents, only apparatus and methods may be used which are suitable for determining the flash point of viscous liquids such as:  method A of the IP (1) 170/59 standards, the German standards DIN 53 213 p. 1, July 1970 edition, and TGL 14 301 p. 2.  The method of operation for the measurement shall be:     (a) with the Abel apparatus, the standard IP (1) 33/44 ; this standard can also be used with the Abel-Pensky apparatus;       (b) with the Pensky-Martens apparatus, the standard IP (1) 34/64 or the standard D 93-66 of the ASTM (2);       (c) with the Tag apparatus, the standard D 56/70 of the ASTM (2);       (d) with the Luchaire apparatus, the standard annexed to the Decree of 26 October 1925 made by the French Minister of Trade and Industry, published in the Official Journal of 29 October 1925.         When other equipment is used, the method of operation must include the following precautions:      1. The determination must take place under draught-free conditions.           2. The liquid being tested must not be heated at a rate exceeding 5º C a minute.           3. The length of the flame used must be 5 mm (± 0 75 mm).           4. The flame must be applied to the mouth of the receptacle each time that there has been an increase of 1º C in the heat of the liquid.             In the event of a difference of opinion on the classification of a flammable liquid, the classification number proposed by the manufacturer or organization marketing the liquid shall be adopted, provided that a repeat determination of the flash point carried out on the liquid in question gives a value which does not differ by more than 2º C at the limits laid down (21º C and 55º C respectively). Should a repeat determination give a value which differs by more than 2º C at these limits, a second repeat determination must be performed, and the highest of the values recorded shall be finally adopted.  (1)The Institute of Petroleum, 61 New Cavendish Street, London W 1. (2)American Society for Testing Materials, 1916 Race Str., Philadelphia 3 (Pa).


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31987L0432

Council Directive 87/432/EEC of 3 August 1987 on the eighth adaptation to technical progress of Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

Official Journal L 239 , 21/08/1987 P. 0001 - 0020 Finnish special edition: Chapter 15 Volume 8 P. 0010  Swedish special edition: Chapter 15 Volume 8 P. 0010

COUNCIL DIRECTIVE of 3 August 1987 on the eighth adaptation to technical progress of Directive  67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the  classification, packaging and labelling of dangerous substances (87/432/EEC)THE  COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to  the classification, packaging and labelling of dangerous substances(1), as last amended by  Commission Directive 86/431/EEC(2), and in particular Articles 19 and 21 thereof, Having regard to the proposal from the Commission, Whereas it is of importance that measures be adopted for the gradual establishment of the internal  market during a period to expire on 31 December 1992; whereas the internal market consists of an  area which has no internal frontiers and in which the free movement of goods, persons, services and  capital is assured; Whereas Annex I to Directive 67/548/EEC contains a list of dangerous substances, together with  particulars of the classification and labelling procedures in respect of each substance; whereas  examination of the list has shown that it needs to be adapted in the light of present scientific  and technical knowledge; whereas, in particular, it is necessary to change the classification and  labelling of certain substances, to clarify certain names, to correct certain Cas (Chemical  Abstract Service) numbers and to enter other substances in the list; Whereas the Committee on the Adaptation to Technical Progress of the Directives concerning the  Elimination of Technical Barriers to Trade in Dangerous Substances and Preparations, set up by  Article 20 of Directive 67/548/EEC, gave an unfavourable opinion on the draft of the measures which  was submitted to it by the Commission, HAS ADOPTED THIS DIRECTIVE: Article 1 Annex I (list of dangerous substances) to Directive 67/548/EEC is hereby amended as  follows: 1.The designation, Cas-number, classification and labelling of the following substances shall be  replaced by those listed in Annex I to this Directive. N° 006-008-00-0 N° 006-019-00-0 N° 602-005-00-9 N° 602-042-00-0 N° 602-045-00-7 N° 602-046-00-2 N° 602-047-00-8 N° 602-048-00-3 N° 602-049-00-9 N° 603-023-00-X N° 605-001-00-5 N° 605-001-01-2 N° 605-001-02-X N° 606-019-00-6 N° 612-036-00-X N° 612-037-00-5 N° 612-041-00-7 N° 613-011-00-6 N° 650-007-00-3. 2.The substances listed in Annex II to this Directive shall be added. Article 2 Member States shall adopt and publish before 1 April 1988 the provisions necessary to  comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply these provisions as from 1 October 1988 at the latest. Article 3 This Directive is addressed to the Member States. Done at Brussels, 3 August 1987. For the CouncilThe PresidentK. E. TYGESEN (1)OJ N° 196, 16. 8. 1967, p. 1.  (2)OJ N° L 247, 1. 9. 1986, p. 1.


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31990L0544

Council Directive 90/544/EEC of 9 October 1990 on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community

Official Journal L 310 , 09/11/1990 P. 0028 - 0029 Finnish special edition: Chapter 13 Volume 19 P. 0253  Swedish special edition: Chapter 13 Volume 19 P. 0253

COUNCIL DIRECTIVE   of 9 October 1990   on the frequency bands designated for the  coordinated introduction of pan-European land-based public radio paging in the Community    (90/544/EEC) THE 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, by Recommendation 84/549/EEC  (4), the Council calls for the introduction of services on  the basis of a common harmonized approach in the field of telecommunications;  Whereas the resources offered by modern telecommunications networks should be utilized to the full  for the economic development of the Community;  Whereas radio paging services depend on the allocation and availability of appropriate frequencies  in order to transmit and receive between fixed-base stations and radio paging receivers  respectively;  Whereas the frequencies and land-based public radio paging systems currently in use in the  Community vary widely and do not allow all users on the move to reap the benefits of European-wide  services and European-wide-markets;  Whereas the introduction of the more advanced radio paging system codenamed European Radio  Messaging System (Ermes) being specified by the European Telecommunications Standards Institute  (ETSI) will provide a unique opportunity of establishing a truly pan-European radio paging  service;  Whereas the European Conference of Postal and Telecommunications Administrations (CEPT) has  identified the unpaired frequency band 169,4-169,8 MHz as the most suitable band for public radio  paging; whereas that choice is in accordance with the provisions of the International  Telecommunications Union (ITU) Radio Regulations;  Whereas CEPT Recommendation T/R 25-07 on the coordination of frequencies for the European Radio  Messaging System has designated the European channels for the ERMES system;  Whereas parts of the frequency band are being used or are intended for use by certain Member  States for other radio services;  Whereas the progressive availability of the requisite part of the frequency band set out above  will be indispensable for the establishment of a truly pan-European radio paging service;  Whereas some flexibility will be needed in order to take account of different frequency  requirements in different Member States; whereas it will be necessary to ensure that such  flexibility does not slow down the expansion of a pan-European system;  Whereas coordination procedures will have to be established between neighbouring countries as  required;  Whereas the implementation of Council Recommendation 90/543/EEC of 9 October 1990 on the  coordinated introduction of pan-European land-based public radio paging in the Community  (5) will  ensure the start of a pan-European system by 31 December 1992 at the latest;  Whereas on the basis of present technological and market trends, it appears realistic to envisage  the designation of the 169,4 - 169,8 MHz frequency band as the band from which frequencies are  selected in accordance with commercial requirements for the implementation and expansion of a  pan-European radio paging system;  Whereas Council Directive 86/361/EEC of 24 July 1986 on the initial stage of the mutual  recognition of type approval for telecommunications terminal equipment  (6) will allow the rapid  establishment of common conformity specifications for the pan-European land-based public radio  paging system;  Whereas the report on public mobile communication drawn up by the Analysis and Forecasting Group  (GAP) for the Senior Officials Group for Telecommunications (SOG-T) strongly recommends that  telecommunications administrations reach an agreement to use the same radio frequencies for radio  paging;  Whereas favourable opinions on this report have been delivered by the telecommunications  administrations, by CEPT and by telecommunications equipment manufacturers in the Member States;  Whereas radio paging is a particularly spectrum-efficient communications method for alerting  and/or sending messages to users on the move,  HAS ADOPTED THIS DIRECTIVE: Article 1 For the purposes of this Directive,  'pan-European land-based public radio paging service shall mean a public radio paging service based  on a terrestrial infrastructure in the Member States in accordance with a common specification  which allows persons wishing to do so to send and/or to receive alert and/or numeric or  alphanumeric messages anywhere within the coverage of the service in the Community. Article 2 1.   Member States shall, in accordance with CEPT Recommendation T/R 25-07 designate in the 169,4 to  169,8 MHz waveband four channels which shall have priority and be protected, and preferably be:  -  169,6  MHz,  -  169,65  MHz,  -  169,7  MHz,  -  169,75  MHz,  for the pan-European land-based public radio paging service by 31 December 1992 at the latest.  2.  Member States shall ensure that plans are prepared as quickly as possible to enable the  pan-European public radio paging service to occupy the whole of the band 169,4 to 169,8 MHz  according to commercial demand. Article 3 1.  Member States shall bring into force the laws,  regulations and administrative provisions necessary to comply with this Directive no later than 18  October 1991. They shall forthwith inform the Commission thereof.  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 4 The Commission shall report  to the Council on the implementation of this Directive not later than the end of 1996. Article 5  This Directive is addressed to the Member States. Done at Luxembourg, 9 October  1990. For the Council   The President   P. ROMITA


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31993L0051

Commission Directive 93/51/EEC of 24 June 1993 establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and moving within such a protected zone

Official Journal L 205 , 17/08/1993 P. 0024 - 0025 Finnish special edition: Chapter 3 Volume 51 P. 0186  Swedish special edition: Chapter 3 Volume 51 P. 0186

COMMISSION DIRECTIVE 93/51/EEC of 24 June 1993 establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and  moving within such a protected zoneTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by  Directive 93/19/EEC (2), and in particular Article 6 (7) first and second indent,  Whereas the application of the Community plant health regime to the Community as an area without internal frontiers, includes the recognition of 'protected zones' established for certain plants, plant products or other objects in respect of one or more  harmful organisms;  Whereas, under the provisions of Directive 77/93/EEC, with effect from 1 June 1993, plants, plant products or other objects listed in Annex V, part A, section II may not be introduced into a specified protected zone or move therein, unless a plant  passport valid for that zone and officially issued in accordance with the provisions of Article 10 (1) of the said Directive is attached to them, to their packaging or to the vehicles transporting them; whereas these provisions shall not apply if  certain guarantees in respect of the movement of plants, plant products or other objects through a protected zone established for the said plants, plant products or other objects in respect of one or more harmful organisms, are fulfilled; and whereas  these provisions may be satisfied by less stringent conditions than those laid down in Article 6 (4) of the said Directive in respect of such plants, plant products or other objects originating in and moving within such a protected zone;  Whereas, in the absence of generally accepted guarantees, these should be laid down, taking account of the typical conditions under which the said movements are carried out, such that adequate plant health security is ensured;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. Member States shall ensure that the conditions laid down in paragraph 2 are met, when plants, plant products or other objects listed in Annex V, part A, section II of Directive 77/93/EEC, originating outside a protected zone established  for the said plants, plant products or other objects in respect of one or more harmful organisms pursuant to Article 2 (1) (h) of Directive 77/93/EEC, are moved through such zone for final destination outside the zone, and without a plant passport valid  for that zone.  2. The following conditions shall be met:  (a) the packaging used or, where appropriate, the vehicles transporting the plants, plant products or other objects referred to in paragraph 1, shall be clean and free from the relevant organisms referred to in paragraph 1, and of such a nature as to  ensure that there is no risk of harmful organisms spreading;  (b) immediately after packaging, the packaging or, where appropriate, the vehicles transporting the said plants, plant products or other objects shall be secured according to stringent plant health standards to ensure that there is no risk of harmful  organisms spreading in the relevant protected zone and that the identity will remain unchanged and to the satisfaction of the responsible official bodies referred to in Directive 77/93/EEC, and remain secured during transportation through the relevant  protected zone;  (c) the plants, plant products or other objects referred to in paragraph 1, shall be accompanied by a document which is normally used for trade purposes, indicating that the said products originate outside the relevant protected zone and have a  destination outside the relevant protected zone.  3. If during an official check, organized pursuant to Article 11 (7) of Directive 77/93/EEC, and carried out at a place within the relevant zone, it is found that the requirements laid down under Article 1 (2) are not met, the following official  measures shall be taken immediately, as appropriate, and without prejudice to the measures to be taken if the plants, plant products or other objects do not meet the conditions laid down by Directive 77/93/EEC:  - sealing of the packaging,  - transportation, under official control, of the plants, plant products or other objects to a destination outside the relevant protected zone.  Article 2  1. Member States shall lay down that less stringent conditions shall apply to those plants, plant products or other objects listed in Annex V, part A, section II of Directive 77/93/EEC originating in and moving within a protected zone  established for the said plants, plant products or other objects in respect of one or more harmful organisms.  2. For the purpose of paragraph 1 the following less stringent condition may apply:  the official examinations referred to in Article 6 (4) of the said Directive may be satisfied by the conditions laid down in the detailed rules for surveys in Commission Directive 92/70/EEC of 30 July 1992 for the purposes of the recognition of  protected zones in the Community (3).  Article 3  1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive on the date referred to in Article 3 (1) of Council Directive 91/683/EEC (4). They shall forthwith inform the  Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  2. Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 24 June 1993.  For the Commission René STEICHEN Member of the Commission (1) OJ No L 26, 31. 1. 1977, p. 20.  (2) OJ No L 96, 22. 4. 1993, p. 33.  (3) OJ No L 250, 29. 8. 1992, p. 37.  (4) OJ No L 376, 31. 12. 1991, p. 29.


title: Commission Directive 2009/98/EC of 4 August 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include boric oxide as an active substance in Annex I thereto (Text with EEA relevance)

text:
               5.8.2009

               EN

               Official Journal of the European Union

               L 203/58

      COMMISSION DIRECTIVE 2009/98/EC
   of 4 August 2009
   amending Directive 98/8/EC of the European Parliament and of the Council to include boric oxide as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes boric oxide.

               (2)

               Pursuant to Regulation (EC) No 1451/2007, boric oxide has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.

               (3)

               The Netherlands was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 7 July 2006 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 20 February 2009, in an assessment report.

               (5)

               It appears from the examinations made that biocidal products used as wood preservatives and containing boric oxide may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include boric oxide in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing boric oxide can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

               (6)

               However, unacceptable risks were identified for the in situ treatment of wood outdoors and for treated wood exposed to weathering. Therefore, authorisations for these uses should not be granted unless data have been submitted in order to demonstrate that the products can be used without unacceptable risks to the environment.

               (7)

               Not all potential uses have been evaluated at the Community level. It is therefore appropriate that Member States assess those risks to the compartments and populations that have not been representatively addressed in the Community level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks to acceptable levels.

               (8)

               In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing boric oxide and used as wood preservatives. In particular, appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks to these compartments have been identified during the evaluation. Products should also be used with appropriate protective equipment if the risk identified for professional and industrial users cannot be reduced by other means.

               (9)

               It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance boric oxide and also to facilitate the proper operation of the biocidal products market in general.

               (10)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

               (11)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 8 containing boric oxide to ensure that they comply with Directive 98/8/EC.

               (12)

               Directive 98/8/EC should therefore be amended accordingly.

               (13)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 31 August 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 September 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.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 4 August 2009.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1.

      (2)  OJ L 325, 11.12.2007, p. 3.

      ANNEX
      The following entry ‘No 23’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

                     Minimum purity of the active substance in the biocidal product as placed on the market

                     Date of inclusion

                     Deadline for compliance with Article 16(3)
                     (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘23

                     boric oxide

                     Diboron trioxide
                     EC No: 215-125-8
                     CAS No: 1303-86-2

                     975 g/kg

                     1 September 2011

                     31 August 2013

                     31 August 2021

                     8

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, when relevant for the particular product, the populations that may be exposed to the product and the use or exposure scenarios that have not been representatively addressed at the Community level risk assessment.
                     When granting product authorisation, Member States shall assess the risks and subsequently ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks.
                     Product authorisation can only be granted where the application demonstrates that risks can be reduced to acceptable levels.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 1.

                                 Products authorised for industrial and professional use must be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial and/or professional users can be reduced to an acceptable level by other means.

                                 2.

                                 In view of the risks identified for the soil and aquatic compartments, products shall not be authorised for the in situ treatment of wood outdoors or for wood that will be exposed to weathering, unless data is submitted to demonstrate that the product will meet the requirements of Article 5 and Annex VI, if necessary by the application of appropriate risk mitigation measures. In particular, labels and/or safety-data sheets of products authorised for industrial use shall indicate that freshly treated timber must be stored after treatment under shelter and/or on impermeable hard standing to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.’

         (1)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm


title: Commission Directive 2008/83/EC of 13 August 2008 amending Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species (Text with EEA relevance)

text:
               14.8.2008

               EN

               Official Journal of the European Union

               L 219/55

      COMMISSION DIRECTIVE 2008/83/EC
   of 13 August 2008
   amending Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (1), and in particular Article 7(2)(a) and (b) thereof,
   Whereas:

               (1)

               Commission Directive 2003/91/EC (2) was 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 and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties the Directive provides that guidelines of the International Union for Protection of new Varieties of Plants (UPOV) are to apply.

               (2)

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

               (3)

               Directive 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 2003/91/EC are replaced by the text in the Annex to this Directive.
   Article 2
   For examinations started before 1 November 2008 Member States may apply Directive 2003/91/EC in the version applying before its amendment by this Directive.
   Article 3
   Member States shall adopt and publish, by 31 October 2008 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 November 2008.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 4
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 13 August 2008.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 193, 20.7.2002, p. 33. Directive as last amended by Commission Directive 2006/124/EC (OJ L 339, 6.12.2006, p. 12).

      (2)  OJ L 254, 8.10.2003, p. 11. Directive as last amended by Directive 2007/49/EC (OJ L 195, 27.7.2007, p. 33).

      ANNEX
      ‘
            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 46/1 of 14.6.2005

                           Allium cepa L. (Aggregatum group)

                        Shallot

                        TP 46/1 of 14.6.2005

                           Allium porrum L.

                        Leek

                        TP 85/1 of 15.11.2001

                           Allium sativum L.

                        Garlic

                        TP 162/1 of 25.3.2004

                           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

                           Brassica oleracea L.

                        Cauliflower

                        TP 45/1 of 15.11.2001

                           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 (Thunb.) Matsum. & 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 13/3 of 21.3.2007

                           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 12/2 of 1.12.2005

                           Pisum sativum L. (partim)

                        Wrinkled pea, Round pea and Sugar pea

                        TP 7/1 of 6.11.2003

                           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 55/2 of 13.3.2008

                           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 2/2 of 15.11.2001

                  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

                           Allium fistulosum L.

                        Japanese bunching onion or Welsh onion

                        TG/161/3 of 1.4.1998

                           Allium schoenoprasum L.

                        Chives

                        TG/198/1 of 9.4.2003

                           Beta vulgaris L.

                        Spinach beet or Chard

                        TG/106/4 of 31.3.2004

                           Beta vulgaris L.

                        Beetroot including Cheltenham beet

                        TG/60/7 of 9.4.2008

                           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/155/4 of 28.3.2007

                           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/116/3 of 21.10.1988

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